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HomeMy WebLinkAbout2024-10-01 ResolutionItem Number: 6.a. CITY OF IOWA CITY COUNCIL ACTION REPORT October 1, 2024 Resolution authorizing the procurement of Make Up Air Units. Prepared By: Tim Wilkey, Wastewater Superintendent Reviewed By: Ron Knoche, Public Works Director Kirk Lehmann, Assistant City Manager Susan Dulek, First Ass't. City Attorney Fiscal Impact: Funds for this purchase are available in Account #V3177. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Signed MAU Quote Executive Summary: A cooperative agreement between Racine County, Wisconsin, Omnia, and Trane Technologies allows local government agencies, including the City of Iowa City, to procure goods and services. The City's purchasing manual allows the use of cooperative purchasing agreements. The Iowa City Wastewater Department intends to purchase 3 Make Up Air Units for the Napoleon Park Lift Station utilizing the agreement. Background / Analysis: The Iowa City Wastewater Division requires the replacement of aging Make Up Air Units (MAU) essential for ventilating and heating the Napoleon Park Lift Station. MAU are crucial to healthy work environments in spaces like the Napoleon Park Lift Station, where substantial air exhaust is required due to the processes involved in wastewater screening and conveyance. The current units were installed in 2012, and due to the environmental conditions of their installation, they are aging rapidly. The units require significant repairs which will only briefly extend the life of the units. Reoccurring repairs makes replacing the units more cost effective than repairing them. b,0—, Prepared by: Tim Wilkey, Wastewater superintendent, 4366 Napoleon St SE, Iowa City, IA 52240 (319) 887-6106 Resolution No. 24-241 Resolution authorizing the procurement of Make Up Air Units Whereas, a cooperative agreement exists between Trane Technologies and Omnia for the purchase of Make Up Air Units (MAU); and Whereas, the cooperative agreement allows local government agencies to utilize the agreement to purchase goods and services from the contractor; and Whereas, the City of Iowa City Wastewater Division would like to utilize this agreement to contract with Trane Technologies to procure 3 MAU for the Napoleon Park Lift Station; and Whereas, the City's purchasing policy requires City Council to approve purchases for commodities and services over $200,000; and Whereas, over the course of this contract the City expects to expend approximately $245,948.00 for the purchase of 3 MAU for the Napoleon Park Lift Station; and Whereas, funds for this purchase are available in CIP V3177; and Whereas, approval of this purchase is in the public interest. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The proposed procurement as described is approved. 2. The City Manager is authorized to sign the attached agreement with the vendor and take whatever steps are necessary to effectuate future purchases including any amendments or renewals of said agreement. Passed and approved this 1st day of October 2024 e--- t Ma o Approved b ATTEST: e,�_W__d City Clerk City Attor ey s Office (Sue Dulek — 09/25/2024) Resolution No. 24-241 Page 2 It was move by Moe and seconded by saiih adopted, and upon roll call there were: AYES NAYS: ABSENT: the Resolution be Alter x Bergus x Dunn Harmsen Moe Salih Teague �t s 1 /��'A n , WY eT Tim Wilkey Job Name: Iowa City Water Treatment NPPS BLDG Make Up Air R Delivery Terms: Freight Allowed and Prepaid — F.O.B. Factory Scope of Work rr�vnr� �X R �.'•0. s August 12, 2024 Proposal ID: 7788335 Payment Terms: Net 30 Proposal Expiration Date: 30 Days "Scope of Work" and notations within are based on the following negotiated scope of work with Tim Wilkey and based on the site surveys performed on 0711212024. Material Provided Tan Data. Makeup Air Unit (Qtv: 31 Item Tag(s) Oty escri tion Model Number Al MAU-1 1 Makeup Air Unit FFJH-20 A2 MAU-2 I 1 Makeup Air Unit FFJH-18 A3 MAU-3 I i Makeup Air Unit FFJH-18 Product Data - Makeup Air Unit All Items Horizontal Industrial Heater Front Discharge Intake Hood 2" TA V-Bank Filter Section Direct Fired Burner TEFL Supply Fan w/ VFD Discharge Damper with Actuator Control Panel with 120V Heater Dischrage Temp Control Non -fused Disconnect Freezestat Smoke Detector (Field Installed) Gas Strainer (Field Installed) Gas Pressure Gages (Field Installed) 1-year parts & labor warranty Startup by Trane Mechanical Installation 1 R n N = Page 2024 Trane Technologies. All Rights Reserved 141.. oL0G.n g ConlidentialandPropdeiwylnfornntionofTreneU.S Inc. • Rigging and Hoisting • Build and provide 3 custom curbs • Demolition of 3 existing Rooftop Units • installation and gas piping of the new units. • Project Manager to run the installation and ensure we meet all safety requirements • Offload and Install new units Electrical Installation • 100% of all wiring requirements by owner Labor • Project Management — Site Installation and Safety Review. • Startup — log each Make Up Air Units. • 1st year labor warranty on the three Make Up Air Units EXCUS IONS DDC Controls of any kind ( Stand Alone Stat) Wiring and Controls Work of any kind Test and Balance Fire —Smoke Controls (Reuse Existing) Smoke Detection Performance Bond Taxes of any kind NOTE: The new units will be roughly 2 feet longerthan the existing. This will cause a more limited space to walk around the back of the units on the roof. A railing for safety may need to be added to the back Parapet Wall. 1 /� N = Pa e 3 of 91 © 2024 Trane Technologies. All Rights Reserved 9 ConfidentialandPropdsiaryInformationofTrzneUS Inc.. Pricing and Acceptance Tlm Wilkey Iowa City Water Treatment 410 E Washington St Iowa City, IA 52240-5224 BASE BID TURNKEY OF 3 MAU. Total Net Price (Including appropriate Sales and/or Use Tax, if required by law).................................................................................................... $ 231,405.00 ADD TO BASE BID for 50 Feet of fabricated wall protection railing prime and painted yellow. Also includes relocation of rock and steps . ...............................Total Add Cost $14,543.00 Financial items not included • Bid Bond • Payment and Performance Bond • Guarantee of any energy, operational, or other savings Respectfully submitted, Mike Loehr Trane U.S. Inc. Office Phone: (563) 4684900 I R A N = Page 4 of 11 © 2024 Trane Technologies. All Rights Reserved. b: T%C-0100-Conridentialand Proprietarylnfornrxatlon of Trne U.S fnc . ACCEPTANCE This proposal is subject to Customer's acceptance of the attached Trane Terms and Conditions (Installation). We value the confidence you have placed In Trane and look forward to working with you. Retention withheld 5% on installation, 0% on Equipment; rate reduced per the contract documents and released no later than the date of Trane substantial completion. Submitted By: Mike Loehr Cell: Office: (563) 468-4900 Proposal Date: August 12, 2024 nro�-nngcn nrncnr'nsti^-c r -rOAKIM Af'!`CDTA?�I�C Iowa City Water Treatment Trane U.S. Inc. Authorized r Auth prese iv Printed Nam / Printed Name Z66�,IZ Title Title�f Purchase Order Signature Date Acceptance Date: License Number: 1 /� N = Pa e 5 of 11 CD202d Trane Technologies. All Rights Reserved G, 9 Conridentialand Proprietary Information ofTrail e U S Inc TERMS AND CONDITIONS -COMMERCIAL INSTALLATION "Company" shall mean Trans U.S.Inc. for Work performed In the United Status or Trans Canada ULC for Work performed In Canada 1. Acceptance; Agreement These terms and conditions are an integral part of Company's offer and form the basis of any agreement (the "Agreement") rosulting from Company's proposal (the "Proposal") for the commercial goods andfor services described (the "Work"). COMPANY'S TERMS AND CONDITIONS AND EQUIPMENT PRICES ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. The Proposal is subject to acceptance In writing by the party to whom this offer Is made or an authorized agent VCustomar) delivered to Company within 30 days from the date at the Proposal. Prices in the Proposal are subject to change at any lima upon notice to Customer. If Customer accepts the Pmpa sal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer's ordershall be deemed acceptance of the Proposal subject to Company's terms and conditions. If Customer's order is expressly conditioned upon Company's acceptance or assent to terms andfor conditions other then those expressed herein, return of such orderby Companywith Company's terms and conditions attached orroferencedseries as Company's notice of objectian to Customer's terms and as Company's counteroffer to provide Work in accordance with the Proposal and the Company terms and conditions. If Customer does not rejector object in writing to Company within 10 days, Companys counteroNerwli be deemed accepted. Notwithstanding anything to the contrary herein, Customer's acceptance of the Work by Company will in any event constitute an acceptance by Customer of Company's terms and conditions, This Agreement Is subject to credit approval by Company. Upon disapproval of Credit, Company may delay or suspend performance or, at its option, renegotiate prices andfor terms and conditions with Customer. It Companyand Customerare unable to agree an such revislons, this Agreement shall be cancelled without any liability, otherthan Customer's obligation to payforWark rendered by Company to the date of cancellation. 2. 6onnertod-�'wrNicon,-tn-addiUo+►-io-chase•-Penns-and-aoadilkns,--the--Sennaated-Sawices--Tanns-ot-Seruise-(-GonFlardedl-ServiaeP-Terms'•),--available-at 6eetemeFWiti}6enflaGlea4�efV[ae5, 36�erlHaaya•u"tvureriawoo'vc".^w�''om.o`..�"`. -__. 3. Tltie and Risk of Loss. AN Equipment sales with destinations to Canada or the U.S. shalt be made as follows: FOB Customers foci hCQmpany16ks.S- rnanafasluan are r or-warehcuse (fag fralghlailowed?• 'fine and dsk of loss or damage to Equipment will pass to Customer upon tender of delivery at Customers feciliiv oFsuch-1o•waierwat C Pricing andTaxes.Utudogotherwisewarehouse, 4. Prising and Taxes. Unless otherwise noted, the price to the Proposal includes standard ground trensportatian and, if required 6y law, all sales, consume, use and similar taxes legally enacted as of the date hereof for equipment and material installed by Company. Tax exemption is contingent upon Customer furnishing appropriate certificates evidencing Customers tax-exempt status. Company shall charge Customer additional costs for bonds agreed to be provided. Equipment sold on an uninstailed baste and any taxable labodhubour do not Include sales tax and taxes will be added. Within thirty (30) days following Customer acceptance of the Proposat without addition ofany other terms and condltions alsole or any modification, Customer shell provide noutigcatian of release for immediate producllon at Company's factory. Prices for Work are subject to change at any lime prior to shipment to reflect any cost increases related to the manulacwre, supply, and shipping of goods. This lndudes, but is not limited to, cost Increasesin raw materiels, supplier components, labor. utilities;, freight, logistics, wages and benefits, regulatory compliance, or any ether event beyond Company's control. if such release is not recelvedwithIn 6 months afterdate oforder moelpt, Company reserves the right to cancel any order. Itshipmentlsdelayed due toCustomeesactions, Company may also charge Customerstoragefees. Company shall be entitled to equitable adjustments In the contractprice to reflectany costincreases as set forth above and will provide nooca to Customer prior to the dale for which the increased price is to be in effect for the applicable customer contract. In no avant will prices be decreased. S. Exclusions from Work Company's obligation is limited to the Work as defined and does not include any modifications to the Work site under the Americans With Disabilities Actor any other law or building code(s). In no event shall Company be required to perform work Company reasonably believes is outside of the donned Work without a written change order signed by Customer and Company. S. Performance. Company shall perform the Work in accordance with industry standards generally applicable in the area under similar circumstances as of the time Company performs the Work Company may refuse to perform any Work where warkfng conditions could endanger property or put at risk the safety of persons. Unless otherwise agreed to by Customer and Company, at Customers expense and before the Work begins, Customer will provide any necessary access platforms, catwalks to safely perform the Work in compliance with OSHA or slate Industrial safety requisitions. 7. Payment Customer shall pay Company's invoices within net 30 days of invoice date. Company may invoice Customer (or all equipment or material furnished, whether delivered to the installation site or to an off -site storage facility and for all Work performed on -site or off -site. No retention shall be withheld from any payments except as expressly agreed In writing by Company, in which case retention shall be reduced per the contract documents and released no later than the date of substantial completion. Under no circumstances shall any retention be withheld for the equipment portion of the order. It payment is not received as required, Company may suspend performance and the time for completion shall be extended for a reasonable period of time not less than the period of suspension. Customer shall be liable to Company for an reasonable shutdown, standby and start-up costs as a result of the suspension. Gampany resPaes the d9hKo-addddrany aso°unFoulstar+d)ng toorere't3rar0 day s a isa sharge aguaR oNhaprinaipat-amount-ducat the.end.mf�ac#memlh.-Guslormeashaii.pay-alfsosls{lnakrdingattarnays�-fees)•krour:ad•4y£ompany+naliemptfngiacotlaclammnls-dueaad olharwdse�nlarangdhesetem+sand candiGons if requested, Company will provide appropriate men waivers upon receipt of payment Customer agrees that, unless Customer makes payment in advance, Company will have a purchase money security interest fn all equipment from Company to secure payment in fun of all amounts duo Company and b order for the equipment, tagatherwith these terms and conditions, form a security agreement. Customer shall keep the equipment free of ail taxes and encumbrances, shall notremove the equipmentfrom Its original installation paint and shall not assign or transfer any interestin the equipment unlit an payments duo Company have been made. 9. Time for Completion. Except to the extent otherwise expressly agreed in writing signed by an authorized representative of Company, all dates provided by Company or its representatives for commencement, progress or completion are estimates only. White Company shall use commercially reasonable efforts to meet such estimated dates, Company shall not be responsible for any damages for its faiure to do so. Delivery dates are approximate and not guaranteed. Company will use commercially reasonable efforts to deriver the Equipment on or before the estimated delivery date, will notify Customer if the estimated delivery dates cannot be honored, and will deliver the Equipment and services as soon as practicable thereafter. In no eventwll Company be liable for any damages or expenses caused by delays to delivery. 9. Access. Company and its subcontractors shag be provided access to the Work site during regular business hours, or such other hours as may be requested by Company and acceptable to the Work site' owner or tenant for the performance of the Work, including sufgelentareas forstaging, mobilizaifon, and storage. Company's access to correct any emergency condition shall not be restricted. Customer grants to Company the fight to remotely connect (via phone modem, intrmet or other agreed upon means) to Customers building automation system (BAS) and or WAD equipment to view, extract or otherwise collect and retain data from the BAS, HVAC equipment, or other building systems, and to diagnose and remotely make repairs at Customer's request. 10. Completion. Notwithstanding any other term or condition herein, when Company informs Customer that the Work has been completed. Customer shall inspect the Work in the presence of Company's represerttativa, and Customer shall either (a) accept the Work in its entirety In writing, or (b) accept the Work in part and specifically identify, in writing, any exception Hems. Customer agrees to re -inspect any and all excepted items as soon as Company informs Customer that all such excepted items have been completed. The initial acceptance Inspection shall take place within ten (10) days from the date when Company informs Customer that the Work has been completed. Any subsequent re -Inspection of excepted items shall take place within ive (5) days from the date when Company informs Customer that the excepted Items have been completed. Customers failure to cooperate and complete any of sold inspections within the required time, limits shall constitute complete acceptance of the Work as of ten (10) days from date when Company informs Customer that the Work, or the excepted items, if applicable, hesfhave been completed. 11. Permits and Governmental Fees. Company shell secure (with Customers assistance) and pay for building and other permits and govemmental fees, licenses, and Inspections necessary for proper performance and completion of the Work which are legally required when bids from Company's subcontractors are received, negotiations thereon concluded, or the effective data of a relevant Change Order, whichever is later. customer Is responsible for necessary approvals, easements, assessments and chargesfor construction, use oroccupaneyof permanent structures or for permanent changes to existing facilities. Ifthe cost of such permits, fees, licenses and inspections are not included In the Proposal, Comparry will invoice Customerforsurfi wets. 12. UUlttloo DuHng ConsWe0on. Customer shah provide out charge to Company all water, heat and utigties required for performance of iha Work. 13. Concealed sir Urmknown Conditions. In the performance of the Wodd, if Company encounters conditions at the Work site that are (I) subsurface or otherwise concealed physical condHkne 0+a1 dtiier materially from those ledleated on drawings expressly incorparetetl herein sir (ii) unknown physical conditions of an unusual nature that differ materially from those conditions ordinarily found to exist and generally recognized as inherent in eonslrttctfon activities of the typo and character as The Walk, Company shall manotteyr�y Customer of such conditions prompro prior to signHicantiy disturbing same. If such conditions differ materially and cause an increase In Company's cost of, or time required fa, perfcrmance of any part of time Work, Company shall be antiged to, and Customer shall wns9nt by Change Order to, an equitable adjustment In the Contrail Price, contract lime, or both. 14. Pre.Eudsting Conditions. Company is not liable for any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the Work sitebofore the Commencement Date of this Agreement ('Pre -Existing Conditions'), including, without nmHafion, damages, losses, or.expenses Involving Pre -Existing Conditions of building envelope issues, mechanical issues, plumbing issues, andfor indcorair quality issues Imroiving mold/mould andlof fungi. Company also is not gable for any Balms, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. 1 N = Page 6 of 11 a 2023 Trans Technologies. All Rights Reserved. a"� �o : 9 Confidential and Propnetary Information ofTrane U.S. lnc. 15. Asbestos and Hazardous Materials. Company's Werk and other services in connection with this Agreement expressly excludes any Identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos, polychlorinated biphenyl ('PCB'), or other hazardous materials (hereinafter, collectively, 'Hazardous Materials'). Customer warrants and represents that, except as set forth in a writing signed by Company, there are no Hazardous Materials on the Work site that will In any way affect Company's Work and Customer has disclosed to Company the existence and location ofany Hazardous Materials In all areas within which Company will be performing the Work Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work In the affected area and shalt notify Customer. Customer wig be exclusrvey responsible for taking any and all action necessary to correct this condition in accordance with all applicable taws and regulations, Customer shalt be exclusively responsible for and, to the fullest extent permitted by law, shall indemnify and hold harmless Company (Including Its employees, agents and subcontractors) from and against any loss, claim, gabiilty, fees, penalties, injury (including death) or liability of any nature, and the payment thereof arising out of or relating to any Hazardous Materials on or about the Work site, not brought onto the Work site by Company. Company shall be required to resume performance of the Work in the affected area only in the absence of Hazardous Materials or when the affected area has been rendered harmless. In no event shag Company be obligated to transport or handle Hazardous Materials, provide any notices to any governmental agency, er examine the Work site far the presence of Hazardous Materials. is. Force Majeure. Company s duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Farce Majeure. If Company shalt be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shag at Company's election (1) remain to effect but Company's obligations shall be suspended unlit the uncontrollable event terminates or (ii) be terminated upon 10 days' notice to Customer, in which event Cuatamerahag pay Company for all parts of the Work furnished to the data of termination. An "Event of Force Majeure" shag mean any cause or event beyond the control of Company. Withoutitmittng the foregoing, *Event of Fares Majeure° includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil disobedience; pandemic insurrections; dots; labodlatsour disputes; laborflabour or material shortages; sabotage; restraint by court order or public authority (whether valid at invalid), and action or non• action by or Inability to obtain or keep in force the necessary governmental authadmilons, permits. licenses, certificates or approvals if not caused by Company; and t requirements ti applicable government in anymannerthatdivedseitherthematerialorthefinishedproducttothedirectorindirectbansfitofthegovernment Ifthogvant F rceMele ash .,,._,,, r•.."r.,,,,.,. then .— r mnnnu rer all naps of the Work furnished to the date of lerminoea . 17. Custamer's Breach. Each of the following events or conditions shag constitute a breach by Customer and shall give Company the right, without an election of tamed es, to terminate this Agreement or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due; or (2) any general assignment by Customerforthe benefltof its creditors, or if Customer becomes bankrupt or Insolventar takes the benefit of onystatute forbankmpt orinsotuent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding glup or other rtermi termination twaoof Customer or he Customer In this Agreement Its assets, or o trustee, receiver, or similar parson Is appointed over any of the assets or interests of Customer, () y p warranty or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be !table to Company for all Work furnished to dale and all damages sustained by Company Qncluding lost profit and overhead} 18. Indemnity. To the fullest extent permitted by law, Company and Customer shag Indemnify, defend and hold harmless each other from any and aft claims, actions, costs, expenses, damages and gabifities, including reasonable allomays' fees, resulting from death or bodily injury or damage to real or tangible personal property, to the extent caused by the negligence or misconduct of their respective employees or other authorized agents in connection with their activities within the scope of this Agreement Nether parry shag indemnify the other against claims, damages, expenses or Ilabifdies to the extent attributable to the acts or omissions of the other party. if the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to Indemnify will continue In fug force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. 19. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS, LOST DOLLAR SAVINGS, OR LOST ENERGY USE SAVINGS, INCLUDING CONTAMINANTS LIABILITIES, EVEN iF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTIO N Is FRAMED IN CONTRACT, NEGLIGENCE, ANY OTHER TORT, WARRANTY, STRICT LIABILITY, OR PRODUCT LIABILITY). In no event will Company, s liability In connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Customer under this AgreamenL 20. CONTAMINANTS LIABILITY The transmission of COVID-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, products, services and other offerings have not been tested for their effectiveness In reducing the spread or COVID•19, Including through the air in dosed environments. IN NO EVENT WILL COMPANY BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDEMNIFICATION, ACTION OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH), DAMAGE TO PROPERTY, OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO CONTAMINANTS (INCLUCING THE SPREAD, TRANSMISSION, MITIGATION, ELIMINATION, OR CONTAMINATION THEREOF) (COLLECTIVELY, "CONTAMINANT LIABIUTIES")AND CUSTOMER HEREBY EXPRESSLY RELEASES COMPANY FROMANY SUCH CONTAMINANTS LIABILITIES. 21. Patent Indemnity. Company stung protect and indemnify Customer from and against all claims. damages, judgments and loss arising from Infringement or alleged Infringement of any United States patent by any of the goods manufactured by Company and delivered hereunder, provided that In the event of suit arthreal of suit for patent infringement, Company shall promptly be notified and given full opportunity to negotiate a settlement. Company does not warrant against infringement by reason of Customers design of the artioleo or the use thereof in combination with other materials Orin the operation of any process, in the eventof litigation, Customer agrees to reasonably cooperate withCompany. In connectieawith any proceeding under lhepmvlslons of Oft Section, all partlesconcemed shag beenti led to be represented by counsel attheir awn expense. 22. Limited Warranty. Company warrants for a period of 12 months from the data of substantial completion ('Warranty Pedod') commercial equipment manufactured and Installed by Company against failure due to defects In material and manufacture and that the laborgabour furnished is warranted to have been property performed (the "Umiled Warranty"). Trans equipment sold on an unlnstalled basis is warranted In accordance with Company's standard warranty for supplied equipment. Product manufactured by Company that includes required startup and Is sold In North America will not be warranted by Company unless Company performs rho product startup. Substantial completion shall be the earlier of the date that the Work Is sufficiently complete so that the Work can be utilized forits intended use or the date that Customer receives beneficial use of the Work. It such detect is discovered within the Warranty Period, Company will carreclthe defect orfumish replacement equipment (or, atits option, parts therefor) and, if said equipment was irstalled pursuant hereto, laberfiabour associated with the fplacement of parts or equipment not conforming to this Limited Warranty. Defects must be reported to Company withIn the Warranty Period. Exclusions from this Limited Warranty include damage or failure arising from: wear and tear, corrosion, era4�ydoled tion; Customers !allure to follow the Company -provided maintenance plan; refilgarant not supplied by Company; and modifications made by others to Company's equipment Company shall not be obligated to pay for the cost of lost refrigerant Notwithstanding the foregoing, all warranties provided herein terminate upon termination at cancellation of this Agreement. No warranty liability whatsoever shag attach to Company unfit the Work has boon paid for in full and then sold liability shalt be limited to the lessor of Campetryrs cost to correctthe defrxtive Work andforthe purchase price of the equipmentshown to be defective. Equipment, material andfor parts that are not manufactured by Company ('Third Party Products) are nalwarranted by Company and have suchwarranties as may be extended bythe respective manufacturer. CUSTOMER UNDERSTANDS THAT COMPANY !S NOT THE MANUFACTURER OF ANY THIftD•PARTY PRODUCTS) AND ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD•PARTY MANUFACTURER, NOT ANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CiAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD -PARTY PRODUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. THE WARRANTYAND LIABIUTY SET FORTH IN THiS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABlllflES, WHETHER IN CONTRACT OR Ill NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR 07HERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY MAKES NO REPRESENTATION OR WARRANTY,OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. ADDITIONALLY, COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS QNCLUDING COVID49 OR ANY SIMILAR VIRUS) (COLLECTIVELY, "CONTAMINANTS"), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE.IN NO EVENT SHALL COMPANY HAVE ANYLIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING DR IN CONNECTION WITH ANY EQUIPMENT, T141RD-PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGFS AND AGREES THERETO. 23. Insurance. Company agrees to maintain the following Insurance while the Work is being performed with limits not less than shown below and will, upon request from Customer, provide a CedlOcate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrenco Automobile Uabitity $2,000,000 CSL Workers Compensation Statutory Limits ? /� N = Pa e T Of 11 a 2023 Trans Technologies. All fights Reserved „� K�� t, 9 Confidential and proprietary Information of Trine U.S. Inc. If Customer has requested to bs named as an additional Insured under Companys insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Uabilitypolicies. in no event does Company waive Its right of subrogation. 24. Commencement of Statutory LJmitation Period. Except as to warranty daims, as may be applicable, any applicable statutes of limitation for acts or failuras to act shall commence to run, and any alleged cause of action stemming therefrom shall be deemed to have accrued, in any and all events not later than the last date that Company or its subcontractors physically performed work on the project site. 26. General. Except as provided below, to the maximum extent provided bylaw, this Agreement Is made and shall be Interpreted and enforced in accordance with the laws of the state or province in which the Work is performed, without regard to choice of law principles which might otherwise call for the application of a different slate's or province's law. Any dispute arising under or relating to this Agreement that Is not disposed of by agreement shall be decided by litigation In a court of competent jurisdiction located In the state or province in which the Work is performed. Any action or suit arising out ofor related to this Agreement must be commenced within one4a years after the cause of action has accrued. To the extent the Work site is owned and/or operated by any agency of the Federal Government, determination of any substantive issue of law shalt be according to the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agmemon% oral or written, related to the subject matter hereof. This Agreement may not be amended, modified ortemtinated except by a writing signed by the padres hereto. No documents shall be incorporated herein by reference except to the extent Company is a signatory thereon. If any tern or condition of this Agreement is invalid, Oiagal at incapable of being enforced by any rule of law, an other temis and conditions of this Agtoementwill nevertheless remain in full fame and affect as long as the economic or legal substance of the transaction contemplated hereby is not affected In a manner adverse to any patty hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or Its right, Bile orinterest herein. without the written consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of Customer's permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. 26. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor that compiles fully with Execotive Order 11248, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60.60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicaVe reguletions contained in 41 C.F.R. Part W250 Executive Order 13496 and Section 29 CFR 471, appendixA to subperlA, regarding the notice of employee rights in the United States end with Canadian Charter of Rights and Froodams Schedule B to the Canada Act 1982 (UX.) 19A c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 27. U.S. Government We& The following provision applies only to direct sales by Company to the US Govarrurri The Parties acknowledge that all items or services ordered and delivered under Ws Agreement are Commercial items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to 'commerclar suppliers and that are contained In FAR 52,212.5(0)(1). Company compiles with 62.219.8 or 52219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flaw down provisions In effect as of the date of this subcontract; 52.203-18; 52.204-21; 52.204-23; 52.219.8; 52,222-21; 52.222.26; 52M35; 62.22236; 62222- 50; 52.226-26; 62.247-64. If the Work is in connection with a U.S, Government contract, Customer cerOOes that It has provided and will provide current, accurate, and complete Information, representations and cerii8cations to all government officials. Including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to an aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Comparry will have no obligations to Customer unless and unM Customer provides Company with a We, correct and complete executed copy of the prime contract. Upon request, Customerwill provide copies to Company of an requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customer's ownership, eligibility or performance of the prime contract. Cuslomerwtil obtain written authorization and approval from Company prior to providing any govemmenlafficlal any information about Company's performance of the work that is the subject of the Proposal or this Agreement. other than the Proposal or this Agreement. 28. Umited Waiver of Sovereign Immunity. if Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (m Canada), Customer, whether acting in its capacity as a government, governmentsi entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign Immunity as to any damages, claims, lawsuit, or cause of action (herein "Action), brought against Customer by Company and arising cralleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, lort, strict ItabOity, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if customeris In the U.S., in any state orUnited Stales court located in the state In which Company Is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was perfumed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement and (6) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement, The Individual signing on behalf of Customer warrants and represents that such Individual Is duly authorized to provide this waiver and enter Into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 29. Building Automation Systems and Network Security. C ustomerand Trans acknowledge that Building Automation System (BAB) and connected netwodxs security requires Customer and Trano to maintain certain cybersecurity, obligations. Customer acknowledges that upon completion of installation and configuration of the SAS, the Customer maintains ownership of the BAB and the connected network equipment Except for any applicable warranty obligations, Customer is solely responsible for the maintenance and security of the BAB and related networks and systems. In the event There is a service agreement between Trans and Customer. Trans wig provide the services as set forth in the service agreement. In order to maintain a minimum level of security for the BAS, associated networks, network equipment and systems, Customer's cybersecurity responsibilities include without limitation: 1. Ensure that the BAB, networks, and network equipment are physically secure and not accessible to unauthorized personnel. 2. Ensure the SAS remains behind a secure firewa4 and properly segmented from all other customer networks and systems, especially those with sensitive information. 3. Keep all Inbound pods dosed to any IP Addresses in the BAB. 4. Remove all forwarded Inbound ports and IP Addresses to the BAB. 5. Maintain user login credentials and unique passwords, including the use of strong passwords and the removal of access for users who no longer require access. S. Where remote access la desired, utilize a secure method such as Trane Connect Secure Remote Access or your own VPN. 7. For any Trans services requiring remote data transfer and/or remote user access, configure the BAB end related nrewalt(s) par inslrudions provided by Trans. This typically includes configuring Port 443 end associated firewall(s) for Outbound only. B. Perform regular system maintenance to ensure that your BAB is properly secured, including regular software updates to your BAB and related network equipment p.e., freweils). Any and an claims, actions, losses, expenses, costs, damages, or liabilities of any nature due to Customer's failure to maintain BAB security responslblg8ss and/or Industry standards for cybersecurity are the sots responsibility of the Customer. 1-26251-10(0123) Supersedes 1.26251-10(1221) 1 ? n N = Page 8 of 11 @ 2023 Trans Technologies. All Rights Reserved . ![„V 11t04aS Confidential and Proprietary Information of Trans U.S Inc.. SECURITY ADDENDUM This Addendum shall be applicable to the sale, installation and use of Trans equipment and the sale and provision of Trans services. °Trans" shall mean Trans U.S. Inc. for sales and services in the United States, or Trane Canada ULC for sales and services in Canada. 1. Definitions. All terms used in this Addendum shall have the meaning specified in the Agreement unless otherwise defined herein. For the purposes of this Addendum, the following terms are defined as follows: "Customer Data means Customer account Information as related to the Services only and does not Include HVAC Machine Data or personal data. Trans does not require, nor shall Customer provide personal data to Trans under the Agreement. Such data is not required for Trans to provide its Equipment and/or Services to the Customer. "E u ment" shall have the meaning set forth In the Agreement. "HVAC Machine Data" means data generated and collected from the product or furnished service without manual entry. HVAC Machine Data is data relating to the physical measurements and operating conditions of a HVAC system, such as but not limited to, temperatures, humidity, pressure, HVAC equipment status. HVAC Machine Data does not include Personal Data and, for the purposes of this agreement, the names of users of Trans's controls products or hosted applications shall not be Personal Data, if any such user chooses to use his/her name(s) in the created accounts within the controls product (e.g., firstneme.lastname@address.com). HVAC Machine Data may be used by Trans: (a) to provide better support services and/or products to users of its products and services; (b) to assess compliance with Trans terns and conditions; (c) for statistical or other analysis of the collective characteristics and behaviors of product and services users; (d) to backup user and other data or information and/or provide remote support and/or restoration; (e) to provide or undertake: engineering analysis; failure analysis; warranty analysis; energy analysts; predictive analysis; service analysis, product usage analysis; and/or other desirable analysis, including, but not limited to, histories or trends of any of the foregoing; and (f) to otherwise understand and respond to the needs of users of the product or furnished service. "Personal Data" means data and/or Information that Is owned or controlled by Customer, and that names or identifies, or is about a natural person, such as: (1) data that is explicitly defined as a regulated category of data under any data privacy laws applicable to Customer, (11) non-public personal information CNN") or personal information ("Pi"), such as national identification number, passport number, social security number, social insurance number, or driver's license number; (tit) health or medical Information, such as Insurance information, medical prognosis, diagnosis information, or genetic information; (iv) fi nancial information, such as a policy number, credit card number, and/or bank account number; (v) personally Identifying technical information (whether transmitted or stored in cookies, devices, or otherwise), such as IP address, MAC address, device identifier, International Mobile Equipment Identifier ("IMEI"), or advertising identifier, (vi) biometric Information; and/or (vil) sensitive personal data, such as, race, religion, marital status, disability, gender, sexual orientation, geolocation, or mother's maiden name. "Security ineidenP shall refer to (1) a compromise of any network, system, application or data In which Customer Data has been accessed or acquired by an unauthorized third party; (11) any situation where Trans reasonably suspects that such compromise may have occurred; or (iii) any actual or reasonably suspected unauthorized or illegal Processing, loss, use, disclosure or acquisition of or access to any Customer Data. "Services" shall have the meaning set forth in the Agreement. Z. HVAC Machine Data: Access to Customer Extranet and Third Party Systems. If Customer grants Trans access to HVAC Machine Data via web portals or other non-public websites or extranet services on Customees or a third parb/s website or system (each, an "Extranef'), Trans will comply with the following: a. Accounts. Trans will ensure that Trans's personnel use only the Extranet account(s) designated by Customer and will require Trans personnel to keep their access credentials confidential. b. Systems . Trane will access the Extranet only through computing or processing systems or applications running operating systems managed by Trans that Include: (I) system network tirewalls; (11) centralized patch management; (ill) operating system appropriate anti-malware software; and (tv) for portable devices, full disk encryption. c. Restrictions. Unless otherwise approved by Customer in writing, Trans will not download, mirror or permanently store any HVAC Machine Data from any Extranet on any medium, including any machines, devices or servers. d. Account Termination. Trans will terminate the account of each of Trans's personnel in accordance with Trans's standard practices after any specific Trans personnel who has been authorized to access any Extranet (1) no longer needs access to HVAC Machine Data or (2) no longer qualities as Trans personnel (e.g., the individual leaves Trans's employment). e. Third Party Systems. Trans will provide Customer prior notice before it uses any third party system that stores or may otherwise have access to HVAC Machine Data, unless (1) the data is encrypted and (2) the third party system will not have access to the decryption key or unencrypted "plain text." versions of the HVAC Machine Data. 3. Customer Data: Confidentiality. Trans shall keep confidential, and shall not access or use any Customer Data and information thatis marked confidential or by its nature is considered confidential ("Customer Confidential Information"j other than for the purpose of providing the Equipment and Services, and will disclose Customer Confidential Information only: (1) to Trans% employees and agents R n NE Page 9 of 11 O 2023 Trans Technologies. All Rights Reserved . , e.• vo I o o. "IConfidential and Proprietary Information of Trans U.S Inc who have a need to know to perform the Services, 0) as expressly permitted or instructed by Customer, or (iii) to the minimum extent required to comply with applicable law, provided that Trans (1) provides Customer with prompt written notice prior to any such disclosure, and (2) reasonably cooperate with Customer to limit or prevent such disclosure. 1. Customer Data: Compliance with Laws. Trans agrees to comply with laws, regulations governmental requirements and Industry standards and practices relating to Trans's processing of Customer Confidential Information (collectively, "Laws"). 5. Customer Data; Information Security Management. Trans agrees to establish and maintain an information security and privacy program, consistent with applicable HVAC equipment industry practices that complies with this Addendum and applicable Laws ("fnformeffon Securiyty Program"). The Information Security Program shall Include appropriate physical, technical and administrative safeguards, including any safeguards and controls agreed by the Parties in writing, sufficient to protect Customer systems, and Customer's Confidential Information from unauthorized access, destruction, use, modification or disclosure. The information Security Program shall include appropriate, ongoing training and awareness programs designed to ensure that Trans's employees and agents, and others acting on Trane's, behalf are aware of and comply with the Information Security Program's policies, procedures, and protocols. 1 6. Monitoring. Trans shall monitor and, at regular intervals consistent with HVAC equipment industry practices, test and evaluate the effectiveness of its Information Security Program. Trans shall evaluate and promptly adjust its Information Security Program in light of the results of the testing and monitoring, any material changes to its operations or business arrangements, or any other facts or circumstances that Trans knows or reasonably should know may have a material Impact on the security of Customer Confidential information, Customer systems and Customer property. 7. Audits. Customer acknowledges and agrees that the Trans SOC2 audit report will be used to satisfy any and all auditlinspection requests/requirements by or on behalf of Customer. Trans will make its SOC2 audit report available to Customer upon request and With a signed nondisclosure agreement. B. information Security Contact. Trans's information security contact is Local Sales Office. 9. Security Incident Management. Trans shall notify Customer after the confirmation of a Security Incident that affects Customer Confidential Information, Customer systems and Customer property. The written notice shall summarize the nature and scope of the Security incident and the corrective action already taken or planned. 10. Threat and Vu►nerability, Management. Trans regularly performs vulnerability scans and addresses defected vulnerabilities on a risk basis. Periodically, Trans engages third -parties to perform network vulnerability assessments and penetration testing. Vulnerabilities will be reported in accordance with Trans's oybersecurity vulnerability reported process. Trans periodically provides security updates and software upgrades. 11. Security Training and Awareness. New employees are required to complete security training as part of the new hire process and receive annual and targeted training (as needed and appropriate to their role) thereafter to help maintain compliance with Security Policies, as well as other corporate policies, such as the Trans Code of Conduct. This includes requiring Trans employees to annually re -acknowledge the Code of Conduct and other Trans policies as appropriate. Trans conducts periodic security awareness campaigns to educate personnel about their responsibilities and provide guidance to create and maintain a secure workplace. 12. Secure Disnosal Policies. Policies, processes, and procedures regarding the disposal of tangible and intangible property containing Customer Confidential Information so that wherever possible, Customer Confidential Information cannot be practicably read or reconstructed. 13. Loglcal Access Controls. Trans employs internal monitoring and logging technology to help detect and prevent unauthorized access attempts to Trans's corporate networks and production systems. Trane's monitoring Includes a review of changes affecting systems' handling authentication, authorization, and auditing, and privileged access to Trans production systems. Trans uses the principle of 'least privilege" (meaning access denied unless specifically granted) for access to customer data. 14. Contingency-Planning/Disaster Recovery. Trans will implement policies and procedures required to respond to an emergency or other occurrence (i.e. fire, vandalism, system failure, natural disaster) that could damage Customer Data orany system that contains Customer Data. Procedures include the following (i) data backups; and (it) formal disaster recovery plan. Such disaster recovery plan is tested at least annually. 15. Return of Customer Data. If Trans is responsible for storing or receiving Customer Data, Trans shall, at Customer's sole discretion, deriver Customer Data to Customer in its preferred format within a commercially reasonable period of time following the expiration or earlier termination of the Agreement or, such earlier time as Customer requests, securely destroy or render unreadable or undecipherable each and every original and copy in every media of all Customer's Data in Trane's possession, custody or control no later than [90 days] after receipt of Customer's written instructions directing Trans to delete the Customer Data. 1 n N = Page 10 of 11 @ 2023 Trans Technologies. All Rights Reserved . c.•�o-�uo. Confidential and Proprietary, Information of Trans U.S. Inc 1 S. Background checks Trane shall take reasonable steps to ensure the reliability of its employees or other personnel having access to the Customer Data, Including the conducting of appropriate background andforverification checks in accordance with Trans policies. 17. DISCLAIMER OF WARRANTIES. EXCEPT FOR ANY APPLICABLE WARRANTIES IN THE AGREEMENT, THE SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT AS TO SUCH SERVICES SHALL BE WITH CUSTOMER. TRANE DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES AND THE SERVICES PROVIDED HEREUNDER, INCLUDING ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICES WILL OPERATE ERROR -FREE OR UNINTERRUPTED OR RETURN/RESPONSE TO INQUIRIES WITHIN ANY SPECIFIC PERIOD OF TIME. November 2023 7 R n N = Page 11 of 11 0 2023 Trans Technologies. All Rights Reserved. .,c...%.aa.-: Confidential and Proprietary Information of Trans U.S. Inc. Item Number: 6.b. f ,I CITY OF IOWA CITY COUNCIL ACTION REPORT October 1, 2024 Resolution approving a purchase agreement for 1002 North Summit Street and 1006 North Summit Street. Prepared By: Sam Turnbull, Grants Specialist Reviewed By: Erika Kubly, Neighborhood Services Coordinator Tracy Hightshoe, Neighborhood Development Services Director Fiscal Impact: The acquisition will encumber approximately $750,000 of ARPA funds. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Socioeconomic data maps for Summit Affordable Housing Heat Map Resolution Purchase Agreement Executive Summary: The City Council designated affordable housing as an ARPA funding priority. Council set aside approximately $1.7 million in funds for the acquisition of property or land to support permanent, affordable housing. Earlier this month, the City closed on three, three bedroom condos on Herbert Hoover Highway that will be operated as affordable housing and managed by the Iowa City Housing Authority. The City has a purchase agreement, contingent on Council approval, for the parcels located at 1002 &1006 N. Summit St. that would allow for the construction of future affordable housing. The City will exhaust the set -aside for affordable housing with these two purchases. Combined, the two acquisitions may contribute up to 39 units of permanent, affordable housing to our community. Background / Analysis: Staff hired a realtor to help us with site selection to acquire land for a future housing development. The City entered a purchase agreement subject to Council approval for the two parcels at 1002 and 1006 North Summit Street. The parcels meet several of the City's criteria for a site appropriate for City assisted housing. The location is in area that is considered "high -opportunity" for affordable housing through an analysis of socioeconomic factors and local data. On August 6, 2024, Iowa City's Bloomberg Harvard City Leadership Initiative Intern, Naomi Mehta, presented information to City Council on repositioning public housing. Her presentation discussed areas of opportunity that would be ideal to support affordable housing development. The properties at 1002 and 1006 N. Summit Street are located in areas identified as having Low Social Vulnerability levels and higher economic mobility for children of households with lower income. Comparative to other areas of the City, this location also has lower numbers of households utilizing Housing Choice Vouchers and lower numbers of public housing properties. Additionally, these properties fall outside of areas with concentrations of City subsidized housing based on the City's Affordable Housing Heat Map. The maps are attached that depict the location of 1002 & 1006 N. Summit Street relative to this data. Site considerations also include proximity to amenities, developability, and alignment with City priorities. City Council established guidelines to determine what land is appropriate for affordable housing. The following factors were considered for this particular site: 1. Zoning: The parcels are currently zoned RM12. Based on this zoning, the maximum allowable number of dwelling units is 28. As they will be affordable housing units, a density bonus is an option that would increase the number of units allowed at this site. The maximum height is 35', but could also be increased with an affordable housing height bonus. These items would be considered during the design phase. No rezoning is required for this site. 2. Proximity to planned or existing transit: The site will be served by public transit. The City's North Dodge route currently has multiple stops on North Dodge Street which are within 1/4 mile of the properties. 3. Proximity to neighborhood services: The properties are less than 1/4 mile from Happy Hollow Park and Hickory Hill Park. They are within easy and safe walking distance of a gas station, grocery store, medical offices, and a coffee shop. Students living in this future development would attend Mann Elementary at the intersection of North Dodge Street and Church Street which is approximately 0.6 miles away. 4. Pre -Development Costs: This is infill development with close access to City water and sewer. The streets and sidewalks are established. 5. Floodplain: Neither property is in the floodplain. 6. Project leverage: The City has several funding options that could be utilized for design and construction. The purchase agreement identifies a possession date of October 18, 2024. Once acquired, staff will start to identify funding sources for design and construction and begin pre - development activities. Once completed, the Iowa City Housing Authority will manage as permanent, affordable housing. Household Income at Age 35 for Children of Low Income Parents <S10k 25k 28k 301( 32k 34k 36k 38k 41k 45k >Wk i n 10302 3 302 200 100 r vitte Q 1002 & 1006 N. Summit Street 2300 1100 v 1,i L It ,' 105000 0 1200 1300 > 400 500 600 0 1500 7400 0 0 1700 10400 0 0 0 0 1802 0 0 00 00 00 0 1801 10400 o Public Housing unit oniteflstaces :OPPORTUNITY N Census . .:.. ..... �� INSIGHTS OpportunityAtlas.org Developed byDarkhors Social Vulnerabilitv levels (2020) 10302 10100 301 302 200 100 Q1002 & 1006 N. Summit Street 2300 1100 10500 O O 1200 1300 000 0 400 500 600 0 1500 0 °°� 1400 ° O O O O O ° 1700 O 10400 ' o ° O 1802 ° O ° oO 00 O° O 10400 Public Housing unit Vulnerability Level Very low Low Moderate High Affordable Housing Heat Map Iowa City Neighborhood Services: December 2023 a Brown Deer r� Golf Club W6d 9t '1 W�terwork 13th St r y Prairie Park Fil y S Coralville M 7th St odge Golf 6 ourse = Sth St _ Universi of ' O x Hickory Hill Iowa Out or Z Park Research NT �� ninsula Park University of 1❑ Pie 8 Iowa - Iowa City 6► — Rocheel. - Campus Finkbine Golf Course nl rsity Iowa City E Court St F46 0 r218 H @ I S 4Sc Avep- R°htet Rd 6 Iowa City Municipal V+ Airport n 3 1 I o. Density of Subsidized Housing Units Low N High W E 0 City Boundary S r CITY OF IOWA CITY 0 0.4 0.8 1.5 Miles 49 Scott Park Syca rem Greenwa Osage St SW Osage St SE 216 , Ln o of � ` c x c m > 0 � N D U) m TI This map is intended to serve as an aid in graphic representation only. This information is not warranted for accuracy or other purposes. Le Prepared by: Sam Turnbull, Grants Specialist, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 Resolution No. 24-242 Resolution approving a purchase agreement for 1002 North Summit Street and 1006 North Summit Street. Whereas, staff has negotiated the attached Residential Real Estate Purchase Agreement with the owner of 1002 and 1006 North Summit Street contingent on City Council approval; and Whereas, City Council has allocated approximately $1.7 million in ARPA funds for affordable housing; and Whereas, the City should acquire this land for future affordable housing development. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The attached Residential Real Estate Purchase Agreement is approved. 2. Upon the direction of the City Attorney, the City Manager is authorized to execute all documents necessary to purchase 1002 & 1006 North Summit Street in accordance with the attached purchase agreement. Passed and approved this 1st day of October, 2024. f ' M46r I� Approved by Attest: ► \ G City Clerk City Attorne s Office (Sue Dulek — 09/25/2024) It was moved by Moe and seconded by adopted, and upon roll call there were: Ayes: x X x x Y Nays: salih the Resolution be Absent: Alter x Bergus X Dunn Harmsen Moe Salih Teague dotloop signature verification: Residential heal Estate Purchase Agreement � ® —_ ` Z LKR.Al ,.at• This form approved by the Iowa City Area Association of REALTORS® Ir'ibw 1 "ram Date of Agreement:09/18j2024 TO: Summit Place, LLC (SELLER) (SELLER) 1. REAL ESTATE DESCRIP'I"ION: The undersigned BUYERS hereby offer to buy real estate in Gty.Iowa City County Iowa locally known as:1002 & 1006 N Summit Street Iowa, Zip Code 52240 and described as follows: (abbreviated Legal Description or Tax Parcel #) ST. MATTIDAS 2ND, as per legal abstracts with any improvements located thereon, easements of retard 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) m none other (consider liens, other easements , interests of others) designated the Real Estate; provided BUYERS, on possession are permitted to make the following use of the Real Estate: any legal use 2. PURCHASE PRICE: The purchase price shall be S 750000 and the method of payment seven hundred frfty.thovsand dollars shall be as. follows: Check or Electronic Check S 7500 to be submitted by 11:59 0® AM PM ® Noon on w/n 3 days of A/0, see 2. E. in the trust account of LKR trust or the trust account of seller preference 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 ® VA ® 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 a amortized over a tens of not less than years, tivith a balloon due date of not less than years. BUYERS agree to pay no mnrc than % for loan origination fees and points, and to pay in addition all other customary loan costs. BUYERS agree upon acceptance of this offer to immediately make application for such mortgage with a commercial mortgage lender and to exercise good faith efforts to obtain a mortgage commitment as above provided. Upon receiving written loan commitment (supported by the lender's required appraisal), BUYERS shall release this contingency in writing. If BUYERS have not delivered a written finanang contingenc�rgelease containing the above terms, or terms acceptable to BUYERS, on or before at P AM il_A PM ® Noon, either SELLERS or BUYERS may declare this Purchase Agreement null and void and all payments made hereunder shall be returned. BUYERS shall pay the balance of the purchase price at the time of dosing by combination of BUYERS' personal funds and the net mortgage proceeds. B. ® CASH: BUYERS will pay the balance of the purchase price in cash at the time of dosing. 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 11:59 ® AM ® PM © Noon on wt. 3 days of acceptance C. ® Yes ® No This offer is contingent upon and subject to BUYERS closing and obtaining proceeds from the sale of his/her current house. Refer to the attached SALE OF HOUSE ADDENDUM. D. ® OTHER FINANCING E. TERMS:Earnest will be provided within 3 days of acce tance and upon receipt of W-9 F. 031f a Mortgage Assumption, Installment Contract Assumption, or Installment Contract sale, see attached addendum. 3. POSSESSION: If BUYERS timely perform all obligations, possession for the Real Estate shall be delivered to BUYERS on 10/18/2024 , with any adjustments of rent, taxes, insurance, interest, and other applicable matters to made as of the ate of transfer of possession. Closing of the transaction shall occur after 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 closing, which shall mean delivery to the BUYERS of all title transfer documents and receipt of the purchase price funds then due from BUYERS. If by mutual agreement the parties select a different possession or closing date, they shall execute a separate agreement setting forth the terms thereof. 4. REAL ESTATE TAXES: SELLERS to be responsible for all real estate taxes that are attributable to the SELLERS' ownership of the property which shall include taxes that are liens for prior years and taxes that are due and payable for the fiscal year in which the closing occurs. Page 1 of 5 t%Y Buyer's Initials Seller's Initials Y a s Revised August Il, 2022 "'71p9:5 {esy; hey have read this page. dorloop signature verification: . A. ® There shell be no proration of subsequent taxes. B. ® BUY FRS 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), roil back(s), exception(S) and levy of record at the time of dosing. 5. SPECIAL ASSESSMENTS: select (A) or (B) A. ® SELLERS shall pay all special asssessments which area lien oil the Real Estate as of the date' of closing. B, ® SELLERS shall pay all installments of special assessments which are a lien on the Real Estate and, if not paid, would become delinquent during the calendar year this offer is accepted, and all prior installments thereof. All other special assessments shall be paid by BUYERS. 6. FIXTURES: All property that integrally belongs to or is part of the Real Fstate, 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 larputing, mirrors attached to walls or doors, fireple se7ecn and grate, attached barbelue gri115, weather vane, all built-in kitchen appliances, built-in items and dectrical cable, outside television towers and antclu_a, fencing, a��ociated swimming pool equipment, central vacuum system equipment, whderground pet containment fencing with transmitters and collars, gates and landscaping shall be considered a nart of Real Estate and also including the fallowing: Fach of the above included items is a fixture thil inhrrallg 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 monetiry value, free and clear of all liens and encumbrances. The following items shall be excluded: 7_ DEED: Upon payment of ale purchase prier, SELLERS stroll convey the Real Estate to BUYERS or tneir osshgmvs uy warranty Deod, free and clear of all liens, restrictions and cncumbranus except as provided in l(a) through 1(d). Any general ivarnnticx of line shall extend only to the time of acceptance of this offer, with special warranties ei to acts of SELLERS continuing up to tinge of delivery of the deed. R. TiME IS OFTHiE ESSENCE: Time is of the essence in thls contract. 9. CONDCTIONOFPROPERTY: A. including buildinV5, grounds and all improvements will be preserved by the The property a5 of the date of this Purcha a Agreement SELLERS in its present condition until possession, ordinary wear and tear excttpted. The SELLERS shall have the heating, electrical, plumbing, air conditioning systuns, Wdl (if applicable) and all included appliances, whether subject to inspection set forth hereinafter or not, in working condition as of the bate of delivery of posowssiun, e_Kcupt for in determining whether or not the systems are in wonting condition and for the purpose of insPxcting the property as Outlined in Paragraph 96(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 a), utilitcs (gas, electric, water) on ® Yes 0 Na ® Not Applicable for all inspections and for the anal walk-through b_y the BUYERS prior to dosing. B. The BUYERS must choose one of the following alternatives relative to the condition and quality of the property: 1) ❑ By ❑ AM ❑ Phi ❑ Noun on , the BUYERS may, at their sole expentse, 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 COMPONENT5 of the Real Estate: central heating system, central cooling system, plumbing system, well and well water (if applicable), electrical system, roof, walls, ceilin& floors, foundation and basement. SELLERS and BUYERS acknowledge that the property may have imperfect ccrsmetic conditions that do not affect the working condition of the item and are not considered major deficiencies, including but not limited to: broken seals in windows; minor tears, wom 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 ivitich crextts 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 deficieruiu for which they are requesting remedies_ Tbc notification must be accompanied by a copy of a written inspection report from a qualified inppector identifying die MLAJOR deficiencies. SELLERS shall, within FIVE (5) calendar days after receipt of BUYERS' notification, notify the BUYERS in writing Nat (1) SELLERS agree to remedy the MAJOR deficiencies as requested by BUYERS, in which case this Purchase Agreement as so modified shah 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 In accept the SELLERS' counter proposal by signing it, or to notify the SELLERS in writing that Ruch 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 BUYE'R5_ IN THE ABSENCE OF WRITTEN! NOTICE OF AiNY DEFICIENCY FROM BUYERS, OR IF BUYERS FAIL TO RESPOND TO THE SELLERS' COUNTER PROPOSAL WITHIN THE TIME SPECIFL•D HEREIN, THIS PROVISION SHALL BE DEEMED WAIVED BY PARTIES AN0 TH15 PURCHASE AGREEMENT 5i-U\LL REM UN IN FULL FORCE AND Pa e2of5 Buyer's InitialsSeller's initials 7 osn oc Revised August 11, _0.2 naCD �i ;.a4�ueuf:'ttCtgc they have read this page. dotloop signature verification: 10. 11, 12. 13. 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 REfURNEU. 2) ® SUPERS acknowledge that they have bean advised of the right of property inspctition and have declined to make said LupccGon(s). Buyer's initials C. The BUMS must choose one of the followingaltesnatives relative to the presence of radon in the home: 1) ® By ® AM ® PM ® Noon on , the BUYERS may, at their sole expense, have the property' toted for the presence of radon gas. Such test Shall be conducted by an Iowa Certified Radon Specialist. SEI.I.F.RS agree to sign documents required for the lest to be completed and agree to cooperate with the specialist in carrying out the test. By the same date, BUYERS must notify SELLERS in writing; of any average radon reading in excess of p01L. The notification shall be accompanied by a copy of the written radon n:port_ The cost of mitigation, if necessary, shall be negotiated within the time frames and rumedits in Paragraph 9B(1). 2) ® BUYERS acknowledge that they have been advised of their right to conduct a radon test and have declined to Order said test-�-LLS:GiJ� Buyers initials D. Septic system to be inspected and repaired El Yes 13 No ® Not Applicable. Iowa Cade 955B.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 sootier, in order to deteca-ire that there have been na changes in the condition of the propertY extent those mutually agreed upon and that it is ready for BUYERS' possession. Al time of closing or posse-&sion, whichever occurs wooer, BUYERS twill accept the property in its present condition without further warranties or guarantees by SELLERS or BROKER concerning the condition of the property. This, ilowever, shall not relieve the SELLERS of any liability for any condition(s) that is/are defined as latent defect(s) or any express warranties contained in the Purchase Agreement or other written agreement between the parties; nor shall this pangraph relieve the SEl_LM, Of any liability forany implied warranty applicable under Iowa law. F. The inspection of any part of he property not covered in 9B(t) or the remedy of any condition not addressed in 9B{l ), including but not limited to cma is conditions that the BUYERS require, shall be addre_cu-d in paragraph 27, of this Purchase AgruLnnent. limo G. SF.I.i.ERS acknowledge that the properh• ® is ® is not serviced by propane fuel (I.P). If the property is serviced by propane file! (LP), the propane tank(s) 0 is/are ® is/are not Owned by the SELLERS and there ® is ® is not an existing written contract betiveen the SaLM and the propane vendor. BUYERS agnt to reimburse the SELLERS for atl propane fuel (Ll') remaining in the tank(s) on the property' at the time of clra ing. WOOD DESTROYING INSECT INSPECTION: select (A) or (B) A, ® By ® AM ® I M ® Noon on. BUYERS may, at BUYERS' expense, have the propinspected for termites or other wood destroying insects by a licensed Pest [nspecton If infestation Or damage due to erty' prior infestation is discovered, SELLERS shall have the option of either hating 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- 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 leading institution at which time said inspection wauld 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. (�,� � buver- initiaLs INSURANCE: SELLERS stead bm ear the risk of loss or damage to the property prior to closing or possession, whichever first oceun. SELLERS agree to maintain existing insurance and BUYERS may purchase additional insurance_ in the event of substantial damage or destruction prior to closing, 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. USE OF PURCHASE PRICE: At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. ABSTRACT AND TITLE SELLERS, at their expense, shall promptly obtain an abstmct of title to the Real Estate continued through the date of acceT.,tance of this offer and deliver it to BLYERS for examination. It shall show m¢rdmitable tide in SELLERS' rrame9 in conformity with this Purchase Agreement, locust law and Title SGunlards of the Iowa State Bar Asstx:iation The abstract shall become the property of the BUYERS when the purchase price Is paid in full. SELLERS shall pay the casts 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 tine time of closing, there remain unr"Ived title objections, mount to protect the BUYERS' interests until said objections are corrected. the parties agree to escrow from the sale proceeds a sufficient a .' 6-, Seller's initials Page 3 of 5 1C Buyer's Initials o�e�n�M9,za "-Mc'' &db trivy have read thi page. RL%ised Aubnut ll, 20? dotloop signature verification: allowing a masonable time for the corrections of said objections; provided, however, that if the commercial mortgage lender Of the BUYERS will not make the mortgage funds avallable with such es=w, 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 the offer, hold title to the Real Estate in joint tenancy with full right of survivorship, and the joint tenant-y 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, sl%ill 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 5ELLER, 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. 15. JOINDER BY SELLER'S SPOUSE SELLER'S spouse, if not a titre holder immedlately preceding accepts We of this offer, executes this contract only for the purpasc. 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, ROWEDIES OF THE PARTIES: A. If BUYERS fail to timely perform this contract, SELLERS may forfeit it as provided in the Iowa Code, and all payments made shall he forfeited or, at SELLER'S option, upon Thirty (30) calendar days +•written notice of intention to accelerate the payment of the entire balance because of such failun (during which thirty calendar days such failure is not corrected) SELLERS may declare the entire balance due and payable. Thereafter this contract mac be foreclosed in equity and the Court may appoint a receiver. B. If SELLERS fail to timely perform this contract, BUYERS have the right to have all payments made returned to there C. BUYERS and SELLERS also are entitled to utilize any and all other remedies or actions at taco or in equity available to them and shall be entitled to obtain )uda ent for costs and attorney fees as permitted by law. D. In the event BUYERS fail to perform their obligations hereunder and as a malt, forfeit to the SELLERS any payments made trader this contract, upon receipt of said forfeited payments. SELLERS shall pay BROKER one-half of the forfeited payments, said one-half not to earned the total commission due to the BROKER. in the event the SELLERS fail to perform SELLERS' obligations under this contract when required to do so, SELLERS shall pay to BROKER the BROKER'S commission in the amount set forth in the SE11ER5 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, SELLER shall furnish BUYERS with a wri tlen statement prior to closing from the holder of such lien(s), showing the correct balance due 18. APPROVAL OF COURT: if the sale of the Real Estate is subject to Court approval, the fiduciaryshall 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. ILJ Not Applicable 19. CONTRACT BINDING ON SUCCESSORS iN INTEREST: This contract shall apply to and bind the succ-essrrts 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 conkxL 21. SURVEY AND SQUARE FOOTAGE REPRESENTATION: The BUYERS may, within — 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 enero clunent on said property or if any Improvements located on the subject property encroach on lands of others, such encroachments shill be treated as a title dehtt Assuming it representation for square footage has been trade, BUYERS understand and agree that said representation is only an approximation of the exact number of square feet the properly contains. The BUYERS have the right to obtain their oven measurement of square footage- 22. AGENCY DISCLOSURE: The Listing and Selling Agents/Brokers are agents of the parties hereto as oudirwd lielow, and their fiduciary duties of loyalty and faithfulness are owed to the party they represent. However, they must treat the other party with honesty and fairnt, . The SELLERS in this transaction are represented by. Todd Case West winds Real Estate Services, Inc 'Agcmt/Brokerage Names) Email- toddcasetivvesrivindsreatestate.com Fax: Cell: 3199365900 The BUYERS in this transaction are represented by, Julie Dancer Lepic-Kroegrr. REALTORS (LKR) [Agent/Brokerage Names) Email: juliedancer0i3ftmail.com Fax: Cell-3193105522 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 A6ent made a written disclosure of type of representation being provided. 23. DISCLOSURES/ADDEND UM- rt ® Residential property Setter Disclosure Statement The BUYERS acknowledge receipt of the Residential Property Seiler Disclosure Statement prior to executing this Purchase Agreement A copy of rite Residwtial Property Seller Disclosure 5tntement is attached to this Purchase Agreement- B. ® Residential Property Seller Disclosure Statement is not applicable. C ® Homeowners Association/ Condom iaaium Association/Coamaon Interest Community Addendum (HOA) D- ® Lead -Based Paint Disclosmre Statement E ® Sale of House Addendum Page 9 of 5 C7 r Buyer's initials d� Sellea s Initials 2 o n�, a can rzevv n Red Aub17? nsst 11, -Wtcy have read the page- dotloop signature verification: F. ® Other Addendum: G. ® Other Addendum: 24. NOTICE Any 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' AgenL and if effective to SELLERS when physical delivery is received by SELLERS or SELLERS' Agent Physical delivery may be either by personal delivery or upon the date of the posting of said notice by Certified N ai ll. As an alternative to physical delivery, any signed document or written notice may be delivered to the respective principal's agent, as set forth 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 SELLERS:Summit Place, LLC Address: For the BUYERS: The City of Iowa City, Attn: City Attorney Address:410 410 E Washington St Iowa City, lA 5224C 25. REPRESENTATIONS: It is understood that no representations made by the Agent in the negotiation of this sale are being relied upon unless incorporated herein or endorsed in writing. 26. COUNTER PARTS CLAUSE: All parties agree to be bound to this contract even if every party does not sign on one original, as long as each copy that is signed is identical to every other signed copy. 27, OTHER PROVISIONS: It is a term of the buyer's offer that the seller(s) andlor a party to the settlement ad transfer of this property, agrees to distribute, as part of the transaction, 9%a-of the gross sales price at closing to Lepie-Kroeger, REALTORS. lee 2.5 % o°rtn°'za This offer is subjeiTm-City Council approval on October 15, 2024 or sooner. L�23�J Notwithstanding any other provision of this Agreement, the Buyer (for purposes of this provision, `fCity" or City of lowa City" means 911 a ?Buyer?) City shall have no obligation to purchase the Property, and no transfer of title to the Purchaser may occur, unless and until the City of Iowa City has provided a written notification that: (1) tt has completed a federally required environmental review and its request uurmoli m,aen for release of federal -funds has been approved and, subject to any other Contingencies in this Agreement, (a) the purchase may proceed. or (b) the purchase may proceed only if certain conditions to address issues to the environmental review shall be satisfied before or after the purchase of the property; or (2) it has been determined that the purchase is exempt from federal environmental review and a request for release of Funds is not required. The Cityeshall use its best efforts to conclude the environmental review of the property expediuous)y. defects the City uw°ill hato ve no obligation to purrchase, anduth s Agreement Will be null and void. view, IfSeller is no[ willing to remedy such 28. TIME FOR ACCEPTANCE: If this offer is not accepted by SELLERS by 0911912024 at 5:00 E3 AM ® PM ® Noon, it shall become void and 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 terms of this Purchase Agreement. Buyer / time / date COUocO�c,iReE GM'�Ort�OE10 H Wi Seller MW e Offer is REJECTED as presented OR Buyer time / date tie e— time ciate See attached COUNTER OFFER 50 Ter time I date Z)eiler Itne date e Buyer's Initials . i L� (Seller's Initials amt° a Sellerss ct:WQAggp,,,Wey have read this page. Page 5 of 5 Revised August 11, 2022 Item Number: 6.c. f ,I CITY OF IOWA CITY COUNCIL ACTION REPORT October 1, 2024 Resolution accepting the work for the Pedestrian Mall Camera Project. Prepared By: Scott Sovers - Assistant City Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: None Staff Recommendation: Approval Attachments: Engineer's Report Resolution Executive Summary: Construction of the Pedestrian Mall Camera Project has been completed by Tri-City Electric Company of Davenport, Iowa, in substantial accordance with the plans and specifications developed by Modus Engineering Ltd. of Iowa City, Iowa. The Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's Office. Project Estimated Cost: $ 95,000.00 Project Bid Received: $ 92,845.00 Project Actual Cost: $110,858.00 There were two (2) change orders on this project. They generally included additional equipment as needed to provide power and connectivity to the cameras I I i r-- sk '�►iiwW ® e q— CITY OF IOWA CITY UNESCO CITY OF LITERATURE 410 East Washington Street ENGINEER'S REPORT Iowa City, Iowa 52240-1826 319-356-5000 1 www.icgov.org September 19, 2024 City Clerk Iowa City, Iowa Re: Pedestrian Mall Camera Project Dear City Clerk: I hereby certify that the construction of the Pedestrian Mall Camera Project has been completed by Tri-City Electric Company of Davenport, Iowa in substantial accordance with the plans and specifications prepared by Modus Engineering Ltd. The project was bid as a unit price contract and the final contract price is $110,858.00. There were two (2) change or extra work orders for the project as described below: Change Order Description Net Contract Change 1. Additional equipment required to provide connectivity to cameras $16,088.00 2. Camera power cabling $1,925.00 TOTAL $18,013.00 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Prepared by: Scott Sovers, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 Resolution No. 24-243 Resolution accepting the work for the Pedestrian Mall Camera Project Whereas, the Engineering Division has recommended that the work for construction of the Pedestrian Mall Camera Project, as included in a contract between the City of Iowa City and Tri- City Electric Company of Davenport, Iowa, dated May 19, 2023, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Police Department's operating budget account # 10410310-474420; and Whereas, the final contract price is $110,858.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 1st day of October 12024 M or LD Attest: 0 �/ City Clerk It was moved by Moe and seconded by adopted, and upon roll call there were: Ayes: X Nays: Approved by City Attor ey's Office (Sue Dulek - 09/25/2024) salih the Resolution be Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Item Number: 6.d. f ,I CITY OF IOWA CITY COUNCIL ACTION REPORT October 1, 2024 Resolution accepting the work for the Rohret South Trunk Sanitary Sewer Construction Project. Prepared By: Joe Welter - Senior Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Kirk Lehmann - Assistant City Manager Fiscal Impact: None Staff Recommendation: Approval Attachments: Engineer's Report Resolution Executive Summary: Construction of the Rohret South Trunk Sanitary Sewer Construction Project has been completed by Maxwell Construction, Inc. of Iowa City, Iowa, in substantial accordance with the Project Manual developed by Strand Associates, Inc. of Madison, Wisconsin. The Engineer's Report and the Performance, Payment, and Maintenance Bond are on file in the City Clerk's Office. Project Estimated Cost: $3,475,000.00 Project Bid Received: $4,031,269.75 Project Actual Cost: $4,081,880.62 Background / Analysis: This project constructed a trunk sanitary sewer from the east side of Abbey Lane to the west side of US Highway 218. Abbey Lane and Rushmore Drive were reconstructed, including private sanitary sewer services, street pavement, driveway aprons, sidewalks, curb ramps, other public utilities, seeding, and sodding. The existing sanitary sewer along Abbey Lane and Rushmore Drive was also filled and abandoned in place. " 44�L CITY OF 4OV A CITY 410 Pest Washington Street www.i0gov.org ENGINEER'S REPORT September 24, 2024 City Clerk Iowa City, Iowa Re: Rohret South Trunk Sanitary Sewer Construction Project Dear City Clerk: I hereby certify that the Rohret South Trunk Sanitary Sewer Construction Project has been completed by Maxwell Construction, Inc. of Iowa City, Iowa, in substantial accordance with the Project Manual developed by Strand Associates, Inc. of Madison, Wisconsin. The project was bid as a unit price contract and the final contract price is $4,081,880.62. There were four (4) change orders on this project, as follows: 1. Addition of Storm Sewer Manhole in the Intersection of Abbey Lane and Cae Drive — $11,900.00 2. Extension of Substantial Completion and Final Quantities — $38,112.87 3. McKinley Place/Rushmore Drive Intersection Pavement and Final Quantity Adjustments -- ($3,002.00) 4. Raising of the Utility Area between 2035 and 2047 Abbey Lane — $3,600.00 Total: $50,610.87 1 recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, IZ —10 Jason Havel, PE City Engineer E Prepared by: Joe Welter, Engineering Division, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No. 24-244 Resolution accepting the work for the Rohret South Trunk Sanitary Sewer Construction Project Whereas, the Engineering Division has recommended that the work for construction of the Rohret South Trunk Sanitary Sewer Construction Project, as included in a contract between the City of Iowa City and Maxwell Construction, Inc. of Iowa City, Iowa, dated 27 April 2023, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Rohret South Sewer Project, Account Number V3155; and Whereas, the final contract price is $4,081,880.62._ Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 1 Gt day of O.t.ber 20 24 Ma or Attest: 1 C� City)Clerk It was moved by Moe and seconded by adopted, and upon roll call there were: Ayes: Nays: Approved by Z4��- City Attorne s Office (Sue Dulek — 09/25/204) Salih the Resolution be Absent: x Alter x Bergus X Dunn X Harmsen X Moe X Salih X Teague Item Number: 6.e. f ,I CITY OF IOWA CITY COUNCIL ACTION REPORT October 1, 2024 Resolution accepting the work for the Landfill Cell FY23 Construction Project. Prepared By: Joe Welter - Senior Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Kirk Lehmann - Assistant City Manager Fiscal Impact: None Staff Recommendation: Approval Attachments: Engineer's Report Resolution Executive Summary: Construction of the Landfill Cell FY23 Construction Project has been completed by Delong Construction of Washington, Iowa, in substantial accordance with the Project Manual developed by SCS Engineers. The Engineer's Report and the Performance, Payment, and Maintenance Bond are on file in the City Clerk's Office. Project Estimated Cost: $3,700,000.00 Project Bid Received: $3,277,685.00 Project Actual Cost: $3,578,349.24 There were eleven change orders on the project, including revised utility materials, revised grading, slope repairs, additional bedding and backfill materials, additional pavement, manhole and electrical work, additional liner testing, rock ditch checks, remote well protection and transducer system modifications, additional TDA drainage layer material and other associated work. Background / Analysis: This project built the next cell at the Iowa City Landfill and Recycling Center. The new cell is approximately 11.1 acres and is estimated to last nine to eleven years. Solid waste began to be placed within the cell in January 2024 and the cell was incorporated into the facility's Sanitary Disposal Project Permit with the Iowa Department of Natural Resources before waste was placed in the cell. ENGINEER'S REPORT September 24, 2024 City Clerk Iowa City, Iowa Re: Landfill Cell FY23 Construction Project Dear City Clerk: r 1 ww �- CITY OF IOWA CITY UNESCO CITY OF LITERATURE 410 East Washington Street Iowa City, Iowa 52240-1826 319-356-5000 1 www.icgov.org I hereby certify that the Landfill Cell FY23 Construction Project has been completed by Delong Construction of of Washington, Iowa, in substantial accordance with the Project Manual developed by SCS Engineering, Inc. The project was bid as a unit price contract and the final contract price is $3,578,349.24, There were eleven (11) change orders on this project, as follows: 1. Sanitary Sewer Pipe Material Correction — $1,643.65 2. Revised Grading Quantity and Schedule — $205,250.00 3. Slope Repairs on the Northwest Corner — $44,290.00 4. Bedding and Backfill Materials for Leachate and Underdrain Cleanouts — $94,698.00 5. Campus Area Pavement, Manholes, and Electrical Work — $19,725.50 6. Bulk Earthwork Final Quantities— $25,406.80 7. Additional Liner Testing — $9,900.00 8. Rock Ditch Checks — $6,110,00 9. Remote Well Protection and Transducer System Modifications — $28,524.00 10. Final Quantities — ($79,230.71) 11. Additional TDA Drainage Layer Material on North Slope and Final Quantities — ($33,153.00) Total Cost Difference for Change Orders was $323,164.24 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, —C Jason Havel, E City Engineer M Prepared by: Joe Welter, Engineering Division, Public Works, 410 East Washington Street, Iowa City, IA 52240 (319) 356-5144 Resolution No. 24-245 Resolution accepting the work for the Landfill Cell FY23 Construction Project Whereas, the Engineering Division has recommended that the work for construction of the Landfill Cell FY23 Construction Project, as included in a contract between the City of Iowa City and Delong Construction of Washington, Iowa, dated December 29, 2022, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Future Landfill Cell Project, Account Number L3338; and Whereas, the final contract price is $3,578,349.24. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 1st day of October Attest: &Ux&ce---, City Clerk It was moved by Moe adopted, and upon roll call there were: Ayes: M 2024 f M or and seconded by Nays: Approved by City Attorn 's Office (Sue Dulek — 09/25/2024) salih the Resolution be Absent: Alter x Bergus x Dunn Harmsen Moe Salih Teague Item Number: 6.f. f ,I CITY OF IOWA CITY COUNCIL ACTION REPORT October 1, 2024 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest a Pre -design Agreement by and between the Iowa Department of Transportation and the City of Iowa City. Prepared By: Alin Dumachi - Senior Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Kirk Lehmann - Assistant City Manager Fiscal Impact: None Staff Recommendation: Approval Attachments: Resolution IDOT - Pre -Design Agreement Executive Summary: This item approves an agreement between the Iowa Department of Transportation and the City of Iowa City for the reconstruction of Dodge Street/Hwy 1 between Burlington Street and Governor Street. The Project will be a joint project between the Iowa Department of Transportation and the City of Iowa City and the agreement outlines the proposed cost sharing for the Project. Background / Analysis: The project corridor is Dodge Street/Hwy 1, between Burlington Street and Governor Street, which is a joint -jurisdiction roadway maintained by the Iowa Department of Transportation, extending approximately 6,200 linear feet (1.17 miles). The existing pavement is a 33-foot- wide Portland Cement Concrete (PCC) pavement with Hot Mix Asphalt (HMA) overlay, consisting of two southbound lanes with a buffered bicycle lane on the right side, and sidewalks on both sides of the street. The existing pavement is in poor condition at the end of its useful life and requires reconstruction. While sidewalk facilities exist along both sides of Dodge Street, including curb ramps at most intersections, most are not ADA compliant. The Dodge Street Reconstruction Project includes new 10-inch PCC pavement, ADA compliant sidewalks and curb ramps, new sanitary and storms sewers, as well as water main upgrades. Project Timeline: Design: Fall 2024 — Fall 2026 Bid Letting: Fall/Winter 2026 Construction: 2027-2028 Prepared by: Alin Dumachi, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5143 Resolution No. 24-246 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest a Pre -design Agreement by and between the Iowa Department of Transportation and the City of Iowa City. Whereas, the City of Iowa City and Iowa Department of Transportation propose to make improvements to Dodge Street (Hwy 1) between Burlington Street and Governor Street; and Whereas, the project consists of the reconstruction of approximately 6,200 linear feet (1.17 miles) of Dodge Street, along with sidewalks on both sides of the street, and public utilities upgrades; and Whereas, the Iowa Department of Transportation and the City of Iowa City are willing to jointly participate in said project; and Whereas, this Pre -design Agreement is intended to establish the project responsibilities and the cost sharing; and Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Pre -design 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 Pre - design Agreement. 3. The City Manager is authorized to execute amendments to the Pre -design Agreement as they may become necessary. Passed and approved this 1st day of October , 20 24 Ma Approved by Attest: City Clerk City Attor y's fice (Sue Dulek - 09/25/2024) Resolution No. 24-246 Page 2 It was moved by Moe and seconded by adopted, and upon roll call there were: Ayes: x Nays: salih the Resolution be Absent: Alter x Bergus x Dunn Harmsen Moe Salih Teague IOWA DEPARTMENT OF TRANSPORTATION Predesign Agreement For Primary Road Project County City Project No. Iowa DOT Agreement No. Staff Action No. Johnson Iowa City NHSN-001-5(121)--2R-52 2024-P-101 This Agreement, is entered into by and between the Iowa Department of Transportation, designated the "DOT", and the city of Iowa City, Iowa, a Local Public Agency, designated the "LPA" in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 as applicable; The DOT proposes to establish or make improvements to Iowa 1 within Johnson County, Iowa; and The DOT and the LPA intend to jointly participate in said project, in the manner provided herein and This Agreement reflects the current concept of this project which is subject to modification by mutual agreement between the LPA and the DOT; and Therefore, it is agreed as follows: 1. Project Information a. The LPA shall design and acquire the project right of way, and the DOT will let and inspect (with the exception of water main and sanitary sewer work, which will be inspected by the LPA) construction of the following described project in accordance with the project plans and DOT Standard Specifications: Southbound Iowa 1 will be reconstructed with Portland cement concrete (PCC) pavement from East Burlington Street to North Governor Street in Iowa City. See Exhibit A for project location. 2. Project Cost a. The estimated total construction cost for the project is: TOTAL* $18,061,247.42 *Estimate does not include: Engineering, Construction Observation & Administration, and Property Acquisition Costs b. The LPA shall be responsible for 100% of the costs for the following improvements: (1) Side road reconstruction at the following locations: a. East College Street: Both sides of Iowa 1, reconstructed with PCC pavement with curb and gutter b. East Washington Street: Both sides of Iowa 1, reconstructed with PCC pavement with curb and gutter c. Iowa Avenue: Both sides of Iowa 1, reconstructed with PCC pavement with curb and gutter d. East Jefferson Street: Both sides of Iowa 1, reconstructed with PCC pavement with curb .and gutter e. East Market Street: Both sides of Iowa 1, reconstructed with PCC pavement with curb 2024-P-101_IowaCity and gutter f. East Bloomington Street: Both sides of Iowa 1, reconstructed with PCC pavement with curb and gutter g. East Davenport Street: Both sides of Iowa 1, reconstructed with PCC pavement with curb and gutter h. Fairchild Street: Both sides of Iowa 1, reconstructed with PCC pavement with curb and gutter i. Church Street: Both sides of Iowa 1, reconstructed with PCC pavement with curb and gutter j. Ronalds Street: Both sides of Iowa 1, reconstructed with PCC pavement with curb and gutter k. Brown Street: Both sides of Iowa 1, reconstructed with PCC pavement with curb and gutter and brick restoration (2) Underground utilities (water and sanitary sewer) (3) Traffic signals and lighting replacement (4) Other miscellaneous LPA items, including but not limited to: Items located behind the curb and gutter, such as modular block retaining wall, brick paving, landscaping, etc. c. The LPA shall be responsible for approximately 92% of the costs for the following improvements: (1) Multi -use path d. The LPA shall be responsible for 74% of the costs for the following improvements: (2) Storm sewers e. The LPA shall be responsible for 50% of the costs for the following improvements: (1) Sidewalk replacement located along Iowa 1, and sidewalk replacement located along adjacent LPA side streets for the tie-in length necessary to comply with The Americans with Disabilities Act (ADA) (2) Miscellaneous shared construction items (mobilization, traffic control, erosion control, driveways etc.) f. The DOT shall bear all costs except those allocated to the LPA under other terms of this Agreement. 3. Project Design a. The LPA or its consultant shall be responsible for the design of all proposed improvements. b. The project plans, specifications and engineer's cost estimate shall be prepared and certified by a Professional Engineer licensed to practice in the State of Iowa. c. All proposed highway or street improvements shall be designed using the American Association of State Highway and Transportation Officials (AASHTO) "Policy on Geometric Design of Highways and Streets" (latest edition), or other equivalent generally recognized engineering or safety standard, criteria, or design theory. d. The project design shall comply with the "Manual on Uniform Traffic Control Devices for Streets and Highways", by the Federal Highway Administration, as adopted by DOT per 761 Iowa Administrative Code, Chapter 130. 2024-P-101_IowaCity 4. Environmental, Right of Way, Permits and Other Requirements a. The LPA shall be responsible for obtaining any necessary permits from the DOT, such as the Work Within the Right of Way Permit, Access ConnectionfEntrance Permit, Utility Accommodation Permit, Application for Approval of a Traffic Control Device, or other construction permits required for the project prior to the start of construction. Neither the approval of funding nor the signing of this Agreement shall be construed as approval of any required permit from the DOT. b. The LPA shall obtain all project permits and/or approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, and/or other State or Federal agencies as may be required. c. If right of way is required for the project, the LPA shall acquire the necessary right of way in accordance with 761 Iowa Administrative Code Chapter 111, Real Property Acquisition and Relocation Assistance. The LPA shall submit preliminary right of way plans to the DOTS Right of Way Bureau (Property Management LPA Coordinator) for review and approval prior to the commencement of any acquisition negotiations. d. Additionally, the portions of rlght of way acquired for improvements to the Primary Road System shall be acquired in the name of the State of Iowa, for the use and benefit of the DOT. The LPA shall be responsible for closing the real estate transaction for each parcel, disbursing funds to sellers and obtaining all necessary documents required to clear title to the land acquired per Iowa Land Title Standards and the current Iowa DOT Right of Way Manual. The LPA shall also be responsible for filing all conveyance and title clearing documents with the County Recorder and shall provide the DOT Right of Way Bureau with copies of all completed purchase agreements/contracts, deeds, easements, condemnation documents and acquisition plats (for State right of way) upon completion of the right of way activities. The LPA, or the LPA's closing agent, shall be responsible for preparing and filing Form 1099-S (Proceeds from Real Estate Transactions) with the Internal Revenue Service for all reportable real estate transactions pursuant to current IRS requirements. If the project requires utility relocations, subject to the approval of and without expense to the DOT, the LPA agrees to perform or cause to be performed all relocations, alterations, adjustments or removals of existing utility facilities, including but not limited to power, telephone lines, fiber optics lines, natural gas pipelines, water mains and hydrants, curb boxes, utility accesses, storm water intakes, sanitary severs, and related poles, Installations and appurtenances, whether privately or publicly owned, and all parking meters, traffic signals and other facilities or obstructions which are located within the limits of an established street or alley and which shall interfere with construction of the project and the clear zone_ All utility relocations shall be accomplished in accordance with the DOT's Utility Accommodation Policy, as set forth in 761 Iowa Administrative Code, Chapter 115. 5. Traffic Control The DOT shall temporarily close the highway project area by formal action in accordance with Iowa Code section 306.41. Iowa 1 through -traffic will be detoured off of the project area. The LPA will authorize the DOT to erect and maintain signs within its jurisdiction, consistent with Part 6 of the "Manual on Uniform Traffic Control Devices", as necessary to direct traffic to and along said detour route during the construction period. The DOT shall also remove said signs when the detour is discontinued. Details will be shown on the traffic control sheets within the project plans. A separate detour agreement shall be negotiated and the LPA will be eligible for compensation for the detour in accordance with the DOT Detour Policy. b, It shall be necessary to temporarily close LPA side roads East College Street, East Washington Street, Iowa Avenue, East Jefferson Street, East Market Street, East Bloomington Street, East 2024-P-101 _Iov. aCity Davenport Street, Fairchild Street, Church Street, Ronalds Street, and Brown Street during construction. The DOT shall furnish and install the required barricades and signing for the closure at project cost and shall remove same upon completion of the project. The DOT shall work in close cooperation with the LPA and the contractor to accommodate emergency services and local access across the project during construction. Any detours which may be necessary for project related LPA road closures shall be the responsibility of the LPA all at no expense or obligation to the DOT. 6. Construction & Maintenance a. A future Preconstruction Agreement shall be negotiated between the DOT and LPA to further define project responsibilities and cost sharing. b. Upon completion of the project, no changes in the physical features thereof shall be undertaken or permitted without the prior written approval of the DOT. c. Future maintenance of the primary highway within the project area shall be carried out in accordance with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150. 7. General Provisions a. If the LPA has completed a Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the FIS is modified, amended or revised in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the modification, amendment or revision to the DOT. If the LPA does not have a detailed Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the LPA does adopt an FIS in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the FIS to the DOT. b. The LPA shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by The Civil Rights Act of 1964 (42 U.S.C. Chapter 21) and Iowa Code Chapter 216. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which State and/or Federal funds are used. c. It is the intent of both (all) parties that no third party beneficiaries shall be created by this Agreement. d. If any section, provision, or part of this Agreement shall be found to be invalid or unconstitutional, such finding shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not found to be invalid or unconstitutional, except to the extent that the original intent of the Agreement cannot be fulfilled. e. This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s), and/or amendment(s); represents the entire Agreement between the LPA and DOT regarding this project. All previously executed agreements shall remain in effect except as amended herein. Any subsequent change or modification to the terms of this Agreement shall only be in the form of a duly executed written amendment to this document. 2024-P-101_IowaCity IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2024-P-101 as of the date shown opposite its signature below. CITY OF IOWA CITY: By: Date October 1 20 24. Title: yor 1, Kellie K. Grace certify that I am the Clerk of the City, and that Mayor Bruce Teague , who signed said Agreement for and on behalf of the City was duly authorized to execute the same on the 1st day L Signed: City tlerk of Iowa City, Iowa IOWA DEPARTMENT OF TRANSPORTATION: By: av'4 do-4� Date October 25 James R. Schnoebelen, P.E. District Engineer District 6 2024-P-101 _IowaCity 5 October 2024. Appfa"d By City Attorney's Office ,2024. Exhibit A Project Location IA 1 SB (N. Dodge St.) N H S N -001-5 (121)--2 R-5 2 19-52-001-010 C COLLEGE 2024-P-101 _IowaCity Item Number: 7.a. I, CITY OF IOWA CITY "c� COUNCIL ACTION REPORT October 1, 2024 Motion setting a public hearing for October 15, 2024, on an ordinance amending Title 14, Zoning Code, to allow redemption centers in commercial and industrial zones. (REZ24-0007) Attachments: REZ24-0017 Memo w Attachments Planning & Zoning Commission Correspondence r ��_..® CITY OF IOWA CITY R& MEMORANDUM Date: September 18t", 2024 To: Planning & Zoning Commission From: Madison Conley, Associate Planner, Neighborhood & Development Services Re: Zoning Code Amendment (REZ24-0007) to allow redemption centers in commercial and industrial zones Introduction In 1978 the state of Iowa enacted Iowa's Beverage Containers Control Law, also known as the "Bottle Bill," which allows consumers to receive their return deposit when returning the empty beverage container to a store or redemption center. Redemption centers are facilities where consumers may return empty beverage containers and receive payment for the refund value of the containers. In June 2022, the Bottle Bill was amended to allow stores, like grocery stores, to opt out of redeeming containers if there is a redemption center nearby or if other criteria are met. Some grocery stores have redemption centers affiliated with them. For example, the North Dodge Hy-Vee located at 1125 N Dodge St. and zoned Community Commercial (CC-2) provides a space for customers to redeem empty cans and bottles. Additionally, Iowa City has an existing redemption center known as the Can Shed. This property is located at 611 Hollywood Blvd #3 and located in a General Industrial (1-1) zone; however, they would like to operate within a commercial zone to expand their services, improve their collection process, and provide easier access to the community. In order to allow for these changes, a code amendment is necessary. Staff developed the proposed amendment (Attachment 1) which creates redemption centers as a land use type, allows the use within commercial and research and industrial zones, and applies appropriate standards for this use within commercial zones. Current Regulations Currently, the Zoning Code (Title 14) does not contain any specific language that assists with defining, classifying, or regulating redemption centers. Historically, redemption centers located within grocery stores have been allowed within commercial zones. However, any stand-alone redemption center related use has been classified under the Waste Related Use category. The Waste Related Use category is characterized by any uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location; uses that collect sanitary wastes; uses that recycle solid waste or recyclable materials; and uses that manufacture or produce goods or energy from biological decomposition of organic material. Examples of this land use category include recycling process facilities, sanitary landfills, limited use landfills, waste composting, waste transfer stations energy recovery plants, sewage treatment plants, portable sanitary collection equipment storage and pumping, and hazardous waste collection sites (14-4A-4). This use is provisionally allowed in the General Industrial (1-1) and Heavy Industrial (1-2) zones. With this interpretation, stand-alone redemption centers are only allowed in industrial zones. In reviewing the proposal from the Can Shed, it became apparent to staff that classifying redemption center uses as very intense industrial land uses comparable to landfills and recycling facilities did not accurately reflect the intended use or how they proposed to operate. September 18, 2024 Page 2 Proposed Amendments The proposed amendment includes the following: 1. Creates a new use category — "Redemption Center", 2. Amends the table of allowable uses in commercial and industrial zones, 3. Provides a definition for "Redemption Center", 4. Creates provisional use standards for "Redemption Center", and 5. Outlines minimum parking requirements for "Redemption Center". Use Regulations The proposed amendment includes the creation of "Redemption Center" as a use category characterized as an indoor facility that collects empty bottles and cans from consumers, distributes payment of the refund value, and may utilize compressing machines. The proposed accessory uses are offices and off-street parking. This use would include the following exceptions: recycling processing facilities will continue to be classified as waste related uses, and establishments that offer beverages for sale are classified as either sales -oriented retail, alcohol sales oriented retail, eating establishment, or drinking establishment. The proposed amendment proposes changes to the tables of allowable uses in the commercial and industrial zones. Staff is proposing that redemption centers be allowed either as a use permitted by right (P) or a provisional (PR) use subject to additional standards. Table 1 provides further clarification. Table 1: Zones Allowing Redemption Centers Either Provisionally or Permitted By -Right. Zone Provisional v. Permitted Use Commercial Office CO-1 PR Neighborhood Commercial (CN-1) PR Highway Commercial (CH-1) P Intensive Commercial (CI-1) P Community Commercial (CC-2) PR Central Business Service (CB-2) PR Central Business Support (CB-5) PR Central Business CB-10 PR General Industrial I-1 P Heavy Industrial I-2 P Research Development Park (RDP) P Office Research Park (ORP) P Staff recommends allowing redemption centers by -right in research and industrial zones. Staff has determined that the size limitations and prohibition on outdoor storage recommended for provisional uses, which are discussed in the next section, are not needed in these more intensive zones that allow outdoor storage. Staff proposes that redemption centers be allowed by -right in the CH-1 and CI-1 zones. Although these are commercial zones, these zones allow outdoor storage when certain standards like adequate concealment of materials, setbacks, and screening requirements are met (14-2C-6). These zones would allow more flexibility with size and outdoor storage of redemption centers compared to the commercial zones in which this use is provisionally allowed. Staff recommends allowing redemption centers provisionally in most commercial zones in order to help protect the surrounding properties by mitigating potential negative externalities associated with this use. Redemption centers that are allowed provisionally would be required to meet specific use standards discussed below. September 18, 2024 Page 3 Use Specific Standards The proposed amendment recommends that zones where redemption centers are allowed as a provisional use be subject to the following use specific standards: 1. Size of use limited to no more than 5,000 square feet. 2. Outdoor storage of any materials is not allowed. The recommended use specific standards include a size limitation of no more than 5,000 square feet and the prohibition of outdoor storage. Based off the research of other local jurisdictions, restricting the size and outdoor storage is a common practice. Several jurisdictions in Oregon have a 5,000 square foot size limitation. Additionally, the City's zoning code already uses 5,000 square feet as a maximum for other uses in commercial zones, such as Indoor Commercial Recreational Uses in the CO-1 and CN-1 zones and Office Uses in the CN-1 zone. The proposed size limitation is consistent with other size restrictions in the zoning code. Regarding the prohibition on outdoor storage, the zones that would allow redemption centers provisionally already prohibit outdoor storage. However, staff recommends adding this use standard to provide further clarify to any redemption center business looking to operate in Iowa City. Staff is recommending that redemption centers be allowed in all commercial zones, including the neighborhood commercial zones and zones that apply to the core of the city. Staff determined it would be appropriate to apply these use specific standards in commercial zones that may abut residential land uses in order to maintain the character and scale of intensity of the surrounding properties. To further clarify, staff recommends applying these standards in all commercial zones except the CH-1 and CI-1 zones where this use would be permitted by right, as well as industrial zones. Therefore, if a redemption center wanted to increase their footprint or incorporate outdoor storage, they would have the option to locate in a zone with more permissive standards. Parking Requirements The proposed amendment alters the minimum parking standards to include an on -site parking ratio for redemption center uses. Staff recommends a ratio of 1 space per one thousand (1,000) square feet of floor area with no required bicycle parking. Staff does not anticipate that this use will require many parking spaces due to the nature of the business. Patrons will likely visit the space to quickly receive their redemption and leave. Additionally, this is a minimum requirement. If a particular redemption center anticipates a greater parking need, providing more parking spaces would be allowed. Analysis Since the City's current regulations do not contemplate redemption centers, staff looked to how other jurisdictions regulate this land use. Staff developed a list of local jurisdictions (Attachment 2) and analyzed how redemption centers are regulated. Staff found value in looking to the State of Oregon. In Oregon, redemption centers are most often considered commercial uses and viewed as some type of service provided to the community. Many of the Oregon jurisdictions viewed redemption centers as a commercial use, but also felt it was necessary to implement use specific standards in certain zones. Additionally, staff evaluated how redemptions centers are regulated in Iowa. In Iowa, redemption centers are typically industrial land uses, not the commercial land uses that exist in Oregon and envisioned by the Can Shed. Table 2 summarizes how the cities of Portland, Bend, Gresham, and Des Moines regulate redemption centers. September 18, 2024 Page 4 Table 2: Examples of Redemption Center Regulations City of Portland, OR Use Classification: Commercial, Retail Sales and Services, Repair Oriented Definition: Recycling Drop Off. A facility for the drop-off and temporary holding of materials such as paper, cardboard, glass, metal, plastic, batteries, and motor oil. Processing of materials is limited to glass breaking and separation. Recycling materials are not sold to a recycling drop-off center. A recycling drop-off center is intended for household or consumer use. Use by commercial or industrial establishments is not included. Unattended drop-off stations for single materials, such as newsprint, are also not included. Zones Allowed: Allowed in a variety of mixed use and commercial zones, including general employment and industrial zones. Use Specific Standards: None City of Bend, OR Use Classification: Commercial Definition: Indoor retail facility approved by the Oregon Liquor Control Commission facilitating the return of empty beverage containers and serving dealers of beverages, where any person may return empty beverage containers and receive payment of the refund value of such beverage containers. Zones Allowed: Allowed in both commercial and industrial zones. Use Specific Standards: - If the use is accessory to a primary industrial use, the size limit cannot exceed 10 percent or 2,500 square feet (whichever is greater). - If the total gross floor area of use does not exceed 2,500 square feet, the use is considered primary. If there are multiple uses that share one building, the total building area shall not exceed 5,000 square feet. A single use may occupy 5,000 square feet if approved through a Conditional Use Permit and comply with Commercial Design Review Standards. City of Gresham, OR Use Classification: Commercial, Business and Retail Service and Trade Definition: An indoor retail facility approved by the Oregon Liquor Control Commission facilitating the return of empty beverage containers and serving dealers of beverages, where any person may return empty beverage containers and receive payment of the refund value of such beverage containers. Zones Allowed: Allowed in a variety of commercial zones, including neighborhood commercial, downtown, and industrial zones. Use Specific Standards: None City of Des Moines, IA Use Classification: Industrial, Industrial Service -Intensive Definition: Industrial Services -Industrial: Light uses involving outdoor storage areas and uses involved in repair and maintenance directly to business consumers or involving large equipment. Examples include redemption centers. Zones Allowed: Industrial zones Use Specific Standards: - No part of the use may be a residential use. - No odors, gases, noise, vibration, pollution of air, water or soil, or lighting shall be emitted onto any adjoining property so as to create a nuisance. September 18, 2024 Page 5 For intensive uses, the owner or occupant must provide the neighborhood services director with an acceptable impacts statement describing the use and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use; and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property as to create a nuisance. - For intensive uses, the use shall be operated in strict conformance with the written statement provided to the neighborhood services director. - For intensive uses, all outdoor storage areas shall be designed to allow no part of any stored material, vehicles, or equipment to encroach into the required setbacks. - Outdoor storage of inoperable or unsafe vehicles in quantities constituting a junk or salvage yard is prohibited. Table 2 demonstrates the range of different regulatory approaches that jurisdictions have taken. For example, the City of Portland considers redemption centers as a "Retail Sales and Services" use under the commercial category. "Retail Sales and Services" includes providing product repair or services for consumer and business goods. Portland views redemption centers as a "Repair - oriented" service and has classified them as "recycling drop-off' which accepts materials like paper, cardboard, glass, metal, plastic, batteries, and motor oil. The cities of Bend and Gresham categorize redemption centers as a commercial use. Both jurisdictions recognize redemption centers as a stand-alone use make it clear that redemption centers are indoor facilities that facilitate the return of empty beverage containers. This differs from the City of Portland, which treats this use as a "recycling drop-off' and accepts a variety of materials other than empty beverage containers. The City of Des Moines moves further away from the approach that the cities of Bend or Gresham have taken by considering redemption centers as an "Industrial Service". This jurisdiction finds redemption centers to be similar to uses that deal with repair, maintenance, and large equipment. Table 2 shows that while some jurisdictions consider redemption centers as a commercial service, others, like Des Moines, classify these uses as industrial. This is also how the City of Iowa City has historically classified these uses. Additionally, there is variation in how cities regulate this use within commercial zones. On one end, the City of Portland allows the recycling of all types of materials whereas the City of Gresham focuses on the redemption of empty beverage containers. Anticipated Impact Staff has prepared two maps that visually represent how the proposed amendment would apply to land within the city. Figure 1 shows the location of the zones where the proposed amendment would allow redemption centers. Most of the areas are concentrated in the southern portion of the city since most of the city's commercial and industrial land is in this area. Additional areas where the proposed amendment would allow redemption centers include the center of the city, Old Towne Village, Towncrest, and the area near the intersection of N. Dodge St and 1-80. See Attachment 3 for a larger version of this map. September 18, 2024 Page 6 Figure 1. Proposed Zones to Allow Redemption Centers N Proposed Zones to Allow Redemption Centers �INSOR AVE N JEFFERSON STM y �BNRLINGTON ST 7 GOIIRT ST MFj![ m Sf 'YlGti LE[Ni FVJ .. kk6ENTON ST % KIRKVJOOn AVE MNfiGATiN AVE k•� L N < --------------------------- 6 k� Legend Iowa City Zoning - Community Commercial 0 General Industrial (TI) Mlxad Use (MU) (Cr2) Central Business heavy Industrial (12) _ Commercial Office - Services (Cb2) Research Development Park (RDP) (Col) i--j Neighborhood - Central business Support (CB5) Office Researh Park - (C)RR) Commercial (CN1) Central business (Cb10) Q Iowa City Limits �Highway Commercial(CHI) Intensive Commercial 4 (CI1) 0 0.5 1 2 Miles va �sw snneian nomm�nseru,uiemi.,e mrem-vi:� Figure 2 shows where the proposed amendment would allow redemption centers either as a permitted use or as a provisional use. The green areas identify the areas where redemption centers would be permitted by right. The yellow areas reflect land that would require compliance with the proposed provisional use standards. See Attachment 4 for a larger version of this map. September 18, 2024 Page 7 Figure 2. Redemption Centers: Proposed Permitted v. Provisional N Redemption Centers: Proposed Permitted v. Provisional W _(�_ E Legend Permitted Use: CH-1, CI-1, I-1, I-2, RDP, ORP 0 0.5 1 2 Provisional Use: CO-1, CN-1, CC-2, CB-2, CB-5, CB-10, MU Mlles Q Iowa City L 'units - """�'„"N°1 Consistency with Comprehensive Plan The vision of the Comprehensive Plan supports a resilient economy that increases tax base, stimulates job growth, and promotes the overall people's prosperity and progress. The plan includes a goal to "Increase and diversify the property tax base by encouraging the retention and expansion of existing businesses and attracting business that have growth potential and are compatible with Iowa City's economy". A strategy that supports this goal is to provide an attractive economic environment with streamlined, business -friendly culture by making regulatory and permitting processes clear, predictable, and coordinated. Allowing redemption center uses in commercial zones would make it easier for redemption center uses to locate in Iowa City. One of the plan's economic development goals focuses on "Encouraging a healthy mix of independent, locally -owned businesses and national businesses" with a strategy that aims to establish strategies to retain and encourage growth of existing locally -owned businesses. The Can Shed's proposition to expand to other areas of the community represents an opportunity to help support local businesses and remove barriers to their growth in the community. The proposed amendment helps existing businesses to want to stay in the community instead of looking to relocate to neighboring cities. The vision of the Comprehensive Plan focuses on protecting and enhancing the environment and encouraging the responsible use of our natural and energy resources with a goal to "Continue to track, measure and reduce energy consumption and greenhouse gas emissions," and "Raise awareness and expand opportunities for waste reduction, energy efficiency, stormwater management and other environmental issues". By allowing redemption centers in more areas of September 18, 2024 Page 8 the city, community members will have increased access and opportunities to contribute to waste reduction efforts. Since the IC2030 Comprehensive Plan was adopted in 2013, the city has increasingly focused on climate action. The city adopted the Climate Action and Adoption Plan in 2018, declared a Climate Crisis in 2019 and Adopted the Accelerating Iowa City's Action Plan in 2020. The goal set by these plans is to reduce carbon emissions by 45% from 2010 levels by 2030. The proposed amendment would help further these goals by promoting waste reduction and contributing to the community's recycling efforts. Staff Recommendation Staff recommends that Title 14, Zoning Code be amended as illustrated in Attachment 1 to allow redemption centers either as a provisional use subject to use specific standard or permitted use in commercial and industrial zones. Attachments 1. Proposed Zoning Code Text Amendments 2. Local Jurisdiction Research 3. Map of Proposed Zones to Allow Redemption Centers 4. Map of Permitted vs. Provisional Zones Approved by: +, • S1`I , Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services ATTACHMENT 1 Proposed Zoning Code Text Amendments Attachment 1 Page 1 Draft Zoning Code Text Underlined text is suggested new language. Strike -through notation indicates language to be deleted Amend Table 2C-1, Principal uses allowed in commercial zones, as follows: Use Categories Subgroups CO-1 CN-1 CH-1 CI-1 CC-2 CB-2 CB-5 CB-10 MU Redemption Center PR PR P Amend Table 2D-1, Principal uses allowed in industrial zones, as follows: Use Categories Subgroups 1-1 1-2 RDP ORP Redemption Center P P P P Amend 14-4A-4, Commercial use categories, as follows: J. Redemption Center Uses: 1. Characteristics: An indoor facility that collects bottles and cans from consumers, distributes payment of the refund value, and may utilize compressing machines. 2. Examples: Redemption center facilities. 3. Accessory Uses: Offices: off street parking. 4. Exceptions: a. Recycling processing facilities are classified as waste related uses. b. Establishments that offer beverages for sale are classified as either sales oriented retail, alcohol sales oriented retail, eating establishment, or drinking establishment. K J. Surface Passenger Services: L K Vehicle Repair Uses: Amend 14-4B-4, Specific approval criteria for provisional uses and special exceptions, as follows: B. Commercial Uses: 24. Redemption Center Uses in the CO-1, CN-1, CC-2, CB-2, CB-5, CB-10, And MU Zone: a. Redemption center uses are limited to five thousand (5,000) square feet gross floor area. b. Outdoor storage of any materials is not allowed. Amend Table 5A-2, Minimum parking requirements for all zones, except the CB-5, CB-10, Riverfront Crossings zones and Eastside Mixed Use District, as follows: Use Categories Subgroups Parking Requirement Bicycle Parking Redemption Center 1 space per 1,000 square feet of floor area None required ATTACHMENT 2 Local Jurisdiction Research Redemption Centers wr Ilt—ity city OR ild-,imi ., N.- S.Il N.- Ddilitim. =g .dl, d— not p—lill, . use Categ­ definition, ., d—l-ipti- of CG ­l, Z.— All—d CG - General C.Id.1 (P) WA Pl, ki, N/A ...... ./A SMC S.b.,b- Mixed Use Community Center IN -IR Suburban Mixed Use Regional l- P) Cedar Rapids,ld-,imi W — ld &­1mg C11-- Facility: A lot ., parcel of 1.ld, ith ., without building; upon which used ..-Mlk are separated -d t—P.—Ill before [hey are sent[ PF.—Ill TI M - -difti. -I Ind-l-i.1 Mixed Use PIN -Public I-il P) 1 per 1rv/a,0M GIFA DR 1 per emploon yIA ee largest shift T 1 1­1­ 1 �L - Light Ild-1.1 P) .,T l' l'—d—n- Go -G—F.1 Ind--1.1 P) ISW - Ild-1.1, Solid, and L—Fd— W— P) o"g- City, OR Ild-F1.1 N... IN... GI- G—F.1 Ild-F1.1 P) ./A WA N/A Auto Parking: CM1- C...—imll Lillil (Q) 1 PeF — qft/-t building (-ld.Fli CR- C...—imi Residential(L) A) —Yllm,,Pcff. C— C.—,,imll P) 1 per 20ftffil,t building (-ldk�Fd R)Hall R—ii 5Iu db ... J, gl,,, -1 I-il b,tl,,i,, -d III, PF111-Ilg 11 -111FIIII 11 II-It'e'dpt'.pl c' - c--imil ­lt P) h� --h -11— P-11h.d, OR C.—FdA and S-- b—kilg and R­dift --Mlk — l.t sold t. . -dill d,.p-.ff -- A F­dfilg IX -Central Commercial P) 1hol I d 1,oll, ll— l/� RIM,lb Parking: Rl,p.IF .FiMll drop-off -- itill Ill, hl,—h.ld F by A F ild-FIA —blikh-- il l.t ildludl,d. Ul—ldl,ld drop-.ff-tI— far sIhl& ll—Fl. I, I . IG1 G-1.1 E.PI.yl, lt (L/C) �hboffiood —h —I I lo ­00 L..9 Term: 2, .11 per 3,—sgR/net --prult, A- l.t ildl CG2 G-1.1 Employment(L/C( odd,,,on lo - , _ —­­,h houl, 1 building ,. (-ld.,d A), 2 f 1 Pl,l ),500 1 lo—d E- IG1 G-1.1 Ind-n. I (L/C) G �G2 —.1 Ild-rill, I (L/C) '�d' I .1- bl qft/-t building area Short T--: 2, 111 per 2,700 ft/la hbll bu �d E-no-o,— Ex H H­Ill (L/C) g ,. (-ldl,,d A), 2, ., 1 _ ,,CC building ,ftffil,t building area (-ldl,,ld 3) IP - I ld.A,i.1 -1, R—i-d (R)) V UC1 V i-d Use C.— I(R) b-M - U El Mixed Use-P ­2 �R :E VuE2 Mixed u: Ellp�­- R� MU R1-Mi Reside. �:R U:: :d �MuR2mid uResidential R b— P—... —blil that n-1 t.-.,d. the CN1 - N,ghil C1. . . Idmi (All—d (A)) Aut. Parking: Maximum: -/Mcc Tigard, OR Commercial Services P—i— f i, —l— ll,—illmore than Ill per -rw,, CC -Comm nit, C—doi(A) CG C...dm� G-1,I(A) Bicycle, Parking: 1.C/L.0 .1 f lod=. CP P.fi-- /Adliliktti C..._ia' (A) Th— ­­ M -CBD2 - Mixed Use C-1l, I —ihl— Di— fir-T�.o.l.u.0110��—�floo,o�oollh-�u-,.�lh�'-'O.'=l' (A) m UC - Mil Use C.—Idmi (A) buid —00 luo refaf :y bl 0- ofl. 0 : A Auto Parking:t 1ho spaceqft/fl.., ar — I.d .... t.iI f.dift—dbyh, D11Li—CCommission f.dith, return -=,.I Ild-n.1 (C) L d,,,il P) �GIL Ie le1 Rim,lb-kill 1P,12,5—q—,f-t,f m� Bend, OR N/A empty beverage, .l— and mg 1-1— f b—,­, h— ly person r"Pty d Commercial NIbeverage, fl..r.—.riper food truck; 25 percent —h­— .l— and p,yl,ltf the refund -1- f —, —.g, _lIl_CG-Lb.it C_G--I C...Ildmi (P) louo�—h -'hn I be sheltered under 'beu.ne 'hene1uhl 'he hrough d I l rh_ ildl,pl,ld— structure, .r similar 0' R - Office/Residential t (Limited (Q) Aut. Parking: NC-Nl,ighb.,h..dC...11dl,IL) DRU 11 Low -Rise L) pmernlfpr',= l'n 1grb foo.ge 5. Zllesomed :q M 3.2 ­— per L.C1 flfl— Residential D RL2 id-ti.1 Low -Rise (L) ol��=nboe u:nlgl noo sprnmdoo�e to d,ngf.�d Maximum: 1.3 ­— per i,—,ftli— Business ..d All indoor retail fidlit—dbyh, Dr,-LiqC.lCommission fl,dlith, return l H H GI -General Industrial (L( DreLo'o d Gresham, OR C.—rdmi t.iI .—1, f —pty beverage -l— ..d —mg &A— f bl,—.—, wherey y=�`DCC - D.—. . . Commercial C., (Permitted and Trader.g,.l empty ,ld r...,,p.y.f the refund fm, b=.g:t.— IN) =:u:,, follgll I lus,ne- o —1 T-de Bicycle Parking: DTIM - DowntownTr—it Mil P) 'e _ '00 uorele L..g Term: 2, r 1 per 12,000 ft/fl-r D MU -D..lt — Mixed U. P) DRL' 2�=:on:b'noll le-d-lo7,:O� ^tea^d Re.i area Short Term: 2, r 1 per 12,000 ft/fl-r DEM ..lt. . . L.l Mid-Ri- P) DCL - D—l— C.—rd.1 L.—Ri- P) BeavertonN/A C, Commercial N/A IN/A I I I N/A I I 11 Auto Parking; plo III lollo nd —1 Ill— po--nl am to I— p.p,ly fld-fi,) -- hld—ml: Light I— involving outdoor storage .— and use involved in Vi.i--space per staff op�—d 1, 1doo-o—am a Io�' I=mm Des Moines, IA ld-,imi Industrial —it, repair and .—t, directly t. buss —1,mg I.— Iq.ip—ll —plefi —ldilg h.pI, machine shops; publish and lithography; redemption centers; —,, 11 Industrial Di -id Permitted with Supplemental Use Rlg.l.ti—(P')) o'luupoIr do,lo—no-o,o po I I 1,ppli—1 III, parking f., office p,fi,-i. (1 space, Ill dry-cleaning andiiie —w cleaning plants; photofinishing laboratories and maintenance and ­.i, 12 Ild-l-W Di -id (P-) 400 sqft) —i— that are not otherwise 1—ifimd. P_d I Rit,ll, -kill IN!— R— --1 Ild..r fi.tili— f., obtaining .sd.i Ill,,gyfi— —.—WS— and Wh.1-1l, (P) D,b.q.,, IA M.A-i solid wane ., ­tlbd materials. Materials can be reused fi—hl,i—igimi purpose, packaged and shipped elsewhere, reprocessed f., . different purpose ., converted into l, I. include. Li Light Industrial(P) H I -H I— Ild-l-W (P) l/A l/A 1 —pl.— shift l/A bimfi-lk p ' salvage yard. V HlV.dil H I.W Ild-l-il, I (P) a building ., p-imn thereof, than L— ­— f— , floor CR %tlilCommercial �1­1llDepot: A. f., the -Ill_lilg, and _ sorage of waste and ,, ' C..�''C..P)d Maximum N..1— f Required Sp.t— 1 Salem, OR Ill Waste Ilk h— into —bl,---f., Th,t— —ydiltJ,P.,I— .ti­bd -. CB- Central (c) ­Bw"SalemCentral Business (C) 10M ­—f-t l/A Related . I 1, —_ilt.i-d -Wdb-1,id,shd- no ..,Ith-th—yp f"Ztl,d ,uim'. mx'd —(P) t- Burch .sI—, tin ­ ldeposited by members f the public d.Rtregular timi (P) Bicycle, Parking: l f., further transferor p--mg elsewhere. �Cdu G General Indurtrial (P) N— Waste and salvage: This is . t,g.,f., I— that t.11-, A., -11 .— ., p.,p `If marketing .' I'— materials, or collect and p—I. ­tl.bll, .—nol, f., the purpose M2 - Heavy Industrial (P) All pnI—odp-ol udid,nO.—I y pe C,&,',lill IA ld-nmi Waste and Salvage, imgth,n—mi i, them fl--d,.—tldp,,d— L)E—pl— Off.- hauling facility, yard, ­t1mg and -_mg facility; M2P - Planned lld-nmi (P) ol � L-1— pluuldoo storage ..d pumping; and hazardous —tl, collectiotn sia. tu. ATTACHMENT 3 Map of Proposed Zones to Allow Redemption Centers N ,r Proposed Zones to Allow Redemption Centers w E x HWY 80 co V J i+ f7j� v - MELROSEAVE, ' a hXk sit « L o w Of Legend U J, o= Iowa City Zoning Community Commercial General Industrial (I1) Mixed Use (MU) (CC2) - Heavy Industrial (I2) Commercial Office Central Business L� Services (CB2) Research Development 0 (CO1) Park (RDP) Neighborhood Central Business Support (CB5) Office Researh Park 0 (ORP) Commercial (CN1) 0 Central Business (CB10) Q Iowa City Limits Highway Commercial - Intensive Commercial (CH1) (CI1) AW;Q o< z B m )31 5\� m 0 IT Se. ry e 5/ W cc 0 a W o COURT ST HERBERT HOOVER HWY AMERICAN1 7 A ��,� � ��_ � _,LEGION Rn11j1 11 L.1 420 ST SE COLLISTE BLVD 0 0.5 1 2 Miles Data: https://maps.iowa-city.org/server/rest/services/GeneralData/IC_Zoning/ FeatureServer Prepared by: Sanzida Rahman Setu, Planning Intern, NDS Date: September 10, 2024 ATTACHMENT 4 Map of Permitted vs. Provisional Zones N Redemption Centers: Proposed Permitted v. Provisional 00 HWY80 _.w I m R' - i �0 IWV RD MEtMSEAVE r?o W O wir Aff A 'tea s Legend Permitted Use: CH-1, CI-1, I-1, I-2, RDP, ORP Provisional Use: CO-1, CN-1, CC-2, CB-2, CB-5, CB-10, MU 0 Iowa City Limits U)- W 0 m PARK RD CHURCH ST 0, F- - Q z r Q � O N'- �'rAti Ua4 ' p 9 � � 20 420 ST SE ' i 1 �Q MCC OLLISTER ' BLVDs> _ w J O PRE sue% 0 0.5 1 2 Miles Data: https://maps.iowa-city.org/server/rest/services/GeneralData/IC_Zoning/ FeatureServer Prepared by: Sanzida Rahman Setu, Planning Intern, NDS Date: September 10, 2024 Planning & Zoning Commission can t shed plastic•aIuminum-glass VG T A Clean New Model www.canshed.com W--24 Correspondence Submitted 9-18-24 �I A Modern Look Sleek Storefront Can Shed's latest model revolutionizes redemption centers, merging efficiency with style. Its sleek design and advanced technology enhance both service speed and aesthetics, offering a clean and welcoming experience that raises the bar for customer satisfaction. Retail Focus Can Shed's new model will focus on bolstering its presence in retail settings in order to capture more customers, coalesce with municipalities, and change the public's expectations regarding redemption centers. r, 0 Sealed Floor Finishes Can Shed will install and maintain a sealed floor finish to preserve all concrete floors during its tenancy. 3%k Sound -dampening Panels Can Shed will implement sound - dampening panels in order to maintain an orderly retail environment for its customers, co -tenants and landlords. 00000 ITIiIT, A Dedicated Team The Can Shed team understands the importance of a clean -look. Its staff is committed to upholding the retail standards set forth by city zoning ordinances, landlords and co -tenants. LCcan I shed plastic- aIuminurn- glass VHERE IT MAKE". ENTS TO RECY0 ac Lukins (319) 389-3051 isaac@canshed.com ;, www.canshed.com Item Number: 10.a. f ,I CITY OF IOWA CITY COUNCIL ACTION REPORT October 1, 2024 Resolution approving project manual and estimate of cost for the construction of the 2024 Iowa City Parks Improvements Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Reviewed By: Fiscal Impact: Staff Recommendation: Commission Recommendations Attachments: Resolution Ethan Yoder - Civil Engineer Jason Havel - City Engineer Juli Seydell Johnson - Parks & Recreation Director Ron Knoche - Public Works Director Kirk Lehmann - Assistant City Manager $593,000 is available in the Calder Park Trail account #R4132, College Green Park Playground account #R4385, New Park Development — Shannon Drive account #R4409, and Brookland Park Playground account #R4410 Approval Approval Executive Summary: This agenda item begins the bidding process for the 2024 Iowa City Parks Improvements Project. This project generally includes improvements at four separate parks: a new park at 1001 Shannon Drive; Brookland Park; College Green Park; and Calder Park. The new park at Shannon Drive includes a new shelter, playground, and sidewalk. Brookland Park includes a playground replacement and sidewalk. College Green includes a playground replacement, sidewalk, basketball court replacement, and cornhole boards. Calder Park includes a new trail segment connecting the park to Monument Hills Subdivision. Projects follow the 2017 Park Master Plan. Neighborhood meetings were held for the Shannon Drive, College Green Park and Brookland Park projects on the evening of May 8, 2024 at the Robert A. Lee Recreation Center. Postcard invitations were mailed to all addresses within half a mile of each park. Public notice was also made through a press release and social media posts. An online version of the public input topics was available for 10 days following the in -person meeting. The Parks & Recreation Commission reviewed and recommended approval of these plans at their July 10, 2024 meeting. Background / Analysis: The 2017 Park master plan has determined that the College Green and Brookland Park playgrounds are reaching the end of their serviceable life. The master plan also points out a deficiency in the Shannon Drive neighborhood area with a lack of accessible parks. Calder Park trail is needed for trail access connections and ADA access. Project Timeline: Public Hearing /Approve Project Manual: October 1, 2024 Bid Letting Date: October 29, 2024 Contract Award Date: November 4, 2024 Construction Dates: Spring 2025 to Fall 2025 Prepared by: Ethan Yoder, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5145 Resolution No. 24-247 Resolution approving project manual and estimate of cost for the construction of the 2024 Iowa City Parks Improvements Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above - named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Calder Park Trail account #R4132, College Green Park Playground account #R4385, New Park Development - Shannon Drive account #R4409, and Brookland Park Playground account #R4410. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the amount of 10% (ten percent) of bid payable to 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 29th day of October, 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 4th day of November, 2024, or at a special meeting called for that purpose. Passed and approved this 1st day of October , 2024 Maidr Approved by r Attest: 1, " � " City derk City Atto ey's Office (Sue Dulek - 09/25/2024) Resolution No. 24-247 Page 2 It was moved by Moe and seconded by adopted, and upon roll call there were: Ayes: x Nays: Alter the Resolution be Absent: 051 Alter Bergus Dunn Harmsen Moe Salih Teague Item Number: 10.b. CITY OF IOWA CITY COUNCIL ACTION REPORT October 1, 2024 Resolution approving project manual and estimate of cost for the construction of the Normandy Drive Storm Sewer Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Ben Clark — Senior Engineer Reviewed By: Jason Havel — City Engineer Ron Knoche — Public Works Director Kirk Lehmann — Assistant City Manager Fiscal Impact: $395,000 available in the Normandy Drive Storm Sewer Replacement account #M3629 Staff Recommendation: Approval Attachments: Resolution Executive Summary: This agenda item begins the bidding process for the construction of the Normandy Drive Storm Sewer Project. Background / Analysis: The Normandy Drive Storm Sewer Project will replace storm sewer that has reached the end of its useful life and will make modifications to reduce the amount of staff response time needed during flooding from the Iowa River. This project includes replacing 175 feet of 54" x 34" Corrugated Metal Arch Pipe with twin 36" diameter reinforced concrete pipes; removing and replacing an existing intake; and installing a gate valve structure. Street and sidewalk pavement will be replaced as necessary to complete the project. Project Timeline: Public Hearing — October 1, 2024 Award Date — November 4, 2024 Construction — Summer 2025 Prepared by: Ben Clark, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5436 Resolution No. 24-248 Resolution approving project manual and estimate of cost for the construction of the Normandy Drive Storm Sewer 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 Normandy Drive Storm Sewer Replacement account #M3629. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the amount of 10% (ten percent) of bid payable to 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 231 day of October, 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 4th day of November, 2024, or at a special meeting called for that purpose. Passed and approved this 1st day of October , 2024 Attest: k- 'L a c2L, City 6erk M Approved by City Attor ey's Office (Sue Dulek - 09/25/2024) 10 Resolution No. 24-248 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: 10.c. CITY OF IOWA CITY COUNCIL ACTION REPORT October 1, 2024 Resolution approving project manual and estimate of cost for the construction of the Riverside Drive Pedestrian Bridge at Iowa Avenue Rehabilitation 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: Alin Dumachi — Senior Engineer Reviewed By: Jason Havel — City Engineer Ron Knoche — Public Works Director Kirk Lehmann — Assistant City Manager Fiscal Impact: $1,300,000 available in the Riverside Dr. Pedestrian Bridge at Iowa Ave. Rehab Account #S3978 Staff Recommendation: Approval Attachments: Resolution Executive Summary: This agenda item begins the bidding process for the Riverside Drive Pedestrian Bridge at Iowa Avenue Rehabilitation Project. This project generally includes concrete rehabilitation to the existing bridge and spiral ramp, expansion joint rehabilitation, pavement modifications at the spiral ramp landing, and aesthetic improvements including new handrail, new electrical lighting, and bridge deck coating. Background / Analysis: The University of Iowa, the Iowa Department of Transportation, and the City of Iowa City entered into a Memorandum of Understanding on November 19, 2002 which details their respective responsibilities for maintenance of the three pedestrian bridges crossing over Riverside Drive/Highway 6, including the pedestrian bridge at Iowa Avenue. The MOU states that the University and City are each responsible for 25% of the cost of major repair projects, and the DOT is responsible for 50% of the cost of major repair projects. The Riverside Drive Pedestrian Bridge at Iowa Avenue Rehabilitation Project is considered to be a major repair project. The University, DOT, and City are willing to jointly participate in said project in accordance with the original MOU. The total estimated construction cost for the project is $1,300,000. Therefore, it is estimated that the City will be responsible for $325,000 of construction costs. Origin Design, Co. (formerly IIW, P.C.) of Dubuque, Iowa completed in-depth inspection services of the Riverside Drive pedestrian bridge at Iowa Avenue in 2019. Upon completion of the inspection, Origin provided a formal summary of the current bridge conditions as well as recommended repairs and estimated cost of repairs. Concrete spalling, delamination, and exposed reinforcing were observed during the inspection. The report, dated October 30, 2019, confirmed the need for comprehensive concrete and expansion joint rehabilitation to significantly increase the serviceable life of the structure and restore its aesthetics. Project Timeline: Public Hearing — October 1, 2024 Bid Letting — October 24, 2024 Award Date — November 4, 2024 Construction — May to August 2025 I a ei Prepared by: Alin Dumachi, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5143 Resolution No. 24-249 Resolution approving project manual and estimate of cost for the construction of the Riverside Drive Pedestrian Bridge at Iowa Avenue Rehabilitation 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 Riverside Drive Pedestrian Bridge at Iowa Avenue Rehabilitation Project account #S3978. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in- the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 24th day of October, 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 41" day of November, 2024, or at a special meeting called for that purpose. Passed and approved this 1st day of October Attest: City Jerk 20 24 ram_ May Approved by City Atto ey's Office (Sue Dulek - 09/26/2024) Resolution No. 24-249 Page 2 It was moved by Alter and seconded by adopted, and upon roll call there were: Salih the Resolution be Ayes: Nays: Absent: x Alter x Bergus x Dunn x Harmsen x Moe x Salih x Teague Item Number: 10.d. CITY OF IOWA CITY COUNCIL ACTION REPORT October 1, 2024 Resolution approving Iowa City's FY24 Pathways to Removing Obstacles to Housing (PRO Housing) grant application to help address barriers leading to the acute scarcity of affordable housing in Iowa City. Prepared By: Sam Turnbull, Grants Specialist Reviewed By: Erika Kubly, Neighborhood Services Coordinator Tracy Hightshoe, Neighborhood and Development Services Director Fiscal Impact: $1,000,000 in leveraged funds to be used in support of the project. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution FY24 PRO Housing Grant Application Executive Summary: The Department of Neighborhood and Development Services (NDS) intends on applying to the U.S. Department of Housing and Urban Development (HUD) for $2 million in FY24 Pathways to Removing Obstacles to Housing (PRO Housing) grant funds to address a critical issue within our community — the acute scarcity of affordable housing. These funds would empower the City to undertake activities which will remove barriers to affordable housing, increase housing production, and lower housing costs for families over the long-term. In order to apply for funds, City Council must approve the PRO Housing Grant Application. Staff is also requesting that City Council authorize the use of at least $1 million in funding to act as leverage to ensure a competitive application. The full grant application is included in the attachment. The draft PRO Housing grant application was made available for public comment on September 16, 2024. A public meeting will be held at the City Council meeting on October 1, 2024, after which the 15-day public comment period will close and Council will consider a resolution approving the PRO Housing grant application and allocation of leveraged funds. The application is due to HUD on October 15, 2024. Background / Analysis: The PRO (Pathways to Removing Obstacles) Housing grant was established by HUD in 2023 as a competitive fund to identify and remove barriers to affordable housing production and preservation. The grant supports communities who are actively taking steps to remove barriers to affordable housing, such as: • Barriers caused by outdated zoning, land use policies or regulations; • Inefficient procedures; • Gaps in available resources for development; • Deteriorating or inadequate infrastructure; • Lack of neighborhood amenities; and • Challenges to preserving existing housing stock. The City of Iowa City was awarded $3,752,000 in the inaugural PRO Housing funding round in June 2024. Funds will be used to support a comprehensive plan update, a parking study, a city -initiated rezoning to accommodate higher density development, housing counseling, the creation of a development division within the Iowa City Housing Authority, and an affordable housing development project. HUD received over $1.3 billion in requests for the first round of funding and had only $85 million to allocate nationwide. Iowa City's application ranked highly as a result of ongoing local efforts to support affordable housing in our community. The City intends to apply in the second PRO Housing round to continue our progress. Iowa City has a uniquely expensive housing market in Iowa. The City has a high demand for housing generated by students enrolled at the University of Iowa along with a strong economic base and high quality of life. However, the City also has a limited supply of housing that is not expanding fast enough to meet the demand generated by rapid growth. As a result, the City has consistently experienced problems with high housing costs relative to incomes. Due to the ongoing need and issues surrounding housing affordability, the City of Iowa City has long focused on facilitating the creation of affordable housing opportunities and on enhancing housing choice within neighborhoods with a special focus on equity and low- income households. While the City has made considerable progress towards its affordable housing goals since first adopting its Affordable Housing Action Plan in 2016, there are still several barriers that have been identified as further hindering the development of affordable housing. These include: 1. Zoning Regulations and Procedure 2. Local Development Capacity 3. Low Incomes Relative to High Housing and Construction Costs The overarching vision of the proposed activities is to help ensure Iowa City is a place that offers attractive and affordable housing for all people — housing that is the foundation of healthy, safe, and diverse neighborhoods throughout the City. Proposed activities are intended to build on the successes of previous efforts undertaken in support of affordable housing. The full budget for proposed activities would be $3 million, the City's commitment of $1 million would leverage $2 million in grant funds. The City will accomplish this vision by undertaking the following planning- and housing -related activities: • Comprehensive Update to Zoning and Subdivision Codes ($500,000) .The City has begun working on updates to the City's zoning code with the goal of increasing housing choice, supply and affordability. After an update to the comprehensive plan (our land use plan), which is planned as part of the City's Round 1 PRO Housing Funds, more substantive and meaningful changes will be able to be made to the City's land use regulations. This will include an analysis of the zoning and subdivision codes to identify outdated and problematic processes, as well as regulations that may inhibit housing development. • Building Capacity of Affordable Housing Nonprofits ($450,000) . The City has a lack of local development capacity, especially for affordable housing projects. The City intends to issue an RFP for Capacity Building Assistance for nonprofits that pursue housing. The awarded assistance could be utilized for a variety of reasonable and necessary operating expenses to allow nonprofits to expand the availability of affordable housing for LMI households. • Land Banking for Affordable Housing Development ($1,750,000) . The City's supply of affordable housing production lags behind the community need. One identified barrier to development of affordable housing is the cost of land. The City plans to utilize Pro Housing funds to acquire, manage, and repurpose vacant, abandoned, or underutilized properties within the City to facilitate the creation of new affordable housing units that benefit LMI households (permitted by 24 CFR 570.201(a)). • Project Administration ($300,000) . To ensure successful administration of the PRO Housing grant, the City proposes continuing employment of a full-time position to oversee grant funds. These funds would include general management of grant funds, activity oversight and coordination, providing public information about PRO housing activities, preparing budgets and schedules, preparing reports and other HUD -required documents such as the PRO Housing Action Plan, and monitoring proposed activities to ensure compliance with all requirements. PRO Housing grant funding would expand the City's ability and accelerate the implementation timeline for activities previously considered by Council and will provide an opportunity to fund newer priorities as well. All proposed activities will begin prior to September 30, 2027 and be completed prior to September 30, 2030. Several activities will begin as soon as funds are awarded, though others will depend on the completion of prerequisite work. Proposed activities will be administered by existing Neighborhood and Development Services staff. Overall, the City has designed its grant proposal activities to address both short and long- term aspects of the housing crisis. However, the cumulative effect of all proposed activities is to create change that will last long past the grant's period of performance, including the permanent elimination of several key barriers to housing affordability. If awarded funds, the City is committed to ensuring the success of all proposed activities and hopes it can create an effective model that other small and mid -sized, midwestern cities can replicate to address key barriers to affordable housing. The complete PRO Housing Grant Application is available in the attachments. The full draft PRO Housing grant application was made available for public comment on September 16, 2024. Any comments and staff answers are included in Attachment A of the grant application. The PRO Housing grant application is due to HUD by October 15, 2024. Prepared by: Sam Turnbull, Grants Specialist, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 Resolution No. 24-250 Resolution approving Iowa City's FY24 Pathways to Removing Obstacles to Housing (PRO Housing) grant application to help address barriers leading to the acute scarcity of affordable housing in Iowa City Whereas, the U.S. Department of Housing and Urban Development invites applications for the FY24 Pathways to Removing Obstacles to Housing (PRO Housing) grant which empowers communities that are actively taking steps to remove barriers to affordable housing and seeking to increase housing production and lower housing costs for families over the long term; and Whereas, the City of Iowa City, Iowa (City) intends to apply for $2 million in PRO Housing grant funds to help address the acute scarcity of affordable housing within the community; and Whereas, the City must prepare and submit a PRO Housing grant application to apply for funds, attached hereto as Appendix A; and Whereas, PRO Housing grant funds would allow the City to undertake activities detailed in Appendix A in support of its efforts to enhance housing affordability throughout the city; and Whereas, the City's PRO Housing grant application includes leveraged commitments of $1 million in funding as an indicator of support and commitment in the community; and Whereas, the City has disseminated information, solicited public input, and held a public meeting on the PRO Housing grant application; and Whereas, the PRO Housing grant application will allow Iowa City'to apply for federal funds administered by the U.S. Department of Housing and Urban Development; and Whereas, the City Council finds that the public interest will be served by the submission of the PRO Housing grant application to the U.S. Department of Housing and Urban Development. Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The City of Iowa City City Council approves submission of the PRO Housing grant application, attached hereto as Appendix A. 2. The City Manager is hereby designated as the Chief Executive Officer and authorized to act on behalf of the City of Iowa City in connection with the PRO Housing grant, including utilizing up to $1 million in City funds as leverage. 3. The City Manager of Iowa City or designee is hereby authorized and directed to submit the City of Iowa City PRO Housing grant application to the U.S. Department of Housing and Urban Development and is further authorized and directed to provide all the necessary certifications or documents required by the U.S. Department of Housing and Urban Development. Resolution No. 24-250 Page 2 4. The City Manager is hereby authorized to execute, terminate, or amend agreements relating to PRO Housing funds executed in connection with the allocation of public funds with sub -recipients or other legal entities. Passed and approved this 1 st day of October 2024. Attest: ity Clerk 109vor City Attorn 's Office (Sue Dulek — 09/25/2024) It was moved by Moe and seconded by Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X X X X X X X salih the Alter Bergus Dunn Harmsen Moe Salih Teague INSERT Appendix A Table of Contents City of Iowa City, Iowa 1. Table of Contents: p. 1 (includes tab page, 0 pages of narrative, and table of contents) 2. Narrative Exhibits: Exhibit A: Executive Summary: p. 3 (includes tab page & 3 pages of narrative) Exhibit B: Threshold Requirements and Other Submission Requirements: p. 7 (includes tab page, I page of narrative, & eligible applicants documentation) Exhibit C: Need: p. 10 (includes tab page & 9 pages of narrative) Exhibit D: Soundness of Approach: p. 20 (includes tab page & 12 pages of narrative) Exhibit E: Capacity: p. 33 (includes tab page & 3 pages of narrative) Exhibit F: Leverage: p. 37 (includes tab page, I page of narrative, & leverage documentation) Exhibit G: Long-term Effect: p. 40 (includes tab page & 3 pages of narrative) 3. Attachments: Attachment A: Summary of Comments Received on Published Application and List of Commenters by Name/Organization: p. 44 (includes tab page, 0 pages of narrative & summary of comments received on published application and list of commenters by name%rganization) Attachment C: Advancing Racial Equity: p. 45 (includes tab page & I page of narrative) Attachment D: Affirmative Marketing and Outreach: p. 47 (includes tab page & 4 pages of narrative) Attachment E: Experience Promoting Racial Equity: p. 52 (includes tab page & 2 pages of narrative) 2 Exhibit A: Executive Summary City of Iowa City, Iowa 3 The City of Iowa City is seeking $2 million in Pathways to Removing Obstacles to Housing (PRO Housing) grant funds to address a critical issue within the community — the acute scarcity of affordable housing. These funds would empower the City to undertake activities which will remove barriers to housing affordability, increase housing production, and lower housing costs for families over the long-term. The Problem Iowa City, home to the University of Iowa, has a uniquely expensive housing market in the State of Iowa. The City of 75,000 (in Johnson County, population 156,000) has a high demand for housing generated by a student body exceeding 30,000 along with a strong economic base and high quality of life. However, the City also has a limited supply of housing that is not expanding fast enough to meet the demand generated by rapid growth. As a result, the City has consistently experienced problems with high housing costs relative to incomes. Consider the following: Restricted Housing Supply. Iowa City is expected to grow by just over 10,000 residents between 2020 and 2030. This growth will require approximately 4,600 new housing units to meet demand. However, the City is only on track to meet 77% of that demand for housing based on recent building permit trends. This restriction in the housing supply leads to increased competition, rising rental prices (especially in neighborhoods near the university), and higher sales prices. This is also reflected in vacancy rates that are lower than typical in a healthy market. Housing Cost Burden. Iowa City has relatively low incomes compared to its housing costs. Housing cost -burden is defined as a household spending more than 30% of its income on housing. In 2022, 22% of homeowners with a mortgage and 6 1 % of renters were considered housing cost burdened. Unfortunately, this is not just due to the high number of students. Of households over the age of 25, 20% make less than $30,000 annually and another 15% make less than $50,000. These incomes make it difficult to find housing one can afford in one of the most expensive markets in Iowa. Faced with high and rising housing costs, households with lower incomes are forced to make choices, including staying in current housing and cutting back on other critical necessities, consolidating housing with other households (which can lead to overcrowding), moving more frequently or to lower quality housing, moving to less desired neighborhoods that are further away in exchange for longer commutes, or losing housing altogether. The Commitment Due to the ongoing need and issues surrounding housing affordability, the City of Iowa City has long focused on facilitating the creation of affordable housing opportunities and on enhancing housing choice within neighborhoods with a special focus on equity and low-income households. The City increased efforts to systematically address its affordable housing needs beginning in 2016 when City Council adopted its first Affordable Housing Action Plan. The plan identified 15 E steps based on public input about how the City could address housing affordability and on goals in its long-term plans. The City has since completed all action steps and continued engaging stakeholders to identify additional barriers to housing affordability. The City updated its Affordable Housing Action Plan in 2022 to build off previous efforts in support of affordable housing. Recommendations were developed following nearly a year of data review and community engagement. Concurrent with this effort, City Council drew upon previous planning work, studies, and community conversations to refine strategies, determine action steps, and establish priorities for their FY23-FY28 Strategic Plan which included advancing prioritized recommendations in the 2022 Affordable Housing Action Plan. This planning activity spurred City Council to begin considering amendments to the City's Zoning Code focused on improving housing choice, increasing housing supply, and encouraging affordability. These amendments address several previously identified regulatory obstacles to housing affordability, including most policies that can be accomplished under the current Comprehensive Plan. However, there are still several barriers that have been identified by staff and the public as further hindering the development of housing. These include: 1. Zoning Regulations and Procedures 2. Local Development Capacity 3. Low Incomes Relative to High Housing and Construction Costs The City of Iowa City is committed to addressing these persistent barriers that lead to the community's acute scarcity of affordable housing. The Proposal The overarching vision of proposed activities is to help ensure Iowa City is a place that offers attractive and affordable housing for all people — housing that is the foundation of healthy, safe, and diverse neighborhoods throughout the City. Proposed activities are intended to build on the successes of previous efforts undertaken in support of housing affordability. The City will accomplish this vision by undertaking the following proposed activities: • Comprehensive Update to Zoning and Subdivision Codes. The City has begun working on updates to the City's zoning code with the goal of increasing housing choice, supply and affordability. After an update to the comprehensive plan, which is planned as part of the City's Round 1 PRO Housing Funds, more substantive and meaningful changes will be able to be made to the City's land use regulations. This will include an analysis of the zoning and subdivision codes to identify outdated and problematic processes, as well as regulations that may inhibit housing development. • Building Capacity of Affordable Housing Nonprofits. The City has a lack of local development capacity, especially for affordable housing projects. The City intends to issue an RFP for Capacity Building Assistance for nonprofits. The awarded assistance could be utilized for a variety of reasonable and necessary operating expenses to allow nonprofits to expand the availability of affordable housing for LMI households. • Land Banking for Affordable Housing Development. The City's supply of affordable housing production lags behind the community need. One identified barrier to 5 development of affordable housing is the cost of land. The City plans to utilize Pro Housing funds to acquire, manage, and repurpose vacant, abandoned, or underutilized properties within the City to facilitate the creation of new affordable housing units that benefit LMI households (permitted by 24 CFR 570.201(a)). PRO Housing grant funding would expand the City's ability to address the housing crisis and accelerate the implementation addressing barriers which have been discussed over the years. Requested funding and expenses for proposed activities are estimated to be as follows. Proposed Revenue PRO Housing Funds $2,000,000 City Affordable Housing Funds $1,000,000 Total Sources $3,000,000 Proposed Expenditures 1. Planning -Related Activities a. Comprehensive Update to Zoning and Subdivision Code $500,000 Subtotal $500,000 2. Housing -Related Activities b. Building Capacity of Affordable Housing Nonprofits $450,000 c. Land Banking for Affordable Housing Development $1,750,000 Subtotal $2,200,000 3. Administration -Related Activities Project Administration $300,000 Subtotal $300,000 Total Expenses $3,000,000 All proposed activities will begin prior to September 30, 2027 and be completed prior to September 30, 2030. Several activities will begin as soon as funds are awarded, though others will depend on the completion of prerequisite work. Proposed activities will be administered by existing Neighborhood and Development Services staff. The Result Overall, the City has designed its proposed activities to address both short and long-term aspects of the City's housing crisis. However, the cumulative effect of all proposed activities will create meaningful change that will last long past the grant's period of performance, including the permanent elimination of several key barriers to housing affordability. If awarded funds, the City of Iowa City is committed to ensuring the success of all proposed activities. In the end, the City hopes it can create an effective model that other small and mid -sized, midwestern cities can replicate to address common barriers to housing affordability. M Exhibit B: Threshold Requirements and Other Submission Requirements City of Iowa City, Iowa The City of Iowa City, Iowa (herein "City") is applying as a City government, which is an eligible applicant per the Notice of Funding Opportunity (NOFO) posted by the U.S. Department of Housing and Urban Development (HUD). The City of Iowa City was incorporated in 1853 as documented on page 9 of this application. Iowa law (section 372.1 of the Code of Iowa) allows cities to choose from among 8 possible forms of municipal government, one of which is a Home Rule Charter. The Charter itself is an ordinance that sets forth how the city government is structured. On Nov. 15, 1973, Iowa City voters chose to be governed by a Home Rule Charter, and the first Charter was adopted by Ordinance No. 76-2792 on Jan. 2, 1976. Iowa City is one of only 5 municipalities in Iowa with a Home Rule Charter. The Charter is the first section of the City Code, which can be found on the City's website at www.ic og vorg under "City Government". The City is governed by a seven -member Council; each member serves a four-year term. Elections are held every two years allowing for continuation in office of at least three members at each biennial election. The Council members are elected at large, with three members nominated from specific districts and the remaining four members nominated at large. The Council elects the Mayor from its own members for a two-year term. The City Council is the legislative body and makes all policy determinations for the City through the enactment of ordinances and resolutions. It also adopts a budget to determine how the City will obtain and spend its funds. The Council appoints members of boards, commissions and committees. The City Manager is the chief administrative officer for the City and is appointed by the City Council. The City Manager implements policy decisions of the City Council and enforces City ordinances. In addition, the City Manager appoints and directly supervises the directors of the City's operating departments and supervises the administration of the City's personnel system. The City Clerk and City Attorney are also appointed by the City Council. The City provides a full range of services including police and fire protection, construction and maintenance of roads, streets and infrastructure, inspection and licensing functions, a municipal airport, library, recreational activities, and cultural events. The City owns and operates its water supply and distribution system and sewage collection and treatment system with secondary treatment also provided. Virtually the entire City has separate storm and sanitary sewer systems. The City operates a municipal off-street and on -street parking system in the downtown area. The City also operates a transit system. The City also meets all other submission requirements as documented in submitted materials, has no outstanding civil rights matters that must be resolved, and submitted only one complete application before the deadline indicated in the updated NOFO. Exhibit C: Need City of Iowa City, Iowa 10 Iowa City, home to the University of Iowa, has a uniquely expensive housing market in the State of Iowa. The City of approximately 75,000 (in Johnson County, population of approximately 156,000) has a high demand for housing generated by a student body exceeding 30,000 along with the colocation of highly desirable jobs at the University of Iowa Hospitals and Clinics. However, the City also has a limited supply of housing that is not expanding fast enough to meet the demand generated by the region's growth. This problem is exacerbated by high competition for units, especially in amenity -rich areas near the University, between lower -income students and workers and a relatively well-educated, higher -income population who values proximity to amenities. This consistently leads to housing costs that are high relative to incomes. As a result of these factors, the City Council of the City of Iowa City has long focused on facilitating the creation of affordable housing opportunities and on enhancing housing choice in neighborhoods with a special focus on equity and low- and moderate -income (LMI) households. However, key barriers still exist that must be addressed to meet the acute demand for housing. Note that in this application, affordable housing and/or units specifically refers to dwelling units provided to LMI households at or below fair market rents or HUD purchase price limits. Past Efforts to Identify and Address Barriers to Affordable Housing The City of Iowa City increased efforts to systematically address its housing affordability needs beginning in 2016 when Council adopted its first Affordable Housing Action Plan. The 2016 plan identified 15 steps about how the City could meet its housing affordability goals in its long- term plans. The City has since completed all action steps and continued engaging stakeholders to identify additional barriers to housing affordability. Highlights include: Affordable Housing Requirement. The City amended its Zoning Code in 2016 to require that new developments in the Riverfront Crossings District near downtown provide at least 10% of dwelling units as affordable rental housing or income -restricted owner -occupied housing for 10 years (or pay a fee in lieu to finance affordable housing projects). The affordable housing requirement is triggered when a developer voluntarily requests an upzoning to a Riverfront Crossings zone. As of 2024, the City has agreements for 79 affordable units in the Riverfront Crossings District, along with fees totaling $5.8 million which will help fund additional affordable housing units in the district. Affordable Housing Fund. Beginning in fiscal year 2017, the City started funding affordable housing as a separate budget item. The City has used this to finance the Housing Trust Fund of Johnson County, to match Low Income Housing Tax Credit (LIHTC) projects, to create an affordable housing opportunity fund (which can be used to acquire land for affordable housing projects), to finance the Healthy Homes Program, to initiate Security Deposit and Landlord Risk Mitigation programs to help LMI households secure housing, and to address emergent situations such as relocation assistance. The City has provided $8.65 million in funds over the past 9 years. In FY23, alone, the City's allocation of $1,000,000 created 52 affordable units and assisted 200 households. Tenant Rent Abatement and Displacement Policies. In 2017, City Council amended City Code to require that site plans which displace 12 or more households must include an occupant transition plan to provide better information to residents and the public. In addition, rent abatement can be ordered for units found to be unfit for human habitation. 11 Affordable Housing Annexation Policy. In 2018, the City amended the Comprehensive Plan to establish a policy whereby the City would only consider annexations where at least 10% of new housing is provided as affordable housing for 20 years. Since then, the City has annexed property that will result in the creation of 17 affordable units. Residential Tax Increment Financing (TIF). The City adopted a policy supporting TIF funds to assist with the cost of residential development where a percentage of funds are set aside for affordable housing. A TIF agreement for Foster Road in 2018 is expected to generate up to $1.5 million for affordable housing over 10 years, and a TIF agreement for the Tailwinds project in 2021 generated another $1.8 million. To date, TIF requirements have created 26 affordable units in addition to 11 affordable units purchased by the City. Affordable Housing Tax Abatement. In 2019, the City established a tax abatement program to incentivize new affordable multi -family housing. The program allows a 40% property tax exemption for 10 years on all units in residential developments with more than 6 units where 15-20% are leased to households under 40% of the area median income at affordable rents for that income level. This policy has not yet been used. Form -Based Code. In 2021, the City adopted a form -based zoning code for undeveloped land in areas where the City expects growth. The code provides a density bonus and waiver from minimum parking standards for affordable housing and requires a mix of housing types in all neighborhoods. Two Comprehensive Planning District Plans have been amended to allow the use of the code, but no project has yet used the code. In 2019, the City adopted a Fair Housing Choice Study which reviewed impediments to accessing housing due to protected characteristics in the federal Fair Housing Act such as race, gender, or disability. The Study also recommended actions to affirmatively further fair housing based on extensive public input including targeted feedback from stakeholder interviews and focus groups, a fair housing survey, public events, and a public adoption process. Participants identified a lack of affordable rental housing as one of the most significant fair housing issues. The study also found that one of the primary barriers was the limited number of housing choices throughout neighborhoods for residents with protected characteristics who tend to have disproportionately lower incomes. This includes a limited availability and diversity in price points, housing types, and locations that would facilitate equal access. Since adoption, the City implemented the plan by addressing the following identified barriers: Equal Housing Accessibility. It is important to ensure housing can be made accessible for persons with disabilities to provide an equal opportunity to use and enjoy a dwelling. While cities must provide reasonable accommodations by federal law, the zoning code did not have a comprehensive or systematic way to address such requests. In November 2023, the City updated its zoning code to streamline and clarify how to request reasonable accommodations with a consistent and defined approval procedure. Fair Treatment of Uses. The City's zoning code defined certain housing types by protected characteristics and treats as fundamentally different than other residential uses. For example, a Community Service -Long Term Housing use, i.e. permanent housing owned by a public or nonprofit agency that provides supportive services to persons with disabilities, was classified as an institutional use which meant they were primarily allowed in certain commercial zones and must often receive special exceptions or meet 12 other challenging approval criteria. In November 2023, Council amended the code to treat such uses more similarly to other residential uses which allows them in a wider range of zones with fewer discretionary approval processes. The City updated its Affordable Housing Action Plan in 2022 to build off previous efforts in support of affordable housing. Recommendations were developed following nearly a year of data review and community engagement. Concurrent with this effort, City Council drew upon previous planning work, studies, and community conversations to refine strategies, determine action steps, and establish priorities for their FY23-FY28 Strategic Plan which included advancing the prioritized recommendations in the 2022 Affordable Housing Action Plan. The City began implementing these new actions shortly after adoption, including: Eliminating the Affordable Housing Location Model (AHLM). The AHLM was an effort to avoid the overconcentration of City -subsidized housing, especially near schools with high rates of students receiving free and reduced lunch. However, it had the effect of chilling affordable housing production funded by the City. Consequently, the model was discontinued, and the City's funding criteria was revised to instead focus on incentivizing affordable housing in high opportunity neighborhoods. To date, three rental acquisition projects are moving forward that would have previously been ineligible for City funding. Funding Transparency. The Iowa City Housing and Community Development Commission (HCDC) uses scoring criteria to rank projects applying for City funding. However, many nonprofits have noted that past HCDC funding recommendations have deviated from the scoring criteria. As a result, HCDC has recently revisited their process to provide greater transparency in how funding decisions are made. Technical Assistance. Following adoption of the 2022 Action Plan, staff held a general technical assistance meeting for area housing providers to share what City resources are available to support affordable housing efforts as well as introduce staff who administer housing -related programs. Staff also developed a funding guide for developers and added it to the City website. This training will be provided for free every year in addition to the City's regular grant -specific technical assistance sessions. Housing Affordability Zoning Code Amendments. In November 2023, Council passed numerous regulatory changes to the zoning code to help increase the supply of housing, enhance the diversity of housing types, and encourage housing affordability. Changes included allowing duplex and attached single-family uses through -out all lower density single-family residential zones, modifying design standards to reduce the cost of construction, reducing minimum lots sizes, increasing the allowable number of bedrooms per dwelling in certain areas, and providing regulatory bonuses for affordable housing units, such as increased density and no parking minimums. These changes were chosen as policies that could be modified under the City's current planning framework. Long -Range Planning. The City also identified a need to update its Comprehensive Plan to achieve Council's goals of greater density and a variety of housing types throughout the community. To that end, staff is beginning the update process as part of its FY23 PRO Housing award. The goals of this multi -year endeavor include addressing current regulatory barriers to housing affordability, further enhancing equity, and providing a vision and goals that reflect the current views in the community. 13 In addition, the City has actively sought to increase the number of affordable housing units through other means, including the use of ARPA funds to support housing activities. Iowa City Housing Authority (ICHA). ICHA is a division of Iowa City, but it serves all of Johnson and Iowa Counties, and part of Washington County north of Highway 92. ICHA administers 1,595 vouchers, 202 of which have been secured since 2019. Many are specialty vouchers serving low-income households with significant barriers to sustaining housing, including those experiencing homelessness and/or domestic violence. Most active vouchers (72% as of February 2024) are utilized in Iowa City. ICHA also manages and maintains 86 public housing units and 24 additional publicly owned housing units in Iowa City. The City recently entered a purchase agreement using ARPA funds to expand ICHA's publicly owned affordable housing by 3 dwellings in an area with limited affordable housing opportunities. The City is actively searching for additional land or units for future publicly owned affordable housing, to be funded with another $700,000 in ARPA funds, in addition to exploring how to actively develop its own affordable housing and conducting a pilot affordable housing development project using PRO Housing funds awarded in 2024. Furthermore, The public housing program has been operating in a deficit for the past four years which has led ICHA to pursue repositioning. ICHA intends to utilize the Section 22 Streamlined Voluntary Conversion process which will shift units from a public housing platform to voucher -based assistance. After repositioning, the City will retain ownership of the current public housing units and manage them as affordable units. It is anticipated that the increased rental revenue after repositioning will allow for long-term operational sustainability. The additional housing vouchers made available through this process will serve immediate need in the community. By leveraging capital and investment of its property portfolio, ICHA will be able to expand affordable housing opportunities and continue its mission of serving low- income populations in need of housing long-term. Community Development Block Grant (CDBG) and HOME. The City uses local funds and federal pass -through funds such as from the CDBG and HOME programs to provide support for LMI households. These programs help increase the number of affordable rentals, rehabilitate owner -occupied housing, support home -buyer activities, and provide tenant -based rental assistance as noted in the City's Consolidated Plan. American Rescue Plan Act (ARPA). The City uses ARPA funds to support housing activities as well. In addition to funding direct purchase of publicly owned affordable housing, the City allocated $1.1 million to Shelter House, a local nonprofit providing emergency shelter and permanent supportive housing services. The funds are part of a 3- year pilot project to help pay for a full-time Coordinated Entry specialist, two Housing Stability specialists who help households research and secure housing, and two Eviction Prevention specialists who collaborate with Iowa Legal Aid to keep people housed. Funds also supplement the RentWise program to educate renters on all aspects of a successful rental experience and expand the Landlord Risk Mitigation program which incentivizes landlords to accept households experiencing barriers to housing. Finally, HUD awarded the City $3.75 million in the first round of the PRO Housing program. The City plans to use these funds to expand the City's ability to address the housing crisis by: 14 Addressing barriers to housing affordability through planning and zoning activities, including parking reform, a comprehensive plan update and regional housing study, and a City -led rezoning to higher densities; and Pursuing housing activities such as exploring the creation of a development division with the ICHA, implementing a Housing Counseling program, and funding a pilot affordable housing development through the ICHA to build future funding and staff capacity. Together, these actions demonstrate the City's commitment to increasing housing production that is affordable and accessible to LMI populations while prioritizing high opportunity areas, preserving existing affordable housing, and investing in underserved areas. However, there is further to go to address the acute need and remove remaining barriers to housing affordability. Iowa City's Acute Demand for Affordable Housing Like many growing metropolitan areas across the country, the lack of housing affordability in the region continues to present a significant problem despite recent actions by the City. These issues have the most profound impact on LMI households, though they affect everyone. The acute demand for affordable housing is apparent in nearly every metric, but especially in those relating to cost and income in Iowa City. As a result, the City proposes using grant funds to primarily address needs in Iowa City limits, though some activities may serve the broader area of Johnson County. HUD identifies both the City and County as Priority Geographies. Restricted Housing Supply One of the primary factors affecting housing affordability in Iowa City is the restricted housing supply. The City has experienced continued growth due to a high quality of life and the strong economic base provided by the University of Iowa and University of Iowa Hospitals and Clinics. Iowa City's population of 75,233 in 2022 is projected to grow by 10,240 residents to just over 85,000 in 2030. At the same time, the population of the urbanized area is expected to increase by nearly 20,000 residents. To meet this projected demand, the region will need to add several thousand new housing units, of which approximately 4,600 are needed in Iowa City. However, continued growth strains housing affordability because the demand for housing is not being met by an adequate increase in the supply of housing. This has become especially problematic in recent years. From 2020 through 2023, the City issued building permits for a net number of 1,260 new dwelling units which only satisfies approximately 68% of the estimated demand for housing over that timeframe. While the number of units permitted increased again in 2023, the City is still averaging fewer units than before the pandemic. This gap between supply and demand leads to increased competition between households, rising rental prices (especially in high -demand areas near the university), and higher sales prices. This has an especially profound impact on households with lower incomes who are often priced out of the city. Incomes, Housing Costs, and Housing Cost Burden Iowa City also has relatively low incomes compared to its housing costs. Iowa City's median household income was $54,879 in 2022, but 37% of households make less than $35,000. There is 15 often the misconception that Iowa City has lower incomes solely due to university students who may have parental support, financial aid, or share living expenses with other students. However, there are many non -student households with lower incomes that also struggle to afford housing. Approximately 7,800 households in Iowa City are under the age of 25, which includes most undergraduate student households. For households over the age of 25, 20% still make less than $30,000 and another 15% make less than $50,000. Excluding those enrolled in undergraduate or graduate programs, more than 5,100 persons or I I% of the population still experiences poverty. These are all residents who are especially impacted by the City's current housing market. Despite lower incomes, Iowa City's housing remains stubbornly expensive. In 2022, the median home value was $256,600 dollars, which is 4.7 times its median income, and the homeowner vacancy rate was a very low 1.0% (2022 5-Year American Community Survey). As a result, 22% of homeowners with a mortgage spend more than 30% of their income on housing. This makes it difficult for first-time homebuyers and those with limited incomes to establish themselves in this challenging market. At the same time, rents in Iowa City are high and are constantly increasing, especially near the university. In 2022, Iowa City's median gross rent was $1,077 dollars, up 17% from 5 years earlier (2017 and 2022 5-Year ACS). The 2024 Fair Market Rent is even higher at $1,082 for a two -bedroom unit and $1,525 for a three -bedroom unit which requires incomes exceeding $43,000 and $61,000 respectively to be considered affordable. Furthermore, the 2022 City-wide rental vacancy rate was 5.5% but tracts near campus have rental vacancy rates as low as 1.5%. Due to these factors, approximately 61% of renters in Iowa City spend more than 30% of their income on housing costs (2022 5-year ACS). These high rates of cost -burdened and extremely cost -burdened households have a profound and negative impact on those living in the city. Faced with high and rising housing costs, households with lower incomes are forced to make choices, including staying in current housing and cutting back on other critical necessities, consolidating housing with other households (which can lead to overcrowding), moving more frequently or to lower quality housing, moving to less desired neighborhoods that are further away in exchange for longer commutes, or losing housing altogether. Geographic Scope HUD identifies Iowa City as a priority geography with a Housing Problems Factor of 0.38 in its PRO Housing List of Priority Geographies, considerably higher than the State Threshold of 0.31. This means that approximately 38% households who make up to 100% of the area median income experience a cost burden of at least 50%, overcrowding, or substandard housing, the 13th highest rate in Iowa out of 1,107 designated places. Of these housing problems, housing cost burden tends to be the most severe issue. The City's proposed activities will remove barriers to housing production and directly assist LMI households in Iowa City limits who experience the most acute demand for affordable housing. However, Iowa City is part of a larger housing market. While funds will primarily serve Iowa City limits, certain activities including those that may be administered by the Iowa City Housing Authority or local nonprofits focus on the broader region which shares many of the same housing Lee affordability problems. HUD also identifies Johnson County as a priority geography with a Housing Problem Factor of 0.31 compared to the State Threshold of 0.23. This is the highest Housing Problem Factor of all counties in Iowa and is 247 out of 3,220 counties in the nation. For this reason, all changes to housing policy that result from grant -funded activities will consider the overall housing needs of the region to avoid unintended consequences such as developers and homebuilders adjusting where they develop, the type of housing they produce, or the price or rent of finished homes due to the regulatory environment of different jurisdictions. Key Barriers to Producing and Preserving Affordable, Accessible Housing Because of the City's recent efforts, including the adopted Housing Affordability Zoning Code Amendments and the activities being undertaken as part of the City's PRO Housing Round 1 application, several previously identified barriers to housing affordability are already being addressed. These include most regulatory obstacles that can be modified under the current Comprehensive Plan such as encouraging more housing types in lower density zones, enabling small lot development, and providing regulatory incentives for affordable housing, in addition to updating the City's Comprehensive Plan to facilitate further change. However, a number of barriers to housing affordability still contribute to the City's acute demand for affordable housing and the inadequate supply of housing. Key Barrier Id: Land Use and Zoning Policy and Regulation One factor that influences housing choice and supply, and therefore the cost of housing, is zoning. Zoning is a tool that helps implement the City's Comprehensive and District Plans by providing rules for how land can be developed and used, including what structures can be built where and how they may be designed. The City's Zoning Code, initially adopted in 2005, still contains a few outstanding regulatory barriers that continue to restrict housing opportunity and limit housing supply. These have not been addressed yet due to the additional study required to fully understand the scope, public support, and magnitude of changes. As a result, they have been on the City's work list for years but not executed due to associated costs. The City is using its Round 1 PRO Housing funds awarded in 2024 to help address several barriers caused by the City's current zoning regulations and procedures by: Reviewing and modifying the minimum parking standards to help directly lower construction costs for new housing and promote more sustainable urban development by resulting in development patterns that are less car dependent; Substantially updating the Land Use and Housing elements of the City's Comprehensive Plan, including an overhaul of the future land use map, to ensures its development strategies are closely tied to the community's current priorities and development is well situated to address existing disparities and prepare for an uncertain future; and Initiating a City -led rezoning to facilitate the production of higher density uses and increase the supply of housing types that are more affordable, to be identified as part of the Comprehensive Plan update process. 17 However, these efforts are intended to mitigate the most problematic issues in the current code while laying the groundwork for future efforts. The ultimate way to address this barrier is to comprehensively reform the City's Zoning and Subdivision Code after a new Comprehensive Plan is in place. This would allow the City to better align its code with the community's increasing focus on climate action and resiliency, equity, and housing while creating a more flexible Code that can better adapt to constantly evolving community needs. Key Barrier #2: Local Development Capacity Another pressing barrier is the lack of local development capacity. While subdivision activity in 2023 was higher than in the recent past, it is mostly attributable to a single large multi -family building that is being built by an out-of-town developer. Since the pandemic, single-family lot creation has been low compared to historic trends (especially when excluding manufactured housing units). At the same time, building permit activity is tepid — the City permitted an average of 315 new dwelling units annually from 2020-2023, compared to an annual average of 588 units from 2014-2019. If permitting recent trends continue, the City will only meet 77% of its demand for new housing by 2030 with a deficit of more than 1,000 dwellings. Because of these factors, the supply of development -ready lots is only expected to last as follows: • 2.3 years for single-family detached units • 4.7 year for single-family attached units • 1.6 years for duplex units • 1.6 years for multi -family units (though redevelopment can extend this timeframe) Similarly, annexations have decreased over the past decades, even as infrastructure capacity remains adequate for growth and the City has identified areas intended for growth. Overall, this suggests a deficit in the capacity and/or desire of local developers to build housing in Iowa City. At the same time, there are a limited number of local affordable housing developers. The Housing Fellowship, a Community Housing Development Organization, is one of a few local nonprofits which constructs new affordable rental housing in Johnson County. Another local nonprofit, Shelter House, is primarily known for its emergency shelter and related services provided to the community's unhoused population, though it has recently developed two permanent supportive housing projects totaling 60 dwelling units. Meanwhile, the Iowa Valley Habitat for Humanity focuses on providing affordable homeownership opportunities in the area. In Fiscal Year 24 four homes were built by Habitat. While there are other affordable housing providers as well, they typically focus on more specialized populations such as persons with disabilities, and most do not typically develop housing. All these agencies do amazing and important work, but the local capacity to develop new affordable housing projects tends to be very limited. As a result, affordable housing projects, especially those utilizing LIHTC, are often undertaken by private, out-of-town developers that are not focused on providing a more permanent benefit to the city. Again, the City is using its Round I PRO Housing funds to help build local, internal capacity that will help directly facilitate the development of local, permanent affordable housing by: W. Determining the best course of action to develop a self-sufficient housing development division in the ICHA (or through an alternative legal arrangement) that would directly carry out affordable housing activities throughout the region; Building experience to directly develop permanent affordable housing through a pilot affordable housing development which would begin producing income to ensure long- term success while providing permanent affordable housing units. While improving the internal capacity within the City is an important step, these factors still point to a need for additional development capacity at the local level, especially when it comes to the creation of affordable housing units. Enhancing the ability of local nonprofit partners to develop their own affordable housing throughout the region remains a significant barrier. Key Barrier #3: Low Incomes Relative to High Housing Costs The barriers noted thus far are primarily related to factors that have led to an undersupply of housing. However, there is still also the overarching issue of a relatively high number of households that have lower incomes. This problem is especially pressing given the challenges related to construction costs, high interest rates, a severe labor shortage, and supply chain issues that all increase the price of new housing. These, in addition to supply-side constraints, exacerbate the housing crisis for LMI households. Residents of the area have tried to address affordability by raising the minimum wage at the County level, but unfortunately the state pre-empted this possibility. As such, the City is looking to address this barrier by exploring other long-term solutions. For the City, it is evident that the primary way of doing this is increasing the supply of housing to meet the demand, especially the supply of permanent affordable housing. This would ensure a more balanced market is reached and competition for housing is reduced to the extent that prices become more stable and affordable. A shorter -term way of addressing this barrier is by directly reducing the cost of providing housing for public and nonprofit housing providers. This could be accomplished through financial incentives or by reducing other costs associated with producing new housing, including reducing the high cost of land in Iowa City or providing low or no interest loans to minimize borrowing costs. By providing direct supports to public or nonprofit providers, the cost of building new housing is reduced, which enhances the supply while minimizing the rents required to sustainably operate that housing. Focusing on entities without a profit motive ensures the benefit of lower rent requirements can then be passed on to lower income households so that they can obtain and maintain stable housing within their budget. This is especially important for stabilizing housing for those experiencing or at -risk of homelessness, which the City has identified as a high priority in its Consolidated Plan. Although the City cannot control many of the factors that lead to housing which is unaffordable, the City strives to address the problem from all possible angles. This grant would help jump-start the City's next phase of plans to address the remaining barriers to the production and preservation of affordable, accessible housing, as discussed in Exhibit D. 19 Exhibit D: Soundness of Approach City of Iowa City, Iowa 20 The City of Iowa City's PRO Housing grant application seeks to address a critical issue within the community — the acute scarcity of affordable housing. Over the past several years, the City has identified and begun to address many persistent barriers that hinder the supply of housing and exacerbate housing insecurity for residents. However, several barriers still exist. The City's proposed activities incorporate numerous avenues to address these barriers by seeking to overcome long-term trends while also providing some limited shorter -term relief. Project Vision The overarching vision of the project is to help ensure Iowa City is a place that offers attractive and affordable housing for all people — housing that is the foundation of healthy, safe, and diverse neighborhoods. The goal is a place where housing that is affordable is not a scarce resource but a fundamental right. To accomplish this vision, the City proposes three sets of activities to mitigate the remaining barriers to housing affordability: 1. Planning -Related Activities 2. Housing -Related Activities 3. Administration -Related Activities Proposed activities build on the success of previous efforts in support of housing affordability and the activities to be funded with awarded FY23 PRO Housing funds. Proposed activities complement the recently approved Zoning Code Amendments to improve housing choice, increase housing supply, and encourage affordability which will address several barriers to housing affordability identified in the 2019 Fair Housing Choice Study and 2022 Affordable Housing Action Plan. However, adoption of these amendments was delayed due to residents who felt left out of the process. To avoid this issue in the future, proposed activities, especially those related to planning, will utilize much more extensive public outreach processes, made possible by the PRO Housing grant. Through public education, dialogue, and consensus -building during the comprehensive planning update process, staff intends to build support for equitable housing efforts early. It will also ensure that outcomes are community -driven and reflect the genuine needs and aspirations of the City's residents. Long-term success is also essential. As such, housing -related activities are designed to have a balanced and sustainable approach that ensures the perpetual availability and expansion of affordable housing. This prevents past issues where new housing funds are consistently required to subsidize existing affordable units rather than expand the number of new affordable units. In essence, the proposed scope benefits from recent experience in removing barriers to housing affordability while striving for a more comprehensive, community -centered, and sustainable approach that is poised for lasting impact. With the support of this grant, the City aims to turn its vision for housing in Iowa City into a reality. 1. Planning -Related Activities The proposed planning -related activities involve building off of the work planned with PRO Housing round one funds. These barriers include restrictive regulations and burdensome 21 processes outlined in the City's zoning and subdivision regulations. After undergoing a comprehensive plan update, the next activity to undertake is a comprehensive update to the City's zoning and subdivision regulations. This task will help to meet the needs of the community in light of changing circumstances such as continued growth, a restricted housing supply, changing demographics, and shifting regional transportation and housing patterns. Informed by the new land use vision in a newly developed comprehensive plan, the City hopes to identify innovative regulatory changes that will streamline the development of housing and lead to more affordable, efficient, and cost-effective housing opportunities over the long-term. a. Comprehensive Update to Zoning and Subdivision Codes One factor that influences housing choice and supply, and therefore the cost of housing, is zoning. Zoning is a tool that helps implement the City's Comprehensive and District Plans by providing rules for how land can be developed and used, including what structures can be built where and how they may be designed. The City's Zoning Code, initially adopted in 2005, still contains a few outstanding regulatory barriers that continue to restrict housing opportunity and limit housing supply. These have not been addressed yet due to the additional study required to fully understand the scope, public support, and magnitude of changes. As a result, they have been on the City's work list for years but not executed due to associated costs. In November 2023, the City adopted a number of amendments to the City's zoning code with the goal of increasing housing choice, supply, and affordability. Planning staff initiated these changes based on the existing land use policy direction and considered these changes conservative. After an update to the comprehensive plan, which is planned as part of the City's Round 1 Pro Housing Funds, more substantive and meaningful changes will be able to be made to the City's land use regulations. This will include an analysis of the zoning and subdivision codes to identify outdated and problematic processes, as well as regulations that may inhibit housing development. 2. Housing -Related Activities Housing -related activities focus more directly on incentivizing the creation of affordable housing, increasing the supply of housing, and on relieving the impacts of the current housing market on low- and moderate -income (LMI) households. These activities are designed to increase capacity of existing housing focused local nonprofits. The goal is that proposed activities lead to the production of affordable housing units and help provide the experience needed to ensure activities can become self-sustaining. b. Building Capacity of Affordable Housing Nonprofits One of the City's biggest identified barriers related to production of affordable housing is a lack of local development capacity. This activity focuses on addressing the need for more local development capacity by building capacity of existing affordable housing nonprofits. This proposed activity will allow existing housing focused non -profits to build capacity to expand the availability of affordable housing in the community. 22 The Capacity Building Assistance will be awarded via an RFP process. Affordable Housing Nonprofits will apply for assistance with reasonable and necessary general operating costs that will allow them to expand their affordable housing offerings. Possible allowable uses could include but are not limited to staff salaries and benefits, staff development, materials and equipment needed to allow nonprofits to expand availability of affordable housing. c. Land Banking for Affordable Housing Development The most significant housing -related activity focuses on reducing the cost of developing new affordable housing for public and nonprofit developers by establishing a land banking program. This program will focus on acquiring, managing, and repurposing vacant, abandoned, or underutilized properties within the City to facilitate the creation of new affordable housing units that benefit LMI households (permitted by 24 CFR 570.201(a)). The City (or possibly a trusted nonprofit partner such as the Housing Trust Fund of Johnson County) would administer the fund and be responsible for acquiring strategic parcels that align with long-term housing goals identified through the City's regional housing study with a focus on areas of opportunity. The program would then use clear, transparent guidelines as part of a competitive selection process to select affordable housing development proposals meeting local housing needs submitted by public or nonprofit groups. PRO Housing grant funds would facilitate the direct purchase of real estate that would be the starting point for the land banking program. Properties purchase by PRO Housing funds would be required to develop promptly to ensure compliance with timeliness requirements. However, once the program is established, the City would be able to sustain the program through multiple avenues, including program income (if applicable), donations, land dedications as part of the City's other affordable housing requirements, such as within the Riverfront Crossings district or through future annexations, or through future direct purchase using federal pass -through funds, local affordable housing dollars, or fees generated in lieu of housing through the City's affordable housing requirements. Through the competitive selection process, land may be provided to developers at low or no cost, or at other prices with favorable repayment terms, depending on the depth of subsidy required for proposed developments. Overall, the program would remove identified barriers to affordable housing through a couple different mechanisms. First, it would reduce development costs associated with land acquisition which is often a significant hurdle in creating affordable units. The program would be restricted to collaborating with entities that do not have a profit motive to ensure the reduced costs made possible by the program are passed on to future tenants. Second, the program would supplement other existing efforts to boost the supply of housing with a focus on housing that is affordable to LMI households. Finally, a land banking program has additional benefits because it can overcome challenges associated with fragmented ownership by helping assemble larger, contiguous parcels suitable for housing projects, and it can expedite future project timelines by providing shovel -ready sites where issues such as title disputes, environmental remediation, and infrastructure deficiencies are already mitigated. 3. Administration -Related Activities 23 The final set of activities are related specifically to ensuring successful administration of the PRO Housing grant (as permitted by 24 CFR 570.206(a)). This includes general management of grant funds, activity oversight and coordination, providing public information about PRO housing activities, preparing budgets and schedules, preparing reports and other HUD -required documents such as the PRO Housing Action Plan, and monitoring proposed activities to ensure compliance with all requirements. In addition, this position would provide additional support to other staff for all proposed activities as needed. The proposed budget for administration -related activities would allow the City to continue to employ a full-time Associate Planner — Grant Specialist to oversee these grant administration requirements. Geographic Scope The primary geographic scope of the proposed activities will be Iowa City limits. Most planning and development activities are specifically focused on the City's jurisdictional limits, including proposed activities related to the City's Zoning Code. These changes are expected to affect the entirety of the City by removing exclusionary barriers from high -opportunity neighborhoods while simultaneously expanding opportunity in underserved communities. The City will focus affordable housing development in areas of the city that are identified as underserved per the affordable housing heat map. The City does have affordable housing funds to be used within the Riverfront Crossings District just south of downtown and has recently focused on high growth areas to the southwest, south, and east of the City. The City also prioritizes funding in high opportunity areas. However, Iowa City operates within a larger housing market that includes Johnson County and other communities in the City's urbanized area including Coralville, North Liberty, Tiffin, and University Heights. In fact, Iowa City's population accounts for just under half of the County's population. As a result, several activities will have a more regional scope, including capacity building efforts for existing nonprofits (many of which serve the region rather than Iowa City exclusively). While the City will encourage all surrounding jurisdictions to participate in these efforts, their partnership will not be required. A map of Johnson County and local jurisdiction can be seen below. 24 Map oflowa City, Johnson County, and Surrounding Municipalities Key Stakeholders and Public Engagement The City is proposing activities that are the product of years of public engagement which began with the City's 2016 Affordable Housing Action Plan and were reinforced through subsequent planning efforts. In 2024 the City hired a consultant and undertook an extensive outreach effort in preparation of updating the City's Consolidated Plan and Analysis of Impediments to Fair 25 Housing. Key stakeholders that have been involved in these discussions include the general public, affordable housing developers, homebuilders, realtors, housing providers, financial institutions, public officials, University representatives, and nonprofit and community groups representing populations including persons with disabilities, immigrants, and refugees. Much of the outreach was conducted as part of recent planning processes for the 2024 Analysis of Impediments to Fair Housing, 2024 Consolidated Plan (City Steps 2030), the 2022 Affordable Housing Action Plan, the FY23-FY28 Strategic Plan, and the City's Housing Affordability Zoning Code Amendments. However, this specific grant application was developed by Community Development, Urban Planning, and Iowa City Housing Authority leadership and staff who would be responsible for carrying out activities. Staff published the draft application materials on its website for public comment on September 16, 2024 and notified the public of the 15-day comment period and public meeting in the Press Citizen, a local newspaper. All public comments and staff responses are included in Attachment A. City Council held a public meeting regarding the draft application on October 1, 2024, [insert details from public meeting and response to public input] Public Input Relating to Housing Affordability The proposed activities are primarily based on existing policies and goals in plans and studies reviewed and adopted by Council over the course of several years. More recent efforts started in 2022 with the adoption of an updated Affordable Housing Action Plan and 5-year Strategic Plan. These plans were built on nearly a year of community engagement, including the following: • American Rescue Plan Act citywide survey with over 1,800 responses. • General outreach activities at Wetherby National Night Out, Fairmeadows Party in the Park, and Community Crisis Services, Iowa City Compassion Food Bank distributions, and several listening posts held by members of City Council. • Meetings with targeted stakeholders such as the Disability Services Coordinating Committee, University of Iowa Student Government leadership, Catholic Worker House, Agency Impact Coalition, Affordable Housing Coalition, Open Heartland, and community and economic development organizations. • Comments from the Greater Iowa City Area Home Builders Association, Iowa City Area Association of Realtors, and the Housing Action Team of Johnson County Livable Community for Successful Aging Policy Board. • Development by an Affordable Housing Steering Committee including representatives from the following industries and organizations: residential construction, the Iowa City Human Rights Commission, the Housing Fellowship (a Community Housing Development Organization), the Johnson County Affordable Housing Coalition, Iowa Valley Habitat for Humanity, Shelter House, the Local Homeless Coordinating Board, Horizon's Financial Wellness Center, the Housing Trust Fund of Johnson County, along with financial institutions, property managers and developers, and other nonprofits. In 2024, the City has continued its public input efforts in preparation for the Five -Year Consolidated Plan, Analysis of Impediments to Fair Housing, and Regional Housing Needs Assessment. hi July and August of 2024, a series of seven stakeholder meetings and three community input sessions were held with community members, agency partners, and business representatives. Additional focused conversations were held with key stakeholders including developers, builders, landlords, economic development professionals, and homeless services providers. Two surveys are currently underway as part of this process including a general survey about housing needs in Iowa City and a survey for people residing in local shelters. In addition to input specifically considering affordable housing needs, the City also received feedback as part of its recent Housing Affordability Zoning Code amendments to improve housing choice, increase housing supply, and encourage affordability. In this process, the City heard from the public, neighborhood organizations, realtors, builders, and nonprofits through correspondence, two open houses, and several public meetings and hearings. Public Input Obtained During Regular Engagement Processes In addition, the City regularly solicits input in compliance with its adopted Citizen Participation Plan as part of the Consolidated Planning process. This includes resident participation in the Housing and Community Development Commission (HCDC), a 9-member group appointed by City Council to assess the City's community development needs for housing, jobs, and services for LMI residents. HCDC meets monthly and holds annual public meetings to review policies and programs of the Neighborhood Services Division and the ICHA and provide recommendations, to monitor CDBG and HOME projects, and to facilitate public input into these and other programs. The public is invited to participate in all meetings, and all meetings and plans derived from these processes are available on the City's website. The City also regularly consults with a variety of public and private entities as part of this process, including current and past recipients of CDBG and HOME funding. This regular input was also essential to informing proposed grant activities. Furthermore, the City participates in numerous coalitions which provide a broader understanding of the housing situation in the region and help enhance coordination. One example is the Johnson County Local Homeless Coordinating Board which is comprised of nonprofits such as Shelter House, Iowa City's primary homeless services provider, the Domestic Violence Intervention Program, the Hawkeye Area Community Action Program, and others involved in addressing homelessness such as the Veterans Administration, local school district, and Johnson County. These organizations are consulted as part of the Iowa Balance of State Continuum of Care application process facilitated by the Iowa Council on Homelessness. The collaborations have led to the creation of eviction prevention clinics and increased support for coordinated entry to manage increased need due to the pandemic. The City also regularly attends meetings by the Affordable Housing Coalition to share information and solicit input regarding proposed activities, along with industry groups such as realtors, homebuilders, and property managers. Public Input Looking Forward Should funds be awarded to the City, public input will be an integral component of proposed activities moving forward. The Zoning Code use and housing elements will include an extensive public outreach process to ensure the vision and goals of the plan align with public attitudes and relevant data, including a combination of public and focus group meetings, interviews, and 27 surveys. To ensure underrepresented persons of color can meaningfully contribute to these discussions, the City will partner with local community advocacy organizations, including those representing immigrant and refugee populations and other marginalized groups, to help spread the word and solicit feedback. Other activities will provide an opportunity for meaningful input as well. The underway regional housing market analysis, analysis of impediments to fair housing and consolidated plan will require considerable consultation with local stakeholders familiar with these specific topic areas. In addition, any large-scale changes to City Code will include a public planning process. Similarly, the public will be able to weigh in on proposed development activities as part of the regular processes used by City Council to make decisions. These public engagement activities will help build support and engage the community to result in the best outcomes. Affirmatively Furthering Fair Housing All proposed activities will affirmatively further fair housing in Iowa City by taking meaningful actions that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. First, proposed activities will look at broad trends throughout the region and identify equitable ways to ensure the City meets its housing needs, including for differing household types. This is because the comprehensive plan update will focus on placing equity and housing at its core, in addition to climate change and resiliency, so identifying ways to address existing disparities is essential. The City will build support for equitable housing through education, dialogue, and consensus - building during this comprehensive planning process. The City intends to utilize an in-depth public process that uses varied methods of engagement to drive participation to be reflective of the city's demographics and to ensure underestimated groups are actively involved. To facilitate inclusivity, the City will engage the full breadth of the City's population, including LMI residents, underserved communities of color, and immigrant and refugee communities, by partnering with local organizations that interact with and advocate for different groups. This will help ensure unrepresented individuals have a seat at the table and can provide meaningful input to inform policy decisions. This in turn will lead to a vision for the community that better reflects the desire of all residents. Such a process is also vital to ensure proposed activities will help affirmatively further fair housing and help mitigate resistance to the elimination of targeted barriers to housing affordability. In addition, proposed activities will help address barriers identified in Iowa City's 2019 and 2024 Analysis of Impediments to Fair Housing Choice (i.e. Fair Housing Choice Study), including those related to improving housing choice and increasing education and outreach. Improving Housing Choice One of the primary barriers identified in the 2019 Fair Housing Choice Study is the lack of adequate housing choices throughout neighborhoods in Iowa City for residents with protected characteristics, who tend to have disproportionately lower incomes. This includes a lack of availability in addition to diversity in price points, housing types, and locations that would W. facilitate equal access to housing across the City. In effect, this means that higher income areas tend to be less diverse and only allow detached single-family houses, while areas with lower incomes tend to be more diverse and often allow a wider variety of housing that includes housing types that tend to be more affordable. Ensuring a diversity of housing is available in a range of locations, types, and prices throughout all neighborhoods helps promote fair housing choice by encouraging housing affordability for households of all types in Iowa City. Many proposed activities help directly address this barrier. The Zoning updates will help to allow for greater diversity of housing types and higher density housing types. These efforts all focus City-wide which allows a holistic approach to encourage additional housing that is more affordable in high opportunity areas and discourage an overconcentration of affordable housing in other areas as supported by the 2022 Affordable Housing Action Plan. As such, these activities will help promote desegregation along class and racial lines and will build on code changes recently passed by Council that reduce lot sizes and allow duplexes in single-family zones. Increasing Education and Outreach Another barrier identified by the Fair Housing Choice Study is that many residents lack awareness about their rights under fair housing and civil rights laws. This can lead to under- reporting of discrimination, failure to take advantage of remedies under the law, and the continuation of discriminatory practices. In addition, many individuals may not be aware of potential support that is available when moving. Housing counseling activities the City plans to implement with FY23 PRO Housing funds will boost fair housing efforts by providing quality information related to housing and affordability, available services, and organizations that serve potential tenants. Overall, ensuring access to information about housing programs and neighborhoods through housing counseling helps facilitate fair housing goals. Advancing Racial Equity & Affirmative Marketing As part of its efforts to affirmatively further fair housing, the City will also seek to advance racial equity as part these proposed activities. The City has an equity impact review toolkit to help evaluate certain housing projects and will use this toolkit while implementing proposed housing - related activities. The toolkit will also help identify the risk of displacement associated with proposed activities once a better understanding of their location and scope is available. All activities must also comply with the City's anti -displacement ordinance and federal standards related to relocation assistance. In general, the racial composition of households expected to benefit from proposed City-wide planning activities should be representative of the City due to proposed outreach efforts. However, past analyses suggest that the production of new affordable housing units and programs providing direct assistance are more likely to benefit persons of color, persons with disabilities, and other disadvantaged populations. To prevent possible barriers to these groups equitably benefiting from proposed grant activities, the City will translate materials in compliance with its Language Access Plan and will share information with organizations and associations representing these groups. The City will also affirmatively market any new housing, 29 services, or other benefits provided broadly throughout the area and to nearby areas in compliance with the City's adopted Affirmative Marketing Plan. To ensure these steps adequately advance racial equity, the City will track and report on the race, ethnicity, income, household size, and disability status, and number of assisted persons and households. The City will also track and report on the neighborhood characteristics of where each activity is implemented, along with information on any persons or businesses displaced by proposed activities. Where there is a significant difference in the composition of those being assisted or displaced compared to the City, or where the City identifies a further concentration of affordable housing units within a small area, additional steps must be identified to ensure the continued effectiveness of City efforts to advance racial equity. Proposed Budget and Timeline While the City regularly budgets for affordable housing projects and activities, PRO Housing grant funding would expand the scope of what the City could achieve and accelerate the timeline for making changes it has previously identified. To that end, anticipated funding sources and expenses for the proposed activities are estimated to be as follows. A more detailed budget is available in the submitted Grant Application Detailed Budget Worksheet (HUD-424-CBW). Proposed Revenue PRO Housing Funds $2,000,000 City Affordable Housing Funds $1,000,000 Total Sources $3,000,000 Proposed Expenditures 1. Planning -Related Activities a. Comprehensive Update to Zoning and Subdivision Codes $500,000 Subtotal $500,000 2. Housing -Related Activities b. Building Capacity of Affordable Housing Nonprofits $450,000* c. Land Banking for Affordable Housing Development $1,750,000 Subtotal $2,200,000 3. Administration -Related Activities Project Administration $300,000* Subtotal $300,000 Total Expenses $3,000,000 *Priorities for funding (see "Priorities Without Full Funding") Staff developed the proposed budget using several methodologies. Staff estimated planning costs based on current budgets for items that have scopes of work and on the cost of similar projects undertaken by other jurisdictions. Project delivery costs for City -initiated zoning code and 30 subdivision changes are based on the staff time of recently completed major zoning code changes. Administrative costs are estimated based on the cost of continuing to employ a full-time Associate Planner — Grant Specialist position to administer the PRO Housing Grant for approximately 1 additional year beyond the years of the 2023 Pro Housing funds received. To ensure the project will be cost-effective and in -line with industry standards, the City will solicit bids for all external aspects of the project in compliance with City, State, and Federal requirements. This specifically pertains to the hiring of consultants and contractors. For internal projects, the City will track time for each staff person working on the project to ensure that project delivery is accurately reflected in payment requests. Priorities Without Full Funding While full funding for the City's proposed activities would do the most to address the identified barriers to affordable housing, the City would prioritize certain aspects of the project over others in the event of a partial award of funds. In general, the City places the highest priority on activities that directly remove barriers to affordable housing and that position the City to address identified issues in the future. These would include zoning and subdivision code update, building capacity for affordable housing nonprofits, and project administration. As a result, the City could accept half of the requested PRO Housing funding ($1,000,000) and would match with up to $500,000 in City funds to supplement proposed activities. In such a case, staff would anticipate a revised budget where the zoning code update and building capacity for affordable housing nonprofits activities remain at the funding level noted above. However, the following changes would occur: The scope of the land banking for affordable housing development would likely decrease to about $400,000 which would severely limit the amount of land that could be purchased. Project administration would decrease to due to the administrative cap. The City could also accept the minimum PRO Housing funding award amount ($1,000,000), and that would have the same impact as receiving half of the award. Overall, the City could still enact meaningful change with lower grant amounts. However, funding at the half or minimum amounts would not place the City in the best position to address barriers to housing affordability compared to a full -funding scenario. Project Timeline All proposed activities will begin prior to September 30, 2027, and be completed prior to September 30, 2030. Several activities will begin as soon as funds are awarded, though some depend on other work to first be completed. Specific timelines for each activity, including significant milestones and relevant sub -tasks, are noted below. 31 Planning -Related Activities Comprehensive Update to Zoning and Subdivision Codes Updating the City's zoning and subdivision codes will occur following implementation of several planning related activities funded through Round 1 of PRO Housing. This includes an update to the City's comprehensive plan, parking reform, and City -initiated rezoning to higher density housing. Following these efforts the City will tackle a comprehensive update to the zoning and subdivision code. Staff anticipates a two year process, which will include ordinance adoption. • Project initiation: 2027 Q1 • Rezoning adoption: 2028 Q4 Housing -Related Activities Building Capacity of Affordable Housing Nonprofits. Staff anticipates that development of the RFP would take 3 months, receiving and reviewing applications would take 3 months and the program would be underway after 6 months. • Develop RFP: 2026 Q1 • Receive and Review Applications 2026 Q2 • Program Underway: 2026 Q3 Land Banking for Affordable Housing Development. This activity will be one of the longest and includes time buffers to ensure it can be completed prior to the end of the grant's performance period. In general, staff anticipates seeking land to purchase as soon as funds are awarded and completing all purchases prior to September 30, 2030. • Begin securing land: 2026 Q1 • Land purchases complete: 2030 Q3 Administration -Related Activities Project Administration. Project administration will begin upon project award and will be carried out through the duration of the grant funding timeline. Activities will first be carried out by existing staff. • Update Annual Action Plan: 2026 Q1 • All funds expended: 2030 Q2 Grant close-out: 2030 Q3 32 Exhibit E: Capacity City of Iowa City, Iowa 33 The City of Iowa City Department of Neighborhood and Development Services (NDS) will lead implementation of the proposed activities and is well-equipped to do so. The Director of NDS reports directly to the City Manager who implements the policy decisions of City Council and supervises the City's operating departments as the chief administrative officer for the City. All proposed activities are expected to be managed by City staff utilizing its current leadership and legal authority. Proposed activities are not dependent on partner organizations. Leadership and Staffing Plan The Department of Neighborhood and Development Services is comprised of 47.28 Full Time Equivalent positions and operated with a budget of $20.75 million in FY24, including federal entitlement funds for public housing, community development, and transportation planning. NDS administered approximately $885,000 in CDBG and $943,000 in HOME in FY24, as well as $10.8 million in Housing Choice Voucher and $432,000 in the Public Housing funds in CY2023. NDS has also been responsible for administering $1.8 million in HOME -ARP funds, $1.6 million in CARES Act funds, over $18 million in ARPA funds, and was recently awarded $3.752 million in FY23 PRO Housing funds. The divisions and key management structure within the department can be found in the organizational chart below. Department of Neighborhood & Development Services Tracy Hi htshoe, Neighborhood and Development Services Director Administration 1.3 FTE Development Services Division (13.0 FTE) Danielle Sitzman, Development Services Coordinator Development Services assists the public with needs related to urban planning and building inspection services. The Division coordinates all long-range planning efforts, reviews all development proposals, and conducts related building inspection services. Historic Preservation efforts are also coordinated through the Development Services Division. In addition to Ms. Sitzman, key management for proposed activities include: • Anne Russett, Senior Planner Neighborhood Services Division (27.78 FTE) Erika Kubl , Neighborhood Services Coordinator The Neighborhood Services Division is responsible for administration of various housing services, including housing programs coordinated through the Housing Authority and rehabilitation. The Division also provides housing inspection services and administers the City's federal Community Block Grant (CDBG), HOME, and ARPA programs. In addition to Ms. Kubly, key management for proposed activities include: • Rachel Carter, Iowa City Housing Authority Administrator • Sam Turnbull, Grant Specialist Metropolitan Planning Organization of Johnson County (MPOJC) (5.2 FTE) Kent Ralston. Executive Director 34 MPOJC is designated by the Governor of the State of Iowa as the Metropolitan Planning Organization (MPO) for the Iowa City Urbanized Area. The MPOJC assists with transportation -related questions and needs. Most planning -related activities will be managed by existing urban planning staff in the Development Services division. This includes the proposed Comprehensive Update to Zoning and Subdivision Code. Urban planning staff coordinate both the long- and short-term planning and land development efforts of the City. This requires regularly working with developers, residents, and other City departments to encourage orderly growth, redevelopment, and preservation of historic properties and environmental resources. Key staff who will manage these activities include: • Anne Russett, AICP: Senior Planner Highest Degree: Master of Urban & Regional Planning, University of Iowa Years of Related Experience: 17 Other activities will be managed by community development and housing authority staff in the Neighborhood Services division. The Neighborhood Services Coordinator and existing Associate Planner — Grant Specialist position will administer the PRO Housing grant. Existing key staff and positions include: Erika Kubly, AICP: Neighborhood Services Coordinator Highest Degree: Master of Urban & Regional Planning, University of Iowa Years of Related Experience: 12 Rachel Carter, LMSW: Iowa City Housing Authority Administrator Highest Degree: Master of Social Work, University of Iowa Years of Related Experience: 15 Sam Turnbull, LISW: Associate Planner — Grant Specialist: Highest Degree: Master of Social Work, University of Iowa Years of Related Experience: 1 I Additional support will be provided by other City Departments which report to the City Manager. Key staff will draw on the expertise of departments including Transportation Services and Public Works to ensure that all activities are consistent with the City's policy direction and best practices. In addition, key staff will rely on the Department of Finance for accounting, financial management, and procurement expertise, in addition to the City Attorney's Office for legal advice and the City Manager's Office for additional direction or guidance as needed. Relevant Experience Key staff are well -versed in administering federally funded projects and coordinating with project partners, contractors, subrecipients, community stakeholders, and other government agencies. Staff have utilized federal funds to conduct administrative, planning, public service, and development activities for many years as part of federal programs such as CDBG, HOME, Housing Choice Voucher, Rapid Rehousing, Public Housing, HOME -ARP, and ARPA. This 35 includes a depth of knowledge related to project and grant management, the planning and implementation of grant activities, financial oversight, along with monitoring and ensuring compliance with all federal requirements. Key staff and the additional support provided by other departments will help ensure that the City can quickly launch and implement all proposed activities. In addition, key staff have significant experience enhancing civil rights and addressing fair housing issues. In-house staff completed the City's 2019 Fair Housing Choice Study (Analysis of Impediments to Fair Housing Choice) which required extensive outreach to underserved communities and a thorough data analysis of racial and economic disparities in housing policy. This background allowed the City to incorporate several identified fair housing concerns into the recent Housing Affordability Zoning Code Amendments being considered by Council. Furthermore, staff have experience providing cultural competence and humility training, collecting data to identify racial disparities and make informed programmatic decisions, eliminating barriers that may disproportionately affect certain groups to ensure equitable access to services, and developing culturally sensitive support programs that address specific needs of different racial groups including language services, trauma -informed care, and targeted outreach. Finally, key staff are familiar with working directly with a diverse clientele and designing and operating programs that equitably benefit disadvantaged groups and advance racial equity. Key staff have also used the City's equity impact review toolkit to evaluate new programs and make meaningful changes to program design to enhance racial equity. This background and mindset are central to the Department and the way activities are designed, planned, and implemented. Application Preparation Team This application was prepared by City of Iowa City staff. Contributors included: • Tracy Hightshoe, Director of Neighborhood and Development Services • Danielle Sitzman, Development Services Coordinator • Erika Kubly, Neighborhood Services Coordinator • Anne Russett, Senior Planner • Rachel Carter, Iowa City Housing Authority Administrator • Kirk Lehmann, Assistant City Manager • Sam Turnbull, Grant Specialist we Exhibit F: Leverage City of Iowa City, Iowa 37 The City of Iowa City is strongly committed to supporting the proposed activities and has committed to providing financial leverage totaling $1,000,000 or 50% of PRO Housing grant funds. These resources are expected to be primarily allocated from the City's Affordable Housing fund intended for affordable housing opportunities, along with a portion of the approximately $1,000,000 in funding allocated for affordable housing each year over the course of the proposed activities. These leveraged resources are firmly committed as detailed in the letter from the [insert details on leverage letter and resolution to be signed at council meeting] However, staff anticipates that the actual leverage by the City will be higher. Significant staff time will be dedicated to overseeing and carrying out the proposed activities, some of which has not been included in the activities in this application. In addition, the pilot development project may utilize existing City property to ensure timely completion of the project and/or additional funds dedicated to affordable housing which are not part of the annual allocation to affordable housing, such as the $5.8 million in the Riverfront Crossings Affordable Housing Fund that must be used to support affordable housing projects in the Riverfront Crossings District. These additional resources were not included in the leverage amount because their use will be dictated by the final location and form of the pilot project to be determined during the project's design phase. The anticipated allocation of leveraged funds for proposed activities can be found in the Grant Application Detailed Budget Worksheet included in the submitted application materials. M. Exhibit G: Long-term Effect City of Iowa City, Iowa The proposed activities are designed to address both shorter and longer -term aspects of the City's housing crisis. However, the cumulative effect is to create change that will last long past the grant's period of performance, including the permanent elimination of several key barriers to housing affordability in Iowa City. This exhibit explores specific deliverables and the intended effects of each proposed activity, in addition to how the City will track long-term success. Deliverables & Long -Term Effects Addressing the housing crisis requires a multi -faceted approach. The proposed grant activities seek to address barriers posed by adopted zoning and land use policies, the land use entitlement process, limited development capacity at the local level, as well as a need for more affordable housing. Below is a summary of what will be achieved upon completion of each activity. Deliverable: Comprehensive Update to Zoning and Subdivision Codes Long -Term Effect: With a newly adopted land use policy vision, it will be important that the City's zoning and subdivision code be amended to effectively implement this new vision. This deliverable consists of identifying areas of the City's land use regulations that do not align with this new vision. Modifications could include changes to processes and standards that inhibit housing development. Changes will require analysis of the regulations, as well as community outreach and engagement. Future development costs should be reduced by the creation of more streamlined processes and the removal of regulatory barriers. This should help boost the construction of new housing and reduce the tight supply currently behind experienced. Deliverable: Building Capacity of Affordable Housing Nonprofits Long -Term Effect: Increasing capacity of our local affordable housing nonprofits will allow for an increased pace of production, acquisition and rehabilitation of affordable housing. Eligible nonprofits will be able to identify their individualized needs to be able to increase affordable housing offerings in the community. The end result will be an expanded supply of housing available to LMI households in the community. Deliverables: Establishment of Land Banking Program for Affordable Housing Long -Term Effect: To put it simply, the cost of housing (both for homebuyers and renters) is currently too high compared to the incomes of those who currently live here. This is especially true for lower income households and has only gotten worse due to the acute undersupply of housing, which is compounded by other challenges such as high construction costs, high interest rates, and a severe labor shortage. The land banking program addresses these barriers in two ways. First, it directly reducing the cost of developing new housing, and because it focuses on housing providers without a profit motive, this reduced cost can be passed along to future occupants. Second, it is another tool in the City's toolbelt to accelerate its efforts to expand the supply of housing that is affordable to LMI households. By continuing to boost supply, the City can bring the market into closer equilibrium with demand, especially for lower income households. Ensuring Success 41 Although the City has identified a real need to move forward with efforts that help to further housing affordability, there will be challenges faced during implementation. To counteract these roadblocks, the City has structured the proposed activities to mitigate and minimize these potential issues and ensure the long-term success envisioned by the application. First, the City will undertake substantial public engagement efforts to hear from all voices during the implementation process, especially for planning -related activities. While the City has historically received more input from neighborhood associations and homeowners, the City also intends to make a substantial effort to engage individuals and families that would benefit from improved housing affordability, including students, lower income households, persons of color and immigrants, and those who speak languages other than English as discussed in detail in Exhibit D. Through an inclusive engagement framework, the City will obtain a holistic understanding of the community's goals and build consensus for proposed changes. Because the City will place climate action and resilience at the core of its activities, the City also plans on minimizing environmental risks which may otherwise undermine success. Flooding, the City's main environmental risk, devastated the City in 2008. As a result, the City has recently updated floodplain regulations and is active in buying out properties in the floodplain. High heat events that could impact human health (i.e. areas lacking sufficient vegetative cover or aging residences lacking energy efficient features and/or air conditioning sufficient to handle heat events exceeding 90 degrees) are also a concern. The number of days above 90 degrees for our area is projected to increase to more than 90 days over the next century. Lastly, compounding events must be considered, such as the Derecho wind storm during a pandemic in August 2021 which only made it harder to shelter people. To mitigate the impact of hazards such as these, the City will evaluate the need for updating environmental regulations as part of its proposed Comprehensive Plan process and provide guidance based on the adopted policy direction. The City also has a track record of incorporating energy efficient design into its affordable housing projects and will utilize its environmental review process to assess the extent to which these hazards will jeopardize implementation of specific proposed activities. By ensuring the success of its efforts, Iowa City hopes to become a model for other small and mid -sized, midwestern cities. The City is serious about addressing the housing affordability crisis and has developed a comprehensive approach to approaching this complex problem. As a result, proposed activities do not solely focus on regulatory barriers but also look at land use entitlements and local development capacity issues experienced throughout the region. By thinking through the barriers to housing affordability and implementing effective solutions, Iowa City can demonstrate success that be replicated by other similar communities. The City also intends to scale up activities that lead to the best outcomes which will provide additional opportunities. Tracking Outcomes Maintaining a high quality of life while ensuring all residents have access to more housing options that are affordable to them is the ultimate demonstration of success in Iowa City. While it will be a challenge, it is essential in creating a community that truly values all residents. In order to track success, the City intends to focus on several related sets of variables: WN 1) Housing supply. 2) Diversity of housing options. 3) Housing affordability. The leading indicator of success will be to see an increase in the number of new housing units constructed annually with true success being when the supply of new housing equals anticipated demand. While housing supply is a symptom rather than a root cause of a lack of housing affordability, increasing supply is a prerequisite to improving housing prices. As the housing supply increases, vacancy rates should also increase to a healthier level when a balanced housing market is reached. This is especially important near the University where vacancy rates are lowest and access to opportunities are the greatest. As such, staff will track the following: • Metric: Increase the total number of dwelling units permitted per year Target Outcome: 460 • Metric: Balance rental vacancy rate in tracts near University (6, 11, 16.01, 16.02, 21, 23) Target Outcome: 6% Finally, the City wants to track metrics related specifically to housing affordability. Since Iowa City has a high number of households that are housing cost burdened, the long-term success of these efforts will only come to fruition if this number begins to decrease. A reduction of 5 percentage points would start to indicate progress, though continued decline is the ultimate goal. Another target is the total number of units that are included in an affordable housing program (bolstered by permanent affordable housing units created by ICHA). Staff would begin by aiming for 10% of the total demand for housing, though the final metric for success should be based on need as identified in the regional housing study. • Metric: Reduce the percentage of housing cost -burdened households Target Outcome: 5 percentage points • Metric: Dwelling units in affordable housing programs created per year Target Outcome: 46 Additional metrics for proposed activities related to enhancing racial equity are discussed in Exhibit D. Overall, the proposed metrics and outcome targets will provide a starting place to understand and guarantee the long-term success of proposed activities. 43 Attachment C: Advancing Racial Equity City of Iowa City, Iowa 45 Advancing Racial Equity As part of its efforts to affirmatively further fair housing, the City will also seek to advance racial equity as part these proposed activities. The City has an equity impact review toolkit to help evaluate certain housing projects and will use this toolkit while implementing proposed housing - related activities. The toolkit will also help identify the risk of displacement associated with proposed activities once a better understanding of their location and scope is available. All activities must also comply with the City's anti -displacement ordinance and federal standards related to relocation assistance. In general, the racial composition of households expected to benefit from proposed City-wide planning activities should be representative of the City due to proposed outreach efforts. However, past analyses suggest that the production of new affordable housing units and programs providing direct assistance are more likely to benefit persons of color, persons with disabilities, and other disadvantaged populations. To prevent possible barriers to these groups equitably benefiting from proposed grant activities, the City will translate materials and will share information with organizations and associations representing these groups. The City will also affirmatively market any new housing, services, or other benefits provided broadly throughout the area and to nearby areas in compliance with the City's adopted Affirmative Marketing Plan. To ensure these steps adequately advance racial equity, the City will track and report on the race, ethnicity, income, household size, and disability status, and number of assisted persons and households. The City will also track and report on the neighborhood characteristics of where each activity is implemented, along with information on any persons or businesses displaced by proposed activities. Where there is a significant difference in the composition of those being assisted or displaced compared to the City, or where the City identifies a further concentration of affordable housing units within a small area, additional steps must be identified to ensure the continued effectiveness of City efforts to advance racial equity. Attachment D: Affirmative Marketing and Outreach City of Iowa City, Iowa 47 Affirmative Marketing and Outreach In general, the racial composition of households expected to benefit from proposed City-wide planning activities should be representative of the City due to proposed outreach efforts. However, past analyses suggest that the production of new affordable housing units and programs providing direct assistance are more likely to benefit persons of color, persons with disabilities, and other disadvantaged populations. To prevent possible barriers to these groups equitably benefiting from proposed grant activities, the City will translate materials in compliance with its Language Access Plan and will share information with organizations and associations representing these groups. The City will also affirmatively market any new housing, services, or other benefits provided broadly throughout the area and to nearby areas in compliance with the City's adopted Affirmative Marketing Plan. Iowa City's adopted Affirmative Marketing Plan reads: AFFIRMATIVE MARKETING PLAN CITY OF IOWA CITY, IOWA (Revised 8/19) 1. Purpose This Affirmative Marketing Plan is designed to conform to the requirements of the U.S. Department of Housing and Urban Development (HUD) published at 24 CFR 570 (Community Development Block Grant — CDBG) and 24 CFR 92 (HOME Investment Partnerships — HOME). The plan sets forth the City of Iowa City's procedures and requirements for affirmatively marketing housing units assisted with federal funds. 2. General Policy It is the City's policy to make available housing options to eligible persons from all socioeconomic, racial, ethnic and gender groups in the Iowa City housing market area and affirmatively market housing that is assisted through programs administered by the City. To this end, the City will make efforts to affirmatively market housing units to assure that individuals who normally might not apply because of age, race, color, religion, creed, national origin, gender identity, sex, marital status, disability, sexual orientation, the presence or absence of dependents, familial status or public assistance source of income for housing: • Know about rental vacancies and opportunities to purchase homes. • Feel welcome to apply or funds or receive housing assistance. • Have the opportunity to live in units assisted with public funds. The City will work with subrecipients to ensure that housing units assisted with federal funds are made available to persons on an equal basis. 3. Outreach to the Public, Owners and Potential Tenants — City Procedures 48 a. Media. The City may utilize media to advertise (1) the availability of assistance and (2) the availability of vacant housing units. Press releases will contain the Equal Housing Opportunity slogan and a statement of affirmative marketing policy. Display ads, posters and other published materials will contain the Equal Housing Opportunity logo and slogan. The following media may be used for display advertising: • Iowa City Press -Citizen and/or Iowa City Gazette- newspapers • Local government access channel- cable TV Press releases from the City are received by all area print and electronic media and may also be found on the City's website. b. Other Means. The City will utilize other appropriate methods to inform the public. This may include personal and written contact with organizations, such as those listed below, encouraging them to make information on the vacant units available to all persons on an equal basis. • Business organizations- Iowa City Board of Realtors, Iowa City Apartment Owners and Managers Association and local lending institutions • University organizations such as the Iowa Memorial Union and other University of Iowa web - based applications. • Other Organizations- Community, The Housing Fellowship, HACAP, and the Iowa City Housing Authority The Iowa City Housing Authority will be of particular value in that it serves as the local Public Housing Authority, receives referrals through a network of local human service agencies and maintains a current waiting list of Section 8 eligible rentals. Community Development staff will update the Iowa City Housing Authority annually concerning new CDBG/HOME assisted rental properties. Meetings of the Housing and Community Development Commission are open to the public and will serve as another forum for announcing the availability of federal assistance and discussing the City's affirmative marketing policy for the program. Other public meetings, as needed, will be scheduled to explain the City's HUD funded programs to local organizations, property owners and tenants and discuss the affirmative marketing policy and requirements of local and federal fair housing laws. The staff of the Iowa City Human Rights Commission may be called upon to assist in explaining fair housing laws and to review potential housing discrimination practices. In addition, the Iowa City Human Rights office has added a full-time investigator who works with discrimination complaints. 4. Requirements and Procedures for Subrecipients Property owners who participate in the CDBG and/or HOME programs will be required to comply with the following affirmative marketing practices: a. Include the Equal Housing Opportunity logo and slogan or statement in all advertisements for vacant units in local media and printed material. b. If a rental office is utilized or operated by the owner, whether on or off premises, display fair housing posters in a conspicuous place. c. Provide written assurance to the City that units will be made available to prospective tenants on a non-discriminatory basis. d. Maintain records of all efforts to affirmatively market vacant units. For example, copies of newspaper ads and documentation of the owners' contacts with the local business, University and community service organizations and other efforts to publicize the availability of the vacant units. All HOME agreements shall contain language as required by 24 CFR 92.351. 5. Special Outreach Efforts If, during the course of administering the CDBG and HOME programs, it is determined that special outreach efforts are needed to attract persons of particular racial, ethnic or gender groups to vacant units, the City may: • Conduct outreach and contact service organizations, churches and University clubs. • Notify the business, University and community service organizations listed in Section 3b above of the special outreach needed. • Assist owners to locate prospective tenants by making referrals from the Iowa City Housing Authority's waiting list and target advertising as needed to expand the list. The City can require that subrecipients begin their special outreach efforts immediately upon learning that a vacancy will occur. Owners typically request a 30-day notice from current tenants planning to terminate their tenancy so that the outreach efforts can begin before advertising to the general public. 6. Record -keeping Requirements All records pertaining to affirmative marketing efforts of the City will be maintained by the City in accordance with HUD Regulations. The City will ensure the subrecipients also maintain records to document their affirmative marketing efforts. The City will maintain records of the following: 50 • Press releases and newspaper ads. • Copies of notices and documentation of contacts with the business, University and community service organizations. • Documentation of monitoring visits with subrecipients. 7. Assessment of Affirmative Marketing Efforts The City will conduct an annual assessment of the effectiveness of its affirmative marketing efforts for the inclusion in the Consolidated Annual Performance and Evaluation Report to HUD. At a minimum, the assessment will include: a. A summary of good faith efforts by the City and participating subrecipients to affirmatively market units. To determine if good faith efforts have been made, the City will compare information contained on the records to be kept with actions that were taken to carry out affirmative marketing. (See Affirmative Marketing Reporting form). b. The results of the affirmative marketing efforts may include age, race, color, religion, creed, national origin, gender identity, sex, marital status, disability, sexual orientation, the presence or absence of dependents, familial status or public assistance source of income occupying assisted housing units. To determine results, the City will examine whether or not persons from a variety of groups and persons with disabilities in the area applied for or became tenants, homebuyers, or received rehab assistance. If it is found that a variety is represented, particularly the targeted groups determined to be in need of outreach, the City would assume the procedures were effective. If it is determined that a participating subrecipient is not making good faith efforts to affirmatively market housing units, the City will take the following corrective actions: a. The City will issue a written notice to the subrecipient stating reasons of non-compliance with the terms of the CDBG and/or HOME agreement and corrective actions (e.g. advertising) which must be taken by the owner within a specified period of time, not to exceed 60 days. b. Continued non-compliance within the specified time period and, thereafter, during the term of the CDBG and/or HOME agreement, will result in the City taking legal action to recover 100% of the assistance for the subrecipient's project. All cases of apparent discriminatory practices by subrecipients will be referred to the Iowa City Human Rights Commission for review and remedial action under the housing provision of the Iowa City Human Rights Ordinance. 8. Public Notice and Review Copies of this Affirmative Marketing Plan will be made public and available for citizen review, upon request, in the office of the Department of Neighborhood and Development Services. 51 Attachment E: Experience Promoting Racial Equity City of Iowa City, Iowa 52 Experience Promoting Racial Equity The City of Iowa City has an extensive history of promoting Racial Equity. The City's Human Rights Ordinance reads "It is unlawful in Iowa City to discriminate in credit, education, employment, housing and public accommodation on the basis of age, color, creed, disability *familial status, gender identity, marital status, national origin, *presence or absence of dependents, *public assistance source of income, race, religion, sex or sexual orientation. *denotes only in housing." The City has an Equity and Human Rights Department that houses two staff (an Equity Director and Investigator). The department serves as staff liaisons for two volunteer citizen commissions (The Ad Hoc Truth and Reconciliation Commission and the Human Rights Commission). The Ad Hoc Truth and Reconciliation Commission was established by Iowa City Council in 2020 to bear witness to the truth of racial injustice in Iowa City and to carry out restorative justice through the collection of testimony and public hearings, with such work to include a recommendation to the Council of a plan for dedicating and/or renaming public spaces and/or rights of way in honor of the Black Lives Matter movement. The Iowa City Human Rights Commission has the following duties: • Disseminating information to educate the public on illegal discrimination and civil rights, such as organizing and facilitating educational public forums that address one or more of the broad range of topics included within the rubric of human rights • Making recommendations to the City Council for such further legislation concerning discrimination as it may deem necessary and desirable • Cooperating within the limits of any appropriations made for its operation with other agencies or organizations both public and private whose purposes are not inconsistent with those of Title 2 of the City Code (Human Rights Ordinance) • Planning programs and activities designed to eliminate racial, religious, cultural and other intergroup tensions including but not limited to sex, color, creed, disability, gender identity, sexual orientation, marital status, age and national origin. The City has an equity impact review toolkit to help evaluate certain housing projects and will use this toolkit while implementing proposed housing -related activities. The toolkit will also help identify the risk of displacement associated with proposed activities once a better understanding of their location and scope is available. All activities must also comply with the City's anti - displacement ordinance and federal standards related to relocation assistance. In general, the racial composition of households expected to benefit from proposed City-wide planning activities should be representative of the City due to proposed outreach efforts. However, past analyses suggest that the production of new affordable housing units and programs providing direct assistance are more likely to benefit persons of color, persons with disabilities, and other disadvantaged populations. To prevent possible barriers to these groups equitably benefiting from proposed grant activities, the City will translate materials in compliance with its Language Access Plan and will share information with organizations and associations representing these groups. The City will also affirmatively market any new housing, 53 services, or other benefits provided broadly throughout the area and to nearby areas in compliance with the City's adopted Affirmative Marketing Plan. To ensure these steps adequately advance racial equity, the City will track and report on the race, ethnicity, income, household size, and disability status, and number of assisted persons and households. The City will also track and report on the neighborhood characteristics of where each activity is implemented, along with information on any persons or businesses displaced by proposed activities. Where there is a significant difference in the composition of those being assisted or displaced compared to the City, or where the City identifies a further concentration of affordable housing units within a small area, additional steps must be identified to ensure the continued effectiveness of City efforts to advance racial equity. 54 Item Number: 10.f. CITY OF IOWA CITY COUNCIL ACTION REPORT October 1, 2024 Resolution naming the new park at 1001 Shannon Drive as Adelaide Joy Rogers Park. Prepared By: Juli Seydell Johnson, Director of Parks & Recreation Reviewed By: Susan Dulek, First Assistant City Attorney Kirk Lehmann, Assistant City Manager Fiscal Impact: None Staff Recommendation: Approval Commission Recommendations: Parks & Recreation Commission recommends approval. Attachments: Suggested Names for New Shannon Drive Park 7-10-24 Proposed Park Name for Park Adelaide Joy Rogers P&R Commission Minutes 09-11-2024 Excerpt - New Park Name 9-12-24 Historic Preservation Commission Draft Minutes Excerpt Resolution Executive Summary: This item names the new park at 1001 Shannon Drive as Adelaide Joy Rogers Park. The land was recently deeded to the City as Neighborhood Open Space from the Galway Subdivision Part Ten. Adelaide Joy Rogers ran for Parks Commissioner in 1921, the same year that Emma Harvat ran for, and was elected to City Council. Adelaide Joy Rogers did not win this election but was a lifelong Iowa Citian and a strong advocate for girls and women in educational and recreational opportunities. The Parks and Recreation Commission recommends naming this park as Adelaide Joy Rogers Park. Background / Analysis: Park land at 1001 Shannon Drive was recently deeded to the City as Neighborhood Open Space from the Galway Subdivision. A Capital Improvement Project is underway to add a playground, walking path, and shelter to the new park area. As part of the neighborhood meeting for the park design and subsequent online survey, residents were asked for suggestions to name the park. More than 35 suggestions were made. These suggestions were reviewed by the Parks & Recreation Commission. Resident Kevin Boyd presented background information and a recommendation to the Parks & Recreation Commission to name the park after Adelaide Joy Rogers Park at the September 11, 2024 meeting. The Parks & Recreation Commission recommended naming the park as such. The Historic Preservation Commission also reviewed the proposed name. HPC did not make a recommendation, but their comments are attached. Adelaide Joy Rogers ran for Parks Commissioner in 1921, the same year that Emma Harvat ran for, and was elected to City Council. Adelaide Joy Rogers did not win this election but was a lifelong Iowa Citian and a strong advocate for girls and women in educational and recreational opportunities. Additional information is in the attached information sheet provided by Kevin Boyd. Resolution No. 11-70 requires both City Council and an ad hoc committee of the City Manager and relevant department head to approve the naming of a park or building, and the City Manager and Parks and Recreation Director approve naming the park the Adelaide Joy Rogers Park. 7-10-24 Names Suggested by Public for New Park near Shannon Drive through Public Mee?ng, On-line Survey and Emails: Direc?onal / Street Name: • West Willow Park • West Park • West Park • West Edge Park • Westwoods Park • Shannon Drive Park (2), Shannon Grove Park, Shannon Meadow Park, Shannon Dale Park, Shannon Valley Park, Shannon Hollow Park • Corner Park Irish Related (due to subdivision and street names): • Galway Greenspace • Cahill Moore (Cahill a? er developer, Moore for a current commissioner.) • Something related to the Irish names of surrounding streets. • Druid's Grove Park • Shady Glen, Dublin Park, Irish Acres • Crystal Park • The Blarney Stone • Something Irish, to match the street names of subdivision • Cricket Grove Named a? era person or group: • Adelaide Joy Rogers • Caitlin Clark Park (2) • Something a? era Historical Iowa Woman • A name to honor the indigenous peoples who lived here. • Irving Weber (Iowa City Historian) (2) • Teague Park (for Mayor Teague) • Harper Park a? er Hill Harper (Actor born in Iowa City & poli?cal candidate) • Kutcher Parka? er Ashton Kutcher (Actor born in Iowa) • Raymond Perry Memorial park — founding member of the student group The Gay Libera?on Front, which helped make the UI the na?on's first public university to officially recognize a gay and lesbian student organiza?on. OtherSugges?ons: • Trojans Park (due to proximity to West High School) • Something associated with West High, historically? • Willow's Edge • Lion Park • Peace Park Adelaide Joy Rogers 1868-1952 Narrowly lost effort to be Parks Commissioner on history -making ticket Advocate for equal opportunities for girls and women Iowa City Republicans and Democrats met on the evening of Friday, March 11, 1921, to nominate their slate of candidates for the upcoming election for mayor and city offices. The Democrats met in City Hall, then on the corner of Washington and Linn Streets. Less than a block away on Washington and Dubuque, the Republicans met at the Commercial Club, where they made local history.' These meetings happened every two years. But in 1921, these were the first nominating conventions after the passage of the 19th Amendment - meaning women in Iowa could now vote. Republicans nominated two women: Emma Harvat for an at -large council position and Adelaide Joy Rogers for parks commissioners. They were the first women to run for office in Iowa City. The campaigns were short - only 17 days between the nomination and election day. There was little campaigning outside of a few ads published in the local newspaper, likely relying on name recognition, word of mouth, and the candidates' reputation in town. Adelaide would have been well-known as a lifelong Iowa Citian and active in the community. She was born on October 10, 1868, to Jane and Edwin Joy, early pioneers in Johnson County.' Adelaide attended State University of Iowa's Normal School (predecessor to the UI College of Education). She would later recall it had just four buildings, no phones and no electricity. It also had no physical education or recreation opportunities for women. So, in 1886, as a student, Adelaide was among the charter organizers who founded the local YWCA, where their first employee was a director of women's athletics. The organization would later build Close Hall in 1892 to expand recreation opportunities.' She and other women in 1901 petitioned the all -male school board to provide equal training opportunities for girls. There were mechanical classes offered for boys but no equivalent for girls. While these efforts were about traditional gender roles at the time, their language was tough and demanded equality. They wrote that the absence of equal training was disrespectful to girls. "The public schools of Iowa City ... as those of progressive towns in our country, should give simple, thorough scientific training... to give every girl an opportunity for ... well trained womanhood."' Adelaide was a public school teacher until she married Dr Ernest A Rogers, a popular instructor at the College of Dentistry in 1901. They adopted two orphaned nephews, Clifford and Frank in 1904. 1 Iowa City Press -Citizen; 12 Mar 1921; Page 1; "City Tickets are Named." 2 Iowa City Press -Citizen; 12 Mar 1921; Page 1; "City Tickets are Named." 3 Iowa City Press -Citizen; 24 Mar 1921; Page 8, columrs 1,2, and 6, Political Advertisements. Fort Collins Coloradoan; 4 Mar 1952; Page 2; "Death Takes Mrs Rogers." Iowa City Press -Citizen; 20 Jan 1944; Page 1; "Death Takes Mrs Joy, 97." 4 Daily Iowan: Magazine Section, 15 Mar 1931, Page 2, "Chase, Genevieve "Forty -Fifth Birthday" 5 Daily Iowa State Press; 18 Mar 1901; Page 3; "Domestic Economy." The family initially lived on North Dubuque Street but moved to the west side, first on Melrose Avenue and later Park Road.6 When the Children's Hospital needed help teaching children who could not attend regular school in 1919, Adelaide, the former teacher, helped train volunteers to help these non-traditional students learn. Also included in the program were opportunities for women majoring in physical education at the University to get some practical training! Adelaide was active in the local Red Cross during the First World War, chairing a committee and leading the effort to make comfort kits, including supplies like soap, razor blades, towels, and chewing gum, for departing soldiers.a Later, she was a leader in the local Garden Club. Through the club, she spoke about native plants for landscaping and shared about her wildflower garden.9 Given her experiences and biography, it made sense that a political party thought she was an ideal candidate. So on March 28, 1921, when Iowa Citians went to vote, including many women for the first time, they saw her full name on the ballot, Adelaide Joy Rogers. Including her first name and maiden name at a time when many women would have been known by their husband's name, "Mrs Ernest Rogers," for example.10 After the polls closed, the results started to come in. As each of the five wards reported their results, Adelaide won the first three, narrowly losing the fourth_ She had a 245-vote lead with just the one ward results outstanding. When the final ward reported its results - the margin was 302 for her opponent, G W Schmidt. Adelaide would come up just 57 votes short, losing the closest election of the night. Emma Harvat would win and go on to become the history -making mayor, but Adelaide would largely be forgotten." But she shouldn't be. While Adelaide wasn't victorious, she made history by putting her name on the ballot without a playbook for women to run for office. She was on the right side of history, pushing for equal opportunities for women and girls in physical education, recreation, and the classroom. What better way to honor the history -making candidate for parks commissioner than to name a park after her. Prepared by Kevin Boyd, August 2024 6 Iowa City Press -Citizen; 5 Jan 1901; Page 4 "Joined in Marriage." And The Gazette; 6 Jun 1947; Page 13; "Dr Ernest Rogers Dies in Colorado." And Wyohistory.org; 8 Nov 2014; Wyoming State Archives; "Clifford Rogers." Iowa City Press -Citizen; 24 May 1921, Page 8; "Society." Iowa City Press -Citizen; 13 Oct 1924; Page 2; "Garden Section Party." T The Daily Iowan; 12 Oct 1919; Page 4; "Perkins Children Need More Teachers." a Iowa City Citizen; 23 Jun 1917; Page 2; "Busy Times at the Red Cross Headquarters." s Iowa City Press -Citizen; 2 Apr 1926; Page 7; "Garden Club Election_" Iowa City Press -Citizen; 9 May 1931; Page 7; "Cold, Wet Weather Fails to Spoil Gardens' Charm." Iowa City Press -Citizen; 19 Jun 1925; Page 7; "Garden Club Closes Year's Study." 10 Iowa City Press -Citizen; 24 Mar 1921; Page 8, column 6, Political Advertisement. 11 Iowa City Press -Citizen; 29 Mar 1921; Page 1; "Mayor Swisher Elected Again Defeats Paine." PARKS AND RECREATION COMMISSION September 11, 2024 NEW PARK NAME — Parks & Forestry Superintendent Tyler Baird Supt. Baird explains that the Commission can make a recommendation to the City Council about the name of the new park near Shannon Drive. Baird says that the final decision will be up to the City Council but that historically, the Council has valued the opinion that the Commission brings to the process, particularly in the case if the name has a historical connection. Baird adds that if there is a historical tie-in, the name would likely go to the Historical Preservation Commission as well to confirm that everything checks out. Baird says that the Commission can suggest any names that they have heard from the community, or that will be heard during public comment. Baird refers to a proposal received from a community member that is included in the agenda packet that suggests the name, Adelaide Joy Rogers, and includes good background information. The Commission opens to public comment, to hear any park name suggestions before discussion. Kevin Boyd introduces himself as the author of the Adelaide Joy Rogers proposal but also as a 6t' generation Iowa Cityan, a former Chairman of the Historical Preservation Commission, a 2022 Iowa City Public Library history trivia winner and a former member of the Parks and Recreation Commission. Boyd explains that for as long as he can remember, he has loved local history, receiving the complete set of Irving Weber's books for his 17t' birthday. Boyd recalls carefully reading about bachelor mayor, Harry Breen. Boyd explains that at the time he was not yet out and was struggling to imagine a future where he could be involved in government and politics, but wondered if Breen was a hint left by Irving. Boyd says when he moved back to Iowa City after 12 years of living in Des Moines and Washington D.C. and working for national campaign organizations, he started digging into local history and noticed that much of what was honored and reflected didn't necessarily reflect the actual diversity of Iowa City or his life as an out gay man with a black partner. Boyd explains that this diversity has always been present, referring to bachelor mayor, Harry Breen, who was almost certainly gay, or the many women and people of color who did amazing things that the city should celebrate. Boyd says that everyone should see themselves in what is honored in our parks, schools, and civic institutes. Boyd explains that he is passionate about honoring the past and celebrating the shared history in ways that reflect the shared values of today, so when he saw that the Commission was considering a new park name, he immediately thought of Adelaide Joy Rogers. Boyd describes Adelaide Joy Rogers as a woman ahead of her time, advocating for women and girls in many ways, but particularly when it came to recreation opportunities. Boyd explains that her history - making candidacy, using her full name including her maiden name, Joy is something that should be celebrated. Boyd adds that the name fits the west -side location as Adelaide and her husband were early west-siders, living first on Melrose and later Park Road. Boyd encourages the Commission to name the park after Adelaide Joy Rogers, bringing us one step closer to being more inclusive and telling the full story of Iowa City's history, letting more people see themselves reflected in what we honor ourselves. Chairman Hachtman thanks Boyd for his suggestion and asks the Commission if there are other suggestions that the Commission has heard of from the larger community. Commission Forbes says that as a Iowa Cityan, born and raised, she absolutely loved the Adelaide Joy Rogers suggestion and thanks Boyd for the thoughtful proposal. Forbes comments PARKS AND RECREATION COMMISSION September 11, 2024 that she knows there have been suggestions to honor Caitlin Clark or Lisa Bluder, but that she believes that that is the University's place to do something for those individuals. Forbes clarifies that Adelaide Joy Rogers would still recognize the female leadership in the community and agrees with the proposal as a name for the new park. Commissioner Morelli, asks Supt. Baird if there are other names, recalling a list of suggestions, but wondering if there are any others with a lot of context to the name. Baird says that there were not any with any follow-up from the public. Baird explains during the public input for the park design process, the only people that received more than one suggestion were Historian Irving Weber, and Caitlin Clark. Baird says that Adelaide Joy Rogers was the first suggestion that had a lot of effort and history pulled into it. Morelli comments that he really liked the Adelaide Joy Rogers suggestion. Vice -Chairman Moore thought that the Adelaide Joy Rogers proposal made a lot of sense and thought that it was a slam-dunk. Chairman Hachtman says that as the father of daughters, he wholeheartedly was in favor of the Adelaide Joy Rogers proposal, especially now after learning more about her history. Moved by Moore, seconded by Forbes to recommends to City Council to name the new park after Adelaide Joy Rogers, pending any Historical Preservation review. Motion passed 6-0 (McPherson, Broe2e, and Haves absent). Historic Preserva?on Commission September 12, 2024—Dra? Minutes Request for Comment — West -side Park Naming Proposal Bristow noted former commissioner Kevin Boyd has been doing some amateur historical research and he had found Adelaide Joy Rogers in his research and had always thought that she would be a good person to name a park a? er and so the Parks and Rec Commission have this new park located at the southwest corner of West High and Highway 218. Bristow confirmed with Juli Seydell Johnson, the Parks and Rec Director, that the only part of the park will be improved with paths and playground equipment is marked on the a? ached map. Boyd had wri? en up a brief statement about Adelaide Joy Rogers which was included in the agenda packet. Some of the bullet points are: following the ra?fica?on of the 19th Amendment both Emma J. Harvat and Adelaide Joy Rogers were on that first ballot. Adelaide Joy Rogers was running to be a parks commissioner and she did not succeed but she was on that first ballot. Adelaide Joy Rogers a? ended the State University of Iowa's Normal School which eventually became the school of educa?on. In 1886 she was one of the charter organizers who founded the local YWCA and their staff member that they hired became a director of women's athle?cs. As they grew and needed more space, they were the ones who had Close Hall built and it was built by a well-known and prominent brick mason and it was also moved by horses up the hill. Historically it's just a prominent part of the University's architecture. In 1901 Adelaide Joy Rogers pe??oned the all -male school board to provide equal training opportuni?es for girls which allowed more scien?fic educa?on for girls as well. Adelaide Joy Rogers was a public -school teacher and was married to a well-known instructor in the den?stry school, they adopted two orphans and at one point in ?me lived on Melrose Avenue which is nearby the park. She also lived at 620 Park Road which was demolished a few years ago but was a colonial revival house. During World War I Adelaide Joy Rogers was ac?ve in the Red Cross, she chaired a commi? ee where they came up with comfort packs that they sent off with the troops as they departed. In 1919 she saw a need for educa?ng the children who were in The Children's Hospital so they didn't miss out on educa?on and she helped train volunteers to provide that educa?on. Seydell Johnson would like this Commission's opinion about this as a name for a park and whether or not they felt it might be appropriate. Beck stated she is strongly in support. Lewis agreed and thinks it's a really good idea, her background is educa?on based and this park is next to a school. Thomann noted the area is off Shannon Drive Park and is there any historical significance with that name or is it just a random name chosen by the developer for that street. Bristow is unsure if there is any significance as developers get to name their streets. Russell ask what the actual name they're going to use, would be Rogers Park or Adelaide Rogers Park or Adelaide Joy Rogers Park. Sellergren noted it's such a beau?ful name and thinks it would be important to keep the en? re name as the official name for the park because it's a feminine name and it gives people something easy to Google. Sellergren thanked Boyd for his research and work on this proposal. Jessica Bristow, Historic Preservation Planner (she/her) Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 Resolution No. 24-251 Resolution naming the new park at 1001 Shannon Drive as Adelaide Joy Rogers Park. Whereas, the City has a new park at 1001 Shannon Drive; and Whereas, Adelaide Joy Rogers and Emma Harvat were the first two women to run for local office in Iowa City; and Whereas, Adelaide Joy Rogers ran for Parks Commissioner and Emma Harvat for Mayor in 1921, and although Emma Harvat won, Adelaide Joy Rogers lost; and Whereas, Adelaide Joy Rogers was a lifelong Iowa Citian and a strong advocate for girls and women in educational and recreational opportunities; and Whereas, as required by the City Naming Policy approved in Resolution No. 11-70, an ad hoc committee recommends that the new park at 1001 Shannon Drive be named "Adelaide Joy Rogers Park"; and Whereas, the City Naming Policy requires the name of the park be approved by the City Council in addition to the ad hoc committee. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The park at 1001 Shannon Drive is named Adelaide Joy Rogers Park. Passed and approved this 1st day of October, 2024. Ma Attest: ��-P " U Approved by Ci Clerk City Attor y's Office (Sue Dulek - 09/25/2024) Resolution No. 24-251 Page 2 It was moved by Moe adopted, and upon roll call there were: AYES: NAYS x and seconded by ABSENT: Salih Alter x Bergus x Dunn Harmsen Moe Salih Teague the Resolution be