HomeMy WebLinkAbout2024-12-10 ResolutionItem Number: 6.b.
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CITY OF IOWA CITY
COUNCIL ACTION REPORT
December 10, 2024
Class C Retail Alcohol License for Iowa City Cantina LLC, dba Coa Cantina Iowa City,
18 1/2 S. Clinton St.
Class C Retail Alcohol License for La Familia Ortiz, Inc., dba La Rumba Latino Bar, 1859
Lower Muscatine
Class C Retail Alcohol License for Carlos O'Kelly's of Iowa City Inc., dba Carlos O'Kelly's
Mexican Cafe, 1406 S. Gilbert St.
Class E Retail Alcohol License for Crown Retail LLC, dba The Crown Liquor, 324 E.
Washington St.
Class E Retail Alcohol License for GM Retail, LLC, dba GM Mart, 2601 Highway 6 E.
Class C Retail Alcohol License for Tun Restaurant, LLC, dba Sumo Sushi & Bar, 122 E.
Washington St.
Class C Retail Alcohol License for Blazin Wings, Inc., dba Buffalo Wild Wings, 201 S.
Clinton St.
Class C Retail Alcohol License for TLP IA, LLC, dba Turkey Leg Pit, 1610 & 1660
Sycamore St.
Class C Retail Alcohol License for Iowa 80 LLC, dba Hawkeye Liquor & Tobacco, 601
Hollywood Blvd.
Special Class C Retail Alcohol License for Riverside Theatre, dba Riverside Theatre,
119 E. College St.
Special Class B Retail Native Wine License for Willow & Stock, LLC, dba Willow &
Stock, 207 N. Linn St.
Special Class C Retail Alcohol License for Pagliai Pizza, LLC, dba Pagliai's Pizza, 302
E. Bloomington St.
Class C Retail Alcohol License for Asb Raz, LLC, dba Blackstone, 503 Westbury Dr.
Outdoor Service Area for Asb Raz, LLC, dba Blackstone, 503 Westbury Dr.
Class C Retail Alcohol License for Storm Hospitality LLC, dba The Box, 525 S. Gilbert
St.
Outdoor Service Area for Storm Hospitality LLC, dba The Box, 525 S. Gilbert St.
Item Number: 7.b.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
December 10, 2024
Resolution rescinding the 2021 Personnel Policies and adopting updated Personnel Policies.
Prepared By: Karen Jennings, Human Resources Administrator
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: None.
Staff Recommendation: Approval
Attachments: Resolution
Personnel Policies - December 2024
Executive Summary:
The Personnel Policies were recently reviewed and updated to comply with recent EEOC
guidance regarding protections for LGBTQ+ people and pregnancy. A general overall review
resulted in other recommended updates intended to provide clarity, maintain best practices,
and reflect changes that have occurred in workplaces overall.
Background / Analysis:
The City's Personnel Policies have recently been reviewed and updated. Draft revisions have
been shared with Department Directors, the City Attorney's Office, and the City Manager's
Office.
The revised Personnel Policies include the following key changes:
• Clarification that Personnel Policies govern in the event of conflict or discrepancy with a
policy or procedure issued at the department or administrative level.
• Provisions related to Equal Employment Opportunity, Harassment, and Discrimination
have been updated to reflect Equal Employment Opportunity Commission (EEOC)
guidance on LGBTQ+ people and pregnancy. Listings of protections and examples of
prohibited conduct have been expanded to include gender expression and pregnancy -
related decisions.
• Description of workplace and work environment has been expanded to include
electronic platforms.
• Requirement for employees in positions subject to criminal background screening has
been updated to require that any criminal charges other than a simple misdemeanor
traffic offense, any allegation of child or dependent adult abuse, any conviction, or
finding of child or dependent adult abuse be reported to Human Resources within 48
hours.
• Other language changes and edits throughout intended to provide clarity but not
substantially changing the existing policy.
Prepared by: Karen Jennings, Human Resources Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5025
Resolution no. 24-290
Resolution rescinding the 2021 Personnel Policies and adopting updated
Personnel Policies.
Whereas, Section 1-6-1 of the City Code provides that personnel procedures, rules, and
regulations for the employees of the City shall be established by resolution of the City Council;
and
Whereas, Resolution No. 21-159, adopted by the City Council on June 15, 2021 established the
existing Personnel Policies; and
Whereas, the Personnel Policies have been reviewed by staff and updated to reflect best
practices and to better communicate organizational expectations.
Now therefore be it resolved by the City Council of the City of Iowa City, Iowa that:
1. The 2021 Personnel Policies established by Resolution No. 21-159 are hereby
rescinded.
2. The Personnel Policies attached to this resolution and by this reference made part
hereof are hereby established and adopted.
Passed and approved this 10th day of December , 20 24
Attest:-] LC�
City Clerk
f!
Mayor
Approved by
City Attorney' O ice-11/23/2024
It was moved by Bergus and seconded by salih 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
City of Iowa City
I r 1
CITY OF IOWA CITY
UNESCO CITY OF LITERATURE
Personnel Policies
Revised: December 2024
Approved by Resolution of City Council: Resolution No. on
This policy manual is not intended to create any contractual rights in
favor of you or the City of Iowa City. The City reserves the right, at
any time, to amend, delete, revise, or add to any provision in its sole
discretion.
Personnel Policies Rev. December 2024
TABLE OF CONTENTS
Section1
Introduction.....................................................................................
Section2
Administration.................................................................................
Section 3
Equal Employment Opportunity......................................................
Section 4
Labor Relations...............................................................................
Section 5
Civil Service Coverage....................................................................
5.1 Rights and Benefits
5.2 Appeal Rights
Section 6
Harassment and Discrimination......................................................
6.1 Harassment
6.2 Sexual Harassment
6.3 Discrimination
6.4 Complaint Procedure
6.5 Confidentiality
6.6 Retaliation
6.7 Consequences of Harassment
6.8 Duty to Prevent and Report
Section 7
Workplace Violence Prevention......................................................
7.1 Policy
7.2 Definition
7.3 Employee Responsibilities
7.4 Investigation and Follow -Up
7.5 Confidentiality and Retaliation
7.6 Post -incident Responses
7.7 Violent Situations Outside the Workplace
7.8 Workplace Security Suggestions and Recommendations
Section 8
Employee Relations and Conduct ..................................................
8.1 Employee Conduct and Ethical Standards of Behavior
a. Impartiality
b. Use of Information
c. Use of City Resources
d. Gifts
e. Employment Conflicts
f. Political Activity
8.2 Discipline
8.3 Weapons
8.4 Appearance -Grooming
8.5 Scented products
8.6 Personal Activities
8.7 Supplemental Employment
8.8 Religious Holidays
8.9 Education
8.10 Medication/Work Restriction Notification
8.11 Breastfeeding Breaks
8.12 Criminal Convictions and/or Conduct
8.13 Personal Use of Social Media
.3
......................6
Personnel Policies Rev. Dec 2024
Section 9 Whistleblower Policy & State Ombudsman's Office...............................................16
9.1 Definition of Improper Governmental Action
9.2 Complaint Procedure
9.3 Retaliation Prohibited
9.4 State Ombudsman's Office
Section 10 Employee Assistance Program..............................................................................17
Section 11 Substance Abuse Policy.........................................................................................18
11.1 Policy
11.2 Purpose
11.3 Applicability
11.4 Prohibited Substances/Behaviors
a. Illegally Used Controlled Substances or Drugs
b. Misuse/Abuse of Legal Drugs
c. Alcohol
11.5 Prohibited Conduct
a. Manufacture, Trafficking, Possession, and Use
b. Alcohol Use
c. Treatment
d. Notifying the City of Criminal Drug Conviction
11.6 Proper Application of the Policy
11.7 Testing Procedures
a. Pre -Employment Drug Testing
b. Unfit for Duty/Impaired
c. Reasonable Suspicion Testing
d. Post -Accident Testing
e. Refuse to Test
11.8 Consequences for Policy Violations
a. Positive Test Results
b. Second Positive Test Results
c. Refusal Consequences
d. Follow -Up
e. Invalid Drug Tests
f. Violations
Section 12 License, Certification, and Insurability Requirements.............................................24
12.1 Maintaining a Valid License
12.2 CDL Notification Requirements
12.3 Insurability
Section 13 Personnel Transactions..........................................................................................25
13.1 Personnel Files
13.2. Medical Files
13.3 Public Information
13.4 Job Description
13.5 Position Classification
13.6 Fair Labor Standards Act (FLSA) Classification
13.7 Employment of Relatives
a. Management Conflict
b. Chain of Command Conflict
13.8 Termination of Employment
a. Resignation
b. Retirement
Personnel Policies Rev. December 2024
c. Benefits Termination
d. Exit Interviews
Section14 Safety....................................................................................................................29
Personnel Policies Rev. December 2024
Section 1: Introduction
The purpose of this document is to set forth the policies by which personnel -related decisions,
made by either supervisor or employee, are to be guided and to express mutual expectations
for conduct in the workplace. The City's ability to manage and provide public services with
efficiency and effectiveness is dependent upon the capability and performance of its
employees. The City strives to provide a positive working environment which promotes and
supports respect, diversity and inclusivity, professional development, open communication, and
sensitivity to employee needs.
Section 2: Administration
These policies generally cover all City employees and prospective employees. However, not
all provisions may apply to variable hour and seasonal staff. Iowa City Public Library employees
are subject to Personnel Policies as approved by the Library Board of Trustees.
These policies work to ensure decisions will be made consistently and in accordance with
overall City goals regarding employee relations. Questions of policy interpretation should be
addressed to Human Resources. The City Manager or their designee shall be responsible for
final interpretation and application of these policies. The principles expressed herein will be
used as a guide regarding issues not specifically addressed in these policies.
This document should be read in conjunction with negotiated labor contracts, non -bargained
employment manuals, administrative regulations, and operating policies and procedures
published by Human Resources and other City departments. Should there be a conflict or
discrepancy between the provisions of the Personnel Policies and a policy or procedure issued
at the department or administrative level, the Personnel Policies will govern.
Upon initial appointment to a budgeted position, all employees of the City shall be furnished a
copy of these policies. Any substantive changes or amendments shall be posted to the City's
website. Employees will be notified that updated policies are available online and hardcopies
will be provided upon request.
Section 3: Equal Employment Opportunity
It is the policy of the City of Iowa City to prohibit discrimination and harassment of any type and
to afford equal employment opportunities for all employees or applicants without regard to race,
creed, color, sex, national origin, religion, age, sexual orientation, gender identity, gender.
expression, marital status, mental or physical disability, genetic information, veteran status,
pregnancy -related decisions, or other class/category protected by federal, state, or local law,
except where age, sex, or physical ability constitute a bona fide occupational qualification
necessary for job performance. This extends to all areas of personnel administration including
but not limited to recruitment, employment, promotion, transfer, training, working conditions,
wages, benefits, and application of personnel policies, and shall be consistent with all
protections afforded by applicable federal, state and local law. No personnel decision, action,
term, condition or privilege of employment shall be unlawfully influenced in any manner by
consideration of an individual's membership in a protected class.
Personnel Policies Page 1 Rev. December 2024
It is the goal of the City of Iowa City to ensure equitable and non-discriminatory treatment of all
applicants and employees, to remove barriers to employment for underrepresented populations
and to achieve a diverse and inclusive work force that reflects the diversity within our
community.
The City of Iowa City shall also encourage or require equal employment opportunity efforts from
vendors, contractors, consultants, and firms with which the City does business.
The City will use recruitment and selection practices that support this policy by displaying
required equal employment opportunity posters in areas visible to employees and by identifying
the City as an Equal Opportunity Employer on its job advertisements, postings, self-service
employment opportunities site and online application form, website, and other recruitment
sources. The City will make efforts to inform individuals from historically disadvantaged
populations of both employment opportunities and the City's hiring process through targeted
distribution of job postings, general recruitment and hiring information and events such as job
fairs. The City will also periodically review its outreach efforts and recruitment, hiring, and
selection procedures, adjusting as appropriate to ensure best practices to promote diversity
and reduce implicit bias are being implemented and used as appropriate and feasible. City
personnel who have responsibility for selection and hiring shall be trained in and held
responsible for using legal interviewing and selection techniques and criteria.
Section 4: Labor Relations
The City recognizes its duty to bargain collectively with employee organizations certified by the
Public Employment Relations Board, as provided by state law. Pursuant to this requirement,
the duties, obligations, and rights of the City and each certified employee organization are set
forth in the collective bargaining agreements mutually entered into by the City and the employee
organization. Please refer to the appropriate collective bargaining agreement for specific
details.
Section 5: Civil Service Coverage
The rules and regulations as set forth in Chapter 400 of the Code of Iowa shall apply to all
permanent positions within the employment of the City of Iowa City with the exception of the
positions of:
City Manager, Deputy City Manager, Assistant City Manager, the Directors of Finance, Public
Works, Neighborhood and Development Services, Parks and Recreation, Transportation
Services, and the Directors of any other city department as may be created; Police Chief*,
Fire Chief*; Human Resources Administrator; City Attorney; Assistant City Attorneys; Human
Rights Coordinator/Equity Director; City Clerk, Deputy City Clerk; all Division Heads;
Secretaries to the Department Directors; employees of the Library Board or Airport
Commission; and any other positions specifically excluded by the Code of Iowa.
*The positions of Police Chief and Fire Chief shall receive the benefits of the Iowa Civil
Service Act for selection purposes and Civil Service status under Iowa Code Sections 400.13
and 400.14.
Personnel Policies Page 2 Rev. December 2024
5.1 Riahts and Benefits
Chapter 400 establishes testing, hiring and promotional process requirements for Civil Service
positions under the authority of the Civil Service Commission. Applicants for entry level or
promotional civil service positions will be tested through impartial examinations which fairly test
each applicant's ability to perform in the position. Examinations may consist of review of written
application materials, oral interviews, and/or written, practical, or physical agility examinations
as are relevant to the position.
5.2 Aapeal Riahts
Following completion of probation, an employee covered by Civil Service who is removed,
discharged, demoted, or suspended may appeal the disciplinary action to the Civil Service
Commission, and will be entitled to a hearing before the Civil Service Commission. The appeal
process is governed by Chapter 400 of the Iowa Code.
Section 6: Harassment and Discrimination
The City of Iowa City is committed to providing a work environment in which people are treated
with dignity, decency, and respect, and which is free of harassment and unlawful discrimination.
In addition to the physical work site the work environment includes work -related communication
systems, accounts, devices, or platforms such as the City's email system, videoconferencing,
messaging or chat platforms, intranet, website, official social media accounts or other similar
technologies or services.
6.1 Harassment
Harassment may take many forms, including behaviors that are overt or subtle. Harassment
may occur between or among:
• Members of the same or opposite sex or gender identity
• Employees and the public, contractors, vendors, or co-workers
• Subordinates and supervisors.
Harassing behavior of any nature can have the effect of creating a hostile or offensive work
environment and is prohibited. This can include conduct occurring outside of the workplace
which has an impact on the work environment.
For the purposes of this policy, harassment is any conduct that threatens, intimidates,
demeans, humiliates, or coerces an employee or any person working for or on behalf of the
City. Verbal taunting that impairs an individual's ability to perform their job is included in the
definition of harassment.
Harassment may take the form of, but is not limited to:
• Comments that are offensive or unwelcome and/or the distribution, display, discussion
of any written, electronic or graphic material that is offensive regarding a person's race,
creed, color, sex, national origin, religion, age, sexual orientation, gender identity,
gender expression, marital status, mental or physical disability, genetic' information,
veteran status, pregnancy -related decisions, or other class/category protected by
federal, state, or local law, body, or appearance including epithets, slurs, and negative
Personnel Policies Page 3 Rev. December 2024
stereotyping. This includes the display of symbols of violence or hatred such as a
swastika or noose, whether on the work premises or visible in a remote workspace while
participating in a video meeting.
Abusive and offensive language, insults, teasing, name-calling, spreading rumor and
innuendo, unreasonable criticism, isolating people from normal work interaction,
excessive demands, and practical jokes
• Offensive treatment of employees aged 40 or older based on age, negative perceptions
or stereotypes of older workers such as pressuring an older employee to pursue a job
that is less technology -focused or physically demanding based on perceptions that older
workers are not well -suited to such work or encouraging an older worker to retire.
• Unwelcome treatment of persons based on disability or perceived disability, traits or
characteristics linked to an individual's disability such as how they speak, look, or move,
or based on an individual's request for or receipt of a reasonable accommodation.
6.2 Sex -based Harassment
Harassment based on sex includes conduct of both a sexualized nature and non -sexual
conduct based on sex. This includes harassment based on pregnancy, childbirth, or related
medical conditions. Sex -based harassment is defined as unwelcome conduct that affects
terms or conditions of employment or creates an intimidating, hostile, or offensive work
environment. Such harassment is prohibited for all employees, regardless of status,
including supervisors, subordinates, administrators, and co-workers. No employee,
regardless of gender identity, should be subjected to such conduct. Sex -based harassment
may also occur between same sex employees.
Sex -based harassment may take the form of, but is not limited to the following and may
include more subtle actions:
a. Deliberate or repeated unsolicited verbal comments, questions, representations, or
physical conduct of a sexual nature that is unwelcome to the recipient. This could
include conduct expressing sexual attraction or involving sexual activity.
b. Making or threatening to make decisions affecting an employee's job on the basis of
the acceptance or refusal of a request for sexual intimacy.
c. Unwelcome sexually explicit, lewd, threatening or vulgar language, sexual jokes,
innuendo, or propositions; suggestive comments; lewd gestures; requests for any
type of sexual behavior (including repeated, unwelcome requests for dates); and
verbal abuse or "kidding" that is oriented toward a prohibitive form of harassment,
including that which is sexual in nature.
d. Distribution, display or discussion or any written, electronic or graphic material,
including calendars, posters, cartoons, that are sexually suggestive, display visual
depictions of sex acts or show hostility toward an individual or group because of
sex, suggestive or insulting sounds; leering, staring; whistling; content in letters
and notes, e-mails, photos, text messages, Internet/social media postings or
messages; or other form of communication that is sexual or sex -based in nature
and offensive.
Personnel Policies Page 4 Rev. December 2024
e. Unwelcome, unwanted physical contact including touching, tickling, pinching,
patting, brushing up against, hugging, cornering, kissing, fondling, and forced sexual
Intercourse or assault.
f. Non -sexual conduct based on sex such as sex -based epithets sexist comments
degrading workplace comments about a particular sex in general even if not related
to a specific individual. Offensive conduct that appears to be sex -neutral but is
motivated by sex (targeted toward individuals of one sex).
g. Unwelcome conduct based on issues such as pregnancy, childbirth, lactation, using
or not using contraception, or abortion -related care.
h. Unwelcome conduct based on sexual orientation or gender -identity, including how
that identity is expressed such as epithets regarding sexual orientation or gender
identit , outing someone without their permission, harassing conduct because an
individual does not present in a manner stereotypically associated with their sex,
repeated and intentional misgendering, or the denial of access to or interference with
use of a bathroom or other sex -segregated facility consistent with the person s
gender identity.
6.3 Discrimination
It is a violation of City policy to discriminate in the provision of employment opportunities,
benefits or privileges; to create discriminatory work conditions; or to use evaluative
standards that discriminate, in whole or in part, based on a person's race, creed, color, sex,
national origin, religion, age, sexual orientation, gender identity, gender expression, marital
status, mental or physical disability, genetic information, veteran status, pregnancy related
decisions, or other class/category protected by federal, state, or local law. Discrimination of this
kind may also be prohibited by federal, state, or local laws, including Title VI of the Civil Rights
Act of 1964, the Age Discrimination in Employment Act of 1975, and the Americans with
Disabilities Act of 1990. This policy is intended to comply with these laws.
6.4 Complaint Procedure
The City will thoroughly pursue and investigate complaints of harassment, discrimination, or
denial of civil rights and appropriate action will be taken. Conduct which may be in violation
this policy should be reported to the Human Resources Administrator, a department supervisor,
or the City Attorney's office. Human Resources, the City Attorney's office, and/or other
administrative staff as appropriate will investigate, including interviews of complainant,
respondent, and witnesses as necessary. The City is committed to investigating complaints in
as prompt, efficient and discreet a manner as possible. If an investigation determines that an
employee has violated this policy, appropriate discipline will be issued.
Contact: Human Resources Administrator
City Hall, 410 E. Washington Street
319-356-5025
City Attorney's Office
City Hall, 410 E. Washington Street
319-356-5030
6.5 Confidentiality
Throughout the complaint process, the confidentiality of the information received, the privacy
of the individuals involved, and the wishes of the complaining person will be protected to the
Personnel Policies Page 5 Rev. December 2024
extent possible, while allowing the City to meet its obligation to investigate such complaints.
The expressed wishes of the complaining person for confidentiality will be considered in the
context of the City's legal obligation to act on the complaint and the right of the respondent to
obtain information.
6.6 Retaliation
Retaliation against any person for filing or responding to a complaint either formally or
informally, for participating in the complaint and investigation process, or for participating as a
witness in an investigation is prohibited and will be considered a violation of this policy.
Employees who believe they are being retaliated against in violation of this policy should follow
the reporting process outlined in Section 6.4. The City will thoroughly investigate claims of
retaliation. Any person who is found to have engaged in retaliation in violation of this policy will
be subject to disciplinary action up to and including termination of employment.
6.7 Consequences of Harassment or Discrimination
Harassment and discrimination is unacceptable conduct in any form, and can be the basis for
a discrimination claim against the City and/or an individual employee. It is the City's position
that every employee has the right to work in an environment free of any type of harassment or
discrimination. Consequently, any employee who engages in prohibited conduct will be subject
to disciplinary action, up to and including termination of employment.
6.8 Duty to Prevent and Report
All employees have an affirmative duty to prevent harassment and discrimination in the
workplace by supporting an environment that discourages harassment or discrimination of any
kind and which promotes and supports respect, diversity and inclusivity in the workplace and
community. This includes promptly reporting any conduct that may constitute harassment,
discrimination, or denial of civil rights to a department supervisor, the Human Resources
Administrator or the City Attorney's Office. Supervisors are required to promptly forward all
reports to Human Resources or the City Attorney's Office to ensure appropriate follow-up and
investigation.
Section 7: Workplace Violence Prevention
7.1 Policy
Providing a safe and healthy work environment is essential to the City of Iowa City. Violence or
the threat of violence by or against any City employee, or any other person, is prohibited. All
reports of violence will be promptly investigated and appropriate action will be taken.
7.2 Definition
The City defines workplace violence as any act of physical, verbal, written, or electronic
aggression affecting the workplace. This includes the destruction or abuse of property and any
visual, verbal, or physical act, that warns of or expresses an ability or intent to harm or kill; is
intended to intimidate or create fear, or has the purpose of unreasonably interfering with an
individual's reasonable expectation of a safe, non -hostile, or respectful work environment,
Personnel Policies Page 6 Rev. December 2024
whether made in person, by telephone, mail, written or electronic communications, or other
means, including conduct that occurs outside of the workplace or during non -working hours.
7.3 Emplovee Responsibilities
All employees are required to refrain from any conduct that violates this policy, to promptly
report to the Human Resources Administrator, a department supervisor, or the City Attorney's
Office any incidents or threats of workplace violence, and to cooperate with any investigation
of workplace violence. Employees are also expected to report any situation or threats of
violence which may follow them into the workplace or.otherwise impact other City employees.
Supervisors, with assistance from Human Resources, are responsible for ensuring proper
response, investigation and follow up on any reported or observed incidents of workplace
violence. Violence, the threat of violence or any other conduct that would fall under this policy
must be reported to Human Resources as soon as the reporting party becomes aware of it.
7.4 Investigation and Follow-U
Any reported or alleged violation of this policy will be promptly investigated by the appropriate
management staff, Human Resources, and/or the City Attorney's Office. Violations of this policy
may result in disciplinary action up to and including termination of employment and/or a report
to law enforcement.
7.5 Confidentiality and Retaliation
To the greatest extent possible, anonymity will be maintained during the investigation.
However, anonymity will be maintained at the discretion of those investigating and resolving
the complaint only to the degree that it does not compromise the investigation. There is no right
to or guarantee of anonymity.
Any employee who acts in good faith by reporting real, threatened, or implied violent behavior
will not be subjected to any form of retaliation or harassment. Any retaliatory behavior resulting
from a report of violence must be reported to the Human Resources Administrator or City
Attorney's Office for investigation and appropriate action.
7.6 Post -incident Response
Injured staff will receive prompt medical treatment and appropriate post -incident counsel.
Human Resources will assist the supervisor with coordination of appropriate post -incident
response which may include a critical incident debriefing session and/or counseling through the
Employee Assistance Program.
7.7 Violent Situations Outside the Workplace
In order to fulfill its obligation to protect employees from violence, the City requires that an
employee apprise their supervisor or Human Resources of any situation involving violence or
the threat of violence that may carry over into the workplace such as a restraining order issued
for the protection of the employee, harassing or threatening phone calls, email or other
electronic messages, being or suspicion of being stalked, and any other circumstance the
employee perceives as threatening to the health and safety of the employee or others in the
Personnel Policies Page 7 Rev. December 2024
workplace.
7.8 Workplace Security Suggestions and Recommendations
Employees are strongly encouraged to offer recommendations for improving safety within work
sites throughout the City. These suggestions may be made directly to supervisors, Human
Resources, or Risk Management.
Section 8: Employee Relations and Conduct
The work of every employee is important. Employee performance and conduct have an effect
on an employee's success with the City and the work environment, as well as affecting the
quality of service to the Iowa City community. Employees have a right to expect fair treatment
and fair compensation from the City. In return, employees are expected to work diligently
toward providing high levels of public service and conducting themselves in a manner that
positively contributes to a respectful and productive work environment.
8.1 Employee Conduct and Ethical Standards of Behavior
City employees are expected to conduct themselves in a courteous, respectful, responsive
manner and in a manner which demonstrates high ethical standards, professionalism, and
inspires public trust. These expectations and standards of behavior extend to individuals under
consideration for an offer of City employment, as well. All City employees are required to:
• Refrain from engaging in conduct which could violate federal, state or local laws
and/or reflect unfavorably upon the City or their department.
• Refrain from engaging in conduct which represents or could reasonably be
interpreted to represent a conflict of interest.
Refrain from discrimination in the delivery of City services on the basis of a
person's race, creed, color, sex, national origin, religion, age, sexual orientation,
gender identity, gender expression, marital status, mental or physical disability,
genetic information, veteran status, pregnancy related decisions, or other
class/category protected by federal, state, or local law except where a City
service is intended to be delivered to a specific class/category.
• Put forth honest effort in the performance of their duties.
• Carry -out and support the established policies of the City in the performance of
their job duties, regardless of their personal opinions of said policies.
• Decline any extraneous fee or gratuity for work performed on behalf of the City.
• Refrain from granting or making available to any person, any consideration,
treatment, advantage or favor beyond that which is granted or made available to
the public.
Personnel Policies Page 8 Rev. December 2024
• Immediately report to their supervisor any outside interests that may be affected
by City of Iowa City plans or activities or result in a conflict of interest or the
appearance of such conflict.
a. Impartiality
Employees must:
• Avoid any action which might result in or create the impression of using public
office, employment with the City for private gain, giving preferential treatment to
any person or entity, or losing impartiality in conducting City business.
• Refrain from securing privileges or exemptions for themselves or others beyond
that which would be available to the public at large.
b. Use of Information
Employees may not use confidential information for their own financial advantage or to
provide others with financial advantages or information which could be used for financial
advantage. Each employee is charged with the responsibility for ensuring that they release
or provide only information that should be or already is available to the public at large.
c. Use of City Resources
Employees may not use or permit the use of any publicly owned resource (property, vehicle,
equipment, labor, service or supplies (new, surplus, scrap, or obsolete)) for the personal
convenience or advantage of the employee or any other person other than what is generally
available to the public. No City -owned property may be removed from the workplace except
for the purpose of conducting City business. Use of City facilities, supplies, equipment, or
worktime for supplemental employment is prohibited.
d. Gifts
State law (Iowa Code section 68B.22, as amended) restricts gifts that can be received by
public employees or their families.
There are exceptions to the restrictions, including accepting nonmonetary items with a value
of three dollars ($3.00) or less, or accepting items made available free of charge to
members of the general public without regard to their employment. The City wishes to avoid
even the appearance of impropriety, so employees are prohibited from accepting any gift
unless it is clearly under three dollars ($3.00). Any questions should be directed to the City
Attorney's Office.
e. Employment Conflicts
City employees may not work for an outside employer whose interests might conflict with
those of the City. City employees may not use theirjobs with the City to further their interest
in any supplemental job. City employees may not work for, or directly invest in, businesses
with whom they must deal in the course of their employment with the City.
f. Political Activity
City of Iowa City employees are free to exercise all rights of citizenship. However, in order
to obey federal and state laws, and to ensure that the City will operate effectively and fairly,
some guidelines are necessary. Therefore, the following restrictions have been
established:
(1) An employee shall not, while performing official duties or while using City equipment at
Personnel Policies Page 9 Rev. December 2024
the employee's disposal by reason of their position, solicit contributions for any political
party or candidate, or engage in any political activity, including distribution of political
messaging or materials. Employees shall also refrain from wearing hats, buttons, or
other items with political messaging while working, unless otherwise permitted under
Chapter 20 of the Iowa Code.
(2) An employee shall not attempt to influence the vote or political action of another by
advocating for an appointment, increase in pay, or other business or employment
advantage for that person with the City.
(3) An employee who supervises employees shall not directly or indirectly solicit the
persons supervised to contribute money, anything of value, or service to a candidate, a
political party, or a political committee.
(4) An employee who becomes a candidate for public office may request a leave of absence
without pay. An employee who is a candidate for any elective office shall not campaign
while on duty as an employee.
8.2 Discipline
The responsibility of the City to appropriately manage its operations may occasionally require
it to take disciplinary action against employees. The objective of disciplinary action is to correct
behavior that violates City policies, expectations or is otherwise inappropriate, and to maintain
efficient City operations. Failure of the employee, after notice, to modify behavior may result in
further disciplinary action up to and including termination of employment. Furthermore, serious
infractions may result in disciplinary action up to and including termination of employment
without prior notice. Each case will be considered on its merits with due consideration as to the
nature of the offense, the cause, the background, and the attitude of the employee.
Employees in bargaining units should refer to the appropriate collective bargaining agreement
for further clarification.
Causes for Discipline:
It is not possible to list all forms of employee conduct that are considered unacceptable and
impact the workplace. The following list is illustrative of, but does not include all, types of
behavior or conduct for which disciplinary action may be taken.
a. Insubordination including disobedience, disrespect, failure to perform work assignments
or duties, or failure to accept direction from authorized personnel. Deliberately attempting
to undermine morale.
Theft of city property, money, or services or acting in a careless or negligent manner with
City money, property, or vehicles. Theft of personal property during the performance of
duty or on City property.
c. , Violation of City policies including but not limited to Personnel Policies, Administrative
Regulations, the City of Iowa City's Substance Abuse Policy, and/or the City's Drug and
Alcohol Policy; violation of departmental rules, or any other rules, policies, or regulations
issued by the City.
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Abusive or discourteous treatment during the performance of duty to any member of the
public, fellow employee or city official, including inappropriate or unwelcome behavior
based on race, creed, color, sex, national origin, religion, age, sexual orientation, gender
identity, gender expression, marital status, mental or physical disability, genetic
information, veteran or active -military status, or pregnancy -related decisions; acts of
aggression, violence or intimidation; or any behavior, including behavior occurring outside
the workplace, which negatively affects the work environment or has the potential of
producing a hostile work environment. Failure of supervisor to promptly report and/or
investigate known or reported inappropriate conduct.
e. Tardiness, failure to report to work, or failure to maintain a satisfactory attendance record;
failure to inform the appropriate person of the inability to report to work or the need to
leave work for any reason.
f. Working (straight time or overtime) without proper authorization. Failure to accurately and
timely report hours worked. Intentional abuse of the City's time keeping system, including
unauthorized punching in/out of another employee.
g. Failure to satisfactorily and consistently perform the duties of the employee's position;
incompetency, inefficiency, or negligence in the performance of assigned duties; loafing,
loitering, or engaging in unauthorized personal business during work hours; excessive
use of personal mobile devices.
h. Failure to maintain the appropriate qualifications, certifications or licenses necessary for
the performance of job duties or failure to report any change or loss of said qualifications,
certifications or licenses.
i. Unauthorized dissemination of non-public information acquired during the performance of
duties for the City.
j. Breach of confidentiality.
k. Violations of the Federal Drug Free Workplace Act or other state or federal regulations.
Lying or providing false or inaccurate information, either verbally or in writing; falsification,
alteration, deletion of required information, or failure to include material information on any
application or City record.
M. Cheating on an employment -related exam.
Inappropriate use of telephone lines, long-distance service, FAX/photocopy services,
computer or internet usage, cell phones, mobile or electronic devices or other City -owned
property.
o. Operating City equipment or vehicles without proper license or permit, failure to maintain
any required license or permit, or failure to notify the City of loss of any such license or
permit. Failure to maintain a satisfactory driving record when possession and
maintenance of a valid driver's license is required for the position (see also Section 12).
p. Failure to make payment in a timely manner for any employment related charges including
costs for return -to -duty or follow-up drug tests.
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q. Illegal activities an conviction of a crime that is related to the ability of employees to
perform their job effectively or is otherwise job related, or failure of employees in positions
subject to criminal background checks to comply with Section 8.12.
r. Disregard for safety policies and procedures, including improper use of safety gear,
clothing, or equipment; failure to report a workplace injury or illness to supervisory
personnel in a timely manner.
S. Preventable accidents; conduct resulting in damage to City equipment or property, private
property, or the injury of others. Willful destruction of property of the City or any employee.
Failure to report workplace accidents to a supervisor. Failure to report workplace incidents
involving property loss or damage.
t. Failure to provide required notification of over-the-counter or prescription medication that
may impact ability to drive or operate heavy equipment (when driving or equipment
operation is a required duty of the position); failure to provide copies of any work
restrictions applicable to the required duties of the employee's position; failure to comply
with work restrictions.
U. Activity which involves conflict of interest or use of city employment for personal gain.
V. Conduct which negatively impacts the City's ability to effectively conduct its operations;
disruptive behavior; sleeping or giving the appearance of sleeping during working hours;
engaging in horseplay, roughhousing, or disorderly behavior during work hours or while
on work premises.
8.3 Weapons
No employee of the City of Iowa City shall carry a weapon while on duty. Weapons include but
are not limited to firearms, knives, explosives, and tasers or other similar electronic
immobilizers. Weapons are not allowed on City property or in an employee's vehicle when
parked on City property. Issuance of a weapons permit does not exempt an employee from
these provisions. However, sworn officers of the Iowa City Police Department and employees
that have approval from their supervisors to use a pocketknife for City work purposes are
exempt from this restriction.
8.4 Appearance -Grooming
Employees are expected to maintain a level of personal appearance and grooming and
maintenance of their workspaces that is considerate of other employees, and projects an image
that inspires the confidence of the community and others with whom the employee must
associate in the course of work. This applies to employees participating in video conferences,
etc. while working remotely.
(1) For employees in the field during hot weather, shorts and a T-shirt appropriate for the
workplace and job duties are acceptable attire, unless safety concerns require long
pants for protection. For employees working in air-conditioned buildings, shorts are not
allowed. All employees are expected to wear clothing appropriate for the work
environment and for serving as representatives of the City.
(2) Employees provided uniforms are required to wear the uniform provided.
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(3) Dress down or casual day, generally observed on Friday unless otherwise designated
by the City Manager, is an opportunity for office employees to deviate from more formal
business attire for the day. Employees must dress appropriately for an office
environment, even when casually dressed.
(4) Employees must refrain from wearing clothing which depicts images or text that are not
appropriate when acting as a representative of the City such as images of guns or other
weapons, political messaging, vulgar language, content that is disparaging of others,
etc.
(5) Employees must refrain from displaying materials or items in personal or shared
workspaces which depict images or text that are not appropriate for the workplace
including, but not limited to, images of guns or other weapons, political messaging,
offensive or vulgar text or images, or content that is disparaging of others, etc.
(6) Employees are required to adhere to health, safety, and sanitation standards while at
work.
8.5 Scented products
The City aims to be sensitive to individuals with perfume and chemical sensitivities. Employees
should minimize use of scented personal products including but not limited to cologne, after-
shave, perfume, deodorant, lotions, hair products, air fresheners, room deodorizers or similar
products.
8.6 Personal Activities
Conducting personal or non -work related activities is discouraged during work hours, except in
emergencies and with the approval of the supervisor. Personal business should be conducted
during designated break times or during unpaid lunch breaks. When possible, personal phone
calls should be made from a phone away from areas used by the public to conduct business
and away from other employees who may be distracted by such personal calls.
8.7 Suoolemental Emulovment
Supplemental employment outside the employee's assigned City working hours must in no way
interfere or conflict with the satisfactory performance of an employee's City duties. Supplemen-
tal employment that either creates or gives the appearance of a conflict of interest is prohibited.
No employee is to conduct any supplemental employment during their scheduled working hours
unless they are using pre -approved leave. Supplemental employment is not encouraged.
If an employee is unable to perform theirjob for the City due to injury or illness, work for another
employer during what would be the employee's City work hours is expressly prohibited. A
waiver of this provision may be given if the employee presents sufficient evidence to Human
Resources from their physician that the employee's medical condition would preclude fulfillment
of the employee's duties with the City, but that the nature of the condition would permit work at
alternative outside employment. Failure to comply with this policy will result in disciplinary action
up to and including termination of employment.
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8.8 Reliaious Holidays
Every reasonable effort will be made to accommodate employee requests for release from work
to participate in bona fide religious holidays or services. Once approved, personal leave,
accrued vacation time, compensatory time, or in the absence of any of these, unpaid leave may
be used to cover such absences.
8.9 Education
Advance approval from the City Manager is necessary for an employee to attend or engage in
any educational program during normal working hours, other than that which may be provided
or directed by the City. Consideration of such requests will be based upon the direct benefit to
the City, and a demonstrated ability of employees to effectively carry out the responsibilities of
their positions. Employees are encouraged to schedule educational programs outside of
regular hours, whenever possible.
8.10 Medication/Work Restriction Notification
Employees who are required to drive vehicles or operate heavy machinery are required to
inform their supervisor when taking over-the-counter or prescribed medication which carries a
warning label indicating that the medication may impact the ability to perform those duties
safely.
Employees who are issued work restrictions by a health care provider, including for conditions
which are not work -related, must provide a copy of those restrictions to their immediate
supervisor. Employees with questions about whether a physical restriction is considered a
work restriction should discuss the restriction with Human Resources before providing the
information to the employee's supervisor.
Failure to comply with these requirements will be grounds for discipline up to and including
termination of employment.
8.11 Breastfeedinq Breaks
The City will provide reasonable break time for nursing mothers to express breast milk for a
nursing child for one year after the child's birth each time such employee has need to express
the milk. In addition, the City will provide a private space, other than a bathroom, which may
be used by the employee to express milk. If assistance is needed in coordinating the use of
private space, employees may contact Human Resources.
8.12 Criminal Convictions and/or Conduct
Employees in positions which are subject to criminal background checks. under the City's
administrative regulation on Criminal Background Checks in Hiring, as noted in the job
description, are required to notify Human Resources of any criminal charge (other than a simple
misdemeanor traffic offense) and any dependent adult abuse or child abuse allegation that is
made against the employee. Failure to notify within 48 hours of the employee being made
aware of any criminal charges or abuse allegations, or misrepresentation of the circumstances
regarding the charge or allegation, may result in disciplinary actions up to and including
termination from employment.
Human Resources will conduct an individualized assessment to determine the impact on an
Personnel Policies Page 14 Rev. December 2024
employee's ability to continue in their current role and will consult with appropriate supervisory
staff and the City Attorney's Office as necessary.
Employees in a position designated as sensitive under the Criminal Background Checks in
Hiring policy are required to notify Human Resources within 48 hours of any conviction or
finding of dependent adult or child abuse. Human Resources will conduct an individualized
assessment to determine the impact on an employee's ability to continue in their current role
and will consult with appropriate supervisory staff and the City Attorney's Office as necessary.
Employees who are convicted of a crime or who are found to have committed dependent adult
abuse or child abuse which would have precluded them from being hired into the position, may
likewise be determined to no longer meet the requirements of the position and may be subject
to termination of employment or other discipline.
Candidates for sensitive positions which are subject to criminal background screenings who
have a pending criminal charge for which conviction would preclude them from further
consideration for employment may be subject to an individualized assessment. The
individualized assessment will be conducted by Human Resources to determine whether
behaviors acknowledged or proven by a preponderance of available evidence may disqualify
the candidate from further consideration due to the nature of the position for which they are
being considered. (For example: an individualized assessment would be required for a pending
charge for a crime against a person which could pose a safety risk to vulnerable populations
served by the operation).
8.13 Personal Use of Social Media
a. Scope and definition
Policies governing appropriate use and administration of authorized City social media
accounts are addressed by the Social Media Policy contained within the City's
Communications Policy. For the purpose of this provision, social media is defined as any
form of online publication or presence that allows interactive communication, including but
not limited to, social networking sites such as Facebook, Twitter, Instagram, Linkedln,.
YouTube, or similar sites now and in the future. It also includes online forums such as
personal web pages, blogs, or vlogs, online games, and messages or comments conveyed
through any other online forum.
Nothing in this policy is intended to infringe upon any employee's First Amendment rights
to engage in speech protected by the United States and Iowa Constitutions, to limit the right
to engage in protected concerted activity under the National Labor Relations Act (NLRA),
or to express an opinion on a matter of public concern when the statement is not made
pursuant to their official duties. Employees are free to express themselves as private
individuals on social media sites. The intent of this policy is to prevent employees from
engaging in unlawful speech, improperly impairing the working relationships of and within
the City, or impeding performance of City duties and/or negatively affecting public
confidence in the operation of the City government or the performance of the individual
employee.
As public employees, City employees are cautioned that speech made pursuant to an
employee's official duties is not protected free speech under the First Amendment and may
form the basis for discipline.
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b. Work -related guidelines for employee use of personal social media
(1.) Personal accounts may not be designed in such a way as to cause users to believe the
account is City -administered or endorsed by the City, including unauthorized use of City
logos. Whether or not employees -specify on their personal social media accounts that
they work for the City of Iowa City, they should be mindful that their employment is a
matter of public record. Whenever issues are discussed online, whether in a personal
or professional capacity, it is possible that comments can be connected to the person's
employment with the City. Employees should consider whether statements they publish
may be construed as expressing official City of Iowa City positions and whether such
statements are accurate representations. If an employee possesses leadership
responsibilities or chooses to identify themselves as a City employee on personal social
media, it is recommended that they include a disclaimer such as "The postings on this
site are my own and do not necessarily reflect or represent the views of the City of Iowa
City for which I work."
(2.)Employees are prohibited from disclosing confidential or legally protected information
learned through employment with the City.
(3.)Employees are prohibited from using the internet or social media to post content that
violates the City's harassment or discrimination policies even if occurring outside work
hours, from home and on personal devices. Such behaviors include but are not limited
to posting comments or other content that is derogatory with respect to race, creed,
color, sex, national origin, religion, age, sexual orientation, gender identity, gender
expression, marital status, mental or physical disability, genetic information, veteran
status, pregnancy related decisions, or other classes or categories protected by federal,
state, and law including epithets, slurs, and negative stereotyping; sexually suggestive,
humiliating, or demeaning comments; or other behaviors that could constitute
harassment or bullying.
(4.)Employees are prohibited from using the internet or social media to incite or encourage
violence. This includes threats to stalk, haze, or physically harm another employee or
member of the public.
(5.)Employees may not use social media to engage in libelous, defamatory, obscene, or
maliciously false behavior directed at the City, City departments, elected or appointed
officials or other employees or members of the public.
(6.)While employees may believe a social media post or electronic communication is private,
release to the public is always possible. Employees will be responsible for their posted
content.
(7.)Employees are discouraged from posting to personal accounts while using the City of
Iowa City network or City -owned equipment and should not speak on behalf of the City
using their personal social media accounts.
Section 9: Whistleblower Policy & State Ombudsman's Office
It is the policy of the City that all employees are encouraged to report information or conduct the
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employee reasonably believes to be improper governmental actions by any City official or
employee, to the extent such a report is not expressly prohibited by law. The City prohibits
reprisal or retaliation against any employee who in good faith makes such a report.
9.1 Definition of Improper Governmental Action
Any action by any employee or official that:
• Is undertaken in the performance of their duties, whether or not the action is within the
scope of the employee's or official's employment; and
• Is in violation of any federal, state or local law or rule;
• Is mismanagement;
• Is an abuse of authority;
• Is of substantial and specific danger to the public health or safety; or
• Is a gross abuse of public funds.
9.2 Complaint Procedure
The City will thoroughly investigate complaints of improper governmental action. Employees
should promptly report information or conduct they reasonably believe constitutes improper
government action to their supervisor, the City's Human Resources Administrator, or the City
Attorney's Office. Supervisors receiving reports of potential improper governmental action are
required to promptly notify the Human Resources Administrator or City Attorney's Office of the
report to ensure appropriate investigation, documentation and follow-up takes place.
9.3 Retaliation Prohibited
The City may not retaliate against an employee who makes a good -faith report of conduct the
employee reasonably believes to be improper governmental action, including an internal
report as outlined above or the disclosure of information the employee believes constitutes
improper governmental action to a member or employee of the general assembly, an official
of or person providing human resources management for that political subdivision or any
other public official or law enforcement agency.
9.4 State Ombudsman's Office
In addition to the reporting procedure described above, employees may contact the State
Ombudsman with reports of improper governmental action. Pursuant to the Iowa Ombudsman
Act, Iowa Code Chapter 2C, the State Ombudsman's Office has authority to investigate
complaints about improper action or inaction taken by governmental entities. The State
Ombudsman's Office is a non -partisan agency and may be reached at 1-888-426-6283 or online
at ombudsman.iowa.gov.
Section 10: Employee Assistance Program
The City sponsors an Employee Assistance Program (EAP) as a means of assisting employees
and their family members with a variety of challenges including marital, family or financial
Personnel Policies Page 17 Rev. December 2024
difficulties, physical, emotional or personal problems, and substance or alcohol use. It is
available as a confidential service for information, short-term counseling, and referral to other
community resources. While the program is in no way meant to interfere with the private life of
the employee, employees are encouraged to contact the EAP to discuss a personal problem
before it affects their work performance. Any voluntary involvement with the EAP will be strictly
confidential and not reported to the City. Employees may contact the EAP by calling 319-
351-9072. In the event work performance is affected, a mandatory referral may be made by
an employee's supervisor. When a mandatory referral is made, the employee is required to be
seen by an EAP Counselor who may report the employee's attendance, ability to work, and
completion of any recommended follow-up treatment to the City. The City is not provided a
diagnosis and all discussions between the employee and counselor remains confidential.
Substance Abuse
All City employees are eligible for and encouraged to seek treatment and rehabilitation for
alcoholism, problem drinking, or substance abuse through the City's Employee Assistance
Program, or other available community resources. Alcoholism or drug addiction as conditions
are not causes for discipline. However, if they impact job performance, including attendance,
work performance, ability to carry out required duties, inter -personal or public relations, etc.,
disciplinary action may be taken. Nothing in this section relieves employees of responsibility
for their own conduct on the job.
Section 11: Substance Abuse Policy
11.1 Policy
The City of Iowa City is dedicated to providing safe, dependable, and efficient services to our
residents and visitors. City of Iowa City employees are our most valuable resources and it is
our goal to provide a healthy, satisfying working environment. In meeting these goals, it is our
policy to (1) assure that employees are not impaired in their ability to perform assigned duties
in a safe, productive, and healthy manner; (2) create a workplace environment free from the
adverse effects of drug abuse and alcohol misuse; (3) prohibit the unlawful manufacture,
distribution, dispensing, possession, or use of controlled substances; and (4) to encourage
employees to seek professional assistance any time personal problems, including alcohol or
drug dependency, adversely affect their ability to perform their assigned duties.
11.2 Purpose
The purpose of this policy is to assure worker fitness for duty and to protect our employees and
the public from the risks posed by the misuse of drugs or alcohol or by the use of prohibited
drugs while balancing respect for individual privacy. This policy is also intended to comply with
all applicable Federal regulations governing workplace anti -drug and alcohol programs,
including the federal Drug Free Workplace Act of 1988.
11.3 Applicability
This policy applies to all City employees, as well as contractors or volunteers; when they are
on City property or when performing any City -related business. This policy also applies to off -
site lunch periods or breaks when an employee is scheduled to return to work and when an
employee is on-call/receiving standby compensation. Compliance with the terms and
requirements of this policy is a condition of employment for all employees. Nothing herein
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relieves employees also subject to the City of Iowa City Drug and Alcohol Policy of their
responsibilities under that Policy.
11.4 Prohibited Substances/Behaviors
a. Illegally Used Controlled Substances or Drugs
Any illegal drug or any substance identified in Schedules I through V of Section 202 of the
Controlled Substance Act (21 U.S.C. 812), and as further defined by 21 CFR 1300.11
through 1300.15. This includes, but is not limited to: marijuana, amphetamines, opiates,
phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the
U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal
use includes use of any illegal drug, misuse of legally prescribed drugs, or use of illegally
obtained prescription drugs.
b. Misuse/Abuse of Legal Drugs
The appropriate use of legally prescribed drugs and over-the-counter medications is not
prohibited. However, the use of any substance which carries a warning label that indicates
that mental functioning, motor skills, or judgment may be adversely affected must be
reported to supervisory personnel and medical advice should be sought by the employee,
as appropriate, before performing work -related duties.
A legally prescribed drug means that individual has a prescription or other written approval
from a physician for the use of a drug in the course of medical treatment. Legally prescribed
drugs must be carried in their original container with a label which includes the patient's
name, the name of the substance, quantity/amount to be taken, and the period of
authorization. The misuse or abuse of legal drugs while performing City business is
prohibited.
The City reserves the right to take appropriate action (including relieving the employee from
work) if the use of a prescribed or over-the-counter medication is impairing or is deemed
likely to impair the employee's faculties or work performance.
c. Alcohol
City employees are prohibited from consuming alcoholic beverages and from possessing
containers of alcoholic beverages with a broken seal while on City premises or on duty.
11.5 Prohibited Conduct
a. Manufacture, Trafficking, Possession, and Use
City of Iowa City employees are prohibited from engaging in the unlawful manufacture,
distribution, dispensing, possession, or use of prohibited substances while working, on
City premises, in City vehicles, in uniform, or while on City business, or from reporting
to work following use of a prohibited substance. Employees who violate this provision
will be subject to disciplinary action up to and including termination of employment. Law
enforcement shall be notified, as appropriate, where criminal activity is suspected.
b. Alcohol Use
No employee shall report for duty or remain on duty when their ability to perform
assigned duties is impaired by alcohol. No employee shall use alcohol while on duty,
or during the hours that they are on call. City employees are prohibited from consuming
Personnel Policies Page 19 Rev. December 2024
alcoholic beverages on breaks or at lunch. Violation of these provisions is prohibited
and subject to disciplinary action up to and including termination of employment.
c. Treatment
The City recognizes that drug and alcohol dependency is an illness and a major health
problem. The City also recognizes drug and alcohol abuse as a potential health, safety
and security problem. All employees are encouraged to use the Employee Assistance
Program (EAP) for treatment of drug or alcohol misuse and/or illegal drug use problems.
Under certain circumstances, employees may be required to undergo treatment for
substance abuse or alcohol misuse. Any employee who refuses or fails to comply with
City requirements for treatment, after care, or return to duty shall be subject to
disciplinary action, up to and including termination of employment. Employees will be
allowed to use accumulated sick leave and other accruals as appropriate to participate
in a prescribed rehabilitation program.
The EAP provides a constructive way for employees to deal with alcohol or drug -related
problems before they interfere with continued employment. However, an employee
must continue to comply with City policies, meet attendance, job performance, and safe
and sober behavior standards while seeking assistance from EAP or another treatment
provider.
d. Notifying the City of Criminal Drug Conviction
The Drug Free Workplace Act of 1988 mandates that employees are required to notify
the City of any criminal drug statute conviction for a violation occurring in the workplace
or off City premises while conducting City business within five days after such
conviction. The City will take appropriate disciplinary action and/or require the employee
to participate in a rehabilitation program within 30 days of receiving notice of any
conviction under a criminal drug statute. Failure to comply with this provision shall result
in disciplinary action, up to and including termination of employment.
11.6 Proper Application of the Policy
The City of Iowa City is dedicated to assuring fair and equitable application of this substance
abuse policy. Supervisors are required to use and apply all aspects of this policy in an unbiased
and impartial manner. Any supervisor who knowingly disregards the requirements of this policy
or is found to have deliberately misused the policy in regard to subordinates, shall be subject
to disciplinary action, up to and including termination of employment.
11.7 Testing Procedures
a. Pre -Employment Drug Testing
All applicants for positions covered by Federal regulations governing workplace anti-
drug and alcohol programs shall undergo urine drug testing following a conditional offer
of employment. Receipt by the City of a negative drug test result is required prior to
starting employment. Failure of a pre -employment drug test will result in rescission of
the conditional offer of employment and will disqualify an applicant for employment for
a period of one year.
City employees not currently in a position covered by Federal regulations governing
workplace anti -drug and alcohol programs who apply for a position covered by said
Federal regulations must pass a urine drug test following the offer of a transfer into a
Personnel Policies Page 20 Rev. December 2024
position covered by Federal regulations governing workplace anti -drug and alcohol
programs.
b. Reasonable Suspicion Testing
Employees are expected and required to report to work on time in an appropriate mental
and physical condition. The City reserves the right to test employees when there is
reasonable suspicion that the employee is impaired, that their work performance or on-
the-job behavior has been affected in any way by drugs or alcohol or the employee is
otherwise unfit for duty.
Reasonable suspicion testing is drug or alcohol testing based upon the evidence that
an employee is using or has used alcohol or other drugs in violation of this policy. This
evidence is drawn from specific objective and articulable facts and reasonable
inferences drawn from those facts in the light of experience. For the purposes of this
policy and procedure, facts and inferences may be based upon, but not limited to, any
of the following:
(1) Direct observation of alcohol or drug use or abuse.
(2) Physical symptoms or manifestations of being impaired while at work due to alcohol
or other drug use such as, but not limited to, the smell of alcoholic beverages or
drugs emanating from the individual, reddened eyes, dilated or constricted pupils,
flushed or pale complexion, extensive sweating or skin clamminess,
unfocused/blank stare, disheveled clothing, unkempt grooming, runny or bleeding
nose, possible puncture marks, wetting lips frequently, complaining of dry mouth or
nystagmus (involuntary jerky eye movement) deterioration of work performance,
errors and irregularities in work performance.
(3) Unexplained changes in behavior or personality such as, but not limited to,
hyperactivity, fidgety, agitated, breathing irregularly or with difficulty, nausea, slow
reactions, unstable walking, poor coordination, hand tremors, shaking, sleeping on
the job, irritable, moody, suspicious, paranoid, depressed, withdrawn or a
lackadaisical attitude.
(4) Unexplained changes in speech such as, but not limited to, slurred/slowed,
loud/boisterous, quiet/whispering, incoherent/nonsensical, repetitious/rambling,
clicking sound with tongue, rapid, excessive talkativeness, exaggerated enunciation
or cursing/inappropriate speech.
(5) A report of alcohol or other drug use while at work provided by a reliable and credible
source.
(6) Evidence that an employee has manufactured, sold, distributed, solicited,
possessed, used, or transferred illicit drugs or consumed alcoholic beverages while
at work for the City, or while operating City vehicles, machinery or equipment.
Employees found to 'be impaired by prohibited substances or employees who fail to
pass a reasonable suspicion drug or alcohol test administered under federal or state
regulations shall be removed from duty and be subject to disciplinary action, up to and
including termination of employment.
c. Post Accident Testing.
The City reserves the right to test employees for drugs and alcohol after a work -related
accident when one or more of the following conditions are present:
a fatality in which a City employee was involved;
Personnel Policies Page 21 Rev. December 2024
➢ any individual suffers bodily injury known at the time of the accident;
➢ one or more vehicles incur disabling damage and require towing/removal from the
scene;
➢ the accident results in cumulative property damage of $5,000 or greater as
reasonably estimated at the time of the accident;* or
➢ the City employee receives a citation for a moving violation.*
If none of the above conditions are present, and the employee involved in the accident
would like to be tested voluntarily for drugs and alcohol, the employee may submit to
testing at the City's expense.
Following an accident, the employee will be tested as soon as possible, but time elapsed
before testing may not to exceed eight (8) hours for alcohol and thirty-two (32) hours for
drugs. An employee subject to post -accident testing shall remain readily available or
may be deemed by the employer to have refused to submit to testing.
*Employees subject to DOT guidelines are subject to the post -accident testing
requirements of the Drug and Alcohol Policy.
d. Refusal to Test
Refusal to submit to an alcohol or drug test is classified as a positive test and subject to
the consequences of a positive test.
Refusal to test includes, but is not limited to, such behavior as:
(1) Failure to report in a timely manner to a collection site (except for a pre-
employment test). Once notified an employee is to immediately go directly to the
testing site.
(2) Failure to remain at the testing site until the testing process is complete (except
for a pre -employment test).
(3) Failure to provide a urine specimen for any drug test required by this part or DOT
agency regulations (except for a pre -employment test).
(4) In the case of a directly observed or monitored collection in a drug test, failure to
permit the observation or monitoring of provision of a specimen.
(5) Failure to provide a sufficient amount of urine or breath when directed, and it
has been determined, through a required medical evaluation, that there was no
adequate medical explanation for the failure.
(6) Failure or decline to take a second test the City or collector has directed them
to take.
(7) Failure to undergo a medical examination or evaluation, as directed by the
MRO as part of the verification process, or as directed by the City as part of
the procedures for situations in which an employee does not provide a sufficient
amount of urine to permit a drug test.
(8) Failure to cooperate with any part of the testing process (e.g., refusal to empty
pockets when so directed by the collector, behaving in a confrontational way
that disrupts the collection process) or verbal or written refusal to provide a
required urine/breath specimen.
(9) For an observed collection, failure to follow the observer's instructions to raise
clothing above the waist, lower clothing and underpants, and to turn around to
permit the observer to determine if there are any types of prosthetic or other
devices that could be used to interfere with the collection process.
Personnel Policies Page 22 Rev. December 2024
(10) Possess or wear a prosthetic or other device that could be used to interfere with
the collection process.
(11) Admit to the collector or MRO that the specimen was adulterated or substituted.
(12) Failure to sign the certification at Step 2 of the Alcohol Test Form.
* The refusal to take a non -DOT drug- or alcohol test or sign a non -DOT form is not a
refusal to take a DOT test.
11.8 Consequences for Policy Violations
Violations of this policy resulting in personal injury, injury to another employee or member of
the public or violations resulting in damage to public or private property may result in
termination on the first offense.
a. Positive Test Results
An employee who is in their initial probationary period and receives a positive drug and/or
alcohol test result will have their employment terminated. A non -probationary employee's
first confirmed positive drug or alcohol test will result in a requirement that the employee be
evaluated by an EAP counselor with subsequent referral and aftercare if necessary. Failure
to undergo the required EAP evaluation or to comply with the treatment plan, including
required testing, will result in termination of employment.
b. Second Positive Test Results
If an employee who has previously tested positive under the City's drug or alcohol testing
program tests positive on a second occasion, the employee will be terminated.
c. Refusal Consequences
An employee who refuses to submit to a reasonable suspicion or post -accident drug/alcohol
test will be treated as if the employee had a positive test result. The employee shall not be
permitted to finish their shift and shall immediately be placed on administrative leave
pending disciplinary action up to and including termination of employment.
d. Follow -Up
Once returned to duty, employees may be required to undergo unannounced follow-up
testing. Such testing will take place just before job duties are performed, during job duties,
or just after the employee performed job duties. The frequency and duration of the follow-
up testing will be recommended by the EAP counselor or treating entity.
e. Invalid Drug Tests
The result of a urine drug test is considered invalid if it contains an unidentified adulterant
or an unidentified interfering substance, has abnormal physical characteristics, or has an
endogenous substance at an abnormal concentration that prevents the laboratory from
completing or obtaining a valid drug test result.
f. Violations
Violations of this policy will result in disciplinary action, up to and including termination of
employment.
Personnel Policies Page 23 Rev. December 2024
Section 12: License, Certification and Insurability Requirements
Certain positions within the City require the possession and maintenance of a specific license
or certification. If a position has such a requirement, it will be listed in the job announcement
when the job is posted and will be included in the job description. If the requirement changes
while an employee is in a position, the employee will receive notice of such change and will be
given a reasonable amount of time to comply with the requirement. If an employee loses or
fails to obtain a license or certification required for the position they hold, the employee may be
subject to discipline up to and including termination for failure to meet minimum job
requirements.
No City employee may operate a City vehicle or personal vehicle while driving on behalf of the
City without proper licensing. Any individual who operates a City vehicle on the public right-of-
way without a valid license appropriate to the vehicle being driven will be subject to disciplinary
action up to and including termination.
12.1 Maintaining a Valid License
Employees required to possess and maintain a valid Iowa driver's license, chauffeur's license,
or Commercial Driver's License (CDL) are responsible for monitoring the expiration date and
renewing their license prior to the expiration date. If an employee's license is suspended,
revoked, or cancelled, it is the employee's responsibility to notify their supervisor at the
beginning of the first workday after receiving notice of the action. Employees are prohibited
from driving any City vehicle or driving on behalf of the City without the appropriate valid license
and are required to carry their license with them while operating City vehicles or driving on
behalf of the City.
The City periodically runs driver's license checks on employees who must'have a license as a
job requirement, as well as employees who drive City vehicles in the course of their
employment. An employee who has a license that is current at the time of the license check,
but whose record shows it was suspended, revoked, or cancelled in the period of time since
the last check, is subject to disciplinary action if they drove a City vehicle during that time and/or
failed to notify their supervisor of the suspension, revocation, or cancellation. Employees who
are required to have a valid license will be subject to disciplinary action up to and including
termination of employment if they allow their license to expire and are unable to perform their
work duties.
12.2 CDL Notification Requirements
Employees required to possess and maintain a valid Commercial Driver's License must meet
the following notification requirements:
a) Notify the Human Resources Office within 30 days of a conviction for any traffic violation,
except parking (this includes pleading guilty and paying a fine). Notification is required
no matter what type of vehicle the individual was driving at the time of the infraction or
if the infraction occurred off duty. Such notice must be provided to the Human
Resources Office.
b) Notify employee's supervisor if their license is suspended, revoked, or cancelled, or if
the employee is otherwise disqualified from driving. Such notice must be made at the
beginning of the first workday following knowledge of the suspension, revocation, or
Personnel Policies Page 24 Rev. December 2024
cancellation. Employees must provide such notice to their immediate supervisor (or in
their absence to the individual acting in that capacity).
Failure to provide required notice of a traffic violation or license suspension, revocation
or cancellation may result in disciplinary action up to and including discharge.
12.3 Insurability
Employees required to possess and maintain a valid driver's license must also remain insurable
under the City's established standards for insurability. Failure to remain insurable due to
excessive or serious violations will subject an employee to disciplinary action up to and
including termination of employment.
A work permit or temporary restricted license does not meet the City's requirement for a valid
license. In no event will the City install an ignition interlock device on any City vehicle..
Section 13: Personnel Transactions
13.1 Personnel Files
Personnel files are the property of the City. It is the policy of the City to permit access by all City
employees to their personnel file, which is maintained in the Human Resources office. Access
to these files and the information contained in them is generally limited to the employee (or
former employee), appropriate supervisory personnel, appropriate administrative personnel
and third parties authorized in writing by the employee (i.e., union stewards, attorneys, etc.).
The file information may also be accessed and utilized in situations involving business
operations. Information related to education, employment and job performance will be
maintained in these files. Confidential medical records and benefits information are maintained
separately from an employee's personnel file.
City employees are permitted access to their personnel files during regular Human Resources
office hours. Employees are permitted to examine, take notes, and make copies of any
materials in their file. Employees wishing to examine their files during work hours must have
the permission of their supervisor to leave their work site. A Human Resources staff member
must be present during this examination. An employee may request correction of any alleged
misinformation contained in the file. If this request is denied, the employee will receive an
explanation of the reason thereof and will be permitted to place a concise statement of
disagreement in the file.
Employees are encouraged to keep their personnel files up-to-date with all job -related
information such as degrees obtained. Certification and training records can be maintained
through the Neogov learning management system. In addition, employees are required to
update personal information when they experience a change of name, address, phone, or
emergency contact. Employees may maintain this information through the Munis self-services
portal.
13.2 Medical Files
Employee medical records* are personal and confidential and will be maintained in a separate
medical file. Medical files are subject to the privacy restrictions imposed by the Health Insurance
Portability and Accountability Act of 1996 (HIPAA). The City of Iowa City will not release such
Personnel Policies Page 25 Rev. December 2024
information without the express written consent of the employee, except as required by law.
*Worker's compensation files are maintained by Finance and are subject to Finance
Department policy addressing access and security of those records.
13.3 Public Information
The following employee information is classified as "Public Information" under Section 22.7 (11)
of the Iowa Code and will, upon request, be provided to any individual or institution by Human
Resources:
• Employee name
• Employee compensation including any written agreement establishing compensation or
any other terms of employment excluding any information otherwise excludable from
public information pursuant to Iowa Code Chapter 22.7 or any other applicable provision
of law. Compensation includes any money, thing of value, or financial benefit conferred
in return for labor or services rendered by an official or employee plus the value of
benefits conferred including but not limited to casualty, disability, life, or health
insurance, other health or wellness benefits, vacation, holiday, and sick leave,
severance payments, retirement benefits, and deferred compensation.
• Dates of employment
• Positions held with the City
• Educational institutions attended and degrees and/or diplomas earned
• Previous employment information including names of previous employers, positions
previously held, and dates of previous employment
• The fact that an individual resigned in lieu of termination, was discharged, or was
demoted as the result of disciplinary action, and the documented reasons and rationale
for the resignation in lieu of termination, the discharge, or the demotion.
Should Iowa Code Section 22.7(11) or other Iowa law be amended to either enlarge or restrict
what employee information is classified as "Public Information" under Iowa law, the City will
modify its practices accordingly without further notice to employees.
Information such as address, telephone number, birth date, social security number, etc. is not
public information and will not be released unless requested in writing by the employee.
13.4 Job Description
Copies of job descriptions are maintained by Human Resources and are available upon request
or on the City's website. Job descriptions are periodically reviewed and updated as job duties
and requirements change.
13.5 Position Classification
All positions are classified according to job duties, responsibilities, entry requirements, and
departmental needs. A major change in these factors 'may necessitate a review of job
classification. Requests for review of a job classification may be addressed to the Human
Resources Administrator by any employee, by a supervisor, or may be initiated by the Human
Resources Administrator. All position classification review requests will be reviewed in
accordance with applicable labor contract provisions.
Personnel Policies Page 26 Rev. December 2024
13.6 Fair Labor Standards Act (FLSAI Classification
All City positions have been classified as non-exempt or exempt under the Fair Labor
Standards Act (FLSA). Non-exempt positions are eligible for overtime at a rate of one -and -one-
half times their regular hourly rate for work in excess of 40 hours in a week. Exempt positions
are not eligible for FLSA overtime. To be eligible for FLSA overtime a non-exempt employee
must perform 40 hours of work in a week; paid time off such as sick leave and vacation does
not count toward the 40 hours. Overtime is subject to supervisory authorization. Employees
who work overtime without appropriate authorization may be subject to disciplinary action.
Police Officers and Firefighters are subject to the FLSA 207(k) exemption. Firefighters are
assigned to a 27-day/204 hour FLSA cycle and Police Officers are assigned to a 14-day/86
hour FLSA cycle.
To report a FLSA complaint or violation employees may contact the Human Resources
Administrator or City Attorney's office.
13.7 Employment of Relatives
a. Management Conflict
It shall be a violation of this policy for the spouse, domestic partner or partner by
cohabitation, children', mother, father, son-in-law, daughter-in-law, mother-in-law,
father-in-law, step-parent, brother2, sister2, brother-in-law, sister-in-law, grandparents
and grandchildren, foster child, persons who are parents of the same child, and
persons with whom the employee is in an intimate relationship3 of the City Manager,
Deputy City Manager, Assistant City Manager, City Clerk, City Attorney, Department
Directors, Division Heads, or Human Resources staff to become employed by any
department of the City.
b. Chain of Command Conflict
It shall be the general policy of the City that no person shall be hired, assigned,
promoted, or transferred to a department of the City or to a division thereof when, as
a result, the employee would routinely be directly or indirectly supervising or receiving
direct or indirect supervision from a member of the employee's immediate family. For
the purpose of this subsection "members of the immediate family" include all of the
relationships identified under the Management Conflict provision (13.7 a) and also
include aunt, uncle, niece, nephew, and first cousin4.
When a prohibited familial relationship is created during the course of employment,
reasonable efforts will be made to find an acceptable alternative or to eliminate the
situation by transfer or reassignment of one of the employees. Affected employees will
first be given the option of deciding which employee will transfer or be reassigned. If no
choice is indicated, seniority will be the governing factor and the least senior employee
will be subject to transfer, reassignment, or termination.
Individuals actively employed by the City in violation of this expanded policy on
November 1, 2011 will be allowed to remain City employees.
'This includes step -children and children for whom the employee stands in loco parentis (assumes parental
responsibility).
Personnel Policies Page 27 Rev. December 2024
zBrother and sister are defined to include step -siblings and half -siblings.
3An intimate relationship means a significant romantic involvement that need not include sexual involvement. An
intimate relationship does not include casual social relationships or associations in a business or professional
capacity.
4This policy applies to in-law relationships and spouses of the familial relationships listed in both 13.7a and
13.7b.
13.8 Termination of Employment
a. Resignation
Employees are requested to give at least ten (10) working days' notice prior to the effective
date of resignation. The notice should be in writing and directed to the immediate
supervisor. Generally, the termination date shall be the employee's last day in attendance
at work, except in cases of medical disability.
Generally, employees will be required to be at work on their last day. Use of extended
vacation time prior to separation from service is not allowed. Supervisors may approve no
more than two calendar weeks of paid time off within the same calendar month immediately
preceding the employee's resignation effective date. The intent for this provision is that
accruals not be used for the purpose of extending benefits at City expense beyond the last
month in which the employee actively worked for any significant time. Therefore, scheduling
vacation followed by a single, final workday in a new benefit period is considered contrary
to the intent of this provision.
b. Retirement
Terminating employees may be considered retirees if they have submitted the appropriate
forms and will begin receiving a retirement benefit from their applicable pension or
retirement programs immediately following employment. Sworn employees in the Police
and Fire Departments will retire under the Municipal Fire and Police Retirement System of
Iowa (MFPRSI); other City employees will retire under the Iowa Public Employee
Retirement System (IPERS).
Employees must contact the retirement system directly to initiate the retirement application
process. Generally, employees will be required to be at work on their last day. Extended
vacation time prior to separation from service is not allowed. Supervisors may approve no
more than two calendar weeks of paid time off within the same calendar month immediately
preceding the employee's retirement effective date. The intent for this provision is that
accruals not be used for the purpose of extending benefits at City expense beyond the last
month in which the employee actively worked for any significant time. Therefore, scheduling
vacation followed by a single, final workday in a new benefit period is considered contrary
to the intent of this provision.
c. Benefits Termination
Upon notice of resignation, termination, or retirement being received by Human Resources,
applicable information regarding continuation of insurance coverage, benefits payout,
IPERS benefit or refund, final check, and other information will be forwarded to the
employee.
Human Resources will provide information to terminating employees, answer questions,
Personnel Policies Page 28 Rev. December 2024
and assist employees. However, it is the employee's responsibility to complete and submit
all forms to the applicable agency.
d. Exit Interviews
Permanent employees who voluntarily leave the City will be provided an exit survey prior to
their last day of employment and are encouraged to participate in an exit interview
conducted by Human Resources staff or City Manager's Office in addition to or in lieu of
providing feedback via the exit survey.
Section 14: Safety
All City employees are responsible for completion of job assignments in the safest manner
possible. Prime consideration will be given to the safety of City employees and the public.
Employees will not be required to and should not work in areas or operate equipment which is
a safety hazard to themselves or the public. Employees are required to report unsafe working
conditions to their immediate supervisor. The Iowa Occupational Health and Safety
Administration establishes industrial standards for many City work functions. The City is
committed to compliance with these and other applicable standards.
a. Employees must wear appropriate safety equipment/clothing, as required. Employees
will receive appropriate training and are expected to follow appropriate safety standards.
b. Employees must wear seatbelts in all vehicles that are equipped with seatbelts, as
provided by state law.
c. Smoking, including use of electronic smoking devices (such as e-cigarettes, vapes or
other similar devices and products), is prohibited in all City vehicles, equipment,
buildings, and grounds.
d. City employees shall not wear or use radio headphones, earphones, or other similar
devices at any time while at work, unless such devices are authorized by the Depart-
ment Director/Division Head. Telephone headphones are permitted for business
phones with the supervisor's approval.
e. Employees will handle property and equipment of the City with due care appropriate to
the nature of the work and equipment used. With the exception of necessary use of the
City's radio system, using a hand-held communication device, such as a cellular
telephone, while driving is strictly prohibited. Employees who act in a manner which
endangers the safety of themselves or others are subject to disciplinary action up to and
including termination of employment.
f. Treatment for work related injuries must be provided by the provider designated by the
City. Treatment by another physician will be allowed only upon referral from the City's
designated treatment provider. Failure to use the City's designated treatment provider
for a work -related injury may result in denial of payment of claims by Worker's
Compensation. Worker's Compensation questions should be directed to the City's Risk
Manager.
Personnel Policies Page 29 Rev. December 2024
Item Number: 7.c.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
December 10, 2024
Resolution authorizing the City Manager to sign a 28E Agreement with the Iowa Department of
Revenue for tobacco enforcement.
Prepared By: Susan Dulek, First Ass't. City Attorney
Reviewed By: Geoff Fruin, City Manager
Denise Brotherton, Captain Police Dept.
Fiscal Impact: none
Staff Recommendation: Approval
Commission Recommendations: N/A
Attachments: Resolution
Agreement
Executive Summary:
The State provides funds for enforcement for Iowa's tobacco, alternative nicotine and vapor
product laws and is willing to provide funding to the City for FY25 for compliance checks and
enforcement checks for Iowa's tobacco, alternative nicotine, and vapor product laws. This
resolution authorizes the City Manager to sign a 28E Agreement for Tobacco, Alternative
Nicotine and Vapor Product Enforcement. Agreements made pursuant to Chapter 28E of the
Iowa Code (aka, 28E Agreements) require Council approval.
Prepared by: Susan Dulek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
Resolution No
24-291
Resolution authorizing the City Manager to sign a 28E Agreement with
the Iowa Department of Revenue for tobacco enforcement.
Whereas, the Iowa Department of Revenue is authorized to provide enforcement for Iowa's
tobacco, alternative nicotine and vapor product laws; and
Whereas, the Iowa Department of Revenue is willing to provide funding for FY25 to the City for
engaging in compliance checks and enforcement checks for Iowa's tobacco, alternative nicotine,
and vapor product laws; and
Whereas, it is in the interest of the City to sign the attached 28E Agreement for Tobacco,
Alternative Nicotine and Vapor Product Enforcement.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
The City Manager is hereby authorized to sign the attached 28E Agreement for Tobacco,
Alternative Nicotine and Vapor Product Enforcement and is authorized to sign amendments as
needed.
Passed and approved this loth day of December, 2024.
Mayor U
Attest:
City Clerk
Approved by/
G
City Attorn s Office
(Sue Dulek—12/03/2024)
It was moved by Bergus and seconded by salih 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
28E AGREEMENT FOR TOBACCO, ALTERNATIVE NICOTINE AND VAPOR PRODUCT
ENFORCEMENT
This agreement ("Agreement") is made and entered into on the Effective Date by and between
the Iowa Department of Revenue ("IDR"), and City of Iowa City ("Department"). The parties
agree as follows:
SECTION 1. IDENTITY OF THE PARTIES.
1.1 IDR. IDR is an agency of the State of Iowa is authorized, pursuant to Iowa Code
chapter 453A and a memorandum of understanding with the Iowa Department of
Health and Human Services, to provide enforcement for [owa's tobacco, alternative
nicotine, and vapor product laws. IDR's address for the purposes of this Agreement
is: 1918 SE Hulsizer Road, Ankeny, Iowa 50021.
1.2 Department. The Department operates a duly -recognized Iowa law enforcement
agency. The Department's address is: 410 E. Washington Street, Iowa City, IA 52240.
SECTION 2. PURPOSE. The parties have entered into this Agreement for the purpose of
providing and funding tobacco, alternative nicotine, and vapor product enforcement activities
in compliance with Iowa Code section 453A.2. The legal authority for this agreement is Iowa
Code chapter 28E, Iowa Code section 453A.2, and MOU-2025-ABD01 Memorandum of
Understanding between the Iowa Department of Health and Human Services Division of
Tobacco Use and Prevention and Control and Iowa Department of Revenue.
SECTION 3. TERM. The term of the Agreement shall be from the aforementioned date
through June 30, 2025, unless earlier terminated in accordance with the terms of the
Agreement.
SECTION 4. FILING. Pursuant to Iowa Code section 28E.8, IDR shall electronically file the
Agreement with the Iowa Secretary of State, after the Parties have executed the Agreement.
SECTION 5. RESPONSIBILITIES OF THE PARTIES.
5.1 Responsibilities of the Department.
5.1.1 Local Tobacco, Alternative Nicotine and Vapor Product Enforcement. The
Department shall provide tobacco, alternative nicotine, and vapor product
enforcement of Iowa Code chapter 453A.
5.1.2 Compliance Checks.
5.1.2.1 "Compliance checks" means activity to enforce tobacco, alternative
nicotine, and vapor product laws in accordance with IowaCode
RECEIVED
section 453A.2 within the jurisdiction of the Department. Comp liance
checks also may include enforcement of Iowa Code section 453A.2
DEC �.20Z4 within additional jurisdictions upon agreement of the Parties. ]DR shall
make available to the Department the location of each tobacco,
REGULATION alternative nicotine, and vapor product permit holder subject to a
compliance check by the Department at
httr)s://Qovconnect.iowa.gov/TAP/LawEnforcement/.
5.1.2.2 The Department shall perform one (1) compliance check of each
tobacco, alternative nicotine and vapor product permit holder within
Page 1 of 8
the jurisdiction of the Department during the term of the Agreement.
Please note that alternative nicotine, and vapor products are age -
restricted pursuant to Iowa Code section 453A.2 and are therefore
included in the I -PLEDGE program. Attempts to purchase alternative
nicotine and vapor products may be conducted at any retailer that
sells these products.
5.1.2.3 The Department shall not begin to conduct any retailer
compliance checks until October 1, 2024.
5.1.2.4 The compliance check shall be completed and submitted for
reimbursement to IDR by February 15, 2025. The Department should
try to complete a compliance check of all seasonal businesses, such
as golf courses, marinas, and bait shops, before the businesses close
for the 2024 business year, but not before October 1, 2024. If the
Department is unable to complete the compliance checks on seasonal
businesses prior- to the businesses close for the 2024 business year,
the Department shall work with IDR to establish a plan for completing
these compliance checks.
5.1.2.5 The Department shall conduct a second compliance check on any
retailer that is found to be non -compliant during the first inspection.
The second compliance check on the non -compliant retailer shall be
completed and entered no later than May 15, 2025.
5.1.2.E Clerks that fail compliance checks shall be ticketed criminally.
5.1.2.7 The Department shall, within seven (7) business days, notify the retail
owner or manager of any violation. Within seventy-two (72) hours of
the Department issuing a citation for a violation of Iowa Code §
453A.2(1) to a permit -holder or employee of a permit -holder, the
Department must notify the local permit -issuing authority that issued
the tobacco, alternative nicotine, and vapor product permit to the
retailer where the offense was committed.
5.1.2.8 If the Department falls to complete and submit reimbursement for
compliance checks to IDR by February 15, 2025, IDR will consult with
the Department to establish a plan for completing the remaining
compliance checks. In the event that the Department fails to execute
the agreed upon plan, the Department agrees that IDR may authorize
the Iowa State Patrol or other law enforcement agency to conduct any
remaining compliance checks.
5.1.3 Underage Purchaser Volunteers. Utilization of underage purchaser
volunteers is strongly encouraged, where feasible. The Department may
compensate the underage purchasers involved in the compliance checks in a
manner consistent with Section 6. Underage purchasers from the age of
sixteen to twenty years old may be utilized in the program. Keep in mind that
the federal government (SYNAR) will not allow underage purchasers under
the age of sixteen to be used to conduct compliance checks. Please ensure
that the officers assigned to conduct the compliance checks do not work with
an underage purchaser younger than age of sixteen. If utilizing multiple
underage purchasers to perform compliance checks, please ensure that a
representative mix of 16, 17, 18, 19 and 20 year old underage purchasers are
used when feasible.
Page 2 of 8
5.1.4 Routine Enforcement. In addition to conducting compliance checks, the
Department agrees to regularly enforce underage tobacco, alternative nicotine
and vapor product laws by ticketing underage offenders.
5.1.5 Civil Proceedings. The Department shall cooperate with city, county, and
state prosecutors if civil permit proceedings are initiated against a tobacco,
alternative nicotine, and vapor product permit holder. The Department shall
also cooperate in proceedings against cited clerks and underage persons.
Cooperation shall include, but not be limited to, sharing investigative reports
and copies of issued citations, as well as providing witness statements and
testimony.
5.1.6 Compliance Reports. The Department shall provide monthly reports to IDR in
the manner prescribed by IDR.
5.1.7 Miscellaneous. The Department shall be responsible for the day-to-day
administration of its tobacco, alternative nicotine, and vapor product
enforcement activities. The Department shall provide all office space,
equipment, and personnel necessary to conduct tobacco, alternative nicotine,
and vapor product enforcement activities under the Agreement. The
Department is solely responsible for the selection, hiring, disciplining, firing,
and compensation of its officers.
5.2 Responsibilities of ]DR.
5.2.1 Enforcement Guidance. IDR shall provide guidance on tobacco, alternative
nicotine, and vapor product enforcement to the Department, if needed, and
cooperate with the Department in the performance of the Agreement.
5.2.2 Payment. IDR shall pay the Department in the manner described in Section 6
of this Agreement.
5.2.3 Cooperation, If IDR believes that any officer of the Department fails to perform
duties in a manner that is consistent with the Agreement, IDR shall notify the
Department. The Department shall then take such action as necessary to
investigate and, if appropriate, discipline or reassign the officer away from
tobacco, alternative nicotine, and vapor product enforcement activities. IDR
shall have no authority to discipline or reassign an officer, except that IDR shall
have the authority to stipulate that a particular officer not be assigned to provide
services under the Agreement.
5.2.4 Insurance, Benefits, and Compensation. IDR shall not provide for, nor pay,
any employment costs of the Department's officers including, but not limited to,
worker's compensation, unemployment insurance, health insurance, life
insurance, and any other benefits or compensation, nor make any payroll
payments with respect to the Department's officers. IDR shall have no liability
whatsoever for all such employment costs or other expenses relating to, or for
the benefit of, the Department's officers.
SECTION 6. PAYMENT TO DEPARTMENT.
6.1 Method of Payment. In consideration for providing the services required by the
Agreement, the Department shall be paid on a flat fee basis of seventy-five dollars
($75) per reported compliance check. The flat fee payment for each compliance check
constitutes the full and exclusive remuneration for the compliance checks. For
example, compensation of underage purchasers is the sole responsibility of the
Department and is to be paid from the flat fee payment.
Page 3of8
6.2 Eligible Claims. Compliance checks that are conducted on or after October 1, 2024
are eligible for payment provided that the results are reported in accordance with
Section 5, Any compliance checks that were funded by a non -departmental entity are
not eligible for payment.
6.3 Allocations. The costs of the services referred to in Section 6.1 shall be allocated as
follows:
6.3.1 Sole Activity. Money paid to the Department, pursuant to the Agreement,
shall be used to fund overtime of full- or part-time peace officer positions solely
for tobacco, alternative nicotine and vapor product enforcement activities
described in the Agreement. Money also shall be used for compensation, if
any, of underage purchasers. In addition, the Department may use money paid
pursuant to the Agreement for reasonable Department expenditures, including,
but not limited to, officer training and equipment, provided that such
expenditures do not impair the Department's ability to perform tobacco,
alternative nicotine and vapor product enforcement activities.
6.4 Payment in Arrears. ]DR shall verify the Department's performance and compliance
with this Agreement before making payment. IDR shall pay all approved invoices in
arrears and in conformance with Iowa Code section 8A.514. IDR may pay in less than
sixty (60) days, but an election to pay in less than sixty (60) days shall not act as an
implied waiver of Iowa Code section 8A.514. Unless otherwise agreed in writing by
the Parties, the Department shall not be entitled to receive any other payment or
compensation from 1DR or the State of Iowa for any Compliance Checks not compliant
with this Agreement. The Department shall be solely responsible for paying all costs,
expenses, and charges it incurs in connection with its performance under this
Agreement.
SECTION 7. ADMINISTRATION OF AGREEMENT. IDR and the Department shall jointly
administer the Agreement.
SECTION 8. NO SEPARATE ADMINISTRATIVE ENTITY. No new or separate legal or
administrative entity is created by the Agreement.
SECTION 9. NO PROPERTY ACQUIRED. IDR and the Department, in connection with the
performance of the Agreement, shall acquire no real or personal property.
SECTION 10. TERMINATION.
10.1 Termination for Convenience. Following twenty (20) days written notice, either party
may terminate the Agreement, in whole or in part, for convenience without the payment
of any penalty or incurring any further obligation to the non -terminating party.
Following termination for convenience, the non -terminating party shall be entitled to
compensation, upon submission of invoices and proper proof of claim, for services
provided under the Agreement to the terminating party up to and including the date of
termination.
10.2 Termination Due to Lack of Funds or Change In the Law. Notwithstanding anything
in this Agreement to the contrary, and subject to the limitations set forth below; IDR
shall have the right to terminate this Agreement without penalty and without any
advance notice as a result of any of the following:
Page 4of8
10.2.1 The legislature or governor fail in the sole opinion of ]DR to appropriate funds
sufficient to allow IDR to either meet its obligations under this Agreement or
to operate as required and to fulfill its obligations under this Agreement;
10.2.2 If funds are de -appropriated, reduced, not allocated, or receipt of funds is
delayed, or if any funds or revenues needed by ]DR to make any payment
hereunder are insufficient or unavailable for any other reason as determined
by IDR in its sole discretion;
10.2.3 If IDR's authorization to conduct its business or engage in activities or
operations related to the subject matter of this Agreement is withdrawn or
materially altered or modified;
10.2.4 If 1DR's duties, programs or responsibilities are modified or materially altered;
10.2.5 If there is a decision of any court, administrative law judge, or an arbitration
panel cr any law, rule, regulation, or order is enacted, promulgated, or issued
that materially or adversely affects IDR's ability to fulfill any of its obligations
under this Agreement. IDR shall provide the Department with written notice
of termination pursuant to this section.
10.3 Termination for Cause. The occurrence of any one or more of the following events
shall constitute cause for any party to declare another party in default of its obligations
under the Agreement,
10.3.1 Failure to observe and perform any covenant, condition or obligation created
by the Agreement;
10.3.2 Failure to make substantial and timely progress toward performance of the
Agreement;
10.3.3 Failure of the party's work product and services to conform with any
specifications noted herein;
10.3.4 Infringement of any patent, trademark, copyright, trade dress or any other
intellectual property right.
10.4 Notice of Default. If there occurs a default event under Section 10.3, the non -
defaulting party shall provide written notice to the defaulting party requesting that the
breach or noncompliance be immediately remedied. In the event that the breach or
noncompliance continues to be evidenced ten days beyond the date specified in the
written notice, the non -defaulting party may either:
10.4.1 Immediately terminate the Agreement without additional written notice; or,
10.4.2 Enforce the terms and conditions of the Agreement and seek any available
legal or equitable remedies.
SECTION 11. CONTACT PERSON. At the time of execution of the Agreement, each party
shall designate, in writing, a Contact Person to serve until the expiration of the Agreement or
the designation of a substitute Contact Person. During the term of the Agreement, each
Contact Person shall be available to meet, as otherwise mutually agreed, to plan the services
being provided under the Agreement.
SECTION 12. CONTRACT ADMINISTRATION.
12.1 Amendments. The Agreement may be amended in writing from time to time by mutual
consent of the parties. All amendments to the Agreement must be fully executed by
the parties.
12.2 Third Party Beneficiaries. There are no third party beneficiaries to the Agreement.
The Agreement is intended only to benefit IDR and the Department.
Page 5 of 8
12.3 Choice of Law and Forum. The laws of the State of Iowa shall govern and determine
all matters arising out of or in connection with this Agreement without regard to the
conflict of law provisions of Iowa law. Any and all Iltigation commenced in connection
with this Agreement shall be brought and maintained solely in Polk County District
Court for the State of Iowa, Des Moines, Iowa, or in the United States District Court
for the Southem District of Iowa, Central Division, Des Moines, Iowa, wherever
jurisdiction is appropriate. This provision shall not be construed as waiving any
immunity to suit or liability including without limitation sovereign immunity in State or
Federal court, which may be available to IDR or the State of Iowa.
12.4 Assignment and Delegation. The Agreement may not be assigned, transferred, or
conveyed in whole or in part without the prior written consent of the other party.
12.5 Integration. The Agreement represents the entire Agreement between the parties and
neither party is relying on any representation that may have been made which is not
included in the Agreement.
12.6 Headings or Captions, The paragraph headings or captions are for identification
purposes only and do not limit nor construe the contents of the paragraphs.
12.7 Not a Joint Venture. Nothing in the Agreement shall be construed as creating or
constituting the relationship of a partnership, joint venture, association of any kind or
agent and principal relationship between the parties. Each party shall be deemed an
independent contractor acting toward the expected mutual benefits. No party, unless
otherwise specifically provided for herein, has the authority to enter into any contract
or create an obligation or liability on behalf of, in the name of, or binding upon the other
party to the Agreement.
12.8 Supersedes Former Agreements. The Agreement supersedes all prior Agreements
between [DR and the Department for the services provided in connection with the
Agreement.
12.9 Waiver. Except as specifically provided for in a waiver signed by duly authorized
representatives of IDR and the Department, failure by any party at any time to require
performance by the other party or to claim a breach of any provision of the Agreement
shall not be construed as affecting any subsequent breach, the right to require
performance with respect thereto, or to claim a breach with respect thereto,
12.10 Notices. Any and all notices, designations, consents, offers, acceptances, or any
other communication provided for herein shall be given in writing by a reliable carrier
which shall be addressed to the person listed below at the address specified. From
time to time, the Parties may change the name and address of an individual
designated to receive notice. Such change of the designated person shall be in writing
to the other Party and as provided herein. Such change shall not require an
amendment to this Agreement. Each such notice shall be deemed to have been
provided:
12.10.1 At the time it is actually received; or,
12.10.2 Within one day in the case of overnight hand delivery, courier or services
such as Federal Express with guaranteed next day delivery; or,
12.10.3 Within five (5) days after it is deposited in the U.S. Mail in the case of
registered U.S, Mail.
Party: OR
Name: Jessica Ekman
Title; I -PLEDGE Tobacco Program Coordinator
Address; 1918 SE Hulsizer Road
Page 6 of 8
City, State Zip Code Ankeny, Iowa 50021
Phone Number: (515) 281-7434
E-mail Address jessica.ekman@iowa.gov
Party: The Department
Name: Dustin Liston
Title: Chief
Address: 410 E. Washington Street
City, State Zip Code Iowa City,lowa 52240
Phone Number: 319-356-5275
E-mail Address dustin-liston@iowa-city.org
12.11 Cumulative Rights. The various rights, powers, options, elections and remedies of
any party provided in the Agreement, shall be construed as cumulative and not one of
them is exclusive of the others or exclusive of any rights, remedies, or priorities
allowed any party by law, and shall in no way affect or impair the right of any party to
pursue any other equitable or legal remedy to which any party may be entitled as long
as any default remains in any way un-remedied, unsatisfied, or un-discharged.
12.12 Severability. If any provision of the Agreement is determined by a court of competent
jurisdiction to be invalid or unenforceable, such determination shall not affect the
validity or enforceability of any other part or provision of the Agreement.
12.13 Time is of the Essence. Time is of the essence with respect to the performance of
the terms of the Agreement.
12.14 Authorization. Each party to the Agreement represents and warrants to the other that:
12.14.1 It has the right, power, and authority to enter into and perform its obligations
under the Agreement.
12.14.2 It has taken all requisite action (corporate, statutory or otherwise) to approve
execution, delivery, and performance of the Agreement, and the Agreement
constitutes a legal, valid, and binding obligation upon itself in accordance with
its terms.
12.15 Successors in Interest. All the terms, provisions, and conditions of the Agreement
shall be binding upon and inure to the benefit of the parties hereto and their respective
successors, assigns, and legal representatives.
12.16 Record Retention and Access. The Department shall maintain accurate, current,
and complete records of the financial activity of this Agreement which sufficiently and
properly document and calculate all charges billed to IDR throughout the term of this
Agreement and for a period of at least three years following the date of final payment
or completion of any required audit (whichever is later). If any litigation, claim,
negotiation, audit, or other action involving the records has been started before the
expiration of the three-year period, the records must be retained until completion of
the action and resolution of all issues which arise from it, or until the end of the regular
three-year period, whichever is later. The Department shall permit IDR, the Auditor of
the State, or any other authorized representative of the State and, where federal funds
are involved, the Comptroller General of the United States or any other authorized
representative of the United States government, to access and examine, audit,
excerpt, and transcribe any directly pertinent books, documents, papers, electronically
or optically stored and created records, or other records of the Department relating to
invoices or payments or any other documentation or materials pertaining to this
Page 7 of 8
Agreement, wherever such records may be located. The Department shall not impose
a charge for audit or examination of the Department's books and records. Based on
the audit findings, IDR reserves the right to address the Contractor's board or other
managing entity regarding performance and expenditures.
12.17 Addltionat Provisions. The parties agree that any Addendum, Rider, or Exhibit,
attached hereto by the parties, shall be deemed incorporated herein by reference.
12.18 Further Assurances and Corrective instruments. The parties agree that they shall,
from time to time, execute, acknowledge, and deliver, or cause to be executed,
acknowledged, and delivered, such supplements hereto and such further instruments
as may reasonably be required for carrying out the expressed intention of the
Agreement.
SECTION 13. EXECUTION.
IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for
other good and valuable consideration, the receipt, adequacy and legal sufficiency of which
are hereby acknowledged, the parties have entered into the Agreement and have caused
their duly authorized representatives to execute the Agreement.
Iowa Department of Revenue I 1 Iowa City
Darina
Petkova
Signature
Name:
Digita0y signed by
Darin Petkova
Date 2025.01.17
08:01:25-06*00'
Date Signature j
_ - -- I I Title:
Page 8 of 8
C/ f
City Attorneys Office
Date tlJ/Z
Item Number: 7.d.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
December 10, 2024
Resolution approving eligibility for a tax exemption on an improvement project on commercial
property located at 2325 Naples Avenue SW, Iowa City, Iowa, pursuant to the Highway
Commercial Urban Revitalization Plan.
Prepared By: Rachel Kilburg Varley, Economic Development Coordinator
Reviewed By: Geoff Fruin, City Manager
Eric Bigley, Assistant City Attorney
Fiscal Impact: 100% tax exemption on the new value added for a period
of three years, subject to the determination of eligibility by
the City Assessor.
Staff Recommendation: Approval
Commission Recommendations: N/A
Attachments: Resolution
2325 Naples Ave Application - Highway Commercial Urban Revitalization Tax
Exempt
Naples Min Assess Agreement
Executive Summary:
In spring of 2021, City Council adopted the Highway Commercial Urban Revitalization Plan
which allows for tax abatement on the improvement value of commercial property if that
improvement adds at least 15% in new taxable value to the property. The property owner of
2325 Naples Avenue SW completed construction of a new 6,400sf steel frame building in
June 2024. The property owner has applied for City Council approval of these improvements
so that it may be eligible for the 3-year property tax abatement allowed under the Plan.
Background / Analysis:
The Highway Commercial Urban Revitalization Plan was adopt ed to encourage the
revitalization of commercial activity in the Revitalization Area by creating property tax
incentives to reinvest in non-residential commercial activities through rehabilitation, additions
or new construction. The Area is along the highway corridors, not typically incentivized
through urban renewal efforts such as TIF. Eligible applications for tax abatement receive a
100% tax abatement on the new value created for 3 years, after which the full property tax bill
will ensue. The goal of the program was to spur reinvestment in older building stock and new
construction while incentivizing property owners and building the tax base. Property owners
will still pay property taxes on land value and any building value prior to the improvement.
Eligible projects must be approved by the City Council. Matt Leighton, owner of 2325 Naples
Ave SW, is seeking approval of his project which constructed a 6,400sf steel frame building
to house martial arts business Citadel BJJ, LLC.
The actual project cost totaled $865,096 and will receive a 3-year 100% tax exemption only
on any new value of the building generated by the improvements. The exemption remains
subject to the determination by the City Assessor that the improvements increased the real
estate value by at least 15% and constitute "Qualified Real Estate" as defined in the Plan.
However, the Minimum Assessment Agreement, as required by State law for any commercial
property seeking tax abatement, sets the minimum actual value at no less than $1,020,750,
including $330,750 for the land and $690,000 for the building improvements. The property
owner will still be responsible for property taxes on the land value for those 3 years, and after
3 years, will pay full taxes on both land and improvements.
-j J
Prepared by: Rachel Kilburg Varley, Econ. Development Coordinator, 410 E. Washington St, Iowa City, IA 52240
(319)356-5248
Resolution No. 24-292
Resolution approving eligibility for a tax exemption on an improvement
project on commercial property located at 2325 Naples Avenue SW, Iowa
City, Iowa, pursuant to the Highway Commercial Urban Revitalization Plan.
Whereas, the City has adopted the Highway Commercial Urban Revitalization Plan, pursuant to
Chapter 404 of the Code of Iowa, designating the Highway Commercial Urban Revitalization Area
("Revitalization Area") as an economic development area appropriate for commercial and
industrial enterprises; (Resolution 21-106, passed April 20, 2021, and recorded in Book 6213,
Page 179-230 of the records of the Johnson County, Iowa Recorder); and
Whereas, the primary objective of the Plan is to encourage the revitalization of commercial activity
in the Revitalization Area by creating a property tax exemption incentive to reinvest in non-
residential commercial activities through rehabilitation, additions or new construction; and
Whereas, the Plan allows for a three year property tax exemption on actual valued added to
Qualified Real Estate by Eligible Improvements that result in at least a 15% increase in the actual
value of the real estate, as defined and detailed in the Plan; and
Whereas, pursuant to the Plan, an application shall be filed for each new exemption claimed and
be approved by the City Council; and
Whereas, Matt Leighton (Owner) is the owner of commercial property locally known as 2325
Naples Avenue SW, located within the Highway Commercial Urban Revitalization Area, upon
which Owner will construct a 6,400sf steel frame building to serve martial arts business Citadel
BJJ, LLC; and
Whereas, the actual cost of the improvement project is $865,096, with the project completed in
June 2024 and fully assessed as of January 1, 2025; and
Whereas, Owner and the City of Iowa City have entered into a Minimum Assessment Agreement
providing that upon substantial completion of the Eligible Improvements, the Minimum Actual
Value fixed for assessment purposes for the Eligible Improvements and the Property (building
and land value) in the aggregate shall be not less than $1,020,750, before rollback, including a
minimum assessment of $690,000 on the improvements (land value not included).
Whereas, this property is not located within an Urban Renewal Area and has not received either
direct or indirect benefits financed through a tax increment financing program.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
Section 1. The improvement project described in the attached application is in
conformance with the Highway Commercial Urban Revitalization Plan and Iowa Code Chapter
404, is located within the Revitalization Area, and the improvements will be completed while the
Revitalization Area was so designated. The improvements described in the application are
Resolution No. 24-292
Page 2
hereby approved as being eligible for a tax exemption under said Plan subject to the physical
review of the property and determination by the City Assessor that the completed project
increases the value of the real estate by at least the requisite 15% in accordance with the
Minimum Assessment Agreement and constitutes Qualified Real Estate, as defined in and
required by the Plan and Iowa Code Chapter 404.
Section 2. The attached Minimum Assessment Agreement for 2325 Naples Avenue SW
is hereby approved in substance, and the Mayor is hereby authorized to execute and the City
Clerk to attest to said Agreement.
Section 3. The City Clerk shall forward a certified copy of this resolution to the City
Assessor by March 1, 2025, indicating that the Plan authorizes all Qualified Real Estate to be
eligible to receive a one hundred percent exemption from taxation on the actual value added by
the improvements for a period of three years, all as indicated in Iowa Code Section 404.3(3) and
the Plan.
Passed and approved this loth day of December , 2024
f
M&y6r
Attest:
City Clerk /
Approved: G .
City Att hey — 12/05/2024
It was moved by Bergus and seconded by sa i ; h 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
MINIMUM ASSESSMENT AGREEMENT
THIS MINIMUM ASSESSMENT AGREEMENT ("Minimum Assessment Agreement" or
"Assessment Agreement") is dated as of December 10 2024, by and between the CITY
OF IOWA CITY, Iowa (the "City"), an Iowa municipal corporation; MATT LEIGHTON,
PROPERTY OWNER OF 2325 NAPLES AVENUE SW, IOWA CITY, IOWA 52240 ("Owner");
and the CITY ASSESSOR of the City of Iowa City ("Assessor")
Whereas, consistent with the provisions of the City's Highway Commercial Urban Revitalization
Plan (the "Plan"), the Owner has submitted an Application for Tax Exemption dated as of
November 18, 2024 (the 'Application) regarding certain commercial real estate owned by
Owner and located in the Highway Commercial Revitalization Area, which real estate is legally
described as follows:
Lot 7, MWD Davis Addition, Iowa City, Iowa according to the plat thereof recorded in Book
49, Page 322, Records of Johnson County, Iowa;
(the "Property");
Whereas, the Application describes certain improvements that have been or are proposed to be
constructed on the Property (the "Eligible Improvements"); and
Whereas, pursuant to Iowa Code Section 404.3C, the City and Owner desire to establish a
Minimum Actual Value for the Eligible Improvements and Property following completion of the
Eligible Improvements for the duration of the tax exemption requested by the Owner by
submission of the Application, under the provisions of the Plan; and
Whereas, the Iowa City Assessor has reviewed the preliminary plans and specifications for the
Eligible Improvements that are contemplated to be constructed.
Now, therefore, the parties to this Minimum Assessment Agreement, in consideration of the
promises, covenants and agreements made by each other, do hereby agree as follows:
1. Upon substantial completion of construction of the Eligible Improvements, but in
no event later than January 1 of the first full Assessment Year after construction improvements
have been completed, the Minimum Actual Value fixed for assessment purposes for the Eligible
Improvements and the Property (building and land value) in the aggregate shall be not less than
$1,020,750, before rollback, including a minimum assessment of $690,000 on the improvements
(land value not included).
The Minimum Actual Value shall terminate and be of no further force or effect as of
December 31 three years after the first Assessment Year this Minimum Assessment Agreement
takes effect ("Assessment Termination Date"). Upon the Assessment Termination Date, this
Minimum Assessment Agreement shall no longer control the assessment of the Property.
2. This Minimum Assessment Agreement shall be promptly recorded by the City with
the Recorder of Johnson County, Iowa. Such filing shall constitute notice to any subsequent
encumbrancer of the Property (or part thereof), whether voluntary or involuntary, and this
Minimum Assessment Agreement shall be binding and enforceable in its entirety against any
such subsequent encumbrancer, including the holder of any mortgage. Owner shall pay all
costs of recording.
3. This Minimum Assessment Agreement shall be binding upon and inure to the
benefit of and be enforceable by the parties hereto and their respective successors and
permitted assigns.
4. Nothing herein shall be deemed to prohibit the City Assessor from assigning a
higher actual value to the Eligible Improvements and the Property, nor to waive the rights of
Owner from seeking administrative or legal remedies to reduce the actual value assignment
made by the Assessor in excess of the Minimum Actual Value established herein. In no event,
however, shall Owner seek to reduce the actual value to an amount below the Minimum Actual
Value established herein during the term of this Agreement. This Minimum Assessment
Agreement may be amended or modified and any of its terms, covenants, representations,
warranties or conditions waived, only by a written instrument executed by the parties hereto, or
in the case of a waiver, by the party waiving compliance.
5. If any term, condition or provision of this Minimum Assessment Agreement is for
any reason held to be illegal, invalid or inoperable, such illegality, invalidity or inoperability shall
not affect the remainder hereof, which shall at the time be construed and enforced as if such
illegal or invalid or inoperable portion were not contained herein.
6. The Minimum Actual Value herein established shall be of no further force and
effect and this Minimum Assessment Agreement shall terminate pursuant to the Assessment
Termination Date set forth in Section 1 above.
(Signature pages follow)
CITY OF IOWA CITY, IOWA
,ua
By;
'--truce Teague, Mayor
ATTEST:
By: 4 / ae�
Kellie Grace, City Clerk
CITY OF IOWA CITY ACKNOWLEDGEMENT
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
On this 10th day of December , 2024, before me a Notary Public
in and for said State, personally appeared Bruce Teague and Kellie Grace, to me personally
known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the
City of Iowa City, Iowa, a Municipality created and existing under the laws of the State of Iowa,
and that the seal affixed to the foregoing instrument is the seal of said Municipality, and that said
instrument was signed and sealed on behalf of said Municipality by authority and resolution of its
City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and
deed of said Municipality by it voluntarily executed.
L&A". lml�"
Notary Public in and Tor the Stat Iowa
,� CONNIE MCCURDY
= Commission Number 855110
*�OIMA My Commission Expires
April 04, 2027
PROPERTY OWNER
Matt Leighton, OWNER
BY:
OWNER ACKNOWLEDGEMENT
STATE OF 1 U tjk )
COUNTY OF -UTA-S Cr"A )SS
This record was acknowledged before me on this day of kun6e—f ,
2024, by PI ct4--f L,,e— i(�� , as the OWNER of the PROPERTY, on behalf of whom
the record was executed.
Notary Public in and for said state
Q1A( ADAM MCAFEE
o� Commission Number 777293
M Comji � {qn
lOWP oL d�
CERTIFICATION OF ASSESSOR
The undersigned, having reviewed the plans and specifications for the Eligible
Improvements to be constructed, and being of the opinion that the minimum actual value
contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby
certifies as follows:
The undersigned Assessor, being legal[y responsible for the assessment of the above
described property upon completion of the [mprovement to be made on it, certifies that the actual
value assigned to that land and improvements upon completion shall be not less than
$1,020,750, Of this amount, $330,750 is determined to be the value of the land and $690,000
the value of the buildings thereon until terminatip-m-of th[s Minimum Assessment Agreement
pursuant to the terms hereof. r
i
Iowa City Assessor
Date
STATE OF IOWA }
} SS
COUNTY OF [COUNTY] }
Subscribed and sworn to before me by L��► ,Iowa City Assessor, on
this,3 r' "day of —D-ew F , 20�.
Notary Public for the State of Iowa
r►=~
Commlasion Number
CA%Pt)y3
8
Consistent with Iowa Code §404.3C, a copy of Iowa Code §404.3C is attached, as follows:
1.For revitalization areas established under this chapter on or after the effective date of this division of this Act and for
first -year exemption applications for property located in a revitalization area in existence on the effective date of this
division of this Act filed on or after the effective date of this division of this Act, commercial property shall not receive a
tax exemption under this chapter unless the city or county, as applicable, and the owner of the qualified real estate
enter Into a written assessment agreement specifying a minimum actual value until a specified termination date for the
duration of the exemption period.
2. a. The assessment agreement shall be presented to the appropriate assessor. The assessor shall review the plans
and specifications for the improvements to be made to the property and If the minimum actual value contained in the
assessment agreement appears to be reasonable, the assessor shall execute the following certification upon the
agreement:
The undersigned assessor, being legally responsible for the assessment of the above described property upon
completion of the improvements to be made on it, certifies that the actual value assigned to that land and improvements
upon completion shall not be less than$ ......•••
b. The assessment agreement with the certification of the assessor and a copy of this subsection shall be filed in the
office of the county recorder of the county where the property is located. Upon completion of the improvements, the
assessor shall value the property as required by law, except that the actual value shall not be less than the minimum
actual value contained in the assessment agreement. This subsection does not prohibit the assessor from assigning a
higher actual value to the property or prohibit the owner from seeking administrative or legal remedies to reduce the
actual value assigned except that the actual value shall not be reduced below the minimum actual value contained in
the assessment agreement. An assessor, county auditor, board of review, director of revenue, or court of this state
shall not reduce or order the reduction of the actual value below the minimum actual value in the agreement during the
term of the agreement regardless of the actual value which may result from the incomplete construction of
improvements, destruction or diminution by any cause, Insured or uninsured, except in the case of acquisition or
reacquisition of the property by a public entity. Recording of an assessment agreement complying with this subsection
constitutes notice of the assessment agreement to a subsequent purchaser or encumbrancer of the land or any part of
It, whether voluntary or involuntary, and is binding upon a subsequent purchaser or encumbrancer.
02217327-1199500-009
Application Date
11 /18/2024
Owner Information
Name*
Matt Leighton
Address*
Street Address
2325 Naples Ave SW
Address Line 2
City
State / Province / Region
Iowa City
Iowa
Postal / Zip Code
Country
52240
USA
Email*
mattwleighton@gmail.com
Phone
773-726-3123
Tenant Information
Name*
Citadel BJJ LLC
Address*
Street Address
2325 Naples Ave SW
Address Line 2
City
State / Province / Region
Iowa City
Iowa
Postal / Zip Code
Country
52240
USA
Email*
citadelbjj@gmail.com
Phone
3198558110
Will this tenant be required to vacate the premises during the project?*
QQ Yes 0No
Will this tenant return to the property upon completion of the project?*
OQ Yes 0No
Project Information
Address of Property Seeking Exemption*
Street Address
2325 Naples Ave SW
Address Line 2
C ity
Iowa City
Postal / Zip Code
52240
Estimated or actual project start date*
1 /1 /2024
Estimated or actual date of completion:
6/28/2024
Estimated or actual cost of improvements*
$ 865,096.00
Have you obtained building permits?*
QYes 0No
State / Province / Region
Iowa
Country
USA
Applicants must obtain all necessary permits and ensure all inspections are conducted and passed. If your project is complete, all permits must have a
passing final inspection. If you have questions on building permits, please call Building Services at 319-356-5122.
Building Improvements*
Please describe project in general
Constructed 6400 sq ft steel frame building to house martial arts business Citadel BJJ LLC.
Please check any of these specific energy efficiency measures you are making
❑ LEED (Leadership in Energy and Environmental Design) construction
❑ Investment in renewable energy (e.g., solar, wind geothermal)
r] Use of electric appliances and equipment in lieu of natural gas where possible
Please describe any other energy efficiency improvements that you will be making
I certify that all information in this application is true and complete to the best of my knowledge, and that I have read and understand the
Highway Commercial Revitalization Plan*
Q Acknowledge
Signature*
Item Number: 7.e.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
December 10, 2024
Resolution Declaring an Official Intent Under Treasury Regulation 1.150-2 to Issue Debt to
Reimburse the City for Certain Original Expenditures Paid in Connection with Specified
Projects.
Prepared By:
Reviewed By:
Fiscal Impact:
Staff Recommendation
Commission Recommendations
Attachments: Resolution
Nicole Davies, Finance Director
Geoff Fruin, City Manager
None
Approval
N/A
Executive Summary:
This agenda item approves incurring expenses prior to the closing of the 2025 GO Bond
issue for the Fire Station #1 Improvements Project.
Background / Analysis:
The current 5 year Capital Improvement Plan includes $710,000 for improvements to Fire
Station #1. This project is important in helping to meet the needs of current employees at Fire
Station #1 by providing private sleeping space and constructing non -gender specific showers
and restrooms. This project is intended to be funded by a GO Bond that is anticipated will be
issued in the Spring of 2025. This resolution will allow the City to use cash on hand to pay for
the equipment and any construction that has occurred prior to the closing of the Bond and to
be reimbursed by those proceeds.
e 0
December 10 .2024
The City Council of the City of Iowa City, State of Iowa, met in regular
session, in City Hall, 410 E. Washington, Iowa City, Iowa, at 6 : 00 o'clock P.M., on the
above date. There were present Mayor Teague , in the chair, and the following named
Council Members:
Bergus, Dunn, Harmsen, Moe, Salih,'Teague
Absent: Alter
Vacant: None
- 1 -
Council Member Bergus introduced the following Resolution
entitled "Resolution Declaring an Official Intent Under Treasury Regulation 1.150-2 to Issue
Debt to Reimburse the City for Certain Original Expenditures Paid in Connection with Specified
Projects" and moved that it be adopted. Council Member Salih seconded
the motion to adopt, and the roll being called thereon, the vote was as follows:
Ayes
Bergus, Dunn, Harmsen, Moe, Salih, Teague
Nays: None
Absent: Alter
Whereupon, the Mayor declared the Resolution duly adopted as follows:
Resolution No. 24-293
Resolution Declaring an Official Intent Under Treasury
Regulation 1.150-2 to Issue Debt to Reimburse the City for
Certain Original Expenditures Paid in Connection with
Specified Projects
Whereas, the City anticipates making cash expenditures for one or more capital
improvement projects, generally described below (each of which shall hereinafter be referred to
as a "Project"); and
Whereas, the City reasonably expects to issue debt to reimburse the costs of a Project;
and
Whereas, the Council believes it is consistent with the City's budgetary and financial
circumstances to issue this declaration of official intent.
Now, Therefore, Be It Resolved By the City Council of the City of Iowa City, State of
Iowa:
Section 1. That this Resolution be and does hereby serve as a declaration of official intent
under Treasury Regulation 1.150-2.
Section 2. That it is reasonably expected that capital expenditures will be made in respect
of the following Project(s), from time to time and in such amounts as this Council determines to
be necessary or desirable under the circumstances then and there existing.
Section 3. That the City reasonably expects to reimburse all or a portion of the following
expenditures with the proceeds of bonds, notes or other indebtedness to be issued or incurred by
the City in the future.
-2-
Section 4. That the total estimated costs of the Project(s), the maximum principal amount
of the bonds, notes or other indebtedness to be issued for the foregoing Project(s) and the
estimated dates of completion of the Project(s) are reasonably expected to be as follows:
Fund from which
original
Project expenditures are to
be Advanced
Fire Station #1 Governmental
improvements Capital Projects
Fund
Total
Estimated
Cost
$710,000
Amount of
Borrowing Estimated
Anticipated Date of
Completion
$710,000 July 1, 2025
Section 5. That the City reasonably expects to reimburse the above -mentioned Project
costs not later than the later of eighteen months after the capital expenditures are paid or eighteen
months after the property is placed in service, but in no event more than three (3) years after the
original expenditure is paid.
Section 6. That this Resolution be maintained by the City Clerk in an Official Intent File
maintained in the office of the Clerk and available at all times for public inspection, subject to
such revisions as may be necessary.
Passed and Approved this
ATTEST:
City Clerk
loth day of December
Mayor
2024.
-3-
Certificate
State of Iowa )
) SS
County of Johnson )
I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify
that attached is a true and complete copy of the portion of the records of the City showing
proceedings of the Council, and the same is a true and complete copy of the action taken by the
Council with respect to the matter at the meeting held on the date indicated in the attachment,
which proceedings remain in full force and effect, and have not been amended or rescinded in
any way; that meeting and all action thereat was duly and publicly held in accordance with a
notice of meeting and tentative agenda, a copy of which was timely served on each member of
the Council and posted on a bulletin board or other prominent place easily accessible to the
public and clearly designated for that purpose at the principal office of the Council pursuant to
the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable
advance notice to the public and media at least twenty-four hours prior to the commencement of
the meeting as required by law and with members of the public present in attendance; I further
certify that the individuals named therein were on the date thereof duly and lawfully possessed of
their respective City offices as indicated therein, that no Council vacancy existed except as may
be stated in the proceedings, and that no controversy or litigation is pending, prayed or
threatened involving the incorporation, organization, existence or boundaries of the City or the
right of the individuals named therein as officers to their respective positions.
Witness my hand and the seal of the Council hereto affixed this 'day of
2024.
City Clerk, City of Iowa City, State of Iowa
(seal)
02402087\10714-115
Item Number: 7.f.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
December 10, 2024
Resolution accepting the work for the Mercer Park and City Park Court Renovation Project.
Prepared By: Ethan Yoder - Civil Engineer
Reviewed By: Jason Havel - City Engineer
Ron Knoche - Public Works Director
Geoff Fruin - City Manager
Fiscal Impact: None
Staff Recommendation: Approval
Commission Recommendations: N/A
Attachments: Engineer's Report
Resolution
Executive Summary:
Work on the project was recently completed by McComas Lacina Construction, LC of Iowa
City, Iowa, in substantial accordance with the plans and specifications. The Engineer's
Report and Performance and Payment bonds are on file with the City Clerk.
• Project Estimated Cost: $963,000.00
• Project Bid Received: $1,082,697.10
• Project Actual Cost: $1,132,457.12
There were two (2) change orders on this project, which included elevation changes to the
City Park court, moving an underground electrical line, additional sidewalk and soil work, and
lighting controls.
Background / Analysis:
The tennis court surfaces, fencing and practice walls in Mercer Park and City Park were
deteriorating and required renovation for continued use.
M
CITY OF IOWA CITY
UNESCO CITY OF LITERATURE
410 East Washington Strut
Iowa City, Iowa 52240-1826
(31 )) 356-5000
(31 a) 356-SO09 FAX
ENGINEER'S REPORT www,lc, ov.org
December 3, 2024
Re: Mercer Park and City Park Court Renovations Project
Dear City Clerk:
I hereby certify that the Mercer Park and City Park Court Renovations Project has been completed
by McComas Lacina Construction LC of Iowa City, Iowa, in substantial accordance with the plans
and specifications prepared by Hitchcock Design Group.
The project was bid as a unit price contract and the final contract price is $1,132,457.12.
There was a total of two (2) change or extra work orders for the project as described below:
1) Elevation changes to City Park court and new electrical line $37,916.40
2) Additional sidewalk soil work and lighting controls $11,843.62
TOTAL $49,760.02
I recommend that the above -referenced improvements be accepted by the City of Iowa City.
Sincerely,
Jason Havel, PE
City Engineer
Prepared by: Ethan Yoder, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145
Resolution No. 24-294
Resolution accepting the work for the Mercer Park and City Park
Court Renovation Project
Whereas, the Engineering Division has recommended that the work for construction of the Mercer
Park and City Park Court Renovation Project, as included in a contract between the City of Iowa
City and McComas Lacina Construction LC of Iowa City, Iowa, dated October 3, 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 Tennis Court Renovations account # R4391;
and
Whereas, the final contract price is $1,132,457.12.
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 loth day of December '2024
-
1
Mayfer
Approved by
Attest:
City Clerk City Attorn 's Office
(Sue Dulek—12/05/2024)
It was moved by Bergus and seconded by salih
adopted, and upon roll call there were:
Ayes:
Nays:
Absent:
x Alter
x
Bergus
x
Dunn
x
Harmsen
x
Moe
x
Salih
x
Teague
the Resolution be
Item Number: 7.g.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
December 10, 2024
Resolution authorizing acceptance of Solid Waste Infrastructure for Recycling (SWIFR) Grant
Program funds from the United States Environmental Protection Agency for the Compost Pad
Improvements Project and Compost Turner.
Prepared By: Jennifer Jordan - Resource Management Superintendent
Reviewed By: Ron Knoche - Public Works Director
Geoff Fruin - City Manager
Fiscal Impact: Funding is available in the Compost Pad Improvement
Project account #L3333 and the Compost Turner account
#L3347
Staff Recommendation: Approval
Attachments: Cooperative Agreement
Resolution
Executive Summary:
This agreement accepts the federal funding provided through the US Environmental
Protection Agency's (EPA) Solid Waste Infrastructure for Recycling (SWIFR) Grant Program.
The City applied for and received $4,000,000 in SWIFR funding through a Cooperative
Agreement to improve and expand the existing compost facility at the Iowa City Landfill and
Recycling Center and contribute to the purchase of a compost turner. Pursuant to the terms
of the agreement, the EPA agrees to provide the funding to the City for authorized and
approved costs for eligible items associated with the Compost Pad Improvements Project and
the purchase of a compost turner.
Background / Analysis:
The Compost Pad Improvement Project and compost turner purchase are expected to
support the following:
• Improvements to the surface of the current five -acre compost facility, including filling
multiple large pits in the working pad, to provide a more consistent, safer driving and
processing area.
• Expansion of the current facility to add two acres of additional processing space.
• The purchase of a compost turner.
This funding consists of two components: the compost pad improvements and expansion,
and a compost turner. The City currently processes about 15,000 tons of yard waste and food
waste annually from commercial and residential customers throughout the Landfill's service
area, which is comprised of Johnson County and the communities of Kalona and Riverside.
The facility is at capacity and the pad is in need of significant repair. CIP funds were allocated
through Project #L3333 for pad improvements in 2023. When the availability of SWIFR funds
was announced, staff delayed the project in hopes of receiving SWIFR funds for more
comprehensive improvements and a two -acre expansion. The improvements and expansion
will allow staff to process significantly more material, primarily food waste, that is currently
being landfilled.
In addition, separate CIP funds were allocated through Project #L3347 for a compost turner.
Currently, compost is turned with an endloader bucket, which is labor and fuel intensive. A
turner will allow for more efficient turning, more turns per month and faster overall materials
processing. These funds will support the purchase of a larger turner, which will contribute to
more efficient compost processing.
Between the expansion and the efficiencies with a larger compost turner, staff anticipates that
an additional 5,000 tons of food waste will be able to be processed, reducing greenhouse gas
emissions by over 100 metric tons of carbon dioxide equivalent annually. As part of the
agreement, staff will develop and execute outreach campaigns to restaurants and grocery
stores to divert food waste to this program and to potential compost users to increase the
demand for finished compost.
4Z - 96712301 - 0 Page 1
ED SrA�,
GRANT NUMBER (FAIN): 96712301
U.S. ENVIRONMENTAL
MODIFICATION NUMBER: 0
DATE OF AWARD
PROGRAM CODE: 4Z
09/24/2024
w
PROTECTION AGENCY
TYPE OF ACTION
MAILING DATE
a
New
09/27/2024
�FZrgC
Ec11
Cooperative Agreement
PAYMENT METHOD:
ACH#
PROT
ASAP
77895
RECIPIENT TYPE:
Send Payment Request to:
Municipal
Contact EPA RTPFC at: rtpfc-grants@epa.gov
RECIPIENT:
PAYEE:
CITY OF IOWA CITY
CITY OF IOWA CITY
410 E WASHINGTON ST
410 E WASHINGTON ST
FINANCE -REVENUE
FINANCE -REVENUE
IOWA CITY, IA 52240-1826
IOWA CITY, IA 52240-1826
EIN: 42-6004805
PROJECT MANAGER
EPA PROJECT OFFICER
EPA GRANT SPECIALIST
Jennifer Jordan
Kate Larberg
Ronda Krell
3900 Hebl Avenue SW
11201 Renner Boulevard, LCRD/BRRB/PPSM
Grants Management Office, MSD/RFMB/GRMS
IOWA CITY, IA 52246
Lenexa, KS 66219
11201 Renner Boulevard
Email: jejordan@iowa-city.org
Email: Iarberg.kate@epa.gov
Lenexa, KS 66219
Phone:319-887-6160
Phone:913-551-7273
Email: krell.ronda@epa.gov
Phone: 913-551-7531
PROJECT TITLE AND DESCRIPTION
Iowa City Compost Facility Improvements and Expansion
See Attachment 1 for project description.
BUDGET PERIOD
PROJECT PERIOD
TOTAL BUDGET PERIOD COST
TOTAL PROJECT PERIOD COST
10/01/2024 - 09/30/2027
10/01/2024 - 09/30/2027
$ 4,600,000.00
$ 4,600,000.00
NOTICE OF AWARD
Based on your Application dated 02/10/2023 including all modifications and amendments, the United States acting by and through the US Environmental
Protection Agency (EPA) hereby awards $ 4,000,000.00. EPA agrees to cost -share 86.96% of all approved budget period costs incurred, up to and not
exceeding total federal funding of $ 4,000,000.00. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry
out this award by either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with
the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions
specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the
EPA award or amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds
provided by this award/amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and
statutory provisions, all terms and conditions of this agreement and any attachments.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE)
AWARD APPROVAL OFFICE
ORGANIZATION / ADDRESS
ORGANIZATION / ADDRESS
U.S. EPA, Region 7, Grants Management Office
U.S. EPA, Region 7, Land, Chemical, and Redevelopment Division
11201 Renner Boulevard
R7 - Region 7
Lenexa, KS 66219
11201 Renner Boulevard
Lenexa, KS 66219
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
Digital signature applied by EPA Award Official Whitney Rawls - Grants Management Official
DATE
09/24/2024
4Z - 96712301 - 0 Page 2
EPA Funding Information
FUNDS
FORMER AWARD
THIS ACTION
AMENDED TOTAL
EPA Amount This Action
$ 0
$ 4,000,000
$ 4,000,000
EPA In -Kind Amount
$ 0
$ 0
$ 0
Unexpended Prior Year Balance
$ 0
$ 0
$ 0
Other Federal Funds
$ 0
$ 0
$ 0
Recipient Contribution
$ 0
$ 600,000
$ 600,000
State Contribution
$ 0
$ 0
$ 0
Local Contribution
$ 0
$ 0
$ 0
Other Contribution
$ 0
$ 0
$ 0
Allowable Project Cost
$ 0
$ 4,600,000
$ 4,600,000
Assistance Program (CFDA)
Statutory Authority
Regulatory Authority
66.920 - Solid Waste Infrastructure Financing -
Save Our Seas Act Grants
33 USC 4282 & Infrastructure Investment and Jobs
Act (I IJA) (PL 117-58)
2 CFR 200, 2 CFR 1500 and 40 CFR 33
Fiscal
Site Name
Req No
FY
Approp.
Code
Budget
Organization
Class Object
Site/Project
Organization
ObligationCost
Deobl gat n
2407RBX009
23
E1SD
07RB
00OD11X81
4183
$4,000,000
$ 4,000,000
4Z - 96712301 - 0 Page 3
Budget Summary Page
Table A - Object Class Category
(Non -Construction)
Total Approved Allowable
Budget Period Cost
1. Personnel
$ 0
2. Fringe Benefits
$ 0
3. Travel
$ 0
4. Equipment
$ 500,000
5. Supplies
$ 0
6. Contractual
$ 300,000
7. Construction
$ 3,800,000
8. Other
$ 0
9. Total Direct Charges
$ 4,600,000
10. Indirect Costs: 0.00 % Base
$ 0
11. Total (Share: Recipient 13.04 % Federal 86.96 %)
$ 4,600,000
12. Total Approved Assistance Amount
$ 4,000,000
13. Program Income
$ 289,000
14. Total EPA Amount Awarded This Action
$ 4,000,000
15. Total EPA Amount Awarded To Date
$ 4,000,000
4Z - 96712301 - 0 Page 4
Attachment 1 - Project Description
This agreement provides funding from the Infrastructure Investment and Jobs Act (IIJA). EPA's Solid
Waste Infrastructure for Recycling (SWIFR) grants for political subdivisions of states and territories will
fund activities that will result in a significant decrease in the generation of Municipal Solid Waste (MSW)
and/or an increase in the diversion of MSW from landfills and incineration, as well as fund innovative
solutions and programs that provide or increase access to prevention, reuse, mechanical recycling,
anaerobic digestion, and composting. The purpose of this award is to enhance the City of Iowa City's
efforts to meet the SWIFR grants elements. The City will majorly improve its existing five -acre compost
facility and add two acres to the site in order to facilitate more incoming organic materials. The City will
accomplish this by designing and building a two -acre expansion to the compost facility, resurfacing the
existing five acres, purchasing a compost windrow turner, increasing incoming organic material, and
expanding the market demand for compost. With the expansion of the facility, the City is expecting to
increase their capacity for processing food waste by 1,000 tons in 2026, 2,500 tons in 2027, and 5,000
tons annually starting in 2028 and continuing thereafter. As a result, the tons of material sold will
increase by 500 tons in 2026, 1,250 tons in 2027, and 2,500 tons annually starting in 2028 and
continuing thereafter. In order to accomplish this, the City is planning to increase the incoming material
by achieving a 50% participation rate of grocery stores and a 20% restaurant participation rate in the
service area by 2028. Additionally, the project is expected to reduce 115 MTCO2e in 2026, 289 MTCO2e
in 2027, and 573 MTCO2e annually starting in 2028 and continuing thereafter. Beneficiaries of the
project are expected to be residents of the City, community gardens, restaurants, and grocery stores.
There are currently no subrecipients.The activities to be performed are designing and building a two -acre
expansion to the compost facility, resurfacing the existing five acres, purchasing a compost windrow
turner, increasing incoming organic materials, and expanding market demand for compost. Designing
and building the expansion will be accomplished by awarding a contract though the City's formal process
to complete the facility design. A second contractor will be hired through another competition in order to
construct the facility. To purchase a windrow turner, the City will research windrow turner makes and
models, research opportunities for purchase via cooperative contracts, and then complete the purchase
of the equipment using their voluntary cost share. In order to increase the incoming organic material, the
City will plan to hire a full time Organics Coordinator pending City Counsel approval of a proposal for a
new staff member. Additionally, the City will design and implement an education and outreach plan for
incoming food waste and outgoing compost by researching other communities' outreach programs and
beginning outreach to grocery stores and restaurants. Furthermore, the City will design and implement a
drop-off location plan to increase incoming organic material. To expand the market demand for compost,
the City will begin USCC STA testing for the compost and will offer no -charge compost to City community
gardens.The anticipated deliverables include a final report and quarterly reports. The expected outcomes
include an increase of tons of organic materials received, a reduction in greenhouse gases, an increase
in the tons of material sold, and an increase in the number of community garden plots receiving no -cost
compost. There is an expected increase in incoming organic material of 1,000 tons in 2026, 2,500 tons in
2027, and 5,000 tons annually in 2028 and thereafter. Grocery store participation within the service area
is expected to be 50% by 2028. Restaurant participation within the service area is expected to be 20% by
2028. There is expected to be a greenhouse gas reduction of 115 MTCO2e in 2026, 289 MTCO2e in
2027, and 573 MTCO2e starting in 2028 and continuing thereafter. An increase in the tons of material
sold will increase by 500 tons in 2026, 1,250 tons in 2027, and 2,500 tons annually starting in 2028 and
continuing thereafter. Starting in 2025, 100% of community garden plots will receive no -cost compost.
The intended beneficiaries include residents utilizing curbside composting, renters utilizing drop-off
locations within the service area, grocery stores and restaurants within the service area, and community
gardens within the City.
4Z - 96712301 - 0 Page 5
No subawards are included in this assistance agreement.
Administrative Conditions
General Terms and Conditions
4Z - 96712301 - 0 Page 6
The recipient agrees to comply with the current EPA general terms and conditions available at: https://www.epa.aov/grants/epa-aeneral-
terms-and-cond itions-effect ive-october-1-2023-or- later
.
These terms and conditions are in addition to the assurances and certifications made as a part of the award and the terms, conditions, or
restrictions cited throughout the award.
The EPA repository for the general terms and conditions by year can be found at:.https://www.epa.aov/arants/orant-terms-and-.
conditions#aeneral.
A. Correspondence Condition
The terms and conditions of this agreement require the submittal of reports, specific requests for approval, or notifications to EPA. Unless
otherwise noted, all such correspondence should be sent to the following email addresses:
• Federal Financial Reports (SF-425): rtpfc-grants(a)epa.gov and R7Grants(a)epa.gov
• MBE/WBE reports (EPA Form 5700-52A): R7Grants(a)epa.gov
• DBE Fair Share Objectives: EPA Region Ts DBE FSO Coordinator, contact information found here
• Payment requests (if applicable): rtpfc-grants(a)epa.gov
All other forms/certifications/assurances, Indirect Cost Rate Agreements, Requests for Extensions of the Budget and Project
Period, Amendment Requests, Requests for other Prior Approvals, updates to recipient information (including email addresses,
changes in contact information or changes in authorized representatives) and other notifications: WGrants(@epa.gov
Requests for Extensions of the Budget and Project Period, Amendment Requests, Requests for other Prior Approvals, Quality
Assurance, workplan revisions, equipment lists, programmatic reports and deliverables: Email the Project Officer identified on
page 1 of this assistance agreement award document.
4Z - 96712301 - 0 Page 7
Programmatic Conditions
Grant -Specific Programmatic Terms and Conditions
A. PERFORMANCE REPORTING AND FINAL PERFORMANCE REPORT
Performance Reports — Content
In accordance with 2 CFR 200.329, the recipient agrees to submit performance reports that include brief information on each of the following
areas: 1) A comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for the
period; 2) The reasons why established outputs/outcomes were not met; and 3) Additional pertinent information, including, when
appropriate, analysis and explanation of cost overruns or high -unit costs.
Additionally, the recipient agrees to inform EPA as soon as problems, delays, or adverse conditions which will materially impair the ability to
meet the outputs/outcomes specified in the assistance agreement work plan are known.
(See Grants Policy Issuance 11-03 State Grant Workplans and Progress Reports for more information.)
Performance Reports - Frequency
The recipient agrees to submit annual performance reports electronically to the EPA Project Officer within 90 days after the annual reporting
period ends on 09/30/2026. The recipient must submit the final performance report no later than 120 calendar days after the end date of the
period of performance.
1. Quarterly performance reports are required, and they are to be submitted electronically to the EPA Project Officer within 30 days after
the reporting period (every three-month period). The reporting periods are:10/1/2024-12/31/2024, 01/01/2025-3/31/2025, 04/01/2025-
6/30/2025, 07/01 /2025-09/30/2025, 10/01 /2025-12/31 /2025, 01 /01 /2026-3/31 /2026, 04/01 /2026-6/30/2026, 07/01 /2026-09/30/2026,
10/01 /2026-12/31 /2026, 01 /01 /2027-3/31 /2027, 04/01 /2027-6/30/2027, 07/01 /2027-09/30/2027.
B. CYBERSECURITY CONDITION
Cybersecurity Grant Condition for Other Recipients, Including Intertribal Consortia
(a) The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by
following all applicable State or Tribal law cybersecurity requirements.
(b) (1) EPA must ensure that any connections between the recipient's network or information system and EPA networks used by the
recipient to transfer data under this agreement, are secure. For purposes of this Section, a connection is defined as a dedicated persistent
interface between an Agency IT system and an external IT system for the purpose of transferring information. Transitory, user -controlled
connections such as website browsing are excluded from this definition.
If the recipient's connections as defined above do not go through the Environmental Information Exchange Network or EPA's Central Data
Exchange, the recipient agrees to contact the EPA Project Officer (PO) no later than 90 days after the date of this award and work with the
designated Regional/Headquarters Information Security Officer to ensure that the connections meet EPA security requirements, including
entering into Interconnection Service Agreements as appropriate. This condition does not apply to manual entry of data by the recipient into
systems operated and used by EPA's regulatory programs for the submission of reporting and/or compliance data.
(2) The recipient agrees that any subawards it makes under this agreement will require the subrecipient to comply with the requirements in
(b)(1) if the subrecipient's network or information system is connected to EPA networks to transfer data to the Agency using systems other
than the Environmental Information Exchange Network or EPA's Central Data Exchange. The recipient will be in compliance with this
condition: by including this requirement in subaward agreements; and during subrecipient monitoring deemed necessary by the recipient
under 2 CFR 200.332(d), by inquiring whether the subrecipient has contacted the EPA Project Officer. Nothing in this condition requires the
recipient to contact the EPA Project Officer on behalf of a subrecipient or to be involved in the negotiation of an Interconnection Service
Agreement between the subrecipient and EPA.
4Z - 96712301 - 0 Page 8
C. SIGNAGE REQUIRED (Updated May 11, 2023)
1. Signage Requirements
a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this
award displaying the official Investing in America emblem and must identify the project as a "project funded by President Biden's Bipartisan
Infrastructure Law" or "project funded by President Biden's Inflation Reduction Act" as applicable. The sign must be placed at construction
sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the
construction period.
The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America
emblem available at: https://www.epa.gov/invest/investing-america-signage.
b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323, recipients are encouraged to use recycled
or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided
that the costs associated with signage are reasonable. Additionally, to increase public awareness of projects serving communities where
English is not the predominant language, recipients are encouraged to translate the language on signs (excluding the official Investing in
America emblem or EPA logo or seal) into the appropriate non-English language(s). The costs of such translation are allowable, provided
the costs are reasonable.
2. Public or Media Events
EPA encourages the recipient to notify the EPA Project Officer listed in this award document of public or media events publicizing the
accomplishment of significant events related to construction projects as a result of this agreement and provide the opportunity for
attendance and participation by federal representatives with at least ten (10) working days' notice.
D. LEVERAGING
Leveraging: The recipient agrees to provide the proposed leveraged funding, including any voluntary cost -share contribution or overmatch,
that is described in its proposal dated 02/10/2023. If the proposed leveraging does not materialize during the period of award performance,
and the recipient does not provide a satisfactory explanation, the Agency may consider this factor in evaluating future proposals from the
recipient. In addition, if the proposed leveraging does not materialize during the period of award performance then EPA may reconsider the
legitimacy of the award; if EPA determines that the recipient knowingly or recklessly provided inaccurate information regarding the
leveraged funding the recipient described in its proposal dated 02/10/2023 EPA may take action as authorized by 2 CFR Part 200 and/or 2
CFR Part 180 as applicable.
Voluntary Cost -Share or Overmatch
This award and the resulting federal funding of $4,000,000 is based on estimated costs requested in the recipient's application dated
02/10/2023. Included in these costs is a voluntary cost -share contribution of $600,000 by the recipient in the form of a voluntary cost -share
or overmatch (providing more than any minimum required cost -share) that the recipient included in its proposal dated 02/10/2023. The
recipient must provide this voluntary cost -share contribution during performance of this award unless the EPA agrees otherwise in a
modification to this agreement. While actual total costs may differ from the estimates in the recipient's application, EPA's participation shall
not exceed the total amount of federal funds awarded.
If the recipient fails to provide the voluntary cost -share contribution during the period of award performance, and EPA does not agree to
modify the agreement to reduce the cost share, the recipient is in violation of the terms of the agreement. In addition to other remedies
available under 2 CFR Part 200, the Agency may consider this factor in evaluating future proposals from the recipient. In addition, if the
voluntary cost -share contribution does not materialize during the period of award performance then EPA may reconsider the legitimacy of
the award; if EPA determines that the recipient knowingly or recklessly provided inaccurate information regarding the voluntary cost -share or
overmatch the recipient described in its proposal dated 02/10/2023, EPA may take action as authorized by 2 CFR Part 200 and/or 2 CFR
Part 180 as applicable.
E. PROGRAM INCOME
4Z - 96712301 - 0 Page 9
In accordance with 2 CFR Part 200.307(e)(2) and 2 CFR 1500.8(b), the recipient is hereby authorized to retain program income earned
during the project period.
The program income shall be used in one of the following ways:
1. Added to funds committed to the project by EPA and used for the purposes and under the conditions of the assistance agreement.
The recipient must provide as part of its Quarterly and Final performance report, a description of how program income is being
used. Further, a report on the amount of program income earned during the award period must be submitted with the Quarterly and
Final Federal Financial Report, Standard Form 425.
F. USE OF LOGOS
If the EPA logo is appearing along with logos from other participating entities on websites, outreach materials, or reports, it must not be
prominently displayed to imply that any of the recipient or subrecipient's activities are being conducted by the EPA. Instead, the EPA logo
should be accompanied with a statement indicating that the City of Iowa City received financial support from the EPA under an Assistance
Agreement. More information is available at: https://www.epa.aov/stylebook/usina-epa-seal-and-logo#policy
G. SUBSTANTIAL INVOLVEMENT
EPA will be substantially involved in this agreement. Substantial involvement by the EPA Project Officer may include:
1.) monthly telephone calls and other monitoring (or meeting on an alternate schedule suggested by EPA's Project Officer),
2.) reviewing project phases and providing approval to continue to the next phase,
3.) reviewing and commenting on any documents, web content, or other materials developed under this agreement (the recipient will make
final decisions on these matters),
4.) approving substantive terms included in contracts or subawards (EPA's Project Officer will not suggest, recommend or direct the
recipient to select any particular contractor or subrecipient except to the extent permitted in Section 10 of EPA's Subaward Policy).
5.) reviewing and commenting on the programmatic progress reports
6.) consultation with EPA regarding the selection of key personnel (EPA's involvement is limited to reviewing the technical qualifications of
key personnel and the recipient will make the final decisions on selection. EPA's Project Officer will not suggest, recommend or direct the
recipient to select any individual).
7.) joint operational involvement, participation, and/or collaboration between EPA and the recipient. EPA's Project Officer or designee may
provide data, advice, and information that will help the grantee carry out the agreement effectively.
H. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)
1. Environmental Standards
The recipient agrees to Identify to the awarding agency all impact this award may have on:
The quality of the human environment and provide help the agency may need to comply with the National Environmental Policy Act (NEPA,
at 42 U.S.C. 4321, et. seq.) and to prepare Environmental Impact Statements or other required environmental documentation. In such
cases, the recipient agrees to take no action that will have an adverse environmental impact (e.g., physical disturbance of a site such as
breaking of ground) until the agency provides written notification of compliance with the environmental impact analysis process.
4Z - 96712301 - 0 Page 10
2. Endangered Species Act
The recipient agrees to comply with applicable provisions of the following national policies concerning live organisms:
Rules of the Departments of Interior (50 CFR Parts 10-24) and Commerce (50 CFR Parts 217-227) implementing laws and conventions on
the taking, possession, transport, purchase, sale, export, or import of wildlife and plants, including the: Endangered Species Act of 1973 (16
U.S.C. 1531-1543); Marine Mammal Protection Act (16 U.S.C. 1361-1384); Lacey Act (18 U.S.C. 42); and Convention on International
Trade in Endangered Species of Wild Fauna and Flora.
3. National Historic Preservation
The recipient agrees to identify to the awarding agency all property listed or eligible for listing on the National Register of Historic Places that
will be affected by this award, and to provide all the help the awarding agency may need, with respect to the award.
16 USC 470f
4. Native American Graves Protection and Repatriation
The recipient agrees that it will comply with the following general national policy requirements:
25 USC 3001-3013
I. SOLID WASTE INFRASTRUCTURE FOR RECYCLING GRANTS DAVIS-BACON LABOR STANDARDS TERM AND CONDITION
1. Program Applicability
a. Program Name: Solid Waste Infrastructure for Recycling Grants
b. Statute requiring compliance with Davis -Bacon: Save our Seas 2.0 Act (Public Law 116-224) as codified at 33 USC 4282 Sec.
302(e)(1)
C. Activities subject to Davis -Bacon: Activities subject to Davis -Bacon include certain construction costs and contractual costs.
Construction costs may include site preparation, demolishing and building facilities, making permanent improvements to facilities
or other real property, remediation of contamination and related architectural or engineering services. With very few exceptions,
recipients carry out construction projects by hiring contractors which typically include a general contractor and an architectural
or engineering firm for design work and in some cases purchasing equipment for installation at the site. Hiring general contractors
and other contractors performing activities described in the EPA Disadvantaged Business Enterprise (DBE) rule's definition of
Construction at 40 CFR 33.103 will be categorized as "Construction."
d. Prevailing Wage Classification: Building
2. Davis -Bacon and Related Acts
Davis -Bacon and Related Acts (DBRA) is a collection of labor standards provisions administered by the Department of Labor, that are
applicable to grants involving construction. These labor standards include the:
• Davis -Bacon Act, which requires payment of prevailing wage rates for laborers and mechanics on construction contracts of $2,000
or more.
• Copeland "Anti -Kickback" Act, which prohibits a contractor or subcontractor from inducing an employee into giving up any part of
the compensation to which he or she is entitled; and
• Contract Work Hours and Safety Standards Act, which requires overtime wages to be paid for over 40 hours of work per week,
under contracts in excess of $100,000.
3. Recipient Responsibilities When Entering into and Managing Contracts:
a. Solicitation and Contract Requirements:
4Z - 96712301 - 0 Page 11
i. Include the Correct Wage Determinations in Bid Solicitations and Contracts: Recipients are responsible for complying with the
procedures provided in 29 CFR 1.6 when soliciting bids and awarding contracts.
ii. Include DBRA Requirements in All Contracts: Include the following text on all contracts under this grant:
"By accepting this contract, the contractor acknowledges and agrees to the terms provided in the DBRA Requirements for Contractors and
Subcontractors Under EPA Grants."
b. After Award of Contract:
i. Approve and Submit Requests for Additional Wages Rates: Work with contractors to request additional wage rates if required for
contracts under this grant, as provided in 29 CFR 5.5(a)(1)(iii).
ii. Provide Oversight of Contractors to Ensure Compliance with DBRA Provisions: Ensure contractor compliance with the terms of
the contract, as required by 29 CFR 5.6.
4. Recipient Responsibilities When Establishing and Managing Additional Subawards:
a. Include DBRA Requirements in All Subawards (including Loans):
Include the following text on all subawards under this grant:
"By accepting this award, the EPA subrecipient acknowledges and agrees to the terms and conditions provided in the DBRA Requirements
for EPA Subrecipients."
b. Provide Oversight to Ensure Compliance with DBRA Provisions: Recipients are responsible for oversight of subrecipients and must
ensure subrecipients comply with the requirements in 29 CFR 5.6.
5. The contract clauses set forth in this Term & Condition, along with the correct wage determinations, will be considered to be a part of
every prime contract covered by Davis -Bacon and Related Acts (see 29 CFR 5.1), and will be effective by operation of law, whether or not
they are included or incorporated by reference into such contract, unless the Department of Labor grants a variance, tolerance, or
exemption. Where the clauses and applicable wage determinations are effective by operation of law under this paragraph, the prime
contractor must be compensated for any resulting increase in wages in accordance with applicable law.
Prepared by: Jen Jordan, Resource Management Superintendent, 410 E. Washington St., Iowa City, IA 52240
(319) 887-6160
Resolution No. 24-295
Resolution authorizing acceptance of Solid Waste Infrastructure
for Recycling (SWIFR) Grant Program funds from the United
States Environmental Protection Agency for the Compost Pad
Improvements Project and Compost Turner
Whereas, the U.S. Environmental Protection Agency (EPA) uses the Solid Waste Infrastructure
for Recycling (SWIFR) Grant Program to assist in improving post -consumer materials
management and infrastructure, support improvements to local post -consumer materials
management and recycling programs, and assist local waste management authorities in making
improvements to local waste management systems; and
Whereas, the City of Iowa City, Iowa (City) applied for SWIFR funds to help improve and expand
the Compost Pad at the Iowa City Landfill and Recycling Center; and
Whereas, the City intends to purchase a Compost Turner to expedite compost processing
capabilities in order to divert more compostable materials from the Landfill; and
Whereas, the City was awarded $4 million in SWIFR funds through a Cooperative Agreement
(Grant Number 96712301) to assist with and expand projects currently planned; and
Whereas, the City of Iowa City wishes to accept funding for the Compost Pad Improvement Project
and Compost Turner.
Now, Therefore, be it resolved by the Council of the City of Iowa City, Iowa, that:
1. The City of Iowa City accepts the SWIFR funding from the US Environmental Protection
Agency.
Passed and approved this loth
1
Attest:
City Clerk
day of December
2024
(Eric Bigley - 12/05/2024)
Resolution No. 24-295
Page 2
It was moved by Bergus and seconded by salih 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: 7.h.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
December 10, 2024
Resolution canceling the Riverside Drive Pedestrian Bridge at Iowa Avenue Rehabilitation
Project, directing City Clerk to post notice of the cancelation on the Construction Update
Network and on the Iowa League of Cities website.
Prepared By:
Alin Dumachi
- Senior Engineer
Reviewed By:
Jason Havel
- City Engineer
Ron Knoche
- Public Works Director
Geoff Fruin -
City Manager
Fiscal Impact:
None
Staff Recommendation:
Approval
Attachments: Resolution
Executive Summary:
The City previously bid the Riverside Drive Pedestrian Bridge at Iowa Avenue Rehabilitation
Project, but received no bids prior to the October 24, 2024 deadline. The City then set a new
date to rebid the Project with the intent of adjusting the project phasing and related items
based on contractor feedback. However, through additional analysis of the project challenges
and discussions with project partners, it was determined that a solution that both addressed
contractor concerns and was agreeable to all of the project partners could not be reached in
time to rebid the project.
Therefore, staff recommends canceling the project to allow for additional consideration of the
future of the Riverside Drive Pedestrian Bridge at Iowa Avenue. In the meantime, ongoing
maintenance of the pedestrian bridge will continue to occur to allow it to remain in service for
regular use.
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.
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 was observed during the inspection. The report, dated October 30, 2019,
confirmed the recommendation for comprehensive concrete and expansion joint rehabilitation
to significantly increase the serviceable life of the structure and restore its aesthetics.
Prepared by: Alin Dumachi, Senior Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5143
Resolution No. 24-296
Resolution canceling the Riverside Drive Pedestrian Bridge at
Iowa Avenue Rehabilitation Project, directing City Clerk to post
notice of the cancelation on the Construction Update Network
and on the Iowa League of Cities website.
Whereas, no bids were received prior to the October 241h, 2024 deadline for the Riverside Drive
Pedestrian Bridge at Iowa Avenue Rehabilitation Project; and
Whereas, the City set a new bid date of December 19, 2024 to rebid the Project; and
Whereas, additional time is needed to determine the best course of action to address the
Riverside Drive Pedestrian Bridge at Iowa Avenue that is acceptable to all project partners; and
Whereas, the Department of Public Works recommends that the Council cancel this Project.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The Riverside Drive Pedestrian Bridge at Iowa Avenue Rehabilitation Project, authorized
by Resolution 24-249, is hereby canceled.
2. The City Clerk is hereby authorized and directed to post notice of the cancelation on the
Construction Update Network, operated by the Master Builders of Iowa, and the Iowa
League of Cities website.
3. Any bids received shall be returned to the bidders unopened.
Passed and approved this 10th day of December , 2024
Attest: PeLa -P
City Clerk
M6y6r
Approved by Z�'�
City Attorney' Office-12/05/2024
Resolution No. 24-296
Page 2
It was moved by Bergus and seconded by
adopted, and upon roll call there were:
Ayes:
W
1
F5
Nays:
salih the Resolution be
Absent:
x
Alter
Bergus
Dunn
Harmsen
Moe
Salih
Teague
Item Number: 8.a.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
December 10, 2024
Motion setting a public hearing for January 7, 2025, to consider an ordinance conditionally
rezoning approximately 48.6 acres of property located north of N. Scott Blvd. and east of N.
Dodge St. from Office Research Park (ORP) zone and Interim Development Research Park
(ID -RP) zone to Mixed Use (MU) zone. (REZ24-0009)
Attachments: Staff Report -w Attachments
STAFF REPORT
To: Planning and Zoning Commission
Item: REZ24-0009 500 ACT Drive of
Iowa City
GENERAL INFORMATION:
Applicant/Owner
Contact Person:
Requested Action:
Purpose:
Location:
Location Map:
Size:
Existing Land Use; Zoning:
Prepared by: Anne Russett, Senior Planner
Date: November 20, 2024
Brad Spillman
ACT, Inc
Brad.spilIman (o-)-intermediaryed.org
Steve Long
Salida Partners
steve(d)_sal i d apart n ers. com
Jim Bergman
Iceberg Development
iim(a�inbice.com
Rezoning Office Research Park (ORP)/Interim
Development Research Park (ID -RP) to Mixed -Use
(MU)
Rezoning to MU to allow both residential and office
uses
East of N Dodge St and south of Interstate 80
Office Research Park (ORP)/Interim Development
Research Park (ID -RP)
K
Surrounding Land Use; Zoning
Comprehensive Plan:
District Plan:
Neighborhood Open Space District:
Public Meeting Notification:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
North: Undeveloped; Interim Development
Research Park (ID -RP)
South: Undeveloped; ID -RP
East: Undeveloped; ID -RP and Interim
Development Single -Family Residential (ID-
RS)
West: Office buildings; Office Research Park
(ORP) and Neighborhood Public (P-1)
Office Research Development Center
Northeast District Plan
NE1
Property owners and occupants within 500' of the
property received notification of the Planning and
Zoning Commission public meeting. A rezoning sign
was posted at the intersection of ACT Place and N
Scott Blvd.
October 29, 2024
December 14, 2024
The applicant, ACT, Inc. is requesting approval for the rezoning of 48.6 acres of land from Office
Research Park (ORP) / Interim Development Research Park (ID -RP), to Mixed -Use (MU) for land
located east of N. Dodge St. and south of Interstate 80. The proposed development would allow for
a mix of residential, commercial and office buildings. The rezoning exhibit and Applicant's Statement
are attached. [Attachments 2 and 3]
The subject property was annexed into the City between 1969 and 1972. It contains four parcels
which have never been platted. The largest of the parcels contains existing surface parking and two
buildings that formerly housed ACT's operations. Most of the space within these buildings is
currently vacant except a small portion that is still being used by ACT for offices.
The subject property also contains two private streets. ACT Place runs north from N. Scott Blvd.
ACT Drive runs in a circular fashion and connects with N. Dubuque Rd.
No specific development is currently being proposed; however, the developer has expressed
interest in adaptively reusing some of the existing buildings into senior housing while also leaving a
portion of the existing buildings for ACT office space.
Good Neighbor Policy: The applicant held a good neighbor meeting on Thursday, October 24tn
A summary of the meeting is attached. [Attachment 4]
ANALYSIS:
Current Zoning: The subject property is zoned Office Research Park (ORP) and Interim
Development Research Park (ID -RP). The ORP zone is intended for areas with development of
large office and research firms and other complementary uses. The zone allows office uses, hotels,
3
light manufacturing, and other more industrial type uses.
The ID -RP zone is intended for areas with managed growth in which agricultural and other nonurban
uses of land may continue until such time as the city is able to provide city services and urban
development can occur. The only use permitted by right in this zone is plant related agricultural. All
other uses allowed in the zone are allowed provisionally or though a special exception. Examples
include detached single family homes, animal related commercial uses, utility scale solar facilities,
and communication transmission facilities.
Proposed Zoning: The applicant is proposing to rezone the subject property to the Mixed Use
(MU) zone. The purpose of the MU zone is to provide a transition from commercial and
employment centers to less intensive residential zones. The MU zone permits a mix of uses,
which requires special consideration of building and site design.
Table 1 shows the uses that are allowed in the MU zone. It includes a range of residential uses
from detached single family to duplexes to multi -family dwellings. Multi -family dwellings are
allowed at a density of 2,725 sq ft of lot area per unit. Based on the size of the subject property it
could accommodate up to 778 dwelling units. MU also allows office uses and a variety of retail
uses. Some institutional uses, like education facilities and religious/private group assembly uses
are also allowed. The MU zone does not allow drive -through facilities.
Table 1. Uses Allowed in the MU Zone
Use Categories
Subgroups
MU
Residential
Group living uses
Assisted group living
PR
Fraternal group living
Independent group living
Household living uses
Attached single-family dwellings
PR
Detached single-family dwellings
P
Detached zero lot line dwellings
PR
Duplexes
PR
Group households
PR
Multi -family dwellings
P
Commercial
Eating establishments
S
Office uses
General office
P
Medical/dental office
P
Retail uses
Alcohol sales oriented retail
PR
Hospitality oriented retail
PR
Personal service oriented
PR
Sales oriented
PR
Community service uses
Community service - shelter
S
General community service
S
Daycare uses
PR
Educational facilities
General
PR
Specialized
PR
CI
Parks and open space uses
PR
Religious/private group assembly uses
PR
Communication transmission facility uses
PR
*P = Permitted; PR = Provisional (subject to additional use specific standards); S = Special
Exception (requires review and approval by the Board of Adjustment)
Rezoning Review Criteria:
Staff uses the following two criteria in the review of a rezoning:
1. Consistency with the comprehensive plan;
2. Compatibility with the existing neighborhood character.
Compliance with Comprehensive Plan: The proposed development is reviewed using the
IC2030 Comprehensive Plan and the Northeast District Plan.
The Future Land Use Map of IC2030 identifies the subject property as appropriate for Office
Research Development Center. The proposed MU zoning designation allows for commercial
office development envisioned by the comprehensive plan. It also allows for residential uses.
Although the FLUM does not envision residential uses there are principles outlined in the plan
that speak to compatible infill development and the need for a diversity of housing types.
Specifically, the plan states that "Quality infill development plays an important role in
neighborhood reinvestment and may include rehabilitating existing structures or encouraging new
development of vacant, blighted, or deteriorated property. Development of infill sites should add
to the diversity of housing options without compromising neighborhood character or over-
burdening infrastructure, including alleys and parking."
In terms of housing, the plan states that "A mix of housing types within a neighborhood provides
residential opportunities for a variety of people, including singles, couples, families with children,
and elderly persons. Integrating diverse housing sizes and types throughout the community
increases the opportunity for people to live in the same neighborhood throughout the stages of
life. A rich mix of housing within a neighborhood may include single- family homes on small and
large lots, townhouses, duplexes, small apartment buildings, and zero- lot -line housing, as well
as apartments in mixed- use buildings located in neighborhood commercial areas and the
Downtown."
Based on conversations with the applicant there is an interest in adaptively reusing the existing
structures, while also adding additional housing to the area. The proposed MU zone would allow
the structures to adaptively reused, allow some office uses to continue, and also allow a diversity
of housing types including single-family, duplex, and multi -family uses.
The Northeast District Plan also provides some guidance on this area. It provides some flexibility
in terms of land uses in this area. The plan states "Office uses could serve as a buffer between
the interstate and residential areas. The current zoning map shows approximately 275 acres off
office research park zoning adjacent to the interstate. Given the past rate of development of such
uses, this amount of land devoted to office park uses may be unrealistic. Alternative uses, such
as residential or the buffer area uses mentioned above, should be considered in this area."
Compatibility with Existing Neighborhood Character: The area surrounding the subject
property is largely undeveloped. To the north and east is undeveloped land owned by ACT. The
property is bordered on the south by N. Scott Blvd beyond which is more undeveloped land. To
the west of the subject property is the Iowa City Community School District's Center for Innovation
and Oaknoll's senior living community.
The proposed MU zoning is consistent with the surrounding area. Much of the land remains
9
undeveloped. Those parcels that are developed include a mix of non-residential and multi -family
uses.
Transportation and Access and Utilities: The property is accessed from the west from N.
Dubuque Rd. and from the south via ACT Place. ACT Place and a portion of N. Dubuque Rd are
private streets.
As part of the rezoning, staff requested a traffic study. [Attachment 5] The purpose of the traffic
study is to account for the maximum allowable density and the commercial uses that are the
highest traffic generators. The City Engineer has reviewed the traffic study and is satisfied with
the results. The traffic study notes that additional delays may occur; however, future
improvements are anticipated to help improve traffic operations within the site and surrounding
transportation network. At this point, staff is not recommending any off -site transportation
improvements. However, as the area around the subject property is rezoned for development staff
will require future traffic studies to analyze the impacts of surrounding development.
Since this area has never been platted, staff is recommending conditions to ensure that as the
area develops an interconnected block and street network is developed through the subdivision
process. Additionally, since the area and existing buildings are accessed via private streets staff
is recommending conditions to ensure that as the uses change from office to residential uses that
the existing streets comply with City street design and construction standards.
Staff is recommending a condition that prior to issuance of building permits for the construction of
new buildings or additions to existing buildings, the subject property shall go through the
subdivision process and obtain approval of a preliminary and final plat. The applicant intends to
adaptively re -use the existing buildings, which will require a building permit. Building permits may
be issued for adaptive reuse prior to approval of a preliminary and final plat. However, any
development beyond adaptive reuse of the existing buildings will require a subdivision prior to
issuance of any building permits. At the time of preliminary and final platting, the private streets
shall be dedicated as public right-of-way and an interconnected trail system must be identified.
This would include identified connections to the pedestrian paths along N. Dodge St and N. Scott
Blvd.
Lastly, staff is recommending conditions related to the private streets to ensure they meet City
street standards prior to the conversion and occupancy of the existing buildings to residential
uses. Staff recommends that prior to issuance of any building permit, the owner shall either
improve the private streets to City standards or escrow for 110% of the cost of improving the
private streets. Regardless, prior to the issuance of a certificate of occupancy for the residential
uses, the necessary improvements to the streets shall be made. These conditions ensure that as
the buildings transition to residential uses any needed upgrades to the streets will be made prior
to residents occupying the structures.
Environmentally Sensitive Areas: The subject property contains regulated sensitive features.
A sensitive areas development plan is not required at the time of rezoning; however, the applicant
has provided a document outlining the regulated sensitive features on the site. [Attachment 6].
At the time of preliminary platting the applicant will be required to submit a sensitive areas
development plan showing regulated sensitive features, proposed impacts, and construction limit
lines.
NEXT STEPS:
Upon recommendation from the Planning and Zoning Commission, a public hearing will be
scheduled for consideration by the City Council.
C01
STAFF RECOMMENDATION:
Staff recommends approval of REZ24-0009. A proposal to rezone approximately 48.6 acres of land
located near 500 ACT Dr from Office Research Park (ORP) zone and Interim Development
Research Park (ID -RP) zone to Mixed Use (MU) zone subject to the following conditions:
a. Prior to issuance of building permits for the construction of new buildings or additions to
existing buildings, the subject property shall go through the subdivision process and obtain
approval of a preliminary and final plat.
b. Prior to issuance of any building permit, the owner shall improve the private streets to City
standards or escrow for 110% of the cost of improving the private streets to City standards.
The City would also accept a letter of credit. If the City Engineer finds that the present
condition of the private streets is found to sufficiently satisfy City standards, the City
Engineer may release this condition in writing.
c. Prior to issuance of a certificate of occupancy for any residential use the improvements
shall be made to ensure that the private streets meet City standards prior to the buildings
being converted to residences. If the City Engineer finds that the present condition of the
private streets is found to sufficiently satisfy City standards, the City Engineer may release
this condition in writing.
d. At the time of preliminary and final platting, the following must be addressed:
1. Private streets shall be dedicated as public right-of-way.
ATTACHMENTS:
1. Location & Zoning Maps
2. Rezoning Exhibit
3. Applicant's Statement
4. Good Neighbor Meeting Summary
5. Traffic Study — Excerpt
6. Regulated Sensitive Features
Approved by: i ] . -JtT-k.
Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
ATTACHMENT 1
Location & Zoning Maps
ATTACHMENT 2
Rezoning Exhibit
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ATTACHMENT 3
Applicant's Statement
SHIVEHATTCRY
A R C H I T E C T U R E+ E N G I N E E R I N G
October 4, 2024
City of Iowa City Neighborhood & Development Services & Planning & Zoning Commission
Phone 1 319-356-5000
RE: Proposed Rezoning Applicant Statement
To Whom It May Concern,
On behalf of the current Ownership, ACT, Inc. and the Applicant, Iceberg Development, a rezoning
request is respectfully submitted as shown in the provided Rezoning Exhibit.
Under the current zoning of Office Research Park (ORP) / Interim Development Research Park (ID -RP),
the uses described are intended for areas of managed growth in which agricultural and other nonurban
uses of land may continue until such time as the city is able to provide city services and urban
development can occur.
The applicant is proposing a Mixed -Use (MU) zoning designation that allows for a mix of uses such as
residential, commercial and office uses.
The 48.6 acres highlighted for the rezoning was once home to over 900 employees in multiple office
buildings on the ACT campus; however, circumstances have changed and now just one building is
partially occupied and the campus is mostly vacant. Most employees now work remotely, and the
industry has changed.
The proposed Mixed -Use zoning designation would blend with the surrounding uses, Iowa City
Community School District Center for Innovation, land along Highway 1 with commercial, and Oaknoll
East Lifecare Community.
The parcels to the south are adjacent to two arterial streets (Scott Boulevard and 1st Avenue), and the
parcels are near Highway 1 and Interstate 80. The Mixed -Use zoning designation would provide a
transition from a mix of residential, commercial and office to less intensive residential zones anticipated
to the south and east.
The Mixed -Use designation also allows for walkable/bikeable destinations for the residential uses and to
the residential areas that will be created to the east which supports the city's sustainability goals. In
addition, repurposing the ACT property prevents further development sprawl and allows for
opportunities for infill areas already in the city limits and served by city utilities.
Public infrastructure appears adequate or can be reasonably upgraded in the area based on existing
uses, development and utility mapping.
SHIVE-HATTERY, INC
Charles "Nick" Hatz II, PE
Principal, Civil Engineer
Project 2240009880
800.798.0313 1 shive-hattery.com
Page 2 of 2
Copy:
Brad Spillman, ACT Inc.
Jim Bergman, Iceberg Development Group, LLC
Steve Long, CTA Acquisition Iowa City, LLC
Mark Seabold, Shive-Hattery
Wade Wamre, Shive-Hattery
Travis Wright, Shive-Hattery
Project 2240009880 1 Date — October 4, 2024 SH IVEHATTCRY
A R C H IT E C T U R E+ E N G IN E E R ING
ATTACHMENT 4
Good Neighbor Meeting Summary
i r
Summary Report for * - , —4
Good Neighbor Meeting
CITY OF IOV A CITY
Project Name: ACT Iceberg Rezoning Phase 1 Project Location: 500 ACT Dr, Iowa City, Iowa 52243
Meeting Date and Time: 10/24/24 - 4:30-6:00 pm
Meeting Location: Shive-Hattery Iowa City (2839 Northgate Dr, Iowa City, IA 52245)
Names of Applicant Representatives attending: Steve Long
Nick Hatz & Travis Wright
Names of City Staff Representatives attending: Anne Russett
Number of Neighbors Attending: 11 Sign -In Attached? Yes X No
General Comments received regarding project (attach additional sheets if necessary) -
Attendees were interested in what types of uses would be allowed in the Mixed -Use (MU) zoning.
Applicants and Staff provided an overview on allowable uses per the zoning ordinance.
Assisted living was highlighted as an allowable use: currently there are multiple prospective land purchasers intending for some level of assisted living development.
Applicant explained the existing 0.11 acre triangular parcel is part of the rezoning.
Concerns expressed regarding project (attach additional sheets if necessary) -
Neighbors expressed concern regarding how the natural areas east of Oaknoll East would be handled -
specifically the ravine in the southwest corner of the rezoning area. A preliminary sensitive areas
plan identifying apparent protected slopes was reviewed - if protected slopes are confirmed with final survey
that corner is unlikely to be impacted. It was also noted that the City of Iowa City's sensitive areas
ordinance has woodland retention requirement rates which would come into consideration.
Will there be any changes made to the proposal based on this input? If so, describe:
No changes planned after considering neighbors comments.
Staff Representative Comments
(Name
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ATTACHMENT 5
Traffic Study — Excerpt
Traffic Impact Study:
Iceberg Development Group
Iowa City, Iowa
October 23, 2024
I HEREBY CERTIFY THAT THIS ENGINEERING DOCUMENT
WAS PREPARED BY ME OR UNDER MY DIRECT PERSONAL
SUPERVISION AND THAT I AM A DULY LICENSED
PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE
OF IOWA.
t/ - " 10/23/2024
SIGNATURE DATE
PRINTED OR TYPED NAME: ERIC J. MUNCHEL
LICENSE NUMBER: 19742
MY LICENSE RENEWAL DATE IS: 12/31/2024
PAGES, SHEETS, OR DIVISIONS COVERED BY THIS SEAL: ALL
Prepared for: Iceberg Development Group
Prepared by:
SHIVEHATTERY
A R C H I T E C T U R E+ E N G I N E E R I N G
2223 d Avenue SE, Suite 300
Cedar Rapids, IA 52401
(316) 364-0227
Page 1 of 18
Table of Contents
Introduction..................................................................................................2
Existing & Projected No Build Conditions..................................................3
Adjacent Roadways...........
Traffic Volume Data...........
Background Traffic Growth
3
4
4
Projected Buildout Conditions....................................................................8
Trip Generation ..................................................
Projected Buildout Turning Movement Volumes
.9
10
Trattic moaeiing & Mitigation....................................................................14
Vehicle Operational Analysis
14
Findings & Recommendations..................................................................18
Figures
Figure1
Study Area Map............................................................................................................................2
Figure 2
Existing Lane Configuration & Control.........................................................................................3
Figure 3
Annual Growth Rates...................................................................................................................4
Figure 4
Study Intersections — Existing 2024 AM & PM Peak Hour No Build Volumes .............................5
Figure 5
Study Intersections — Projected 2025 AM & PM Peak Hour No Build Volumes ..........................6
Figure 6
Study Intersections — Projected 2045 AM & PM Peak Hour No Build Volumes ..........................
7
Figure7
Preliminary Site Plan....................................................................................................................8
Figure8
Trip Distribution...........................................................................................................................10
Figure 9
Study Intersections — Projected 2025 AM Peak Hour Trips.......................................................11
Figure 10
Study Intersections — Projected 2025 & 2045 AM Peak Hour Buildout Volumes ......................12
Figure 11
Study Intersections — Projected 2025 & 2045 PM Peak Hour Buildout Volumes ......................13
Figure 12
Study Intersections — 2025 Recommended Buildout Lane Configuration & Control..................18
auiCa
Table 1
Trip Generation - Residential............................................................................................................9
Table 2
Trip Generation — Commercial & Retail............................................................................................
9
Table 3
LOS Criteria for Signalized & Unsignalized Intersections...............................................................14
Table 4
Operational Analysis — Study Intersection #1.................................................................................15
Table 5
Operational Analysis — Study Intersection#2.................................................................................16
Table 6
Operational Analysis — Study Intersection#3.................................................................................17
Appendices
Appendix 1.
Appendix 2.
Turning Movement Data
......Operational Analysis
2240009880 1 October 23, 2024
SH IVC-HATTE W
A R C H IT E C T U RE, E N G IN E E R ING
Introduction
The Iceberg Development Group initiated this traffic impact study to identify potential traffic impacts on the
adjacent roadway network due to their proposed mixed -use development, which will be located on the former
ACT Campus in Iowa City, IA. For the purposes of the analysis presented herein, a distribution of the highest
trip generating land uses permitted within the mixed -use zone are assumed for the study area. Existing,
opening, and design analysis years are assumed to be 2024, 2025, and 2045, respectively.
The following study intersections within the study area were identified for analysis. Please note directional
roadway names, for example N Dodge Street have been dropped.
Study Intersection #1 — Dodge Street & Scott Boulevard
Study Intersection #2 — Scott Boulevard & Dubuque Road/Scooter's Access Point (Scott Boulevard & Dubuque
Road hereafter)
Study Intersection #3 — Scott Boulevard & 1st Avenue/ACT Place (Scott Boulevard & 1st Avenue hereafter)
The above list assigns each study intersection with a number that is used as reference. (e.g., study intersection
#1 = Dodge Street and Scott Boulevard).
The area immediately surrounding the study intersections incorporates retail, services, office, recreational,
residential, and undeveloped land uses. A study area map identifying the location of the study intersections,
as well the location of proposed development is depicted in the following figure.
Figure 1 Study Area Map
2240009880 1 October 23, 2024 SHIVC-HATTC-RY
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Fxisting & Projected No guild Conditions
A study area map identifying the location and existing lane configuration and control of the study intersections
are presented in the following figure.
Figure 2 Existing Lane Configuration & Control
--- 2
>� r Brea
0�` \ �� _�
Adjacent Roadways
The following descriptions are specific to the area near the study intersections. The roadway functional
classifications are taken from the Metropolitan Planning Organization of Johnson County (MPOCJC) Future
Forward 2045 Long Range Transportation Plan.
Dodge Street is a four -lane (two through lanes in each direction) divided principal arterial roadway. Parking is
prohibited along Dodge Street, the roadway width is 24 feet in both directions, and the posted speed limit is 45
mph.
Scott Boulevard is a two-lane (one through lane in each direction) minor arterial roadway. Parking is prohibited
along Scott Boulevard, the total roadway width is 32 feet, and the posted speed limit is 35 mph.
1st Avenue is a two-lane (one through lane in each direction) minor arterial roadway. Parking is prohibited along
1st Avenue, the total roadway width is 32 feet, and the posted speed limit is 25 mph.
Dubuque Road is a two-lane (one through lane in each direction) local roadway. Parking is prohibited along
Dubuque Road, the total roadway width is 24 feet, and the posted speed limit is 25 mph.
2240009880 1 October 23, 2024 SH IVEHATTE RY
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Page 4 of 18
Traffic Volume Dat,,
Weekday turning movement volumes were collected at the study intersections in mid -October 2024. The peak
hours of the study intersections were determined based on the highest consecutive four 15-minute turning
movement counts between the hours of 6:00 and 9:00 AM and 3:00 and 6:00 PM at study intersection #1.
Study intersection #1 governed the AM and PM peak hours because it is the study intersection with the highest
volume of entering vehicles. The AM peak hour was determined to occur between 7:30 and 8:30. The PM peak
hour was determined to occur between 4:15 and 5:15. The raw and refined volume data are provided in
Appendix 1.
It should be noted the traffic data collected is reflective of a transitional period for the ACT Campus as it is
currently being underutilized. The traffic volumes are significantly reduced from the 2018 pre -pandemic of near
1000 employees to approximately 150 that they see today.
Background Traffic Growth
Projected traffic analysis will typically apply an annual growth rate to study intersections' existing turning
movement volumes to account for growth in background traffic over future analysis years. In coordination with
the Metropolitan Planning Organization of Johnson County the following growth rates were identified for the
study intersection approaches.
Figure 3 Annual Growth Rates
Theses annual growth rates were applied to existing volumes to project future background traffic volume
growth, which can be expected through a sustained constant area growth without the potential development.
It should be noted over time growth rates generally do not exhibit straight-line growth, but rather tend to level
off as the surrounding area continues to develop. Therefore, the use of a straight-line growth rate for the
prediction of future events can be thought of as conservative and should be considered as such when reviewing
the output of this analysis. Existing and projected AM and PM peak hour no build volumes (without the identified
potential development) are presented in the following figures.
2240009880 1 October 23, 2024 SH IVEHATTE RY
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Figure 4 Study Intersections — Existing 2024 AM & PM Peak Hour No Build Volumes
Existing 2024 AM Peak Hour
1 2
1o9
Existing 2024 PM Peak Hour
j r
�f
2240009880 1 October 23, 2024 SHIVC-HATTC-RY
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Page 6 of 18
Figure 5 Study Intersections — Projected 2026 AM & PM Peak Hour No Build Volumes
Projected 2026 AM Peak Hour No Build
S oll�lo y &No
3. m
Projected 2026 PM Peak Hour No Build
l 1 I A01A
�,� �1 3p6� •J �-° •/ li ff/r x fi
291 /•
295
2240009880 1 October 23, 2024 SHIVC-HATTC-RY
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Page 7 of 18
Figure 6 Study Intersections - Projected 2046 AM & PM Peak Hour No Build Volumes
Projected 2046 AM Peak Hour No Build �; l
✓ (/ � ti
i F�a
?S O jNG y�NN
0g
4
Projected 2046 PM Peak Hour No Build
1 2 3
2240009880 1 October 23, 2024 SHIVC-HATTC-RY
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Page 8 of 18
Projected Buildout Conditions
The Iceberg Development Group initiated this traffic impact study to identify potential traffic impacts on the
adjacent roadway network due to their proposed mixed -use development, which will be located on the former
ACT Campus in Iowa City, IA. For the purposes of the analysis presented herein, a distribution of the highest
trip generating land uses permitted within the mixed -use zone are assumed for the study area. It should be
noted, this is an initial phase to a development plan that anticipates an additional access point on Dodge Street.
This access point would become the northbound approach to the Dodge Street and ACT Circle intersection.
Existing, opening, and design analysis years are assumed to be 2024, 2025, and 2045, respectively. The
preliminary site plan is presented in the figure below.
Figure 7 Preliminary Site Plan
REZONING EXHIBIT FROM OFFICE RESEARCH PARK (ORP)I INTERIM
DEVELOPMENT RESEARCH PARK (ID -RP) TO MIXED USE (MU)
IOWA CITY, IOWA
EXWIING /
2240009880 1 October 23, 2024 SH IVEHATTE RY
A R C H I T E C T U R E+ E N G I N E E R I N G
Page 9 of 18
Trip Generation
Trip generation estimates are based on nationally accepted trip generation average rates and fitted curve
equations contained in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition.
Trips were generated for the most closely representative ITE land use, corresponding to the AM and PM peak
hour of the adjacent roadway network. Fitted curve equations were used in instances where the Rz is greater
or equal to 0.75. For the purposes of the analysis presented herein, the entire 48.6 acres of development was
assumed buildable and will be comprised of residential and commercial development. Approximately 80% of
the development will be assumed to be residential, with Multifamily Housing (Low -Rise) (ITE 220) as the
identified ITE land use. Approximately 20% will be identified as commercial, with 15% of the development will
be identified as Strip Retail Plaza (ITE 822) and 5% as High -Turnover (Sit -Down) Restaurant (ITE 932) as the
identified ITE land uses, respectively. The following tables identifies the ITE land use, ITE land use code, land
use subcategory, percent of building coverage, Dwelling Units (DU) per Acre (AC), and Independent Variable
(IV) used to calculate the trip generation estimate for the proposed development.
Table 1 Trip Generation - Residential
Land Use
ITE
Code
DU per AC/
% Of Building
Quantity
in AC
Quantity
in DU
AM Peak Hour
PM Peak Hour
%
%
Trips
Trips
%
%
Trips
Trips
Coverage
Trips
In
Out
In
Out
Trips
In
Out
In
Out
Multifamily Housing
220
16 DU per AC
32.6
622
2161
24%
76%
52
164
288 2
63%
37%
181
107
(Low -Rise)
1 Fitted curve equation T = 0.31(X) + 22.85 was used (R2= 0.79)
2 Fitted curve equation T = 0.43(X) + 20.55 was used (Rz= 0.84)
Table 2 Trip Generation — Commercial & Retail
ITE
DU per AC/
Quantity
Quantity
AM Peak Hour
PM Peak Hour
%
%
Trips
Trips
%
%
Trips
Trips
Land Use
Code
% Of Building
in AC
in KSF
Coverage
Trips
In
Out
In
Out
Trips
In
Out
In
Out
Strip Retail Plaza
822
40%
7.3
127.0
300
60%
40%
180
120
837
50%
50%
418
419
High -Turnover (Sit-
932
40%
2.4
42.3
405
55%
45%
223
182
383
61%
39%
234
149
Down) Restaurant
Totals
9.7
169.3
705
57%
43%
403
302
1,220
53%
47%
652
568
KSF = Thousand Square Feet
In summary, the proposed development is assumed to generate 921 total (455 inbound and 466 outbound)
AM peak hour trips and 1,508 total (833 inbound and 675 outbound) PM peak hour trips.
Trip distribution percentages for the proposed development are based upon existing traffic patterns observed
in the collected AM and PM peak hour turning movement volumes, as well as expected travel patterns in the
surrounding roadway network over the 2045 design year and are presented in the following figure.
2240009880 1 October 23, 2024 SH IVC-HATTC-RY
A R C H IT E C T U R E+ E N G IN E E R ING
Page 10 of 18
Figure 8 Trip Distribution
Tabulated turning movement volumes at the study intersections, which are presented in Appendix 1, are
organized by the following volume classifications:
Existing 2024 No Build Projected 2045 No Build
Projected 2025 No Build Background Traffic Growth (2024-2045)
Development Trips Projected 2045 Buildout
Projected 2025 Buildout
Background traffic growth is calculated by subtracting existing 2024 volumes from projected 2045 no build
volumes. The raw and refined volume data are provided in Appendix 1.
Projected Buildout Turning Movement Volumes
AM and PM peak hour development trips, as well as projected 2025 and 2045 buildout volumes are presented
in the following figures.
2240009880 1 October 23, 2024 SH IVEHATTE RY
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Page 11 of 18
a
Figure 9 Study Intersections — Projected 2026 AM Peak Hour Trips
AM Peak Hour New Trips
9�
0 0
d
PM Peak Hour New Trips
Ot
11 °
fr
�f C
2240009880 1 October 23, 2024 SHIVC-HATTC-RY
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Page 12 of 18
Figure 10 Study Intersections — Projected 2026 & 2046 AM Peak Hour Buildout Volumes
Projected 2026 AM Peak Hour Buildout
1 fir} 2
a g
ID
fi �67
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d�� ors 8
Proiected 2046 AM Peak Hour Buildout
JNp
c?
r � o
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2240009880 1 October 23, 2024 SHIVC-HATTC-RY
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Page 13 of 18
Figure 11 Study Intersections — Projected 2026 & 2046 PM Peak Hour Buildout Volumes
Projected 2026 PM Peak Hour aBuildout 3
Ofo Y=�IW CO
f 0
2 W.
0 O.
Projected 2046 PM Peak Hour Buildout
iT tTV NV
D 1.
fr
4 41
A
2240009880 1 October 23, 2024 SHIVC-HATTC-RY
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Page 14 of 18
Traffic Modeling & Mitigation
Vehicle Operational Analysis
Vehicular operational analysis for this study was performed using the methodology of the 7th Edition Highway
Capacity Manual (HCM) through Vistro traffic analysis software. Operational analysis is generally categorized
in terms of Level of Service (LOS). LOS describes the quality of traffic operations and is graded from A to F;
with LOS A representing free -flow conditions and LOS F representing congested conditions. At two-way stop
controlled (TWSC) intersections the primary LOS measure to consider is the intersection movement with the
longest control delay, which would generally need to be LOS E or better (cannot be LOS F) to be deemed
acceptable. The primary LOS measure at signalized', all -way stop, and roundabout intersections is average
intersection control delay and approach control delay, which would generally need to be LOS D or better and
LOS E or better (cannot be LOS F), respectively to be deemed acceptable. Control delay is the delay
experienced by vehicles slowing down as they are approaching the intersection, the wait time at the
intersection, and the time for vehicles to speed up through the intersection and enter the traffic stream. The
average intersection control delay is a volume -weighted average of delay experienced by all motorists entering
the intersection on all intersection approaches.
A queueing analysis was also performed at the study intersections. A vehicle queue is a line of vehicles waiting
to pass through an intersection. As vehicles arrive the queue grows and as the movement is served, the queue
length shrinks. To account for this variation, it is standard practice to consider the 95th percentile queue
length. The 95th percentile queue is the length of which the queue will be less than 95 percent of the time.
The following table presents the range of traffic delays associated with signalized and unsignalized (TWSC,
AWSC, and roundabout) intersections. It should be noted delay thresholds for a given LOS for TWSC
intersections are lower than those given for signalized intersections. This difference, as explained in the HCM,
is to account for the greater variability in delay associated with unsignalized movements in addition to different
driver expectations associated with each type of intersection control, with the expectation that signalized
intersections are designed to carry higher traffic volumes and therefore will experience greater delay than
unsignalized intersections.
Table 3 LOS Criteria for Signalized & Unsignalized Intersections
LOS
Signalized Intersection
Average Control Delay (sec/veh)
Unsignalized Intersection
Control Delay (sec/veh)
A
< 10
<_ 10
B
> 10 to 20
> 10 to 15
C
> 20 to 35
> 15 to 25
D
> 35 to 55
> 25 to 35
E
> 55 to 80
> 35 to 50
F
> 80
> 50
Source: HCM 7'h Edition
sec/veh = seconds per vehicle
The following tables presents operational conditions at the study intersections under existing and projected
AM and PM peak hour conditions. Highlighted yellow cells indicate a LOS issue or a queue extending past its
upstream intersection.
Volume to Capacity (V/C) ratio is another measurement used to determine LOS. If the V/C ratio is greater than 1.0 LOS is F regardless
of the delay. An expanded discussion of v/c ratios is provided in Appendix 2.
2240009880 1 October 23, 2024 SH IVEHATTE RY
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Page 15 of 18
Dodge Street and Scott Boulevard (Study intersection #1) is analyzed using its existing lane configuration
and signalized control under all scenarios shown in the figure below:
Table 4 Operational Analysis - Study Intersection #1
Study
Intersection
Scenario
Metric
AM Peak Hour
PM Peak Hour
NB
SIB
EB
WB
NB
SIB
EB
WB
Existing
2024
No Build
Approach Delay
38.3
33.9
20.5
27.7
34.6
35.5
21.9
29.1
Approach LOS
D
C
C
C
C
D
C
C
95'h percentile Queue
(Longest Movement) in Feet
R
TR
T
T
R
L
T
L
353
27
110
288
312
22
221
248
Intersection Delay & LOS
29.6, C
28.3, C
Projected
2025
No Build
Approach Delay
38.3
33.9
20.6
27.8
37.7
35.5
22.1
29.1
Approach LOS
D
C
C
C
D
C
C
C
95'h percentile Queue
(Longest Movement) in Feet
R
TR
T
T
R
L
T
L
355
27
110
290
330
22
224
249
Intersection Delay & LOS
29.6, C
29.1, C
1
Dodge Street
Scott
Boulevard
projected
2025
Buildout
Approach Delay
38.3
36.9
38.2
31.4
49.4
41.6
61.0
40.1
Approach LOS
D
D
D
C
D
D
E
D
95th percentile Queue
(Longest Movement in Feet
R
TR
T
T
LT
TR
T
L
397
36
232
372
475
37
526
440
Intersection Delay & LOS
34.9, C
48.8, D
Projected
2045
No Build
Approach Delay
38.5
34.3
19.5
26.8
37.5
35.3
23.9
29.7
Approach LOS
D
C
B
C
D
C
C
C
95'h percentile Queue
(Longest Movement in Feet
R
TR
T
T
R
L
T
L
336
26
106
261
345
23
252 1
261
Intersection Delay & LOS
28.9, C
29.7, C
Projected
2045
Buildout
Approach Delay
37.4
35.8
32.9
31.1
53.3
42.3
64.4
41.8
Approach LOS
D
D
D
C
D
D
E
D
95'h percentile Queue
(Longest Movement in Feet
R
TR
T
T
R
TR 1
T
L
E387
34
213
331
464
38 1
571
460
Intersection Delay & LOS
33.6, C
51.7, D
Queue, Delay, and LOS analysis based on HCM 7'h Edition Methodology.
1 The frequency of arriving vehicles is anticipated to be nearly consistent.
Based on the analysis presented above the existing lane configuration and signalized control at the Dodge
Street and Scott Boulevard (study intersection #1) intersection will provide an acceptable LOS through the
2045 buildout design year scenario.
2240009880 1 October 23, 2024 SH IVC-HATTC-RY
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Page 16 of 18
Scott Boulevard and Dubuque Road (Study intersection #2) is analyzed using its existing lane
configuration and stop control under all scenarios shown in the figure below:
2' - -
ue Rd
Table 5 Operational Analysis - Study Intersection #2
Study
Intersection
Scenario
Metric
AM Peak Hour
PM Peak Hour
NB
SB
EB
WB
NB
SB
EB
WB
Existing
2024
No Build
Approach Delay
0.4
0.6
31.8
10.5
0.0
0.0
18.4
10.8
Approach LOS
A
A
D
B
A
A
C
B
95rh Percentile Queue
(Longest Movement) in Feet
LT
L
LTR
TR
LT
L
LTR
TR
1
4
37
1
1
1
5
3
Reported Delay & LOS
(Worst Movement
EBT, 45.0, E
EBL, 21.8, C
Projected
2025
No Build
Approach Delay
0.4
0.6
31.9
10.5
0.0
0.0
18.4
10.8
Approach LOS
A
A
D
B
A
A
C
B
95'h Percentile Queue
(Longest Movement) in Feet
LT
L
I LTR
TR
LT
L
LTR
TR
1
4
1 38
1
1
1
5
3
Reported Delay & LOS
(Worst Movement
EBT, 45.3, E
EBL, 21.9, C
2
Scott
Boulevard &
Dubuque
Road
Projected
2025
Buildout
Approach Delay
0.3
2.7
558.6
12.9
0.0
3.5
366.5
15.6
Approach LOS
A
A
F
B
A
A
F
C
95'h Percentile Queue
(Longest Movement in Feet
LT
L
LTR
TR
LT
L
LTR
TR
1
37
185
12
1
54
61
23
Reported Delay & LOS
(Worst Movement
EBT, 619.2, F
EBL, 435.8, F
Projected
2045
No Build
Approach Delay
0.4
0.6
41.5
10.7
0.0
0.0
20.2
11.1
Approach LOS
A
A
E
B
A
A
C
B
95'h Percentile Queue
(Longest Movement) in Feet
LT
L
LTR
TR
LT
L
LTR
TR
2
5 1
51
1
1
1
7
3
Reported Delay & LOS
(Worst Movement
EBT, 58.3, F
EBL, 24.5, C
Projected
2045
Buildout
Approach Delay
0.3
2.8
839.4
13.3
0.0
3.5
362.7
15.6
Approach LOS
A
A
F
B
A
A
F
C
95'h Percentile Queue
(Longest Movement) in Feet
LT
L
LTR
TR
LT
L
LTR
TR
2
41
218
13
1
54 1
61
23
Reported Delay & LOS
(Worst Movement
EBT, 917.5, F
EBL, 431.5, F
Queue, Delay, and LOS analysis based on HCM 7rh Edition Methodology.
Based on the analysis presented above the existing lane configuration and stop control at the Scott Boulevard
and Dubuque Road (study intersection #2) intersection will not provide an acceptable LOS through the 2045
buildout design year scenario. The analysis indicates the eastbound approach and eastbound through
movement will fall to LOS E and F, respectively regardless of the development. The additional development
trips will make this issue worse, however this would also likely be the case if ACT was still operating on the
site. Additionally, this is anticipated to be a temporary issue until a proposed Dodge Street access as mentioned
above is constructed. Therefore, the additional Dodge Street access point is recommended in conjunction with
subsequent development.
2240009880 1 October 23, 2024 SHIVC-HATTC-RY
A R C H I T E C T U R E+ E N G I N E E R I N G
Page 17 of 18
Scott Boulevard and 1st Avenue (Study intersection #3) is analyzed using its existing lane configuration
and roundabout control under all scenarios shown in the figure below:
Table 6 Operational Analysis - Study Intersection #3
Study
Intersection
Scenario
Metric
AM Peak Hour
PM Peak Hour
NB
SIB
EB
WB
NB
SIB
EB
WB
Existing
2024
No Build
Approach Delay
6.7
5.4
7.3
8.2
7.5
5.1
7.5
6.7
Approach LOS
A
A
A
A
A
A
A
A
95th Percentile Queue
(Longest Movement) in Feet
LTR
LTR
LTR
LTR
LTR
LTR
LTR
LTR
38
1
60
45
41
2
66
30
Intersection Delay & LOS
7.4, A
7.3, A
Projected
2025
No Build
Approach Delay
6.7
5.5
7.4
8.3
7.6
5.1
7.6
6.8
Approach LOS
A
A
A
A
A
A
A
A
95th Percentile Queue
(Longest Movement) in Feet
LTR
LTR
LTR
LTR
LTR
LTR
LTR
LTR
38
1
60
46
1 42
2
68
31
Intersection Delay & LOS
7.4, A
7.4, A
3
Scott
Boulevard &
1It Street
Projected
2025
Buildout
Approach Delay
12.2
21.1
14.0
15.7
29.2
34.7
28.1
19.9
Approach LOS
B
C
B
C
D
D
D
C
95th Percentile Queue
(Longest Movement in Feet
LTR
LTR
LTR
LTR
LTR
LTR
LTR
LTR
88
146
152
99
212
279
332
114
Intersection Delay & LOS
15.5, C
28.8, D
Projected
2045
No Build
Approach Delay
6.8
5.6
7.5
8.7
8.4
5.5
8.3
7.6
Approach LOS
A
A
A
A
A
A
A
A
95th Percentile Queue
(Longest Movement in Feet
LTR
LTR
LTR
LTR
LTR
LTR
LTR
LTR
39
1
63
50
50
2
79
38
Intersection Delay & LOS
7.7, A
8.1, A
Projected
2045
Buildout
Approach Delay
11.4
18.1
13.0
15.3
32.9
37.3
31.0
22.4
Approach LOS
B
C
B
C
D
E
D
C
95th Percentile Queue
(Longest Movement in Feet
LTR
LTR
LTR
LTR
LTR
LTR
LTR
LTR
81
114
139
99
237
280
366
134
Intersection Delay & LOS
14.1, B
31.6, D
Queue, Delay, and LOS analysis based on HCM 7'h Edition Methodology.
1 The frequency of arriving vehicles is anticipated to be nearly consistent.
Based on the analysis presented above the existing lane configuration and roundabout control at the Scott
Boulevard and 1st Street (study intersection #3) intersection will provide an acceptable LOS through the 2045
buildout design year scenario.
2240009880 1 October 23, 2024 SHIVC-HATTC-RY
ARCHITECTURE+ENGINEERING
Page 18 of 18
endings & Recommendations
The analysis presented herein indicates the study intersection LOS indices will operate at acceptable levels
during the AM and PM peak hour conditions through the 2045 buildout design year scenario, except at study
intersection #2. However, this is anticipated to be a temporary issue isolated to the eastbound approach until
the additional access point on Dodge Street is constructed. The additional development trips will make this
issue worse, however this would also likely be the case ifACT was still operating on the site at its Pre -Pandemic
numbers, and not at its current underutilized state. Additionally, this is anticipated to be a temporary issue until
a proposed Dodge Street access as mentioned above is constructed. Therefore, the additional Dodge Street
access point is recommended in conjunction with subsequent development.
The 95th percentile queues at the study intersections were also analyzed. Based on these queue lengths no
issues, such as a queue extending upstream to an adjacent intersection are anticipated. This determination
assumes the recommended lane configuration and control presented in the figure below. No other
changes/improvements to the study intersection's existing lane configuration and control are recommended.
Operational analysis worksheets are contained in Appendix 2.
Figure 12 Study Intersections — 2025 Recommended Buildout Lane Configuration & Control
1 --- 2 j
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2240009880 1 October 23, 2024
SHIVC-HATTC-RY
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Item Number: 8.b.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
December 10, 2024
Motion setting a public hearing for January 7, 2025, to consider an ordinance conditionally
rezoning approximately 27.68 acres of land from Low Density Multi -Family Residential with a
Planned Development Overlay (OPD/RM-12) to Low Density Multi -Family Residential with a
Planned Development Overlay (OPD/RM-12) (REZ24-0010).
Attachments: Staff Report-w-attachments.pdf
STAFF REPORT
To: Planning and Zoning Commission
Item: REZ24-0010
Cardinal Heights
GENERAL INFORMATION:
Owner/Applicant:
Contact Person:
Prepared by: Anne Russett, Senior Planner
Date: December 4, 2024
Dave Oyler
IC Grove East, LLC
dave(a)navigatehomesiowa.com
Brian Vogel
Hall & Hall Engineers, Inc
1860 Boyson Road
Hiawatha, IA 52233
319-361-6325
brian(a)halleng.com
Requested Action: Rezoning from Low Density Multi -Family
Residential with a Planned Development Overlay
(OPD/RM-12) to Low Density Multi -Family
Residential with a Planned Development Overlay
(OPD/RM-12)
Purpose: Amend an approved Preliminary OPD Plan to
allow waivers to the minimum front setback and
maximum allowable building height for the multi-
family building located on Lot 11, Cardinal Heights
Part One.
Location:
Location Map:
East of Camp Cardinal Boulevard and West of
Camp Cardinal Road.
Size: 27.68 acres
K
Existing Land Use and Zoning
Surrounding Land Use and Zoning
Comprehensive Plan:
District Plan:
Neighborhood Open Space District:
Public Meeting Notification:
File Date:
45 Day Limitation Period:
Undeveloped, zoned for Low Density Multi -Family
Residential with a Planned Development Overlay
(OPD/RM-12)
North: OPD/RS-8 - Medium Density Single -
Family Residential with a Planned
Development Overlay
South: OPD/CC-2 - Community Commercial
with a Planned Development Overlay
East: OPD/RS-5 - Low Density Single -Family
Residential with a Planned
Development Overlay and
ID-RS - Interim Development Single -
Family Residential
West: OPD/RM-12 - Low Density Multi -Family
Residential with a Planned
Development Overlay
8-16 units / acre
None
EMT
Property owners in the surrounding areas have
been notified of the proposed subdivision and
rezoning and received notification of the Planning
and Zoning Commission public meeting. A
rezoning and a subdivision sign were posted on
the site on Camp Cardinal Boulevard.
November 15, 2024
December 30, 2024.
BACKGROUND INFORMATION:
The applicant, IC Grove East, LLC, is requesting a rezoning of 27.68 acres from Low Density
Multi -Family Residential with a Planned Development Overlay (OPD/RM-12) to Low Density Multi -
Family Residential with a Planned Development Overlay (OPD/RM-12) for land located east of
Camp Cardinal Blvd and west of Camp Cardinal Road. This property was previously rezoned to
OPD/RM-12 with a Preliminary Planned Development Overlay Plan from Interim Development —
Research Park (ID -RP) zone (Ordinance No. 22-4888). The previous rezoning was approved on
August 3, 2022, with the following condition:
1. Prior to issuance of building permit, Owner shall contribute 50% of the cost of upgrading
Camp Cardinal Road to City standards. This contribution shall include 50% of the cost of
construction of the traffic circle at the intersection of Deer Creek Road and Camp Cardinal
Road.
Along with the approval of the rezoning and Preliminary OPD Plan, the Preliminary Plat for the
property was approved on October 3, 2022. (Resolution No. 22-254). The Final Plats for Cardinal
Heights Parts One and Two were approved on February 21, 2023 (Resolution No. 23-45 &
Resolution No. 23-46).
3
The purpose of the rezoning application is to amend the approved Preliminary Planned
Development Overlay Plan. The rezoning request is to allow for a 5 feet reduction in the minimum
front yard setback (from 20-feet to 15-feet) and a 7-foot increase in the maximum building height
(from 35-feet to 42-feet). The request is for the multi -family building on Lot 11, Cardinal Heights
Part One.
The revised Preliminary Planned Development Overlay and building renderings are provided in
Attachments 3 and 4.
Good Neighbor Policy: The applicant held a good neighbor meeting for the original rezoning on
February 1, 2022.
ANALYSIS:
Current zoning: The area is zoned as Low -Density Multi -Family with a Planned Development
Overlay (OPD/RM-12). The purpose of the RM-12 zone is to provide for the development of high
density, single-family housing and low density, multi -family housing. In this case, a mix of multi-
family housing units and duplex units provides a diverse variety of housing throughout the
neighborhood, as intended by RM-12 zoning. The land contains regulated sensitive features. Due
to impacts to the sensitive areas, a Planned Development Overlay was requested and approved in
2022.
Proposed zoning: The applicant is requesting to rezone the subject property (27.68 acres) to Low
Density Multi -Family with a Planned Development Overlay (OPD/RM-12). The proposed zoning
remains the same as the applicant is requesting an amendment to the approved Preliminary
Planned Development Overlay Plan. The OPD allows the applicant to request waivers for certain
zoning standards. In this case, a front yard setback reduction and an increase in maximum building
height is being proposed. The applicant is requesting this amendment for only one building on one
lot (Lot 11, Cardinal Heights Part One) in the residential subdivision.
General Planned Development Approval Criteria: Applications for Planned Development
Rezonings are reviewed for compliance with the following standards according to Article 14-3A of
the Iowa City Zoning Ordinance.
1. The density and design of the Planned Development will be compatible with and/or
complementary to adjacent development in terms of land use, building mass and
scale, relative amount of open space, traffic circulation and general layout.
Density: The applicant is requesting a rezoning to an OPD/RM-12 zone, which allows for a density
of 15 dwelling units per net acre of land area (total land minus public and private streets right-of-
way). The proposed 30-unit complex, 4 townhomes, and 22 duplexes adds up to 78 total units
across the 25.02 acres of net site area, which equals 3.1 dwelling units per acre.
Land Uses Proposed: The applicant is proposing a mix of duplex and multi -family residential. There
are currently two areas to the west zoned RM-12 and one area to the southeast. The property to
the immediate west was rezoned to OPD/RM-12 in 2017 but remains undeveloped. The property
to the northwest also has RM-12 zoning with townhomes constructed, as well as ongoing townhome
development. Cardinal Villas Condominiums located southeast of the subject property is also zoned
as OPD/RM-12 with two multi -family buildings on the property. The area to the north is zoned
OPD/RS-8 and contains duplexes similar to those proposed. The addition of more duplexes and
multi -family housing to the area will complement the existing, ongoing, and future development
plans in the area.
Mass, Scale, and General Layout: Due to the potential impacts of the sensitive areas, the
CI
development layout is more compact instead of spreading out over the property. The proposed
duplexes are located on the western edge of the site off a cul-de-sac street to the north of Deer
Creek Road and a loop street to the south of Deer Creek Road. Additional duplexes front Deer
Creek Road to the east along with the proposed 30-unit multi -family buildings and townhomes.
Buildings in this zone cannot typically exceed 35 feet in height. Additionally, multi -family buildings
must typically be set back 20' from the front property line. However, the applicant has requested an
increase in the maximum height and a reduction in the front setback for the multi -family building on
Lot 11, Cardinal Heights Part One. The request is to increase the maximum allowable height to 42'
and reduce the minimum front setback to 15'. The townhome style multi -family units would still
adhere to the maximum 35' height and 20' setback.
The OPD plan shows duplex footprints with the access to garages from the front fagade. 14-3A-
4K-1 c-(2) requires garages and off-street parking areas be located so that they do not dominate
the streetscape. Alley or private rear lane access will be required, unless garages are recessed
behind the front facade of the dwelling in a manner that allows the residential portion of the
dwelling to predominate along the street. This standard will be reviewed at site plan and building
permitting stage to ensure full compliance to the requirement.
Open Space: The proposed development will need to comply with private open space standards,
outlined in section 14-2B-4E of the City Code. For the 30-unit complex, the calculation comes out
to be 430 square feet of private open space required (10 SF per bedroom, 43 total bedrooms in
complex). The townhome style multi -family units will also need 10 sq feet per bedroom. The
duplexes require a minimum of 300 square feet of open space per dwelling. The OPD plans shows
approximately 9,000 square feet of on -site open space for the multi -family uses. The revised OPD
plan does not make any changes to the outlots, which total 16.76 acres of regulated sensitive
features that were placed in conservation easement as part of the Final Plat process.
Traffic Circulation: The proposed development will have access off of Camp Cardinal Blvd through
an extension of Deer Creek Road. The extension of Deer Creek Road will provide access to the
entire site and, until Camp Cardinal Rd and a proposed traffic circle at the intersection of Deer Creek
Road and Camp Cardinal Road are constructed, Deer Creek Road will provide temporary access
to Camp Cardinal Road. This will provide a secondary access, if needed. The subdivision code 15-
3-2K authorizes the City to request an applicant to contribute 50% of the reconstruction cost of
bringing the segment of the subject street that abuts the subject property to city standards. As a
condition to the rezoning, the owner shall contribute 50% of the cost of upgrading Camp Cardinal
Road to City standards prior to issuance of building permit. The infrastructure also requires traffic
calming devices. The contribution shall include 50% of the cost of construction of the traffic circle at
the intersection of Deer Creek Road and Camp Cardinal Road.
2. The development will not overburden existing streets and utilities.
The property can be serviced by both sanitary sewer and water. Access to the site will be provided
through the extension of Deer Creek Road, which will connect to both Camp Cardinal Blvd and
Camp Cardinal Road.
3. The development will not adversely affect views, light and air, property values and
privacy of neighboring properties any more than would a conventional
development.
The nearest neighbors to the north of the subject property are separated by a woodland
preservation area and a stream corridor. The nearest neighbors to the east and southeast will
also remain separated due to the preservation of woodlands. The proposed development does
not adversely affect views, light and air, property values and privacy of neighboring properties any
more than would a conventional development.
9
4. The combination of land uses and building types and any variation from the
underlying zoning requirements or from City street standards will be in the public
interest, in harmony with purpose of this Title, and with other building regulations.
The proposed RM-12 zone allows the proposed mix of residential land uses proposed. The
proposed multi -family building, duplexes, and townhome style multi -family units provide a range
of housing options. When factoring in both the total building area occupied (approximately 2.27
acres or 98,800 SF) and the total area occupied by R.O.W. (2.61 acres), the total lot coverage is
equal to approximately 15.5%. Meaning, approximately 84.5% of the net site area will remain free
of buildings, parking, and vehicular maneuvering areas. The mix of housing, the extension of Deer
Creek Road, and the preservation of sensitive features are in the public interest.
The applicant has requested two waivers from the underlying zoning requirements. Both requests
are only for the multi -family building on Lot 11, Cardinal Heights Part One.
Reduction in front setback to 15': The applicant has requested this modification due to site
terrain, sensitive features, and the existing conservation easement area. Additionally, the
Fire Department requested that the applicant move the building closer to the street to
address Fire Code concerns. The alternative was to provide a fire truck turnaround behind
the building which is not practical given the site constraints. Moving the building forward
requires a reduction in the minimum front yard setback from 20' to 15'. Staff finds this
request acceptable. Many residential uses have a 15' setback. The requested variation
will still accommodate light, air, privacy, as well as on -site open space.
2. Building height increase to 42': The applicant has requested this modification due to site
topography. Building height is measured from average grade to the top of roofline. For the
proposed flat roofed building the top of the roofline is the top of the parapet. Due to the
sloping nature of the site the rear facade will exceed the 35' height maximum. The outlot
to the north which contains protected woodlands and steep slopes will obscure views of
the rear building from neighboring property owners. Staff finds this request acceptable, as
well. The proposed increase in height will still accommodate sufficient light and air
circulation, as well as on -site open space.
Compliance with Comprehensive Plan: The area does not have a district plan hence, the
proposed development is reviewed according to the IC2030 Comprehensive Plan.
The Future Land Use Map of the IC2030 Comprehensive Plan identifies the subject property as
appropriate for residential development at a density of 8-16 dwelling units per acre. As previously
stated, the subject property proposes around 3.1 dwelling units per net acre. This density is
actually below what is envisioned in the plan; however, the site is constrained due to the sensitive
features.
The IC2030 Comprehensive Plan encourages urban growth through compact and connected
neighborhoods. The proposed development demonstrates a commitment to these goals by
providing interconnected sidewalks and a variety of housing types that as noted in the
Comprehensive Plan, "Ensure a mix of housing types within each neighborhood to provide options
for households of all types and people of all incomes".
The Comprehensive Plan encourages pedestrian -oriented development and attractive and
functional streetscapes that make it safe, convenient, and comfortable to walk. The applicant is
showing sidewalks along both sides of Madan Court and Dear Creek Road. The plan also shows
a sidewalk along Madan Loop and connected to the Deer Creek sidewalk on the subject property.
The sidewalk along Deer Creek will connect to the existing sidewalk along Camp Cardinal Blvd.
Although the comprehensive plan discourages cul-de-sacs and emphasizes stub streets for future
N
connectivity, the proposed development is limited due to sensitive areas and existing
neighborhood constraints. Specifically, due to the layout of the neighborhood to the north, which
incorporates a loop street, connecting with that existing neighborhood is not possible. By
proposing development on the most buildable portion of the property, and thereby preserving the
natural areas of the property, the development aligns with the goals of the comprehensive plan.
Environmentally Sensitive Areas: The subject property contains regulated wetlands,
woodlands, and slopes. The applicant submitted a Preliminary Sensitive Areas Development Plan
as part of the 2022 OPD rezoning.
Since the rezoning the area went through the final platting process. The Final Plat created a
conservation easement area that protects the sensitive features outside of the area to be developed.
The proposed rezoning to address height and setbacks does not change the conservation
easements or anything from the originally approved Preliminary Sensitive Areas Development Plan.
NEXT STEPS:
Upon recommendation from the Planning and
scheduled for consideration by the City Council.
Zoning Commission, a public hearing will be
STAFF RECOMMENDATIONS:
Staff recommends approval of REZ24-0010, a proposal to rezone approximately 27.68 acres of
land located east of Camp Cardinal Blvd and west of Camp Cardinal Road from Low Density
Multifamily Residential with a Planned Development Overlay (OPD/RM-12) zone to Low Density
Multi -Family Residential with a Planned Development Overlay (OPD/RM-12) zone subject to the
following condition:
1. Prior to issuance of building permit, Owner shall contribute 50% of the cost of upgrading
Camp Cardinal Road to City standards. This contribution shall include 50% of the cost of
construction of the traffic circle at the intersection of Deer Creek Road and Camp Cardinal
Road.
ATTACHMENTS:
1. Aerial Location Map
2. Zoning Map
3. Revised Preliminary Planned Development Overlay Plan
4. Multi -Family Building Renderings
Approved by:
Tracy Hightshbe, irector
Department of ighborhood and Development Services
ATTACHMENT 1
Aerial Location Map
ATTACHMENT 2
Zoning Map
ATTACHMENT 3
Revised Preliminary Planned Development Overlay Plan
REVISED PRELIMINARY PLANNED DEVELOPMENT OVERLAY AND SENSITIVE AREAS DEVELOPMENT PLAN FOR
CARDINAL HEIGHTS (PART I AND PART 2)
IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA
UTILITY AND EMERGENCY TELEPHONE NUMBERS
CITY OF IOWA CITY, IOWA
IOWA
...52fi0 (DONE —CALL
(3 19)-63 1-1144
(3 ll)-33 6
PLANS SCALE WHEN PLOTTED
HALL & HALL ENGINEERS INC_
PLAN DATE fl/25/20M
CITY FILE NUMBER
HALL AND HALL PROJECT NUMBER 20A 20 2
LOCATION MAP
(SCALE 1 -500)
SHEET INDEX USE DIMENSIONAL STANDARDS (RM-1
CONTACT PERSON ZONING
APPLICANT/OWNER
OWNER'S ATTORNEY
AREA CALCULATIONS
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SITE LEGAL /REZONING DESCRIPTION OPEN SPACE REQUIREMENTS
NOTES
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PARKING REQUIREMENTS (30-PLEX BUILDING)
STANDARD VARIATIONS
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GENERAL LANDSCAPE NOTES
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Ap By CARDINAL HEIGHTS (PART I AND PART 2)
CITY �o IN THI
CITY OFIOWACITY,JOHNSONCOUNTY,IOWA
ATTACHMENT 4
Multi -Family Building Renderings
----------I
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CARDINAL HEIGHTS
IOWA CITY
rtw - (30 UNITS)
8-05-2024
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Item Number: 8.c.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
December 10, 2024
Motion setting a public hearing for January 7, 2025, to consider an ordinance conditionally
rezoning approximately 31.65 acres of property located East of Camp Cardinal Road and
North of Gathering Place Lane from Medium Density Single -Family Residential with a Planned
Overlay Development (OPD/RS-8) to Medium Density Single -Family Residential with a
Planned Overlay Development (OPD/RS-8). (REZ24-0008)
Attachments: REZ24-0008 Staff Report Packet 11-20-24
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Rachael Schaefer, Associate Planner
Item: REZ24-0008 Western Home GPD Date: November 20, 2024
of Iowa City
GENERAL INFORMATION:
Applicant/Owner: Pat O'Leary
Western Home Independent Living Services, Inc.
5703 Caraway Lane
Cedar Falls, IA 52246
Contact Person: Michael Welch
Welch Design and Development
michael@welchdesigndevelopment.com
Requested Action: Rezoning from Medium Density Single -Family
Residential with a Planned Overlay Development
(OPD/RS-8) to Medium Density Single -Family
Residential with a Planned Overlay Development
(OPD/RS-8)
Purpose: Amend an approved Preliminary OPD Plan to allow
for the conversion of the Camille Court area from five
single-family homes to a 16-unit elder apartment
building with rehabilitation and wellness areas for
residents on the ground floor.
Location:
Location Map:
East of Camp Cardinal Road and north of Gathering
Place Lane
Size: 31.2 Acres
K
Existing Land Use; Zoning:
Surrounding Land Use; Zoning
Comprehensive Plan:
District Plan:
Neighborhood Open Space District:
Public Meeting Notification:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
Undeveloped/Vacant Open Space; Medium Density
Single -Family Residential with a Planned Overlay
Development (OPD/RS-8)
North: Residential; Low Density Single -Family
Residential with a Planned Development
Overlay (OPD/RS-5)
South: Residential & Institutional; Low Density
Single -Family Residential with a Planned
Development Overlay (OPD/RS-5) and Low
Density Multi -Family (RM-12)
East: Residential; Rural Residential with a
Planned Development Overlay (OPD/RR-1)
West: Undeveloped/Vacant Open Space and
Single -Family Residential; Low Density
Multi -Family with a Planned Development
Overlay (OPD/RM-12) and Interim
Development Single -Family Residential (ID-
RS)
Residential, 2-8 Dwelling Units Per Acre
None
NW1
Property owners and occupants within 500' of the
property received notification of the Planning and
Zoning Commission public meeting. A rezoning sign
was posted onsite at Gathering Place Lane.
October 31, 2024
December 15, 2024
The applicant, Western Home Independent Living Services, is requesting approval for the rezoning
of 31.2 acres from Medium Density Single -Family Residential with a Planned Overlay Development
(OPD/RS-8) to Medium Density Single -Family Residential with a Planned Overlay Development
(OPD/RS-8) for land located east of Camp Cardinal Road and north of Gathering Place Lane. This
property was originally rezoned to OPD/RS-8, and a Preliminary OPD Plan was approved on
February 9, 2023 (Ord. No. 23-4895). The following conditions were approved with that rezoning:
1. Prior to issuance of a building permit, Owner shall contribute 50% of the cost of upgrading
Camp Cardinal Road to City standards from Gathering Place Lane to the future extension
of Deer Creek Road in accordance with 15-3-2 of the Iowa City Code. This contribution shall
include 50% of the cost of construction of the traffic circle at the intersection of Deer Creek
Road and Camp Cardinal Road.
2. In the event Owner desires to construct on -street angled parking, at the time of final platting,
Owner shall execute an agreement in a form approved by the City Attorney obligating the
Owner to maintain such spaces.
After the rezoning and Preliminary OPD Plan was approved, this property received preliminary and
final plat approval.
3
The applicant would now like to make an amendment to the Preliminary OPD Plan that was
approved in 2023 to allow for the conversion of the Camille Court area from five single-family homes
to a 16-unit elder apartment building with rehabilitation and wellness areas for Western Home
patrons on the ground floor. Per section 14-8D-8E, a substantive change is defined as, "a significant
change in the land uses, street locations, or character of the development from what is shown on
the approved OPD plan or sensitive areas development plan or any variation from the underlying
zoning requirements or street standards beyond the ranges approved on the preliminary OPD plan
or preliminary sensitive areas development plan". The proposed amendment is considered a
substantive change because it removes the Camile Court right-of-way and changes single-family
homes to a multi -family building.
A replat will be required to remove the Camile Court right-of-way. Staff recommends the following
rezoning condition be added to ensure a final plat application is submitted and approved:
1. Prior to issuance of a building permit, a replat of the Western Home Gpd Subdivision
showing the removal of the Camille Court ROW and demonstrating consistency with the
Preliminary OPD and Sensitive Areas Development Plan must be approved.
Staff also recommends maintaining the originally approved rezoning conditions to ensure those
requirements are reflected in the Subdivider's Agreement that will accompany the replat of the
Western Home Gpd Subdivision.
In addition to the proposed substantive change described above, the updated plan also
proposes to reduce the unit count of building #102 from the originally approved 22 units to
16 units and removing one single family home on the bulb of Clara Court. These changes are
not considered substantive as they do not increase density or change the character of the
development. Non -substantive changes are administratively reviewed and approved.
Factoring in all the proposed changes, the total number of units on the property would
increase by 4 when compared to the plan approved in 2023. The Preliminary Planned
Development Overlay and Sensitive Areas Development Plan approved in 2023 is
provided in Attachment 2. The proposed Planned Development Overlay and Sensitive
Areas Development Plan is provided in Attachment 3. Renderings of the proposed
building are provided in Attachment 4 and Attachment 5 is the Applicant's Statement.
Good Neighbor Policy: The surrounding property owners were notified of the proposed rezoning.
A Good Neighbor meeting was held at St. Andrews Presbyterian Church on November 6, 2024. A
summary of the meeting is included in Attachment 6.
ANALYSIS
Current Zoning: The subject property (approximately 31.2 acres) is zoned Medium Density
Single -Family Residential with a Planned Overlay Development (OPD/RS-8). The purpose of this
zone is primarily to provide for the development of small lot single-family dwellings. Due to
impacts to the sensitive areas, an OPD was requested and approved in 2023, allowing for a
mixture of uses, provided that additional criteria in sections 14-3A-4 and 14-3A-5 of the Code
were met. The approved Preliminary OPD Plan also allowed the applicant to request waivers for
certain zoning standards. In this case, a mix of single-family, duplex, and multi -family residential
uses, in addition to commercial uses, were approved.
Proposed Zoning: The applicant is requesting to rezone the area (31.2 acres) to Medium Density
Single -Family with a Planned Development Overlay (OPD/RS-8). The proposed zoning remains
the same since the applicant is proposing an amendment to the approved Preliminary OPD Plan.
The OPD also allows the applicant to request waivers for certain zoning standards. In this case,
an additional multi -family residential use is being proposed, which requires careful attention to site
and building design to ensure compatibility with the character, scale, and pattern of the residential
development. The applicant is also requesting an increase in the maximum building height from
35' to 45' for the newly proposed building #103 to address site typography and rooftop features.
These requests are discussed in detail below.
General Planned Development Approval Criteria: Applications for Planned Development
rezonings are reviewed for compliance with the following standards according to Article 14-3A of
the Iowa City Zoning Code.
The density and design of the Planned Development will be compatible with and/or
complementary to adjacent development in terms of land use, building mass and scale,
relative amount of open space, traffic circulation, and general layout.
Density: The applicant is requesting to rezone to OPD/RS-8, which allows for a density of 8
dwelling units per net acre of land area (total land minus street rights -of -way). The 2023 plan
was approved for 35 single-family homes, 8 duplex units, 38 condominium -style units, and 20
townhome-style units, adding up to 101 total units across the 27.02 acres of net site area, which
equals 3.7 dwelling units per acre. A building with 32 assisted group living beds was also
approved but does not count towards the density requirement. These bedrooms are not
included in the site's density calculation because they are not considered dwelling units. With
the addition of the proposed 16-unit multi -family building and removal of the Camile Court right-
of-way, the newly proposed plan has 29 single-family homes, 8 duplex units, 48 condominium -
style units, and 20 townhome-style units added up to 105 total units across the 27.11 acres of
net site area, which equals 3.9 dwelling units per acre. Overall, the proposed plan complies with
the planned development density requirements for an RS-8 base zone.
Land Uses Proposed: The applicant is proposing to replace five single-family homes with a multi-
family residential building. The proposed building will have rehabilitation and wellness areas for
Western Home patrons on the ground floor and two levels of congregate living above the ground
floor. There will be a total of 16 units. The entire development is intended to be a senior living
community. Based on the onsite parking provided for the multi -family building, the proposed units
must be occupied as elder apartments unless additional onsite parking is provided.
Surrounding zones include Rural Residential (RR-1) to the east, Low Density Single -Family
Residential (RS-5) to the north and southeast, and Low -Density Multi -Family Residential (RM-
12) to the south and west. Most surrounding properties also have Planned Development
Overlays (OPDs), largely due to sensitive features. Surrounding land uses include single-family
homes to the north and east, St. Andrew's Church to the southeast, and multi -family
condominiums to the south. The property to the west is undeveloped but was rezoned in
October 2022 to allow duplex, townhome, and multi -family units. The proposed mix of housing
types complements existing homes nearby and future development plans.
Mass, Scale, and General Layout: Due to potential impacts to sensitive areas, the layout is more
compact than a conventional development in a single-family residential zone. The proposed
multi -family use is on the west side of the property near other more intense uses, including the
previously approved townhome style and multi -family buildings, St. Andrew's Church, the
Cardinal Villas Condominiums, and the Cardinal Heights subdivision to the west with a proposed
mix of duplex, townhome, and multi -family buildings. The proposed multi -family building has
access to major streets, though it is also near an existing single-family home at 620 Camp
Cardinal Boulevard. However, that home is zoned interim development, so redevelopment may
occur in the future. The woodlands will obstruct the existing home's view of the proposed
development. The proposed development allows for the transition from the higher intensity
multi -family uses on the western portion of the parcel to the eastern portion that contains
predominantly single-family homes along Gathering Place Lane, Clara Court, and Timothy
Court, with duplexes on some corner lots. Overall, the layout maintains an appropriate transition
to surrounding neighborhoods.
9
Buildings in this zone cannot typically exceed 35 feet in height, and their footprints must comply
with lot coverage standards. However, the applicant has requested an increase in height limits
for the multi -family building, allowing it to be approximately 45 feet tall. All other multi -family and
mixed -use buildings in the development have received approval to increase the maximum
height to 45'.
The Zoning Code requires that the off-street parking for multi -family uses be located entirely
behind the building. Site topography and sensitive area restrictions make this impractical;
therefore, the applicant will be requesting a minor modification to allow some of the required
parking to be located on the side of the building and screened from view of Gathering Place
Lane. Most of the parking area for the multi -family building is behind the building and below
grade. Standards relating to mass, scale, and layout will be reviewed at the site plan and
building permitting stages to ensure full compliance with these requirements.
Lighting for any development must follow standards that minimize glare and light trespass for
nearby properties. Illumination cannot exceed 0.5 initial horizontal foot-candles and 2.0 initial
maximum foot-candles at any property line adjacent to or across the street from a residential
zone, in addition to standards related to height and shielding. The development must also
meet low illumination district standards, which require the maximum total outdoor light output
for the development to be less than 50,000 initial lumens per acre. Downcast streetlights are
anticipated at every intersection and at every dead-end or cul-de-sac to enhance intersection
identification and safety. A lighting plan will be reviewed during site plan review.
Open Space: The proposed development must comply with the private open space standards
outlined in section 14-2A-4E of the Zoning Code. The newly proposed multi -family building with
16 units requires 400 square feet of private usable open space (10 SF per bedroom). The
proposed multi -family building shows adequate private open space. Excluding the proposed
and previously approved developments, much of the remaining area on the property is left as
open space to retain stormwater and protect sensitive features. Open space requirements will
be reviewed at the site plan and building permitting stages.
Traffic Circulation: The proposed development will only have access off Gathering Place Ln.
Secondary access to the site is anticipated following the extension of Deer Creek Road from
Camp Cardinal Boulevard to the west as part of the Cardinal Heights subdivision. Section 15-
3-2K of the Subdivision Code allows the City to request an applicant contribute 50 percent of
the cost of bringing a segment of street abutting a property to City standards. Staff recommends
maintaining the previously approved condition of the rezoning that the owner contribute 50
percent of the cost of upgrading Camp Cardinal Road to City standards prior to issuance of a
building permit, including the cost of building the traffic circle at the intersection of Deer Creek
Road and Camp Cardinal Road which will serve as a traffic calming device.
Access to the northern portion of the site will be along Gathering Place Lane from its intersection
with Deer Creek Road. This northern area will only have a single point of access for the
foreseeable future due to sensitive areas and existing neighborhood layouts. Specifically,
connecting to other existing neighborhoods is not possible due to their street layout to the east
and north, which incorporates loop streets with no potential areas for connection. However, the
Gathering Place Lane extension is stubbed out on the eastern portion of the St. Andrew's
property with a temporary turnaround to allow future connectivity should that area develop.
2. The development will not overburden existing streets and utilities.
Access to the site will be provided through the extensions of Camp Cardinal Road, Gathering
Place Lane, and Deer Creek Road (which will provide secondary access when the proposed
Cardinal Heights subdivision is developed to the west). If Cardinal Heights develops, the
southern portion of the property would have two points of access, but the remainder would
C01
still only have one point of access. For the full development to have secondary access,
additional development would need to occur on the eastern portion of the St. Andrew's
property. The approved development was expected to have 309 daily trips at Deer Creek Road
and Gathering Place Lane, which is less than the 500 vehicle trips that would cause it to
become overburdened. The four additional units being proposed will have a negligible effect on
the daily trips and will still not overburden Gathering Place Lane. Should Cardinal Heights not
develop, the single point of access would be Camp Cardinal Road at Camp Cardinal Boulevard.
Because Camp Cardinal Road follows collector street rather than local street standards, the
vehicle trip threshold is significantly higher to become overburdened. As a result, staff does not
anticipate any problems.
A unique feature of the approved Preliminary OPD Plan is the diagonal on -street parking along
Gathering Place Ln. Staff found this reasonable, given the proposed commercial uses at that
location. However, the Public Works Department does not have a practice of maintaining such
parking spaces. Staff recommends maintaining the previously approved condition that the
owner maintain the diagonal on -street parking spaces, including snow removal. Staff
recommends that this obligation be further detailed in an agreement executed at the time a final
replat is approved.
3. The development will not adversely affect views, light and air, property values, and
privacy of neighboring properties any more than would a conventional development.
The nearest neighbors to the north of the proposed multi -family building are separated by a
woodland preservation area and stream corridor. The property to the west is also separated
by a woodland preservation. As such, the proposed development will not adversely affect
views, light and air, property values, and neighboring properties' privacy any more than a
conventional development would.
4. The combination of land uses and building types and any variation from the underlying
zoning requirements or from City street standards will be in the public interest, in
harmony with the purpose of this Title, and with other building regulations.
The applicant is requesting waivers to increase building height and allow an additional multi-
family use. The approval criteria for these waiver requests are discussed in the following
sections, but overall, the proposed development and the waivers appear to be in the public
interest and in harmony with the purpose of this title.
Building Height: The applicant is requesting an increase in the building height for the proposed
multi -family building from 35 feet to 45 feet to allow a usable open space for residents on the
top story of the building. The maximum building height may be modified pursuant to 14-3A-
4K-1 b, where the design of the development results in sufficient light and air circulation for
each building and adequate, accessible open space for all residents of the development. In
addition, at least 35 percent of the net land area in the development must be free of buildings,
parking, and vehicular maneuvering areas. This standard is met since 70 percent of the
proposed development, including sensitive features and stormwater management facilities, is
open space free of buildings, parking, and vehicular maneuvering areas. Based on the
renderings, the additional height is used to accommodate an additional half -story on the top
of buildings, which is stepped back to maintain light and air for the building, and the proposed
patios add usable outdoor space for residents.
Mix of Uses: The applicant is requesting a multi -family use and building type that is different
from what is typically allowed in an RS-8 zone. To allow this additional land use, the applicant
must meet all approval criteria at 14-3A-4C-1. Based on the following analysis, the proposed
use appears appropriate given the intent of the development and transitions to surrounding
areas.
VA
The proposed multi -family building adds to the already approved mix for senior housing in the
development. A mix of housing types, including single-family, two-family, and multi -family
dwellings, is encouraged in all residentially zoned planned developments. Offering additional
multi -family units will add to the development's ability to offer range of building types in such
a way that maintains compatibility between uses. The proposed multi -family building utilizes
similar architectural elements, scale, massing, and materials as the previously approved
single-family, multi -family, and commercial buildings.
Compliance with Comprehensive Plan: The Northwest Planning District does not have a
district plan, so the proposed development is reviewed using the IC2030 Comprehensive Plan.
The Future Land Use Map of IC2030 identifies the subject property as appropriate for residential
development at a density of 2-8 dwelling units per acre. The applicant proposes a density of 3.9
dwelling units per net acre which is consistent with the vision in the plan, even when the
additional density provided by the assisted living facilities is included.
IC2030 encourages a diversity of housing options in all neighborhoods and compact, efficient
development that is contiguous and connected to existing neighborhoods. The proposed multi-
family building adds to the developments ability to implement these goals by focusing on one of
the few remaining undeveloped in -fill parcels in Iowa City. In addition, it maintains the
development's ability to offer a full range of housing types, including single-family homes,
duplexes, townhomes, multi -family units, and assisted group living.
The Comprehensive Plan also encourages pedestrian -oriented development and attractive and
functional streetscapes that make walking safe, convenient, and comfortable. The proposed
multi -family development offers a rehabilitation and wellness facility for the development's
residents in a centrally located place, which provides an additional destination within walking
distance of homes.
Environmentally Sensitive Areas: The subject property contains regulated wetlands, a stream
corridor, slopes, and woodlands. The applicant submitted a Preliminary Sensitive Areas
Development Plan as part of the 2023 OPD rezoning. The proposed plan does not change
anything from the original Preliminary Sensitive Areas Development Plan.
Due to the proposed disturbance of the wetland buffers, a Level II Sensitive Areas Review was
required. No impacts were proposed to the existing wetlands. However, the City's Sensitive Areas
Ordinance requires a 100-foot buffer to be maintained between a regulated wetland and any
development activity (14-51-6E-1). The Ordinance allows a 50-foot buffer reduction for the wetland
according to 14-51-6E-3a of the City Code, where applicable standards are met as demonstrated
by a wetland specialist. In 2023, the applicant requested a 50-foot buffer reduction, and a wetland
specialist determined that all standards of 14-51-6E-3a were met. The requested buffer was
approved in 2023 as part of the Preliminary Sensitive Areas Development Plan. All standards
related to the stream corridor, slopes, and woodlands were also met. Conservation easements
were then established through the final platting process to protect the environmentally sensitive
areas.
Neighborhood Open Space: According to section 14-5K of the City code, the dedication of
public open space or fee in lieu of land dedication is addressed at the time of final platting for
residential subdivisions. Based on the 31.2 acres of RS-8 zoning, the developer was required to
dedicate approximately 1.08 acres to the City or pay a fee in lieu of land dedication. The applicant
requested to pay a fee in lieu of a public open space dedication, which equaled $140,467.39. That
fee was approved during the final platting process.
Storm Water Management: The Final Plat included a storm water management easement on Lot
EV
2 to accommodate stormwater management. Construction documents were submitted as part of
the Final Platting process and were approved by Public Works.
NFXT STFPS-
Upon recommendation from the Planning and Zoning Commission, a public hearing will be
scheduled for consideration by the City Council.
STAFF RECOMMENDATION:
Staff recommends approval of REZ24-0008, a proposal to rezone approximately 31.2 acres of land
located east of Camp Cardinal Road and north of Gathering Place Lane from Medium Density
Single -Family Residential with a Planned Overlay Development (OPD/RS-8) to Medium Density
Single -Family Residential with a Planned Overlay Development (OPD/RS-8) subject to the following
conditions:
1. Prior to issuance of a building permit, Owner shall contribute 50% of the cost of upgrading
Camp Cardinal Road to City standards from Gathering Place Lane to the future extension
of Deer Creek Road in accordance with 15-3-2 of the Iowa City Code. This contribution shall
include 50% of the cost of construction of the traffic circle at the intersection of Deer Creek
Road and Camp Cardinal Road.
2. In the event Owner desires to construct on -street angled parking, at the time of final
platting, Owner shall execute an agreement in a form approved by the City Attorney
obligating the Owner to maintain such spaces.
3. Prior to issuance of a building permit, a replat of the Western Home Gpd Subdivision
showing the removal of the Camille Court ROW and demonstrating consistency with the
Preliminary OPD and Sensitive Areas Development Plan must be approved.
ATTACHMENTS:
1. Location & Rezoning Maps
2. Approved Preliminary Planned Development Overlay and Sensitive Areas Development Plan
— February 7, 2023
3. Preliminary Planned Development Overlay and Sensitive Areas Development Plan —
Proposed
4. Building #103 Renderings
5. Applicant's Statement
6. Summary Report for Good Neighbor Meeting
Approved by: i ] .
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
ATTACHMENT 1
Location & Zoning Maps
ATTACHMENT 2
Approved Preliminary OPD and SDAP Plan — February 7, 2023
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Approved February 7, 2023
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TNBEE-BEDIRSOOM UNITS 8
ATTACHM CONDO (BUILDING #2)
IR,110 BF
22 UNITS 22 STALLS
DOMMEBUAL OPEN TO PUBLIC PER 250 SF 23206E 9STAll3
EDROOM UNITS 11
E9EOR00M UNITS11
—NFpUSE UNITS 2U
12D SF 2g400 SE
waroT. 31 $TALUS
Toro RA RKING REQUIRED T• ETLLLS
ME40R CARE 1 A556TFO WING —1 32
11,a00 sF
TOT. 133
190,TT5 SF
- FGROLP LMNGta�MEEMORYGIEESTIE INIENI00. 7fl STALLS
AVEMENT APFA(ECLUDES CAMP DAPHANAL 1)
1H.3,fi00 SF
EXTERIOR 12 STALLS
wa3 I 32 STA3I5
TOT.BUILD INGS AND Pn_ENT
TUTU DEVEWPMEPn AREA
114,11 SF
1,359,"'s
NET LAND AREA FREE OF DUILDIKS, PARKING, DRIVES
w,,205 EF
MNLI
BUILDING #lr slEs wTER100. 20 STILLS
&9 %
1➢I.AS INIENNO0. 20 STALLS
LAREA (AGES)
AUDHIPOI PARCEL 95DAO
11.
(SEE wAIwRaEQL53T#3) ER10R 9sTAI15
SUBTOTAL 29 STALLS
OUTLOTA-STANDAENAS
,.38
TOTAL
31.20
PRonoeo+ nsr.ls
RlGxroE-wnr (LOT A)
4..
• DOES NOT INCLUDE STREET PAR1uNG
v42
- EIRGR IE PARKING TO BE PROVIDED WITHIN THE PARKING 6T0.URIIRES
UNITS / ACRE
ASSUMES EALH MEMORY CARE OR
4.9
RAFFLD PROIEDID0IN GTE 11TH EDmON1:
Ar NT7ECTION DF DEER MEEK RonD AND GATHERING PLACO LANE
ASSISTED LIVING BED =1 UNIT
HOU9NG tt E —S P AY N0. U TIS DAILY Ps
ENIOR-SINGLEPAMILY• R4.31 N35 �151
COMMERDu uses OREN TO PUBLIC
WEST CONDO EU—NG
2,3205E
SENIOR DUPLEX- 431 a 35
SENIOR MULTI FAMILY 3 N 36 123
ALL COMMEKI. USES MUST MEET CH-1 STANDARDS
TOTAL 09
COUNTED
SENIOR WPLIX UNITS ARE As DETACHED'
REQUESTED WAPIERS
WAREDUGTION
RS,880.5E IOFIE DIMENSIOX. SFAXDAROS
NG'
SLOT AREA IlMINIIMUM
5,0005E
1 REZU FOR THE REAR BETEAIX ASSOCIATED YmH UNIT 9 FROM XFEET TO
LOT YrtmH
LOT ExoNTAGE
45 FEET
as EEET
z ON BEGS DE SAC FROM zs FEET
RNo E� REDUCTION TO 15
gTI'
—FEET
REQUIREMENTFORETRONrsBE SET
QRNREMENT PoRLNI15 TO BE SET 30"AwYE AD]A[ENT PUBLIC S[DEWUK
F0.ONT
15 FEET
(143A4K1a(411TOMAI—NACCESS11— HOTETHATADRIVEWAYOFATLFAST25
r PROVIDED FOR EAw UNIT ON THE WL DE SAC
GAME DOOR
SIDE
25 FEET
s FEET
3, REQUEST A REDUCTION OF TWO RRUIREO CQMMERGAL PARKING SPACES FOR EXTERIOR
REAR ^
20 FEET
A #2 DUE TO PROXIMITY TO SENSITIVE — (14 3A4E 4)
= REQUEST I6 REAR SETBAO(FOR UNIT
4 REQUEST A.NCREAsSEIN THE MA11MU1—LNG HEIGHT ERNI BS FOR 7 45 FOR
BUILDING#1 AND ELILDING#2 TO ADDRESS SITE TOPOGRAPHY (GRADE PLANE CALCULATION)
EFATURFS.
MULTIFAMILY 20XE DIMEXSIOWL STANMRDS
5, REQRo0F10P
UEST A REDUCTION 11 THE FRONT SEI&ACK ASSOCrar® WITH rowNHOME--E,
10 FEET
MULTI FAMILY BUILDLNGs FROM 20 FEET TO 15 FEET TO RE4AW LOBSarENT WITH OILIER
5 WLE FAMILY HD— WITHIN THE DEVELOPMENT
REAR
0 FEET
20 FEET
p
ZC NOTES
-1—ERREErs ARE PUBLIC
BUILDwG SEPuwTION
20 FEET
2. PAR GREQULREMER-ASsuME"ELDER APARTMENTS"
3. nLL CURD STORE FOR WATER 5ERNPOEGTO BE LOTATED wnHIN PUBLIC RIGHTaF-wnr WITH
T ON Tr IDIADORESSPFFMANENnYMARKEDONTHECURBSTOP
4, THEDEVELOPER/OWNERSHALLBERESPONSLBIE FORSNOWNEMOV.FROMTHEANGLED
\ —11 PARKING EVEN IHOUGH-15 PRE IN TH11-1 N(AR-0E-WAY
5. REFER TO SHE SAG -AND SADP-5 FOR LOT DIMENSIONS FOR THE -IMAGINARY' LOT LINES
REQUIRED BY PLANNING STAFF
331
ERNUT CT
we I c h
design development
""WESTERN HOME INDEPENDENT
LIVING SERVICES INC.
EF�M WESTERN HOME GRID
OF IOWA CITY
LEGEND:
UNITI ES:
BUNGLE -FAMILY CON.
pEY DESCRIPIWN OAiE
DUMFX CONDO(2 UNITS)
- UTV wBMITTAL #1
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09-L'I
1522
MULTI-UNF CONDO
--HE _
COTTAGES: MEMORY CARE
--CONCEPT PLAN - PRELIMINARY
PROTECTED SLOPE(>90"b)
PLANNED DEVELOPMENT OVERLAY&
IL
SENSITIVE AREAS DEVELOPMENT PLA
P1O1025
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Preliminary OPD and SADP Plan - Proposed
CARDINAL
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BUTTERNUT CT
FINAL PLANNED DEVELOPMENT
OVERLAY AND SENSITIVE AREAS
DEVELOPMENT PLAN
WESTERN HOME GPD
OF IOWA CITY
IOWA CITY, IOWA
APPLICATION NOTES APPLICANT INFORMATION
THE PROPOSED DEVELOPMENT AND ASSOCIATED
PUBLIC IMPROVEMENTS WILL IMPACT LESS THAN
35%OF THE CRITICAL SLOPES. THE REDUCTION
OF THE REQUIRED WETLAND BUFFER WILL
REQUIRED A LEVEL II SENSITIVE AREA REVIEW.
NEIGHBORHOOD OPEN SPACE REQUIREMENTS
WILL BE MET VIA "FEE IN LIEI" PAYMENT.
PROPERTY OWNER
WESTERN HOME INDEPENDENT
LIVING SERVICE, INC
5703 CARAWAY LANE
CEDAR FALLS, IA 50613
DEVELOPER
WESTERN HOME SERVICES, INC
5703 CARAWAY LANE
CEDAR FALLS, IA 50613
CIVIL ENGINEER
WELCH DESIGN AND DEVELOPMENT
MICHAEL I. WELCH, PE
PO BOX 679
NORTH LIBERTY, IA 52317
(319)214-7501
SHEETINDEX
SHEET SHEET SADP-1 REGLUATEEDTED SLOPES
SADP-2 WOODLANDS
welch
'1 Shoemaker
Haaland
E"ENiWESTERN HOME INDEPENDENT
NAM LIVING SERVICES INC.
E WESTERN HOME GPD
OF IOWA CITY
IMPACTED STEEP SLOPES:
IMPACTED CRITICAL SLOPES:
PROTECTED SLOPES:
REGULATED SLOPE LEGEND:
_ocO N
—A AC
AT—
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—A AR
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AR
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TOTAL rnPA�ED
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1111
TOTAL rnPA�ED
TOTALCRTCALILOPE
,31,,,
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PLANNED DEVELOPMENT OVERLAY&
SENSITIVE AREAS DEVELOPMENT PLAN
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AS—
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RO 1025
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SADP-1
CARDINAL PARII & TRAFFIC DATA GENERAL SITE DATA
10INTE-101-TH 11=1TEIBRECHUNI 111MINTS —T —NT
PARTDTWO C, B, A, 1
IT IN, 'E'UHRICARE I PER C IFIE 11 IFIE 11 STALLS COUNT AREA TOTAL
IS
I PER EACH STAFF 11 STAFF — ANCLE FADOULINITS 11 El 11,— EF
E..T.— El ENNHIS ' LE-'N SE IF
'LL1111EPCON11 111—INC 11111 IF EF
30STREAM CORRIDOR — Ll FAMILY 1111 INDEPENDENT ELDER I PER UNIT 11 UNITS 11 STALLS T=" INI I
T 'M ,
ATTACHED CONDO ASIILDINC IFFIR IDIII EF
50'STREAM ESUFFE — UNITE
EN FlIN 11 IHEET KS' BEDROOM P
AUDITOR'S 'T�D I IT... NDEP"NEN'T"ELLIER I PER UNIT 11 UNITS 11 STALLS
CARDINAL CARDINALRIDGE PTWO
PARCEL CARDINAL RIDGE CARDINALRIDGECOMMERCIAL OPEN TO PUBLIC I PER Sll SE ., ED I STALLS E RD IT 8 HEIGHTS PART T 0 99051 PART TWO PART RE ITTICTHRECIBNEDDI (BOIMILUNNISIIII) IDIII SO
60 T=M UN
BK41 PG1 14 T OM U
SHAGBARK CT MUIINDEP`N`FN`TCLDER I PER UNIT 11 UNITS 11 STALLS N'TS
E..T.— 11 ENNHIS TOWNHOUSE UNITS SO T.1 SE zURUI SO
T.T BARECUUN. REQUIRED ENNHIS I TOTAL
CARE / ISEDIED LIVING BEDS 11 11 PRO SO
IF, HIS111 SO
OFF STREET BARECUUN. BR—K.E.
— — — — — - — — — — — — — — — 7'Il CROUP LIVING MEMORY CARE SITE INTER R I �I�S 'lVEMEBNLRDREl EEINDUPDEVECA ME CARDINAL RD) — AYER�O OR S To L N M 117 11 SO LOT 1 IMAGINARY LOT LIME C A A NT
�4'us' IS 1,5L8,8 Ac, SHOWN FOR ZONING SUBTOTAL IS STALLS TOTAL DEVELOPMENT AREA I
L EXISTINGBUILDING 4P VET LAND AREA FREE OF BUILDINCS, PARKINC, DRIVES 151R51 SO
POND IAMILI SITES
16 RESIDENTIAL 'UMTS 70ILLF SO 1 1.
POOL 2' "IS
0 CA 3 STORIESIIII RE SHAGBARK CT PC
SINGLOSTORf BUILD�N IS �NTEZR �7 STA OT AREA (ACRES) C, SO
Il ARDINAL EMA�IVI�14'1�YNEI�Tlll SEE AIVER REQUEST 11) EATERIOR 11 STALLS
IF H N "E'II II BUILDINC 111C IN
32 COMPLIANCE (TYPICAL EXISTING PIPEONE FTER R 2C -A��S IICTT I-AITOTS D 11 ER�O
RA OR IF EY
LET SERENE BK341 PG248 SUBTOTAL STALLS ET ACREACE 11
u
F JN ITS / ACRE 5 1
TOTAL M11- P101111IR BYHN ENNHIS ASSUMES EACH MEMORY CARE OR N
C DOES OT INCLUDE STREET
PARKINC ASSIPHED LIVINC BED - I UNIT
BICYCLE PARKINC TO BE PROVIDED SHTYIN THE PARKINC STRUCTURES COMMERCIAL USES OPEN TO PUBLIC BUILDINC 'UPS 21 ISE OR
26 0 FIT BUILDINC 111C 4� UP SO
B?k 9" T T I N TERDE' TION' TO'FODNE FR`MREEKH RED AD OND C ATH ED I PC PH ACE L AN E DAILY TRIPS ALL COMMERCIAL USES MUST MEET CN I STANDARDS
0 PC T' TEEIPS PER DAY NO UNITS
HENZE APPLE FAMILY 4C, 2, 125
OR DU 4 15 11 IONI 11"INIKONALITAN .....
20 C CA, ANCLE FAMIULLOYE
IRINTENANCEsD SE S N R MUPUF`FAMILl 24' 4'
FIl �OTARJEA MINIMUM 5,111 SO 3.mB SE DTH 45 FEE T
'F T To
LOYLLUST A -SENIOR BUFFER UNITS ARE CO—D AS DETACHED
LOT FROULACE 4, FEET
AUDITOR'S LOT 2 'Q" I' SE=
CARDINAL PARCEL 'I RQUS"REDUCTION FOR TILE REAR SETBACK ASSOCIATED WITH UNIT I FROM 21 FEET TO 15 FEE
HEIGHTS 99051 09, 7 1. Ac 3E5 11 FEET IARANE DOOR 25 FEET
BK41 PG1 14 U I -JI I BUTTERNUT CT 1 2 REQUEST A REDUCTION FTFOLERPROSUL011ACT BUOS DAPEAC FNTM 2B5UFCEEND To 1 5 FEET SIDE 3 FEET Q IREMEN R NIT BE SE COC BE 'ACE PU SSALK DEAD 2 FEET
WAIVE
ON S
— — — — — — — T C P) TO MAINTAIN ACCESSIBILITY NOTE THAT A DRIVE.Al OF AT LEAST 25 - RE E T 11 REAR SEKACK FOR UNIT I
BUILDING —Z LL SILL BE ROVIDED FOR EACH UNIT ON THE CUT D E C C REQUEST A REDUCTION OF KSO REQUIRED COMMERCIAL
OMM ERCIAL PARKINC SPACES FOR E.TERIOR M—K-1—Y R.NR .—N.K.— STANDARDS
NEIGHBORHOOD — MOIERCIAL -4 IRI ATER
RESIDENTIAL EN LION PARKINC FOR BUILDING"
DUE 4 SE=
4 RAUDEST AN 3 SERDRIE ILL TILE MTOI=ITN0=AS (FOFCAF54)FOR 21 FEET
BUILDING
T BULL 1112, AND BOLDING 1113 TO ADDRESS SITE TOPOGRAPHY (GRADE SIDE UP FEET
P— — — — — -- - 5 REPLANE CALCULATION) AND ROOFTOP FEATURE S 'EAR 21 FEE T QUEST A REDUCTION FOR LYLE FRONT SE ACK ASEAYCI—D lITH TOINHOMESILLEL, BUILDINC SEPARATION 2, FEET
N CONSISTENT WILY
MULTI FAMILY BUILDINCS FROM 21 FEET TO 15 FEET I REMAD OTHER
DEER C SINILEIAMI L, HOMES WITHIN THE DEVELOPMENT
MKN- M.—K—K.N
IL I A CAN EEK A FFEC�TJYENMTO ACAMILOPFEET PARKINC I BE LOCATED
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'11 1�11PA'T'N�l EC ST APO DETODE I BUI=ID- DEVELOPMENT STANDARDS
UB HOUSE 'FURE, SN�IT ED 343 FORPARKINCREQUI INC PARKINC TO BE LOCATED BEHINDS THE BUILDINC -EST-
CE D 20 EA ERIENT BUTTERNUT IT TOPOCRAPHYL AND SENSITIVE
16RBI ENTIALUNITS BASIN BUILDINI IMPRACTICAL THE ARK='PE
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Li A -�5 HE BEDS - RENOR) E 331 NOTES NANEEI
I w 1 16 BEDS - ASSISTED UP ING BUTTERNUT AT I ALL SHE"E" ARE PUBLIC
130 INTERIOR PARKING STALLS TURNAROUND 2 PARKINC REQUIREMENLE ASSUME ELDER APARTMENTS welch
A201 B, AND STUB PAVEMENT TO C ALL CURB STOPS FOR ATER SERVICES TO BE LOCATED SHLHIN PUBLIC RICHT OF Al SHTH AP—I.'—rN
SOUTH. HIM. 39 RAD. AT CONNECT TO RGE UN D EN MARKED
CURB
U 'STOP EXIST INS 1 0 PAVEMENT Shoemaker
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L I TH O=N
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� [ w .31
B"I'l 1 5 REFER TO EUEE=TAFFSADP 5FORLOTDIMENSIONSFORTHE IMAGINARY LOTLINES A.LS Haaland
u A16 I. REQUIRED "P �LIENT
D ST ANDREW PRESBYTERIAN WESTERN HOME INDEPENDENT
CHURCH —PART ONE LEGEND:
LIVING SERVICES, INC.
UNIT TYPES NIRE.
CARDINAL PI
HEIGHTS NCLEIAMILl CONDO —KOUT
WESTERN HOME GPD
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[--] DECIAIN Ll
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CITY EUBMI—
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0
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CAMP CARDINAL COTTACES MEMORY CARE SHEET N66NCEPT PLAN - PRELIMINARY
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I PROTECTED SLOPE CI PIPS PLANNED DEVELOPMENT OVERLAY &
CARDINAL VILLAS CONDOMINIUMS SENSITIVE AREAS DEVELOPMENT PLA
2 PROTECTED SLOPE BUFFER Fl— NI — R—El HEET NIB ED YY 1� JR111V 11HEET NIR 025 CH
CONSTRUCTION ARIA LUKU I I'Ti4Z024 SADP-3
reOPO�reAreoEreE�reoOo=TreEE
\ o r 30 ' 29 \ LOT 1 / \� .OPO..re A reEENTreEE TreEE
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_� - u DURING HOME CONSTRUCTION. I I - -22
M�TTAL as
I /
I
_ E-_ ==J CONCEPT LANDSCAPE PLAN
F Landscaping Plan is subject t. Zoning Code standards which will be reviewed with the site plan. The plan shown here is a concept and is subj.d to change in compliance with those standards.
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Welch
1� 5T — design. development
-LIENT
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LIVING SERVICES
, INC
WESTERN HOME GPD
OF IOWA CITY
STREET TREES SHALL BEINSTALLED BYLOT OWNER
DURING HOME CONSTRUCTION.
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ATTACHMENT 5
Applicant's Statement
October 27, 2024
Eelch
design +development
APPLICANT'S STATEMENT FOR REZONING
Western Home GPD IC
Please accept the following Applicant Statement submitted on behalf of Western Home Independent Living
Services.
Western Home Communities was founded in 1911 and is a non-profit community service organization based in
Cedar Falls, IA with senior living communities throughout northeast and central Iowa. Western Home owns and
manages independent living communities (over 900 units), multiple assisted living communities with specialized
memory support, nursing cottages and over 250 villas for active living. In addition, the main campus includes a
wellness and community center with a swimming pool, walking track, event center, salon, market, two
restaurants and outpatient therapy.
Western Home is excited to become an asset to the Iowa City community and is submitting the rezoning
application to request a change in zoning to allow for the development of a senior housing community with
continuum of care options in a mix of single-family homes, condominiums, townhomes, assisted living/memory
care cottages and a community center on approximately 31 acres. Nearly one-third of the property will remain
undeveloped to preserve and protect woodlands and sensitive slopes.
The intent of this rezoning application is to make a modification to the rezoning and associated OPD plan
previously in December 2022. There were three changes to the site. The first change was the removal of one
home along the east side of Clara Court. This home was removed as a result of further analysis of the site
grades. Removing this unit allowed for a reduction in the amount of retaining wall required. The second change
was to the street grades along the south end of Gathering Place Lane. The street was lowered in this area to
convert four units from walk -out style to slab -on -grade style homes. The third change converts the Camille
Court area from five single-family, walk -out style homes to a single building with rehabilitation and wellness
areas for residents on the ground floor and two levels of congregate living above the ground floor. Each change
was made in response to Western Home's analysis of the market conditions and feedback from potential
residents. These changes allow Western Home to offer a greater variety of cost options for future residents.
The horizontal improvements, including grading and utility installation, are currently underway. Roadway
paving is anticipated to occur later this year. The single-family homes and duplexes will be the first to be
constructed, followed by the three multi -family buildings, and townhomes. The final phase will include the
assisted living/memory care cottages, but that timeframe may move up depending on demand. The entire
development will be constructed and completed in five years.
Thank you for your consideration of this rezoning application.
Sincerely,
.,UIIw.�
Michael J. Welch, PE
Welch Design and Development, LLC Page 1
Project #1025
ATTACHMENT 6
Summary Report for Good Neighbor Meeting
Summary Report for
Good Neighbor Meeting
Project Name: Western Home GPD IC
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CITY OF 10"'A CITY
Project Location: Gathering Place Lane
Meeting Date and Time: November 6, 2024, 4:00 - 5:30 pm
Meeting Location: St Andrew Presbyterian Church, 140 Gathering Place Lane, Iowa City
Names of Applicant Representatives attending: MichaelWelch- Shoemaker&Haaland(formerlyWelch Design and Development)
Pat O'Leary, Kris Hansen, Angela Evans, Andrew Finnegan, Western Home
Names of City Staff Representatives attending: Rachael Schaefer
Number of Neighbors Attending: 8-10 Sign -In Attached? Yes No X
General Comments received regarding project (attach additional sheets if necessary)
5-6 Neighbors who currently live to the east in Walnut Ridge attended. The head of their HOA did not receive
notification of the meeting but his neighbor told him about it. Their comments were centered on how visible
the new building (Bldg 103) would be from their properties in Walnut Ridge. There was also discussion regarding
the fact that the plan being presented was identical to the plan presented to them during the original rezoning
other than the changes on Camille Court. 2 or 3 neighbors from the Cardinal Ridge neighborhood attended as well
Their comments were focused on understanding the project limits and ensuring that the woodlands would remain.
Concerns expressed regarding project (attach additional sheets if necessary) -
Building height and visibility (or lack thereof) from Walnut Ridge
Walnut Ridge neighbors wanted assurance that the plan would not extend sidewalks or roads into their
neighborhood.
Walnut Ridge neighbors were concerned that the project proposed would construct a large-scale building similar
to what was proposed a number of years ago before Western Home was involved with the property. They were relieved
to learn that there would not be a large-scale building.
Will there be any changes made to the proposal based on this input? If so, describe:
No changes are being proposed. The neighbors seemed reassured that the proposed project was
maintaining single-family, and modest congregate living buildings. They also expressed support for the
planned variety of the exteriors of the single-family units.
Staff Representative Comments
Item Number: 12.c.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
December 10, 2024
Resolution lifting the moratorium on the issuance of new tobacco permits in Iowa City, Iowa
adopted May 7, 2024 via Resolution 24-129.
Prepared By:
Reviewed By:
Fiscal Impact:
Staff Recommendation:
Commission Recommendations
Attachments: Resolution
Eric R. Goers, City Attorney
Kellie Grace, City Clerk
None.
Approval
N/A
Executive Summary:
Having completed their work on studying means by which to mitigate the harms of tobacco
and tobacco alternates usage, the Council adopted a zoning ordinance imposing distance
separation requirements for tobacco retailers. Upon the publication date of that ordinance,
rendering it effective, the moratorium shall be lifted.
Background / Analysis:
Lifting the moratorium early will allow changes in ownership and other new tobacco permits to
be issued, consistent with the tobacco zoning ordinance which will by then be in effect.
Prepared by: Eric R. Goers, City Atty., 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
Resolution number 24-297
Resolution lifting the moratorium on the issuance of new tobacco permits in
Iowa City, Iowa adopted May 7, 2024 via Resolution 24-129.
Whereas, Council adopted the moratorium on issuance of new tobacco permits on May
7, 2024 in order to study how to mitigate the impacts of tobacco, tobacco products,
alternative nicotine products, and vapor products on public health within the Iowa City
community, including, but not limited to, regulating the issuance of new retail tobacco
permits; and
Whereas, over the course of numerous meetings, Council discussed and debated a
new ordinance imposing distance separation requirements between tobacco retailers;
and
Whereas, having completed their work and adopted the referenced ordinance, Council
wishes to lift the moratorium before the December 31, 2024 expiration.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
1. The moratorium on the issuance of new retail tobacco permits adopted on May 7,
2024 via Resolution 24-129 shall be lifted upon publication of Iowa City Ordinance
24-4941.
Passed and approved this loth day of December _'2024
Attest:
City Clerk Mayor
Approved by:
G .
City Attorney's ffice
(Sue Dulek — 12/04/2024)
Resolution No. 24-297
Page 2
It was moved by Moe and seconded by salih 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: 12.d.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
December 10, 2024
Resolution establishing the City of Iowa City's 2025 state legislative priorities.
Prepared By: Kirk Lehmann, Assistant City Manager
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: None
Staff Recommendation: Approval
Commission Recommendations: N/A
Attachments: Resolution - 2025 Legislative Priorities
Executive Summary:
Prior to the start of each State of Iowa legislative session, the City Council traditionally adopts
state legislative priorities by formal resolution and communicates the City' s positions on
those issues to our elected delegation. The City's 2025 state legislative priorities were
developed based on issues impacting the community and City Council priorities, including the
City's 2023-2028 Strategic Plan.
Background / Analysis:
Prior to the start of each State of Iowa legislative session, the City Council traditionally adopts
legislative priorities and communicates the City's positions on those issues to our elected
delegation. The 2025 State of Iowa Legislative Session will commence on January 13, 2025.
This session marks the start of a new biennium (91 st Iowa General Assembly). The City has
contracted with Carney & Appleby to provide consultant and lobbying services. This contract
was renewed in 2022 and will continue to be executed for the 2025 legislative session.
The 2025 state legislative priorities were developed in alignment with Iowa City' s Strategic
Plan process and previous City Council discussions on priority issues. As in prior years, the
City's state legislative priorities also express support for the aligned legislative efforts of the
University of Iowa Student Government, the League of Cities, and the Iowa Metropolitan
Coalition.
Prepared by: Kirk Lehmann, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5014
Resolution No. 24-298
Resolution establishing the City of Iowa City's 2025 state
legislative priorities
Whereas, the Iowa City City Council seeks to encourage legislation that enhances the quality of life
for residents in Iowa City as well as the State of Iowa; and
Whereas, the City of Iowa City and other cities play a critical role in the future of the State of Iowa;
and
Whereas, it is in the interest of the residents of Iowa City that the City Council establish legislative
priorities and convey said priorities to our State delegation and other relevant stakeholders.
Now, therefore, be it resolved that the City Council of the City of Iowa City, Iowa hereby outlines its
legislative proposals to the Iowa City area legislative delegation for the 2025 Iowa State legislative
session as follows:
Strategic Plan Value: Climate Action
Support climate action initiatives.
Support initiatives and legislation that further the goals contained in Iowa City's Climate Action
and Adaptation Plan and Accelerating Iowa City Climate Actions report. Iowa City encourages
the State to adopt the 2021 International Energy Conservation Code and provide cities the ability
to make local amendments. The City also encourages the State to initiate a statewide climate
action plan and invest directly in environmental and ecological efforts that will support all Iowans.
Support legislative changes to allow investor -owned utilities (such as MidAmerican
Energy) to implement community solar projects.
Also known as "Virtual Net Metering", this allows residents to buy into community solar projects
for utility bill credits. This could be an excellent solution for interested rate users who don't have
space, ownership, or sunshine for their own solar installation.
Continue funding the Resource Enhancement and Protection (REAP) program.
The REAP grant program has been critical for the ecological restoration and protection of Iowa
City's natural resources, park areas, and open spaces. In the 2021 Session, REAP was re-
authorized to receive $20 million in funding until Fiscal Year 2026. However, the state legislature
has appropriated only $12 million the past several years. The City encourages the State to
continue supporting REAP annually and to increase the annual appropriation to ensure
continued conservation of Iowa's natural resources.
Strategic Plan Value: Racial Equity, Social Justice, and Human Rights
Expand State support for efforts to address the housing affordability crisis.
There is a housing affordability crisis across Iowa because the supply of housing of all types
and price -points is not adequate to satisfy the growing demand. This crisis is especially acute
for low- and moderate -income residents. Specifically, the City requests that the State expand
programs that can help defray the cost of increasing the supply of housing, such as the
Workforce Housing Tax Credit and Historic Tax Credit programs. In addition, the State should
bolster funding for local Housing Trust Funds and develop new affordable housing programs
that assist with construction, rehabilitation, and rental assistance to ensure access to safe and
Resolution No. 24-298
Page 2
affordable housing for all. At the same time, Iowa City encourages the State to maintain support
for federally funded housing and shelter programs, and to continue empowering and providing
resources to local governments to directly address the housing crisis.
Support legislation protecting the rights of manufactured housing residents.
Sales of manufactured housing communities across the state and the resulting impact on those
communities has led to discussions at both the state and local levels regarding how best to
protect the rights of families living in these communities. The City of Iowa City supports rights
for the residents of manufactured housing such as rent protections including a statewide cap on
frequency and percentage of increases and lengthened notice periods for proposed increases;
uniform good cause eviction statewide standards; fair fee regulations including standardized
time frames for assessing late fees; and fair lease provisions and effective enforcement
mechanisms to combat illegal provisions.
Additionally, when manufactured housing communities are up for sale, residents should be
offered the first right of purchase and be protected from premature eviction during the pursuit of
local ownership. If displacement is forced as a last resort, the owners profiting from the sale of
the park must be required to provide fair relocation assistance. The City also encourages the
State to consider a tax credit program that incentivizes the transfer/ sale of land to residents of
the community, allowing them to build equity, and protects against "bad -actor' ownership.
Strongly encourage State regulation of Kratom.
Kratom is listed as a "drug of concern" by the federal Drug Enforcement Administration (DEA),
and the federal Food and Drug Administration (FDA) has concluded from available information
that kratom is a new dietary ingredient for which there is inadequate information to provide
reasonable assurance that it does not present a significant or unreasonable risk of illness or
injury. Based on determinations by the FDA, kratom is not lawfully marketed as a dietary
supplement and cannot be lawfully added to conventional foods. There are no drug products
containing kratom or its two main chemical components that are legally on the market in the
U.S. The FDA has not approved any prescription or over-the-counter drug products containing
kratom or its two main chemical components.
Because of concerns relating to kratom, Iowa City recently considered banning the sale and
distribution of kratom products in City limits to protect the health, safety, and welfare of area
residents. Ultimately City Council deferred the ban because state regulation of kratom products
is a more appropriate approach that can effectively regulate all aspects of concern, including
the manufacture, sale, and distribution of kratom products. City Council strongly urges the state
to consider regulating kratom, including the establishment of requirements for permitting, age
restrictions, adulteration and contamination, testing and sampling, strength, and labeling.
Support reform measures to reduce racial disparity in the criminal justice system and
address systemic racism.
In the State of Iowa, Black people and persons of color are a small percentage of the population
but are significantly overrepresented in the criminal justice system. Discriminatory criminal
justice policies and disparate enforcement outcomes should be addressed through statewide
standardized and streamlined data collection for traffic stops, uniform minimum implicit bias and
cultural competency training requirements for law enforcement, and decriminalization of small
amounts of marijuana. Additionally, the City requests the State continue to support local
community police review boards and their ability to provide reasonable oversight.
Resolution No. 24-298
Page 3
Law enforcement agencies also need expanded legal avenues for addressing hate related acts.
Currently, the State Hate Crimes provision, Iowa Code Chapter 729A, enhances the penalty for
certain crimes when they are committed because of a person's race, color, religion, ancestry,
national origin, political affiliation, sex, sexual orientation, age or disability, but harassment and
trespass with the intent to harass are not included as enhanceable offenses. Iowa City
encourages the State to amend the existing Iowa Hate Crimes law to include harassment as an
enhanceable offense.
Provide adequate funding for localities to implement a mental health care continuum of
services responsive to local need.
Iowa City encourages the State to enhance and expand support for mental health care.
Specifically, the State. is encouraged to provide additional funding to local governments and
nonprofits to ensure access to affordable mental health services for all residents and to enhance
the capacity for mental health care in Iowa. This includes but is not limited to investing in
Assistive Outpatient Treatment (AOT) and increasing the reimbursement rates for mental health
providers.
Protect the freedom of movement for people using local public transit.
Thousands of Iowans depend on public transportation for work, education, healthcare, and
many more daily needs. Currently, state law prohibits cities from enacting common sense safety
protections for riders and drivers, such as weapon prohibitions. The City requests that the State
allow public transportation providers the ability to restrict the open carrying of weapons while
utilizing services. Current law would require scanning people and providing an armed guard on
a bus to allow a weapon ban on public property. The high cost of such provisions makes it
impractical to provide common sense safety protections for users of public transportation.
Expand access, affordability, and quality of early childhood education and care.
Ensuring there are adequate, affordable, and quality childcare and early childhood education
options is an essential component to growing Iowa's economy and supporting Iowa's workforce.
As such, the City encourages the State to expand access, affordability, and quality of early
childhood education and care. Specifically,, the City supports increased funding for the Child
Care Assistance (CCA) program and reimbursement rates for CCA providers to ensure parents
who wish to enter the workforce can find and afford quality childcare. In addition, the State
should provide additional financial support to childcare providers to expand the number of
available childcare slots and enhance wages to improve the attraction and retention of these
vital workers.
Strategic Plan Value: Partnerships and Engagement
Support the University of Iowa Student Government (USG) legislative agenda.
Iowa City stands with USG in encouraging the State to pursue its legislative agenda as
University of Iowa students represent a significant portion of our community. USG priorities
include increased funding for mental health resources at the University of Iowa in response to
heightened demand for mental health services; prioritizing the clean-up and conservation of the
Iowa River due to its significance to the communities it serves; and legalizing fentanyl test strips
to ensure students on campus and residents of Iowa are safe from this dangerous substance.
Iowa City lends its support to these priorities and encourages state action.
Resolution No. 24-298
Page 4
Support the continued excellence of the State's primary, secondary, and higher
education institutions and advocate for additional education funding.
Iowa's primary and secondary schools are fundamental drivers of the State's economic growth,
standard of living, and future prosperity. It is essential for the success of the State and our local
communities that support for our public schools is a top priority in the State's budget.
The University of Iowa plays a critical role in the supporting statewide economic, social, and
cultural growth. It is important the State of Iowa provides the university the needed resources to
ensure the university's continued ability to facilitate growth opportunities in varied sectors of the
business community. The City encourages the State to carefully consider and support the
legislative and financial priorities of the University of Iowa.
Allow smaller metropolitan areas to coordinate transit at a regional level.
Iowa currently allows counties with a population of at least 175,000 to form a regional transit
district to coordinate public transportation and facilitate travel throughout the region. However,
this population threshold is arbitrary, and only two counties in Iowa can utilize this provision as
of 2024. Iowa City encourages the State to reduce the population threshold to allow any
metropolitan city to pursue a regional transit district where agreed upon by local governments
within the region. This will only serve to enhance local transportation options.
Protect Home Rule authority for local governments.
Local governments are uniquely positioned to respond to the needs and priorities of residents
and taxpayers. Cities innovate in response to local conditions and implement new ideas that
can benefit the State as a whole, and more closely reflect the priorities of the public we serve.
This includes local flexibility in local building codes, revenue options, and land use decisions.
Reinstate voter -approved public library levies and evaluate the effects of recent property
tax legislation prior to additional changes.
97 communities in Iowa, including Iowa City, approved a special library levy as part of their
public library funding structure, which provided direct allocation of tax revenues to library
budgets. These levies were supported by public votes. The loss of the library levies resulting
from recent legislation (HF718) means that resources formerly allocated directly to libraries are
no longer available to support voter -backed services. Iowa City advocates for reinstating voter -
backed levies that were eliminated with the 2023 property tax reform legislation.
In addition, HF718 phases out several other levies through FY2029, at which point the Adjusted
City General Fund Levy will be capped at $8.10. However, it appears additional property tax
reforms are being discussed for the upcoming legislative session. It is premature to consider
further changes to the property tax structure of cities until the impacts of HF718 on core public
services such as police and fire protection can be meaningfully evaluated. If further property tax
reform is considered, then the provision of core public services must be supported by new
supplemental revenue streams to ensure Iowans can continue to receive the same high quality
of service they have asked of their local governments.
Support legislative efforts of the Iowa League of Cities and the Metro Coalition.
In previous years, Council's adopted priorities included support for the legislative efforts of the
Iowa League of Cities and Metropolitan Coalition, an organization comprised of the State's
largest cities. Council's 2025 legislative priorities reaffirm support for these efforts.
Resolution No. 24-298
Page 5
Passed and approved this loth day of December 12024
.
Attest: )��' C-' C�
City Clerk
It was moved by salih
and upon roll call there were:
Ayes:
Mayor
and seconded by
Nays:
Moe
Approved by
City Attorney' Office-12/04/2024
the Resolution be adopted,
Absent:
x Alter
Bergus
Dunn
Harmsen
Moe
Salih
Teague
Item Number: 12.e.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
December 10, 2024
Resolution adopting an update to the Iowa City City Council Strategic Plan for Fiscal Years
2023 through 2028.
Prepared By: Kirk Lehmann, Assistant City Manager
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: None
Staff Recommendation: Approval
Commission Recommendations: N/A
Attachments: Resolution
FY23-28 Strategic Plan Update
Executive Summary:
In 2022, City Council engaged in a strategic planning process to define the City's guiding
values, prioritize significant new projects and initiatives, and establish an aspirational vision
for the City's future. East Central Iowa Council of Governments (ECICOG) facilitated the
strategic planning process which included Council member interviews, a staff -led
environmental scan, Council and staff visioning and brainstorming sessions, and Council
prioritization and refinement of the strategic initiatives. The plan builds on the City's previous
strategic priorities and helps define the City's values, priority impact areas, resources, vision,
strategies, and action steps through Fiscal Year 2028.
Since adoption in December 2022, the City has made great strides in executing the Strategic
Plan. However, it's important to periodically update action steps every few years to account
for changing circumstances.
At a work session on October 22, 2024, ECICOG facilitated a City Council review of the
Strategic Plan. The review reaffirmed the vision and strategies in the plan and allowed
Council to revise some action steps to make adjustments, provide clarity, account for
changing circumstances, and further focus City resources. A resolution to update the
Strategic Plan in alignment with these changes has been drafted for Council's formal
consideration. City staff will continue to be responsible for coordinating implementation and
execution of these goals through Fiscal Year 2028.
Background / Analysis:
The Strategic Plan Fiscal Years 2023-2028 outlines the City's values, impact areas, and
resources needed to execute the overall strategy. Included within each of these components
are corresponding visions, strategies, and specific action steps with timelines for initiation and
completion. Below is a summary of substantive changes included in this Strategic Plan
update by each of the plan's impact areas and for each of its resource types.
Neighborhoods & Housing. Most changes in this section revolve around modifying
language to better clarify the City's rationale, readjust timelines based on current priorities,
and reflect intended activities and outcomes. It includes a new action step to renew the
Climate Action Plan with an additional focus on the resilience of the community in the face of
climate change.
Mobility. This section incorporates several minor changes to help focus desired outcomes,
clarify champions, and reflect past work, in addition to a substantial revision that broadens
the action step about evaluating flex zones as part of a Burlington Street road diet to look
more holistically at addressing the most acute roadway safety issues and creating safe
streets across the City. It also includes removal of the action step about expanding snow
clearing operations following an initial exploration phase that found it to be cost prohibitive.
Economy. Changes are primarily intended to reflect current work being undertaken by the
City and to ensure more realistic timelines. In addition, two new action steps were added:
pursuing a public -private partnership for 21 S. Linn Street and continuing to diversify and
strengthen the tax base by collaborating with existing companies and cultivating opportunities
for new businesses.
Safety & Wellbeing. Minor modifications in this section are intended to increase the
specificity of action steps. There are also three new actions which include expanding data -
informed decision -making in City public safety operations, reducing the prevalence of private
lead water service lines, and continuing to build neighborhood -based resilience hub
partnerships. The new actions are balanced by the removal of the action step that
encourages continued growth in the relationship with the University of Iowa College of
Nursing to increase participation in the Healthy Homes program.
Facilities, Equipment, & Technology. Changes expand upon the rationale and intended
outcomes of actions and adjust anticipated timelines. In addition, the plan refocuses the
action relating to data -informed decision -making and removes the action relating to a central
open data platform based on current goals and priorities.
People. Most adjustments to this section are minor. However, two actions relating to
developing minority recruitment networks and launching apprenticeship programs are
consolidated into a comprehensive action focused on building diverse, resilient talent
pipelines and innovative career pathway initiatives.
Financial. The only change in this section is to mention that considering Franchise Fees as
an alternative revenue source may be necessary given the challenging budget environment.
Formal adoption of these updates by City Council will allow staff to continue implementation
of existing and revised actions in the Strategic Plan while allowing for the prioritization of new
actions. Regular progress updates will continue to be provided through an annual status
report and ongoing updates through City Council work sessions, regular formal meetings,
and other City communications platforms.
Prepared by: Kirk Lehmann, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5014
Resolution No. 24-299
Resolution adopting an update to the Iowa City City Council
Strategic Plan for Fiscal Years 2023 through 2028.
Whereas, the Iowa City City Council seeks to ensure that all City services are provided in the most
equitable, effective, and efficient manner possible; and
Whereas, the Iowa City City Council strives to set policies that best reflect the preferences of Iowa
City's residents, is in the City's long- term interests, and helps to foster the City and local governance
that our residents desire; and
Whereas, the City Council members undertook a strategic planning process in 2022 to identify,
prioritize, and articulate this policy direction; and
Whereas, City Council adopted a Strategic Plan for Fiscal Years 2023 through 2028 on December
6, 2022 in Resolution 22-304 which reflects this policy direction; and
Whereas, the City Council members reviewed the plan in October 2024 and reaffirmed its vision
and strategies but revised some action steps to make adjustments, provide clarity, account for
changing circumstances, and to further focus City resources; and
Whereas, the attached Strategic Plan for Fiscal Years 2023 to 2028 dated December 2024 has
been revised to be consistent with those changes identified by Council and should be adopted; and
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa hereby adopts the
attached Strategic Plan for Fiscal Years 2023 through 2028.
Passed and approved this loth day of December , 20 2/_.
Ma r
Approved by
Attest: 1,Ge "
City Jerk- City Attorney's frice-12/04/2024
Resolution No. 24-299
Page 2
It was moved by Rergjis and seconded by Ga 1; t, 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
Strategic Plan
FISCAL YEARS 2023-2028
Adopted December 2022
Updated December 2024
02 -W,0%0N%. , ift-AW"h- 0
74
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CITY OF IOWY CITY
UNESCO CITY OF LITERATURE
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PLAN OVERVIEW
The strategic plan summarizes the vision, strategies and key action steps for the City Council and staff
through the five-year planning period. The City's plan also advances the goals set forth in the Better
Together 2030 Johnson County All in Vision, and regionally in the Envision East Central Iowa
comprehensive economic development strategy. The City's pre-existing strategic priorities, developed
over several years, served as the foundation of this plan. Drawing upon previous planning work, studies
and community conversations, the City Council and City staff leadership engaged in an extensive
process to refine the vision and strategies, determine action steps, and establish priorities.
Adopted on
December 6, 2022
April 15
May 18
City Council conducted a review of the Strategic Plan at a work session on October 22, 2024. The
review reaffirmed the vision and strategies in the plan. Council also revised some action steps to make
adjustments, provide clarity, account for changing circumstances, and further focus scarce resources.
The strategy map (page 6) serves as the foundation of the plan. It outlines the values, impact areas and
resources needed to execute the overall strategy. Within each component of the strategy map, the City
has developed an associated vision, strategies, and action steps.
The vision outlines the "the why." Each
component of the strategy map
contains a brief description of what the
desired future would look like.
Strategies represent "the what," or the
broad steps the City will take to move
towards the future vision. Action steps
present the "the how," or specific
actions the City will take to advance the
strategies during the five-year period.
The vast bulk of the City's resources,
both financial and human, go toward
providing essential services to the
community such as police and fire
protection, street maintenance, water and sewer services, parks and recreation opportunities, and
library services (to name a few). The vision and accompanying strategies outlined will provide general
direction in the implementation of these core services.
The action steps in the strategic plan focus on how the City's discretionary resources can be leveraged
to advance the vision through new, expanded, or reinvented services or policies. The action steps
highlighted generally:
• Require significant human and/or financial resources,
• Have high visibility,
• Have a significant impact on the community,
• Require collaboration between many departments or organizations, and/or
• Require significant council or community involvement.
The vision and strategies are focused on the long-term and unlikely to change during the plan period.
The action steps are weighted to the first few plan years, and often reflect the most pressing needs,
which have already been the subject of much discussion. Some strategies do not have a corresponding
action step identified in the plan. This does not mean that the strategy is not being or will not be
addressed. Many projects are implemented at the department level and will not be detailed in the plan
but will be highlighted in subsequent status reports. In addition, the plan is intended to provide
strategic focus. Given the City's limited discretionary resources, it is not possible to lift all strategies
simultaneously. The completion of the action steps identified in the early years of the plan will allow
the City to potentially shift focus to other strategies in later years or subsequent versions of this plan.
2
ENVIRONMENTAL SCAN
The Environmental Scan identified elements in the external environment that may impact the City
moving forward. These forces, largely outside the City's control, may represent future challenges,
opportunities, or both.
4
•�a � � 'spy _.. _ . �S
1
External Challenges and Opportunities
EGISLATIV
Recent legislative actions at the state level have reduced current and future projected tax revenues for
the City. In addition, there has been a trend of state legislative action preempting decisions normally
made at the local level.
XPECTATIONS AND SUPPORT OF GOVERNMENT
Record high levels of distrust of state and federal government has impacted trust for local government,
as well among some community members. At the same time, community members increasingly expect
the 24/7 service experience that operations may not be resourced to provide.
KACIAL Hivu INCOME INEQUALITI
Community members can report vastly different community experiences based on race and income.
This inequality is likely preventing individuals — as well as the community as whole —from reaching its
full potential.
WORKFORCE
With the region at full employment and baby boomers transitioning out of the workforce, attracting
talent is top concern, both for area employers and city operations. Employers are needing to quickly
adapt to a job -seekers market with more competitive compensation and benefits, as well as flexible
work arrangements.
3
INFLATION
Inflation has created significant pressure on the City's budget and may further impact operations and
the area economy in unexpected ways.
CLIMATE CHANGE
The City will need to continue to prepare for the impacts of climate change. This will likely take the
form of extended weather patterns, as well as increasingly severe weather events.
GROW...
From 2010 to 2020, Johnson County was the second
fastest growing county in Iowa. Iowa City contributed
through robust growth of its own. As an increasingly
diverse community, residents of different cultures
and varied life experiences can help propel future
growth and opportunity as they establish roots in the
community.
FEDERAL FUNDING
The City received approximately eighteen million
dollars in American Rescue Plan Act (ARPA) funds to
respond to the COVID-19 emergency and help
residents and the community become more resilient
in the coming years. These resources can also
contribute greatly to the action steps in this plan. In
addition, several new state and federal grants are
available through utilizing ARPA and the
Infrastructure Investment and Jobs Act (IIJA) funding
UNIVERSITY OF IOWA
1
Iowa City and the University of Iowa are tightly connected. Significant changes at the University of Iowa
have a ripple effect throughout the community.
M
City Operations
FINANCIAL HEADWINDS
Property tax reform, depressed development trends following COVID-19, inflation pressures, and the
phase out of the commercial tax backfill means that the City will face significant financial headwinds
during upcoming budget cycles. Leaders will need to consider new funding sources for major initiatives
given that the growth in property -tax related revenue is expected to remain fairly flat during the planning
period.
STAFF RECRUITMENT AND CAPACIT'
The City is experiencing the same recruitment challenges as the private sector and struggling to fill key
positions. Flat staffing levels, community growth, and numerous new initiatives have strained the
ability of staff to continue to meet service demands. Properly resourcing City operations will help in the
effort to recruit and retain top talent and provide for better service to the community.
OUTDATED FACILITIE
Several City facilities have not grown or been remodeled to meet the service demands of an expanding
population and workforce. These facilities can create operational inefficiencies and work against goals
to provide safe, reliable, and healthy facilities for employees and the public.
5
STRATEGY MAP
The Iowa City Strategy Map organizes and builds upon the seven strategic priorities identified in
previous years. The Strategy Map has three distinct components: Values, Impact, and Resources.
VALUES
Our values represent both a lens through which we will approach our work, as well as a desired end
state when our work is completed. Our values are embodied in every element of this strategic plan.
IMPACT AREAS
Impact areas represent our mission and focus as a municipal government. This is where we intend to
work collectively to advance our community.
RESOURCES
Resources are building blocks needed to support our work.
R
VALUES
Racial Equity, Social Justice & Human Rights
UTURE VISION
Iowa City welcomes and celebrates cultural diversity
throughout the community, and accurate cultural
historical perspectives are acknowledged and
commemorated. Each community member
understands how systemic inequities have
disadvantaged and marginalized some populations and
are equipped with the skills to disrupt bias. Growth and
healing occur as the City proactively addresses racial
inequalities and social injustices. The City has removed
and addressed systemic barriers present in all facets of city government including policies, land use
decisions, programs, services, and employment. Partnerships with businesses, schools, and non-profit
organizations facilitate equitable access to opportunity across all sectors. City employees, boards and
commission members, and other advisory and decision -making entities reflect the diversity of the Iowa
City community. The presence of equity, inclusion, and belonging is identifiable in all City operations
and activities.
Climate Action
UTURE VISION
Cities across the Midwest and nationally emulate Iowa
City's long-term innovative strategies which achieve net -
zero greenhouse gas emissions across all sectors and
prepare all populations for the effects of climate change
and the urban heat island effect. A bio-diverse
environment flourishes and each generation can look
forward to improved water, air, and soil quality. Every
resident in Iowa City understands the cost of climate
he,l
change and knows which community resources can help them mitigate and adapt to these impacts.
Residents of all socioeconomic statuses actively take climate action, including using sustainable
transportation, shopping local, and reducing and conserving energy. As a result, their health, safety,
economic wellbeing, and relationship with their neighbors are improved.
7
Partnerships and Engagement
FUTURE VISION
Community members believe engagement and
participation in local government decision -making is
worthwhile and sincere. Respectful dialogue and
transparent processes dominate public decision -
making. Creative and accessible communication and
engagement methods ensure every resident is routinely
reached by the City and encourage intergenerational
participation. Neighborhoods are revitalized as a source
of grassroots community -building, empowerment, and prosperity for all households. There is a high
degree of trust and free -flowing communication between stakeholders within the community. As a
result, public -private partnerships are plentiful and a natural component of every solution, and
resources are deployed judiciously towards efforts that benefit all.
I M PACT AREAS
Neighborhoods & Housing
UTURE VISION
Iowa City is a collection of authentic, vibrant
neighborhoods and districts. By way of internal and
external streets and trails, each community member
has safe, easy access to everyday facilities and
services within a 15-minute walk or bike ride.
Neighborhoods are compact and socially diverse,
with a variety of housing choices and at least one
place serving as its center. Permanent affordable
housing choices are dispersed throughout the
community. New higher density development blends
with existing buildings and shapes a comfortable, human -scale pedestrian environment. Public spaces
are inviting and active with people recreating and socializing in parks, natural areas, and tree -lined
streetscapes, all enhanced with public art and placemaking initiatives.
STRATEGIES
To advance the Vision the City will pursue the following strategies:
• Update City Comprehensive Plan and Zoning Code to encourage compact neighborhoods with
diverse housing types and land uses.
• Partner in projects that serve as models for desired future development.
• Create inviting and active outdoor spaces with unique and engaging recreation offerings.
• Address the unique needs of vulnerable populations and low -to -moderate income neighborhoods.
9
ACTION PLAN
ChampionAction
Date
1.1 Explore legal steps to discourage or prevent bad faith and predatory property
City Attorney
FY23-24
investors.
1.2 Act on building regulation recommendations outlined in the Accelerating Iowa
Climate Action &
FY23-25
City's Climate Actions Report; including the successful launch and execution of
Outreach and
climate action incentive programs for both existing and new buildings across
Neighborhood &
multiple sectors of the economy.
Development
Services
1.3 Revamp the neighborhood PIN grant program and evaluate discretionary
Communications
FY23-25
funding for district/neighborhood grassroots projects.
1.4 Advance prioritized recommendations in the 2022 Affordable Housing Action
Neighborhood &
FY23-28
Plan. Work with partners to undertake significant -scale affordable housing efforts.
Development
Services
1.5 Seek out and approve residential TIF applications for infrastructure when the
City Manager's
FY24-26
project provides community benefit such as permanent affordable housing,
Office
expansive public open space, or advancement toward stated climate action goals.
Consider a standard application of residential TIF for all new annexations to meet
permanent affordable housing goals.
1.6 With receipt of the 2024 federal PRO Housing grant, initiate a Comprehensive
Neighborhood &
FY24-28
Plan update and subsequent Zoning Code update that responds to the housing
Development
crisis through expanded missing middle housing allowances, minimum density
Services
requirements, parking reform, and streamlined approval processes aimed at
increasing supply of all housing types.
1.7 Explore innovative housing projects leveraging partnerships with public,
Neighborhood &
FY24-28
private, and nonprofit agencies. Develop a business and financial strategy for
Development
bolstering the number of publicly owned housing units across all geographic
Services
regions of the community, especially in areas of high opportunity.
1.8 Respond to the growing homelessness challenges in collaboration with
City Manager's
FY25-28
nonprofit partners through enhanced street outreach partnerships, data -informed
Office
strategies to reduce chronic homelessness, and continued exploration of shelter as
service model.
1.9 Expand the South District Homeownership Program to other targeted
Neighborhood &
FY26-28
neighborhoods and consider allowing relocation assistance to expedite
Development
completion.
Services
1.10 Provide all residents with engaging public open space within a 15-minute walk
Parks and
FY23-28
or bike ride through continued reinvestment in existing parks and the expansion of
Recreation
trails and parks to new and emerging neighborhoods.
1.11 Renew the Climate Action Plan with an additional focus on the resilience of
Climate Action &
FY27-FY28
the community in the face of climate change.
Outreach
10
Mobility
FUTURE VISION
Community members of all socioeconomic statuses
easily, safely, and comfortably travel using multiple
modes of transportation year-round. Commuters
choose to walk, bike, or bus at least half of the time,
and an increasing number of trips are fueled by clean
energy. Regional collaboration has created a strong
multi -modal network that links Iowa City to
neighboring communities. Highly traveled corridors
have separated trails or comfortable, safe lanes for
bicyclists. When prioritizing, the needs of
pedestrians, bicyclists, transit riders, and other
emerging forms of transportation are weighted
greater than those of automobile drivers and
adjacent property owners.
STRA TEGIE;
To advance the Vision the City will pursue the
NSIT
following strategies:
• Expand the access and convenience of environmentally friendly and regionally connected public
transit.
• Design and maintain complete streets that are comfortable and safe for all users.
• Grow and prioritize bike and pedestrian accommodations.
11
ACTION PLAN
ChampionAction
Date
2.1 Fully evaluate the feasibility and funding sources needed for a zero -fare transit
Transportation
FY23-24
system.
Services and
Finance
2.2 Develop a vision statement for a singular regional transit system with metro
City Council
FY23-25
Johnson County entities and obtain initial commitments to study a regional system
from each entity's elected officials.
2.3 Install additional permanent charging stations for vehicles, bicycles, and
Climate Action
FY23-28
electronic devices.
& Outreach
2.4 Identify additional opportunities for road diets, sidewalk infill, curb cut and
Public Works
FY23-28
accessibility enhancement, and bike lane installation with a goal of at least two such
projects each construction season.
2.5 Explore opportunities to utilize the CRANDIC right-of-way for passenger rail, bus
City Council
FY23-28
rapid transit, or pedestrian usage.
2.6 Evaluate with the State of Iowa reverting Dodge and Governor to 2-way streets.
Public Works
FY23-28
2.7 Secure federal funding for a relocated transit building that can accommodate
Transportation
FY24-28
future growth in service and electrification of the fleet.
and City
Manager's
Office
2.8 Consider adding or retrofitting bike pathways that are separated from streets or
MPO and
FY24-28
protected utilizing flexible bollards.
Public Works
2.9 Assuming necessary facility accommodations, expand the fleet of electric buses
Climate Action
FY25-28
each time a diesel bus is due for replacement and seek grants that can expedite the
& Outreach
conversion.
2.10 Consider an on -demand or subsidized voucher system for times and locations
Transportation
FY25-28
in which no fixed route service is available.
Services
2.11 Reevaluate the possible benefits of vehicle and bike-share/scooter programs.
Transportation
FY26-28
Services
2.12 Fully complete the Safe Streets for All planning process and develop funding
Public Works
FY26-28
strategies to address the most acute roadway safety issues for all users.
12
Economy
FUTURE VISION
Iowa City is the preferred location for businesses at T
all stages of development. Start-up businesses I` ►'. msa��
flourish and take advantage of mentoring and other
resources. The vibrant arts and culture community
attracts both visitors and new residents.
Technologies developed through the University of
Iowa are transferred to the local business sector,
creating business diversity and new value within the
community. Businesses pay living wages and support
skill development for their employees. Support
services - such as child-care and language assistance - are readily available for all, which means every
person who wishes to participate in the local economy can do so. Community members support each
other by spending their money locally.
STRATEGIES
To advance the Vision the City will pursue the following strategies:
• Reinforce Iowa City as a premier community to locate and grow a business.
• Ensure appropriate infrastructure is in place for future business growth and development.
• Cultivate a strong entrepreneurial and small businesses ecosystem with a focus on creating new
pathways to success for systemically marginalized populations.
• Build Iowa City's image as the Greatest Small City for the Arts.
• Strengthen the Iowa River's role as a signature community amenity and tourism generator.
13
ACTION PLAN
ChampionAction
Date
3.1 Enhance sustainable access to affordable childcare for all populations
City Manager's
FY23-25
through innovative partnerships with schools, higher education, non -profits, and
Office and
the business community.
Neighborhood &
Development
Services
3.2 Utilizing American Rescue Act Funds, execute on recommendations in the
City Manager's
FY23-25
Inclusive Economic Development Plan with a particular focus on actions that
Office and
build long-term support and wealth -building opportunities for systemically
Economic
marginalized populations.
Development
3.3 Partner with Kirkwood Community College, Iowa City Community School
Economic
FY23-28
District, Iowa Labor Center, local trades, businesses, and other stakeholders to
Development and
provide meaningful career development opportunities, pre -apprenticeship, and
Neighborhood &
apprentice programs.
Development
Services
3.4 Increase small business technical assistance opportunities to diverse
Economic
FY24-28
populations to aid in the creation, success, and growth of home-grown
Development
businesses in partnership with other public and private stakeholders.
3.5 Create flexible incentives to support the top goals of Iowa City's Self-
Economic
FY25-28
Supporting Municipal Improvement Districts, Greater Iowa City, Inc. Strategic
Development and
Investment Districts, and other commercial nodes, including attaining a desired
City Manager's
business mix that serves the surrounding neighborhood.
Office
3.6 Develop targeted marketing to promote Iowa City as a unique and attractive
City Manager's
FY27-28
place to do business.
Office
3.7 Develop a riverfront master plan in cooperation with the University of Iowa,
City Manager's
FY27-28
Think Iowa City, and other stakeholders.
Office
3.8 Transparently pursue a public -private partnership for 21 S. Linn Street that
City Manager's
FY25-28
results in redevelopment in the best long-term interest of the community and
Office and
provides strong financial return on the City's investment in the property.
Economic
Development
3.9 Continue to work to diversify and strengthen our overall tax base through
City Manager's
FY25-28
work with existing companies, such as Proctor & Gamble and ACT, while
Office and
cultivating opportunities for new businesses to expand in Iowa City.
Economic
Development
14
Safety & Well-being
FUTURE VISION
Our City supports the mental and physical well-being
of our community members. Public safety response,
whether from the City or a non-profit partner, is
nuanced depending on the specific needs of the
situation. Community members receive emergency
response services promptly and welcome
responders as problem -solvers. Inviting spaces for
social interaction, exercise, and regeneration are
equitably located throughout the community and
are lively with activity and use. New and long-time
community members alike, especially marginalized
groups, easily build networks and establish roots
within our community. Community members have
safe, healthy indoor spaces and are well -prepared
for climate -related changes.
STRATEGIES
To advance the Vision the City will pursue the
following strategies:
• Implement and expand innovative public safety models and facilities to improve outcomes and
relationships within the community.
• Partner with non -profits to address the most emergent and foundational community safety and
well-being needs.
• Build community by fostering social connections and developing safe, accessible public spaces for
gathering.
1•
�� .. '/AL
15
ACTION PLAN
ChampionAction
Date
4.1 Work collaboratively with Johnson County and other stakeholders to launch a
City Council and Police
FY23-24
community violence intervention effort in close cooperation with local law
Department
enforcement.
4.2 Leveraging American Rescue Plan Act funds, build capacity in local non -profits
Neighborhood &
FY23-26
that will help ensure they are able to meet future community demands.
Development Services
4.3 Expand the Mental Health Liaison program with CommUnity Mobile Crisis
Police Department
FY23-28
with a goal of 24-hour coverage by the end of FY28.
4.4 Actively promote 988 throughout the year and ensure that CommUnity
City Manager's Office and
FY23-28
Mobile Crisis has resources to meet community demands.
Communications
4.5 Continue critical exterior renovations to the Senior Center and pursue
Senior Center
FY23-28
progress on interior enhancements noted in the Senior Center Facility Master
Plan recommendations.
4.6 Integrate CommUnity Mobile Crisis into the 911 dispatch protocols.
Police Department
FY24-26
4.7 Consider and, where feasible, implement alternatives to routine non-
Police Department
FY24-26
emergent traffic stops.
4.8 Expand neighborhood -based programs such as mobile community
Parks & Recreation and
FY26-28
social/recreation resources (fun patrol), nests or micro -hubs for kids/teens.
Library
4.9 Expand data -informed decision -making in our public safety operations and
Police Department
FY25-28
with nonprofit partners, including the hiring of a civilian Crime Analyst position in
the Police Department.
4.10 Work to reduce the prevalence of private lead water service lines through
Public Works
FY23-28
various tools and education.
4.11 Continue to build and strengthen trusted neighborhood -based resilience hub
Climate Action
FY23-28
partnerships throughout the community.
16
RESOURCES
Facilities, Equipment and Technology
UTURE VISION
Municipal facilities are modernized and designed for
operational efficiency, capacity for growth,
employee safety and health, resilience, alignment
with Climate Action goals, and civic pride. Funding of
equipment and facility replacement funds and
partnerships with other entities result in joint
facilities, technology, and equipment that improve
access and services. City staff are encouraged to be
entrepreneurial in their approach and actively seek
to innovative and streamline processes while
improving service levels to the community.
STRATEGIES
To advance the Vision the City will pursue the
following strategies:
• Invest in the next generation of public facilities
and equipment to create immediate operational efficiencies, boost workplace safety, health, and
morale, and improve cross -department collaboration.
• Promote high-performance governance leveraging technology, partnerships, and innovation.
17
ACTION PLAN
ChampionAction
Date
5.1 Outline a municipal -wide facilities plan and initiate relevant action steps to keep
City Manager's Office
FY23-28
maintenance and new construction projects moving forward.
5.2 Complete a City Hall and Public Safety Headquarters space needs study and develop
City Manager's Office
FY23-25
a plan for next steps toward implementation.
5.3 Implement the asset management system and expand use for facility maintenance
Public Works
FY23-28
and management.
5.4 Develop and implement a fleet transition plan aimed at efficiently converting
Public Works and
FY23-25
roadway and non -roadway vehicles to clean energy sources and ensuring we plan
Climate Action &
appropriately both on regional infrastructure needs with our energy providers
Outreach
and public sector partners and on public facility projects with our design consultants.
5.5 Pursue grant opportunities, bolster the Facility Reserve Fund, and explore
City Manager's
FY23-28
public/private partnerships to facilitate completion of key facility projects.
Office and Finance
5.6 Design replacement and renovated facilities for operational efficiency, capacity for
City Manager's Office
FY24-28
growth, employee safety and health, resilience, alignment with Climate Action goals,
and civic pride.
5.7 Prioritize data -informed decision -making throughout all City operations and
City Manager's Office
FY24-28
improve the use of metrics in reporting service delivery outcomes to the public.
CUTURE VISION
The City is an employer of choice in the region and
viewed as a rewarding, long-term career choice.
Valuable benefits, flexible schedules, energizing
workspaces, remote and hybrid work arrangements,
and professional development and advancement
opportunities improve productivity, service to the
public, and morale. Employees enter an inclusive,
fun, and engaging environment each workday. City
staff, board and commission members, and
volunteers are demographically representative of
the City population at -large and every employee is
continuously building cultural awareness. Leadership
and elected officials ensure sufficient staff levels to
maintain baseline services, weather vacancies or
emergencies, protect against employee burnout, and
add capacity to act on special assignments and
strategic, long-term initiatives.
STRATEGIES
f
To advance the Vision the City will pursue the following strategies:
• Establish the City of Iowa City as an employer of choice in the region with a pay plan, benefits
package, and flexible work options that attract and retain high -quality and motivated public
service employees.
• Carry out a multi -dimensional staff engagement initiative to ensure every City employee feels
welcome, informed, involved, and engaged at work.
• Build a diverse talent pipeline.
19
ACTION PLAN
ChampionAction
Date
6.1 Complete and execute upon the results of an organization -wide classification and
Human Resources
FY23-25
compensation study. As part of study, review all job requirements to ensure applicability
and eliminate unnecessary barriers to employment, including testing, residency
requirements, education, and certification or license requirements.
6.2 Monitor implementation of new telecommuting and flexible work schedule policies
City Manager
FY23-25
to ensure public service standards are fully met and desired employee work arrangement
flexibility is pursued where possible.
6.3 Balance investment in new annual initiatives with staffing levels to ensure core
City Manager's
FY23-28
municipal service levels are maintained and reduce instances of burnout.
Office and City
Council
6.4 Elevate new and existing intra-organizational communication strategies to bolster
City Manager's
FY23-25
information sharing and improve productivity and connectiveness across the
Office
organization.
6.5 Create more opportunities to promote inter -departmental relationships,
City Manager's
FY23-25
collaboration, and problem -solving.
Office
6.6 Upskill City staff in implicit bias, cultural awareness, and inclusion.
Equity & Human
FY23-28
Rights
6.7 Take steps to promote more diverse representation on Boards, Commissions, and
City Council
FY23-28
Committees.
6.8 Ensure every single employee knows the City's strategic vision and can connect their
City Manager's
FY23-28
role accordingly.
Office
6.9 Strengthen volunteer engagement, management, and appreciation efforts.
City Council and City
FY23-28
Manager's Office
6.10 Implement increasingly relevant organization -wide training opportunities such as
City Manager's
FY24-28
conflict resolution and de-escalation training.
Office
6.11 Conduct comprehensive benefits review and implement changes based upon
City Manager's
FY25-28
workforce data and best practices, exploring benefits such as paid volunteer time,
Office
wellness offerings, and flexible stipends for challenges such as childcare, transportation,
education and more.
6.12 Explore opportunities to build talent pipelines through temporary staff outreach,
City Manager's
FY26-28
apprenticeship programs, diverse recruitment networks, or other innovative career
Office
pathway initiatives.
20
Financial
FUTURE VISION
City residents believe property taxes and utility
fees are fair and commensurate to service
levels, and do not experience erratic changes
in rates and fees. The City maintains sufficient'
financial resources to proactively maintain and.y
s
replace assets, carry out strategic plan
initiatives, and be insulated from unanticipated
financial stressors. Partnerships grant funding,--„�
and other creative financing mechanisms are
routinely part of program and project financing structure.
The City maintains a AAA bond rating,
resulting in lower borrowing costs for residents and businesses.
STRATEGIES
To advance the Vision the City will pursue the following strategies:
• Grow the tax base, consider alternative revenue sources, and leverage outside funding to maintain
core services and pursue community priorities while maintaining equitable property tax rates.
• Exercise fiscal responsibility by maintaining and growing assigned and emergency reserve funds
and prudent debt management.
21
ACTION PLAN
ChampionAction 11
Date
7.1 Ensure Enterprise Funds are well supported through incremental rate and fee
Finance
FY23-28
increases and do not become reliant on large rate spikes, property taxes, or
unplanned debt issuance.
7.2 Coordinate with Iowa League of Cities, Metro Coalition, and the City's contracted
City Manager's Office
FY23-28
state lobbyist to oppose unfunded state mandates and detrimental tax reforms.
7.3 Maintain the City's AAA bond rating.
Finance
FY23-28
7.4 Increase the Emergency Fund balance by an annual target of 5%.
Finance
FY23-28
7.5 Significantly bolster the Facility Reserve Fund and develop an implementation
Finance
FY23-28
plan for use of funds that minimizes large debt issuances.
7.6 Create a centralized grant management initiative that will focus on securing
City Manager's Office
FY24-28
additional private, state, and federal funding opportunities, while ensuring proper
oversight and compliance.
7.7 Develop and maintain cost recovery guidelines for programs and services that
City Manager's Office
FY26-28
balance fiscal responsibility and equity.
7.8 Consider financial incentives and land use policies that aim to grow and diversify
City Manager's Office
FY26-28
the tax base (commercial, industrial, and residential).
7.9 Consider alternative revenue sources such as a Local Option Sales Tax or
City Manager's Office
FY26-28
Franchise Fees that can help achieve strategic plan goals, fund infrastructure
and City Council
and facility needs, and reduce reliance on property tax.
22
ALIGNMENT CROSSWALK
NEIGHBORHOODS & HOUSING
Values
RegionalPlans
Action Steps
Partnerships &
Engagement
Climate
Action
Racial Equity,
Social Justice,
& Human
Better
Together'
Envision
P
East
Central
Rights
030 Vision
1.1 Explore legal steps to discourage or prevent bad faith and predatory property investors.
X
X
1.2 Act on building regulation recommendations outlined in the Accelerating Iowa City's
Climate Actions Report; including the successful launch and execution of climate action
X
X
X
incentive programs for both existing and new buildings across multiple sectors of the
economy.
1.3 Revamp the neighborhood PIN grant program and evaluate discretionary funding for
X
X
X
X
district/neighborhood grassroots projects.
1.4 Advance prioritized recommendations in the 2022 Affordable Housing Action Plan. Work
X
X
X
X
with partners to undertake significant -scale affordable housing efforts.
1.5 Seek out and approve residential TIF applications for infrastructure when the project
provides community benefit such as permanent affordable housing, expansive public open
X
X
X
X
X
space, or advancement toward stated climate action goals. Consider a standard application of
residential TIF for all new annexations to meet permanent affordable housing goals.
1.6 With receipt of the 2024 federal PRO Housing grant, initiate a Comprehensive Plan
update and subsequent Zoning Code update that responds to the housing crisis through
X
X
X
X
X
expanded missing middle housing allowances, minimum density requirements, parking
reform, and streamlined approval processes aimed at increasing supply of all housing types.
1.7 Explore innovative housing projects leveraging partnerships with public, private, and
nonprofit agencies. Develop a business and financial strategy for bolstering the number of
X
X
X
X
publicly owned housing units across all geographic regions of the community, especially in
areas of high opportunity.
spond to the growing homelessness challenges in collaboration with nonprofit partners
gh enhanced street outreach partnerships, data -informed strategies to reduce chronic
E
X
X
X
X
lessness, and continued exploration of shelter as service model.
23
1.9 Expand the South District Homeownership Program to other targeted neighborhoods and
consider allowing relocation assistance to expedite completion.
X
X
X
X
1.10 Provide all residents with engaging public open space within a 15-minute walk or bike
ride through continued reinvestment in existing parks and the expansion of trails and parks to
X
X
X
X
X
new and emerging neighborhoods.
11Renew the Climate Action Plan with an additional focus on the resilience of theommunity
F
in the face of climate change.
MA
MOBILITY
Values
RegionalPlans
•Engagement
Action
Racial Equity,
Human Rights
Better
030
Vision
Envision East
Central Iowa
o
2.1 Fully evaluate the feasibility and funding sources needed for a zero -fare
X
X
X
transit system.
2.2 Develop a vision statement for a singular regional transit system with
metro Johnson County entities and obtain initial commitments to study a
X
X
X
X
X
regional system from each entity's elected officials.
2.3 Install additional permanent charging stations for vehicles, bicycles, and
X
X
X
X
X
electronic devices.
2.4 Identify additional opportunities for road diets, sidewalk infill, curb cut
and accessibility enhancement, and bike lane installation with a goal of at
X
X
X
least two such projects each construction season.
2.5 Explore opportunities to utilize the CRANDIC right-of-way for passenger
X
X
X
X
rail, bus rapid transit, or pedestrian usage.
2.6 Evaluate with the State of Iowa reverting Dodge and Governor to 2-way
X
X
streets.
2.7 Secure federal funding for a relocated transit building that can
X
X
X
accommodate future growth in service and electrification of the fleet.
2.8 Consider adding or retrofitting bike pathways that are separated from
X
X
X
streets or protected utilizing flexible bollards.
2.9 Assuming necessary facility accommodations, expand the fleet of electric
buses each time a diesel bus is due for replacement and seek grants that can
X
X
expedite the conversion.
2.10 Consider an on -demand or subsidized voucher system for times and
X
X
X
locations in which no fixed route service is available.
2.11 Reevaluate the possible benefits of vehicle and bike-share/scooter
X
X
X
programs.
2.12 Fully complete the Safe Streets for All planning process and develop
funding strategies to address the most acute roadway safety issues for all
X
X
X
users.
PV
ECONOMY
Values
Regional
Steps
Partnerships
Engagement
Action
Social Justice, &
Together,Action
Human Rights
0� .
3.1 Enhance sustainable access to affordable childcare for all populations through
innovative partnerships with schools, higher education, non -profits, and the business
X
X
X X
community.
3.2 Utilizing American Rescue Act Funds, execute on agreeable recommendations in
the Inclusive Economic Development Plan with a particular focus on actions that build
X
X
X
X
X
long-term support and wealth -building opportunities for systemically marginalized
populations.
3.3 Partner with Kirkwood Community College, Iowa City Community School District,
Iowa Labor Center, local trades, businesses, and other stakeholders to provide
X
X
X
X
X
meaningful career development opportunities, pre -apprenticeship, and apprentice
programs.
3.4 Increase small business technical assistance opportunities to diverse populations to
aid in the creation, success, and growth of home-grown businesses in partnership with
X
X
X
X
other public and private stakeholders.
3.5 Create flexible incentives to support the top goals of Iowa City's Self -Supporting
Municipal Improvement Districts, Greater Iowa City, Inc. Strategic Investment Districts,
X
X
X
X
and other commercial nodes, including attaining a desired business mix that serves the
surrounding neighborhood.
3.6 Develop targeted marketing to promote Iowa City as a unique and attractive place
X
X
X
to do business.
3.7 Develop a riverfront master plan in cooperation with the University of Iowa, Think
X
X
X
X
Iowa City, and other stakeholders.
3.8 Transparently pursue a public -private partnership for 21 S. Linn Street that results
in redevelopment in the best long-term interest of the community and provides strong
X
X
X
financial return on the City's investment in the property.
3.9 Continue to work to diversify and strengthen our overall tax base through work
with existing companies, such as Proctor & Gamble and ACT, while cultivating
X
X
X
opportunities for new businesses to expand in Iowa City.
N1
S^GPTV & WELLBEING
Values
Regional
-VrEnvision
•
Engagement
Action
Racial Equity, Social
Rights
Better
.•
Vision
East
4.1 Work collaboratively with Johnson County and other stakeholders to
launch a community violence intervention effort in close cooperation with
X
X
X
local law enforcement.
4.2 Leveraging American Rescue Plan Act funds, build capacity in local non-
X
X
X
X
X
profits that will help ensure they are able to meet future community needs.
4.3 Expand the Mental Health Liaison program with CommUnity Mobile
X
X
X
Crisis with a goal of 24-hour coverage by the end of FY28.
4.4 Actively promote 988 throughout the year and ensure that CommUnity
X
X
X
Mobile Crisis has resources to meet community demands.
4.5 Continue critical exterior renovations to the Senior Center and pursue
progress on interior enhancements noted in the Senior Center Facility
X
X
X
Master Plan recommendations.
4.6 Integrate CommUnity Mobile Crisis into the 911 dispatch protocols.
X
X
X
4.7 Consider and, where feasible, implement alternatives to routine non-
X
X
emergent traffic stops.
4.8 Expand neighborhood -based programs such mobile community
X
X
X
X
social/recreation resources (fun patrol), nests or micro -hubs for kids/teens.
4.9 Expand data -informed decision -making in our public safety operations
and with nonprofit partners, including the hiring of a civilian Crime Analyst
X
X
X
position in the Police Department.
4.10 Work to reduce the prevalence of private lead water service lines
X
X
through various tools and education.
4.11 Continue to build and strengthen trusted neighborhood -based
X
X
X
X
X
resilience hub partnerships throughout the community.
PAN
TRACKING PROGRESS
Reporting
Progress on Strategic Plan initiatives will be reported upon in the following ways:
• Progress Report delivered in a narrative format annually (August).
• Call -out of directly -related Strategic Plan items will be included on relevant City Council meeting
agenda items and through the budget process.
• A standing Work Session agenda item to include a brief verbal update from the City Manager's
Office.
• Routine inclusion of various Strategic Plan items in Communications and City Channel 4
productions.
Significant Actions Not Included in the Plan
To the extent possible, the time, energy, and resources of staff and council will be focused on items in
this plan. However, some situations may warrant a significant shift of focus. It is recommended that
actions related to unanticipated events that require the diversion of financial or staff resources be
included in the reporting process even if not outlined in the original plan.
CONSULTANT NOTES
Decision -Making Framework
New ideas and needs will surface that were not considered as part of this planning process. The
Council may want to consider a decision -making framework when such items arise. The framework
would enable City Council to methodically determine the degree to which a proposed action should
divert financial and staff resources from the action steps outlined in this plan.
Community -Wide Metrics/Dashboard
Many of the strategies and actions outlined this plan are intended to have an impact beyond
traditional core city services. The City will lead or participate in multi -sector coalitions to address
systemic problems such as childcare, climate change, housing, and racism. As such, it may be beneficial
to continue this more comprehensive approach with the development of city-wide metrics or
dashboard to assess progress towards the vision and overall community health.
Update Mid Plan
While the vision and strategies outlined should remain consistent for the duration of the plan, the
consultant team suggests an update of the action steps after the first few years. As is the case with any
five-year plan, actions are skewed towards the most pressing needs. A mid -plan review was conducted
at a special meeting on October 22, 2024 to assess plan progress and update action steps.
ACKNOWLEDGMENTS
City Council,
December 2022
• Bruce Teague, At -Large, Mayor
• Megan Alter, At -Large, Mayor Pro Tern
• Laura Bergus, At -Large
• Janice Weiner, At -Large
• Pauline Taylor, District A
• Shawn Harmsen, District B
• John Thomas, District C
Consultant Team
ECICOG
City Council,
December 2024
• Karen Kurt, Executive Director
• Adam Bentley, Economic Development Specialist
• Harrison Freund, AICP, Planning Fellow
• Jessica Johnson, Community Development Specialist
• Tracey Achenbach, Housing Director
• Bruce Teague, At -Large, Mayor
• Mazahir Salih, At -Large, Mayor Pro Tern
• Megan Alter, At -Large
• Josh Moe, At -Large
• Laura Bergus, District A
• Shawn Harmsen, District B
• Andrew Dunn, District C
EC1CqvG
EAST CENTRAL IOWA
COUNCIL OF GOVERNMENTS
29
Item Number: 12.f.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
December 10, 2024
Resolution extending the timeframe for the Ad Hoc Truth and Reconciliation Commission to
complete its final report.
Prepared By:
Reviewed By:
Eric R. Goers, City Attorney
Stefanie Bowers, Equity Director
Fiscal Impact: None
Commission Recommendations: The Ad Hoc Truth and Reconciliation Commission voted 6-
0 to request this extension.
Attachments: Draft Minutes from November 21 2024 TRC Meeting
Resolution
Executive Summary:
The consultant with whom the Ad Hoc Truth and Reconciliation Commission (TRC) would like
to contract to draft their final report has indicated that he needs at least two months to
complete his work. For this reason, and to ensure that the TRC has time to review and edit
the report, the TRC asks for an extension to June 30, 2025.
Background / Analysis:
The City Council passed Resolution 20-228 at its September 16, 2020 meeting to establish
the Ad Hoc Truth and Reconciliation Commission. The Resolution stated the Ad Hoc Truth
and Reconciliation Commission members would serve from the date of appointment of all
members until June 30, 2022. The City Council passed Resolution 21-299 at its December
14, 2021 meeting to extend the duration of the Ad Hoc Truth and Reconciliation Commission
to June 30, 2023, per the request of the Ad Hoc Truth and Reconciliation Commission, so
that they could complete their work. The City Council then passed Resolution 23-138 at its
May 2, 2023 meeting to extend the duration of the Ad Hoc Truth and Reconciliation
Commission to December 31, 2024, per the request of the Ad Hoc Truth and Reconciliation
Commission, so that they could complete their work. At its November 21, 2024 meeting, the
Ad Hoc Truth and Reconciliation Commission voted to recommend an extension through
June 30, 2025 to the City Council so they can contract with an outside third -party to draft their
final report.
November 21, 2024
Draft Ad Hoc Truth and Reconciliation Commission (TRC) Minutes
Emma Harvat Hall
Commissioners present: Lou Tassinary, Wangui Gathua, Amos Kiche, Lauren Merritt.
Commissioners on Zoom: Chastity Dillard, Lubna Mohamed.
Commissioners not present: Clif Johnson, Kayla Rossi, Chad Simmons.
Staff present: Stefanie Bowers.
Recommendation to City Council: Yes, the TRC request for the City Council to allow them to
continue to work on its final report with a delivery date of June 30, 2025. Motion passed 6-0.
Meeting called to order: 7:02 PM.
Reading of Land Acknowledgement: Tassinary read the Land Acknowledgement.
Public Comment of Items not on the Agenda: None.
Approval of the Minutes from November 7, 2024: Kiche moved, and Merritt seconded. Motion
passed 5-0. (Mohamed not present).
Actions for Phases Three and Four: The person who has been selected to write the commission's
final report to be presented to the City Council will require two months to write the report from the
date the agreement is signed, which would push the commission outside of its December 31, 2024
end date.
Merritt asked staff what the earliest date to be approved for an extension from City Council would
be. Staff answered the soonest the commission would know about approval for an extension would
be December 10t'.
Dillard suggested requesting June 1st for the extension of the final due date. Dillard noted this
would allow ample time for both the individual writing the report and the commission to contribute
to the report.
Tassinary brought up the possibility of being denied an extension from City Council and the need
for a backup plan. Dillard said if they do not get an extension then they will let City Council know
they did not have enough time and they can give City Council whatever information they do have
at that time.
Tassinary encouraged commissioners to take time writing down points they would like to see in the
report and using that as information to hand over in the case that the commission is denied an
extension.
Kiche expressed his thoughts on the need for an extension and mentioned it would be up to the
City Council to help the commission understand why they would not be granted an extension
considering the time and work the commissioners have put in. Gathua added that if commissioners
are present then they may be a part of the discussion with City Council.
Tassinary asked staff if there were any special requirements for the commissioners to be involved
in the December IOth Council meeting as attendees contributing to the conversations/ decision.
Staff noted there are no special requirements. Merritt asked staff if the decision would be part of
the work session or formal meeting. Staff answered that any decision would be made in the formal
meeting.
Kiche shared his thoughts on the importance of including the difficulties the commission has faced
in the report to be useful for future groups and commissions to learn from. Kiche mentioned if
there is a lack of time to write the report these important aspects may be left out.
Dillard mentioned that the June 1st date would be the bare minimum amount of time for the report
to be completed. Merritt mentioned that they would not want to request an extension beyond June
30th because that would enter another fiscal year. Dillard mentioned the possibility of the report
writer needing additional time (beyond the two months) to complete the report. Merritt agreed
extra time may be needed and the June Ist date allows more than two months for the report to be
written. Tassinary spoke about the wording of the agreement between the commission and the
report writer. Tassinary would like the agreement to state the deliverables along with dates to avoid
the report not being finished on time. Dillard suggested an extension date of June 30th to allow for
the most amount of time possible with anticipation of finishing sooner. Gathua asked if the June
extension date is for the TRC or for the report writer. It was clarified that the June date would be
for the TRC and the final report date would be discussed and decided before then in order to give
the report to City Council by the final extension date. Gathua asked staff when the commission
should have the report by to turn it into City Council on time. Staff answered that the decision may
be appropriate for a later meeting once the commission has an answer from City Council and more
communication with the report writer. Merritt suggested making the decision on dates and
expectations during the commissions next meeting. Motion by Lou to request an extension through
June 30, 2025 of the TRC to allow for them to continue to work on the final report. Motion
seconded by Gathua. Motion passed 6-0.
Gathua asked the commission if they would like the Catholic Workers to come do a presentation
relevant to issues being faced after the 2025 presidential elections -mass deportations. Tassinary
asked how long the presentation is likely to be. Gathua said the last presentation she attended
lasted about an hour, but there is a possibility of it taking less time. Tassinary agreed it would be a
good idea but would like to ensure the commission has enough time to focus on the contract and
the report. Dillard agreed the commission may need to prioritize more pertinent tasks, including the
report, before they take on any additional tasks. Gathua shared she intended to include the work
from the presentation in the final report as it pertains to the commission's mission. Kiche argues
the presentation is relevant to the commission's work and is important to provide the presentation
as a resource to community members.
Staff reminded commissioners that the report needs to include their recommendations. Dillard
agreed with staff and suggested postponing the Catholic Workers presentation to their December
19th meeting to prioritize the recommendations. The commission agreed to focus on the
recommendations at their December 5th meeting.
2
Announcements of Commissioners: None.
Announcements of Staff: None.
The meeting adjourned at 7:44 PM.
The full meeting video can be viewed at this link.
3
FAILED
Prepared by: Stefanie Bowers, Equity Director, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5022
Resolution No.
Resolution extending the timeframe for the Ad Hoc Truth and Reconciliation
Commission to complete its final report.
Whereas, the City Council passed Resolution 20-228 at its September 16, 2020 meeting to
establish the Ad Hoc Truth and Reconciliation Commission; and
Whereas, Resolution 20-228 stated the Ad Hoc Truth and Reconciliation Commission
members shall serve from the date of appointment of all members until June 30, 2022;
and
Whereas, the City Council passed Resolution 21-299 at its December 14, 2021 meeting to
extend the duration of the Ad Hoc Truth and Reconciliation Commission to June 30, 2023,
per the request of the Ad Hoc Truth and Reconciliation Commission, so that they could
complete their work; and
Whereas, the City Council passed Resolution 23-138 at its May 2, 2023 meeting to extend
the duration of the Ad Hoc Truth and Reconciliation Commission to December 31, 2024, per
the request of the Ad Hoc Truth and Reconciliation Commission, so that they could
complete their work; and
Whereas, at its November 21, 2024 meeting, the Ad Hoc Truth and Reconciliation
Commission voted to recommend an extension through June 30, 2025 to the City
Council so they can contract with an outside third -party to draft their final report.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa,
that;
1. The timeframe for the Ad Hoc Truth and Reconciliation Commission to complete
its charges and other work is extended through June 30, 2025.
Passed and approved this day of , 2024.
Attest:
City Clerk
Mayor
Approved by
City Attorney' Office—12/05/2024
It was moved by Bergus and seconded by salih the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
Bergus
Dunn
Harmsen
Moe
Salih
Teague
Item Number: 12.g.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
December 10, 2024
Resolution setting a special election to fill the Council vacancy created by Andrew Dunn's
resignation
Prepared By: Eric R. Goers, City Attorney
Reviewed By: Kellie Grace, City Clerk
Fiscal Impact: Approximately $75,000 for the special election, plus an
additional $25,000 for the primary election, if needed.
Commission Recommendations: N/A
Attachments: City Attorney's Memo
Resolution
Executive Summary:
Council may fill the impending vacancy created by Councilor Dunn's resignation by either
appointing a replacement, or holding a special election. Council has chosen to hold a special
election.
Background / Analysis:
Councilor Dunn submitted his resignation on October 29, 2024, effective at midnight on
December 31, 2024. State law states that the Council has no more than 60 days from the
vacancy to decide whether to fill the vacancy through appointment or via special election. If
Council fails to decide within 60 days the seat automatically goes to special election. State
law also governs other dates associated with the election, limiting Council's flexibility in
picking an election date.
j r ,
N. ®ice
CITY OF IOWA CITY
MEMORANDUM
Date: December 3, 2024
To: City Council /17
From: Eric Goers, City Attorney
Re: City Council Vacancy
The Iowa Secretary of State's Office has emailed that given the election recounts and other election -
related obligations of their office, they will not be able to get back to me in time regarding when the
statutorily -required 60-day notice period can begin running. As a result, I am taking the conservative
approach and adopting the County's position that said notice cannot begin running until after the
vacancy actually occurs on January 1st. That said, I see no harm in providing notice ahead of January
1 St
As you will recall, if a majority of the City Council calls for a special election, such election should be
held as soon as practicable according to State Code. That means as soon as possible. If Council
decides at their December 10th meeting to proceed with a special election, the soonest practicable date
is Tuesday, March 4th. The primary election, if needed, would be on Tuesday, February 4th. With a
March 4th special election date, candidacy petitions would need to be filed no later than Friday, January
10t', 53 days before the election. Based on the 7,181 votes cast for District C candidates in the last
City election, petitions would need 144 signatures (2%.) Those signing the petition would need to be
eligible electors from District C. See Iowa Code section 376.4 and Iowa City Charter Section 3.01
(emphasis added.)
b. The petitioners for an individual seeking election from a ward must be residents of the ward at
the time of signing the petition. An individual is not eligible for election from a ward unless the
individual is a resident of the ward at the time the individual files the petition and at the time of
election.
Iowa Code § 376.4
Unless otherwise provided by state law, the petition must be signed by eligible electors from the
candidate's district equal in number to at least two (2) percent of those who voted to fill the
same office at the last regular city election, but not less than ten (10) persons.
Iowa City Charter Section 3.01.
City Council Procedure
Given Council's consensus at your last work session, a resolution committing to a special election will
be on your agenda for December 10th. The resolution must include the election dates. The Auditor's
Office has noted that the town of Swisher is already scheduled to hold a special election on March 4th
and has requested that the Iowa City Council make their determination within such a timeline as to
place the special election on the same March 4th date. That means Council would have to vote no later
than January 3rd to fill the vacancy by special election. The Auditor's Office has indicated there would
be no cost savings for selecting the same March 4th date, as there would still need to be separate
ballots and polling places. However, because only qualified electors residing in District C would vote in
December 3, 2024
Page 2
a primary, and thus only District C polling places would need to be staffed, their estimate for the primary
election cost is $25,000. Their estimate for the special election, in which all City qualified electors can
vote at polling places throughout the City, is $75,000. If Council wishes to hold an election at a later
date, you should vote down the resolution and instruct staff when you would like to consider a
subsequent resolution with revised election dates.
As always, if you have questions or concerns, please do not hesitate to contact me.
Copy to: Geoff Fruin, City Manager
Chris O'Brien, Deputy City Manager
Kirk Lehman, Assistant City Manager
Kellie Grace, City Clerk
Prepared by: Eric R. Goers, City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030
Resolution number: 24-300
Resolution setting a special election to fill the Council vacancy created
by Andrew Dunn's resignation
Whereas, on October 29, 2024 Council Member Andrew Dunn resigned as a Council
Member effective midnight on December 31, 2024; and
Whereas, the City Council desires to fill the vacancy created by Andrew Dunn's resignation
by special election on March 4, 2025, consistent with Iowa Code section 372.13.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. A special election shall be held to fill the vacancy created by the resignation of
Andrew Dunn.
2. The City Clerk is directed to provide a certified copy of this Resolution to the
Johnson County Auditor and request that a special election be set for March 4,
2025, with a primary election, if needed, set for February 4, 2025 to fill the vacancy
created by the resignation of Andrew Dunn.
Passed and approved this 1.0tlday of December , 2024.
M or
AAttest: (�-e�
City Uerk
Approved by
Z/�-�
City Attorne s Office - 12/04/2024
It was moved by salih and seconded by
Resolution be adopted, and upon roll call there were:
Harmsen the
Ayes: Nays: Abstain: Absent:
x . Alter
x Bergus
x Dunn
x Harmsen
x Moe
x Salih
x Teague