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HomeMy WebLinkAbout2024-02-20 ResolutionItem Number: 7.b. CITY OF IOWA CITY COUNCIL ACTION REPORT February 20, 2024 Resolution approving agreement between Graduate Iowa City Owner, LLC, and the City of Iowa City. Prepared By: Rachel Kilburg Varley, Economic Development Coordinator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Maximum $100,000 grant is funded by the TIF increment in the City -University Project 1 urban renewal area. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution.doc Agreement Executive Summary: The Graduate Hotel has applied for a matching grant not to exceed $100,000, to replace their old cooling tower with an energy efficient cooling tower. This project will be funded by the TIF increment in the City -University Project 1 urban renewal area. The grant application was previously approved at the staff level, but delayed for City Council approval due to the Graduate being engaged in refinancing with a new lender. Background /Analysis: A cooling tower is a major component of large-scale commercial air conditioning systems that operates as a specialized "heat exchanger" in which air and water are brought into direct contact with each other. After replacing the cooling tower, the Graduate Hotel management projects annual energy savings of approximately $7,500 per year. On August 6, 2019, the City Council declared a climate crisis for the City and accelerated the City's goals for carbon emission reduction to reach net -zero emissions by the year 2050. As a result of this declaration, the City Council accepted an action plan in their effort to accomplish this goal. On October 6, 2020, City Council passed Amendment #16 to the City -University Project 1 (Downtown) Urban Renewal Area creating energy efficiency incentives for business located within the urban renewal area (resolution 20-239). The goal of the program is to provide incentives to commercial users to improve energy efficiency, reduce carbon emissions required to power buildings and to help the City achieve a 45% reduction in carbon emissions by 2030. The City -University Project 1 Urban Renewal Area was established in 1969 to breathe new life into the downtown area. Since then, the taxable valuation of the area has increased by more than $600 million creating a tax increment of more than $22 million each year. Tax increment comes from taxes paid by property owners in this area and is the source for the matching funds on qualified commercial energy efficiency improvements. The grant application was previously approved at the staff level, but delayed for City Council approval due to the Graduate being engaged in refinancing with a new lender. Illlllllllllllllllllllllllllillllllllllllllllllllllllllillllllllllllllllllllllll DOC ID: 032234510011 Type: GEN Kind: RESOLUTION Recorded: 02/26/2024 at 01:16:57 PM Fee Amt: $57.00 Pape 1 of 11 Johnson County Iowa Kim Painter CountV Recorder .�9 o STATE OF IOWA } )SS JOHNSON COUNTY } l r 1 t wrlcQi�� City of DTPA CNN 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. 24-37 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of February 2024, all as the same appears of record in my office. Dated at Iowa City, Iowa, this �� day of February 2024. Kellie K. Grace4, ;(L- ac -'_r, City Clerk F \res 410 EAST WASHINGTON STREET - IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Rachel Kilburg Varley, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 Resolution No. 24-37 Resolution approving agreement between Graduate Iowa City Owner, LLC, and the City of Iowa City. Whereas, the City has adopted an urban renewal plan (the "Urban Renewal Plan") that contemplates the use of tax increment financing to assist commercial users located in the urban renewal area in efforts to reduce their carbon emissions; and Whereas, the Urban Renewal Plan is described in Amendment No. 16 to the City - University Urban Renewal Plan, passed and approved by the City Council of the City of Iowa City, Iowa, pursuant to Resolution 20-239, on October 6, 2020; and Whereas, Borrower, a commercial user within the Urban Renewal Area, has applied for this assistance to fund improvements to its Facility that are anticipated to reduce its carbon emissions. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa: Section 1. That the attached Agreement by and between the City of Iowa City Iowa and Graduate Iowa City Owner, LLC is in the public interest of the residents of Iowa City; and Section 2. That said Agreement is consistent with and authorized by the Urban Renewal Plan and all applicable State and federal laws including, but not limited to, Iowa Code Chapters 15A and 403; and Section 3. That the Mayor is authorized and directed to execute the Agreement in a form approved by the City Attorney, and the City Clerk is authorized and directed to attest the signature and to affix the seal of the City Clerk; and Section 4. That the Mayor and the City Clerk be and are hereby authorized and directed to take all such actions and do all such things as they shall determine to be necessary or appropriate to ensure the City's performance as provided therein; and Section 5. That the City Clerk be directed to certify and record the resolution at Graduate Iowa City Owner, LLC expense; and Section 6. That the City Manager is hereby authorized to administer the terms of the Agreement. Passed and Approved this20th day of February , 2024. -1- Resolution No. 24-37 Page 2 Attest: City Clerk Approved: City Atto ey — 02/12/2024 -2- Resolution No. 24-37 Page 3 It was moved by salih and seconded by the Resolution be adopted, and upon roll call there were: Ayes: Nays: x X Absent: Alter Alter Bergus Dunn Harmsen Moe Salih Teague Energy Efficiency Forgivable Loan Agreement This Agreement is hereby made by and between Graduate Iowa City Owner. LLC (Borrower) and the City of Iowa City, Iowa, a municipal corporation whose address is 410 East Washington Street, Iowa City. Iowa ("City"). Whereas, the City of Iowa City has adopted an urban renewal plan that contemplates the use of tax increment financing to assist commercial users located in the urban renewal area in efforts to reduce their carbon emissions, and Wherea& said plan is described in Amendment No. 16 to the City -University Project 1 Urban Renewal Plan, passed and approved by the City Council of the City of Iowa City, Iowa, pursuant to Resolution 20-239. on October 6, 2020, and Whereas, Borrower, a commercial user within the Urban Renewal Area, has applied for this assistance to fund improvements to its facilities located at 210 S. Dubuque Street, Iowa City, Iowa 52245, anticipated to reduce its carbon emissions. Now, therefore, for the consideration described herein. the parties agree as follows: 1. Project: Borrower plans to install a new. energy efficient cooling tower manufactured by Baltimore Aircoil to replace the existing, inefficient cooling tower. A cooling tower is a major component of large-scale commercial air conditioning systems that operates as a specialized ''heat exchanger" in which air and water are brought into direct contact with each other. This system will consist of two high efficiency pumps and one high efficiency fan motor with a variable frequency drive (VFD). The high -efficiency pumps and motors will improve efficiency by 10% over the existing motors. The added VFD works by throttling the fan motor depending on the need. in warmer conditions the fan motor might operate at 100%, Under conditions where AC cooling needs are lower, the motor will automatically reduce the fan speed, saving significant amounts of energy- Borrower estimates energy bill savings of $7:500 per year. The project will be completed by October 1. 2024. 2. Legal description: All that certain parcel or parcels of land located in Block 64, Block 82 and vacated Dubuque Street, Original Town, now the City of Iowa City, County of Johnson_ State of Iowa, more particularly described as follows: Commencing at a point of reference at the Northeasterly corner of said Block 64; thence South 89 degrees 59 minutes 20 seconds West 222.00 feet along the Northerly line of said Block 64 to the point of beginning (this is an assumed bearing for purposes of this description only); thence South 00 degrees 07 minutes 00 seconds East 199.54 feet along a line parallel with the Easterly line of said Block 64 to a point on a Northerly outside face wall of a parking ramp. thence North 89 degrees 55 minutes 47 seconds West 79.34 feet along the said Northerly outside face of wall to a point on an Easterly outside face of wall of said parking ramp; thence North 00 degrees 04 minutes 14 seconds East 3.24 feet along said Easterly outside face of wall to a point on a Northerly outside face of wall of said parking ramp; thence North 89 degrees 41 minutes 37 seconds West 20.40 feet along said Northerly outside face of wall and said line extended to a point on the Westerly line of said Block 64: thence North 45 degrees 04 minutes 10 seconds West 64.54 feet to a point of intersection with the Southerly line of Lot 1, of said Block 82, extended Easterly; thence North 89 degrees 58 minutes 12 seconds West 72.86 feet along the Southerly line of said Lot 1 extended Easterly to a point: thence North 00 degrees 04 minutes 10 seconds West 150.74 feet along the West line of the Fast 38.50 feet of said Lot 1 to a point on the Northerly line of said Block 82; thence South 89 degrees 47 minutes 25 seconds East 78.50 feet along the Northerly line of said 8|uok 82 and said line extended to m point on the centerline of said Dubuque Street thence North 89 degrees 59 minutes 20seconds East 13§5Tfeet along the Northerly line of said Block 64 extended Westerly to the point of beginning, Together with non-exclusive easement rights granted by that certain Amended Easement Agreement, dated July 31` 1984.filed August 2Q. 1984. in Bonk 720 at Page J2Ginthe Records ufJohnson County. Iowa. 3. Economic Development Grant: In the event Borrower timely completes the Project described above and provides the City with evidence of invoices paid to contractors /or Project Construction CoEts, defined be|uvv, in amounts that are equal to or exceed S3J1.872.then the City shall grant Borrower 3100.000. subject tnthe terms and conditions uythis agreement. |nnnevent shall the City's contribution toward this Project exceed5O%uf thetotm|PrjectCnn*t,uctionCoe1s("Prinuipa|Arnmun[').Shou|d1hePrject Construction Costs beless than the projected $031.R72.theCity'suunbibubunvv|| belimited tu5O96uf the actual Project Construction Costs, not to exceed $100,000. Project Construction Costs are defined as the cost for the equipment and installation of the equipment as detailed in the attached Quote from AAA Mechanical. 4. Source ofGrant Funds Limited: Funds for this Economic Development Grant shall come from the City -University Project 1 Urban Renewal Tax Increment Fund. 5. Maintenance, Operation and Reporting: Borrower agrees to construct, rnaintain, and operate the Project in excelient working condition in a manner consistent with the energy efficiencies described above for aperiod ufthree (3)years. Borrower must submit tuthe City three (3) annual reports detailing the monthly energy usage and energy costs incurred for the above-described property compared to the monthly energy usage and energy costs incurred in the year before the Project was constructed. This corri is material to the City's determination of whether the Project is being maintained and operated in accordance with this agreement. These reports shall bedue annually mnOctober 1 6Repayment Term: Borrower shall not be obligated to make payments toward the Principal Amount nn long as Borrower satisfies the obligations described in Paragraphs 1 and 5 above. Should Borrower defau|t, as defined in Paragraph A below, Borrower shall be obligated torepay the Principal Amount inaccordance (berevviLh 7,Umtwremt:NointenastSha||0ccrueunthePrincip8|Ar0uUntduhngthe term ofthis loan. & Release: The City shall forgive this Economic Development Grant on or about October 1. 2026, upon a determination made in its sole discretion that Borrower has satisfied the terms of this Agreement and issue a release to be recorded in the Johnson County Recorder's office atBorrowers expense. A Defaulti |fBorrower does not timely complete the Project in accordance with Paragraph l above and maintain and operate the Project as required herein for three years from the completion ofthe Project, the Principal Amount shall beimnnedia1e|ydue and payable SO days after the City mails written Notice of Default to Borrower at the address listed above. The City reserves the right to pursue any other remedy available to itotlaw orequity to cu||actthe amount then due. 10. Representations and Warranties: Borrower represents and warrants (a) It is a company duly organized and validly existing under the laws of the State of Iowa and registered to do business in the State of Iowa and have all requisite power and authority to develop and construct the Project, to carry on its business as now conducted and as presently proposed to be conducted, to encumber the land described herein, and to enter into and perform its obligations under this Agreement, (b) This Agreement has been duly and validly authorized, executed and delivered by Borrower and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instrument of Borrower enforceable in accordance with its terms.. except as the same may be limited by bankruptcy, insolvency. reorganization or other laws relating to or affecting creditors' rights generally; (c) Neither Borrower nor any person or entity with an ownership interest of more than 25% of Borrower have been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages in the last 5 years. 11. Contractor Labor Law Compliance: Borrower acknowledges that the City of Iowa City will not contract with nor provide any economic development incentives to any person or entity who has participated in wage theft by violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act (FLSA) or any comparable state statute or local ordinance, which governs the payment of wages. Misclassification of employees as independent contractors is a violation of the FLSA and is included in the definition of wage theft. Borrower agrees that it will require, in any construction contract for the Project the following written provisions, proof of which must be provided to City prior to the stall of construction: a) Agreement by the General Contractor to comply with all state. federal and local laws and regulations, including, but not limited to the requirements of Iowa Code Chapter 91C (Contractor Registration with the Iowa Division of Labor): Iowa Code Chapter 91A (Iowa Wage Payment Collection Law), Iowa Code Chapter 91D (Minimum Wage), the Federal Fair Labor Standards Act, and the Internal Revenue Code: b) Agreement by the General Contractor to provide to the Borrower and the City no later than the filing of an application for issuance of a building permit, the names and addresses of each subcontractor and the dollar value of the work the subcontractor is expected to perform, C) Demonstration by the General Contractor that it has the capacity to meet all performance, and labor and material payment, bonding requirements relative to the Project. d) Providing to the City a certificate by the General Contractor's insurer that it has in force all insurance coverage required with respect to construction of the Project, including $1,000,000 Commercial General Liability Insurance and Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. e) Demonstration by the General Contractor that it has required all subcontractors to agree, in writing, that the subcontractor will comply with all state, federal and local laws and administrative rules and regulations, including, but not limited to the requirements of Iowa Code Chapter 91C (Contractor Registration with the Iowa Division of Labor). Iowa Code Chapter 91A (Iowa Wage Payment Collection Law). Iowa Code Chapter 91D (Minimum Wage), the Federal Fair Labor Standards Act, and the Internal Revenue Code. 11. Indemnification: Borrower releases the City and the governing body members. officers, agents, servants and employees thereof (hereinafter, "Indemnified Parties") from, covenant and agree that the Indemnified Parties shall not be liable for, and agree to indemnify, defend and hold harmless the Indemnified Parties against, any loss or damage to property or any injury to or death of any person occurring at or about. or resulting from any defect in, the Project or Borrower's property described in above. 12. Covenant: This Agreement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The undersigned represents and warrants that he has the authority to bind Borrower and the property described herein to the terms of this Agreement. 13. Effective Date:.This agreement shall take effect as of March 1". 2024. Agreed to on this,)nrh day of Fphr„ar�E .2024. Borrower: I City _ I� l (N me. 'II o,,,,, 4tc(i V;Lt Bruce Teague, 1 Attest:✓oP C F 6r.�S�`� Kellie Fruehling, City Clerk Approved by', City Attorney Office CITY ACKNOWLEDGMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this nay of F-ecb1^4r , 2024, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Bruce Teague, as Mayor, and Kellie Fruehling.. as City Clerk, of the City of Iowa City, Iowa. Notary Public in and for the State of Iowa My commission expires: C 1,`'-z�IVA5 R i �, TAMARA NEUMANN* Commission Number 838058My COMMISSION EXPIRES P MARCH 14, 2025 STATE OF ilind1 ) )SS COUNTY OF ('00k ) rr This instrument was acknowledged before me on this day of FCbrUAK4 . 2024, by ZI c.74*� f4 oLie— (name), as Vf (p Pt'PS' dpgp f (title) oGraduate Iowa City Owner, LLC. OFFICIAL SEAL KAITEYN K SENNETT Notary "'issl' s`Ote of 10"Oi5 Notary Public in and for the State of f f i"15 Y Commis No. ExD2to y My Commission 20 ExoNos .rw 19. 20z7 My commission expires: From AAA Mebtla tical Contractors, Inc. AAA 2755 $turd LA ral fA 5 North Liberty 2317 31%1511843 AAA MECHANICAL h6ps:i:YNNr.aaalt earn Wo servrw HVACIk budding winks. and Plumbing systems for commemal and industrial cuHomers Quote No. 2014005 Quote For Graduate Iowa City Type Replacement 210 S Oubuque Sl Prepared Ey Pal Handle bem Cry A 52240 Creased on OINIM022 Valid Until 1011'i2022 Description of Work Replace Extsdng Cooling Tower vAth new Tories with build In Preece onatecaam Rel Unit would be delivered do three pieces for final ns"mbly. Stroctural Engineartng n, doing toad and wind calculations, Also providing a strocnrrai repair on been, repair iootSWe 14uam has large amount a rust acrd erosion of sti lJ, repair bristled. Romot4 sump tank will be provided and installed tan basement mabankai recall, This will atiow the tower to III min into remore Pump when hear, condtdpn aril preaanL "Enwnq pgaeg wIII stay ., place as W. h as Ixssx,.. hs a COSI savYiy+s " 'C�vr:m's til• t d,-.O,N P"u-^es3 �v ,rIckoyu" •• -2vP[ Remote Sump JFJ's. Can= s Rapa r ,c i beam r-lpr g anj eleYrcz: w.en; cadet" •• Payment terms 56%at the time equipment rates" at the time squIPnw, r amt"'. " 25%at completed Protect check off by Owner Services, to be Completed [HVAC) Location - Belittling Replace Exalting Cooling Tomer Min budd-al heeie platecliori Parts, labor, and tees Quantity Unit Price Tax Total Eshmatad Journeyman Labor for Ptaposal 1 $77,920.00 $1.075..^.0 $18,99520 Labot Helper Ragurar 1 $960.00 357.60 S1,01760 BAC Cubing Im" 1 $164,81500 $9.88690 $174,70390 BAC Coping Tarter Ever T,ugh Ares 1 $32,178.75 S1,93073 $34,109 48 Corrosion, Itnpact Prdectara Coating & Lwv Sound Option SAC Roconrrralyded Optiwrs Twaar Fan 1 $38.090.00 $228540 $40,37540 VFO. Toviet Loop Full Flew CPninfugal swpa'alor 8 Marr Buldl-r7 '•.xo 5.;;e ��.> !:entrriu0al 5c=pa -a;pr 3ACy ASI CAnhng Tin ver 9uuar-g Av:rMaGcn t :`!1-(H'/J 43 SrK+c ()Cl 512 nx10S m:caratlor Srnvc Haftera S2•tu: rlal P•Ira`I•w_:o: 1 55003 is $.y:X;A S`_-9JY u-, cleclr:.ill work i 55 GOC `.:G ITY1 x $5 3.'.F) OC Idle ReN !d F�arh ReAal' :V`W CC S3<_: 5C 939" 6C Gds -lrec vNelae' t $?SC'x $10CCr 5.455 OC !Ar•SpgCb"€'wS PRQP. 'varay. 3FIt(InaE S750 %X $1325rii CIC+ Foupment Cnepasn RecTt¢ZFae 53t5IX1 $IFx S; 43i> @-n oce Stage Tank' 132 3aliors '1F U -It $.0.32.1 CO 51 237 50 ar I tAo`2 5u Verve ' 0129511 lot RR 54 "1 9S T`I[ Cnargo pawn) Of) z:Y9OD sf�Yl 00 SUETCTA1_ 5.4'14 &I -C GRAND TOTAL $331,971.60 Terms and Condtuons ,'F ao= �•aatr ?'v. np=uyivy :c �Ttnr. 0r urelr.� ;: I=.rrDL(:3n1 rcr:a',o ss; 15s Mcat asslalnvy sa^: rwg nm vc4v s hla�e -gin IFe'2C'= ,.rvr•.9r.oa9 d.•[IlDviny't'155Upfi bl aS^.e!b v^vP:-r-:RirL. {I lat_'_;:o ,.Pgtr»S YE nJ:2m t>:yH 1'Plrro :CI-.a;I !:+v2.» -e rdrWtulr twny manufuctu:en ara aape:kncrg <naMrNl atnrlayea arrd'ut Ixedurtiaer tlelaya Qtr to 0. glcUal tm:akm:c, Thi. 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Cy l�-f R. ia.-[IItlL aoru:Y+v✓t's, ger£P,P="Jh 1:Y �' P:e r�s'.a'ml Description of Work Replace Exrabng Coating TowerwtM new Towerwhh bump In heere prarecaon. New Vnh would be delivered Irl ase plae ea for final aesembly. $tre Moral Eny in eoring m do in i; load and wind calculatlone, Alco lomvidleg a xtructunl re Port on beam sepair(ou ide 1-1 has largo amounl of wcl. and 6r*swn or sleep, npairiMluded Remota sump tank will he PMVicl and install ill 4aremerlt mechanical room), This will atlaw tdc tower to drain Into mw* sump when he ere conical are ynrnrt. ^Emiamq Pp% ant stay n place as much as posslCre, As a cast sew gL "CoMrcle hx rc dnwpii p on is are rwkdet ^ -Tower, Rall Sump. VFD's, Controls. Rol to I beam. pipng and electncal u m related •• Perymnd Urns 5l the l equiparnt nkase '7516 at the time equ iOmenr an wo •- 25%at eamplmd Proleet check oil by Owner Services to be completed (HVAC] Location - Bui}ding Pull Existing Cooling Trager with build -in freeze protodivn Parts, labor, and fess Quantity From AAA hlaonA lcal Tax Cdrilractars, Inc. ` A A 2756 S bow Cbv l $1,07520 Liberty [R 52317 Labor Helper Regular 1 319Ci511843 31 M AA/% AACCHANICA>~ Wps11wrm.aaamech.00m BAC Cooing Ill 1 M service HVAOR, 59.888-90 budding oonill and BAC Cooing Twxor Ever Tough Andt 1 plIwn q voems For $1 930.73 mllimmdal and inch ldal Corrosion, mil pralecluni Col 8 Low cuslomels. Quotia N0. 2014005 Ou re Foi Graduale Iowa City Type Reptdcenlenl 2105I)Lt e5l Prepared By Pani Hanka lovra Cay l 52246 Creoled On 09.MBW22 $38X90.00 Valid Unlll 10152022 $40,375.40 Description of Work Replace Exrabng Coating TowerwtM new Towerwhh bump In heere prarecaon. New Vnh would be delivered Irl ase plae ea for final aesembly. $tre Moral Eny in eoring m do in i; load and wind calculatlone, Alco lomvidleg a xtructunl re Port on beam sepair(ou ide 1-1 has largo amounl of wcl. and 6r*swn or sleep, npairiMluded Remota sump tank will he PMVicl and install ill 4aremerlt mechanical room), This will atlaw tdc tower to drain Into mw* sump when he ere conical are ynrnrt. ^Emiamq Pp% ant stay n place as much as posslCre, As a cast sew gL "CoMrcle hx rc dnwpii p on is are rwkdet ^ -Tower, Rall Sump. VFD's, Controls. Rol to I beam. pipng and electncal u m related •• Perymnd Urns 5l the l equiparnt nkase '7516 at the time equ iOmenr an wo •- 25%at eamplmd Proleet check oil by Owner Services to be completed (HVAC] Location - Bui}ding Pull Existing Cooling Trager with build -in freeze protodivn Parts, labor, and fess Quantity Unit Price Tax Tow Eadmaldd Journeyman Lal kw Proposal 1 $17,92000 $1,07520 $18,99620 Labor Helper Regular 1 $960.00 $57.60 $1,017.60 BAC Cooing Ill 1 $184,815.00 59.888-90 S174,1M W BAC Cooing Twxor Ever Tough Andt 1 $32,11675 $1 930.73 $34,109.48 Corrosion, mil pralecluni Col 8 Low Sound Option BAC Racdnanerded Opllons Toner Pan 1 $38X90.00 $2,285,40 $40,375.40 VFD. 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Attachments: Memo to Board of Adjustment BOA draft minutes 12.13.23 Procedural Rules redlined as approved by BOA Rules Committee Minutes 02-06-24 Resolution Procedural Rules Executive Summary: The Board of Adjustment approved amendments to its procedural rules (i.e., bylaws) to base notice requirements on the number of calendar days rather than business days and to modify the order of proceedings in appeals. The Council Rules Committee approved the proposed amendments with one change. The Council Rules Committee recommends the notice requirements be increased from 7 calendar days to 10 calendar days in Article V, Sections 1- 3. CITY OF IOWA CITY COUNCIL ACTION REPORT February 20, 2024 Resolution adopting the procedural rules of the Board of Adjustment and rescinding Resolution No. 21-275. Prepared By: Susan Dulek, First Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Fiscal Impact: none Staff Recommendation: Approval Commission Recommendations: Board of Adjustment approved at 12/13/23 meeting Council Rules Committee approved at 2/6/24 meeting with one amendment Attachments: Memo to Board of Adjustment BOA draft minutes 12.13.23 Procedural Rules redlined as approved by BOA Rules Committee Minutes 02-06-24 Resolution Procedural Rules Executive Summary: The Board of Adjustment approved amendments to its procedural rules (i.e., bylaws) to base notice requirements on the number of calendar days rather than business days and to modify the order of proceedings in appeals. The Council Rules Committee approved the proposed amendments with one change. The Council Rules Committee recommends the notice requirements be increased from 7 calendar days to 10 calendar days in Article V, Sections 1- 3. � r � GAMIN CITY OF IOWA CITY MEMORANDUM Date: December 13, 2023 To: Board of Adjustment From: Kirk Lehmann, Associate Planner Re: Proposed Amendment to Procedural Rules Introduction: The December 13, 2023, agenda will include several proposed changes to the Board of Adjustment Procedural Rules (i.e., bylaws), a copy of which is attached. Proposed Changes: Most proposed changes to the bylaws are relatively minor. These include the deletion of redundant language, ensuring both written and numeric representations of numbers are included, adding headers in certain sections, and correcting the names of City titles and departments. However, a few changes are more substantive: Appeal Order. Creating a new hearing order for appeals that is distinct from those for special exceptions or variances. This change ensures that the Appellant is the first presenter after a brief introduction by the Secretary of the Board. 2. Counting Days. Changing minimum notice requirements to calendar days rather than business days. According to City Code and State law, calendar days are computed as follows: the first day shall be excluded and the last included unless the last falls on Sunday or a holiday, in which case, the time prescribed shall be extended so as to include the whole of the following Monday or first working day. This change aligns standards with other notice requirements used by the City. For example, the adopted Good Neighbor Policy requires that a Good Neighbor Meeting occurs no less than 7 calendar days prior to the scheduled public meeting, and newspaper notices for public hearings regarding rezonings must be published 7 calendar days in advance. Standardizing timelines helps reduce the possibility of administrative error, though most notices are published well in advance of these timelines. In addition, other references to business days are changed to calendar days for consistency, and the number of days are adjusted so as not to substantially change intended timeframes. Process: Article IX of the Procedural Rules require 3 members to approve an amendment to the bylaws. If approved, the proposed amendment will be forwarded to City Council for approval. (Council approves the bylaws for every City board and commission.) The amendment would be effective upon Council approval. The Board has three options, which in no particular order are: 1. Approve both proposed changes. December 13, 2023 Page 2 2. Approve only one of the proposed changes. 3. Not approve either of the proposed change. Due to both open meeting requirements and the bylaws (Article IX), the Board cannot approve a change that substantially modifies these proposed changes, nor can it approve a substantive change to any other provision of the Procedural Rules at the December 13 meeting. Those changes could occur at the January meeting with proper notice. We look forward to talking with you about these proposed changes on December 13. Attachments: 1. Proposed changes to the Bylaws of the Board of Adjustment MINUTES BOARD OF ADJUSTMENT FORMAL MEETING EMMA HARVAT HALL DECEMBER 13, 2023 — 5:15 PM PRELIMINARY MEMBERS PRESENT: Larry Baker, Nancy Carlson, Bryce Parker (via zoom), Mark Russo, Paula Swygard MEMBERS ABSENT: STAFF PRESENT: Sue Dulek, Kirk Lehmann OTHERS PRESENT: CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Carlson outlining the role and purpose of the Board and the procedures that would be followed in the meeting. CONSIDERATION OF AMENDMENTS TO THE BOARD OF ADJUSTMENT BYLAWS: Lehmann began by explaining the amendments are mostly minor changes such as terminology and the way that headings are structured, etc., but there are two general sets of more substantive changes that he laid out in his memo. The first came about because there have been some appeals recently and the appeal order is a little off from what would be expected, the appellant is to make their case first and then staff would make their case, and then it would go from there. So, Article 6, Section 8, Hearing Order is the one that would be retained for special exceptions and variances, which are the bulk of the applications, but staff also moved the sentence noting the Board may request additional comments to this section rather than having it noted after the hearing is closed. Staff also proposes to add a Section 9 to the article that would create a similar setup for appeals but would be slightly different in that there'd be a brief introduction by the secretary of the Board, and then the appellant presentation, and then the staff presentation on the administrative decision being appealed. The next change is to convert from business days to calendar days throughout. There are several different sections that can cause confusion, the first would be in an Article 4, Sections 2 and 5, Article 5, Sections 1, 2 and 3, and then Article 8, Section 5. With regard to Article 5, which is related to public hearing notices, this a case where the wording would transition from business days to calendar days but the number would be the same. Lehmann explained the goal for this change is to reduce administrative error and ensure consistency of City notice timeframes. It's based on what is currently in the City Code for BOA notices, within the Code right now it states public hearing notices must be seven days prior to a hearing but the bylaws changes that to business days which leads to a little bit of confusion for inexperienced staff and could be problematic and has the potential to lead to error. Calendar days are also more consistent with other notice time frames for planning applications. Lehmann pointed out for Board of Adjustment December 13, 2023 Page 2 of 8 example in the good neighbor policy, and in pretty much every other policy. With regards to Articles 4 and 8, those are changing from business days to calendar days as well. However, in those cases staff converts the number of days, for example five business days would be converted to seven calendar days and 10 business days would be approximately 15 calendar days. These conversions are happening so that they keep a consistent timeframe but that some are not calendar days and others business days. The goal is not to modify the actual timeframe, just to have it be similar to any other timeframes for notices in the Code. Lehmann noted generally they have no problems getting out notices in time and haven't had problems with the appeals but they just don't want to shorten those lengths or anything. But it does lead to a slight change in timeframe with those Article Five changes regarding notice. Carlson asked if moving onto Article Two, membership, are there any questions for staff on any of those sections. Swygard had a question and it ties in with a questions about minutes, in the officers it says the Board Secretary shall be a staff person who is appointed by the Director of Neighborhood and Development Services, so who is the Board Secretary. Lehmann replied it is him as he is the one to publish all the notices and keep all the minutes, etc. Swygard noted in the section for the new order of procedure for an appeal, number one is a brief introduction by the Secretary of the Board, so that is Lehmann or the staff person in his position, and number three is staff presentation on grounds, so that would be the Board Secretary again. Lehmann explained most likely not, the way it would generally work is the Secretary is going to be independent from the person that is representing the City or the person that made the decision, which is often the building official. For example, in terms of the most recent appeal, the front setback question, Danielle Sitzman, the development services coordinator, is the building official and made the determination to issue the building permit that was being appealed, therefore she represented the City in that case, and Lehmann as the Board Secretary in that case was acting only as the Secretary of the Board. In most cases the Board Secretary can provide a general orientation about the property in question and then at that point it would turn over to the appellant to make their case as to why they believe a decision should be overturned. Then after the appellant speaks it would be the actual staff presentation. Lehmann explained as the Secretary of the Board he would essentially discuss the location and zoning maps to make sure everyone is familiar with what's happening because an appellant may not give the full context on those sorts of technical background things that the Board should be aware of. Dulek noted it is the Secretary of the Board's responsibility is to share that information without advocating the City was correct, it's an orientation, it's not a presentation. Swygard asked who actually creates the minutes. Lehmann explained the minutes are created by a minute taker and then he reviews as Secretary for the Board. He will review them for accuracy before they are presented to the Board for approval. Swygard asked under what circumstances would staff forward the minutes to City Council without having approval by the Board. Lehmann explained typically he includes the preliminary minutes that are prepared in the agenda packet for approval and then forwards the final minutes to the City Clerk. Dulek explained draft minutes will be in the information packet that goes out every Thursday for all Board of Adjustment December 13, 2023 Page 3 of 8 boards and commissions, a draft of preliminary minutes. Once the board or commission approves it then it goes to City Council for approval and is part of their agenda packet. Russo asked how the minutes are taken, is it that this meeting is recorded and then someone takes minutes off that recording and they are not present. Lehmann confirmed they are not present, they have access to the zoom recording and he then reviews the minutes to make sure that it's full and complete and accurate. Carlson stated she had a couple questions on the notice letters and the notice signs and the fact that it's no less than seven days. How much time do staff usually try to send out the letters and put the signs in the yard because it says no less than seven days but that seems kind of tight and a lot of people have a lot of other things going on and it makes her nervous they probably will not read or respond to it but she wants to make sure that the that the public knows about these things. Lehmann replied that they don't really have any problems meeting these timelines as the typical process is they get an application and put out the sign immediately, and that's usually 40 days in advance. The letters usually go out pretty early as well, generally somewhere between two and three weeks in advance. The public notice is around a similar timeframe however the public notice specifically can't be published more than 20 calendar days in advance, and he has almost run into situations where he accidentally posted too early. But that 20 calendar days gives two to three weeks for people to react to these things, and then the City will publish the packet that Friday before the meeting. Carlson asked how this process in relation to the process for other commissions, like planning and zoning, do they try to make all of these boards have the same timeline. Lehmann confirmed they do try but in planning and zoning it largely depends on when things come in and how fast they need to be processed, however two weeks is pretty typical for most cases and the sign goes out almost immediately upon receiving an application. Lehmann noted also the Board of Adjustment is unusual in that these requirements are in the bylaws, they are the only commission that actually has that, a lot of the other ones are based on City policy and not based on bylaws. For example, a zoning code amendment, within the City Code section for the Board of Adjustment it specifically says seven calendar days is when they have to post the notice, but the letters are not included in there or codified anywhere. Overall staff's goal is to try and make sure that if nothing else the bylaws match the Code and changes to the Code are at the discretion of City Council typically. Carlson asked with just seven days if someone didn't like the ruling, could they come back and say they don't feel that there was not enough time given for public notice for people to respond to this. Dulek said no because per State Code states almost all notices are for a minimum of 4, maximum of 20 days, to give too much time could get lost in the shuffle, likewise you don't want to give to little notice. For all notices State Code is 4 and 20 although recently public bidding changed a little bit on some big construction projects. Board of Adjustment December 13, 2023 Page 4 of 8 Lehmann added in terms of publishing the packet actually, that only requires 24 hours' notice, Iowa City does more than what's the minimum required so there's not really a legal ground for them to say they didn't have enough time. Carlson noted she is involved in dealing with a very complicated lease and so things like these dates suddenly become very important and the implications that can be had by that, that's why she's asking these questions. Lehmann agreed, the timelines make sure that they are doing what they need to do to notify the public and also to protect themselves so that someone can't come back and say the City didn't notify them in a timely way. Lehmann noted it is possible for the Board to keep longer timeframes in their bylaws as well if that's something they want to do, they could convert the five business days to seven calendar days or 10 calendar days. Lehmann did convert everything in Articles 4 and 8 and in Article 8 the sections on the timelines in which one could make appeals and sections on the timelines in which an applicant could request reconsideration. He didn't do it for notices just because the Code has a different timeframe and he wanted to try and standardize that. Carlson had a question on the Board voting, it states a Board member may abstain from voting, which is a non -vote, when would that occur. Lehmann replied typically they don't see that other than a recusal, but it may be something where a Board member doesn't feel they could make an informed decision. Perhaps one person felt like there wasn't enough information and requested more information, but the rest of the Board determined that there is enough to move forward, then that person may say they can't make a vote and is going to abstain. It isn't something that happens very much. Lehmann asked is there such a thing as three people abstaining where a decision can't be reached. Dulek is not aware of such a situation, she noted about 10 or 20 years ago there was a City Council member that abstained quite a bit and actually Council then passed a resolution that said if someone abstains it's a no vote. That's why this is listed as a non -vote, it would be just like a recusal and not an automatic no. Parker asked if the City Council rule is across all City boards. Dulek replied that was just a City Council resolution and hasn't really happened since that person left the Council. Baker moved to accept the consideration of the amendments to the Board of Adjustment Bylaws including to accept the proposed changes as written by the Secretary, including the appeal order and the counting of days. Russo seconded the motion. A vote was taken and the motion passed 5-0. CONSIDERATION OF LETTER OF SUPPORT OF SIDEWALKS NEAR 1839 B STREET: Board of Adjustment December 13, 2023 Page 5 of 8 Carlson noted she was not at the last meeting when this item was discussed, she did read the minutes and went and looked at the situation. Swygard noted that after hearing the application at the last meeting the Board really felt it was important to ask the City to take a look at B Street because there are no sidewalks there and with the testimony from 4C's they felt that there would be potentially quite a few people coming to 4C's using public transit. The nearest transit stop is up on Court Street so people would need to walk down B Street to get to the newly created 4C's building location and the Board felt strongly that would be a safety hazard since there are no sidewalks and asked that this letter be drafted on behalf of the Board for signature. Lehmann added prior to Board consideration he wanted to add he did receive a message from 4C's and some funding that they were hoping would help them establish this use was not awarded to them so they're not sure if they'll be able to move forward or not with this project. However, a special exception is associated with the land so there is still an opportunity for childcare used to be here or 4C's might still be able to utilize it if they receive other funds. Swygard asked what impact that would have on the letter then as it was written in the frame that this childcare center was happening. Lehmann stated the Board of Adjustment did still approve a special exception request by the nonprofit, 4C's, so they could either modify the letter to be an approved a daycare use or if they think that the sidewalks are important to the area they could modify the letter to state they think sidewalks are important in this area regardless of use. Lehmann stated they could table this for a month to see if 4C's does go ahead with the project but the decision allows a childcare use to be established in that location, it doesn't have to be 4C's. Maybe a new buyer will want to do a childcare center there and they could with this exception approved and he might not hear about it if that happens. Parker noted the neighborhood still is without sidewalks so they could just draft a letter stating there is a need for sidewalks in that neighborhood. Baker and Parker agree they should still send the letter. Lehmann noted the letter states they approved a special exception request for a daycare proposed to serve 120 children which drew attention to the lack of sidewalks. It's still a valid letter it just may not be as pressing if nothing moves into the building immediately. Council may take that into consideration as they're looking at how they want to budget it to see what happens there but he encouraged 4C's to apply for community development block grant funds, which is something that 4C's has used in the past, it wouldn't be the same amount of funding that they requested but it might help. Carlson asked how City Council would know that this is not as pressing at this point, but the Board would still encourage sidewalk. Lehmann explained they would have the minutes and he could send the letter with the minutes as an attachment so they have the full context. Board of Adjustment December 13, 2023 Page 6 of 8 Russo stated since he missed the last meeting, is the position of advocacy a safe position for this Board, they're a quasi-judicial body that weighs on things that come in front of them so this is a little unusual. He agrees there is a need for the sidewalks, on his street, Seymour Street, right up from Longfellow, there's a whole side of that block that doesn't have a sidewalk. Dulek stated there was discussion at the last Board meeting whether adding sidewalks should be actually a condition however if they just put it on one lot, that didn't make any sense because there would not be a continuous sidewalk. Therefore, the Board didn't think that it made a lot of sense to require this owner to put in a sidewalk and after a little more discussion it was thought perhaps just letting Council know there's no sidewalks on either side of B Street, a there's a new childcare going in there, sidewalks should be considered. Russo asked if the City would impose the sidewalk requirement on homeowners or would the City pay for this. Lehmann stated the City has infill sidewalk funds that they use from time to time. Where they install them is determined by a mixture of City Council and engineering. If the Board approves the letter he would send it probably to the engineering department and then also include it in a Council packet for them to consider. Swygard is torn between waiting and sending the letter how. Although it does go with this special exception and the specific use, she would still want to encourage sidewalks there with that use. She would support sending it as long as it's clear that the initial use has been put on hold by 4C's and it's clear that it's not pressing. Parker thinks they should send a letter just because a daycare is currently approved and there is a park around the corner as well. Additionally, pedestrian mode of traffic was highly contingent on the applicant as all modes of transportation were considered and he doesn't think it burdens anybody to actually put in sidewalks. It's up to Council to say yea or nay and most likely it just depends on budget anyway. Baker noted it's a recommendation not a requirement and Council will take responsibility for whether or not it's required. The Board took some time to wordsmith the letter, including striking the sentences specifically referencing information in 4Cs application and modifying "the" daycare to "such a proposed" daycare and agreed to send it with the changes as indicated. Baker moved that the request for consideration of the sidewalk infill letter be sent to City Council as amended in the meeting of December 13, 2023. Swygard seconded the motion. A vote was taken and the motion passed 5-0. Board of Adjustment December 13, 2023 Page 7 of 8 CONSIDER NOVEMBER 8, 2023 MINUTES: Carlson asked if any members had changes to the minutes Swygard noted that in the 3'' paragraph on page 7, Bryce Achen's comment should be clarified that the project would only bring the lighting up to code if it was required, however it was her understanding that the lighting would not need to be brought up to code during the site plan process. Baker moved to approve the minutes of November 8, 2023 with amendments discussed. Swygard seconded. A vote was taken and the motion carried 5-0. G10L1Nexely_1IP11IAIted =1 �h9I�I;[Q:7taiI_rIMk, Lehman recognized that Swygard has been reappointed for a full term. He also added they will not have a January 10 meeting due to no applications and the deadlines passed. ADJOURNMENT: Baker moved to adjourn this meeting, Swygard seconded, a vote was taken and all approved. Board of Adjustment December 13, 2023 Page 8 of 8 BOARD OF ADJUSTMENT ATTENDANCE RECORD 2023 NAME TERM EXP. 3/8 4/12 4/19 5/10 6/14 7/12 11/8 12/13 BAKER, LARRY 12/31/2027 X X O/E X X X X X PARKER, BRYCE 12/31/2024 X X O/E X X X X X SWYGARD, PAULA 12/31/2023 X X X X X X X X CARLSON, NANCY 12/31/2025 X RUSSO, MARK 12/31/2026 X Key: X = Present O = Absent O/E = Absent/Excused — — = Not a Member PROCEDURAL RULES Iowa City Board of Adjustment Nn"nn'r.wcmocr202-1 XXXXXXX 2024 ARTICLE I. AUTHORITY: The Iowa City Board of Adjustment shall have that authority which is conferred by Chapter 414 of the Code of Iowa; City Code Title 14, Chapter 7, entitled "Administration," Article A, entitled "Board of Adjustment," and through the adoption of these procedural rules stated herein. I_1AI1":1INL',IW, W:1� �9:IIa Section 1: Qualifications. The Board of Adjustment shall consist of five (5) members appointed by the City Council. All members of the Board shall be residents of Iowa City, Iowa. A majority of the members of the Board shall be persons representing the public at large and shall not be involved in the business of purchasing or selling real estate. Section 2: Compensation. Members shall serve without compensation; but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager. Section 3: Orientation for New Members. Prior to the first regular meeting following their appointment, each new member shall be shall be iven an orientation briefing by City staff and be provided with the Board's procedural rules and other information that may be useful to Board members in carrying out their duties. The City Zoning Chapter Code and the Comprehensive Plan are available on-line. Section 4: Absences. Three (consecutive unexplained absences of a Board member from regular Board meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Members shall be removable for cause by the City Council upon written charges after a public hearing. Section 5: Vacancies. Any vacancy on the Board because of death, resignation, long- term illness, disqualification, or removal shall be filled for the unexpired term by the City Council after at least thirty (30) calendar days of public notice of the vacancy as Fequired laylaw. Section 6: Terms. Members shall be appointed for terms of five (5) years. No members shall be appointed to succeed themselves. However, a member appointed to fill an unexpired term with one year or less remaining may also be appointed concurrently for one full five (5) year term. Section 7: Resignations. Resignation should be submitted in writing to the Board Secretary, who will transmit the resignation to the City Council with copies to the City Manager, the Director of Neighborhood and Development Services, and the Board Chairperson, preferably at least sixty (60) days prior to the date of intended departure. Section 8: Temporary Alternate. An alternate member, if available, shall be appointed as provided herein, to replace a member who is unable to participate in an appeal of an administrative decision due to a conflict of interest. Any person who has served as a member of the Board within the five 5) years preceding the filing of the appeal, and who represents the public at large and is not involved in the business of purchasing or selling real estate, shall be qualified to serve as an alternate. When tk4,--a member has recused himself/herself due to a conflict and the date of hearing before the Board has been set, the Secretary of the Board shall notify all such persons and the first to agree to serve as the alternate is hereby appointed to do so. ARTICLE III. OFFICERS: Section 1: Number. The officers of the Board shall be a Chairperson and a Vice - Chairperson, each of whom shall be elected by a majority vote of the members of the Board. The Board Secretary shall be a staff person, who is appointed by the Director of Plann ng and Community Developmen Neighborhood and Development Services. Section 2: Election and Term of Office. The Chairperson and Vice -Chairperson shall be elected annually at the first regular meeting of the Board each year. Section 3: Vacancies. A vacancy in the office of Chairperson or Vice -Chairperson because of death, resignation, removal, disqualification, or other cause shall be filled by election from the members of the Board for the unexpired portion of the term. Section 4: Chairperson. The Chairperson shall, when present, preside at all meetings, call special meetings, and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Such Chairperson may administer oaths and compel the attendance of witnesses. Section 5: Vice -Chairperson. When the Chairperson is absent, or -abstaining, or recusing, the Vice- Chairperson shall perform the duties of the Chairperson and shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6: Acting Chairperson. In the absence and/or due to the abstention or recusal of both the Chairperson and Vice -Chairperson, the remaining three (3}� Board members may elect a member to serve as Acting Chairperson. The Acting Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 7: Secretary. The appointed staff person, who serves as the Board's Secretary, shall be responsible for maintaining the office of the Board, receiving and filing Board decisions and orders, posting and publishing notices as required by law, and for maintaining minutes and other records of the Board's proceedings. ARTICLE IV. APPLICATIONS: Section 1: Application Forms. Any application for a request or appeal to the Board of Adjustment shall be filed with the City Clerk on forms provided by the Secretary of the Board. The Secretary's office is located in the Department of Neighborhood and Development Services. Forms are available in the Ooffice of the City Clerk and on the City's website. In the appropriate cases, the Building h4&pesieFOfficial shall transmit to the Secretary all documents constituting a record, upon which the Board shall act. Section 2: Application Submittal. Appeals to the Board shall be filed with the City Clerk within a reasonable time period, not to exceed thirty (30) calendar days after the action appealed from, and shall specify the grounds for such appeal. An appeal from a decision by the Building #wpesteFOfficial to issue a building permit shall not be deemed to have been filed within a reasonable time if such appeal is filed more than ten -fifteen (105) business calendar days after construction work pursuant to such permit is observable from adjacent properties orf the public right-of-way or ten -fifteen (105) ;Tcalendar days after an alleged violation of the zoning code is similarly observable. Applicants may appeal an approval or a denial of a Certificate of Appropriateness from the Historic Preservation Commission within a conservation district by filing a letter with the City Clerk within ten -fifteen (105) ;mss calendar days after a Resolution of Denial is filed by the Commission. Section 3: Application Filing Fee. The applicant shall complete the required forms, providiage all information requested on the form, androp vide any additional information as requested by the Secretary of the Board. A filing fee shall be paid upon presentation of the application. Application fees are established by resolution of the City Council. Section 4: Party of Interest. Requests for a variance or special exception must be filed on behalf of the real party in interest, such as the owner or contract purchaser. Section 5: Case Number. An application filed according to the above procedure shall be given a case number within five -seven (57) hi,g�^�� calendar days of the filing date. Case numbers will be assigned according to the order in which applications are received. ARTICLE V. NOTICE: Section 1: Notice Letters. No less than seven (7) t- -q „calendar days prior to the public hearing, the Secretary of the Board shall send notice by mail to all property owners of record and to all non -duplicative individual occupants (when available on the City Assessor's website), within 500 feet of the subject property. Such notice shall include a description of the action requested along with the time and location of the meeting. The applicant shall be formally notified of the time and place of the hearing, in writing, by the Secretary of the Board. Section 2: Newspaper Notice. Notice of the time and place of public hearings shall be published in a newspaper of general circulation not more than twenty (20) calendar day nor less than seven (7) businesscalendardays prior to the hearing. It shall contain the street address or location of the property and a brief description of the nature of the application or appeal. Section 3: Notice Sign. No less than seven (7) business calendar days prior to the public hearing, the Applicant shall post a sign on or near the property upon which the application is being made7 and shall remove the sign immediately following the public hearing on the application. The sign will be provided to the applicant(s) by the Board Secretary. ARTICLE VI. HEARING: Section 1: Regular Hearings. Hearings will be held as needed at a regular time and place to be set by the members of the Board. Section 2: Special Hearings. Special hearings or meetings of the Board may be called by the Chairperson and shall be called by the Chairperson or Vice -Chairperson at the request of three (3) or more members of the Board. Section 3: Place of Hearings. All hearings and meetings of the Board shall be open to the public and shall be in a place accessible to people with disabilities. Section 4: Quorum. Three (3) members of the Board shall constitute a quorum. Section 5: Applicant Representation. The applicant may, at the time of the public hearing, appear on their own behalf and be represented by agent and/or counsel. The applicant or their representative may present oral argument and testimony; witnesses, including experts; and may submit written evidence and exhibits in the form of statements, photos, charts, or other relevant evidence. In the absence of the applicant or their representative(s), the Board may proceed to act on the matter based on the information provided. Section 6: Briefs. The Board may request written briefs for legal argument. Applicants may submit written briefs if they so choose. Section 7: Conduct of Hearing. Order and decorum shall be maintained at the hearing by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of evidence wherever possible. The Chair may swear witnesses and direct order of testimony. The Chair shall avoid testimony that is overly redundant. The Chair may provide for recesses during the deliberation, as appropriate. Any Board member who has a legal conflict of interest shall recuse him/ herself from the decision-making process. A member who has a legal conflict of interest or otherwise elects to recuse him/herself due to a perceived conflict of interest shall state the reason for recusal prior to discussion of the matter under consideration and may choose to leave the meeting room for the duration of the proceedings for that application. Section 8: Hearing Order for Special Exceptions and Variances. The order of hearing for special exception or variance requests shall be as follows: 1. Staff presentation of the facts of the case and recommendation to the board. 2. Statement by proponents of the application. 3. Statement by opponents of the application. 4. Rebuttal by proponents and then by opponents. 5. General discussion by the Board. The Board may request additional comments from the oarticioants. Section 9: Hearing Order for Appeals. The order of hearing for appeals of an administrative decision shall be as follows: El 1. Brief introduction by the Secretary of the Board setting forth the administrative decision on appeal and appellant's grounds for the appeal. appealed. 4. Statement by proponents of the appeal. 5. Statement by opponents of the appeal. 6. Rebuttal by proponents and then by opponents. 7. General discussion by the Board. The Board may request additional comments from the participants. Section 109: Board Deliberation. After all parties have been heard, the public hearing will be declared closed so that the Board may deliberate the case. The Board must state findings of fact and conclusions of law. These facts and legal conclusions must be set forth in writing as required by Iowa Waw. The Board may request additional comments frem the An application may be deferred or withdrawn at the request of the applicant at any time before a decision is made by the Board. Section 101: Board Motions. Motions may be made and seconded by any member of the Board. Motions are always made in the affirmative, approving the requested action. Section 124: Board Voting. After a motion and discussion, the Board shall be polled for votes. A board member may abstain from voting, which is a non -vote. The concurring vote of three (3) members of the Board shall be required to uphold an appeal, to decide in favor of a special exception, or to grant a variance. Voting on Board decisions will be by roll call and will be recorded by yeas and nays. Proxy votes are not allowed. Section 132: Legal Advisor. The City Attorney or a designated representative shall act as legal counsel to the Board. Section 143: Conduct of Meetings. Except as otherwise provided herein, Robert's Rules of Order Newly Revised shall be used to conduct Board hearings and meetings. ARTICLE VII. RECORDS: Section 1: Record of Hearings. Audio recordings shall be made for all hearings and such recordings shall be kept for a period of no less than six (6) weeks. Minutes shall be produced from such recordings; and forwarded to the City Council after approval by the Board or the Secretary of the Board. All minutes shall be maintained by the Secretary of the Board, and shall also be on file at the City Clerk's Ooffice. The applicant may request a court reporter at the applicant's own expense. Section 2: Case Files. The Secretary of the Board shall keep a file of all cases, including forms and additional information. Said file shall be a public record and available for public inspection during business hours. Copies may be made available upon request, at cost. Section 3: Transcript. Upon request, a transcript or the audio recording of the Board's deliberation will be made, at cost to the requester. In the case of an appeal to district court there is no charge for the transcript. ARTICLE VIII. DECISIONS: Section 1: Timing. Whenever possible, decisions by the Board shall be made at the same hearing wherein the testimony and presentation of evidence are considered. Section 2: Format. Formal decisions shall be made in writing, setting forth findings of fact and conclusions of law as required by Iowa law. Section 3: Filing. Each decision shall be filed with the City Clerk within a reasonable time after the Board hearing, and shall be stamped by the Clerk to indicate the date and time of filing. The Clerk will forward the decision to the Johnson County Recorder's Office; for recording at the Csity's expense. Section 4: Copies. A copy of said decision shall be forwarded by the Secretary of the Board to the applicant, the Building 4nspecterOfficial, the City Attorney's Office, and any Attorney of Record within a reasonable time after filing with the City Clerk. Section 5: Reconsideration. Upon written request, the Board may reconsider a decision on a special exception or variance application. A request for reconsideration must be made within ten -fifteen (195) ;Tcalendar days of the meeting at which a vote on the application was originally taken and shall articulate and be based on evidence that was not presented or was unavailable at the time of the original hearing. A motion to reconsider must be made at the subsequent meeting by a member of the Board who voted on the prevailing side. If a motion to reconsider is approved, the application will be placed on the agenda of the next meeting in order to satisfy the requirement for public notice and hearing. No decision may be reconsidered more than once. Appeals to the Board may not be reconsidered. ARTICLE IX. AMENDMENTS TO THE PROCECURAL RULES. Section 1: Amendment. A concurring vote of three (3) of the members of the Board shall be necessary to amend these procedural rules. Such proposed amendments shall be presented in writing at any regular meeting or at any special meeting called for that purpose. Amendments shall go into effect upon approval by the City Council. (Adopted Reso. No. 24- 1 275) CITY COUNCIL RULES COMMITTEE MEETING MINUTES February 6, 2024 City Manager's Conference Room 2:03 PM Committee Members Present: Mayor Pro Tem Salih, Councilor Dunn Staff Members Present: City Attorney Goers, City Clerk Grace, Associate Planner Lehmann Review by-law changes: Board of Adjustment Board of Adjustment By -Laws City Attorney Goers asked the Rules Committee members if they would like Associate Planner Lehmann to present the proposed bylaw changes. The members agreed and Lehmann summarized the proposed bylaws changes for the Board of Adjustment. Associate Planner Lehmann noted that there are two sets of proposed changes. The fust is the order of the appeals process. Currently the appeal process has the same process as regular case work where staff presents first and then the applicant. The proposal creates two separate processes, one for regular case work such as special exceptions and variances and a separate process for appeals. The proposed process for appeals is to have the applicant who is appealing the decision present fust and then the staff who made the decision present after. Lehmann explained the second proposed change is how the bylaws use days in terms of appeals, timelines and publication of notices. Currently some are business days and some are calendar days. The proposal changes the minimum notice requirements to calendar days rather than business days. In addition, other references to business days were changed to calendar days for consistency, and the number of days adjusted so as not to substantially change intended timeframes. Rules Committee member Salih voiced concern regarding Article V Sections 1, 2, and 3 as the number of days remained as seven when switch from business days to calendar days and asked for clarification as to why those were not also changed. Lehmann stated that the seven days referenced in Article V is what you would find in the Good Neighbor Policy and is also applied for the Planning & Zoning Commission cases and similar cases and were trying to keep consistency with all timelines to reduce administrative errors. The Board of Adjustment was asked if they wanted to change the seven calendar days to ten and they did not think it was necessary. Rules Committee members Salih and Dunn noted that seven calendar days was not enough and if the postal service was running behind the notice may not be received soon enough. Dunn confirmed the role of the Rules Committee with City Attorney Goers. Committee members Salih and Dunn expressed their interest in changing the number of calendar days in Article V, Sections 1, 2, and 3 from seven to ten days. Dunn asked what the process was going forward, City Attorney Goers provided information. Motion by Sailih, seconded by Dunn to accept the by-laws as amended changing the number of calendar days in Article V, Sections 1, 2, and 3 from seven to ten days. Motion passed, 2-0. Meeting adjourned 2:15 PM Prepared by: Susan Dulek, First Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 Resolution No. 24-38 Resolution adopting the procedural rules of the Board of Adjustment and rescinding Resolution No. 21-275. Whereas, the Board of Adjustment approved amending its procedural rules (i.e., bylaws) to base notice requirements on the number of calendar days rather than business days and to modify the order of proceedings in appeals; and Whereas, the procedural rules provide that they are not effective until approved by the City Council; and Whereas, the Council Rules Committee has reviewed the proposed amendment to the procedural rules and has recommended adoption; and Whereas, the current procedural rules were approved in Resolution No. 21-275. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The attached Procedural Rules of the Board of Adjustment are approved and adopted by the City Council. 2. Resolution No. 21-275 is rescinded. Passed and approved this 20th day of February, 2024. 'F, . . "eA' Ma o I ) J. Attest: t� City Clerk Approved By:/ G City Attorneys Office - 02/15/2024 It was moved by Sal ih and seconded by Alter the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Dunn x Harmsen x Moe x Salih x Teague PROCEDURAL RULES Iowa City Board of Adjustment ARTICLE I. AUTHORITY: The Iowa City Board of Adjustment shall have that authority which is conferred by Chapter 414 of the Code of Iowa; City Code Title 14, Chapter 7, entitled "Administration," Article A, entitled "Board of Adjustment," and through the adoption of these procedural rules stated herein. ARTICLE II. MEMBERSHIP: Section 1: Qualifications. The Board of Adjustment shall consist of five (5) members appointed by the City Council. All members of the Board shall be residents of Iowa City, Iowa. A majority of the members of the Board shall be persons representing the public at large and shall not be involved in the business of purchasing or selling real estate. Section 2: Compensation. Members shall serve without compensation but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager. Section 3: Orientation for New Members. Prior to the first regular meeting following their appointment, each new member shall be given an orientation briefing by City staff and be provided with the Board's procedural rules and other information that may be useful to Board members in carrying out their duties. The City Zoning Code and the Comprehensive Plan are available online. Section 4: Absences. Three (3) consecutive unexplained absences of a Board member from regular Board meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Members shall be removable for cause by the City Council upon written charges after a public hearing. Section 5: Vacancies. Any vacancy on the Board because of death, resignation, long- term illness, disqualification, or removal shall be filled for the unexpired term by the City Council after at least thirty (30) calendar days of public notice of the vacancy. Section 6: Terms. Members shall be appointed for terms of five (5) years. No members shall be appointed to succeed themselves. However, a member appointed to fill an unexpired term with one (1) year or less remaining may also be appointed concurrently for one full five (5) year term. Section 7: Resignations. Resignation should be submitted in writing to the Board Secretary, who will transmit the resignation to the City Council with copies to the City Manager, the Director of Neighborhood and Development Services, and the Board Chairperson, preferably at least sixty (60) days prior to the date of intended departure. Section 8: Temporary Alternate..An alternate member, if available, shall be appointed as provided herein, to replace a member who is unable to participate in an appeal of an administrative decision due to a conflict of interest. Any person who has served as a member of the Board within the five (5) years preceding the filing of the appeal, and who represents the public at large and is not involved in the business of purchasing or selling real estate, shall be qualified to serve as an alternate. When a member has recused himself/herself due to a conflict and the date of hearing before the Board has been set, the Secretary of the Board shall notify all such persons and the first to agree to serve as the alternate is hereby appointed to do so. ARTICLE Ill. OFFICERS: Section 1: Number. The officers of the Board shall be a Chairperson and a Vice - Chairperson, each of whom shall be elected by a majority vote of the members of the Board. The Board Secretary shall be a staff person, who is appointed by the Director of Neighborhood and Development Services. Section 2: Election and Term of Office. The Chairperson and Vice -Chairperson shall be elected annually at the first regular meeting of the Board each year. Section 3: Vacancies. A vacancy in the office of Chairperson or Vice -Chairperson because of death, resignation, removal, disqualification, or other cause shall be filled by election from the members of the Board for the unexpired portion of the term. Section 4: Chairperson. The Chairperson shall, when present, preside at all meetings, call special meetings, and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Such Chairperson may administer oaths and compel the attendance of witnesses. Section 5: Vice -Chairperson. When the Chairperson is absent, abstaining, or recusing, the Vice- Chairperson shall perform the duties of the Chairperson and shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6: Acting Chairperson. In the absence and/or due to the abstention or recusal of both the Chairperson and Vice -Chairperson, the remaining three (3) Board members may elect a member to serve as Acting Chairperson. The Acting Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 7: Secretary. The appointed staff person, who serves as the Board's Secretary, shall be responsible for maintaining the office of the Board, receiving and filing Board decisions and orders, posting and publishing notices as required by law, and for maintaining minutes and other records of the Board's proceedings. ARTICLE IV. APPLICATIONS: Section 1: Application Forms. Any application for a request or appeal to the Board of Adjustment shall be filed with the City Clerk on forms provided by the Secretary of the Board. The Secretary's office is located in the Department of Neighborhood and Development Services. Forms are available in the Office of the City Clerk and on the City's website. In the appropriate cases, the Building Official shall transmit to the Secretary all documents constituting a record, upon which the Board shall act. Section 2: Application Submittal. Appeals to the Board shall be filed with the City Clerk within a reasonable time period, not to exceed thirty (30) calendar days after the action appealed from, and shall specify the grounds for such appeal. An appeal from a decision by the Building Official to issue a building permit shall not be deemed to have been filed within a reasonable time if such appeal is filed more than fifteen (15) calendar days after construction work pursuant to such permit is observable from adjacent properties or the public right-of-way or fifteen (15) calendar days after an alleged violation of the zoning code is similarly observable. Applicants may appeal an approval or a denial of a Certificate of Appropriateness from the Historic Preservation Commission within a conservation district by filing a letter with the City Clerk within fifteen (15) calendar days after a Resolution of Denial is filed by the Commission. Section 3: Application Filing Fee. The applicant shall complete the required forms, provide all information requested on the form, and provide any additional information as requested by the Secretary of the Board. A filing fee shall be paid upon presentation of the application. Application fees are established by resolution of the City Council. Section 4: Party of Interest. Requests for a variance or special exception must be filed on behalf of the real party in interest, such as the owner or contract purchaser. Section 5: Case Number. An application filed according to the above procedure shall be given a case number within seven (7) calendar days of the filing date. Case numbers will be assigned according to the order in which applications are received. ARTICLE V. NOTICE: Section 1: Notice Letters. No less than ten (10) calendar days prior to the public hearing, the Secretary of the Board shall send notice by mail to all property owners of record and to all non -duplicative individual occupants (when available on the City Assessor's website), within 500 feet of the subject property. Such notice shall include a description of the action requested along with the time and location of the meeting. The applicant shall be formally notified of the time and place of the hearing, in writing, by the Secretary of the Board. Section 2: Newspaper Notice. Notice of the time and place of public hearings shall be published in a newspaper of general circulation not more than twenty (20) calendar day nor less than ten (10) calendar days prior to the hearing. It shall contain the street address or location of the property and a brief description of the nature of the application or appeal. Section 3: Notice Sign. No less than ten (10) calendar days prior to the public hearing, the Applicant shall post a sign on or near the property upon which the application is being made and shall remove the sign immediately following the public hearing on the application. The sign will be provided to the applicant(s) by the Board Secretary. ARTICLE VI. HEARING: Section 1: Regular Hearings. Hearings will be held as needed at a regular time and place to be set by the members of the Board. Section 2: Special Hearings. Special hearings or meetings of the Board may be called by the Chairperson and shall be called by the Chairperson or Vice -Chairperson at the request of three (3) or more members of the Board. Section 3: Place of Hearings. All hearings and meetings of the Board shall be open to the public and shall be in a place accessible to people with disabilities. Section 4: Quorum. Three (3) members of the Board shall constitute a quorum. Section 5: Applicant Representation. The applicant may, at the time of the public hearing, appear on their own behalf and be represented by agent and/or counsel. The applicant or their representative may present oral argument and testimony; witnesses, including experts; and may submit written evidence and exhibits in the form of statements, photos, charts, or other relevant evidence. In the absence of the applicant or their representative(s), the Board may proceed to act on the matter based on the information provided. Section 6: Briefs. The Board may request written briefs for legal argument. Applicants may submit written briefs if they so choose. Section 7: Conduct of Hearing. Order and decorum shall be maintained at the hearing by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of evidence wherever possible. The Chair may swear witnesses and direct order of testimony. The Chair shall avoid testimony that is overly redundant. The Chair may provide for recesses during the deliberation, as appropriate. Any Board member who has a legal conflict of interest shall recuse him/ herself from the decision-making process. A member who has a legal conflict of interest or otherwise elects to recuse him/herself due to a perceived conflict of interest shall state the reason for recusal prior to discussion of the matter under consideration and may choose to leave the meeting room for the duration of the proceedings for that application. Section 8: Hearing Order for Special Exceptions and Variances. The order of hearing for special exception or variance requests shall be as follows: 1. Staff presentation of the facts of the case and recommendation to the board. 2. Statement by proponents of the application. 3. Statement by opponents of the application. 4. Rebuttal by proponents and then by opponents. 5. General discussion by the Board. The Board may request additional comments from the participants. Section 9: Hearing Order for Appeals. The order of hearing for appeals of an administrative decision shall be as follows: 1. Brief introduction by the Secretary of the Board setting forth the administrative decision on appeal and appellant's grounds for the appeal. 2. Appellant presentation on the rationale for the appeal. 4 3. Staff presentation on the rationale for the administrative decision being appealed. 4. Statement by proponents of the appeal. 5. Statement by opponents of the appeal. 6. Rebuttal by proponents and then by opponents. 7. General discussion by the Board. The Board may request additional comments from the participants. Section 10: Board Deliberation. After all parties have been heard, the public hearing will be declared closed so that the Board may deliberate the case. The Board must state findings of fact and conclusions of law. These facts and legal conclusions must be set forth in writing as required by Iowa law. An application may be deferred or withdrawn at the request of the applicant at any time before a decision is made by the Board. Section 11: Board Motions. Motions may be made and seconded by any member of the Board. Motions are always made in the affirmative, approving the requested action. Section 12: Board Voting. After a motion and discussion, the Board shall be polled for votes. A board member may abstain from voting, which is a non -vote. The concurring vote of three (3) members of the Board shall be required to uphold an appeal, to decide in favor of a special exception, or to grant a variance. Voting on Board decisions will be by roll call and will be recorded by yeas and nays. Proxy votes are not allowed. Section 13: Legal Advisor. The City Attorney or a designated representative shall act as legal counsel to the Board. Section 14: Conduct of Meetings. Except as otherwise provided herein, Robert's Rules of Order Newly Revised shall be used to conduct Board hearings and meetings. ARTICLE VII. RECORDS: Section 1: Record of Hearings. Audio recordings shall be made for all hearings and such recordings shall be kept for a period of no less than six (6) weeks. Minutes shall be produced from such recordings and forwarded to the City Council after approval by the Board or the Secretary of the Board. All minutes shall be maintained by the Secretary of the Board and shall also be on file at the City Clerk's Office. The applicant may request a court reporter at the applicant's own expense. Section 2: Case Files. The Secretary of the Board shall keep a file of all cases, including forms and additional information. Said file shall be a public record and available for public inspection during business hours. Copies may be made available upon request, at cost. Section 3: Transcript. Upon request, a transcript or the audio recording of the Board's deliberation will be made, at cost to the requester. In the case of an appeal to district court there is no charge for the transcript. ARTICLE VIII. DECISIONS: Section 1: Timing. Whenever possible, decisions by the Board shall be made at the same hearing wherein the testimony and presentation of evidence are considered. Section 2: Format. Formal decisions shall be made in writing, setting forth findings of fact and conclusions of law as required by Iowa law. Section 3: Filing. Each decision shall be filed with the City Clerk within a reasonable time after the Board hearing, and shall be stamped by the Clerk to indicate the date and time of filing. The Clerk will forward the decision to the Johnson County Recorder's Office for recording at the City's expense. Section 4: Contact. A copy of said decision shall. be forwarded by the Secretary of the Board to the applicant, the Building Official, the City Attorney's Office, and any Attorney of Record within a reasonable time after filing with the City Clerk. Section 5: Reconsideration. Upon written request, the Board may reconsider a decision on a special exception or variance application. A request for reconsideration must be made within fifteen (15) calendar days of the meeting at which a vote on the application was originally taken and shall articulate and be based on evidence that was not presented or was unavailable at the time of the original hearing. A motion to reconsider must be made at the subsequent meeting by a member of the Board who voted on the prevailing side. If a motion to reconsider is approved, the application will be placed on the agenda of the next meeting in order to satisfy the requirement for public notice and hearing. No decision may be reconsidered more than once. Appeals to the Board may not be reconsidered. ARTICLE IX. AMENDMENTS TO THE PROCECURAL RULES. Section 1: Amendment. A concurring vote of three (3) of the members of the Board shall be necessary to amend these procedural rules. Such proposed amendments shall be presented in writing at any regular meeting or at any special meeting called for that purpose. Amendments shall go into effect upon approval by the City Council. (Adopted Reso. No. 24-3R ) Item Number: 7.d. CITY OF IOWA CITY COUNCIL ACTION REPORT February 20, 2024 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Strand Associates, Inc. of Madison, Wisconsin to provide engineering consultant services for the Water Plant High Service Pump Variable Frequency Drive (VFD) Replacements Project. Prepared By: Marri Van Dyke Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: $92,000 available in the Water Plant High Service Pump VFD Replacements Project, Account Number W3314 Staff Recommendation: Approval Attachments: Resolution Consultant Agreement Executive Summary: This agenda item approves the consultant agreement with Strand Associates, Inc. of Madison, Wisconsin for services related to the Water Plant High Service Pump Variable Frequency Drive (VFD) Replacements Project. This project includes replacement of the four VFDs servicing the Water Treatment Plant's high service pumps. Background /Analysis: The VFDs servicing the Water Treatment Plant's high service pumps have been in operation for approximately 20 years, which is the typical life span for VFDs. The VFDs have begun to show signs of deterioration with the loss of communications due to worn electronic components. The new supervisory control and data acquisition (SCADA) system was modified to accommodate the out-moded communications protocols utilized by these drives. Continued and more frequent repair activities are anticipated as these drives reach the end of their useful life. Prepared by: Marri VanDyke, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5044 Resolution No. 24-39 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Strand Associates, Inc. of Madison, Wisconsin to provide engineering consultant services for the Water Plant High Service Pump Variable Frequency Drive (VFD) Replacements Project. Whereas, the City of Iowa City desires to replace the four VFDs servicing the Water Treatment Plant's high service pumps; and Whereas, the VFDs have begun to show signs of deterioration and are nearing the end of their useful life; and Whereas, the City of Iowa City desires the services of a consulting firm to prepare preliminary and final design for construction of the Water Plant High Service Pump Variable Frequency Drive (VFD) Replacements Project; and Whereas, the City issued a Request for Qualifications, On Call Professional Design and Engineering Services (2023-2025), October 12, 2022, to private consulting firms interested in providing design and engineering services related to public improvement projects in the City of Iowa City; and Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with Strand Associates, Inc. of Madison, Wisconsin, to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with Strand Associates, Inc. of Madison, Wisconsin; and Whereas, funds for this project are available in the Water Plant High Servicer Pump VFD Replacements Project, account #W3314. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Consultant Agreement 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 Consultant Agreement. 3. The City Manager is authorized to execute amendments to the Consultant Agreement as they may become necessary. Passed and approved this 20th day of February , 2024 Ma r Resolution No. 24-39 Page 2 Attest: City Clerk Approved by City Attorne s ffice (Liz Craig — 02/16/2024) It was moved by sa i ; h and seconded by Al r the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Consultant Agreement This Agreement, made and entered into this 20th day of February 2024 , by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the City and Strand Associates, Inca, of Madison, Wisconsin, hereinafter referred to as the Consultant. Whereas, the City desires to obtain the services of a qualified consulting firm to provide preliminary design, final design, preparation of a project manual for bidding, bidding assistance, and constructions services for the Water Plant High Service Pump Variable Frequency Drive (VFD) Replacements Project, and Whereas, the City desires to replace the four VFDs servicing the Water Treatment Plant's high senjice pumps; and Whereas, the VFDs have begun to show signs of deterioration and are nearing the end of their useful life; and Whereas, the City issued a Request for Qualifications, On -Call Professional Design and Engineering Services (2023-2025), October 12, 2022, to private consulting firms interested in providing design and engineering services related to public improvement projects in the City of Iowa City; and Whereas, submittals were received from consulting firms and evaluated by a selection committee; and Whereas, Consultant was selected based on qualifications, key personnel, project approach, and fees and rates: and Whereas, funds are available in the Water Plant High Service Pump VFD Replacements Project, Account Number W3314. Now Therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. Scope of Services Consultant agrees to perform the following services for the City; and to do so in a tirnely and satisfactory manner. Preliminary Evaluation and Design Services Attend a kickoff meeting with the City at the Water Treatment Plant to discuss project objectives, schedule, and gather information necessary to inform project design. 2. Prepare technical specifications and drawings for removing the four existing high -service pump VFDs and installing four new VFDs. This includes integrating new inputsloutputs and control sequences for the VFDs into the plant's existing supervisory control and data acquisition (SCADA) systern and modifications to the high -service pump room's ventilation and cooling systems needed to increase capacity for the new heat loading within the room. 3. Prepare a prebid opinion of probable construction costs (OPCC) for the project at the 30 percent design stage and update the OPCC at the 60 and 90 percent design stages. -2 - Host three design review videoconferences with the City at 30, 60, and 90 percent design (three design review videoconferences total) via MS Teams or Zoom. Submit portable document format (PDF) copies of the OPCC and relevant review documents one week prior to the 30 percent review videoconference and provide PDF copies of the specifications, drawings, and updated OPCC to the City for review one week prior to the 60 and 90 percent review videoconferences. Host a final design review videoconference with the City one week prior to providing final Bidding Documents to the City. Prepare and provide final Bidding Documents using City -provided front-end documents, and Consultant -provided technical specifications and drawings. Provide the City with up to two hard copies of the final stamped drawings and specifications for its use. Bidding -Related Services Prepare addenda, as necessary, and answer questions during bidding. 2. Assist the City in the award of the Construction Contract, including a bid evaluation letter, Construction -Related Services Provide contract administration services, including attendance at an on-site preconstruction conference, review of contractor's shop drawing submittals, review of contractor's periodic pay requests, and responding to questions from the contractor and the City. Review requests for information from the contractor and respond as necessary. Develop contractor requests for quotation for the City, if necessary. 3. Participate in up to four construction progress meetings via MS Teams or Zoom videoconference and participate in one on-site construction progress meeting, G. Assist the City with part-time observation of construction. A total of three site visits are included. One site visit will be made following the contractor's request for substantial completion to review construction progress and develop a list of items to be completed or corrected by the contractor. One site visit will be made to participate in contractor -led site acceptance testing for new SCADA system controls and monitoring associated with the new VFDs and to witness functionality of new HVAC equipment and controls. A final site visit will be made to review that the substantial completion list has been addressed. In furnishing observation services, the Consultant's efforts will be directed toward determining for the City that the completed project will, in general, conform to the Contract Documents; but the Consultant will not supervise, direct, or have control over the contractor's work and will not be responsible for the contractor's construction means, methods, techniques, sequences, procedures, or health and safety precautions or programs, or for the contractor's failure to perform the construction work in accordance with the Contract Documents. Provide record drawings in electronic format based on information compiled from the contractor's records. The Consultant will provide drafting Services only for record drawings based on any construction contract changes and the records presented to the Consultant by the contractor and the City. The Consultant will not be liable for the accuracy of the record drawing information provided by the contractor and the City. -3— Time of Completion The project shall be performed by the Consultant in accordance with a tentative schedule mutually developed by the City and the Consultant. The milestone schedule shall generally be as follows and could be modified as the project progresses. Milestone/Task Kickoff Meeting 30 Percent Design Review Documents to City 30 Percent Design Review Videoconference 60 Percent Design Review Documents to City 60 Percent Design Review Videoconference 90 Percent Design Review Documents to City 90 Percent Design Review Videoconference Final Design Documents to City Advertise Bid Opening Award Contract Contract Execution Completed Preconstruction Meeting Substantial Completion of Construction Site Acceptance Testing Final Completion of Construction III. Compensation for Services Completion (week of) February 19, 2024 March 4, 2024 March 11, 2024 May 6, 2024 May 13, 2024 July 15, 2024 July 22, 2024 August 26, 2024 September 18, 2024 October 8; 2024 October 15, 2024 November 1, 2024 November 4, 2024 November 10, 2025 December 8, 2025 February 2026 Compensation shall be based on the following rates for primary team members. The total cost of services shall not exceed $92 000. Primary Team Member Area of Responsibility _ Hourly Billing Rates David D. Gohdes Project Manager $215 Shane P. Zenz, P.E. Electrical Quality Control Engineer $323 Adam D. Gander, P.E. Mechanical Quality Control Engineer $210 IV. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all services performed up to the time of termination. However, such sums shall not be greater than the ''not -to -exceed" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto. provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the services set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. Meetings in addition to those provided in I. Scope of Services shall be considered additional services. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts. computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event. the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional as required by Iowa lave. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City, upon notification to Consultant, to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be round invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City, The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. Indemnification To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including reasonable attorney's fees; and for any darnages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use -5— thereof, caused by Consultant's negligent acts, errors or omissions in performing the services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability. claims, damages, losses, or expenses, including attorney fees; to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term ''Consultant" means and includes the Consultant, its officers, agents, employees, sub -consultants, and others for whom Consultant is legally liable, and the term "City" means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees. P. Insurance The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect; and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein; or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non -renewal or cancellation notice. Q. Standard of Care The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances. The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. Ma 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by; the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. FOR THE CITY CITY OF IOWA CITY By; 7 20_� Title: Mayor FOR THE CONSULTANT STRAND ASSOCIATES, INC." 4A�oaseph Title: Corporate Secreta Date: 2/20/2024 Date: ZA/X4 ATTEST: _ �y ATTEST:`r,S��I Approved by: City Atto ey's Offi Date: U' Item Number: 7.e. CITY OF IOWA CITY COUNCIL ACTION REPORT February 20, 2024 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the 2023 Sanitary Sewer Repairs Project. Prepared By: Joe Welter - Senior Engineer Reviewed By: Jason Havel - City Engineer Bondurant, Iowa Ron Knoche - Public Works Director West Branch, Iowa Geoff Fruin - City Manager Fiscal Impact: $284,441.71 available in the Annual Sewer Main Cedar Rapids, Iowa Replacement, Account Number V3101 Staff Recommendation: Approval Attachments: 2023 Sanitary Sewer Repairs - Resolution.docx Executive Summary: This item awards the contract for construction of the 2023 Sanitary Sewer Repairs Project. The engineer's estimated cost for construction of the project is $313,000. Ten bids were submitted prior to the February 8, 2024 deadline: Bidder Name J Q Construction, LLC Mainline Construction, Inc. Lynch's Excavating, Inc. Hagerty Earthworks, LLC B.G. Brecke, Inc. Dave Schmitt Construction Co., Inc. Maxwell Construction, Inc. Tschiggfrie Excavating Co. Boomerang Corp. Concise Earth Construction, Inc. City Bid Washburn, Iowa $284,441.71 Bondurant, Iowa $292,038.28 West Branch, Iowa $359,816.00 Muscatine, Iowa $377,600.00 Cedar Rapids, Iowa $401,211.00 Cedar Rapids, Iowa $401,297.20 Iowa City, Iowa $570,741.00 Dubuque, Iowa $575,836.20 Anamosa, Iowa $658,123.00 Iowa City, Iowa Non-responsive J Q Construction, LLC of Washburn, Iowa submitted the lowest responsive, responsible bid. Staff recommends awarding the Contract for the 2023 Sanitary Sewer Repairs Project to J Q Construction, LLC of Washburn, Iowa. Background /Analysis: Regularly, the City has a project to remove, replace, and repair sanitary sewer manholes and pipes through spot repairs. This is one of the components of the City's annual sanitary sewer maintenance, repair, and replacement program. This project includes spot repairs of 8, 12, 24, or 30 -inch sanitary sewers at ten different locations within right-of-way. Repairs include removal and replacement of approximately 75 linear feet of sanitary sewer and eight manholes plus removal and restoration of impacted streets, driveways, sidewalks, and grass areas and other associated work. Locations for repair include Clark Street, Dearborn Street, Highland Avenue, Muscatine Avenue, Norwood Circle, Rundell Street, Second Avenue, Spruce Street, and Washington Street. Prepared by Joe Welter, Engineering Division, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No. 24-40 Resolution awarding contract and authorizing the Mayo_ r to sign and the City Clerk to attest a contract for construction of the 2023 Sanitary Sewer Repairs Project Whereas, J Q Construction, LLC of Washburn, Iowa has submitted the lowest responsive, responsible bid of $284,441.71 for construction of the above-named project; and Whereas, funds for this project are available in the Annual Sewer Main Replacement, Account Number V3101. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The contract for the construction of the above-named project is hereby awarded to J Q Construction, LLC of Washburn, Iowa, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above-named project. Passed and approved this 20th day of February 20 24 l M 1) Approved by Attest City derk City Attorn y's Office (Liz Craig — 02/14/2024) It was moved by salih and seconded by Alter the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus Dunn Harmsen Moe Salih Teague -i, e" Item Number: 7.f. CITY OF IOWA CITY COUNCIL ACTION REPORT February 20, 2024 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the 2024 Parking Garage Maintenance and Repairs Project. Prepared By: Joe Welter - Senior Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: $369,435 available in the Parking Facility Restoration Repair— Account Number T3004 Staff Recommendation: Approval Attachments: Resolution Executive Summary: This item awards the contract for construction of the 2024 Parking Garage Maintenance and Repairs Project. The engineer's estimated cost for construction of the project with the alternate is $366,000. Four bids were submitted prior to the February 8, 2024 deadline: Bidder Name City Bid Fisher Building Services, Inc. Omaha, Nebraska $369,435.00 Western Specialty Contractors West Des Moines, Iowa $394,714.00 MTS Contracting, Inc. Ankeny, Iowa $483,343.80 Restoration Systems, Inc. Chaska, Minnesota Non-responsive Fisher Building Services, Inc. of Omaha, Nebraska submitted the lowest responsive, responsible bid. Staff recommends awarding the Contract for the 2023 Sanitary Sewer Repairs Project to Fisher Building Services, Inc. of Omaha, Nebraska. Background /Analysis: This annual project addresses maintenance, rehabilitation, and repairs on the City's six parking garage structures — Capitol Street, Chauncey Swan, Court Street Transportation Center, Dubuque Street, and Tower Place Parking Ramps. The items within this year's annual project were either identified and programmed within the City's Five -Year Condition Review and Proposed Repair and Maintenance Master Plan, June 2020, or have manifested themselves in the past year. This year's project focuses on structural repairs at the Capitol Street Ramp, including: sealant replacement, concrete repairs, fiber -reinforced plastic (FRP) wrap, weld tie repairs, painting, membrane replacement, steel stair improvements, and other miscellaneous repairs. Prepared by Joe Welter, Engineering Division, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No. 24-41 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the 2024 Parking Garage Maintenance and Repairs Project Whereas, Fisher Building Services, Inc. of Omaha, Nebraska has submitted the lowest responsive, responsible bid of $369,435.00 for construction of the above-named project; and Whereas, funds for this project are available in the Parking Facility Restoration Repair, Account Number T3004. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The contract for the construction of the above-named project is hereby awarded to Fisher Building Services, Inc. of Omaha, Nebraska, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above-named project. Passed and approved this 20th day of February , 20 24 i yo ') Approved by/ Attest City Clerk City Attorn 's Office (Liz Craig - 02/14/2024) It was moved by Salih adopted, and upon roll call there were: Ayes: X X X X X X X and seconded by Nays: Alter Absent: Alter Bergus Dunn Harmsen Moe Salih Teague the Resolution be AILI stn wrM1% City Council Supplemental Meeting Packet CITY OF IOWA CITY February 20, 2024 Information submitted between distribution of packet on Thursday and 4:00pm on Monday. Late 7.g. Resolution of support for the Domestic Violence Intervention Program's State HOME ARP application and commitment to provide local match funds to acquire land for up to six attached single-family homes. Comment: This item supports the Domestic Violence Intervention Program's application to the State of Iowa for HOME ARP funding. The support includes $270,000 in funds to acquire property for the construction of up to six attached single-family homes for those fleeing domestic violence. Staff have entered into a purchase agreement to sell a City -owned Lot 10, Lindemann Subdivision -Part Eight subject to City Council approval. Late Handout(s): 11.a. Appeal of Historic Preservation Commission Decision - See correspondence from Beth Gehring, Reid Dempsey February 20, 2024 City of Iowa City Item Number: 7.g. CITY OF IOWA CITY COUNCIL ACTION REPORT February 20, 2024 Resolution of support for the Domestic Violence Intervention Program's State HOME ARP application and commitment to provide local match funds to acquire land for up to six attached single family homes. Prepared By: Tracy Hightshoe, Neighborhood & Development Services Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: This agenda item would authorize expenditure of $270,000 from the City's Affordable Housing Fund. Staff Recommendation: Approval Commission Recommendations: NA Attachments: Resolution Executive Summary: This item supports the Domestic Violence Intervention Program's (DVIP) application to the State of Iowa for HOME ARP funding. The support includes a $270,000 commitment to acquire land for the construction of up to six units of rental housing for those fleeing domestic violence. Background /Analysis: In 2018 the City purchased Lot 10 of the Lindemann Subdivision, Part Eight with funds from the Affordable Housing Fund's former set-aside for land banking. The lot was purchased for a future affordable housing opportunity. The City had entered a purchase agreement with Better Together for a 3D Printing Pilot project, but that project did not procced and the purchase offer has expired. This winter, the Iowa Finance Authority announced the availability of American Rescue Plan (ARP) fund to reduce homelessness and increase housing stability. The State HOME ARP program is accepting applications for the construction of rental units with supportive services to serve individuals experiencing homelessness, individuals at risk of homelessness, persons fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking or human trafficking, or other populations for which providing supportive services or assistance would prevent homelessness or would serve those at greatest risk of housing instability. Applicants may apply for up to $5 million dollars for rental housing development and up to $900,000 ($150,000 per year for six years) in supportive services to qualified rental projects. To be eligible, projects must secure a 25% match funded by an outside source. City staff met with DVIP staff to determine their interest in this program and acquiring the City's lot for said program. DVIP provides services to one of IFA's qualifying populations and administers programs that place their clients into rental housing in the community. Additionally, based on the City's HOME ARP funds, DVIP's preference criteria to serve those fleeing domestic violence has been approved by HUD. The grant is contingent upon a State HOME ARP award that is sufficient to allow the project to proceed. The City's funds for land acquisition contributes to the local match. DVIP has applied for City HOME funds for the remaining match and will apply for State HOME funds and/or Housing Trust Funds of Johnson County to secure any remaining funds necessary. Staff has entered a purchase agreement for this lot subject to City Council approval. This project supports the City Council's strategic plan which emphasizes partnerships and calls for staff to pursue more permanent affordable housing options for those most in need. Prepared by: Tracy Hightshoe, NDS Director, 410 E. Washington Street, Iowa City, IA 52240 (319)356.5230 Resolution No. 24-42 Resolution of support for the Domestic Violence Intervention Program's State HOME ARP application and commitment to provide local match funds to land for up to six attached single family homes. Whereas, the City is committed to expanding affordable housing opportunities; and Whereas, the Affordable Housing Opportunity Fund is available for any housing opportunity that becomes available that supports the City's housing goals and is approved by City Council; and Whereas, the Domestic Violence Intervention Program (DVIP) has requested $270,000 to acquire land for the construction of up to six rental housing units for permanent supportive housing for those fleeing domestic violence if awarded State HOME ARP funds; and Whereas, DVIP will apply to the Iowa Finance Authority for State HOME ARP funds for the construction of up to six attached single family homes by the March 5, 2024 deadline; and Whereas, the State HOME ARP program requires a 25% local match of.the total project cost; and Whereas, the City's funds for land acquisition will count towards the match requirement and DVIP has an application pending for City HOME funds for the remaining local match; and Whereas, prioritizing innovative partnerships with nonprofit affordable housing providers is consistent with the 2022 Affordable Housing Action Plan and the City's FY2023-2028 Strategic Plan; and Whereas, the use of funds as set forth in the attached agreement is a public purpose. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The City Manager is authorized to execute an agreement, and any needed amendment thereto, to provide $270,000 in Affordable Housing Funds to DVIP to acquire land for the construction of up to six attached single family homes provided DVIP secures a State HOME ARP award and all financing necessary for the project to proceed. 2. The funds shall be provided as a conditional occupancy loan at 0% interest with an affordability period of 20 years. 3. The City provides this resolution to demonstrate support for DVIP's State HOME ARP application to provide additional affordable housing opportunities for those fleeing domestic violence with supportive services. Resolution No. 24-42 Page 2 Passed and approved this 20' day of February 2024. - Z�- rI � --O� IV a Attest: City berk City Attorne s Office (Sue Dulek - 02/19/2024) It was moved by Salih and seconded by Alter be adopted, and upon roll call there were: AYES: i5 NAYS: ABSENT: Alter Bergus Dunn Harmsen Moe Salih Teague the Resolution Item Number: 8.a. CITY OF IOWA CITY COUNCIL ACTION REPORT February 20, 2024 Motion setting a public hearing for March 19, 2024 on an ordinance rezoning approximately 6.25 acres of land from Neighborhood Public Zone (P-1) zone to General Industrial (1-1) zone (REZ23-0010). Attachments: REZ23-0010 Staff Report with Attachments P&Z Correspondence as of 01. 17.2024 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 Item Number: 8.b. CITY OF IOWA CITY COUNCIL ACTION REPORT February 20, 2024 Motion setting a public hearing for March 19, 2024 on an ordinance for a City -initiated rezoning of approximately 4.5 acres of land from Intensive Commercial (CI -1) zone to Community Commercial (CC -2) zone. (REZ24-0002) Attachments: Staff Report with Attachments STAFF REPORT To: Planning and Zoning Commission Item: REZ24-0002 GENERAL INFORMATION: Applicant Owners: Requested Action: Purpose: Location: Location Map: Prepared by: Parker Walsh, Associate Planner Date: February 7, 2024 City of Iowa City 410 E Washington St Iowa City, IA 52240 Shelter House PO Box 3146 Iowa City, IA 52244 Community & Family Resources 211 Avenue M West Fort Dodge, IA 50501 Youth Homes, Inc. 1916 Waterfront Drive Iowa City, IA 52240 City initiated rezoning of approximately 4.5 acres of land from Intensive Commercial Zone (CI -1) to Community Commercial Zone (CC -2) To align existing uses with compatible zones following the recent City Zoning Code amendment 1916 Waterfront Drive, 429 Southgate Avenue, 430 Southgate Avenue, 436-438 Southgate Avenue, and 501 Southgate Avenue Size: 4.5 acres Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: District Plan: Neighborhood Open Space District: Public Meeting Notification: File Date: 45 Day Limitation Period: Intensive Commercial Zone (CI -1) North: Community Commercial Zone (CC -2) South: High Density Single Family Residential with a Planned Development Overlay (OPD/RS-12) East: Intensive Commercial Zone (CI -1) West: Intensive Commercial Zone (CI -1) General Commercial and Intensive Commercial South District Plan: Commercial S1 Properties within 500' of the subject property received notification of the Planning and Zoning Commission public meeting. Rezoning signs were posted on the properties on 1/17/24. January 4, 2024 February 18, 2024 BACKGROUND INFORMATION: On November 6, 2023, Iowa City City Council adopted multiple amendments to the text of the Zoning Code (Ordinance 23-4914) to improve housing choice, increase housing supply, and encourage housing affordability. The amendments also included several provisions to address potential fair housing issues. Changes included: 1. Treating assisted group living uses more consistently with multi -family uses; and 2. Reclassifying community service — long term housing as a residential use. These two changes created some non -conformities for existing uses, specifically by reclassifying existing community service -long term housing as multi -family and no longer allowing assisted group living uses in Intensive Commercial (CI -1) zones. The purpose of this city -initiated rezoning application is to rezone several properties near the intersection of Waterfront Drive and Southgate Avenue currently zoned CI -1 to Community Commercial (CC -2) to better align their zoning with their existing uses following these recent zoning code changes. No changes to existing uses are proposed as part of this application. Staff met with all property owners. All property owners have expressed their support for the rezoning in writing (Attachment 4). A Good Neighbor Meeting was held on January 30, 2024, which was attended by staff and two others from the community. The summary of this meeting is available in Attachment 4. 3 ANALYSIS: The subject properties are all part of the Braverman Center Lot 2 of Block 1 and Blocks 5, 6, and 7 subdivision. They were zoned Intensive Commercial (CI -1) on December 20, 1983 as part of the comprehensive rezoning of the City with the adoption of the 1983 zoning code update. The surrounding properties were also zoned CI -1 as part of this comprehensive rezoning. Prior to that, the subject properties were zoned Light Industrial (M1). This area has gradually changed over the past 40 years. Commercial uses along the highway began to spread further south as additional residential development continued to occur in the South District. In 1994 (Ord. 94-3653), the HyVee property to the north was rezoned to Community Commercial (CC -2). The nonprofit uses currently occupying the subject properties began establishing themselves in the area in the late 1990s through the mid -2000s. In addition, CC -2 zoning continued to expand, especially in 2006 when CC -2 zoning extended down Boyrum Street (Ord. 06-4211 and Ord. 06-4223), S. Gilbert Street (Ord. 06-4224), and along Stevens Drive (Ord. 06-4240). In 2018, the County purchased and rezoned land to the west to establish the GuideLink Center, which offers urgent mental health and substance use services. While there are still many uses consistent with the CI -1 zoning designation nearby, further expansion of the CC -2 zone to the subject properties makes sense given the existing land uses. At the same time, the meaning of CI -1 zoning designation has also changed over time. When it was first adopted in 1983, multi -family, group care facilities (now called assisted group living), and transitional housing uses were allowed by special exception in the CI -1 zone. However, in 2005, the zoning changed such that multi -family uses were no longer allowed; however assisted group living and community service — shelter uses continued to be allowed in the CI -1 zone. Community service — long term housing was added as an institutional use category in 2016, which was also allowed by special exception in CI -1 zones. Overtime the CI -1 zone has gone from an all- encompassing commercial zone to being focused more towards intensive commercial development. Due to residential uses being removed over the years, and the primary intent of the CI -1 zone changing, staff felt it was necessary to remove the remaining residential uses from the zone as they were incompatible. The 2023 zoning code text amendments related to housing addressed potential fair housing issues by aligning assisted group living and community service — long term housing with other residential uses. This led to the removal of assisted group living and community service — long term housing as an allowable use in the CI -1 zone because other residential uses were also prohibited. The 2023 zoning code text amendments also simplified the process by which assisted group living is allowed in CC -2 through by removing the need for a special exception. The City is initiating this rezoning because the zoning code text amendments adopted on November 6, 2023, no longer allow other uses similar to residential uses in CI -1 zones, which resulted in the creation of several legal nonconforming uses on the subject properties. It is important to correct this issue as nonconforming uses are not allowed to be enlarged or altered in such a way that would be considered an expansion of a nonconforming use. This may limit or prohibit any future development under the existing uses. Current Zoning: The subject properties are currently zoned Intensive Commercial (CI -1). The purpose of CI -1 is to provide areas for those sales and service functions and businesses whose operations are typically characterized by outdoor display and storage of merchandise, by repair and sales of large equipment or motor vehicles, by outdoor commercial amusement and recreational activities or by activities or operations conducted in buildings or structures not completely enclosed. The types of retail trade in this zone are limited in order to provide opportunities for more land intensive commercial operations and also to prevent conflicts between retail and industrial truck traffic. Special attention must be directed toward buffering the negative aspects of allowed uses from W adjacent residential zones. With the 2023 zoning code text amendment, no residential uses are allowed in a CI -1 zone. This change is intended to remove residential uses from a zone that typically utilizes more intense uses that are not compatible with residential. Proposed Zoning: The request is to rezone the subject properties from the existing CI -1 to Community Commercial (CC -2) zone. The purpose of CC -2 is to provide for major business districts to serve a significant segment of the total community population. In addition to a variety of retail goods and services, these centers may typically feature a number of large traffic generators requiring access from major thoroughfares. While these centers are usually characterized by indoor operations, uses may have limited outdoor activities; provided, that outdoor operations are screened or buffered to remain compatible with surrounding uses. The CC -2 zone would make the existing assisted living uses conforming, allowing for potential expansions and other site renovations. Without the rezoning, the existing properties would continue as legal nonconformities, but be unable to expand until rezoned. The CC -2 zone would also be continuous with CC -2 zoned property to the north. Table 1 below outlines a comparison of the uses allowed in the existing CI -1 zone and the proposed CC -2 zone. Table 1: Uses Allowed in Commercial Zones Uses Categories Community Commercial Intensive Commercial Residential—AssistedGrou Living PR Residential — Group Household PR Residential — Multi -Family PR/S Adult Business PR Animal Related Commercial — General PR PR Animal Related Commercial — Intensive PR Building Trade Uses PR P Commercial Recreation — Indoor P P Commercial Recreation — Outdoor S P Drinking Establishments PR PR Eating Establishments P P Office - General P P Office — Medical/Dental P P Quick Vehicle Servicing PR/S PR/S Retail—Alcohol Sales P P Retail — Delayed Deposit PR Retail — Hospitality P P Outdoor Storage and Display PR P Retail — Personal Service P P Retail — Repair P P Retail — Sales P P Surface Passenger Service P P Vehicle Repair S PR Industrial Service P General Manufacturing PR PR Heavy Manufacturing S Technical/Light Manufacturing PR PR Self Service Storage S P Warehouse & Freight Movement P Wholesale Sales P Basic Utility PR/S PR/S Community Service — Shelter S S General Community Service P S Daycare PR PR General Education S Specialized Education P S Parks and Open Space PR Religious/Private Group Assembly P P Utility Scale Ground Mounted Solar S S Communication Transmission Facility PR/S PR/S P = Permitted, PR = Provisional, S = Special Exception, - Not Allowed Property Analysis: Staff prepared an analysis of the properties to summarize existing nonconforming uses and detail what would change due to the proposed rezoning. The proposed rezoning would better align the zoning with the existing land uses and compatible development. The subject properties may continue to use the sites as currently established, regardless of the nonconforming use. However, according to 14-4E-5 of the City Code, any future redevelopment, expansions, or alterations of the subject properties may be prohibited if they are considered expansions of the nonconforming use. The purpose of the analysis is to determine if the CC -2 zone is a compatible alternative that would not create additional nonconforming use issues that would limit any future development of the existing properties. Any future development activity on the subject properties would require a site plan, which may uncover additional Code compliance concerns that would need to be satisfied as part of the site plan review process. A nonconforming analysis of the properties is below. 1916 Waterfront Dr: Four Oaks A special exception was granted in order to establish and expand a group care facility use (now called assisted group living) to allow 24 roomers. Today, the property is no longer used for assisted group living. It is primarily a general community service use with medical offices. • If the property were to remain zoned CI -1 a special exception would be required to expand the general community service use and assisted group living would not be allowed. Both uses are allowed provisionally in the proposed CC -2 zone. 430 Southgate Ave: Community & Family Resources • The current uses for the property include assisted group living which received a special exception in 1985 and general office. While assisted group living is no longer allowed in CI -1 zones. both uses are allowed in CC -2. • The property received a parking reduction through a special exception in 2000 that required 84 spaces between this property and 436-438 Southgate Ave; together, these parcels constitute a single tract. 436 - 438 Southgate Ave: Community & Family Resources • The current uses for the property include multi -family and ground floor office. Multi -family has not been allowed in CI -1 zones since at least 2005. This is currently an established legal nonconforming use in CI -1. • In the CC -2 zone multi -family uses above the ground floor are allowed provisionally. Because this constitutes a tract with 430 Southgate Ave, the multi -family uses meet current dwelling unit density standards. 429 Southgate Ave: Shelter House • In 2004 the property owner received a special exception to establish a community service — shelter use for up to 70 temporary residents. This use requires a special exception in both CI -1 and CC -2 zones. This use was legally established and could continue to operate under the existing special exception. 501 Southgate Ave: Shelter House • In 2020, this property received a special exception to establish a community service — long term housing use, but the 2023 zoning code text amendment eliminated it as a use type. • The use is now classified as multi -family with accessory supportive services. The multi- family use is not allowed in the CI -1 zone, but it is allowed in CC -2 zones either provisionally or by special exception. • The property currently has 36 one -bedroom units, which is more than the maximum density allowed in CC -2 zones. As such, the proposed rezoning would bring the site into greater compliance with the zoning code, though it would still be considered a nonconforming use due to density. However, its current use may continue to operate as a legal nonconforming use. • Due to the reclassification in use to multi -family, the parking ratio has changed, which leads to a nonconforming situation. The property currently has 30 spaces instead of 36 spaces as would be required under its new land use category. However, all units are affordable, which would no longer require parking under the 2023 zoning code text amendments if the owner entered into an affordable housing agreement. Although this is not required of the owner, it is an option that could bring the parking into compliance with current standards. Regardless, the use can continue to operate as -is. Rezoning Review Criteria: Staff uses the following two criteria in the review of rezoning: 1. Consistency with the comprehensive plan; 7 2. Compatibility with the existing neighborhood character. Consistency with Comprehensive Plan: The IC2030 Comprehensive Plan identifies the subject properties as suitable for General Commercial and Intensive Commercial land uses. The Comprehensive Plan also states that "in addition to the District Plans, the neighborhood design principles should be considered when interpreting the land use map". The Comprehensive Plan goes on to state, "use the District Plans to identify appropriate commercial nodes and zone accordingly to focus commercial development to meet the needs of the present and future population". The neighborhood design principle Buffer Residential Development from Incompatible Uses emphasizes the importance of providing sufficient buffers to assure the long-term livability of neighborhoods. Although many of the allowed uses in CC -2 are similar to those in CI -1, many of the more intensive uses are provisional with approval criteria such as higher intensity screening to maintain a buffer. The land use chapter of the Comprehensive Plan includes a strategy to, "Plan for appropriate transitions between residential neighborhoods and higher intensity commercial to ensure the long-term health of neighborhood". Currently, the properties south of Southgate Ave abut existing residential to the south. The South District Plan Future Land Use Map designates the subject properties as Commercial to provide the opportunity for a large variety of uses that serve a major segment of the community. Similar to the IC2030 plan, the South District Plan emphasizes the importance of the neighborhood design principles, specifically, to buffer residential development from incompatible uses to help ensure the long-term livability of neighborhoods. Goal 4 of the South District Plan Commercial Area — Goals and Objectives states "ensuring that commercial areas and uses contribute to the long term vitality and appeal of adjacent neighborhoods". The objectives to achieve this goal go on to state "Explore the potential for mixed use, residential, or institutional uses. Any proposed rezoning of this area should be scrutinized to ensure that new development contributes to the overall health of the surrounding neighborhood, including nearby residential uses". Although no new development is planned with this rezoning, the existing residential uses in the area are noted in the Plan as desirable to promote a long term healthy neighborhood. The CC -2 zone would allow these residential uses, while also removing the ability to develop some incompatible uses allowed in CI -1. CC -2 also puts a greater emphasis on buffering incompatible uses through increased screening and setback standards, which will further contribute to the overall health and neighborhood compatibility of existing and future development in the area. Compatibility with Existing Neighborhood Character: The rezoning would bring the existing land uses more in conformance with the zoning code, while also allowing for future redevelopment to uses that more closely fit with the Comprehensive Plan's vision. Rezoning to CC -2 is more compatible with the existing residential H uses to the south. The existing land uses also provide the transition envisioned in the Comprehensive Plan. Specifically, the land uses transition from high density single family manufactured housing park, to multi -family and assisted group living uses, to community service and medical office, and finally into the HyVee commercial area to the north. See Figure 1. Directly to the east of the subject properties is Plumb Supply Company, a plumbing supply store with outdoor storage. Directly to the west, across Waterfront Dr., is Ruiz Auto Repair and Fiddlehead Gardens, both with outdoor storage. The outdoor storage uses are generally less compatible with the existing residential uses. However, if these properties redevelop in the future, additional screening may be required to buffer the residential uses, as well as screening of the outdoor storage areas from adjacent properties. A rezoning of the subject properties to CC -2 would ensure that the existing properties are conforming, while also allowing future commercial redevelopment that would remain compatible with the surrounding CI -1 uses. SUMMARY: In summary, Staff initiated and supports the rezoning from Intensive Commercial (CI -1) to Community Commercial (CC -2). Rezoning to CC -2 would restore the existing uses to conforming use status. Additionally, given the existing development in the area, the rezoning to CC -2 would create a more compatible neighborhood envisioned in the Comprehensive Plan as the zone emphasizes buffers between incompatible uses, while also removing the ability to develop some incompatible uses allowed in CI -1. NEXT STEPS: Upon recommendation from the Planning and Zoning Commission, a public hearing will be scheduled for consideration by the City Council. STAFF RECOMMENDATION: Staff recommends approval of REZ24-0002, a rezoning of approximately 4.5 acres of properties located at 429 Southgate Ave, 430 Southgate Ave, 436-438 Southgate Ave, 501 Southgate Ave, and 1916 Waterfront Dr. from Intensive Commercial Zone (CI -1) to Community Commercial Zone (CC -2). ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Applicant Statement 4. Good Neighbor Meeting Summary 5. Property Owner Statements Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services ATTACHMENT 1 Location Map 10 ATTACHMENT 2 Zoning Map N W. S 0 0.03 0.06 REZ24-0002 0.11 Miles City -Initiated CI -1 to CC -2 Rezoning Prepared By: Melanie Comer Date Prepared: December 2023 0 tiff, R w r } ■ ■ • '. - ■ ". ■ ■ ■ (iii40J .. Aft t •Erna# - ■ ■ X. ft 0 11 ATTACHMENT 3 Applicant Statement January 31, 2024 CITY OF IOWA CITY 410 East Washington Street Iowa City Planning and Zoning Commission Iowa City. Iowa 52240-1826 410 E. Washington Street (3 19) 356-5000 Iowa City, Iowa 52240 (319) 356-5009 FAX WW1VJCgov.0rg RE: City -Initiated Rezoning from Intensive Commercial (CI -1) to Community Commercial (CC -2) To the Planning and Zoning Commission: On November 6, 2023, Iowa City City Council adopted multiple amendments to the text of the Zoning Code (Ordinance 23-4914) to improve housing choice, increase housing supply, and encourage housing affordability. The amendments also included several provisions to address potential fair housing issues. Changes included: 1. Treating assisted group living uses more consistently with multi -family uses; and 2. Reclassifying community service — long term housing as a residential use. These two changes created some non -conformities for existing uses, including properties newly classified as multi -family and properties with assisted group living uses in Intensive Commercial (CI -1) zones. The purpose of this City -initiated rezoning application is to better align the zoning of several properties near the intersection of Waterfront Drive and Southgate Avenue with their existing uses following these changes. The application would rezone them from CI -1 to Community Commercial (CC -2). The subject properties were identified based on an analysis of properties zoned CI -1 throughout the City. If you have any questions regarding this application, please do not hesitate to reach out. Regards, Kirk Lehmann. AICP Associate Planner Neighborhood and Development Services City of Iowa City 12 ATTACHMENT 4 Good Neighbor Meeting Summary Summary Report for Good Neighbor Meeting Project Name: REZ24-0002: CI -1 to CC -2 Meeting Date and Time: ,January 30, 2024 at 5:30 pm I t - I OEM� CITY OF IOWA CITY Location: NE of Waterfront or & Southgate Ave Meeting Location: Dream City, 611 Southgate Ave, Iowa City, IA 52240 Names of Applicant Representatives attending: Kirk Lehmann, Associate Planner Parker Walsh, Associate Planner Names of City Staff Representatives attending: Madison Conley, Associate Planner Number of Neighbors Attending: 2 Sign -In Attached? Yes X No General Comments received regarding project (attach additional sheets if necessary) Most of the discussion centered around what exactly was happening and why. Questions that were raised included how do non -conformities affect the properties, what zones allow residential uses, what is the zoning of surrounding properties, and what are the next steps in the process. Concerns expressed regarding project (attach additional sheets if necessary) - No concerns were expressed. Will there be any changes made to the proposal based on this input? If so, describe: No. Staff Representative Comments GOOD NEIGHBOR MEETING SIGN -IN SHEET CASE: REZ24-0002 DATE: JANUARY 30, 2024 LOCATION: DREAM CITY, 611 SOUTHGATE AVENUE IOWA CITY, IA 52240 Name WL --S iiynlAJ uum 13 ATTACHMENT 5 Property Owner Statements Kirk Lehmann From: Marty Stoll <MLS@shuttleworthlaw.com> Sent: Wednesday, January 10, 2024 9:56 AM To: Kirk Lehmann; Mary Beth O'Neill Cc: Anne Russett; Parker Walsh Subject: RE: 0-1 to CC -2 Meeting Follow Up 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 forwarding this information, Kirk. Four Oaks is supportive of the rezoning in order to allow for future use of the property for group living purposes, even if such residential use is on a short-term or temporary basis. Thank you, Marty Marty L. Stoll Attorney and Senior Member SHUTTLEWORTH & INGERSOLL, P.L.C. Street: 115 3P'D Street SE, Suite 500 Cedar Rapids, Iowa 52401 Mailing: P.O. Box 2107 Cedar Rapids, Iowa 52406-2107 Phone: 319-365-9461 Fax: 319-365-8443 Email: MLS Shuttleworthlaw.com Web Site: www.shuttleworthlaw.com Linkedhi Shuttleworth & INGERSOLL :1'1"I OItN I:YS :VL I.:I%V • I:tiE VM,1SI 11 A) 1854 Confidentiality Notice: Since email messages sent between you and Shuttleworth & Ingersoll P.L.0 and its employees are transmitted over the Internet, Shuttleworth & Ingersoll P.L.C. cannot assure that such messages are secure. You should be careful in transmitting information to Shuttleworth & Ingersoll P.L.C. that you consider confidential. If you are uncomfortable with such risks, you may decide not to use email to communicate with Shuttleworth & Ingersoll P.L.C. This message is covered by the Electronic Communication Privacy Act, 18 USC Section 2510-2515, is intended only for the use of the person to whom it is addressed and may contain information COMMUNITY & FAMILY RESOURCES 14" FV -.d -k, &,b,"uuv&4 January 18, 2024 Kirk Lehmann, Associate Planner City of Iowa City 410 E. Washington St. Iowa City, IA 52240 Dear Mr. Lehmann, On behalf of Community and Family Resources, I am confirming our agency's support of the re -zoning of our properties at 430 and 436-438 Southgate Avenue, Iowa City, from CI -1 to CC -2 as we discussed. As a local non-profit provider of substance use, mental health, and problem gambling treatment and prevention services, Community and Family Resources is invested in understanding and meeting the needs of our community members. The proposed re -zoning will allow us to pursue plans to accommodate more clients in need within our facility. We appreciate your partnership in advocating for the behavioral health needs of our community. Sincerely, Michelle De La Riva, LMFT, CADC Executive Director Community and Family Resources O211 Avenue M West I Fort Dodge, IA 150501 O p. 319.688.8000 300 Southgate Ave. I Iowa City, IA 152240 f. 855.312.7679 cfrhelps.org Kirk Lehmann From: Crissy Canganelli <crissy@shelterhouseiowa.org> Sent: Tuesday, January 16, 2024 2:01 PM To: Kirk Lehmann Cc: Anne Russett; Parker Walsh Subject: RE: REZ24-0002: Rezoning Mailings, Signs, and Timeline A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Hello Kirk, Thank you for the timeline details and I apologize for failing to respond to your original email on this subject. Please accept this as written assurance of Shelter House's support for the City of Iowa City to rezone the properties located at 429 and 501 Southgate from CI -1 to CC -2. Thank you, CRISSY C A NTGANELLI Executive Director 319-338 tG Ek1. 305 cdssy®sneRerhousalowa,org wwwsheherM1o�seiowa.org ©4N9 hgMe Avnur,b aCity IAS2 0 From: Kirk Lehmann <KLehmann@iowa-city.org> Sent: Tuesday, January 16, 2024 1:17 PM To: Crissy Canganelli <crissy@shelterhouseiowa.org> Cc: Anne Russett <ARussett@iowa-city.org>; Parker Walsh <PWalsh@iowa-city.org> Subject: [External] REZ24-0002: Rezoning Mailings, Signs, and Timeline Hello Crissy, This message is to inform you that mailings will go out and signs will be posted at your properties tomorrow. You will receive a copy of the letter in the mail, but I've also attached it for your convenience. The timeline for public meetings is as follows: Good Neighbor Meeting: A Good Neighbor Meeting will be held on Tuesday, January 30, 2024, at 5:30 p.m. at Dream City, 611 Southgate Avenue in Iowa City. This meeting will provide an opportunity for the public to learn about the requested rezoning and provide informal feedback regarding this proposal. City staff will lead the meeting. A representative of your agency may attend but is not required. Item Number: 8.c. CITY OF IOWA CITY COUNCIL ACTION REPORT February 20, 2024 Resolution fixing date for a meeting on the proposition of the issuance of not to exceed $9,300,000 General Obligation Bonds of the City of Iowa City, State of Iowa (for essential corporate purposes) and providing for publication of notice thereof. Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Adopted as part of the FY2024 Revised Budget and 2024- 2028 Capital Improvement Program. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: 2024 General Obligation Bonds Project Schedule by Hearing Type Iowa City (144) - ECP -1 Fix Date Proceedings 2024 GO BONDS (02304745x7F7E1) Executive Summary: There are three resolutions for the formal City Council meeting on February 20th that are setting public hearings regarding the issuance of the 2024 General Obligation Bonds. The hearings are being scheduled for March 19th. Attached is a project schedule by hearing for the 2024 General Obligation Bonds. There are three hearings required for the 2024 general obligation bond issue. Background /Analysis: The City issues bonds every spring to fund the current year's capital improvement projects listed in the Five -Year Capital Improvement Program. The City's bond attorney, Kristin Billingsley Cooper, determines the number of bond resolutions required based upon the purpose and classification of the bonds being issued. Iowa state code classifies general obligation bonds as either General or Essential. General obligation bonds classified as General are limited to $700,000 per project and are subject to reverse referendum within 30 days of adoption of the resolution. General obligation bonds classified as Essential do not have a $700,000 project expense cap and are not subject to reverse referendum. The public hearings for the 2024 General Obligation Bond issue have a total combined issuance amount of not to exceed $10,200,000 for projects totaling $9,980,000. The difference between the two amounts is the estimated bond issuance costs. Proj.# Project Name 2024 General Obligation Bonds Project Schedule by Hearing Type Description General General Essential Purpose - Purpose - Type Purpose Roofs Fire Slab R4385 College Green Park Playground This project replaces the playground at Parks $ 400,000 College Green Park. Replacement ofthe 1/4 mile segment of Court R4397 Court Hill Trail Beech to Scott Hill Trail from Beech St to Scott Blvd. 10k Trails $ 260,000 Replacement wide asphalt to be replaced with 10ft wide concrete. This project is part of the downtown streetscape master plan and reconstructs Dubuque Street from Washington to Iowa S3939 Dubuque Street Reconstruction Avenue. The project also includes Streets $ 4,030,000 improvements to sidewalk pavement, addresses critical utility updates, and enhances the retail environment with streetsca a components. 53946 Court Street Reconstruction This project will reconstruct Court Street from Streets $ 1,500,000 Muscatine Avenue to 1st Avenue. Reconstruction of N. Gilbert Street from the construction limits of the Gateway project just south of Kimball Road to and including the intersection with Brown Street. Improvements to inlcude new sanitary sewer, adjustment an replacement of minor sections of water main and fire hydrants, new stormsewer extensions, PCC roadway paving on the main 53955 N. Gilbert Street Reconstruction corridor of N Gilbert Street, reconstruction of Streets $ 900,000 the brick Brown Street and N Gilbert Street intersection, sidewalks on both sides of the street, retaining wall reconstruction and repairs, and private utility undergrounding. The reconstruction of the sidewalk crosswalk at the intersection with Kimball Road is also included. Replace the existing Gilbert Street Bridge Gilbert Street Bridge over Ralston Creek. Project will also include 53956 removal and replacement of slope protection, Streets $ 1,375,000 Replacement sidewalk, storm sewer, water main, roadway paving and other related work. This project will provide repairs to the existing pedestrain overpass, including removal of loose and delaminated material and the application of a corrosive inhibiting coating to Riverside Dr. Pedestrian Bridge protect the exposed areas and match the 53978 appearance of the surrounding concrete. New Sidewalks $ 635,000 at Iowa Ave Rehab light fixtures, expansion jointing, walkway surfacing and handrails will be provided. The walkway to the Iowa Avenue Pedestrian underpass will be reconstructed to meet current ADA requirements. 53984 High Street & Southgate Ave Construction of sidewalk along High Street as Sidewalks $ 50,000 Sidewalk Infill Pr j well as along Southgate Avenue. R4351 Recreation Center City Hall & Robert E Lee Roof Replacement Builidings $ 700,000 Improvements with the ossibilit of addingsolar panels 24409 Fire Station #1 Apparatus Bay This project will reconstruct the floor slab in Builidings $ 130,000 Slab Reconstruction theapparatus ba of Fire Station 1. GO Bond 2024 Project Totals $ 9,150,000 $ 700,000 $ 130,000 Public Hearing Amount $ 9,300,000 $ 700,000 $ 200,000 M Items to Include on Agenda City of Iowa City, Iowa Not to Exceed $9,300,000 General Obligation Bonds (ECP -1) Resolution fixing date for a meeting on the proposition to issue. Notice Must Be Given Pursuant to Iowa Code Chapter 21 and the Local Rules of the City. February 20, 2024 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 6 P.M., on the above date. There were present Mayor Teague in the chair, and the following named Council Members: Absent: None Vacant: None 2 Council Member salih _ introduced the following Resolution entitled "Resolution Fixing Date for a Meeting on the Proposition of the Issuance of Not to Exceed $9,300,000 General Obligation Bonds of the City of Iowa City, State of Iowa (for essential corporate purposes), and Providing for Publication of Notice Thereof', and moved that the same be adopted. Council Member Alter seconded the motion to adopt. The roll was called and the vote was, Ayes: _ Alter. Bergus, Dunn. Harmsen, Moe, Salih, Teaeue Nays: Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 24-43 Resolution Fixing Date for a Meeting on the Proposition of the Issuance of Not to Exceed $9,300,000 General Obligation Bonds of the City of Iowa City, State of Iowa (for essential corporate purposes), and Providing for Publication of Notice Thereof Whereas, it is deemed necessary and advisable that the City of Iowa City, State of Iowa, should issue General Obligation Bonds, to the amount of not to exceed $9,300,000, as authorized by Section 384.25, of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out essential corporate purpose project(s) as hereinafter described; and Whereas, before the Bonds may be issued, it is necessary to comply with the provisions of the Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the Bonds and to receive oral and/or written objections from any resident or property owner of the City to such action. (To be published between: February 28, 2024 and March 8, 2024) Notice of Meeting of the City Council of the City of Iowa City, State of Iowa, on the Matter of the Proposed Issuance of Not to Exceed $9,300,000 General Obligation Bonds of the City (for essential corporate purposes), and the Hearing on the Issuance Thereof Public Notice is hereby given that the City Council of the City of Iowa City, State of Iowa, will hold a public hearing on the 19th day of March, 2024, at .M., in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $9,300,000 General Obligation Bonds, for essential corporate purposes, to provide funds to pay costs of the opening, widening, extending, grading and drainage of the right-of-way of streets, highways, avenues, alleys, and public grounds; the construction, reconstruction, and repairing of any street and streetscape improvements, including the replacement or planting of trees in public areas, related utility work, traffic control devices, lighting, trails, sidewalks, and the acquisition of real estate for such purposes; the acquisition, construction, reconstruction, enlargement, improvement, and repair of bridges, culverts, retaining walls, viaducts, underpasses, grade crossing separations, and approaches thereto; and the rehabilitation and improvement of parks already owned, including facilities, equipment and improvements commonly found in city parks. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City to the above action. After all objections have been received and considered, the Council will at the meeting or at any adjournment thereof, take additional action for the issuance of the Bonds or will abandon the proposal to issue said Bonds. This notice is given by order of the City Council of the City of Iowa City, State of Iowa, as provided by Section 384.25 of the Code of Iowa. Dated this day of .2024. City Clerk, City of Iowa City, State of Iowa (End of Notice) Passed and Approved this 20"' day of February, 2024. Mayo Attest: V 1)� Li� x-wC City Cl rk Now, Therefore, Be It Resolved by the City Council of City of Iowa City, State of Iowa: Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 6 P.M., on the 19`s day of March, 2024, for the purpose of taking action on the matter of the issuance of not to exceed $9,300,000 General Obligation Bonds, for essential corporate purposes, the proceeds of which bonds will be used to provide funds to pay the costs of the opening, widening, extending, grading and drainage of the right-of-way of streets, highways, avenues, alleys, and public grounds; the construction, reconstruction, and repairing of any street and streetscape improvements, including the replacement or planting of trees in public areas, related utility work, traffic control devices, lighting, trails, sidewalks, and the acquisition of real estate for such purposes; the acquisition, construction, reconstruction, enlargement, improvement, and repair of bridges, culverts, retaining walls, viaducts, underpasses, grade crossing separations, and approaches thereto; and the rehabilitation and improvement of parks already owned, including facilities, equipment and improvements commonly found in city parks. Section 2. To the extent any of the projects or activities described in this resolution may be reasonably construed to be included in more than one classification under Subchapter III of Chapter 384 of the Code of Iowa, the Council hereby elects the "essential corporate purpose" classification and procedure with respect to each such project or activity, pursuant to Section 384.28 of the Code of Iowa. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds. Section 4. The notice of the proposed action to issue bonds shall be in substantially the following form: 4 Certificate State of Iowa ) ) SS County of Johnson ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. Witness my hand and the seal of the Council hereto affixed this 2Z4-& day of 2024, yam( , P -� acc, City Clerk, City of Iowa City, State of Iowa (SEAL) Certificate State of Iowa } ) SS County of Johnson ) I, the undersigned, do hereby certify that I am now and was at the times hereinafter mentioned, the duly qualified and acting Clerk of the City of Iowa City, in the County of Johnson, State of Iowa, and that as such Clerk and by full authority from the Council of the City, I have caused a Notice of Public Hearing (Not to Exceed $9,300,000 General Obligation Bonds) (ECP -1) of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete copy, to be published as required by law in the Iowa City Press -Citizen, a legal newspaper published at least once weekly, printed wholly in the English language, published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bona fide paid circulation recognized by the postal laws of the United States, and has a general circulation in the City, and that the Notice was published in all of the issues thereof published and circulated on the following date: [—_e b r-t,La ( '2-g 2024. p WITNESS my official signature this - day of M tC-t1(_ 2024. 7L0(', -P City Clerk, City of Iowa City, State of Iowa (Seal) 02304745\10714-144 LocaliQ Iowa PO Box 631851 Cincinnati, OH 45263-1851 Ar UZON11:1111111111 PROOF OF PUBLICATION CITY OF IOWA CITY City Clerk's Office City Of Iowa City 410 E Washington ST Iowa City LA 52240-1825 STATE OF WISCONSIN, COUNTY OF BROWN The Iowa City Press Citizen, a newspaper printed and published in the city of Iowa, Johnson County, State of Iowa, and personal knowledge of the facts herein state and that the notice hereto annexed was Published in said newspapers in the issue: 02/28/2024 and that the fees charged are legal. Swornto and subscribed before an 02/2812024 My cora mission expires Publication Cost: $49.00 Order No: 9985218 # of Copies: Customer No: 1249729 1 PO #: THIS IS NOT AN INVOICE! Pl.,do na, . (hisjonmjoep.pnew remitfawe. KATHLEEN ALLEN N Notary ubi State of �lsnsj �i Page 1 of 1 Item Number: 8.d. CITY OF IOWA CITY COUNCIL ACTION REPORT February 20, 2024 Resolution fixing date for a meeting on the proposition of the issuance of not to exceed $700,000 General Obligation Bonds of the City of Iowa City, State of Iowa (for general corporate purposes) and providing for publication of notice thereof. Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Adopted as part of the FY2024 Revised Budget and 2024- 2028 Capital Improvement Program. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: 2024 General Obligation Bonds Project Schedule by Hearing Type Iowa City (144) - GCP-2 Fix Date Proceedings 2024 GO BONDS (02304762x7F7E1) Executive Summary: There are three resolutions for the formal City Council meeting on February 20th that are setting public hearings regarding the issuance of the 2024 General Obligation Bonds. The hearings are being scheduled for March 19th. Attached is a project schedule by hearing for the 2024 General Obligation Bonds. There are three hearings required for the 2024 general obligation bond issue. Background /Analysis: The City issues bonds every spring to fund the current year's capital improvement projects listed in the Five -Year Capital Improvement Program. The City's bond attorney, Kristin Billingsley Cooper, determines the number of bond resolutions required based upon the purpose and classification of the bonds being issued. Iowa state code classifies general obligation bonds as either General or Essential. General obligation bonds classified as General are limited to $700,000 per project and are subject to reverse referendum within 30 days of adoption of the resolution. General obligation bonds classified as Essential do not have a $700,000 project expense cap and are not subject to reverse referendum. The public hearings for the 2024 General Obligation Bond issue have a total combined issuance amount of not to exceed $10,200,000 for projects totaling $9,980,000. The difference between the two amounts is the estimated bond issuance costs. Proj.# Project Name 2024 General Obligation Bonds Project Schedule by Hearing Type Description General General Essential Purpose - Purpose - Type Purpose Roofs Fire Slab R4385 College Green Park Playground This project replaces the playground at Parks $ 400,000 College Green Park. Replacement ofthe 1/4 mile segment of Court R4397 Court Hill Trail Beech to Scott Hill Trail from Beech St to Scott Blvd. 10k Trails $ 260,000 Replacement wide asphalt to be replaced with 10ft wide concrete. This project is part of the downtown streetscape master plan and reconstructs Dubuque Street from Washington to Iowa S3939 Dubuque Street Reconstruction Avenue. The project also includes Streets $ 4,030,000 improvements to sidewalk pavement, addresses critical utility updates, and enhances the retail environment with streetsca a components. 53946 Court Street Reconstruction This project will reconstruct Court Street from Streets $ 1,500,000 Muscatine Avenue to 1st Avenue. Reconstruction of N. Gilbert Street from the construction limits of the Gateway project just south of Kimball Road to and including the intersection with Brown Street. Improvements to inlcude new sanitary sewer, adjustment an replacement of minor sections of water main and fire hydrants, new stormsewer extensions, PCC roadway paving on the main 53955 N. Gilbert Street Reconstruction corridor of N Gilbert Street, reconstruction of Streets $ 900,000 the brick Brown Street and N Gilbert Street intersection, sidewalks on both sides of the street, retaining wall reconstruction and repairs, and private utility undergrounding. The reconstruction of the sidewalk crosswalk at the intersection with Kimball Road is also included. Replace the existing Gilbert Street Bridge Gilbert Street Bridge over Ralston Creek. Project will also include 53956 removal and replacement of slope protection, Streets $ 1,375,000 Replacement sidewalk, storm sewer, water main, roadway paving and other related work. This project will provide repairs to the existing pedestrain overpass, including removal of loose and delaminated material and the application of a corrosive inhibiting coating to Riverside Dr. Pedestrian Bridge protect the exposed areas and match the 53978 appearance of the surrounding concrete. New Sidewalks $ 635,000 at Iowa Ave Rehab light fixtures, expansion jointing, walkway surfacing and handrails will be provided. The walkway to the Iowa Avenue Pedestrian underpass will be reconstructed to meet current ADA requirements. 53984 High Street & Southgate Ave Construction of sidewalk along High Street as Sidewalks $ 50,000 Sidewalk Infill Pr j well as along Southgate Avenue. R4351 Recreation Center City Hall & Robert E Lee Roof Replacement Builidings $ 700,000 Improvements with the ossibilit of addingsolar panels 24409 Fire Station #1 Apparatus Bay This project will reconstruct the floor slab in Builidings $ 130,000 Slab Reconstruction theapparatus ba of Fire Station 1. GO Bond 2024 Project Totals $ 9,150,000 $ 700,000 $ 130,000 Public Hearing Amount $ 9,300,000 $ 700,000 $ 200,000 8.j Items to Include on Agenda City of Iowa City, Iowa Not to Exceed $700,000 General Obligation Bonds (GCP-2) Resolution fixing date for a meeting on the proposition to issue. Notice Must Be Given Pursuant to Iowa Code Chapter 21 and the Local Rules of the City. February 20, 2024 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 6 P.M., on the above date. There were present Mayor Teague in the chair, and the following named Council Members: Alter, Bergus, Dunn, Harmsen, Moe, Salih, Teague Absent: Vacant: 2 Council Member Salih introduced the following Resolution entitled "Resolution Fixing Date for a Meeting on the Proposition of the Issuance of Not to Exceed $700,000 General Obligation Bonds of the City of Iowa City, State of Iowa (for general corporate purposes), and Providing for Publication of Notice Thereof', and moved that the same be adopted. Council Member Alter seconded the motion to adopt. The roll was called and the vote was, Ayes: Alter, Bergus, Dunn, Harmsen. Moe. Salih, Teavue Nays: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 24-44 Resolution Fixing Date for a Meeting on the Proposition of the Issuance of Not to Exceed $700,000 General Obligation Bonds of the City of Iowa City, State of Iowa (for general corporate purposes), and Providing for Publication of Notice Thereof Whereas, it is deemed necessary and advisable that the City of Iowa City, State of Iowa, should issue General Obligation Bonds, to the amount of not to exceed $700,000, as authorized by Section 384.26, of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out general corporate purpose project(s) as hereinafter described; and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and Whereas, before the Bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the Code of Iowa, and to publish a notice of the proposal to issue such Bonds and the right to petition for an election. Now, Therefore, Be It Resolved by the City Council of City of Iowa City, State of Iowa: Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 6 P.M., on the 19`h day of March, 2024, for the purpose of taking action on the matter of the issuance of not to exceed $700,000 General Obligation Bonds, for general corporate purposes, the proceeds of which bonds will be used to provide funds to pay the costs of the acquisition, reconstruction, redevelopment, improvement and equipping of recreation buildings and centers, swimming pools and City Hall and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than ten clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds. Section 3. The notice of the proposed action to issue bonds shall be in substantially the following form: (To be published between: February 28, 2024 and March 8, 2024) Notice of Meeting of the City Council of the City of Iowa City, State of Iowa, On the Matter of the Proposed Issuance of Not to Exceed $700,000 General Obligation Bonds of the City (for general corporate purposes), and the Hearing on the Issuance Thereof Public Notice is hereby given that the City Council of the City of Iowa City, State of Iowa, will hold a public hearing on the 191h day of March, 2024, at .M., in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds, for general corporate purposes, bearing interest at a rate of not to exceed nine (9) per centum per annum, the Bonds to be issued to provide funds to pay costs of the acquisition, reconstruction, redevelopment, improvement and equipping of recreation buildings and centers, swimming pools and City Hall. At any time before the date of the meeting, a petition, asking that the question of issuing such Bonds be submitted to the legal voters of the City, may be filed with the Clerk of the City in the manner provided by Section 362.4 of the Code of Iowa, pursuant to the provisions of Section 384.26 of the Code of Iowa. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City to the above action. After all objections have been received and considered, the Council will at the meeting or at any adjournment thereof, take additional action for the issuance of the Bonds or will abandon the proposal to issue said Bonds. This notice is given by order of the City Council of the City of Iowa City, State of Iowa, as provided by Section 384.26 of the Code of Iowa. Dated this day of .2024. City Clerk, City of Iowa City, State of Iowa (End of Notice) Passed And Approved this 201h day of February, 2024. mayg( Attest: U. I c , G City derk Certificate State of Iowa ) ) SS County of Johnson ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. Witness my hand and the seal of the Council hereto affixed this 2-ZA4day of }—COn n 2024. - City Cleric, City of Iowa City, State of Iowa (Seal) Certificate State of Iowa ) ) SS County of Johnson ) I, the undersigned, do hereby certify that I am now and was at the times hereinafter mentioned, the duly qualified and acting Clerk of the City of Iowa City, in the County of Johnson, State of Iowa, and that as such Clerk and by full authority from the Council of the City, I have caused a Notice of Public Hearing (Not to Exceed $700,000 General Obligation Bonds) (GCP-2) of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete copy, to be published as required by law in the Iowa City Press -Citizen, a legal newspaper published at least once weekly, printed wholly in the English language, published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bona fide paid circulation recognized by the postal laws of the United States, and has a general circulation in the City, and that the Notice was published in all of the issues thereof published and circulated on the following date: l--& n 2024. j� WITNESS my official signature this ' I day of (VIA (ICk/L 2024. 4 cl_e_ City Clerk, City of Iowa City, State of Iowa (Seal) 02304762110714-144 LocafiQ Iowa GANNETT PROOF OF PUBLICATION CITY OF IOWA CITY City Clerk's Office City Of Iowa City 410 E Washington ST Iowa City IA 52240-1 S25 STATE OF WISCONSIN, COUNTY OF BROWN The Iowa City Press Citizen, a newspaper printed and published in the city of Iowa, Johnson County, State of Iowa, and personal knowledge of the facts herein state and that the notice hereto annexed was Published in said newspapers in the issue: 02/28/2024 and that the fees charged are legal. Sworn to and subscribed before on 0212812024 Legal Clerk Notary, State of WI, Countyof Brown My commission expires Publication Cost $44.20 Order No: 9885219 # of Copies: Customer No: 1249729 1 PO #: THIS IS NOT AN INVOICE! Pktrse do not nae chis Joan%r...me. t ,it, [:AT HLEEN ALLEN NotaryPublicate of WISCOns'n PO Box 631851 Cincinnati, OH 45263-1851 the ng that own d a y of gym, the Bonds to beissuedto ide funds to pay costs of the Isition, reconstruction, velopment, Improvement and Doing of recreation buildings centers, swimming pools and Hall, nv time before the date of the Ind, a petition, asking that the tion of issuing such Bonds be fitted to the legal voters of the may be filed with the Clerk of 'ity in the manner provided by on 362.4 of the Code of Iowa, dant to the provisions of Section 6 of the Code of Iowa. he above meeting the Council receive oral or written :tions from any resident or erty owner of the City to the e action. After all objections been received and considered, :ouncfl will at the meeting or at adjournment thereof, take tional action for the issuance of Bonds or will abandon the osal to issue sold Bonds. notice is given by order of the Council of the City of Iowa State of Iowa, as provided by on 384.26 of the Code of Iowa. d this 20th day of February, lie Grace, City Clerk of Iowa City, state at Iowa Page 1 of 1 Item Number: 8.e. CITY OF IOWA CITY COUNCIL ACTION REPORT February 20, 2024 Resolution fixing date for a meeting on the proposition of the issuance of not to exceed $200,000 General Obligation Bonds of the City of Iowa City, State of Iowa (for general corporate purposes) and providing for publication of notice thereof. Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Adopted as part of the FY2024 Revised Budget and 2024- 2028 Capital Improvement Program. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: 2024 General Obligation Bonds Project Schedule by Hearing Type Iowa City (144) - GCP-3 Fix Date Proceedings 2024 GO BONDS (02304760x7F7E1) Executive Summary: There are three resolutions for the formal City Council meeting on February 20th that are setting public hearings regarding the issuance of the 2024 General Obligation Bonds. The hearings are being scheduled for March 19th. Attached is a project schedule by hearing for the 2024 General Obligation Bonds. There are three hearings required for the 2024 general obligation bond issue. Background /Analysis: The City issues bonds every spring to fund the current year's capital improvement projects listed in the Five -Year Capital Improvement Program. The City's bond attorney, Kristin Billingsley Cooper, determines the number of bond resolutions required based upon the purpose and classification of the bonds being issued. Iowa state code classifies general obligation bonds as either General or Essential. General obligation bonds classified as General are limited to $700,000 per project and are subject to reverse referendum within 30 days of adoption of the resolution. General obligation bonds classified as Essential do not have a $700,000 project expense cap and are not subject to reverse referendum. The public hearings for the 2024 General Obligation Bond issue have a total combined issuance amount of not to exceed $10,200,000 for projects totaling $9,980,000. The difference between the two amounts is the estimated bond issuance costs. Proj. # Project Name 2024 General Obligation Bonds Project Schedule by Hearing Type Description General General Essential Purpose - Purpose - Type Purpose Roofs Fire Slab R4385 College Green Park Playground This project replaces the playground at Parks $ 400,000 College Green Park. Replacement of the 1/4 mile segment of Court R4397 Court Hill Trail Beech to Scott Hill Trail from Beech St to Scott Blvd. 10ft Trails $ 260,000 Replacement wide mph alt to be replaced with 1 Oft wide concrete. This project is part of the downtown streetscape master plan and reconstructs Dubuque Street from Washington to Iowa 53939 Dubuque Street Reconstruction Avenue. The project also includes Streets $ 4,030,000 improvements to sidewalk pavement, addresses critical utility updates, and enhances the retail environmentwith streetscape components. 53946 Court Street Reconstruction This project will reconstruct Court Street from Streets $ 1,500,000 Muscatine Avenue to 1st Avenue. Reconstruction of N. Gilbert Street from the construction limits of the Gateway pmjectjust south of Kimball Road to and including the intersection with Brown Street. Improvements to inlcude new sanitary sewer, adjustment and replacement of minorsections of water main and fire hydrants, new stormsewer extensions, PCC roadway paving on the main 53955 N. Gilbert Street Reconstruction corridor of N Gilbert Street, reconstruction of Streets $ 900,000 the brick Brown Street and N Gilbert Street intersection, sidewalks on both sides of the street, retaining wall reconstruction and repairs, and private utility undergrounding. The reconstruction of the sidewalk crosswalk at the intersection with Kimball Road is also included. Replace the existing Gilbert Street Bridge Gilbert Street Bridge over Ralston Creek. Project will also include 53956 removal and replacement of slope protection, Streets $ 1,375,000 Replacement sidewalk, storm sewer, watermain, roadway paving and other related work. This project will provide repairs to the existing pedestrain overpass, including removal of loose and delaminated material and the application of a corrosive inhibiting coating to Riverside Dr. Pedestrian Bridge protectthe exposed areas and match the 53978 at Iowa Ave Rehab appearance of the surrounding concrete. New Sidewalks $ 635,000 light fixtures, expansion jointing, walkway surfacing and handrails will be provided. The walkway to the Iowa Aven ue Pedestrian underpass will be reconstructed to meet currentADA requirements. 53984 High Street & Southgate Ave Construction of sidewalk along High Street as Sidewalks $ 50,000 Sidewalk Infill Pro well as along Southgate Avenue. R4351 Recreation Center Improvements City Hall & Robert E Lee Roof Replacement Builidings $ 700,000 with the possibility of adding solar panels. 24409 Fire Station #1 Apparatus Bay This projectwill reconstructthe floorslab in Builidings $ 130,000 Slab Reconstruction the apparatus bay of Fire Station 1. GO Bond 2024 Project Totals $ 9,150,000 $ 700,000 $ 130,000 Public Hearing Amount $ 9,300,000 $ 700,000 $ 200,000 Items to Include on Agenda City of Iowa City, Iowa Not to Exceed $200,000 General Obligation Bonds (GCP-3) Resolution fixing date for a meeting on the proposition to issue. Notice Must Be Given Pursuant to Iowa Code Chanter 21 and the Local Rules of the City. February 20, 2024 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 6 RM., on the above date. There were present Mayor Teague in the chair, and the following named Council Members: Alter, Bergus, Dunn, Harmsen, Mae, Salih, Teague Absent: Vacant: 2 Council Member Sa 1 i h introduced the following Resolution entitled "Resolution Fixing Date for a Meeting on the Proposition of the Issuance of Not to Exceed $200,000 General Obligation Bonds of the City of Iowa City, State of Iowa (for general corporate purposes), and Providing for Publication of Notice Thereof', and moved that the same be adopted. Council Member Alter seconded the motion to adopt. The roll was called and the vote was, Ayes: Alter, Bergus, Dunn, Harmsen, Moe, Salih, Teaeue Nays: Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 24-45 Resolution Fixing Date for a Meeting on the Proposition of the Issuance of Not to Exceed $200,000 General Obligation Bonds of the City of Iowa City, State of Iowa (for general corporate purposes), and Providing for Publication of Notice Thereof Whereas, it is deemed necessary and advisable that the City of Iowa City, State of Iowa, should issue General Obligation Bonds, to the amount of not to exceed $200,000, as authorized by Section 384.26, of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out general corporate purpose project(s) as hereinafter described; and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and Whereas, before the Bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the Code of Iowa, and to publish a notice of the proposal to issue such Bonds and the right to petition for an election. Now, Therefore, Be It Resolved by the City Council of City of Iowa City, State of Iowa: Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 6 F .M., on the 19th day of March, 2024, for the purpose of taking action on the matter of the issuance of not to exceed $200,000 General Obligation Bonds, for general corporate purposes, the proceeds of which bonds will be used to provide funds to pay the costs of the acquisition, reconstruction, improvement and equipping of fire stations and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than ten clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds. Section 3. The notice of the proposed action to issue bonds shall be in substantially the following form: (To be published between: February 28, 2024 and March 8, 2024) Notice of Meeting of the City Council of the City of Iowa City, State of Iowa, on the Matter of the Proposed Issuance of Not to Exceed $200,000 General Obligation Bonds of the City (for general corporate purposes), and the Hearing on the Issuance Thereof Public Notice is hereby given that the City Council of the City of Iowa City, State of Iowa, will hold a public hearing on the 19th day of March, 2024, at .M., in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $200,000 General Obligation Bonds, for general corporate purposes, bearing interest at a rate of not to exceed nine (9) per centum per annum, the Bonds to be issued to provide funds to pay the costs of the acquisition, reconstruction, improvement and equipping of fire stations. At any time before the date of the meeting, a petition, asking that the question of issuing such Bonds be submitted to the legal voters of the City, may be filed with the Clerk of the City in the manner provided by Section 362.4 of the Code of Iowa, pursuant to the provisions of Section 384.26 of the Code of Iowa. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City to the above action. After all objections have been received and considered, the Council will at the meeting or at any adjournment thereof, take additional action for the issuance of the Bonds or will abandon the proposal to issue said Bonds. This notice is given by order of the City Council of the City of Iowa City, State of Iowa, as provided by Section 384.26 of the Code of Iowa. Dated this day of .2024. City Clerk, City of Iowa City, State of Iowa (End of Notice) Passed and Approved this 20`h day of February, 2024. Nia Attest: 0,� A,, -P IA Llkace, CityC erl k Certificate State of Iowa } ) SS County of Johnson } I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. f Witness my hand and the seal of the Council hereto affixed this 2 -n -4-k- day of {— 2024. �J City derk, City of Iowa City, State of Iowa (Seal) Certificate State of Iowa ) ) SS County of Johnson ) I, the undersigned, do hereby certify that I am now and was at the times hereinafter mentioned, the duly qualified and acting Clerk of the City of Iowa City, in the County of Johnson, State of Iowa, and that as such Clerk and by full authority from the Council of the City, I have caused a Notice Of Public Hearing (Not to Exceed $200,000 General Obligation Bonds) (GCP-3) of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete copy, to be published as required by law in the Iowa City Press -Citizen, a legal newspaper published at least once weekly, printed wholly in the English language, published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bona fide paid circulation recognized by the postal laws of the United States, and has a general circulation in the City, and that the Notice was published in all of the issues thereof published and circulated on the following date: T2 -) 01 2024. Witness my official signature this day of A ot_(-C. _ 2024. 4 A-�C- City Clerk , City of Iowa City, State of Iowa (Seal) 02304760110714-144 LocaIiQ Iowa GANNETT PROOF OF PUBLICATION CITY OF IOWA CITY City Clerk's Office City Of Iowa City 410 IF Washington ST Iowa City IA 52240-1825 STATE OF WISCONSIN, COUNTY OF BROWN The Iowa City Press Citizen, a newspaper printed and published in the city of Iowa, Johnson County, State of Iowa, and personal knowledge of the facts herein state and that the notice hereto annexed was Published in said newspapers in the issue: 02/2812024 and that the fees charged are legal. Sworn to and subscribed before on 02/28/2024 E=gal Notary. State of WL County of Brown My commission expires Publication Cost: $43.00 Order No: 9885221 # of Copies: Customer No: 1249729 1 PO #: THIS IS NOT AN INVOICE! Pkam e do not vae rb r form fnr pa)enun! reneaf6 u, , KATHLEEN ALLEN Notary Public State of Wisconsin PO Box 631851 Cincinnati, OH 45263-1851 Notice of Meeting of the Council of the City of Iowa State of Iowa, on the Matter i that Iowa 91d a oy of n the Hall, Iowa, for general Corporate purposes, bearing interest at a rate of not to exceed nine (9) per centum per annum,. the Bonds to be issued to P rovide funds to pay the costs of the acquisition, reconstruction, improvement and equipping of fire stations. At any time before the date of the above meeting the Council 'eceive oral or written ns from any resident or fiowner of the City to the ction. After all obiections an received and considered, tcil will at the meeting or at tiournment thereof, take Blonds or will abandon ine osal to issue said Bonds. notice. is given by order of the Council of the City of Iowa State of Iowa, as provided by on 884.26 of the Code of Iowa, d this 20th day of February, lie Grace, City Clerk, of Iowa City, State of Iowa Page 1 of 1 Item Number: 8.f. CITY OF IOWA CITY COUNCIL ACTION REPORT February 20, 2024 Resolution setting public hearing for March 19, 2024, on a proposal to convey a single-family home located at 1313 Sandusky Drive. Prepared By: Erika Kubly, Neighborhood Services Coordinator Reviewed By: Tracy Hightshoe, Neighborhood and Development Services Director Fiscal Impact: City funds were budgeted at $50,000 for rehabilitation expenses, and up to $24,999 in federal HOME funds may be used for buyer down payment assistance. There will be no impact on the general fund for ongoing operational expenses. Staff Recommendation: Approval Commission Recommendations: NA Attachments: South District Flyer for 1313 Sandusky Resolution Executive Summary: On February 20, 2024 City Council will set a public hearing for March 19, 2024 to consider a resolution authorizing the conveyance of 1313 Sandusky Drive as part of the South District Program. This will be the eighth home sold under the program. Background /Analysis: Under the South District Program, the City proposes to sell 1313 Sandusky Drive for $170,000. The City acquired the duplex at 1311-1313 Sandusky Drive in 2021 for $210,000 ($105,000 per unit) and converted it to a 2 -unit condominium. City funds were used to rehabilitate the home to sell to an eligible buyer. The home received the following improvements: • Air source heat pump furnace & water heater, both 100% electric • Upgraded 200 amp electrical service which can support a future EV charging station • Stainless steel refrigerator, dishwasher, range and microwave • Architectural asphalt shingle roof and gutters • Vinyl siding • All new windows and doors • Luxury vinyl plank flooring throughout • All new cabinetry and countertops • Fresh paint throughout • All new kitchen and bath plumbing fixtures • New light fixtures throughout • Interconnected smoke and carbon monoxide detectors • All new millwork (casing and baseboards) • New garage door openers and entry keypads • Additional attic insulation for an increased R-value • New concrete patio • Landscape grading, seeding, mulch and edgers. The sale of the home is $170,000. The $50,000 in City funds that were used to rehabilitate the property are not included in the sales price due to the anticipated appraised value. The sales price of $170,000 includes the City's purchase price, carrying costs, and rehab costs in excess of $50,000. The homeowner will be eligible for up to $24,999 in HOME down payment assistance. The remaining costs of the home will be financed through a private lender. The home features three bedrooms and two bathrooms. The buyer is a current resident of the South District neighborhood and has completed a homeowner education course and counseling through Horizons. R 1 1313 TWO, SANDUSKY L DRIVE 8 3BR 2BA Home For Sale $170,000 RECENT UPGRADES: • Luxury vinyl flooring • New cabinets and countertops • New high efficiency stainless steel appliances • New roofing, gutters, windows, doors and paint • New air source furnace &air source water heater • New garage door opener • New 200 amp electrical service • Attached garage • New attic insulation and more Prepared by: Susan Dulek, Frist Asst City Atty, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5030 Resolution No. 24-46 Resolution setting public hearing for March 19, 2024, on a proposal to convey a single-family home located at 1313 Sandusky Drive. Whereas, the South District Home Investment Partnership Program is an effort by the City to encourage home ownership and reinvestment in designated neighborhoods; and Whereas, the City purchases residential properties, rehabilitates them, and then sells them to income -eligible buyers; and Whereas, the City purchased a duplex at 1311-1313 Sandusky Drive, rehabilitated it, and converted it to a 2 -unit condominium; and Whereas, the City has received an offer to purchase 1313 Sandusky Drive for the principal sum of $170,000; and Whereas, this sale would provide affordable owner -occupied housing; and Whereas, this sale is conditioned on the family securing adequate financing for the purchase of the home. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Council does hereby declare its intent to convey the home located at 1313 Sandusky Drive, Iowa City, Iowa, also known as Unit B, 1311-1313 Sandusky Drive Condominiums, Iowa City, Iowa, for the sum of $170,000. 2. A public hearing on said proposal should be and is hereby set for March 19, 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 20th day of February J2024. Mayor Attest: ' City Clerk Approved by City Attor y's Office (Sue Dulek - 02/14/2024) Resolution No. 24-46 Page 2 It was moved by salih and seconded by Alter the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter x Bergus x Dunn x Harmsen x Moe x Salih x Teague Item Number: 11.a. CITY OF IOWA CITY COUNCIL ACTION REPORT February 20, 2024 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. Prepared By: Anne Russett, Senior Planner Reviewed By: Eric Goers, City Attorney Fiscal Impact: None. Staff Recommendation: No recommendation Attachments: City Attorney Memo- Appeal from HPC - COA for 811 E College Memo -811 E College St -HPC Appeal 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 Email response from City Attorney to Laura Westemeyer CITY OF IOWA CITY MEMORANDUM Date: 211512024 To: City Council From: Eric R. Goers, City Attorney Re: Appeal from Historic Preservation Commission's Issuance of a Certificate of Appropriateness for installation of a mini -split HVAC system with conditions at 811 E. College in the College Green Historic District (Feb. 20, 2024 Council meeting) The purpose of this memorandum is to set forth the rules that govern your consideration of the above - referenced appeal. Iowa City Code sets the standards for Historic Preservation appeals. "In deciding such appeal, the city council or the board of adjustment, as applicable, shall consider whether the commission has exercised its powers and followed the guidelines established according to this title, and whether the commission's action was patently arbitrary or capricious." Section 14 -8E -2(D)(3). That breaks down into two component parts. I'll discuss each in turn. 1. Whether the commission has exercised its powers and followed the guidelines established according to this City Code. Iowa City Code 14-38-3: Historic Review, empowers the Historic Preservation Commission "To ensure that material changes to exterior features of landmarks and properties in historic and conservation districts do not substantially alter or destroy the defining architectural character of a building, site or neighborhood." Section 14 -3B -3(C) of the City Code sets forth the approval criteria for decisions such as the one made by the Historic Preservation Commission in this case: C. Approval Criteria: Applications for historic review will be reviewed for compliance with the following guidelines and standards, which are published in the "Iowa City Historic Preservation Handbook", as amended: 1. Historic Districts And Landmarks: For properties located within a historic district or designated a historic landmark: a. "Secretary Of Interior's Standards For Rehabilitation", 1990 edition or subsequent revision thereof. b. "Iowa City Guidelines For Historic Preservation". c. Individual district guidelines: 2. Whether the commission's action was patently arbitrary or capricious. The "arbitrary and capricious" standard is a high bar for appellants to clear. "Agency action is considered arbitrary or capricious when the decision was made "'without regard to the law or facts.' " Agency action is unreasonable if the agency acted "'in the face of evidence as to which there is no room for difference of opinion among reasonable minds ... or not based on substantial evidence.' "" Doe v. Iowa Bd. of Med. Examiners, 733 MW.2d 705, 707 (Iowa 2007) (internal citations omitted.) This is a narrow review. Unlike a de novo review, Council is not entitled to substitute its judgment for that of the Commission. In other words, you may not reverse the Commission's decision merely because you disagree with it or would have decided it differently. Rather, if you find that the Commission exercised its powers and followed the guidelines established by law and that its decision was not patently arbitrary or capricious, then you must affirm the Commission's decision. If you find that the Commission did not exercise its powers and follow the guidelines established by law or did act arbitrarily or capriciously you may, in conformity with the provisions of the Historic Preservation Commission regulations, reverse or modify, wholly or in part, the decision of the Commission to impose the conditions contained in the Certificate of Appropriateness. In that case, you may make such decision as ought to have been made, following the standards cited above, and to that end you will have the powers of the Commission. In other words, you will stand in the shoes of the Commission and be bound by the same guidelines and rules that govern the Commission's decisions on applications for certificates of appropriateness. Again, this is true only if you find that the Commission failed to follow the guidelines or acted arbitrarily or capriciously. With respect to your deliberations in connection with this appeal, it is essential that you read the entire record of the proceedings before the Commission and all information submitted to you as part of the public hearing process before you. You are required to decide the appeal within a "reasonable time." If, at the Council meeting, you need any additional information in order to make a decision, you should continue the public hearing and defer a decision. The agenda item is only intended to give notice that a motion to decide the appeal may be made. The substance of that motion is, of course, unknown at this point, as that is up to you. If at the meeting you decide that you have all the information you need and no further time for deliberation is necessary, you should close the public hearing and decide the appeal. The motion to decide the appeal will be in the form of a motion to affirm or reverse, wholly or partly, or modify the decision of the Historic Preservation Commission concerning the application. The reasons for your decision must be clearly articulated. I will be available to answer questions at your meeting on February 201h. r �®,,CITY OF IOWA CITY MEMORANDUM Date: February 14, 2024 To: City Council From: Anne Russett, Senior Planner, Neighborhood and Development Services Re: Appeal of Historic Preservation Commission Decision for 811 E. College Street Introduction: The subject property is an apartment building containing 10 dwelling units located at 811 E. College Street in the College Green Historic District. The property is classified as a key property within the district. The property is owned by 811-819 East College Street Residential Cooperative, Inc. On December 14, 2023, the Historic Preservation Commission approved an application for the installation of a mini -split HVAC system subject to the following conditions: 1) piping on the north wall of the building and each side of the front projecting bay is relocated, 2) all additional piping is painted to blend with the building behind, and 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 applicant, Laura Westemeyer, has appealed the Commission's decision. On February 20, 2024, the City Council will hold a public hearing considering this appeal. The City Attorney provided a separate memo detailing the rules that govern your consideration of this appeal. Historic Review Background: The City of Iowa City has eight local historic districts, five conservation districts, and numerous local historic landmarks. These properties were designated as local historic resources by the City Council through the rezoning process. This designation requires that material changes requiring a regulated permit (e.g. building permit, mechanical permit) go through the historic review process. Per 14 -3B -3B-2 a "material change" is any act that adds new materials or otherwise modifies an exterior feature of a property and "Material changes" include alterations to the exterior features of a building or structure. Examples of a material change include alterations to the exterior features of a building, such as modifications to windows, siding, or porches. New buildings and demolition of existing buildings must also go through the historic review process. There are three levels of historic review, minor, intermediate, and major. Minor changes that demonstrate compliance with the historic preservation guidelines can often be reviewed and approved by staff or via an intermediate review by staff and the Chair of the Commission. More significant exterior changes require a major review by the Historic Preservation Commission. Appeals of major reviews of properties in a Historic District are heard by City Council. Timeline: The College Green Historic District was created in 1997 (Ordinance No 97-3777). The property owner purchased this property in December 2012. Since approximately 2003, the City has mailed out annual reminders to property owners within Local Historic Districts letting them know that exterior modifications require historic review. The current owners should have received notices from 2013-2023. The project, which included the installation of a new mini -split and HVAC system was completed without historic review and also without the required mechanical permit. This is a violation of City zoning ordinances and Building Code. Below is a summary of the timeline of events. February 14, 2024 Page 2 October 2021: Based on Google imagery from October 2021, at least some of the work was already completed. These images show white piping along the eastern and northern (front) fagade of the building. July 2022: Urban Planning staff received 3 separate citizen complaints regarding the external piping. Urban Planning staff investigated the complaint and determined that work had been done, that no permits had been applied for or issued. The work appeared to be the installation of air -source heat pumps also called mini -splits. This system consists of an exterior compressor/condenser unit and an interior air handling unit for each area, with piping connecting them. Planning staff notified the owner of the property by email of the violation, that they need to apply for both a mechanical permit and historic review for the work they already completed. August 2022: Building Inspection staff created a code enforcement case (BLD22-0008), for the violation of the zoning and building code of work without a permit and also performed a code enforcement inspection to confirm the existence of the violation. September -October 2022: A mechanical permit application was submitted by Barry Westemeyer. Building Inspection staff processed the permit application (MEC22-0057) including assessing fees, accepting payment, issuing the permit, and placing a hold or "Stop Work Order" on the permit noting that historic review approval was necessary before any work completed or to be completed could receive a passing building inspection. January 2023: Laura Westemeyer submitted a historic review application (HPC23-0002). In early 2023, staff was working with the applicant on a historic review application for another property under their ownership. After that application was approved, Urban Planning staff reached out to the applicant, Laura Westemeyer, in April 2023 regarding the 811 E. College Street property application. April 2023: Staff provided a summary of historic review requirements, explained the work as completed would be a major review requiring approval by the Historic Preservation Commission, and a summary of the guidelines. June 2023: Staff reached out to Laura Westemeyer. She said that Barry Westemeyer would be handling that project from now on. The following week staff received an email from Barry Westermeyer requesting to meet at the property. Staff replied with their availability and again explained that staff could not approve the work unless some of the piping was relocated to the rear of the building. Staff received no response. November 2023: Staff reached out again to both Barry and Laura Westermeyer via email. Due to the amount of time that had passed since the initial complaint with no resolution of the code violation, staff proposed putting the application on the Historic Preservation Commission's December 14, 2023 agenda. Once the agenda was published, staff notified the applicant of the meeting and provided them with the packet. December 2023: The Commission considered the proposed project and voted to approve a Certificate of Appropriateness (COA) with conditions directing the owner on the appropriate changes to meet the Historic Preservation Guidelines. The applicant was also encouraged to work with their contractor and staff should an alternate design to that of the COA needing additional historic review be proposed. Historic Preservation 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 February 14, 2024 Page 3 used in staff's review and recommendation regarding the project came from Section 10 of the Historic Preservation Handbook, which are from the Secretary of the Interior's Standards for Rehabilitation. The Historic Preservation Handbook was originally adopted by resolution by the City Council in September 2010 (Resolution No. 10-390). The Handbook is also adopted by reference in 14 -3B -3C of the zoning code. The applicable guidelines from Section 10 of the Handbook include: • 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. Staff also provided the Commission with considerations for radon installation system, which have similar conditions to mini -splits, including piping on the exterior of the building. Radon installation systems have been reviewed by the Historic Preservation Commission many times and were approved for staff review in 2010 provided they meet specific conditions. staff 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. Approval of a Certificate of Appropriateness: The Guidelines outlined above speak to the importance of retaining the historic character of a property, avoiding the removal of historic materials, preserving distinctive finishes, and not destroying historic materials. Due to the impacts of the project on historic materials, including masonry and the decorative brick arches on the front fagade, staff's recommendation to the HPC addressed these issues for the piping located on the front fagade of the building. In these locations the impacts to the historic character and historic materials were most impactful and visible. Staff recommended locating some of the piping (See Figure 1) and units on the back of buildings or on roofs where they are not visible from the street as in past projects. The Historic Preservation Commission accepted staff's recommendation and voted to approve the work with the condition that the applicant relocate wherever possible the exposed piping on the areas of the building most visible to the public. This included the north (front) fagade of the building, as well as the exposed piping on the front projecting bay of the building. In other locations, the additional piping could remain but was required to be painted to blend in with the brick. The Commission also required that any damaged brick be repaired following the removal of relocated piping. Additional materials included in the City Council agenda packet include the staff report to the Commission, the HPC final meeting minutes, and the Certificate of Appropriateness. �+s I %� R , i �!� � f� • .k a a NOW 1' T[ h _ � LAR I� ' •`� f I , � 5 � I •` T� � 13� � L y- �� `j••- �L� j` Ill - _. ]JI� ti I 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 From: Enc Goers To: *City Council Subject: FW: Historic Preservation Hearing, Feb 20 Date: Thursday, February 15, 2024 5:10:24 PM Attachments: imaae003.ono Sending this again to ensure wider distribution. Eric R. Goers (he/him/his)* City Attorney 410 East Washington Street Iowa City, IA 52240 319-356-5030 eeoe rs C@ iowa-city. ore ^VMS CITY OF IOWA CITY UNESCO CITY OF LITERATURE *1 include my pronouns in my email signature so people know how they should refer to me and so those who receive my email know I am interested in how I should refer to them. owa City Transit is now FARE FREE! rn IOWA CITY leamore at ICGOV.ORG/FAREFR FARE FREEEE Notice: Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the internet, the City Attorney's Office cannot assure that such messages are secure. You should be careful in transmitting information to the City Attorney's Office that you consider confidential. If you are uncomfortable with such risks, you may decide not to use e-mail to communicate with the City Attorney's Office. Without written notification that you do not wish to communicate with the City Attorney's Office via e-mail communication, the City Attorney's Office will assume you assent to such communication. This message is covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510-2515, is intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the attorney-client privilege. It should not be forwarded to anyone else without consultation with the originating attorney. If you received this message and are not the addressee, you have received this message in error. Please notify the person sending the message and destroy your copy. Thank you. From: Eric Goers Sent: Thursday, February 15, 2024 4:53 PM To: 'Laura W' <Irwestemeyer@gmail.com> Cc: Bruce Teague <bteague@iowa-city.org>; Mazahir Salih <MSalih@iowa-city.org>; Laura Bergus <LBergus@iowa-city.org>; Andrew Dunn <ADunn@iowa-city.org>; Shawn Harmsen <SHarmsen@iowa-city.org>; Joshua Moe <JMoe@iowa-city.org>; Megan Alter <MAlter@iowa- city.org> Subject: RE: Historic Preservation Hearing, Feb 20 Ms. Westemeyer, As I mentioned in our last conversation, I am unable to give you legal advice forthis matter. If you have secured private counsel, as I recommended, please share this with them. Hopefully you have received the memo I wrote to Council regarding the legal standards and procedures for HPC appeals. Some of your questions are addressed there. My additional answers are below in red. Eric R. Goers (he/him/his)* City Attorney 410 East Washington Street Iowa City, IA 52240 319-356-5030 eeoe rs (@ iowa-citv.ore � r _ S CITY OF IOWA CITY UNESCO CITY OF LITERATURE *1 include my pronouns in my email signature so people know how they should refer to me and so those who receive my email know I am interested in how I should refer to them. FARE [p[[ Iowa City Transit is now FARE FREE! _� ak IOWA CITY Learn more at ICGOV.ORG/FAREFREE Notice: Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the internet, the City Attorney's Office cannot assure that such messages are secure. You should be careful in transmitting information to the City Attorney's Office that you consider confidential. If you are uncomfortable with such risks, you may decide not to use e-mail to communicate with the City Attorney's Office. Without written notification that you do not wish to communicate with the City Attorney's Office via e-mail communication, the City Attorney's Office will assume you assent to such communication. This message is covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510-2515, is intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the attorney-client privilege. It should not be forwarded to anyone else without consultation with the originating attorney. If you received this message and are not the addressee, you have received this message in error. Please notify the person sending the message and destroy your copy. Thank you. From: Laura W <lrwesternleyerRRrnlall.corn> Sent: Wednesday, February 14, 2024 2:42 PM To: Eric Goers <egoersPiowa-citv.orE> Cc: *City Council <CitvCouncilRiowa-citv.orE> Subject: Historic Preservation Hearing, Feb 20 A ** 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, I am the owner of an apartment building at 811 E College Street. I appreciate your time helping with my questions in advance of the City Council meeting on Tuesday, Feb 20, 2024. We installed mini split air conditioners in our building, and the Historic Preservation Commission (HPC) deemed that the project had significantly altered the exterior features of the building. We believe the project to have negligible effects on our building's facade and to also be in the best interest of preserving our building's lifespan, livability, and efficiency. We are appealing this decision to the City Council and would like more information on the processes that involve the HPC and perspective on our own path forward. During the HPC meeting that considered our project, a commission member noted that mini split units are not an item that was listed in the Iowa City Historic Preservation Handbook as requiring Iowa City Historic Review. Another commission member referred to requirements of the Department of the Interior as the governing body empowering them to regulate this project. I have attached a document from the State Historic Preservation Office of Iowa stating that "no federal or state regulations prohibit owners from altering, renovating, remodeling, or even destroying their listed properties unless the project uses federal money, licenses, or permits or state funds through grants or tax credits." Question 1: To help us with our understanding of this process, what empowers the commission, or more broadly the City, the oversight of our mini split installation? City Code 14-36-3(6): B. Applicability: 1. If a material change that requires a regulated permit, as defined in chapter 9. article B, "Historic Preservation Definitions", of this title, is proposed for any property located in a historic or conservation district or to a property that has been designated a historic landmark, historic review is required. A minor, intermediate, or major review will be conducted as applicable, and as set forth in chapter 8. article E, "Historic Preservation Commission Approval Procedures", of this title, and if approved, will result in the issuance of a certificate of appropriateness or a certificate of no material effect. (Ord. 05-4186, 12-15-2005) How does the Department of the Interior provide the HPC oversight beyond the written Iowa City Historic Preservation Guidelines? The Department of the Interior publishes the "secretary of Interior's Standards for Rehabilitation" which is incorporated into our zoning code by reference in 14 -3B -3(C). Our electrical contractor, Advanced Electric, received a permit for the installation of the electrical for the mini split project October 2019. True, but that was only one part of the approval process required to resolve the zoning code violation. Question 2: Are there any expectations for city officials to notify the HPC when a permit is pulled for a project in the Historical District, or does the full responsibility fall upon the property owner? Like most zoning codes, it is incumbent on property owners to comply with relevant code. Staff is always here to answer questions about compliance, and letters go out to all property owners in the historica districts to remind them of their obligations. The Iowa City Historic Preservation Handbook states that "the Purpose of Historic Review is to preserve or conserve historic architectural resources by discouraging alterations that either destroy the unique characteristics of a building or alter the character of historic neighborhoods." Question 3: How does the city define what qualifies as "destroying the unique characteristics of a building"? In our zoning Code we define "material changes" and apply the adopted historic guideline standards and historic review process. "MATERIAL CHANGE: Any act that adds new materials or otherwise modifies an exterior feature of a property. Material changes include alterations to the exterior features of a building or structure, demolition of a building or structure, demolition of a portion of a building or structure, and new construction on a property, including construction of any new street access drives." Iowa City Code 14-913-1. Question 4: What authority or enforcement mechanisms does the HPC have at their disposal in their goal of "discouraging alterations"? Court enforcement. That is found in Iowa City Code 14-7C-5: A. Penalties: 1. The owner or manager of a building or premises in or upon which a violation of any provision of this title has been committed or exists or the lessee or tenant of a building or premises in or upon which violation has been committed or exists or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation exists or who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this title may be found guilty of a simple misdemeanor or municipal infraction or environmental infraction as provided for in title 1, chapter 4 of this code and shall be subject to the penalties specified in subsection 1-4-2D of this code, except for environmental infractions, which shall be subject to the penalty for same as specified in subsection 1-4-2132 of this code, as amended. Each day that a violation occurs and/or is permitted to exist constitutes a separate offense, and civil and/or criminal penalties shall be computed accordingly. (Ord. 06-4245, 12-12-2006) 2. In case any building or structure is installed, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this title, the appropriate authorities of the city, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful installation, construction, reconstruction, alteration, conversion, maintenance or use or to correct or abate such violation or to prevent the occupancy of said building, structure or land. 3. Any person who constructs, alters, relocates or demolishes any designated landmark or a building or structure in a historic or conservation district in violation of this title may be required to restore the subject building or structure to its appearance or setting prior to the violation as required and approved by the historic preservation commission. (Ord. 05-4186, 12-15-2005; amd. Ord. 07-4253, 2-20-2007) Question 5: If we do not receive a favorable vote in our appeal to the City Council but still want to continue with what we consider best practice to avoid a lifetime of additional maintenance, and do not concede to the recommendations of the HPC, what would be the penalty or fine? Who would have the authority to administer it? The City would likely file a municipal infraction and seek a court order requiring compliance with the law. There are civil penalties associated with that route as well. I have spoken to several neighbors in the College Green Historical District about the challenges they have faced with the HPC in attempts to update windows, soffits, roofs, and other structures. I believe the HPC to be a wonderful community resource that does commendable work, but the difficulties that can be created by their oversight means that many in the neighborhood would prefer to not fall under their jurisdiction. The HPC can be a hindrance in maintaining efficient and livable conditions with its prioritization of exterior appearance over all other considerations. The Manville Heights neighborhood, which has several homes on the Historic Register, is not a designated Historic District. Their residents resisted this designation and still enjoy a beautiful neighborhood in Iowa City with very strong home values. Question 6: If there is consensus among those in the College Green District that they do not want to continue to be a designated Historic District, are there means with which they can disassociate with the designation and no longer fall under the jurisdiction of the HPC? That would require a rezoning before Council to remove the overlay zoning. Thank you very much for your time. Respectfully submitted, Laura Rother Westemeyer 319-466-9428 LRWestemeyerlaamail.com � r ix. �nl gy ,:Tq City Council Supplemental Meeting Packet CITY OF IOWA CITY February 20, 2024 Information submitted between distribution of packet on Thursday and 4:00pm on Monday. Late Addition(s): 7.g. Support of DVIP's State HOME ARP application Resolution of support for the Domestic Violence Intervention Program's State HOME ARP application and commitment to provide local match funds to acquire land for up to six attached single-family homes. Comment: This item supports the Domestic Violence Intervention Program's application to the State of Iowa for HOME ARP funding. The support includes $270,000 in funds to acquire property for the construction of up to six attached single-family homes for those fleeing domestic violence. Staff have entered into a purchase agreement to sell a City -owned Lot 10, Lindemann Subdivision -Part Eight subject to City Council approval. Late Hand 11.a. Appeal of Historic Preservation Commission Decision - See correspondence from Beth Gehring, Reid Dempsey February 20, 2024 City of Iowa City Item Number: 11.a. CITY OF OF IOWA CITY �fil COUNCIL ACTION REPORT February 20, 2024 Appeal of Historic Preservation Commission Decision - See correspondence from Beth Gehring, Reid Dempsey Attachments: Council correspondence - Beth Gehring Council correspondence - Reid Dempsey 1 r, OL. Kellie Grace From: Beth < bg81 1 @mediacombb.net> Sent: Saturday, February 17, 2024 4:33 PM Late Handouts Distributed To: *City Council Subject: 811 E. College St. Late Packet addition_ Attachments: We sent you safe versions of your files; letter for 811.dacx (Date) 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. Please add the attached letter to the Council Late Packet prior to the meeting Tuesday, February 20. Thank you Beth Gehring I Beth Gehring 811 East College Street 1-2 Iowa City, IA 52240 02117124 Dear City of Iowa City Councilors, I am writing today as a resident of 811 East College Street, where I have lived for 7 years. I have lived in apartments on both the first and third floors and currently reside in the garden apartment, where I enjoy views of the yard from every window. Since I moved in, in 2017, it has been my pleasure to care for the grounds, and I have been encouraged and trusted to make design and materials choices. Over the years I have installed a wrought -iron fence along an existing sidewalk, built a raised garden bed, cultivated a vegetable garden and wildflower bed, planted hundreds of bulbs and tended several beds of hostas, lilies and native plants. I have been free to make the gardens my own and am grateful for the trust and support of Barry and Laura Westemeyer in my efforts. There was a time when open windows, cross breezes, and ceiling fans cooled the apartments in the building, and steam heat was provided by a network of underground pipes connecting the boiler in the basement of the carriage house to radiators in every room of the ten apartments. In the summer of 2017, apartment 3-4 was cooled by a single window air conditioner. The unit was noisy, dripping, and precariously balanced inion the window frame. The AC did little to cool the rooms on an 80 degree day, of which there were 115 that year. Heating each apartment with steam came with banging pipes and difficult to control heat delivery; in the apartments at 811, too much heat, noisy pipes, and waste (windows were kept open into January) characterized the winter months. The mini split unit heating/coolers have provided tenants the control they are entitled to as residents of 811. The units have been properly installed into each apartment, are energy efficient, quiet, release condensation in a way that does not damage the building, and allow individual control of the thermostat. The Westemeyers are to be commended for their sustainable, forward -thinking solution, for giving their tenants agency, and for bringing (the wonderful) 811 East College Street into the 21st century. With regards, Beth Gehring f 1(. 0z Kellie Grace From: Reid Dempsey <rdempsey300@gmail.com> Sent: Monday, February 19, 2024 9:57 AM To: *City Council Subject: Council packet, 811 E College Late Handouts Distributed Attachments: We sent you safe versions of your files; PreservationCommissionLetter_Dempsey.pdf ,-!2- i5 -.;y- {Date} RESV( ** 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. Dear IC Council Office, I've been asked by Laura Westermeyer to forward this letter regarding 811 E College Street for inclusion in the council packet. Best, Reid Dempsey February 12�, 2024 Iowa City City Council 410 E. Washington Street Iowa City, Iowa 52240 Dear City Councilors, I have lived at 811 E. College Street since the summer of 2019; my tenancy predates the installation of the AC system under consideration in this matter. As such, I'm uniquely positioned to discuss the changes these new units have made to the beautiful apartments of 811, and to the quality of tenant life inside them. The Council and the Historic Preservation Commission would agree, no doubt, that in years past, the springtime budding of window -mounted AC units in our brick and limestone facade was an anachronistic and effectively permanent eyesore. I promise they gave no more aesthetic pleasure inside: jittery, loud, and drooling, they were all but worthless in the summer heat, and without control for humidity or their own leech, they were a constant threat to our oak casements, our lime plaster walls, and the tuck pointing of the immaculate brickwork outside. Our new AC system, however, is quiet, energy efficient, and powerful. Dehumidified, the walls and woodwork of my apartment suffer less seasonal stress in temperature and damp, and throughout the building, our bedrooms are cool in summer and warm in winter. Our well-being has improved remarkably with the advent of this system, and with an academic's respect for the highest purpose of the Historic Preservation Commission, I invite the Council to consider the extent to which our well-being is, in a sense, inseparable from the building's. In an age of corporate apartment blocks, predatory rents, and unaffordable family homes, the hospital at 811 houses artists, writers, translators, retirees, educators, and city employees. I am not, typically, in the habit of defending landlords, but the thoughtful and humane stewardship of 811 by the Westermeyer family should be a model for Iowa City property owners, a great many of whom have neglected or eviscerated buildings of similar age and magnificence in the neighborhoods between Brown Street and Summit Street. Here, however, life is still affordable for the people who have historically made Iowa City a special place to live. Here, my seventy -year-old floors gleam, my twelve -foot ceilings remain unlowered, and in my kitchen—once a hydrotherapy spa—not so much as a sawtooth has been knocked loose from the glass -fronted instrument cabinets. For these acts of social and architectural preservation, the Westermeyers and LJL Properties deserve the respect of the Council, and a certain amount of grace. At the very least, I implore the Council not to mistake a facade for history, or fail to see our lives for the bricks that shelter them. With respect from College Street, Reid E. Dempsey, MFA PhD Candidate, University of Iowa Circulation Page Iowa City Public Library 1 r i �► �iwr®���� City Council Supplemental Meeting Packet CITY OF IOWA CITY February 20, 2024 Information submitted between distribution of the Supplemental Meeting Packet 1 (if any) on Monday and 3:00 pm on Tuesday. Late H 11.a. Appeal of Historic Preservation Commission Decision - See correspondence from Veronica Tessler, Laura Westemeyer (x2). - 12.a. Charter Review Commission - See email from Councilor Dunn. February 20, 2024 City of Iowa City Item Number: 11.a. CITY OF OF IOWA CITY �fil COUNCIL ACTION REPORT February 20, 2024 Appeal of Historic Preservation Commission Decision - See correspondence from Veronica Tessler, Laura Westemeyer (x2). Attachments: Council correspondence - Veronica Tessler Email from Laura Westemeyer - Shive Hattery correspondence Email from Laura Westemeyer - Davis Heating correspondence -�i 1(. O., Kellie Grace From: Veronica Tessler <veronicatessler@gmail.com> Late Handouts Distributed Sent: Monday, February 19, 2024 4:04 PM To: *City Council Subject: Re: 811 E College Street a - �). a a (Date) R Sit ' This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments..* Dear City Councilors, I lived at 811 E College from January 2010 through July 2018. During that time the building was sold to the Westemeyer family, at which point some necessary upgrades to the building were made with the utmost respect for the property and the tenants. Now as a homeowner down College Street, I stroll by the building daily with much admiration for the improvements they continue to make to their property and countless fond memories from living there. Iowa City would be better off if more property owners had the care and attention to their properties and tenants as Laura and Barry Westemeyer do. Sincerely, Veronica Tessler Kellie Grace # 1(. CL, Late Handouts Distributed From: Laura W <Investemeyer@gmail.com> Sent: Tuesday, February 20, 2024 1:15 PM — 0 O —a To: *City Council (Date) Subject: Please see attached, thank you. Attachments: We sent you safe versions of your files; 811 E College Street.pdf ** 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. SHIVCFIA'ITC-RY A R C H IT E C T tI RE*ENGINE E R I N G February 19, 2024 Historic Preservation Commission Iowa City - City Hall 410 East Washington Street Iowa City, IA 52240 RE: Certificate of Appropriateness — Installation and Best Practices of Minisplit Heat Pump HVAC Systems To whom it may concern, This letter will serve as our review and recommendation for the installation and best practices for minisplit heat pump HVAC systems. Shive-Hattery was contacted by Laura Westemeyer, owner of the property at 811 East College Street, to provide our professional opinion for the installation of the minisplit heat pump HVAC systems that are utilized for heating and cooling in the tenant spaces. The system that was installed at 811 E College Street is a split system heat pump (Figure 1). A split heat pump system consists of an exterior and interior unit that has refrigerant piping routed between the two units that provides both heating and cooling as well as condensate piping that provides a path for water and moisture that is removed from the air to exit. Some benefits of these heat pumps are that they are great to use in renovations and can provide heating and cooling with very minimal demolition to the existing/surrounding space. This is a widely used and very versatile system, that provides excellent comfort to the end user while being extremely energy efficient compared to other more traditional HVAC systems. This system provides heating and cooling by using electricity, eliminating the need for natural gas to heat the building. The submittal sheet from the manufacturer has listed and published constraints on the unit including the maximum interunit piping length of 65.625 feet as well as a maximum interunit height difference of 49.25 feet (Figure 2). Rerouting of the refrigerant piping to a location on the back of the building and back to the unit could in some cases cause the maximum piping length to be exceeded. It is considered best practice to install refrigerant piping in shorter lengths to help with system performance. The indoor unit is installed on an exterior wall to provide heating/cooling to the tenant space. The piping connections are in the back of the unit as indicated in Figure 3. This would require the piping to be routed from the unit to the exterior. Depending on the exact location of the indoor units' alternative routes of the piping seem much more difficult. Routing the refrigerant piping through other tenant spaces can pose issues. • Condensation can form on the pipes, which can lead to mold if not monitored and remediated. • Noise from the refrigerant flowing through the piping. • The chance of a tenant puncturing the refrigerant piping if they try to put a fastener in the wall where the piping is routed. In summary, the HVAC systems that were installed were done so per the manufacturer's installation instructions and widely accepted best practices. The method in which they were installed ensures easy maintenance by contractors, reduces the risk of mold formation in the building, and meets manufacturer's constraints on refrigerant piping. Project 2240003440 800.798.0313 1 shive-hatterycom ■ Figure 1: Daikin Heat Pump: i PA �f s AMMER Figure 3: Back and Side View of Indoor Unit: 6 OW mm) I ..._� DIRECTION VM—LE RANGE GAS PIPE W8109.5 mm) CuT / (THE LENGTH OF PIPE OUTSIDE DRAIN HOSE THE UNIT: ABOUT 14-31161360 mm)) (CONNECTING PART 1.0. 09116 (014 mm) LIQUID PIPE 0114 (96.4 mm) CuT O D. 9518 0016 mm) (THE LENGTH OF PIPE OUTSIDE (THE HOSE LENGTH OF OUTSIDE THE UNIT: ABOUT 16-1 (410 mm)) THE UNIT IS ABOUT 18-112 (470 mm)) Sincerely, `*,%0"OFESSIONgC< SHIVE-HATTERY, INC. _ SAC16NSIP C. ✓ . 26299 Ethan Bachinski Mechanical Engineer DRAIN HOSE LIQUID PIPE 'GAS PIPE Page 2 of 2 Project2240003440 I Date -February 19, 2024 SHIVEHA?TEPY nicll„FI IUOF£I�V�'r El Ylay Kellie Grace Late Handouts From: Laura W <Irwestemeyer@gmail.com> Sent: Tuesday, February 20, 2024 1:58 PM To: *City Council Subject: Please see attached (Date) Attachments: We sent you safe versions of your files; TO LAURA AND BARRY WESTEMEYER.pdf ** 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. TO: LAURA AND BARRY WESTEMEYER RE: 811 COLLEGE STREET FROM: TODD DAVIS, DAVIS HEATING AND AIR It is my understanding that the primary goal for this historic site is to preserve the structural building to the best of our abilities for the public and the tenants who reside at the property. The initial location of the lines was used as the best option for the longevity of the building and for the units to operate at the best efficiency without damaging the building. All visible lines are enclosed with speed channel which is a screening material that is painted to match the building. Moving the lines in the way suggested by the Historic Preservation Commission, in my opinion, would not only put at risk the structural interior and exterior of the building but also create additional maintenance issues that could damage the interior, plus it would also cause unnecessary monetary expense to the owner. The structure of the building should preside over all other deliberations as this is the aspect that will have the greatest longevity for this property to be enjoyed by the public for future years. MOVING LINES IS NOT ADVISED: • MOVING LINES TO THE INSIDE OF THE STRUCTURE FROM THE OUTSIDE WOULD CREATE AFIRE CODE VIOLATION. • RUNNING LINES FROM ONE CONDITIONED SPACE THROUGH A NON -CONDITIONED SPACE INTO ANOTHER CONDITIONED SPACE WILL CAUSE CONDENSATION ISSUES. • MOVING LINES WOULD CAUSE STRUCTURAL PROBLEMS WHEN DRILLING FROM THE FLOOR TO CEILING AND FROM THE CEILING TO THE ROOF. • HOLES IN THE RUBBER MEMBRANE ON THE ROOF WOULD BE IMPOSSIBLE TO SEAL TIGHTLY AT THE EDGE OF THE ROOF WHERE IT MEETS THE OUTSIDE WALL. • THERE WOULD BE A NOISE TRANSFER PROBLEM FROM ONE UNIT TO THE NEXT AS THE LINES GO UP TO THE ROOF. • DRAIN PUMPS WILL NOT PUMP FROM SECOND FLOOR TO ROOF AS PUMPS ARE NOT DESIGNED TO LIFT THAT DISTANCE. • DRAINS WILL STILL NEED TO EXIT THROUGH THE SIDE OF THE BUILDING. THERE IS ONE ON EACH LINE. • REMOVAL OF THE EXISTING LINESETS WOULD CAUSE DAMAGE TO THE EXISTING EXTERIOR AND ROOF AND THE ROOF WOULD NEED PATCHED BY A ROOF CONTRACTOR. To move the 5 line sets on the North and West side of the main building, estimated cost for materials is $8,920.00. Estimated cost for labor and lifts is $10,000.00. Structural and roof repair to be done by others and is not included in this estimated cost. Item: 11.a HANDOUT DISTRIBUTED TO COUNCIL IN MEETING: By: Laura Westemeyer, Property Owner � r � CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org Handout by Laura Westemeyer love this building and all it brings to our team of tenants and our community. Being a landlord of an old building is an arduous journey. I hope you can see from these photos how hard I have worked, with an amazing team of tenants and contractors, to do my best and to be a good steward for others to have happy productive lives. } _'- 'ter► r ,; 7 ,� /,,,j • s c u c h 1 I tt i y >R _ r E Poe_ _ 1 F _ .y h a Local contractor poured concrete to keep water from pooling and icing over in winter, much safer to HONEYWELL HOME Hot Water and Steam Boiler Radiator Actuator: Thermostatic Radiator Valve hem 3UC67 MfrM.&I T104A1040 TaG iTBGPr0 xuan. Local contractor attached radiator valve to help control heat and noises from knocking because of steam boiler. Mini -split ductless heat pumps installed that heat and cool the apartments. via pnoio or winaow towel is there to grab moisture. un Mona loves her spot there. to surprise us with floor paint. Older kitchen still functioning well. h Updated kitchens as needed to for more function The wardrobes in each 3rd floor apartment and beautiful and untouched. WF", r 7 y 1. srs' •iwr 6» .« w } 4± u�lr s W I � 1 ®MIM !R +1r. M..Jwhit �1. SiMii w ra 'F I �MI Y1 I,•Y urlN�'Y wW� WMi Y M 6" t 9ani * 1 ui Nis - i.. ep 1 1 t, a Iowa City Historic Preservation Commission Cnv1K4l0 F Vl hivgeou Surs rma6ry. IA. 5240 CERTIFICATE OF APPROPRIATENESS 811 (811 %) Ent College sf r t On November 14, 7019, preservation staff conducted a minor review and approved a Certificate of Appropriateness for the exterior stair and railing replacement project at 811 Si East College, the former carnage house a the tear of the former Rolubacl a Sanitarium (811 East College), a Iwy property in the College Green Hntoric District. The project involves the rep}acemern of the metal exterior stairs to the second floor of the car* house. The new stairs will be galvanized steel pained to blend with the building. The landings will be articulated witb posts to the ground regardless of whether or net they will be needed srnrntnlly. Tao of the existing support posts will be retained forthis penpose and replaced to match the newduritg a ferrite project that will replace the low railing cutreurlya[ grade The trip rail will be supported byimemediam posts perpendicular to the ground, located a each change of slope and regularlyspaced mid -slope. Instead of regularly spaced spindles tithe tailing, a wire mesh will be installed (similar to the existing condition) between posts to meet spacing requirement of the building code and lessen the visual impact of the stairs. This screening vill also be painted to match Asketch is attached Staff finds that proposed project meets the requirements set by the town Cray Hectors Preservation Comrnssion for ablirsor Review. All the ands shall be carried our such that h s comisten with the Iowa, City Mstone Preservarion Guidelines. The project, as presented in the application, is approved, as provided in City Code Section 14 -BE -2. Any additional wads that falls under the purview of the Historic Preservation Commission that is not specified in this ce[ificate will need a separate review. f-fismric Review Approval does not constitute final approval for a project. Contact the Building Depatttnem to acquire a building permit before beginning the project The Historic Preservation Commission does out reviewapp&atiom for compliance with zoning ordinance and building code. C�n"V,,;� nps.goy We followed these guidelines. meooenEea In4a11hmgaprop rammaoln ni—caia mnhelp.-, ng systems ��e mnre dnnenm Heating, Ventilating and Air Conditioning (HVAC) and Air Circulation Rataining and malnialaing functional and p pladng ealsgng HVAC systems without efficient HVAC systems. testlng Nein efficiency first. Upgrad'mg exisi HVAC Sy stems to Replacing HVAC systems prematcrely ipci,oasa cffciancy and perkrmancc within when existing systcros arc aperating nc mal replacement cyder. W,,cntly. Installing an energy-efhdent system that takes into amount whole bulUng performance and retains the historic character of the building and sit¢ when a new HVAC system Is necessary. 5upelementing the efficiency pf MVAC rnstalling an inefficient HVAC system or iastallln9 a new system based on pre - retrofit building performance when a smaller system may be mere appmpnate. The city puts forth expectations, and regardless of how hard you try to do your best, there are obstacles that can make it challenging for some to accomplish them all. Five years before I purchased this building I was unable to get a loan from the major local bank just 2 doors down from my business for $10,000. After a lot more trying, another banker gave me a loan for $5,000. Thankfully and with hard work and good luck, I was able to continue my passion to serve this community with my entrepreneurial spirit. We should want to encourage different backgrounds, cultural and financial situations into our historical areas, and to be successful incorporating them we have to be mindful. Untouched history isn't always the most important thing, and as we know with the change of the Johnson in Johnson County, sometimes it's for the good of all. END OF HANDOUT it T CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX WWW. i cgov. o rg Item Number: 11.b. CITY OF IOWA CITY COUNCIL ACTION REPORT February 20, 2024 Resolution authorizing the City Manager to sign Lease Amendment #2 to a Lease Agreement with Greater Iowa City, Inc. to renew their lease for the Merge space within the Iowa City Public Library, extending the lease for four years. 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: Resolution Lease Amendment #2 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 February 29, 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. Prepared by: Eric Goers, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution Number: 24-47 Resolution authorizing the City Manager to sign Lease Amendment #2 to a Lease Agreement with Greater Iowa City, Inc. to renew their lease for the Merge space within the Iowa City Public Library, extending the lease for four years. Whereas, on December 15th, 2015, after a public hearing, the City Council approved a Lease Agreement (Lease) with the Iowa City Area Development Group (ICAD) for 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 [CAD's use; and Whereas, the original term of the Lease ran from March 1, 2016 through February 29, 2020, with a stated opportunity for the parties to negotiate a second four-year term under the same terms and conditions, save the amount of rent; and Whereas, the Lease was extended for an additional four-year term running from March 1, 2020 through February 29, 2024 in Lease Amendment #1, approved by Council on December 17, 2019 via Resolution 19-300; and Whereas, the Iowa City Area Development Group, now doing business as Greater Iowa City, Inc., would like to extend the Lease for another four-year term; and Whereas, the parties have negotiated a lease renewal, memorialized in Lease Amendment #2, running March 1, 2024 through February 29, 2028, retaining all other terms of the Lease, 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; and Whereas, it is in the best interests of the City to approve said Lease Amendment #2 Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The attached Lease Amendment #2 to the Lease Agreement, as previously amended through Lease Amendment #1, with the Iowa City Area Development Group is approved by the City Council. 2. The City Manager is authorized and directed to execute Lease Amendment #2 attached hereto, to manage the Lease, and to negotiate and execute an additional Amendment allowing for a four-year option term running from March 1, 2028 through February 29, 2032 under mutually agreeable terms. Passed and approved this 20th day of February 120 24 7Attest: J r City Clerk Mayor Resolution No. 24-47 Page 2 Approved by: City Attorney' Office - 02/13/2024 It was moved by salih and seconded by adopted, and upon roll call there were: Ayes: Nays: Alter Absent: Alter Bergus Dunn Harmsen Moe Salih Teague the Resolution be 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 1 st day of each month thereafter up to and including the Il t 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 Gel ruin, City Manager CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Tenant: Iowa City Area Development Group, Inc., N , President On this i �A day of -lJ I' w , 2024, before me, the undersigned, a notary public in and for the State of Iowa, personally app red Geoff Fruin, to me personally known, who being by me duly swom, 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. KELLIE K GRACE i� a o Commission Number 8500% o w My C � miion Expires Notary Public in and for the State of Iowa IOWA CITY AREA DEVELOPMENT GROUP, INC. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) r On this day of 024, befor me, the undersigned, a Notary Public in and for the State of Iowa, persorWy appe d , to me personally known, who being by me duly swom, did identify +&r4mWArs Presi ent of a Iowa City Area Development Group, Inc., and acknowledge the execution of the instrument to be his`wn voluntary act and deed, and that of the Iowa City Area Development Group, Inc. Approv City Attorney Notary Public in and for the State of Iowa 2 CATHERINE SINNWELL GERLACH C Q " Commission Number 780563 My Commission Expires IOVII September 27, 2025 Item Number: 11.c. 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 CITY OF IOWA CITY COUNCIL ACTION REPORT February 20, 2024 Resolution authorizing conveyance of a single-family home located 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 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 c✓ Prepared by: Susan Dulek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 24-48 Resolution authorizing conveyance of a single-family home located 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, on February 6, 2024, the City Council adopted a Resolution proposing to convey its interest in 3351 Wintergreen Drive, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and Whereas, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 3351 Wintergreen Drive, Iowa City, Iowa for the sum of $206,000. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Resolution No. 94_4g Page 2 Passed and approved this 20th day of February, 2024. M or Attest: Ci Clerk Approved by/ G .rte City Attorn 's Office (Sue Dulek — 02/09/2024) It was moved by Moe and seconded by Salih the Resolution be adopted, and upon roll call there were: Ayes: x Nays: Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Item Number: 11.d. CITY OF IOWA CITY COUNCIL ACTION REPORT February 20, 2024 Resolution approving the project manual and estimate of cost for the construction of the Highway 6 East Water Main Replacement Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: 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: Mard VanDyke, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5044 Resolution No. 24-49 Resolution approving project manual and estimate of cost for the construction of the Highway 6 East Water Main Replacement Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above- named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Hwy 6 (Fairmeadows to Industrial Park Rd) Water Main Replacement Project, account #W3320. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 121 day of March, 2024. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 6:00 p.m. on the 19th day of March, 2024, or at a special meeting called for that purpose. Passed and approved this 20th day of Attest: 1 - 4J City C erk February 2024. Ma r Approved by G ' City Attor ey's Office (Sara Hektoen - 02/14/2024) Resolution No. _24_49 Page 2 It was moved by Bergus adopted, and upon roll call there were: Ayes: x x and seconded by Nays: Salih Absent: Alter Berg us Dunn Harmsen Moe Salih Teague the Resolution be Item Number: 11.e. CITY OF IOWA CITY COUNCIL ACTION REPORT February 20, 2024 Resolution approving 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 approves the Plan amendment. Doc ID: 032234520004 Type: GEN r Kind: RESOLUTION 1 Recorded: 02/26/2024 at 01:19:49 PQM 0— C Fee Amt: $22.00 Pape 1 of 4ot i Johnson County Iowa Kim Painter County Recorder BK6544 PG872-875 f city aP 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. 24-50 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of February 2024, all as the same appears of record in my office. Dated at Iowa City, Iowa, this *3 day of February 2024. AA� Cle, Kellie K. Grace City Clerk \res 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Sara Hektoen, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 24-50 Resolution approving 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, such amendment does not alter the primary objectives of the Plan to encourage the revitalization of commercial activity in the Area by creating an incentive to reinvest in non-residential commercial activities in the Area through rehabilitations, additions, or new construction and is consistent with the Iowa City adopted comprehensive plan. Whereas, pursuant to Resolution 24-32, the City Council did set and hold a public hearing on this amendment after timely publication of notice thereof in the Iowa City Press Citizen as provided by Iowa Code Chapter 404 and Section 362.3. Resolution No. 24-50 Page 2 Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: Section 1. The Highway Commercial Urban Revitalization Plan, Section 2 "Plan Components," Paragraph A, Subsection 4. "Prior Approval of Eligibility and Application for Tax Exemption" is hereby deleted and replaced with the following: Prior to commencement of any Eligible Improvements for which an owner intends to see a tax exemption allowed by this Plan, the owner may submit a proposal for the improvement project to the City. Applicants must identify which energy savings methods they will employ with the improvement to their property, including but, not limited to, 1) LEED certified construction, 2) investment in renewable energy (e.g., solar, wind, geothermal), or 3) use of electric appliances and equipment in lieu of natural gas where possible. The City Council shall review and approve by resolution projects that comply with this Plan and Iowa Code Chapter 404. Such prior approval shall not entitle the owner to exemption from taxation until the Eligible Improvements have been completed and found to be Qualified Real Estate; however, if the proposal is not approved, the person may submit an amended proposal for the City Council to approve or reject. An application shall be filed for each new exemption claimed and approved by the City Council pursuant to Iowa Code Section 404.4. The City Assessor shall physically review each first-year application pursuant to Iowa Code Section 404.5. Section 2. The Amendment No. 1 to the Highway Commercial Urban Revitalization Plan conforms to the general plan for the development of the City as a whole. All other provisions of the Plan not amended herein shall remain in full force and effect. Section 3. A copy of resolution shall be forthwith certified by the City Clerk to the Recorder for Johnson County, Iowa, to be filed and recorded in the manner provided by law. PASSED AND APPROVED this 20th day of February a or ATTEST: Ci Clerk City Attorney' ffice (Sara Hektoen — 0211512024) Resolution No. 24-50 Page 3 It was moved by ;aI ih and seconded by Alter the Resolution be adopted, and upon roll call there were: Ayes: Nays: x x Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Item Number: 11J. Executive Summary: In spring of 2021, City Council adopted the Highway Commercial Urban Revitalization Plan which allows for tax abatement on the improvement value of commercial property if that improvement adds at least 15% in new taxable value to the property. The property owner of the former Slumberland building in the Pepperwood Plaza has completed renovations which resulted in the opening of StoreLocal Iowa City self -storage facility and the South District Market micro -retail space. The property owner has applied for City Council approval of these improvements so that it may be eligible for the 3 -year property tax abatement allowed under the Plan. Background /Analysis: The Highway Commercial Urban Revitalization Plan was adopted to encourage the revitalization of commercial activity in the Revitalization Area by creating property tax incentives to reinvest in non-residential commercial activities through rehabilitation, additions or new construction. The Area is along the highway corridors, not typically incentivized through urban renewal efforts such as TIF. Eligible applications for tax abatement receive a 100% tax abatement on the new value created for 3 years, after which the full property tax bill will ensue. The goal of the program was to spur reinvestment in older building stock and new construction while incentivizing property owners and building the tax base. Property owners will still pay property taxes on land value and any building value prior to the improvement. Eligible projects must be approved by the City Council. Caleb Wilson of South District Investment, LLC, is seeking approval of his project which renovated an existing 36,818 s.f. of space to create a self -storage facility and 3,000 s.f. of space to develop a micro -retail market, known as the South District Market at 947 Highway 6 E, Iowa City, Iowa. CITY OF IOWA CITY COUNCIL ACTION REPORT February 20, 2024 Resolution approving eligibility for a tax exemption on an improvement project on commercial property located at 947 Highway 6 E, Iowa City, Iowa, pursuant to the Highway Commercial Urban Revitalization Plan. Prepared By: Rachel Kilburg Varley, Economic Development Coordinator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: 100% tax exemption on the new value added for a period of three years, subject to the determination of eligibility by the City Assessor Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Application Executive Summary: In spring of 2021, City Council adopted the Highway Commercial Urban Revitalization Plan which allows for tax abatement on the improvement value of commercial property if that improvement adds at least 15% in new taxable value to the property. The property owner of the former Slumberland building in the Pepperwood Plaza has completed renovations which resulted in the opening of StoreLocal Iowa City self -storage facility and the South District Market micro -retail space. The property owner has applied for City Council approval of these improvements so that it may be eligible for the 3 -year property tax abatement allowed under the Plan. Background /Analysis: The Highway Commercial Urban Revitalization Plan was adopted to encourage the revitalization of commercial activity in the Revitalization Area by creating property tax incentives to reinvest in non-residential commercial activities through rehabilitation, additions or new construction. The Area is along the highway corridors, not typically incentivized through urban renewal efforts such as TIF. Eligible applications for tax abatement receive a 100% tax abatement on the new value created for 3 years, after which the full property tax bill will ensue. The goal of the program was to spur reinvestment in older building stock and new construction while incentivizing property owners and building the tax base. Property owners will still pay property taxes on land value and any building value prior to the improvement. Eligible projects must be approved by the City Council. Caleb Wilson of South District Investment, LLC, is seeking approval of his project which renovated an existing 36,818 s.f. of space to create a self -storage facility and 3,000 s.f. of space to develop a micro -retail market, known as the South District Market at 947 Highway 6 E, Iowa City, Iowa. South District Investments, LLC invested approximately $3 million into the project and will receive a 3 -year 100% tax exemption only on any new value of the building generated by the improvements. The exemptions remains subject to the determination by the City Assessor that the improvements increased the real estate value by at least 15% and constitutes "Qualified Real Estate" as defined in the Plan. The property owner will still be responsible for property taxes on the land value for those 3 years, and after 3 years, will pay full taxes on both land and improvements. Application Date 1/17/2024 Owner Information Name" South District Investment, LLC Address" Street Address 947 Highway 6 E Address Line 2 City State / Province / Region Iowa City IA Postal/Zip Code Country 52240 USA Email" cwilson@southgateco.com Phone 3194664325 Tenant Information Name" StoreLocal Iowa City Address" Street Address 947 Highway 6 E Address Line 2 City State / Province / Region Iowa City IA Postal/Zip Code Country 52240 USA Email" cwilson@southgateco.com Phone Will this tenant be required to vacate the premises during the project?" Q Yes QQ No Will this tenant return to the property upon completion of the project?" Q Yes 0 N Project Information Address of Property Seeking Exemption" Street Address 947 Highway 6 E Address Line 2 City Iowa City Postal /Zip Code 52240 Estimated or actual project start date" 6/1/2022 Estimated or actual date of completion:" 3/31/2023 Estimated or actual cost of improvements" $ 3,000,000.00 Have you obtained building permits?" QQ Yes 0 No State / Province / Region IA Country USA Applicants must obtain all necessary permits and ensure all inspections are conducted and passed. If your project is complete, all permits must have a passing final inspection. If you have questions on building permits, please call Building Services at 319-356-5122. Building Improvements" Please describe project in general Renovation of existing 36,818 SF space to create self storage facility. (Former Slumberland). Also renovation of 3,000 SF of space from a Slumberland to the South District Market. Please check any of these specific energy efficiency measures you are making LEED (Leadership in Energy and Environmental Design) construction Investment in renewable energy (e.g., solar, wind geothermal) Use of electric appliances and equipment in lieu of natural gas where possible Please describe any other energy efficiency improvements that you will be making I certify that all information in this application is true and complete to the best of my knowledge, and that I have read and understand the Highway Commercial Revitalization Plan" Acknowledge Signature"