Loading...
HomeMy WebLinkAbout2024-12-10 ResolutionItem Number: 6.b. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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. Personnel Policies Page 10 Rev. December 2024 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. Personnel Policies Page 11 Rev. December 2024 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. Personnel Policies Page 12 Rev. December 2024 (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. Personnel Policies Page 13 Rev. December 2024 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. Personnel Policies Page 15 Rev. December 2024 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 Personnel Policies Page 16 Rev. December 2024 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 Personnel Policies Page 18 Rev. December 2024 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 wo�na3udu 3nws cam esto "''i'O VH\01 1N3MOl3i\30 ClIM301 NOIlOfl2ilSN00 2JOd lON W 'J NIn 3....... ..........V A. JVNINM� Jd ilalHX3 "11—:61bHEIA HS 6 3SVHd 1N3WdOl3n3G i ONINO=J o o oo -- 'o o - o oao a p o w - o00 p o o — °3 o PEl -o o o�am�o 0OM any-o Of w F z w a U cl cl O w w Y X K a O U a QOa wo8 CO�O Of Of } U a U LL U a O of p 1 w O coof w LL K F F 'o z = w X 0- w LL O O z w z w O p N w K 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 D%S ✓{4 / SIGN IN SHEET Email /:S lv we n (9 Otz71-f.e Address G %1� c�, r c Af Sc. f7 is'/r.�✓ en u-N M t Y i C.� 'N\ C b `Y 6 ALL 2&,rj�e e CA)?hA%- l GiLOoi 0 Cf,1c7SD P—) UO . �• •� •, Hti1 t GI - [ L.4_ 0LA-)Cl , G-� (A_ "ic « / Q A/-� Co.., a ", P q C✓ -c e fe se s4 1 c, k-1 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 A R C H IT E C T U RE, E N G IN E E R ING 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 A R C H IT E C T U R E+ E N G IN E E R ING 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 A R C H IT E C T U R E+ E N G IN E E R ING 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 ARCHITECTURE+ENGINEERING 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 ARCHITECTURE+ENGINEERING 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 ARCHITECTURE+ENGINEERING 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 A R C H IT E C T U R E+ E N G IN E E R ING 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 ARCHITECTURE+ENGINEERING 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 (i t� 0 d�� ors 8 Proiected 2046 AM Peak Hour Buildout JNp c? r � o �f q, 2240009880 1 October 23, 2024 SHIVC-HATTC-RY ARCHITECTURE+ENGINEERING 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 ARCHITECTURE+ENGINEERING 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 A R C H IT E C T U RE, E N G IN E E R ING 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 A R C H IT E C T U R E+ E N G IN E E R ING 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 o 5wd 2240009880 1 October 23, 2024 SHIVC-HATTC-RY A R C H IT E C T U R E+ E N G IN E E R ING ATTACHMENT 6 Regulated Sensitive Features NORTH TIONA LLL 1 sl�� //Eia`� l I,ij II II N-JUDISSICTIC 10 TEI. ® Q w X. / 1. li' I 1 AT I \\ - I ,Cy i- / / \o'jrtA ^� ■ see more, usSD ON /'- 1 �Y r II �I�, I �y, w000wNos \ / 1 I I II 1 ' UI< se � _ E� THE \\ ,- / �-�- \ — w WETY o �A — NOTE, I / A.APPLICANT INFORMATION II RE, \ \ IACT INC P 11MAN \ l r--- -- TORVE ' r wnc,r,A522Aa 1 s / DEVELOPERSNEVOFUTURE OWNER) W �I < oPMENTGRooP Q J v x WEBTDEBMDNEBASB266 a �� —LIE OJECTAREA LIMITS _l A BS r, STEVE CIVILEN AT' cmEEBSIT I oIAL /�/. �1 ,rr1 „a� Eo ,A I HArz PE BHVEHATTERrGDM PHONE (319)3600227 > o 1, o E EMA m W JUDISDICTIONA 'D'BD NT, OTALSTEAREA2,,,23,SF ABBACRES oFw E��ISTING ZONING IF EPIORP '��q - ew / •' I I I 1 v 1 i -�PROPOSEDZONING XEDUSE Q AD �o TOTALWETTANDS 0 ZX ACRES O ai' v / r; ;1 v , i� / r 11 11 2 WOODED AREAS — ar I �, REA ACRES QOU / ;11 Roves of TREES o SF o o ACRES Z LL MINIMUM ODSANDAR SF 1 ACRES i �,I SE --- v v 1 i 'r �F Tv IIIII �P' v RETAINED 701BE ANEDAND ORPREDORES20%II BE LLIZ t� �';" \, ��' ��/ 11 2rG �i, r /1/ 11 �II TOWARDS RETENTION VALUES ,. WOODULANDS WITHIN THE AREAS DO NOT COUNT O \ I RDWE\w_ND Uo-- FINDINGS ON JuRSOCTONAzvS NON JURISDICTIONAL DELINEATED ' 7 III 1 1 1WATERS OF THE UNITED EPP DAT SITESN(WOTUS), WETTANDS AND STREAMS, g I\ 11''ll I (\\. i®I \\ .,-- �sr '�1 SUBJECT TO FURTHERAH� REVIEW NouAWET'cTEo oeroerzo2A aoaoer2n2A. 1 r /D WORD si !li II 1 /\I "\\ \\ 1 i % / ,/ l II EXISTING GRADES ARE PER 2020 TDAR. 71 d 11 B. THREATENED AND ENDANGERED(T&E) STUDY IS PENDING13 v C e 4 F I 1 cq� I ♦ 1 j �, 1 AV I IIIS,\1 I II /,�� / III i./.'il II FOR PROTECTED SLOPES 11)1 1 II111 3 4 l II r E !1 it i EDGE OF PROTECTED szo Es '>se.' 1 I I III II II �', 4 Q J �,rrj r 1 11, , W W u) XS APPIOX MATE EX STING '� I I - 7 u �D7' �,�j l 1 1' �\` ♦ \ / � 1 ,1 / \ Ur Z Q URISDICTIBNALDITCH I I^, �G`+ r I\. I \ // 1 ♦ \\.. 11I 1 '" W W W Iru)BI \ Ej /r =r , 1_ 7 EX1 ' A B C D E F {M/ I NORTH LL ��� / Il /I!✓c sr I I^,I� 19I ,�J,I,i 'L� ��l; � I, �� ®� Q w r � 1 uv IIII 1 I l i I I i V-A � Ee he%<2si7 - I T STEEP GLOP BEE NOTEI SLOPES 4D/ OR,\\ / \ Il` FORp Y6 I / _ _ tIhCTED SLOPES x — F I I TE CRITICAL SLOPES (25%140%) PROTECTED SLOPES BUFFER a ACT E m � , O SLOPES J I _ PC FRADSPILLMAN 5ooACT DRVE Ac s22aa T DEVELOPERIINE—ITIRE OWNERI _ ICEBERG a DEVELOPMENT CROUP w 1 ew- a 112 t �1 (n WEST DES MONES,A50266 Q SALDA A r = oTECTAREALMTs - I J s RS ND�6UQUER ��� J, D ACN,AD24D Z w CIVILENGINEED SHIVE HATTERY EL AV T 1 ; ffi / - ,II i LATz HE O CED ;7TITIN� 'BU RE Ty, PHONE ATT W a� EMA I ATTERv.COM uj J 1 11 TOT TEAREA1020E61SF 4E6ACRES W ZONING ew S ) I s / U.EDU c SE /1 REGULATED SLOPES ES (1125%) Z / Illi�' PSP asDWITH sTEP�N) O SF PERCENTMPACT %( NI L :� s�11 REDIM A aDD THSITE PIN) cZ 0 3 `I �f\:.. _ T� I�1 ;��., PERCENTMPACT E AREA 9(TaDwFTH STEPwN) 1 P '' PR J 0 TOTADLPROTecT ) SF , Z ij W of z -� - �� ��� _. II �'. „a"✓i, ii , / 111 II .III C O TPRESENT PER usonsoL d U CONSERVATION SERVICE �T- ✓ I �I� I / // J1 \J/ i 1 I� iIl L ARE REMNANTS l I I�PER THE owncry / SENSITIVE AREAS INVENTORY MAP. .F - '� I ✓u i l - I I III 'I I �, I ♦ 4 ARCHAEOLOGICAL SITES "'I" TO BE PRESENT. ♦�i®I I _-- iz✓ 2r - ✓/ ,/ I RCHAEO20OCA2sTUDvs PENDING INV \ -sae NOTESI AdVIEWED AERIALSAVAIRTABILEFROM 1930S PRESENT UNKNOWN ' V HEREwAS MODIFICATION TO THE SLOPES PRIOR TO iezos. F i sb'/ 1 .V I I Faaa1 I�,, REQUESTS SHALL OCCUR WITH FUTURE / I\ II ✓ oTENTALauFFER DEDUCTIONS sHowNw WITH PREUM NO ONLY ANY ARv o 0 T b ENTITLEMENTS PRocesses. f I� I I f _._ k` I 11 Ill III. 4 Q I V � 1 f ( '1�. / I /11 21 1 _- ♦ / I )+. I I W LLI In lE > W I \ m �° r 1 \ II✓! I g T >2� APPROXIMATE III \ / $ I ry' / I I \�,.\; ♦ . J I 1 ,1 / \ Z Q .��� Lu Lu I to D E F 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 < w Rz SITE LEGAL /REZONING DESCRIPTION OPEN SPACE REQUIREMENTS NOTES lo PARKING REQUIREMENTS (30-PLEX BUILDING) STANDARD VARIATIONS ,`x °J «.� � ��s,�° ewmxaaworeLzo Ex�,�ao��a�� �I — _ _ w�.a�Eo�.TME�oMEow� .M,a�v hffo0� ) II „fir_ II s� �I _mtt / - �5�ys� � II i� gl oo;av x,swLL � I / arms eomwwrveusssoawnory weo �� _��'..,.,, I `E'"�Eo"w�i�"aE / 'ter;—, �� +a� ccrsert vwrtsrtvsewertexrervs�ar w0000srs000sF �� ;• rstl�,�"_�- 'I v I _ I �l \ V I I 38 °°LOT 1 N i o.eT AISFc c EwsEmE �' - NAZI uc r Ssa7 aI PeA piN m �m --- — +- — oaAME.AL EE 1� , o���LOT eREAI:DowN Lr__ j t, eoac)vano N EA e Em EY / lO\�//� HALL HALL ENGINEERS,INN m REMAND PRELISENSITIVE AREAS EELOPMENT PLAN OVERLAY YYA AND SENSITIVE AREAS DEVELOPMENT PLAN FOR SITE LAYOUT&UTILITIES ^2 0 CITY CARDINAL HEIGHTS (PART 1 AND HART 2) IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA ss\o s \ o II IIIII I\\`1\\\�rva� A A 1 6 i u �mreaarioeowmi / ��1V�MII�I��II\v�'Jlnl �o1�s ,�, � r r)111 ;✓ l v \�� 0 S — IIuS �. I� ri ..««.��roa,tiALLo,a��o,PrtiAtioLo�notiorA 4 — 3 A�„hwo�,�LLe,o,a.oar,,o�tiAaoROAti�,w�,x,�,oh� � ��c ,xoLo�notia,00a.o.a,�oRo.oaTM„R,,w�,a,Aoo��eL, � ,� ,.;v � carsrnurnox ��h a.aunmes raom TM, oAh coxsrnurnox arnNnes e,���.o MU,.����aeceann�no��.Ahr.,E�.oROV�oEo,�ow�LLeE�or.,E�o-oEar.,�E� � 3s�r.,� . NAfo w�k��� o�,� ,ALL e, sueeueo a cowor TME ,w000,�o r.,U,. e,.Ar.,�,�a ns mxrexs. ae�w000 r.,UneE ceuoo�cvirucowreo.ostiow mwux. � ��o ro�Mu6 ezas�ox mxrnoLcw,rnces. Uooaho���o��oFTME��oo w��eE oao�oEo.o - = -- .xEsw000.— �. �oM TME aroF�oate. m�TM� �.oa a�„�6aoE�.,R — .'A'� ✓ �i v vi J v x v I �� ®.m m„�,_e. M""UNs,a M���MUMs .00,o�L .eaaeooa �waosuarace o�TM„�h seau aecerve eaiw.e1 v v ��'_I��� .,� Ali/�u j �s,.a�a,.o o cs�ar arvo seo�merv.anory mee.me a,PU�a,M,�n o..�, nr¢wu _eoutvAi. carsrnurnory aorvmes. LAo,o�ti�ti�eaoeeanesraomorsauPncry ouam� _-TTr�', i l I Iw� 1���1 I ��/�j��__� 1v Iv�1 Ili /, ri—_ vpv qqn II IIII Iill11 I111, �II'a`'�j'I L � IPI t l \ /A 1 \ \ V / /—�i i / \ IF ads �/�V � l// — � \ \\ A V V / i `I% r V Tz �e�p`Lm �`���,•��.J/ \�° /� ��— e"/ / r�� �r�ii�ifi�rr ��'-`/ �� _s��� � �a �� 'i'i i�i� Q �,r rlhr ICI liMr ..�rr'Jr -,k\��1,1 IT V� z s PA �� \ IX ` �� ���o�'riliirr�ru�ir��� w ,)�:rti ��IoA A\fir hlAlnr ri r i I� r/T j 'In�r III Ilii A��t / ---' i%F�� br���.��A��\.��� g - tea- �?'= -__;' �o �r'��r � \ — �"' •� �, =' / — �I�i'in��il -_C_ o - - r � � r �I \ � � � � Iw✓ \ I „5f d r � r r (L r. I r - I r aim - _--_ �r/, ,- - ter/�iil�i�Od����i'jh�i�'u NITE. // \ / II II ��/ /� --_i, '— —i %i %�i, I'I�III�IJI�I ��II� I rrl✓r/flllllll EnaET. vrEw wETLnNo IRL.—n IN aEv..TuS,,TH__N,P , /�'%ii OW HALL HALL ENGINEERS,cN REMAND PRELIMINARY AREAS DEVELOPMENT PLAN OVERLAY , Y�Y�//"� AND SENSITIVE AREAS DEVELOPMENT PLAN FOR WETLANDS DISTURBANCE AND PRESERVATION ^ ^ .0 CI I I CARDINAL HEIGHTS (PART 1 AND PART 2) f Y IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA cc— —� — — —-- _ C \s yX,a< ' \ _ ;a gib, "., y .. i P� . AP i L _ I I. .a� e° WOODLANDS HATCH LEGEND I I INRI B(R.o ?,C` o..�a�� �seaownox uuw 5,. ' \ WOODLANDDISTURBANCECALCULATIONS — y C—canctivu eax vaw �I_'� 1 �✓'8 HALL HALL ENGINEERS, INC REVISED PRELIMINARYPLANNEDDEVELOPMENTOVERLAY YY /"� AND SENSITIVE AREAS DEVELOPMENT PLAN FOR WOODLAND DISTURBANCE AND PRESERVATION IO\A/^ pS.O CARDINAL HEIGHTS (PART 1 AND PART 2) CITum IN THE CITY OFIOWACITY,JOHNSONCOUNTY,IOWA (l— i r;�oLl�x,I DI fl� cc— �i \o — IVv" \°\CZ/ TVi%ii/.r �r (((rl it ,1 — — r ri' ri 'r �' ������.�\�\/�rrrrl r' \��p\��\r �� — \ __—___s;fi ) �\ \ \\ IgI)gq nn llrll\rrr\�`���\ ;=_____.�� —,moo/°S� _ �l� yi%r'%rrr r� ,__--_ __ _ �_ _ �I pppp l u rlrr i ____ = i, ,�S�/i�s�,, \ _ \� � \� \ \IIIIII :c�`���_ `\ � \\`iu _ —_= s�o i � �'/ ��'�� ,'� _=__ = .fir m \�r\r \)I\y`I)ir`I `\rl II II�.�y,<��_;:______ ����._, 1ln p ice—_=1) 'v411i A—, _=——____�--\�._ Il ,—'�, �)> \`�°: \)-- II) / a-'oj� TL /'%`_—'�;— '�r Illr/rr�lr�ir'�ss �I' r')I f f I�irfl"�—"",',.`�'_— (rr/ti/°r. \)\, _ �'S'ri/ r r rullWlgl ;��`;= \� �rLr„"r>rl�; V \�C\\` � J` `=�,��, % �f ° r/ ' 'rrr r r _ IV Ilr I r% � i ` ivy ill\� �ri�i �gyrrl��ili i — _;�`::`)Inr"`- �o�ll r��v v`lrT'\_\ /pil 11 IVI '` III ri `` �� : r �� i I I \ , i \ r I ), rrr r§€e p r \ I r VAA JI IIIVIIIr � _— ,3; rrll rJ sRAr vo. �s `a v I I/,�'/ iVIW Irr r/ r �\ =1 III ) � riot I ✓'r���rll'/r)myll II q III � � s _ — � /� r r;ryrrVrnrrrr I g\ _ ra I I I'1141 rrn�r�"nl I yr — ' v a r — r ,'.1IIII lliiiliilllup� C3 ss. eras Map,`\" ! \ mI IAI.- ANI EII.N— MI�v/�=Z— _ 5 I ` ` d� / /� aEpUraErvlENrs FOR MULn-FnrvlrLv. cngctivu SayEvn{w V ' 1 aE°°��I.s ACE `___V`w ` _ r r �wr_i I I�i'�� =��1 I vIw`ivA�Ip%iir�4i��: Ao�`)iw vl 1-1— SISIE I' ')Ihi rim=-_—��' �'i rilriq�r''i irp� ii''��i0`�i`vhvia) ti o�Eas.oa.mEE EEs aE GaEo oRo��oEo.�aos. _/; '—= rhii«I(u�,— ����r'gr'I/Ihllllilliu l�;I PIIVll1vIIIIII'�II°i)I I �E 7Q r i_, _. �vII I�I Ilr q rr _,� _ �____ i _._=`—_='='_�_=IIIIII II Orr— � rr rgrl r/ir I IIIIIIIIIIIIII II oarvamervraLrnee a.°yes.°3atios°aoEs°aEEti�ti�aEe��aEr.,Etis =�--___��'�__�_— llIloll pllull�llgllllq;i)n I I 1 1 Illlr II r, 77 / / I�\A/ A IHALL MLEN6& EA6� ENGINEERS PNC REVISED PRELIMINARY PLANNED DEVELOPMENT OVERLAY / / YY /"\ �AND SENSITIVE AREAS DEVELOPMENT PLAN FOR LANDSCAPE PLAN CITY I��/ IN THE ARDINAL HEIGHTS (PART 1 AND PART 2) Ll .0 CITY OE IOWA CITY, JOHNSON COUNTY, IOWA GENERAL LANDSCAPE NOTES COrvTRACTOR TO REPAIRDAMAlE To UHHHE'AND'TRUIuRE'�MM 2 PRIOR TO PLANT MATER A IN 'TALLAHO N TH AN CAPE BE REQUIRE, To MINIM p OTEN TIAL IN �E R F� PLEN CD E _H REPREs[rvTAnvE. COrvTAcr THEPRoEE,urvo'CAPE ARCHHE, a. ALL PLANT MATERIALsnALL AT LEAS HEFT MINIMUM REpu.REMErvTssnowry I PLANT QUANHHEI ARE FOR —TRACTOR I CO—N.ENCE I NO PLANT MATERIAL lHALL BE IUBI.TUTED WITHOUT THE Arvo TREE R.rvIN �s'HALL CONTAIN SPADE/snovE arT EDv1rv� NURIERYTAGIIHALLBELEnory PLANT MATERIAL UNTIL LAry I CONTAIN ER GROWN ITOCI IH ALL H — THE CONTAIN ER REM-ED srvTnencREIN BE BALLED AND WR ED OR Co NTAINER 'ALL AP p 10 ALL PLAN' ', METALS, ORPLanic"wALL eE REMoveD AT BRAN CHE' NEEDED, R TH 0IE THAT COMPROML'E APPEARANCE AND EDING MULCHING AND OT PER LANDICAPE PLAN, HAI BEEN COMPLETED AND APPR-ED Exs. cr �owA orvE uu(v-eoo-zsz-eses)oR evv ERATELY AT wNTRAcrou PEryE FORECOMMENCEMEN ARCHITECT OR OINER I REPREIENT—E lHALL APM-E PLANT LOCAHONI HELD ADINITMENTI E TIN' UTILITIE, TO M.N.M.IE HAIARW TO PLANT IROWTH ANDTO MP—E MAINTENANCE lHALL BE FLAGGED AND PLANTING BED HAL BE DELINEATED FOR 0 ORowNER'REME'ENTA_ E ONE WA, PRIOR To ANTICIPATED PANTMATERIAL�rvsALUTnory IN THE AMERIury sAry DnaD FOR rvuuERrsoa<^(Arvs.Ill .I-uTES Eomorv). DRAW.NGI lHALL PRE—L WHERE RICREPAN-1 OCCUR AUTHOR.11.0N OF THE LANDICAPE ARCHIECT OR OWNER I REPREIENTA—E �eED'AND TREE RINGI. MULCH wrv�s FOR TREE''HALL BE A MINIMUM AT MULcn EDGE. DICAPE ARCHHECI OR OWNER 'REPRE'ENT—EHAI COMPLETED THE INITIAL ACCEPTANCE. AND THE ROOT BALL CUT THROUGH THE INRF— IN TWO —T.CAL LOCAHONI GROWN Al 1PECIFIED NO NTA.NER IOCN WILL BE ACCEPTED I IT .1 ROOT BOUND nME or PLArvnrvC. BE SET PLUMB To CRourvo Arvo FACED FOR eEs APPEARnrvcE. saucruRE To A MAx or;yPTHE PLANT , BY LANDICAPE ARCHHECT OR OWNER I REPREIENT—E BED PREPARATION AT LEAS ae nouu PRIOR D���w�. OF PROPOIED PLANT LOCAHONI MI EICEED�NFTAIBILE. CONRHONI AND— IN CONI.DERAT.ON THAN IT lE NE DATE10 LAY UTAPPRovAL. 5 C' PLANTING AMENDED 1 PART TOPIOIL FOOT DIAMETER. ALL MULCH eEDs REIU�e. ALL ROOT WRAPPING MATERIAL MADE OF EQUAL Al rvECEssnar, PRUNE DEAD PER MANUFACTURE' AND MULCHING NOTES NANTDUROARLITAONP.' PALLETRH ACONTI CTONNTOTTLNEOT EN W 11, PRE E FROM LUMP' AR' E ' AND %'TONEII PROAONT11 aG.°.e AIU 'HALL THORO IAND IHALL BE A ' 'p ECIFIED W ITHIN THE NOTE ABOIE BE rwELr 'CRANED GRADEDTO PAW s�EVE or Ill BEING LI OR'MAUER (DRY BA'.' LT)Mu or Towe eE�rv� slCz OR sm AUER (oar eAs�s WITH CLUMPI OR PART—E ' 3" `AMER OR GREATER DE (PREEREos uAA)L DLRECnorv', To ALL PLANTING eEW BE INE ADDmorvALCOSTo THE owrvER. ry AaroaonrvcE wrtn 14 ALL AR— —TURBED BY CONITRUCTION lHALL —E FULL OWNER UNLEW NOTED OTHERW.,E 15 ALL —DING APPLICATION N OTE I A RE L"TED I N=EOERDCA., ITANDARDI Al APPL='NTGHE POA' ANOD N OTD E 'E "N ETH .1,1A 17 ALL TRAI TO BE PLACED WITHIN PAR—G LOT lLANW ARE 11 ALL LANDICAPE TO BE NITALLED PER APPLICABLE IUDAI OR 11 NURIERY IOURCE FOR LANDICAP PLANTI IHOWN HEREON 20 P-11DE AND MAINTAIN '01111E DRAINAGE THROUGHOUT To CREATE AREA OF LOCAL._ PONDING (I) YEAR TnoM DATE or INITIAL ACCEPTArvCE. LArva'uPE PLArv'. ALL PLANT' THAT ARE DEAD ORLry AN urvn EALTHr oR urvsL�wTLr SATE IURFACE RE10RAHON IMPLEMENTED BY MEANI OF TURF GRAW LAWN IEED AND/OR 10D CONTRACTOR Ll'CAHDoARDlTAl A. NTCRAABIOR lHALL FOLLOW IEED MANUFACTURER I RECOMMENDED IPEC.F.CAT.ONI ANTU'FA E RE`RIRDE� 'U %Tl'o0NR`CIIl lTANCo'EDRlEAlWPPH!CA BNEIE GENERAL NOTEI, CONTRACTOR TO ITR.11 FOLLOW APPLICABLE IUDAI OR CITY ITANDARDI CITY IANDARDI lHALL BE WITHIN A 500 MILE RARNI OF —A CITY —A AND GROWN IN A CLIMATE IONE OF CONITRUCHON AND NITALLAHON DO NOT ALLOW ADDITION OF TOPIO.L, PLANTING 10.L OR RPLAN ARE REpuLRED To BE REPLACED AT NO SEED/ TO —.TA00RRNATE WITH 1 1 TURF ALL FOR PRODUCT INFORMATION E-1.0N lHALL FOLLOW IUDAI OR CITY U 3 ALALNTURF 5A OR COLDER MULCH TO DETER '01—E DRAINAGE OR SURFACE To SOD APPLICATION NOTES GRAII LAWN IAD ALTERNATE Il -�D N'ULDEAU'0,10D IADING APPLICATION AREA, 'HALL ER PE CONTROL BLANIET NITALLED EW E GRAW 10D TO BE OF THE IAME PERFORMANCE QUALITY RESTORATION APPLICATION NOTES BE PLANTED AND I THE � °r nroun n m�e mm Oe n�„nn„r.n or°orn,�. �L P W o,n,mPnons n,a.iim,.,nr sY v. w .r,Ad,on �yi )SllDAS 903�.101 rR p om.ane.00�mm �a_ a«•z�anm an..e�o�r.aieo WD o.nnn.00��b _ � SUDAS 9030.172 IOYYA HILL I HILL tN(;INttHS, INI REVISED PRELIMINARY PLANNED DEVELOPMENT OVERLAY AND SENSITIVE AREAS DEVELOPMENT PLAN FOR LANDSCAPE PLAN DETAILS L2.0 Ap By CARDINAL HEIGHTS (PART I AND PART 2) CITY �o IN THI CITY OFIOWACITY,JOHNSONCOUNTY,IOWA ATTACHMENT 4 Multi -Family Building Renderings ----------I u WEST ELEVATION (OUTDOOR PATIO) Us—E. ua` � o CARDINAL HEIGHTS IOWA CITY rtw - (30 UNITS) 8-05-2024 SOUTH EXTERIOR ELEVATION (STREET VIEW) i —E ua.—„I. O 10' 20' 30' 40' 50' JL-1----- — — — — — — L -------------------------------------------------------------------- ------------------------- q ■IMIMIMI 1 011111111111�11111111 914111 ' • � � n_ 11191 " ®IIlill �in LIN : .Mall CARDINAL HEIGHTS IOWA CITY t - (30 UNITS) 8-05-2024 IIIIIIIIIIIIIIIIIIII — — lllllllllllllllllllllll hltllllllllllllllllllll. --11111111111111111- i��������= I111111111111I111I1111111111® �Itllllllllllllllllll. � m.......�:_,_-:_-_�����������������--�������II``i - nnnml�1i�11nnnnml nnii�����II ®—.�.�.�.`.. nnmil1i111nnnnmill i -- �—ifiiifiiniiiiilliillmnio - iillinnnnml�lillinm ,. = --_ I xx l i I I I U NORTH ELEVATION (PARIQNG LOT SIDE) 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 NTT TWO J 30 STRFAN COBRI- 50 6TRFAM BIKOORER - AUDITOR'S CARDINAL I- CARDINAL RIDGE I PARCEL HEIGHTS PART TWO 99051 II BK41 PG114 � a lsnN� 620� III \ POND AR❑INAL CAD \ A3 \ I \ 4 e.t \ \ GI \ S APARCEL CARDINAL HEIGHTS 99051 3K41 PG114 301 CAMP CARDINAL RD DEER 17- 11� CARDINAL VILLAS CONDOMINIUMS Rfi II ;- \ — o oR Iv zoo CARDINAL RIDGE CARDINAL RIDGE PART TWO I PART ONE III I 60 SHAGBARK CT Approved February 7, 2023 PRELIMINARY PLANNED DEVELOPMENT OVERLAY AND SENSITIVE AREAS DEVELOPMENT PLAN WESTERN HOME GPD OF IOWA CITY AR K CT IOWA CITY, SHAG IOWA APPLICATION NOTES THE PROPOSED DEVELOPMENT AND ASSOCIATED PUBLIC IMPROVEMENTS WILL IMPACT LESS THAN 35%OFTHECRTRCALSLOPES. THEREDUCTION OF THE REQUIRED WETLAND BUFFER WILL REQUIRED A LEVEL 11 SENSITIVE AREA REVIEW. NEIGHBORHOOD OPEN SPACE REQUIREMENTS WILL BE MET VIA "FEE IN LIEU" PAYMENT AT TIME OF FINAL PLATTING. / LOT A �,\ + Pj I 355 BUTTERNUT CT 1, EXISTING q 343 BA, WATER \��VAA� _- P1 BUTTERNUT CT ST ANDREW -RIAN PAsar CHURCH ONE BUTTERNUT CT \ IMPACTED STEEP SLOPES: IMPACTED CRITICAL SLOPES: PROTECTED SLOPES: \ LOGT[ON PAFA (SF1 LOCATION AREA (3) LOGTION -(SF) R.1« 0 N, 3 O PR.9» as zss To RDTE—DELOPE 3ssz3 a,ss roT L M1— 1s.- DRPRDTE ED WESTERN HOME INDEPENDENT LIVING SERVICE, INC 5703 CARAWAY LANE CEDAR FALLS, IA 50613 ST ANDREW PRESBYTERIAN CHURCH 140 GATHERING PLACE LANE IOWA CITY, IA 52246 DEVELOPER SALIDA PARTNERS STEVE LONG 308 E BURLINGTON #403 IOWA CITY, IA 52240 (319) 62I-3462 WESTERN HOME SERVICES, INC 5703 CARAWAY LANE CEDAR FALLS, IN 50613 CIVIL ENGINEER WELCH DESIGN AND DEVELOPMENT MICHAEL J. WELCH, PE PO BOX 679 NORTH LIBERTY, IN 52317 319 214-7501 SHEET INDEX SHEET SHEET NAME SADP-1 REGLUATED SLOPES SADP-2 WOODIANDS SADP-3 CONCEPT PLAN SADP-4 CONCEPT PLAN - NORTH SADP-5 CONCEPT PLAN - SOUTH welch design development WESTERN HOME INDEPENDENT WESTERN HOME GPD OF IOWA CITY REGULATED SLOPE LEGEND: C9JBM91BMIITML M2 AL 1 19-15 ]3 5TE® SIDPE (]8%-25%) CEITY 1533 I:4 —L—PE R--) c PROTERED SLOPI (>m%)IM REGULATED SLOPES - PRELIMINARY PLANNED DEVELOPMENT OVERLAY & wwTEcrEo sLOPE eurs�R BEE SENSITIVE AREAS DEVELOPMENT PLAP CON-04 AREA UMDs ---- ­1025 �DWE—L .Drffa. 2=15 2i,22 SADP-1 CARDINAL NTE SOUTH 'ART\TWO ——— J 9U MEAN CORRIDOR - ! SO STREAM BLFFER - AUDITOR'S CARDINAL I- CARDINAL RIDGE I PARCEL HEIGHTS PART TWO 99051 II BK41 PG114 r � o1lsnNc 20 6� III \ PDNO AR❑INAL CAD ZT II I I \ a al CARDINAL AUDITOR'S PARCEL 1`�I / -� HEIGHTS 99051 BK41 PG114''I`. J _ R§k I I I G/Ipm,�OifEK I � N � I \ — 0 DB Iv zoo Ili RHx�nx� CARDINAL RIDGE CARDINAL RIDGE PART TWO PART ONE III 1 I \ DEER CREEKRD �. �\ \ l'$ `• �\ \` i I 'I �T"T� ll! I. 5 ISTNG srOPxFASNArelx I "A � i I 1 I \\ V '�: �II �,i� II a�.�l r ST ANDREW PRESBYTERIAN CHURCH — PART ONE \� II Y g 301 I g CAMP CARDINALS _ RD I I caROWA1 vILUS CONDOMINIUMS11 \ \, 60 SHAGBARK CT 70 SHAG HARK CT 355 BUTTERNUT CT LEGEND: WOODLANDS & WETLANDS DEVED—ENT Re-ED: 0 PREsmvm w000urvD / � l I I ! G F aUFFEREO MODurvD m TNPAGND w000uxD I • 11 343 BUTTERNUT CT /' IMPACTED WOODLANDS MENT-RELATED B. wEruxD murnaar N'L wETuxD euFFER wCA � EAi`1 CONBIRUETTON AREA LIMBS ---- 331 \\ GE9.413 BUTTERNUT CT \ \\ C3 181R 35,T39 we I c h PCO.I IM ED AREA 319Az .1. 111111Aau A',- A. design development TOTALE11—AaEA za ""WESTERN HOME INDEPENDENT PERIENTRETAINED 111. >E LIVING SERVICES INC. V. AR-D0OO NOTCOUNTTOwARDS RSTrvHoxvawEs. WESTERN HOME GPD OF IOWA CITY WETLANDSMEM BE REOUaD sn ERAS500LATEDWTHTIEWETUTID W[LL BY To HwNr N NO I-- TIRAN so OFBUFFER AROUNDTIE M-ND PER SECTION - _ UTV 9JBMIiTAL kl 09-14ll GTTY vBMTTTAL xz Ls�u NZE a DoweRpa�E.1HA. WOODLANDS/WETLANDS- PRELIM. �,T°wTSUl EFIN of .DON w NN AREA PLANNED DEVELOPMENT OVERLAY & , AREAS, ExLBTING SENSITIVE AREAS DEVELOPMENT PLAN BASINNOT BE„DENE-DLEOR OTIER DONNAISDD DMGN CF THESE TO ACCOMPANY TIE CONBTRUCNON ND 1025 xunffa. �DWELCH p SRES GS AND FINAL SADP, C: 171i2022 SADP-21 CARDINAL NTE SOUTH 'ART\TWO \ J 3C MEAN CORRIDOR - SO STREAM BUFFER - AUDITOR'S CARDINAL I- CARDINAL RIDGE I PARCEL HEIGHTS PART TWO 99051 II BK41 PG114 —— — � IXISTING 620 CA \ II FUND AR❑INAL CAD ,— �I\ I 0l L_r CARDINAL HEIGHTS AUDITOR'S \ PARCEL 99051 I /" BK41 PG114 BUILDING M2 III 36TORUS Q � CARDIN L 301 - - CAW P CARDINAL RD I II /_ i \ 0 00 fv 200 III vmBa MO� CARDINAL RIDGE CARDINAL RIDGE PART TWO PART ONE �� la ,IC � 60 SHAGBARK CT IMAGINARY LOTLINE SHOWN FOR ZONING COMPLIANCE (TYPICAL) 70 SHAGBARK C EIUSTING PIPELINE EASEMENT DK341 PG24B 2 ,\ I F A �'�, i i � � � i •� � � � LOT A � I �.� \v % BUTTERNUT CT \ I I \ J - -- --U10" ---- __ - I-- (lUBHWSE I EXISTING o III 1fiR®DEALING UNITS STORM WATER \ 3 SRORIES GASW Y WIRY 343 BUTTERNUT CT C MEMORY CARELGHNG T ,MG STALLS I Y TM, CONSTRUCT TURN AROUND --. AND GNBPAVEMEMTO SOUTH. MIN. 39 RAD. AT EWE OF PAVEMENT --� \\ BU TF \ CONNECT TO i F)OSITNG WATER LINE \' \\\ MAIN LOOP AND 20'EASEMENT ST ANDREW PRESBYTERIAN / CHURCH — PART ONE PARKING & TRAFFIC DATA T GENERAL SITE DATA: ME Qu1RE XTS FGROIC UN.00IN— MERE LM —froze ERJ13EO5 32 aEos 11 SrULs 1 REACHSTAFF 16 STAFF 16 STALLS U SInGLEFAI4RY UNITS s AZFA Toro 2,625 SF 91," SF w6Tor. v sTAL1s DUP�Fx UNITS a 2,EIP . 1:[N sF MULTI -FAMILY YI- INDEPENDENT ELDER SRERUNIT LEUNF5 166T.LS CLUBHOUSE CONDO (BUILDING #C EDROOM UNITS R 14,150 EF MULTI -FAMILY 12 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 EITY wDMIITAL#2 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 wOWELCH sxLFTNxNB=R. PROTECTED SLOPF wFFEz III® Y� GGNETRUDnONARE,LIMF ---- 1z=15i!)22 SADP-3 C CARDINAL POINTE SOUTH AUDITOR'S PART TWO PARCEL 99051 it 9K41 PG114 I�1 i j EXISTINGP NE kA • ,� ` _ 7CHURCH PART ONE CARDINAL RIDGE CARDINAL RIDGE ✓ PART TWO PART ONE r 1 _____EXISTINsToaM WntER —IN N / Ci 1 _ LEGEND: % SINGLE-R ILY CIXJCO D—X CONGO NULTI-UNR WN00 _ / TOWNHOME _ � / - ' COTTAGES- MEMORY GRE _ Ir /I'rr-r welch design development WESTERN HOME INDEPENDENT / LIVING SERVICES INC. � WESTERN HOME GPD li 111 I� j OF IOWA CITY -7--- - r .� ��� CIN 9JBMIiTAL k1 0914 ]3 cnv vBMlrrAL az -Isu II I I I c my suBMITraL xa Iz-ss.za I p PLAN NORTH - PRELIMINAR - PLANNED DEVELOPMENT OVERLAY & --_— SENSITIVE AREAS DEVELOPMENT PLAN wo1025 ,WELCH - - ; - c iM 02z SADP-4 EE ST AND EW PRESBYTERIAN CHURCH — PART ONE 1 � g •�GATHERIN LAtf LN ---- ,��I�I1 jl I II II '� i I I .\!Toso STORM Bns�n(WETR ERIsrINT sroRN WATER IN i II LEGEND: r B.GE.B LYE B� B—C— iI E, MBLnBRR�B� welch \ � design development \ "I WESTERN HOME INDEPENDENT \ LIVING SERVICES INC. WESTERN HOME GPD OF IOWA CITY \ UTV 9JBMIiTAL kl OB-14 ]3 \ CRY 91BMI1TAL N2 1533 CONCEPT PLAN SOUTH - PRELIMINARY \ PLANNED DEVELOPMENT OVERLAY & r SENSITIVE AREAS DEVELOPMENT PEA \ ..1025.. "' ELCH .—.... \ c iz=iszozz SADP-5 ATTACHMENT 3 Preliminary OPD and SADP Plan - Proposed CARDINAL it — POINTE SOIfTH li i PART\TWO �I—.--.—\ " --.—.--.— 717 v, � I �I - II 30' STREAM CORRIDOR 5U STREAM BUFFER III AUDITOR'S CARDINAL V CARDINAL RIDGE PARCEL HEIGHTS PART TWO 99051 11 I BK41 PG114 -- Ir -- 620%CA \ EA_ POND ARDINAL ROAD I N\ AUDITORS CARDINAL HEIGHTS PARCEL 99051 Row _ B K41 PET 14 n'i I 301 I CAMP a CARDINAL RD I i I � > I i ST ANDREW PRESBYTERIAN CHURCH — PART ONE II II °_ II I i I \ , II CARDINAL VILLAS CONDOMINIUMS .v nRi F,L -El as IIII CARDINAL RIDGE CARDINAL RIDGE PART TWO PART ONE II 1 II II 5LSRIV WATER BASIN 60 SHAGBARK CT / ----�F \+. sII I,I� 1 £ 355 �T2/ BUTTERNUT CT I �I h.1 I 1 I � I I F s4♦ 343 BUTTERNUT CT 0 1sc�=� I 141 — — 331 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— _ oO N —A AR ia,sse AR Locolu —A D�a STEEP —NE lLevo zsvol � I CITY - - - - O15sS1 OOP Ls,s® CEIT—L SOPE AI'l. O 'L— O To ROTECTEDCORPROT0TDlE ROTECTEDs OPE (1101I EETN EGULATED SLOPES - FINAL h1 TOTAL rnPA�ED W,— 1111 TOTAL rnPA�ED TOTALCRTCALILOPE ,31,,, �,» ILOPEDDTFERc ROTECTED soPE DOEEER �Y ®III PLANNED DEVELOPMENT OVERLAY& SENSITIVE AREAS DEVELOPMENT PLAN TOTALSTEEPSLOPE AS— PERIENTI.N—ED aL.c CONSTRICTION AEEA LI.— —"— RO 1025 RD'NIELCH MA —ER eT xur.�seR. IENT NAITED 1. ' B' „°,¢Zo21 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 PLNI C 0 ULT , '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 L - I E AREARE C — — — — — — I I L3 STORIES LANE PARKINC SHLL BE SO 0 LACE 2-90P COTTAGE 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 I L I TH O=N LOT ING RATER ETDIEVE=E SHALL"ERE OPONI"FORRHO. REMOVAL FROM LYLE ANCLED D 2C Ac SKNEET PARKINC EVEN THOUCH STALLS ARE IN THE PUBLIC RICHT OF Al � [ 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 PINCLEIAMILl CONDO -SLAB F OF IOWA CITY [--] DECIAIN Ll BUFFER CONDO A UNITS) CITY EUBMI— MULTI UNIT COND 0 GOT TOAHNHOME RM CAMP CARDINAL COTTACES MEMORY CARE SHEET N66NCEPT PLAN - PRELIMINARY APDINA RD IIA E, F 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 PLANT SCHEDULE LOCATED ON SHEET L-02 "". 77 SF 9,1$9 SF I, i reoaosreo snreue \j! a o0 -._- I � ooTLTVEx«oEONFOreTreIll AT ON TO reE UEreFEO revOrevEss Orel E NnA��EO AMNMOM OF,o .. � O� F� TvnreEET TreEEs B. 10, covsTreucTorvo Dore NO reOME ooNnreoR ON TO PreEVENT 12 _ �� �T=�Erere��o�ATE T7,15zsF 10,9785F a hs _ �r N �o, 7,1505E 4 T LN— FEET OF FRONTAGE —NOT LE11TH. ONE /O— MORE THAN ONE FRONTAGE ONE TREE 1REQUIRED t . � 'A ♦ � � '._ � 7,1 OSF � ��OTY NTAOE,so A OoreEE RE reEMENTSFOre reEE GENT w oEEs. A M1,N1M / �� f v 103 v ;— 701 s �' / �. �\ 101—ERATOEMET ���ETreEEEE��O rePreO�reEreTreE 61,3905E — - ,-"� - - - 21 reOT� s,�o sF,ssosFPR CC..� RE QU DE D «iP psi .� OT 21) 1611 IF 1110 OiGDE oT� SF,ssosF � OT, IF,� 7 OT IF1SOS rerePreoMreEre OT,� z,102 IF ,� IF REQU DEED / � 4 � � 7,1995E � � 7,1 OSF III 7,1505E I � 8A 555F �� j � �A�./ w A A,, _ 'O V v.— vU,AOTA 459 SF ��� sF 8,293 SF LOT 2`� �,sZ\, Ac � wPF -- v o o 37102_j, 12 -a76ofsF�l — — \ o =F `/ W� 35F �o Z F 98 �A O 7, y 7135F I �,N�. 2 L- j -i i i TTP e F, __ A �.� o io u, — , r---- 16 101 Q wore 91,972 5� i - - J N ' T I CAI areE 7,1835 welch — — w daslgn.developmeM NIB - , p665F �_ ��TWESTERN HOME INDEPENDENT -_ MATCHLINE: L—01 ——�� �� LIVING SERVICES INC. u -- --- - re - — - 01-FL-02 _ — J w\` _ �_ 19=.. WESTERN HOME GPD w reT wsMP w«� w of I �' OF IOWA CITY CIT111" TA STREET TREES SHALL BE INSTALLED BY LOT OWNER \� N ' - - _� - 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. CC /� J� �1025 re01WELCH E 11 ��p liesi n Tre,s,D �11�1Wx129 LlO1 .. ............... C:) wit ­JCBF � IT _J1 LF FROM HYDRANT MANHO­ ­ NT­ NGLE FTLyrerev'REreAreM�NET TRE` FT __D Y LOT ER DIR ­ HOME 10NITR11T ON TO IRE INT Rsa IONITRIITION DAM— ­­11 R1­R­­ 7 `R�E EERE QEUN RETM ENUT�L" A 'T REE T R� ET 'R� T 0 Z R GHT OF ­y �10R=F�4RIO�NLTN­ LFOE7T ON E -GE TREE IREQUIREDFOR ­ F FRONTAGE OR ONE IMALL TREE FOR Qmc 1111E_ MATCHLINE: L- TY1111LINEAR FEET OF FRONT— ­ NOT LE11 THM ONE 11 LTT 01 ET3E YZ70T QRC 11 LIR 111ILFFRONT­141- DEECREEK RID A 11 QRL osP 1111N 11 ­F 111R­DED ons III LIR 'ORY I TTHYM(,OR) �, NTH M FENEETFoRFOFNRTol E�N E T R E E I I R E QU I R E D . .... .. 11 10H FoR NT E 1414LFFR0N­E III- 72P OV�DED 'A4M ' I MR EMERREEQQUURREEMMEENN T T'l FOR RE " DENTAL UIEI N � -OR TOCRo R oUNPNLG�T = LTYRDE- T 'T' 11p LL NLG G rGU El E1LMLUN1GT%EM= ED'LOYN IITE "N p 11 IPD F JC AT A M N MUM=O� AoFLETIT, NU, DENEGFC0oR,1RYEFo1 HUNLDoRTED Y F FTY( ) Q E T oT _ F THE M CO=ORNAT F11ol, ALIEIII IF 1­GLTMD IFE TREEI 11 ILO-D PROVIDED THII , 1111R 17 I.M Co M I cm (LOT ) - 111 - P ROIDED U RED (LOT 21) - I III IF 1111 IF - 11 PR­DED F_: (LOT 2­11111F 11111F- — 11 1 p ROIDED 2 17 I.M oI III IF I III IF - I RE QU RED � 14 111 IF I III IF - 21 PRRo � DREEDDacA 11 (LOT 112) - 17 211 IF I III IF - �� RRQ=D L CIF o C, 11 PR­DED 2l 112 IF 1111 IF - RE Q p RO HN 14 IMP R 12 LT 41 74'1'1�F;21'1N1T - E71 REQUIRE D Z ML ..PRO DED 14 11 CCN 2 ­ I 12 GDE PSE LOT 4.23 Ac Z 14 C01 12 MIP 11 PTN jxp LAM 12 C— 11 cl jxm 14 MIIP oval 121M NIINEEI 1­1P 11 TM I Landscaping Pl.. i. ..bj.d t. Zoning C.d. A..d.,ds which will b. reviewed with the site pl... The pl.n shown h­ i. . concept ..d i. subject to c!,..g. i. ­p1i.me with those A..d.,d.. Welch 1� 5T — design. development -LIENT LTpT WESTERN HOMEINDEPENDENT LIVING SERVICES , INC WESTERN HOME GPD OF IOWA CITY STREET TREES SHALL BEINSTALLED BYLOT OWNER DURING HOME CONSTRUCTION. ICONCEPT LANDSCAPE PLAN ILA Designi­­16,1 1­'�EL5H­' 2 . . . . . . . . ~ ^^ ' `. A -A] Design ATTACHMENT 4 Building #103 Renderings A * � f4711 e. I �� 4 JAM' S _•� I.I 1 P 11 s�` ; 5 * ,.'i 4 � �,._.�9 '� ; �Tx � � � �v k �-� { ' ••'� a P��1 w ,� �f ,... ;,. low iaL ;-lop s � � • � � "vim �"" s. a 4-�7 c w t 1 » ��Ott - L � w 0 ,000 0"Y 'I ., i" '4 4 144 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 � r C Mai 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 ! aY� ^ CITY OF IOWY CITY UNESCO CITY OF LITERATURE r —"f 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