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Home My WebLink About2025-06-17 ResolutionItem Number: 5.c. CITY OF IOWA CITY COUNCIL ACTION REPORT June 17, 2025 Resolution approving applications for retail tobacco, tobacco products, alternative nicotine products, vapor products, and device retailer permits, as required by Iowa Code 453A.47A and Iowa Code 453E.3. Attachments: Resolution Executive Summary: Pursuant to Iowa Code §453A.47A, a retail permit is required to sell tobacco, tobacco products, alternative nicotine products, or vapor products at any place of business or through delivery sales. All permits provided for in Iowa Code §453A.47A expire on June 30 of each year and require payment of the applicable fee established in Iowa Code §453A.47A(7). The Iowa Department of Revenue implements the retail permit requirements of Iowa Code §453A.47A. The City Clerk's Office issues all permits for retailers located within city limits. As part of the retail permit process, the Iowa Department of Revenue requires applications be approved by the City Council once the City receives the completed application and the appropriate fee is paid. Background / Analysis: During the 2024 legislative session, the Iowa legislature enacted Iowa Code §453E.3, which regulates and taxes the sale of devices effective January 1, 2025. Per the legislation, a "device" is defined as any equipment or product, made in whole or in part of glass or metal, that is designed for use in inhaling through combustion tobacco, hemp, other plant materials, or a controlled substance. A device retailer shall only display and sell devices in a location of a retail outlet where the device retailer ensures that the devices are not visible to a person younger than twenty-one years of age and where no person younger than twenty-one years of age is present or permitted to enter at any time. Based on this legislation, we have included 'device' in the permit approval resolution and will indicate the permit type for which each business has applied. Prepared by: Wendy Mayer, License Specialist, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5042 Resolution Number: 25-146 Resolution approving applications for retail tobacco, tobacco products, alternative nicotine products, vapor products, and device retailer permits, as required by Iowa Code 453A.47A and Iowa Code 453E.3. Whereas, applications for Tobacco/Tobacco Products/Alternative Nicotine Products/ Vapor Products/Device Retail permits have been submitted and filed with the City Clerk; and Whereas, the applicants have fled the proper application and fees as required by the Iowa Department of Revenue; and Whereas, applications are presented to City Council for approval. Now, Therefore, be it Resolved by The City Council of Iowa City, Iowa, That: Section 1. The City Clerk is hereby authorized and directed to issue a permit to the following named applicants and locations to sell the following products: Effective from: July 1, 2025 to June 30, 2026. Business Name Business Address PermitType Pink Clouds Smoke Shop 624 S. Gilbert St. Tobacco Permit Pink Clouds Smoke Shop 624 S. Gilbert St. Device Permit Crown Liquor 1661 S. First Ave. Tobacco Permit Passed and approved this 17th day of _ � r a Mayor ) Attest( �1 l/ 6 C�Z ty Clerk 20 25 Approved by City Attorneys Office (Jennifer Schwickerath — 6111/2025) Resolution No. 25-146 Page No. 2 It was moved by Bergus , and seconded by Weilein , that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter x Bergus X Harmsen x Moe x Salih x Teague x Weilein Item Number: 5.d. CITY OF IOWA CITY COUNCIL ACTION REPORT June 17, 2025 Resolution approving applications for retail tobacco, tobacco products, alternative nicotine products, vapor products, and device retailer permits, as required by Iowa Code 453A.47A and Iowa Code 453E.3. Attachments: Resolution Executive Summary: Pursuant to Iowa Code §453A.47A, a retail permit is required to sell tobacco, tobacco products, alternative nicotine products, or vapor products at any place of business or through delivery sales. All permits provided for in Iowa Code §453A.47A expire on June 30 of each year and require payment of the applicable fee established in Iowa Code §453A.47A(7). The Iowa Department of Revenue implements the retail permit requirements of Iowa Code §453A.47A. The City Clerk's Office issues all permits for retailers located within city limits. As part of the retail permit process, the Iowa Department of Revenue requires applications be approved by the City Council once the City receives the completed application and the appropriate fee is paid. Background / Analysis: During the 2024 legislative session, the Iowa legislature enacted Iowa Code §453E.3, which regulates and taxes the sale of devices effective January 1, 2025. Per the legislation, a "device" is defined as any equipment or product, made in whole or in part of glass or metal, that is designed for use in inhaling through combustion tobacco, hemp, other plant materials, or a controlled substance. A device retailer shall only display and sell devices in a location of a retail outlet where the device retailer ensures that the devices are not visible to a person younger than twenty-one years of age and where no person younger than twenty-one years of age is present or permitted to enter at any time. Based on this legislation, we have included 'device' in the permit approval resolution and will indicate the permit type for which each business has applied. i Prepared by: Wendy Mayer, License Specialist, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5042 Resolution Number: 25-147 Resolution approving applications for retail tobacco, tobacco products, alternative nicotine products, vapor products, and device retailer permits, as required by Iowa Code 453A.47A and Iowa Code 453E.3. Whereas, applications for Tobacco/Tobacco Products/Altemative Nicotine Products/ Vapor Products/Device Retail permits have been submitted and filed with the City Clerk; and Whereas, the applicants have filed the proper application and fees as required by the Iowa Department of Revenue; and Whereas, applications are presented to City Council for approval. Now, Therefore, be it Resolved by The City Council of Iowa City, Iowa, That: Section 1. The City Clerk is hereby authorized and directed to issue a permit to the following named applicants and locations to sell the following products: Effective from: July 1, 2025 to June 30, 2026. Business Name Business Address PermitType Essentials Vape and Smoke Shop 560 Highway 1 W Device Permit Mini Paradise 341 S. Linn St. Tobacco Permit Mini Paradise 341 S. Linn St. Device Permit The Konnexion 106 S. Linn St. Device Permit Urban Fuel Express 2580 Moss Ridge Rd Tobacco Permit CIV Plus Iowa City 1745 Boymm St. Tobacco Permit The Crown Liquor 324 E. Washington St. Tobacco Permit Iowa Smoke Time Vapor Shop 220 E. Washington St. Device Permit Passed and approved this 17th day of June I -e May r Attest: City Clerk 2025 Approved by City AttornQl s Office (Jennifer Schwickerath — 6/1212025) Resolution No. 25-147 Page No. 2 It was moved by Bergus , and seconded by Weilein , that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter x Bergus x Harmsen x Moe Salih —x— x Teague x Weilein Item Number: 6.a. CITY OF IOWA CITY COUNCIL ACTION REPORT June 17, 2025 Motion granting a 50-day extension to the Community Police Review Board for the filing of the Public Report with the City Council on Complaint #24-09. Reviewed By: Geoff Fruin, City Manager Staff Recommendation: Approval Commission Recommendations: Approval Attachments: CPRB 24-09 extension request Executive Summary: City Code Section 8-8-7 B(9) states the Board's report to the City Council shall be completed within ninety (90) days of receipt of the Chiefs or City Manager's report. The City Council may grant requests for extensions to this deadline upon good cause shown. The Board voted in open session to request an extension to the Board's deadline to file its Public Report for Complaint #24-09. Correspondence included in the Council packet. COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 E Washington St Iowa City IA 52240 (319)356-5041 June 11, 2025 Mayor Bruce Teague 410 E Washington St Iowa City IA 52240 Dear Mayor and Council Members: As the CPRB Vice -Chair, I would like to request an extension to the Board's deadline to file its Public Report for Complaint #24-09. Paragraph 8-8-7B(9) of the enabling local ordinance provides that the City Council may grant a request for an extension upon a showing of good cause. The Board's good cause in support of this request is shown as follows: ■ Due to timelines and scheduling and additional investigation requested ■ Public Report presently due June 26, 2025 50-day Extension request — Report would be due on August 15, 2025. Sincerely, 11 1p""j, sow ��,Wj 04, David Schwindt, Vice -Chair Community Police Review Board cc: City Attorney's office CPRB Item Number: 6.b. CITY OF IOWA CITY COUNCIL ACTION REPORT June 17, 2025 Resolution amending Resolution Number 25-130 to delete Almost Paradise from the list of applicants and locations to be issued tobacco and device retailer permits effective July 1, 2025 to June 30, 2026. Prepared By: Reviewed By: Fiscal Impact: Staff Recommendation Commission Recommendations Attachments: Resolution Jennifer L. Schwickerath, Assistant City Attorney Sue Dulek, First Assistant City Attorney N/A Approval N/A Executive Summary: Almost Paradise is no longer eligible for tobacco and device retailer permits effective July 1, 2025 to June 30, 2026 because its tobacco permit was revoked. Background / Analysis: Council approved Almost Paradise's applications for tobacco and device retailer permits effective July 1, 2025 to June 30, 2026 at the June 3, 2025 Council meeting. After this approval, there were two hearings held before Council regarding Almost Paradise's fourth and fifth violations of selling or supplying tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes to a minor. Council found that an Almost Paradise employee had sold an illegal product to a minor on both occasions and assessed the required civil penalties for a fourth and fifth offense. The civil penalty for the fifth offense was a revocation of Almost Paradise's tobacco permit and Iowa Code §453A.22(4) provides that if a permit is revoked for a fifth violation, "a new permit shall not be issued to the permit holder for any place of business, or to any other person for the place of business at which the violation occurred, until one year has expired from the date of revocation; unless good cause to the contrary is shown to the issuing authority." Almost Paradise is no longer eligible for the tobacco permit approved by Council prior to the hearings on the fourth and fifth violations. In order for a business to be eligible for a device retailer permit, Iowa Code §453E.3(1)(a) requires the business to have a valid tobacco permit. Because Almost Paradise's tobacco permit has been revoked, it therefore is no longer eligible for a device retailer permit. Prepared by: Jennifer Schwickerath, Asst. City Anomey, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030 Resolution number: 25-148 Resolution amending Resolution Number 25-130 to delete Almost Paradise from the list of applicants and locations to be issued tobacco and device retailer permits effective July 1, 2025 to June 30, 2026 Whereas, that on June 3, 2025, the City Council passed Resolution Number 25-130 authorizing and directing the City Clerk to issue tobacco and device retailer permits effective from July 1, 2025 to June 30, 2026 to fifty-six retailers, including a tobacco permit and a device retailer permit for Almost Paradise located at 355 S. Linn St., Iowa City; and Whereas, that on June 3, 2025, after authorizing and directing the City Clerk to issue a tobacco and a device retailer permit to Almost Paradise, the City Council passed Resolution Number 25-145 revoking Almost Paradise's retail cigarette permit as required by Iowa Code §453A.22(2) for a fifth violation of Iowa Code Section §453A.2(1) (selling or supplying tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes to a minor) within a four-year period; and Whereas, Iowa Code §453A.22(4) provides that if a permit is revoked for a fifth violation, "a new permit shall not be issued to the permit holder for any place of business, or to any other person for the place of business at which the violation occurred, until one year has expired from the date of revocation, unless good cause to the contrary is shown to the issuing authority"; and Whereas, Iowa Code §453E.3(1)(a) requires a valid tobacco permit in order to be eligible for a device retailer permit; and Whereas, Almost Paradise is no longer eligible for a device retailer permit because its tobacco permit has been revoked; and Whereas, the City Clerk has not yet issued the tobacco and device retailer permits to Almost Paradise; and Whereas, Resolution Number 25-130 should be amended to delete Almost Paradise from the list of applicants and locations to be issued tobacco and device retailer permits because Almost Paradise no longer meets the requirements for said permits. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that 1. Almost Paradise is no longer eligible for tobacco and device permits. 2. The City Clerk shall not issue tobacco and device retailer permits to Almost Paradise located at 355 S. Linn St., Iowa City; and 3. Resolution Number 25-130 shall be amended by deleting Almost Paradise from the list of applicants and locations to be issued tobacco and device retailers permits. Resolution No. 25-148 Page 2 Passed and approved this 17 tbay of .Tune 2025. May& Approved by Attest: ��ak.A�l.-.(� r'\t i�'�LAC� City Clerk City Attory ey's Office (Sue Dulek - 06111/2025) - It was moved by Bergus and seconded by Weilein the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter �- Bergus x Harmsen x Moe x Salih x Teague x Weilein Item Number: 6.c. CITY OF IOWA CITY COUNCIL ACTION REPORT June 17, 2025 Resolution to stagger the terms of the Housing and Community Development Commission. Prepared By: Susan Dulek, First Ass't. City Attorney Reviewed By: Brianna Thul, Sr. Planner Fiscal Impact: none Staff Recommendation: Approval Commission Recommendations: none Attachments: HCDC minutes 4 21 25 draft Resolution Executive Summary: Council recently amended the by-laws of the Housing and Community Development Commission (HCDC) to decrease the commission from 9 members to 7. The term of each member is 3 years which was not amended, and under a 9-member commission, the terms were staggered such that 3 terms expired every year. In transitioning to a 7-member commission, there was a consensus among HCDC members at the April 21, 2025, meeting to stagger the terms such that the terms of 3 members expire in 2028, 2 in 2029, and 2 in 2030, which is what the resolution does. MINUTES HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL 21, 2025 — 6:30 PM FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL DRAFT MEMBERS PRESENT: Horacio Borgen (via zoom), Maryann Dennis, Amos Kiche, George Kivarkis, Kyle Vogel MEMBERS ABSENT: Daouda Balde, Karol Krotz STAFF PRESENT: Sue Dulek, Erika Kubly, Brianna Thul OTHERS PRESENT: None RECOMMENDATIONS TO CITY COUNCIL: By a vote of 5-0 the Commission recommends that City Council approve the proposed change to the by- laws to change from a nine -person Commission to a seven -person Commission. By a vote of 5-0 the Commission recommends that a staggered 2-2-3 appointment schedule for the Commission beginning in 2025. By a vote of 5-0 the Commission recommends that City Council discharge Daouda Balde from the HCDC. CALL MEETING TO ORDER: Vogel called the meeting to order at 6:30 PM. CONSIDERATION OF MEETING MINUTES: MARCH 24, 2025: Dennis moved to approve the minutes of March 24, 2025. Kiche seconded the motion. A vote was taken and the minutes were approved 5-0. PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA: None. CONSIDER A RECOMMENDATION TO AMEND THE HCDC BY-LAWS: Vogel explained that at the last meeting the Commission discussed the reasoning for changing the membership and stated tonight was another prime example where they could not get the number of members present needed to have a quorum. Luckily, Borgen was able to join by Zoom. Also, currently there are only seven active members and there's two vacancies. Dulek provided an overview of the memo in the packet and noted the Commission doesn't have to make a recommendation as to the how they move to a seven member group, but they can provide their input for City Council. She also suggests that they consider staggering the membership. Currently there are three members with terms that will end in 2025, one member's term that will end in 2026, as well as the two vacancies right now would be for terms expiring in 2026. Dulek noted that Commissioner Kiche's term has already been renewed to the end of 2028 so if the Commission wants just two terms to expire in 2028, they would have only one open vacancy to start this summer because Commissioner Kiche is Housing and Community Development Commission April 21, 2025 Page 2 of 5 already appointed to serve through 2028. The Commission also plans to discuss potential discharge of a current Commissioner on the next item and that would change the number of available vacancies. Vogel stated regarding the recommendations he really likes the 2/2/3 and maybe it would make sense to put Kiche in one of those first sections as the one that would end in 2028 since he's already been appointed. Vogel will serve through 2026 and would probably offer to serve again unless Council decided otherwise. Then the three that end in 2027 are Kivarkis, Krotz and Balde. He likes the idea of three appointments ending in 2028. Dennis asked if they have to fill one year terms and two year terms, could the applicant specify what they are interested in? Dulek confirmed they could and that Council could also consider appointing for the one year term plus a full next term. She noted Council is aware of the conversation regarding going from nine members to seven and that's why they haven't made appointments. Kivarkis asked how long it would take to transition to seven members. Dulek explained that the next steps would be a Rules Committee meeting and then perhaps at the second meeting in May, Council can decide whether they agree to go to a seven person Commission. Kivarkis moved to recommend that City Council approve the proposed change to the by-laws to change from a nine -person Commission to a seven -person Commission. Motion seconded by Kiche and passed with a vote of 5-0. Kivarkis moved to recommend a staggered 2-2-3 appointment schedule for the Commission beginning in 2025. Motion seconded by Kiche and passed with a vote of 5-0. CONSIDER A RECOMMENDATION TO CITY COUNCIL TO DISCHARGE COMMISSIONER: Vogel stated that Daouda Balde was appointed to the Commission. Last October, he did come to one meeting, but since then they've been unable to communicate with him. He noted City staff has reached out via mail and phone. Vogel is asking that the Commission make the recommendation to Council to discharge Balde from his position so that they have a slot open for a new interested party to serve. Kiche noted looking at the attendance report in the agenda packet, it shows Balde only attended one out of the four meetings and two of the absences are marked OE, which means they are excused. Looking at the by-laws of the Commission, Section E states three consecutive, unexplained absences of a member from regular meetings will result in a recommendation to the City Council from the Commission to discharge said member and appoint a new member. At this moment, it appears that the Commissioner, who is not here, has not missed three consecutive meetings. Thul explained that all absences in the minutes have been recorded as excused because there is not an established criteria for what is considered excused and what isn't. This year staff have moved towards what other board and commission do by using "present" and "absent" in the minutes instead. Thul continued that staff have not had any communication with this Commissioner explaining the absences. They've tried phone calls, emails, and mail. Staff sent a letter in January about the general importance of attending Commission meetings. Additionally, prior to this meeting, staff sent a letter via mail and email letting him know that this item would be on the agenda. They also sent a copy of the packet. Vogel noted one more important piece of clarification is that only the dates of meetings they were actually able to hold are shown on the attendance list. There were meetings the Commission had to cancel because of lack of quorum as well and he did not respond to those meeting invites either. So there has been more than three unexplained absences. Thul stated that there are people that have missed meetings that have reached out to say that they couldn't attend. Those are treated differently than unexplained absences. Housing and Community Development Commission April 21, 2025 Page 3 of 5 Kiche noted it is important to have all that information in the public record so all can see the issue. Thul can see how it would be helpful to show the meetings that were cancelled due to lack of quorum in the attendance sheet as well for transparency. She has seen other boards and commissions do that in the minutes. Kiche supports this. It is important to note situations where they have those long duration vacancies because it puts the Commission in a very bad situation. Vogel agreed that they should note who was present even if the meeting is cancelled so Council can see who is making the effort to show up. Dennis agreed and stated she researched other City boards and commissions and found that the HCDC is one of the largest with nine members. She continued that the Commission has missed two meetings that are really important to the community. Borgen agrees with the smaller commission and added that participating is one of the best things they can give to the Commission. Dulek stated next steps is Balde will get a letter if the Commission votes to remove him. It will go on the City Council agenda, and he will have the opportunity to come to City Council and explain if he wants to resist it. The resolution will clarify what meetings he did not attend and that it was without explanation. Commissioners thanked Dulek. Dennis moved to recommend that City Council discharge Daouda Balde from the HCDC. Motion seconded by Kivarkis and passed with a vote of 5-0. STAFF & COMMISSION UPDATES: Thul noted this week is National Community Development Week and pointed out two flyers in the packet that highlight the impact of the federal Community Development Block Grant and HOME Investment Partnership Program funds. The flyers include some of the local projects that have come through recommendations from the Commission. Thul continued that the National Community Development Association released a CDBG impact report today that was sent to all congressional offices to showcase the importance of the CDBG program and to call for a funding increase. DVIP's new shelter was featured in the report. April is also Fair Housing Month and there's a press release in the packet that has some educational opportunities and general information about housing discrimination. Kubly noted tomorrow the Johnson County Affordable Housing Coalition is hosting a bus tour for people to showcase affordable housing projects. One is at the Peninsula on 1310 Foster Rd, which is a rental housing partnership with The Housing Fellowship that the Housing Authority owns and manages. They will also be driving by the North Summit property that they intend to develop. Vogel noted that the previous chair, Kaleb Beining, attended the bus tour and had a positive experience. Kubly agreed and encouraged commissioners to attend in future years if they are interested. Vogel stated something he would like to discuss is the issue with low barrier temporary housing, like the homeless camps around town. There's nothing in the housing code that really addresses it. He acknowledged it puts the housing inspectors in a tight spot when they're trying to tread the line of "everybody needs to follow the rules," but at the same time, trying to be considerate and understanding of people that are in situations of need. Dennis noted it's happening all over the country, and the City should not adopt what other communities have done, such as fines and or incarceration. That is taking a step backwards. Housing and Community Development Commission April 21, 2025 Page 4 of 5 Vogel agrees and thinks they need to go the other way and have protections in place in the housing code that would protect low barrier housing to be established because right now there are no rules. Dennis stated it might help to have the staff person from the shelter come in and really talk about what they're doing to go out and try and connect with folks. It can take a long time, especially when somebody has significant mental illness, to get them to even respond and not want to flee. Kivarkis thinks it's almost impossible to find a general solution for an individual problem. To understand and connect to these people, to help them if they are willing to receive help is a good idea but it's a very complex situation. Kiche stated regarding the situation of homelessness, he was on the Truth and Reconciliation Commission and they were looking for some data on homelessness across the state, but for some reason they didn't get anything. They did not show up even to give a presentation on the situation. He noted the City did a survey during the planning process this year, but he hasn't looked at that report yet. They need to look at that report and really dig deep on the situation of collecting data. They will need a lot of information to help the City Council make decisions. Vogel asked staff to put something together from Shelter House for a future agenda. It would be good to know what kind of access they have to facilities. Thul stated they will add an that to a future agenda. Normally at the May meeting they would have the Annual Action Plan on the agenda, but it may be June before the Commission sees that because of the delays with the federal budget. Kiche stated he was looking at the reports they got. The people who receive the CDBG grants always send a report on whom they are serving and things like that. He is interested in how people served are showing progress because they could be serving the same persons every cycle. If they're just interested in the counts to justify things, that is easy, but he also wants to see the issue of efficiency and how well are people graduating from some of the programs. They might also want to see waiting lists of those who want services but can't get them because there are fewer capacities. Dennis noted a lot of that information will come through with the applications that they receive. Thul stated that the agencies also submit narrative data that may speak to that. With 20 agencies, staff try not to overwhelm the Commission with pages and pages of narrative, but if they're interested in reading that information staff can definitely provide that as well. ADJOURNMENT: Dennis moved to adjourn, Kivarkis seconded the motion and a vote was taken and the motion passed 5- 0. 2 Housing and Community Development Commission April 21, 2025 Page 5 of 5 Housing and Community Development Commission Attendance Record 2023-2025 Name Terms Exp. 10/19 11/16 3/21 4/18 5/16 6/13 8/19 9/16 10/21 3/24 4/21 -- -- -- -- -- -- A A P A A Balde, Daouda 6/30/27 -- -- A A P P P A A P P Borgen, Horacio 6/30/25 P P P P P P P P P P P Dennis, Maryann 6/30/25 Kiche, Amos 6/30/25 -- -- -- -- -- -- P P A P P Kivarkis, George 6/30/27 P P A A P P A P P A A Krotz, Karol 6/30/27 A P A A P P P P P * Patel, Kiran 6/30/26 P P A P P P A P A Pierce, James 6/30/26 -- P P P P A P A P Szecsei, Denise 6/30/25 A P P P A A P P P P P Vogel, Kyle 6/30/26 Key: P = Present A = Absent * = Resigned -- = Vacant Prepared by: Susan Dulek, First Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 Resolution No. 25-149 Resolution to stagger the terms of the Housing and Community Development Commission. Whereas, Resolution No. 25-131 amended the by-laws of the Housing and Community Development Commission (HCDC) to decrease the commission from nine members to seven members; and Whereas, the term of each member is three years which was not amended by Resolution No. 25-131; and Whereas, under a nine -member commission, the terms were staggered such that three terms expired every year; and Whereas, with a seven -member commission, there was a consensus among HCDC members at the April 21, 2025, meeting to stagger the terms such that the terms of three members will expire in 2028, two in 2029, and two in 2030; and Whereas, Resolution No. 25-131 provides Council will stagger the terms by resolution Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. In order to ensure a staggered turnover in transitioning from a nine -member commission, three terms will end one year, two terms in a second year, and two terms in a third year. 2. Given existing vacancies and previous appointments, the initial appointments will be as follows: For the term 7/1/25 to 6/30/28 (3 members): • Because Council previously appointed Commissioner Kiche to serve for this term, Council will appoint only two persons. For the term 7/1124 to 6/30/27 (2 members): • Currently there is one vacancy. • Because two members currently serve, Council will not appoint a person to serve the unexpired term. For the term 7/1123 to 6/30/26 (2 members) • Currently there are two vacancies. • Because one member currently serves, Council will appoint only one person to serve the unexpired term. Resolution No. 25-149 Page 2 Passed and approved this 17th day of June, 2025. Attest: I'� 2 ✓J)tks�C'Ge. City Clerk I� l Mayor Approved By, City Attoy ey's Office (Sue Dulek - 06/11/2025) It was moved by Bereus , and seconded by Weilein that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: y— Alter x Bergus x Harmsen x Moe x Salih x Teague x Weilein Item Number: 6.d. CITY OF IOWA CITY COUNCIL ACTION REPORT June 17, 2025 Resolution accepting the work for the storm sewer, sanitary sewer, water main, street, and paving public improvements for Cardinal Heights — Parts One and Two, and declaring public improvements open for public access and use. Prepared By: Josh Slattery - Sr. Civil Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: None Staff Recommendation: Approval Attachments: Engineer's Report Resolution Executive Summary: The construction of the storm sewer, sanitary sewer, water main, and paving public improvements for Cardinal Heights — Parts One and Two have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. Background / Analysis: Cardinal Heights — Parts One and Two are located between Camp Cardinal Boulevard and Camp Cardinal Road. The subdivisions include the extension of Deer Creek Road from Camp Cardinal Boulevard to Camp Cardinal Road, a cul-de-sac street north of Deer Creek Road, and a loop street to the south of Deer Creek Road. Cardinal Heights — Part One is a 9.80-acre residential subdivision providing 10 lots for duplexes, and a 3.24-acre outlot that is covered by a conservation easement and also includes stormwater management. Cardinal Heights — Part Two is a 17.88-acre residential subdivision providing 12 lots for duplexes, one multifamily lot for a 30-plex and a 4-plex, and a 13.27-acre outlot that is mostly covered by a conservation easement. pyah sk AM CITY OF IOWA CITY UNESCO CITY OF LITERATURE 410 East Washington Street Iowa City, Iowa 52240-1826 319-356-5000 1 www.icgov.org ENGINEER'S REPORT June 9, 2025 Honorable Mayor and City Council Iowa City, Iowa Re: Cardinal Heights — Parts One and Two Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the storm sewer, sanitary sewer, water main, and paving improvements for Cardinal Heights — Parts One and Two have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. The required maintenance bonds are on file with the Engineering Division of the City of Iowa City for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Streb Construction Co., Inc. of Coralville, Iowa. I recommend that the above -referenced improvements be accepted by the City of Iowa City, Sincerely, Jason Havel, P.E. City Engineer Prepareol by: Josh Slattery, Engineering Division, 410 E. Washington $L, Iowa City, IA 522Q (319) 356-5149 Resolution No. 25-150 Resolution accepting the work for the storm sewer, sanitary sewer, water main, and paving public improvements for Cardinal Heights — Parts One and Two, and declaring public improvements open for public access and use Whereas, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications approved by the Engineering Division. Sanitary sewer, storm sewer, and water main improvements for Cardinal Heights - Parts One and Two, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Cardinal Heights - Parts One and Two, as constructed by Streb Construction Co., Inc. of Coralville, Iowa. Whereas, the maintenance bonds have been fled in the City Engineer's office; and Whereas, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and Whereas, the traffic control signs have been installed. 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 and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 17t1h day of Attest: 6»=a+-le I CityClerk June 2025 M Approved by City Attomer s Office (Liz Craig - 06/11/2025) It was moved by sereus and seconded by weilein the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Harmsen x Moe x Salih x Teague Weilein Item Number: 6.e. CITY OF IOWA CITY COUNCIL ACTION REPORT June 17, 2025 Resolution accepting the work for the Mormon Trek PCC Patching Project. Prepared By: Justin Harland - Senior Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: None Staff Recommendation: Approval Attachments: Engineer's Report Resolution Executive Summary: Work on the project was recently completed by Feldman Concrete of Dyersville, Iowa in substantial accordance with the plans and specifications. The Engineer's Report and Performance, Payment and Maintenance Bond are on file with the City Clerk. Project Estimated Cost: $ 670,000.00 Project Bid Received: $ 542,070.00 Project Actual Cost: $ 598,807.84 There were three (3) change orders on the project that included pavement marking removals, pavement subbase and quantity adjustments. Background / Analysis: Over time, significant pavement cracking had developed on Mormon Trek Boulevard between Melrose Avenue and the Iowa Interstate Railroad. To extend the life of the roadway, extensive PCC patching was completed with this project. out CITY OF IOWA CITY 410 Ewa �Nlas tugton Street Iowa City, laws 40 1826 "'%'.1C80v.or ENGINEER'S REPORT June 9, 2025 City Clerk Iowa City, Iowa Re: Mormon Trek PCC Patching Project Dear City Clerk: I hereby certify that the construction of the Mormon Trek PCC Patching Project has been completed by Feldman Concrete of Dyersville, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City. The project was bid as a unit price contract and the final contract price is $ 598,807.84. There were three (3) change orders on this project as follows: 1) Water blasting for pavement marking symbols and legends $1,595.00 2) Modified subbase for large pavement patches $7,729.99 3) Bid item quantity adjustments Total $ 47,412.85 $ 56,737.84 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Prepared by: Justin Harland, Engineering Division, Public Works, 410 E. Washington St, Iowa City, IA 52240 (319) 35&5154 Resolution No. 25-151 Resolution accepting the work for the Mormon Trek PCC Patching Project Whereas, the Engineering Division has recommended that the work for construction of the Mormon Trek PCC Patching Project, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, Iowa, dated May 16, 2024, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been fled in the City Clerk's office; and Whereas, funds for this project are available in the Annual Pavement Management account # 53824;and Whereas, the final contract price is $598,807.84. 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 17th day of June 12025 MayoU U Attest: City Clerk Approved by City Attome s Office (Liz Craig - 06/11/2025) It was moved by sergus and seconded by weilein adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus T Harmsen Moe �- Salih x Teague x Weilein the Resolution be Item Number: 8.d. CITY OF IOWA CITY COUNCIL ACTION REPORT June 17, 2025 Resolution Approving Final Plat of Scarlett Point, a Resubdivision of Lots 8, 9, 10, 11, and 12 Bacons Subdivision, and Lots 49, 50, and 51 of Subdivision of Southeast Quarter Section 3- T79N-R6W, Iowa City, Iowa. (SUB24-0008) Prepared By: Danielle Sitzman, Development Services Coordinator Anne Russett, Senior Planner Reviewed By: Geoff Fruin, City Manager's Office Sue Dulek, First Assistant City Attorney Fiscal Impact: N/A Staff Recommendation: Approval Attachments: SUB24-0008 Staff Report Final Plat - staff approved SUB24-0008 Resolution Executive Summary: Staff recommends approval of the final plat subject to approval of the legal papers by the City Attorney's Office. It is anticipated that the legal papers will be approved prior to the June 17 City Council meeting. Approval will result in the creation of three residential lots. STAFF REPORT To: City Council Item: SUB24-0008 Scarlett Point Final Plat GENERAL INFORMATION: Owner/Applicant: Contact Person: Requested Action: Purpose: Location: Location Map: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Prepared by: Anne Russett, Senior Planner Date: June 17, 2025 TSB Holdings, LLC tracy(o)barkalowhomes.com Jon Marner MMS Consultants j.marner(o-mmsconsultants. net Approval of final plat Approval of Scarlett Point Subdivision, a resubdivision of Lots 8, 9, 10, 11, and 12 Bacons Subdivision, and Lots 49, 50, and 51 of Subdivision of Southeast Quarter Section 3- T79N-R6W to create three residential lots. 900 N. Dodge St, 902 N. Dodge St., 905 N. Governor St, 906 N. Dodge St., 908 N. Dodge St., 909 N. Governor St., and 911 N. Governor St. 5.49 acres Single-family, two-family, and multi -family residential and vacant office building; Medium Density Single -Family Residential (RS-8), High Density Single -Family Residential (RS-12), Medium Density Multi - Family Residential (RM-20), and Multi -Family Residence (R3B) North: Single-family and two-family; RS-12 and RS-8 South: Happy Hallow Park and single-family, K Comprehensive Plan: District Plan: Neighborhood Open Space District: File Date: 60 Day Limitation Period: BACKGROUND INFORMATION: Neighborhood Public (P1) and RS-8 East: Single-family, RS-8 West: Single-family, RS-8 2-8 DU/Acre and 16-24 DU/Acre Central District Plan C1 January 7, 2025 60-day limitation period waived by owner The applicant, TSB Holdings, LLC, submitted a final plat for Scarlett Point Subdivision, a 5.49-acre resubdivision of Lots 8, 9, 10, 11, and 12 Bacons Subdivision, and Lots 49, 50, and 51 of Subdivision of Southeast Quarter Section 3-T79N-R6W. The proposed subdivision would create three residential lots. Concurrent with the final plat application, City Council is also considering a rezoning (REZ24-0001) of the property from Medium Density Single -Family Residential (RS-8) zone, High Density Single - Family Residential (RS-12) zone, Medium Density Multi -Family Residential (RM-20) zone, and Multi -Family Residence (R3B) zone to Medium Density Multi -Family Residential (RM-20) zone and High Density Single -Family Residential (RS-12) zone with a Planned Development Overlay (OPD). The Planning & Zoning Commission recommended approval of this rezoning subject to the following conditions: a. In consideration of the City's rezoning the subject property, Owners agree that no building permit shall be issued for Lot 1 as shown on the Preliminary Planned Development Overlay Plan until the City Council approves a final plat resubdividing the subject property to conform to the zoning boundaries established by the rezoning ordinance to which this Agreement is attached. b. Prior to the approval of the Final Plat, the Owner shall convert the existing duplex as shown on Lot 2 of the Preliminary Planned Development Overlay Plan to one dwelling unit to ensure compliance with the maximum density standards of the zone. c. As part of Final Plat approval, the Owner shall dedicate public right-of-way and easements along N. Governor Street consistent with what is shown on the Preliminary Planned Development Overlay Plan subject to review and approval by the City Engineer. d. As part of Final Plat approval, the Owner shall grant a temporary construction easement on the western 10' of the subject property abutting N. Dodge Street. e. Prior to the issuance of a building permit for Lot 1 as shown on the Preliminary Planned Development Overlay Plan, the existing water services for 902, 904, and 906 N. Dodge Street that are tapped off of the water main in N. Governor Street shall be abandoned, and new services for 902, 904, and 906 N. Dodge Street shall be installed that are tapped off of the water main in N. Dodge Street subject to review and approval by the City Engineer. f. As part of site plan approval, the length of the retaining wall proposed at the south end of the subject property shall be screened to the S3 standard. 3 One of the conditions of the rezoning requires conversion of the duplex at 900 N. Dodge Street to a single unit prior to approval of the final plat. The applicant submitted a building permit application (BLDR25-0191) to facilitate this conversion. The permit was issued on June 11 and Building Inspection Services staff passed the inspection regarding the conversion on June 12, so this condition has been satisfied. The final plat shows additional public right-of-way and easements along N. Governor Street which have been approved by the City Engineer. Additionally, the final plat shows the required temporary construction easement along N. Dodge Street. ANALYSIS: The final plat is in general compliance with the subdivision regulations. Lot 1 has frontage on N. Governor Street and Lots 2 and 3 have frontage on N. Dodge Street. Legal papers are currently being reviewed by staff. It is anticipated that these documents will be approved prior to the June 17, 2025 City Council meeting. Construction drawings were not required for this plat since utilities exist within the N. Dodge and N. Governor Street right-of-ways. Neighborhood Open Space: According to section 14-5K of the City code, dedication of public open space or fee in lieu of land dedication is addressed at the time of final platting for residential subdivisions. Payment of a fee in -lieu of land dedication is appropriate for this subdivision. The owner is required to pay a total of $34,112.12 to the City. Transportation & Infrastructure: The proposed lots front on N. Dodge and N. Governor Streets. Access to the lots is provided via these streets. An existing sidewalk provides pedestrian access on N. Dodge Street. A new sidewalk will be required along the frontage of Lot 1. Stormwater management improvements are also provided on Lot 1 and will be reviewed as part of the site plan review process. NEXT STEPS: The applicant has submitted site plan and design review applications. Once the rezoning and final plat are approved staff will be able approve those plans. The next step after those approval is to apply for a building permit for the redevelopment of Lot 1. STAFF RECOMMENDATION: Staff recommends approval of SUB24-0008, an application submitted by TSB Holdings, LLC for a Final Plat for Scarlett Point, a resubdivision of Lots 8, 9, 10, 11, and 12 Bacons Subdivision, and Lots 49, 50, and 51 of Subdivision of Southeast Quarter Section 3-T79N-R6W to create three residential lots. ATTACHMENTS: 1. Final Plat Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services FOR COUNTY RECORDER'S USE LOCATION: SUBDIVIDER: LOTS 8,9,10,11 AND 12 OF BACON'S SUBDIVISION, AND LOTS 49,50, AND 51 OF THE SUBDIVISION OF THE SOUTHEAST QUARTER SECTION 3-T79N-R6W OF THE TSB HOLDINGS LLC PO BOX 1490 IOWA CITY IA 52244-1490 FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON SUBDIVIDER'S ATTORNEY: COUNTY, IOWA. DOUGLAS D. RUPPERT 222 SOUTH LINN STREET LAND SURVEYOR: IOWA CITY, IOWA 52240 RICHARD R. NOWOTNY P.L.S. PROPRIETOR OR OWNER: MMS CONSULTANTS INC. 1917 SOUTH GILBERT STREET IOWA CITY, IOWA, 52240 TSB HOLDINGS LLC PHONE: 319-351-8282 PO BOX 1490 IOWA CITY IA 52244-1490 DATE OF SURVEY: DOCUMENT RETURN INFORMATION: ATTORNEY 12-27-2023 LEGEND AND NOTES A - CONGRESSIONAL CORNER, FOUND ® - CONGRESSIONAL CORNER, REESTABLISHED 0 - CONGRESSIONAL CORNER, RECORDED LOCATION • - PROPERTY CORNER(S), FOUND (as noted) 0 - PROPERTY CORNERS SET (5/8" Iron Pin w/ yellow, plastic LS Cap embossed with "MMS" ) ® - CUT 'X" - PROPERTY &/or BOUNDARY LINES - CONGRESSIONAL SECTION LINES - RIGHT-OF-WAY LINES — - CENTER LINES - LOT LINES, INTERNAL - LOT LINES, PLATTED OR BY DEED — — — — — — — — — — - EASEMENT LINES, WIDTH & PURPOSE NOTED - EXISTING EASEMENT LINES, PURPOSE NOTED (R) - RECORDED DIMENSIONS (M) - MEASURED DIMENSIONS C22-1 - CURVE SEGMENT NUMBER UNLESS NOTED OTHERWISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS NOTE: BUILDINGS PROPOSED AS PART OF ANY REDEVELOPMENT WILL INCORPORATE INTERNAL MAIL ROOMS. W 7� IRMO 0 5 25 50 GRAPHIC SCALE IN FEET 1"=50' FINAL PLAT SCARLETT POINT SUBDIVISION A RESUBDIVISION OF LOTS 8191 101 11 AND 12 BACONS SUBDIVISION, AND LOTS 49,50 AND 51 OF SUBDIVISION OF SOUTHEAST QUARTER SECTION 3-T79N-R6W IOWA CITY, JOHNSON COUNTY, IOWA NOTE: ALL BEARINGS ARE BASED ON IOWA STATE PLANE COORDINATES (SOUTH ZONE), LIBRARY CALIBRATION USING THE IOWA REAL TIME NETWORK (RTN), THE DISTANCES SHOWN ON THE PLAT ARE GROUND DISTANCES AND NOT GRID DISTANCES. Notes on this plat are not intended to create any vested private interest in LOT A CONTAINS 2,946 SF, AND IS TO BE DEDICATED TO THE any stated use restriction or covenant CITY OF IOWA CITY FOR PUBLIC RIGHT-OF-WAY FOR NORTH or create any third party beneficiaries GOVERNOR STREET. to any noted use restriction or covenant. DESCRIPTION - SCARLETT POINT SUBDIVISION BEGINNING at the Southeast Corner of Lot 12 of Bacon's Subdivision, in accordance with the Plat thereof Recorded in Book 1 at Page 5 of the Records of the Johnson County Recorder's Office; Thence S89033'04"W, along the South Line of said Bacon's Subdivision, and the South Line of Lots 51, and 50 of the Subdivision of the Southeast Quarter Section 3-T79N-R6W, in accordance with the Plat thereof Recorded in Book 1 at Page 1 of the Records of the Johnson County Recorder's Office, 758.91 feet, to its intersection with the Easterly Right -of -Way Line of North Dodge Street; Thence N00055'46"W, along said Easterly Right -of -Way Line, 46.06 feet; Thence N25057'16"E, along said Easterly Right -of -Way Line, 348.92 feet, to the Northwest Corner of Lot 49 of said Subdivision of the Southeast Quarter Section 3-T79N-R6W; Thence N89037'57"E, along said North Line, 342.88 feet, to the Northeast Corner thereof, and a Point on the West Line of Lot 7 of said Bacon's Subdivision; Thence S00013'35"E, along said West Line, 4.49 feet, to the Southwest Corner thereof, and the Northwest Corner of Lot 8 of said Bacon's Subdivision; Thence N89018'10"E, along the North Line of Said Lot 8, a distance of 172.08 feet, to the Northeast Corner thereof, and a Point on the Westerly Right -of -Way Line of North Governor Street; Thence S28036'44"E, along said Westerly Right -of -Way Line, 186.77 feet; Thence S00045'45"E, along said Westerly Right -of -Way Line, 189.70 feet, to the POINT OF BEGINNING. Said Scarlett Point Subdivision contains 5.49 Acres, and is subject to easements and restrictions of record. FOUND 5\8" REBAR W\ / YELLOW PLASTIC LS I CAP 13287 / FOUND 5\8" REBSR CAP O < FOUND 5\8" \ / \ O FOUND 5 8" FOUND 1\2" / L OO� 00 O REBAR P\0 \RR REBARS CAP NO /�� \ `EBS CAPAR CONCRETE S00°13'35"E ` / Oj0 00� 4.49' FOUND 5\8" \ Q SU D DD ff�S�ON OF UNE SOU7HE 37 /// // (�� REBSAR C LAP ` O U � / FOUND 5\8" FOUND 5\8" REBAR W\ ` _ "LOCK %� �/J �O� � O� REBAR W\0 i YELLOW PLASTIC LS CAP?N89018'10"E 6 67'Lol l I n\3DO00� 1J ��DO�O�ON89°37'S7"E LS CAP 342.88 8165 172.08 00 \ L� \JIJU IN AGGORDANGE WITH THE PLAT THEREOF RECORDED / 96.7 11 246i� n FOUND 5\8" / a' OO \\/ DoLFII❑ D��'� aDD0�00�1 IN BOOK I AT PAGE I OF THE REGGRDS OF THE / JOHNSON COUNTY RECORDER'S OFFICE. / o V) REBAR W\ / \ / LOT 3 0 IN ACCORDANCE WITH THE PLAT THEREOF RECORDED / p PLASTIC LS / / / � U, CAP 8165 / /� � IN BOCK IG AT PAGE IGG OF THE RECORDS OF THE 0 n / JOHNSON COUNTY RECORDER'S OFFICE. \ / 7,597 SF �/ \\ \ `f'� 130.27' 55.62' 30.00 FOOT WIDE 00• STORM SEWER AND <o� Q� OO�J 0° N89°23'45"E 185.89 72 55 DRAINAGE EASEMENT / / / ^ / � � �j CCU FOUND 3\4„ (CENTERED) / / / / �� / v�j PIPE W\O LS \/ O 1------ ----J \ ,, v� \ CAP / / 20.00 FOOT SHARED cn / / / \ \ ACCESS EASEMENT / / / / \ Q A___1O.00 FOOT UTILITY � A=27"50'59" � % - � / AND TEMPORARY \ CO EASEMENTRUCTION m / / U R=390.00 � \ LOT 1 g L=189.57' FOUND / � ' � � CONCRETE / 50 / �� / / / / T=96.69 0 NAIL 152,461 SF / oo / C=187.71' 3.50 AC n°j' / CB=S14'41'15"E30.00 FOOT ; DE SANITARY SEWER LOT A LOT 2 40.00 FOOT WIDE / N STORM SEWER AND / / / / EASEMENT ' D M D ^M / 76 231 SF 00 N89'08'45"E DRAINAGE EASEMENT / / / (CENTERED) 2,946 SF �I I NO IJ IJ �� 0 1,75 AC 11.03' 9�i2� (CENTERED) / / / 4.50 FOOT 4.5d0, r- h / 50 �� / 10 ACCESSRAND PUBLIAN IC 10.00 I i I O D / 0$ i N- —I- / / C MD UTILITY EASEMENT O0 4�h I IN AGGORDANGE WITH THE PLAT THEREOF / S U Q D 0 �] 0 0 0 �] 0 ] [ 0 l [ Q�� `r 10.00 FOOT UTILITY RECORDED IN Off T 18 O PAGE 97 OF THE / D D O O O \ -? I 3 I / ry> / EASEMENT I I � RECORDS OF THE JOHNSON COUNTY AUAFII��(\camII��I��VI1I_G�115 o IfI1�\If1I\mil(\n��If1I If1It1111II7 (\�� Iff1��If1IRECORDER'S OFFICE. DI IJ 11�L�IJ Ll VL��OO IJV V��(1 �IJV�IJ 111J�� p DETENT�ON EASEMENT M I0 / �/�°j // D ��OO IJVV VV D DD V �V�OO IJV T� m IN AGGORDANGE WITH THE PLAT THEREOF RECORDED N / / IN AGGORDANGE WITH THE PLAT THEREOF RECORDED I / FOUND 5\8" IN DOOr\ I AT PAGE I OF THE RECORDS OF THE cP. IN ROOK I AT PAGE 5 OF THE RECORDS OF THE / REBSR CAP JOHNSON 06UNTY RECORDER'S OFFICE. JOHNSON COUNTY RECORDER'S OFFICE. m S80'59'13"W / / I T : 30.61' I I / FOUND 5\8" N14'30'12"W REBAR W\O w 22.49' I/ I I ; lfl LS CAP // o POINT OF BEGINNING V O"W 75.68' , (SiS11'23'39"E I �I S81'04' 2 11 22.28' / , I T` NW55'46"W I FOUND 5\8" FOUND 5\8" REBAR W O / 1100 I I t REBAR W\0 46.06 i LS CAP S81'09'45"W� / / I 1 319.12' • 23.75' 428.79' LS CAP 758.91' FOUND 5 8" 141.05' FOUND 5 8" 15.s8' S89°33'04"W FOUND 5\8" FOUND 5\8" I FOUND 1\2' 1 Y7REBAR W\ REBAR W\ REBAR W\ REBAR W\O I D REBAR W\O ORANGE ORANGE ORANGE LS CAP MOCK K 12 NORTH 53 FEET OF THE WEST 1/00 FEET I I Off CAP CAP PLASTIC LS PLASTIC LS PLASTIC LS I CAP 15749 CAP 15749 0UULOU IS CAP 15749 D❑�❑ D��I� I I GUTLOT 14 OF THE ORIGINAL TOWN OF IOWA CITY Oo RMBNAL UOV�if1�l OF WMA CM aDDM0N M 1� IN AGGORDANGE WITH THE PLAT THEREOF RECORDED IN DOCK I AT PAGE D �� 7 n DD IJ IJ O O ��1J IG OF THE RECORDS OF THE JOHNSON COUNTY RECORDER"S OFFICE. IN REGORDENN �OOKI IG AT PATH THE �ETIGGHOff ETHE V LI r�111 - RECORDS OF THE JOHNSON COUNTY � _ _ RECORDER'S OFFICE. A06ORPAN61f WITH IN D06K AT IN 223 OF THE REGORDSE � HETHJOHN ONRGOUNTYDREGOR R'S70FFI GE6E I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Professional Land 00\111SIONq�Surveyor under the laws of the State of Iowa. PoCHARD RICHARD R. NOWOTNY w- R. =m_P.L.S. Iowa Lic. No. 17916 NOWOTNY `_�\ My license renewal date is December 31, 20 17916 s IOWA muulliimn��o�oo°��\� Pages or sheets covered by this seal: SEAL 20— Signed before me this _____ day of _________ ,20___ . ------------------------------------- Notary Public, in and for the State of Iowa. PLAT/PLAN APPROVED by the City of Iowa City City Clerk Date: UTILITY EASEMENTS, AS SHOWN HEREON, MAY OR MAY NOT, INCLUDE SANITARY SEWER LINES, AND/OR STORM SEWER LINES, AND/OR WATER LINES; SEE CONSTRUCTION PLANS FOR DETAILS. UTILITY EASEMENTS, AS SHOWN HEREON, ARE ADEQUATE FOR THE INSTALLATION AND MAINTENANCE OF THE FACILITIES REQUIR- ED BY THE FOLLOWING AGENCIES: MIDAMERICAN ENERGY CO. Date: LUMEN Date: MEDIACOM Date: IMON Date: METRONET Date: 5.49 AC FkA M CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsultants.net Date I Revision 12-2-2024 PER RRN INITIAL REVIEW- RLW 01-28-2025 PER CITY COMMENTS -JDM 03-20-2025 PER CITY COMMENTS -JDM 05-30-25 per rrn review -jdm FINAL PLAT SCARLETT POINT SUBDIVISION IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. Date: 11-27-2024 Designed by: Field Book No: JDM 1385 Drawn by: Scale: RLW 1 "=50' Checked by: Sheet No: RRN Project No: IOWA CITY 9200-006 of: 1 DEFERRED TO August 5, 2025 Prepared by: Anne Russett, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (SUB24-0008) Resolution No. Resolution Approving Final Plat of Scarlett Point, a Resubdivision of Lots 8, 9, 10, 11, and 12 Bacons Subdivision, and Lots 49, 50, and 51 of Subdivision of Southeast Quarter Section 3-T79N-R6W, Iowa City, Iowa. (SUB24-0008) Whereas, the owner, TSB Holdings, LLC, filed with the City Clerk the final plat of Scarlett Point Subdivision, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: BEGINNING at the Southeast Comer of Lot 12 of Bacon's Subdivision, in accordance with the Plat thereof Recorded in Book 1 at Page 5 of the Records of the Johnson County Recorder's Office; Thence S89"33'04"W, along the South Line of said Bacon's Subdivision, and the South Line of Lots 51, and 50 of the Subdivision of the Southeast Quarter Section 3-T79N-R6W, in accordance with the Plat thereof Recorded in Book 1 at Page 1 of the Records of the Johnson County Recorders Office, 758.91 feet, to its intersection with the Easterly Right -of -Way Line of North Dodge Street; Thence N00"55'46"W, along said Easterly Right -of -Way Line, 46.06 feet; Thence N25"57'16"E, along said Easterly Right -of -Way Line, 348.92 feet, to the Northwest Comer of Lot 49 of said Subdivision of the Southeast Quarter Section 3-T79N-R6W; Thence N89"37'57"E, along said North Line, 342.88 feet, to the Northeast Comer thereof, and a Point on the West Line of Lot 7 of said Bacon's Subdivision; Thence S00'13'35"E, along said West Line, 4.49 feet, to the Southwest Corner thereof, and the Northwest Comer of Lot 8 of said Bacon's Subdivision; Thence N89"18'10"E, along the North Line of Said Lot 8, a distance of 172.08 feet, to the Northeast Corner thereof, and a Point on the Westerly Right -of -Way Line of North Governor Street; Thence S28"36'44"E, along said Westerly Right -of -Way Line, 186.77 feet; Thence S00"45'45"E, along said Westerly Right -of -Way Line, 189.70 feel, to the POINT OF BEGINNING. Said Scarlett Point Subdivision contains 5.49 Acres, and is subject to easements and restrictions of record. Whereas, the Neighborhood and Development Services Department and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and Whereas, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and Whereas, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2025) and all other state and local requirements. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The said final plat and subdivision located on the above -described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law Resolution No. _ Page 2 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of , 2025. Mayor Attest: City Clerk Approved by City Attorn 's Office (Sue Dulek — 06/1212025) It was moved by and seconded by adopted, and upon roll call there were: Ayes: Nays: Absent: the Resolution be Alter Bergus Harmsen Moe Salih Teague Weilein Item Number: 9.b. CITY OF IOWA CITY COUNCIL ACTION REPORT June 17, 2025 Resolution approving project manual and estimate of cost for the construction of the FY26 Stormwater Improvements Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Timothy Schmadeke — Civil Engineer Reviewed By: Jason Havel — City Engineer Ron Knoche — Public Works Director Geoff Fruin — City Manager Fiscal Impact: $350,000 available in the Annual Storm Sewer Improvements account #M3631 Staff Recommendation: Approval Attachments: Resolution Executive Summary: This agenda item begins the bidding process for the FY26 Stormwater Improvements Project, which includes repairs associated with stormwater infrastructure at various locations throughout Iowa City. The Project also includes replacement of street, driveway, and sidewalk, as needed. Background / Analysis: This project includes storm sewer repairs on Greenwood Drive, Wylde Green Road, and Clover Street. The work generally includes replacing damaged storm sewer pipe, intakes, pavement replacement, and site restoration. Additional repair locations may also be added to the project as they arise. Posomed by: Timothy Schmade e, Engineenng Dimon, 410 E. Washington St., iov a City. IA 5224q (319) 356-50" Resolution No. 25-152 Resolution approving project manual and estimate of cost for the construction of the FY26 Stormwater Improvements Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above - named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Annual Storm Sewer Improvements account #M3631. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the amount of 10% (ten percent) of bid payable to City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builders of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 2M1 day of July, 2025. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 6:00 p.m. on the 81° day of July, 2025, or at a special meeting called for that purpose. Passed and approved this 17th day of Attest: City Clerk June 2025 Ma or / Approved by City Attorneys Office (Sue Dulek - 06/11/2025) Resolution No. 9s- i Sy Page 2 It was moved by salih and seconded by weilein adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter Bergus x Harmsen x Moe x Salih x Teague x Weilein the Resolution be Item Number: 9.c. CITY OF IOWA CITY COUNCIL ACTION REPORT June 17, 2025 Resolution approving project manual and estimate of cost for the construction of the Iowa City Senior Center BAS Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Reviewed By: Fiscal Impact: Staff Recommendation: Attachments: Resolution Ben Clark — Senior Engineer Jason Havel — City Engineer LaTasha DeLoach — Senior Center Manager Juli Seydell Johnson — Parks and Recreation Director Ron Knoche — Public Works Director Geoff Fruin — City Manager $278,000 available in the Upgrade Building BAS Controls account #R4332. Approval Executive Summary: This agenda item begins the bidding process for the construction of the Iowa City Senior Center BAS Project. Background / Analysis: The project involves upgrading and integrating the mechanical controls of the Heating, Ventilation, and Air Conditioning (HVAC) systems to work with the City's networked Building Automation System (BAS). Bid alternates include improvements to the kitchen ductwork, variable speed drives at the existing hydronic system pumps and additional Variable Air Volume (VAV) boxes to better control temperatures in the northwest corner rooms on the first and third floors. Project Timeline: Public Hearing — June 17, 2025 Bid Letting — July 23, 2025 Award Date — August 5, 2025 Substantial Completion — October 31, 2025 Prepared by Ben Clad , Engineanng Division, 410 E. Washington St., Iowa City, IA 52240. (319) 356-5436 Resolution No. 99-1s4 Resolution approving project manual and estimate of cost for the construction of the Iowa City Senior Center BAS Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above - named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Upgrade Building BAS Controls account #R4332. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the amount of 10% (ten percent) of bid payable to City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builders of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 2V day of July, 2025. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 6:00 p.m. on the 5" day of August, 2025, or at a special meeting called for that purpose. Passed and approved this 17th day of Attest: - C City Clerk June ,2025 M Approved by City AttomeA Office (Sue Dulek — 06/1112025) Resolution No.25-153 Page 2 It was moved by Moe and seconded by adopted, and upon roll call there were: Ayes: Nays: x x X x satin the Resolution be Absent: Alter Bergus Hannsen Moe Salih Teague Weilein Item Number: 9.d. CITY OF IOWA CITY COUNCIL ACTION REPORT June 17, 2025 Resolution approving project manual and estimate of cost for the construction of the Mercer Pool Roof Replacement Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Ben Clark — Senior Engineer Reviewed By: Jason Havel — City Engineer Juli Seydell Johnson — Parks and Recreation Director Ron Knoche — Public Works Director Geoff Fruin — City Manager Fiscal Impact: $655,000 available in the Mercer Pool Roof account #R4426. Staff Recommendation: Approval Attachments: Resolution Executive Summary: This agenda item begins the bidding process for the construction of the Mercer Pool Roof Replacement Project. Background / Analysis: The Mercer Park Aquatic Center roof has reached the end of its serviceable life and is in need of replacement. Project Timeline: Public Hearing — June 17, 2025 Bid Letting — July 1, 2025 Award Date — July 8, 2025 Substantial Completion — October 31, 2025 Prepared by: Ben Clark, Engineering DiNsion, 410 E. Washington St, Iowa City, IA 52240, (319) 356-5436 Resolution No. ?s-1 94 Resolution approving project manual and estimate of cost for the construction of the Mercer Pool Roof Replacement Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above - named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Mercer Pool Roof account #R4426. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the amount of 10% (ten percent) of bid payable to City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builders of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the V day of July, 2025. Al that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 6:00 p.m. on the 811 day of July, 2025, or at a special meeting called for that purpose. Passed and approved this 17th day of June 20 25 Attest:,�t�-k City Clerk (Sue Dulek — 06/11/2025) Resolution No. 'JS_t S Page 2 It was moved by Alter and seconded by Weilein the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus T Harmsen x Moe x Salih x Teague x Weilein Item Number: 9.e. CITY OF IOWA CITY COUNCIL ACTION REPORT June 17, 2025 Resolution authorizing the Mayor to sign and the City Clerk to attest an agreement to provide water service to the proposed Hidden Lakes Subdivision. Prepared By: Geoff Fruin, City Manager Reviewed By: Sue Dulek, Assistant City Attorney Jon Durst, Water Superintendent Jason Havel, City Engineer Fiscal Impact: In addition to typical development and connection fees, the City will receive $450,000 in additional access and water main loop fees and future users in the subdivision will pay 1.5 times the rate of City users. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Hidden Lakes agreement Executive Summary: Hidden Lakes is a planned subdivision in rural Johnson County that is not contiguous to the City of Iowa City and not in our identified growth area. In consultation with the Department of Natural Resources, it has been determined that there is a strong probability that the ordinary ground water source for the subdivision may be contaminated with radionuclides. This agreement allows the subdivision to tap into an existing City water main that was recently extended to the general area for similar public health reasons that emerged in an adjacent existing rural subdivision. The agreement stipulates the terms and conditions, along with fees to to be paid to the City, including an ongoing water usage rate of 1.5 times the rate for customers located in the City of Iowa City. Background / Analysis: In 2017, the City approved a water service agreement with the existing Lacina Meadows subdivision located south of Iowa City, outside of our growth area, in rural Johnson County. This was done in consultation with the Department of Natural Resources as the Lacina Meadows water wells were found to be contaminated with radionuclides, which presented public health concerns for the households in the subdivision. The agreement stipulated that the cost of the water main extension would be the responsibility of the property owners and that they would pay all typical connection and meter fees and 1.5 times the water rate paid by City of Iowa City users. Hidden Lakes is a planned subdivision located immediately north of Lacina Meadows in rural Johnson County. The subdivision is not contiguous to Iowa City corporate limits and is outside of our identified growth area. Earlier this year, the developer of the subdivision and the Department of Natural Resources met with staff to request that the subdivision be able to tap into the City's existing water main that the Lacina Meadows subdivision extended as a result of the 2017 water service agreement with the City. Without tapping into the City water main, the future residents of the subdivision will risk having similar contaminations in their ground water source. Because of the public health concerns, the fact the water main is already constructed and because Hidden Lakes is not able to annex into Iowa City nor is it located in our growth area, staff supports this request. In addition to the developer paying all typical connection fees and residents paying 1.5 times the City user rate, the developer will also pay a $225,000 fee to help defray the cost of a future water main loop and a $225,000 access fee in acknowledgement that future residents will benefit from City services and amenities yet not pay supporting City taxes. Outside of these fees, the rates paid to the Water Fund will benefit all users of our system. Similarly, the consumption of water has maintenance benefits on a stubbed water main such as this existing line. For all of these reasons, staff recommends approval of the water service agreement. Prepared by: Susan Dulek, First Mal City Atly., 410 E. Washington St., Iowa City, IA 319-356-5030 Resolution No. 25-155 Resolution authorizing the Mayor to sign and the City Clerk to attest an agreement to provide water service to the proposed Hidden Lakes Subdivision. INCOMPLETE DOCUMENT AGREEMENT J THE CITY OF IOWA CITY AND HIDDEN LAKES, LLC FOR THE PROVISION OF WATER SERVICE This Agreement corporation, ("Cl Together they re WHEREAS, OWNER Subdivision, on its prc ered into in Iowa City, Iowa among the City of Iowa City, Iowa, a municipal and Hidden Lakes, LLC, ("OWNER"), owner of property described below. I to as the "PARTIES". / to develop a new subdivision, tentatively n ed Hidden Lakes ie legal description of the entire footprin or which is as follows: BEGINNING at the East arter Corner of Section 29, Town ip 79 North, Range 6 West, of the Fifth Principal Merl IS Johnson County, Iowa; Theo he a S00°51'14"E, along the East Line of the Northeast Q rter of the Southeast QugKer of said Section 29, a distance of 1308.06 feet, to its intersecti with the North Line Lacina Meadows, in accordance with the Plat thereof Recorded in let Book 44 at P e 276 of the Records of the Johnston County Recorder's Office; Thence f intersection with the West Line of th Section 29; Thence N00°31'01"W, at Comer of Summit Hill, in accordance Page 271 of the Records of the John along the South Line of said Summit Thence N00°3229"W, along the Eas Northeast Comer thereof, and a P Section 29; Thence N89°18'48"E alc BEGINNING. Said Hidden Lak cor restrictions of record. ("PROPERTY); )3'28"W, ong said North Line, 2647.03 feet, to its irthwe uarter of the Southeast Quarter of said sSid est Line, 961.04 feet, to the Southwest t Plat thereof Recorded in Plat Book 47 at unty Recorders Office; Thence N89°1T39"E, 7 .54 feel, to the Southeast Comer thereof; ie o aid Summit Hill, 358.59 feet, to the i the rth Line of the Southeast Quarter of said said No h Line, 1898.88 feet, to the POINT OF is 73.63 cres, and is subject to easements and WHEREAS, the PROPER is located outside of the curre t Iowa City Growth Boundary; and WHEREAS, the CITY s and operates a municipal waters tam; and WHEREAS, it is the inary policy of the CITY that the CITY will of extend CITY infrastructure to homeowners not in CITY limits, as they are not subject to CI taxes, yet still enjoy many of the amenhies art ed by CITY taxpayers; and WHEREAS, O NER is the owner of record for the PROPERTY; and WHEREAS, WNER intends to subdivide the PROPERTY and then sell the lots to homeowne ;and WHER S, based on existing well water sources near the PROPERTY, it is lily likely that wells i alled on the PROPERTY would yield water contaminated with radionu ides; and water contaminated with radionuclides is not safe for consumption; WHEREAS, in order to provide water safe for consumption by the future owners of dwylings on the PROPERTY, OWNER approached the CITY to request that the CITY supply water ervice to the OWNER, and the CITY has agreed to provide water service to OWNER pursuant to its authority under Iowa Code Section 384.84 (2025), Iowa Code Chapter 388, and Iowa City Code (006070891 and in order to allow for the Citys infrastructure, and other utilities, to be present on the OWNER will grant the CITY a utility easement; and WHEREAS, it the intent and understanding of the PARTIES that many of the obligations of the OWNER hereundqr will be passed on to the homeowners purchasing a lot in the subdivision as successors in interbst. NOW, THEREFORE, tke CITY and OWNER agree as follows: 1. Effective Date This Agreement shall come effective upXexecutionn.2. Defini ions As found in Section 16-3C-1 the City Cofinitions shall apply to this Agreement: Distribution Water Main: ter pipor maintained by the CITY and used for the purpose o istribter. AKA Water Main. 3. Service Line: The pipe laid or building served. The ser between the distribution va Stop Box: A shutoff v e on a the surface of the g und. Water Meter: A ITY-owned and C volume of wa r passing through a distribution water main to the point of service shall include stop boxes, pipes and valves and the water meter. that can be opened and closed from device used to measure the /ement, hal ay all standard City fees and construct io costs associated with building infrastructure to extend the CITY water m onto and throughout the . OWNER shall design and construct the wat main according to CITY . OWNER shall be responsible for securing any n cessary permits. Upon the ic Works Director determining that the infrastructur has been designed and d according to CITY standards, OWNER shall Is to the improvements to the NER shall grant to the CITY, without cost to the Cl an Underground Utility , attached as Exhibit B and incorporated herein, prior t any connection to the ter main. County Riaht-of-Wav OWNER shall obtain, at its sole cost, all necessary permits from Johnso County to install the infrastructure in the County right-of-way. 5. Service Lines (00607089) a OWNER shall install and maintain the service lines at its sole cost, includm taming a permit from the CITY and approval of the CITY Building Inspector. OWN shall apply for connection to the water main as set forth in Section 16-3C-3 of the C' a and shall pomply with all requirements set forth therein. In o r to acknowledge OWNER wishes to develop a n subdivision outside of CITY limits, t s not subject to CITY property taxes, but stil njoy the benefits of CITY potable water infr structure, OWNER shall pay the CITY a 25,000.00 access fee, payable sixty (60) days er the County Supervisors approval the Preliminary Plat for the proposed subdivision o the Property. star Main Loo&Fee OWNER shall pay IN CITY a $225,096.00 fee sixty (60) days after the County Supervisors approval bf the Prelintr3iry Plat for the proposed subdivision of the Property, which reflects a contrib 'on tower the cost of the CITY construction of a water main loop in the area. OWNER shall be direct w er cu omem of the CITY. At the time OWNER establishes a water customer accoun , OWNE shall pay a deposit of 150% of the then -current amount payable by Cl residents, ich shall be refunded when the account is closed I any monies due a CITY. The C shall bill OWNER in accordance with the City Cade but at 150% the water service angles for customers within the corporate limits of the CITY. Thew er service shall be sub ct to the City Code provisions regarding water utilities, as ame ded from time to time, win h include but are not limited to the ability for the CITY to. a. Bill a collect for connection and wate service; and b. Im a fees, liens and charges for non ment of water service; and c. Di ontinue water service by turning off se ice at the slop box in the event of n npayment or other delinquency with res t to water service. will be required to sign an agreement that sub tantially complies with Exhibit A, attached and incorporated herein, prior to the CV providing water. any lot annexed into the CITY shall be billed cdgisistenl with all other CITY OWNER shall install and maintain water meters at its sole cost, ands all comply with all the requirements set forth in Section 16-3C4 of the City Code. OWNEP.,acknowledges that Section 16-3C4A(1)(d) provides that "where water meters are located NERS] are deemed to have consented to the city's right to enter the owners and/or occupant's property to test water meters where the city has reasonable grounds to believe the water meter is not operating according to performance standards of appropriately installed and operating water meters. If access to the meter is not permitted, the water service may, after written notice to (00607089} the property owner, be turned off by the city until access is allowed." 10. Nvdrant and Water Main Maintenance O ER, -hall not be liable for future maintenance costs on the Oar main and hydrants. The acknowledges that the connection fee and the wate ew cecharges are ralcula d to generate adequate revenue to pay the costs d operation of the water main. Notwiths noting the other provisions of this paragraph, C reserves the right to increase water sew a charges from time to time in the future, sistent with State Code and City practice, but a OW NER shall not pay more than 1 % of the rate paid by CITY residents. H ever, in the unlikely event that ch gas in circumstances result in increased costs the CITY to service Hidden as subdivision, eventually requiring CITY residents he 'ng to subsidize the servi to the subdivision, the CITY may increase the percentage pai y OWNER above 15 u, but by no more than is needed to prevent CITY resident subsidi tion of OWNER. efore maldng such a change, the CITY shall mail notice to any affe d OWNER at I eat 30 calendar days prior to any increase in charges above 150%. The CITY reserves the right s off the water in the water main at any time for maintenance and installations d as the CITY deems necessary to protect the CITY water utility system. OWNER CITY shall enter into a Water Main Easement Agreement for such access lthi ixty (60) days after the County Supervisors approval of the Preliminary Plat for e p of subdivision of the Property. The location of the easement area shall be thin the "Ut ' Easement" as shown on the Preliminary Plat. Upon the Property be' g annexed into th CITY, the costs herein shall be 100% of the rate paid by CITY reside s. 11. Stop Box OWNER shall a responsible for all costs to insta and repair the stop box. 12. Back Flow revention OWNE shall install aback flow, prevention device if re fired by the City Code and shall comply ith all City Code requirements including having a icensed plumber obtain a Perm from the CITY for its installation and conduct annual speclions. OWNER ack ledges that the City Code requires the installation of ack flow prevention device if t ere is a potential risk of contamination to the CITY water s ly and that potential risk f ors include a lawn irrigation system, boiler, in -floor heating, d yard hydrant. OWNER all provide the CITY Senior Building Inspector with written confi ation (electronic mail is sufficient) of said risks on each lot prior to the issuance of an occ ancy permit. Any OWNER who intends to install a lawn irrigation system, boiler, in -Flo heating, or yard hydrant after 60 days of execution of this Agreement shall promptly in m the CITY Senior Building Inspector of such intent and shall have a licensed plumber obta a permit from the CITY to install the backflow prevention device. 13. Termination This Agreement shall terminate by mutual agreement of the parties, or on July 1, 2055, (00607089) 14. 15. ("Termination Date"), whichever first occurs, unless terminated as provided herein. This Agreement shall automatically terminate if the Subdivision is annexed into the CITY. This greement shall automatically renew for additional periods of ten y9orm, unless the CITY d OWNER mutually agree to terminate the Agreement. The shall record the ap able termination or renewal at OWNER's cost. In the event th {lva CITY or OWNER determines th a other has defaulted in the performance of i ligation hereunder, CITY or NER may declare that default has occurred and give ipe thereof to the defaulting arty. Notice of default shall be given in writing, shall specify nature of the default a the provision of this Agreement involved, and shall specify what ion is required of th defaulting Party to correct the default. The defaulting Party shall hav irty (30) days the dale of its receipt of the notice of default to correct the default. f at the an f said thirty -day period the default has not, in the opinion of the aggrieved P , bee corrected, that Party may thereupon pursue all lawful remedies, including but n Iim d to, termination of this Agreement, an action for specific performance thereof, and Ion for damages for breach thereof, or an action for aftemadve relief. 16. Effect of Termination In the event that this Agre ent is terminal , the CITY shall be obligated to provide water utility service ash ein provided for not ore than two years after termination or is judicially declared, dun with time OWNER sh I be required to pay the same rates and charges for such sere' s as provided herein. D ing said two-year period the CITY shall be required to perfo only routine maintenance o the water system and OWNER shall be responsible for II repair and replacement se . After said two-year period the CITY shall be entitled rap its water distribution mains. O ER shall not make use of any such water mat s unless and until OWNER has cemple the purchase of the water main servicing the bd"lsion. 1T. Notice All notic which the PARTIES are authorized or required to giv one another pursuant to I Ag ement shall be in writing and may be personally to Iv or sent by ordinary mail to the ddresses hereafter provided. Mailed notices shall be deem to be received by the arty to whom directed when they are postmarked. Such notice hall be delivered or m ad to the following persons at the addresses listed: a. Notices to the CITY: City Clerk, 410 E. Washington St., Iowa City, IA 522,40 b. Notices to Hidden Lakes, LLC: Go Ryan Prahm, 425 E Oakdale Blvd. Suite 201, Coralville, 52241 c. Notice to the owner of any lot sold by Hidden Lakes, LLC To the mailing address of said Owner Notwithstanding any other provision of this paragraph, CITY shall deliver to all water {00607089) customers in Hidden Lakes subdivision all notices required by the City Code to be provided to water customers. 18. mendment T Agreement is the entire understanding of the parties concerning the ject matter her 'n, and it may be amended only by OWNER and CITY. All amen ants shall be in writin and recorded by the CITY at OWNER's cost. In the event a omeowners Associ tion ("HOA") is formed for the subdivision, the HOA shall a the place of OWNER in appro ing amendments. 19. Severabil' If any provisio or provisions of this Agreement sh be held to be invalid, illegal or unenforceable, a validity, legality and enforces ity of the remaining provisions shall not in any way be a cted or impaired thereby. 20. Assignment Neither OWNER north CITY shall a ign this Agreement without the consent of the other Party. The obligations WNER h under, if not released by the CITY, shall be binding on subsequent owners of builds a lot or home in the subdivision. The rights and obligations as provided here a binding upon the OWNER's successors in interest. 21. Recording The CITY shall record thi Agree nt at OWNER's cost. 22. Successors in Interest This Agreement sh I be a covenant run ing with the land, shall be perpetual, and shall inure to the benef of and be binding upo the PARTIES hereto and upon their successors in interest. This' cludes but is not limited anyone who buys a buildable lot or home in the subdivision 23. City Code Except a set forth in this Agreement, Section 16 C of the City Code, as amended from time to e, shall govern the provision of the wate ervice. If any provision in this Agree ant conflicts with a provision in the City Cod the statutory or contractual provi on that imposes the greater obligation on OWN shall control. 24. In mnificationlHold Harmless Yach Party agrees to release, indemnity and hold the other P TIES, their officers, and employees harmless from and against any and all liabilities, da gas, business interruptions, delays, losses, claims, judgments, of any kind whats ver, including all costs, attomeys' fees, and expenses incidental thereto, which may b uffered by, or charged to, the Party by reason of any loss or damage to any property or injury to or death of any person arising out of or by reason of any breach, violation or non- performance by the other PARTIES or their servants, employees or agents of any (00607089) covenant or condition of this Agreement or by any act or failure to act of those persons. The CITY shall not be liable for its failure to perform this Agreement or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act ee' God, fire, flood, accident, strike, labor dispute, not, insurrection, war or any other car�se bevond the CITY's control. 25. Waiver The waiver b either CITY or OWNER of any co/perfomanw ition of this reement shall not there er preclude such Party from dermance i ccordance with the terms of is Agreement.25. Entire AgreementThis Agreement sets fort all of the covenants, eements, and conditions among the PARTIES, and ere are no other coises, agreements or conditions, either oral or writ n, among them. nt may not be modified or amended in any manner excep as provided he Dated this day of Z , 2025. CITY OF IOWA CITY City Clerk STATE OF IOWA JOHNSON COUNTY On this day , 20 , before me, the undersigned, a notary public in and for a State of Iowa, personally appeared ce Teague and Kellie Grace, to me personally known, ho being by me duly sworn, did say that t y are the Mayor and City Clerk, respectively, said municipal corporation executing the with and foregoing instrument; that the seal affixe thereto is the seal of said municipal corporation; at said instrument was signed and seal on behalf of said municipal corporation by authority f its City Council; and that the said Mayor d City Clerk as such officers acknowledged that the a cution of said instrument to be the volun ry act and deed of said corporation, by it and by them vo ntarily executed. My Commission (G0607089) (00607089)