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HomeMy WebLinkAbout2025-08-05 ResolutionItem Number: 6.c. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Resolution amending the budgeted positions in the Neighborhood Services Division of the Neighborhood and Development Services Department by adding one full-time Family Self - Sufficiency Coordinator position. Prepared By: Rachel Carter, Housing Administrator Reviewed By: Tracy Hightshoe, Director, Neighborhood and Development Services Fiscal Impact: The annual cost of the position including salary and benefits is expected to be $110,798. Federal HUD FSS and Housing Choice Voucher Program administrative funds will cover the increased staffing costs. Staff Recommendation: Approval Commission Recommendations: NA Attachments: Resolution Executive Summary: The City has been awarded an increase it expand the supportive services and case current and projected FSS caseload requir staffing levels. Neighborhood Services is Coordinator to administer the FSS program. Background / Analysis: Family Self -Sufficiency (FSS) Program funds to management provided to FSS participants. The es staff time that cannot be absorbed at current requesting a 1.0 FTE Family Self -Sufficiency The Family Self -Sufficiency Program through the Department of Housing and Urban Development (HUD) provides funding for FSS Coordinators to promote the development of local strategies to assist Housing Choice Voucher Program (HCVP) and Public Housing participants through case management and provision of resources. HUD also provides approximately $750,000 annually in escrow savings for Iowa City Housing Authority FSS participants to promote their self-sufficiency goals. The City of Iowa City's FSS Program currently has 155 participants. These participants are active HCVP clients who are working toward self-sufficiency goals such as completing higher education or job training, purchasing a home or vehicle, and other goals set with the FSS Coordinator annually. As their income increases, HUD matches the amount they pay for rent and that match is placed in a savings account. Participants can access those savings accounts once they meet their case management goals, and in some instances, during participation to remove barriers to achieving these goals for expenses such as car repairs, tuition, or employment costs. The FSS Coordinator provides resource referral and case management support in navigating the barriers participants may face. The City of Iowa City currently receives funding for three FSS Coordinators. In recent years, the FSS program participation rates have been significantly higher than are typical for three FSS Coordinators. With this increased staffing level, an additional 50 households will be served in the FSS Program annually. HUD has recommended expansion to four Coordinators and accordingly increased the Housing Authority's administrative funding available. This funding is not eligible to be used for any other purpose. The annual budget increase for this staffing change is expected to be $110,798. The position will be funded through FSS and HCVP administrative funds. Preparetl by RaoAel Carter, Housing Adminisbator, 410 E. Washington st. Iowa City, IA 522M (31g) 667-6065 Resolution Number 25-171 Resolution amending the budgeted positions in the Neighborhood Services Division of the Neighborhood and Development Services Department by adding one full-time Family Self -Sufficiency Program Coordinator position. Whereas, Resolution No. 25-94 adopted by the City Council on April 15, 2025, authorized budgeted positions in the Neighborhood Services Division of the Neighborhood and Development Services Department for Fiscal Year 2026; and Whereas, the Department of Housing and Urban Development (HUD) provides funding for Family Self -Sufficiency Coordinators to promote the development of local strategies to assist Housing Choice Voucher Program (HCVP) and Public Housing participants through case management and provision of resources; and Whereas, the Department of Housing and Urban Development has recommended expansion to four Family Self -Sufficiency Coordinators; and Whereas, an additional staff position is necessary to administer this funding in accordance with federal rules and regulations; and Whereas, administrative fees are included in the city's FSS and HCVP allocations to cover the increased cost of an additional position. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that the budgeted positions in the Neighborhood Services Division of the Neighborhood and Development Services department be amended by adding one full-time Family Self -Sufficiency Program Coordinator position, grade 13. Passed and approved this 5th day of August , 2025 Mby6r Attest: 14,RA.E._.P K City Clerk It was moved by Alter and seconded by adopted, and upon roll call there were: Approved by City Attor9 y s Office (Jennifer Schwickemth - 07/30/2025) Moe the Resolution be Ayes: Nays: Absent: x Alter x Bergus x Hannigan x Moe x Satih x Teague x Weilein Item Number: 6.d. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Foth Infrastructure and Environment, LLC to provide temporary professional engineering services for project management and general engineering support to the City's Engineering Division. Prepared By: Reviewed By: Fiscal Impact: Staff Recommendation Attachments: Resolution Agreement Scott Sovers, Assistant City Engineer Jason Havel, City Engineer Ron Knoche, Public Works Director Kirk Lehmann, Assistant City Manager $353,000.00 Approval Executive Summary: This agenda item authorizes an agreement with Foth Infrastructure and Environment, LLC of Cedar Rapids, Iowa to provide temporary professional engineering services for project management and general engineering support to the City's Engineering Division. Background / Analysis: Within the Engineering Division, there are a total of 23 full-time employees. These include three Civil Engineers, six Senior Engineers, one Senior Facilities Design and Construction Manager and one Special Projects Administrator that currently manage more than 90 capital improvement projects for Public Works, Parks and Recreation (including Facilities), Transportation Services and others. In January of this year, one of the Division's Senior Engineers left the City to pursue other opportunities. Since licensed civil engineers are currently in high demand, the Division has been unsuccessful in filling this position. During this time, projects that were assigned to the vacant position have been reassigned to other engineers, delayed or put on hold. This has caused additional strain on an already busy staff and has negatively impacted project budgets. When projects get delayed, design and construction costs typically increase. This agreement will provide one full-time, licensed civil engineer with a minimum of 10 years experience who will report to the Engineering Division Office on a daily basis and provide project management and general engineering support typically assigned to the current vacant Senior Engineer position. The goal is to reduce strain on the Division's already busy staff and to advance projects that have either been delayed or put on hold. Most importantly, this additional support will help the Division continue to provide a high level of customer service to other City departments and the public until fully staffed and workloads return to a manageable level. The Engineering Division continues to seek an engineer to fill the vacant permanent position and this agreement period is one year. Should additional assistance be needed, an extension would need to be negotiated through an amendment or a separate contract. Prepared by: Smtt Soveis, Engineering Division, 410 E. Washington St., lovta City, IA 52240, (319)356-5142 Resolution No. 25-172 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Foth Infrastructure and Environment, LLC to provide temporary professional engineering services for project management and general engineering support to the City's Engineering Division Whereas, the City has various public improvement projects underway and upcoming in 2025- 2026, including but not limited to the Court Street Reconstruction Project, Taft Avenue Reconstruction Project, and other projects; and Whereas, to keep these projects on track, the City needs additional, temporary professional engineering services for both project management on specific projects and for general engineering matters; and Whereas, the City currently has a vacant Senior Engineer position and has had difficulty fling this position with a qualified candidate; and Whereas, the Consultant has extensive experience working on City projects and has provided similar services for other municipalities in the State of Iowa; and Whereas, the City desires the Consultant to provide the temporary professional services of a full- time civil engineer, licensed in the State of Iowa, with a minimum of 10 years of experience with municipal infrastructure projects; and Whereas, the Consultant has civil engineering staff that can perform the services needed by the City; and Whereas, the City has previously selected and utilized Consultant for design and engineering services and has been satisfied with Consultant's services; and Whereas, the Consultant will assist with the heavy workload that current City staff is experiencing; and Whereas, it is in the best interest of the City to contract with Consultant for the services herein. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreement. 3. The City Manager is authorized to execute amendments to the Consultant Agreement as they may become necessary. Resolution No. 25-172 Page 2 Passed and approved this 5th day of August . 20 25 km-- L �c,�.u-- M Attest: CPS City Clerk It was moved by Alter and seconded by adopted, and upon roll call there were: Approved by City Attorneys Office (Jennifer Schwickeralh - 07/3112025) Moe the Resolution be Ayes: Nays: Absent: x Alter x Bergus x Harmsen x Moe x Salih x Teague x Weilein Consultant Agreement for Professional Services (Civil Engineering Services) This Consultant Agreement for Professional Services ("Agreement"), made and entered into this 5th day of August, 2025, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City, and Foth Infrastructure and Environment, LLC, of Cedar Rapids, Iowa, hereinafter referred to as the Consultant, (together, "Parties"). Whereas, the City has various public improvement projects underway and upcoming in 2025-2026, including but not limited to the Court Street Reconstruction Project, Taft Avenue Reconstruction Project, and other projects; and Whereas, to keep these projects on track, the City needs additional, temporary professional engineering services for both project management on specific projects and for general engineering matters; and Whereas, the City currently has a vacant Senior Engineer position and has had difficulty filling this position with a qualified candidate; and Whereas, the City desires the Consultant to provide the temporary professional services of a full- time civil engineer, licensed in the State of Iowa, with a minimum of 10 years of experience with municipal infrastructure projects; and Whereas, the Consultant has extensive experience working on City projects and has provided similar services for other municipalities in the State of Iowa; and Whereas, the Consultant has civil engineering staff that can perform the services needed by the City; and Whereas, the City has previously selected and utilized Consultant for design and engineering services and has been satisfied with Consultant's services; and Whereas, the Consultant will assist with the heavy workload that current City staff is experiencing; and Whereas, it is in the best interest of the City to contract with Consultant for the services herein. Now therefore, the parties agree as follows: I. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. A. Project Management Services Project Management services generally include municipal engineering support in the management, coordination, administration for projects where City staff needs assistance. This may include, but not be limited to, the following duties: • Providing project management for design, bid and construction administration for capital improvement projects. • Administering public works contracts, coordinating relocation of utilities, reviewing pay estimates, resolving construction conflicts and technical issues, coordinating with contractors, surveyors and City's inspector through final closeout. • Monitoring project expenditures and making recommendations for budget modifications. • Assisting the City Attorney's Office in the acquisition of property as needed for capital improvement projects. 2- Preparing and delivering oral presentations at City Council, University and public neighborhood meetings. B. General Engineering Services General engineering services may include, but not be limited to, the following duties: • Receiving inquiries, communication, and complaints from the public and providing information. • Providing engineering assistance to other City departments, as requested. • Assisting in the development of the capital improvements program, identifying projects and preparing cost estimates. • Coordinating and administering bridge rating, traffic signal, pavement marking, and street pavement maintenance programs. IL Requirements Consultant agrees to perform the scope of services as outlined in section 1 while complying with the following requirements: A. Staff Selection and Assignment. Consultant will select and assign from Consultant's professional staff a civil engineer ("Assigned Engineer") with a minimum of 10 years of experience in project management and general engineering suitable for performing municipal engineering duties. The Assigned Engineer selected by Consultant must be currently licensed in the State of Iowa and must maintain licensure for the duration of this Agreement. B. Control of Assigned Engineer. In the performance of the work herein contemplated, Consultant is an independent contractor and its Assigned Engineer is an employee of Consultant and not an employee of the City. C. Consultant Responsibilities. In regard to the Assigned Engineer, throughout the duration of this Agreement Consultant will: • Maintain personnel and payroll records • Calculate and pay wages pursuant to Consultant's pay plan • Withhold and remit payroll taxes and other government -mandated charges including but not limited to all federal, state and local taxes and/or contributions including unemployment insurance, social security and income taxes • Provide and administer any and all employee benefits • Hire, assign, reassign, counsel, discipline, and discharge Assigned Engineer • Handle Assigned Engineer work -related claims and complaints D. Assigned Engineer Acknowledgement. Prior to beginning their assignment, Assigned Engineer will acknowledge in writing that they are an employee of Consultant and not an employee of the City of Iowa City and have no right to participate in the City's employee benefit plans, fringe benefit plans, or personnel policy. E. Work Location. The City will provide the Assigned Engineer with a work location at City Hall, 410 E. Washington Street, Iowa City, Iowa. The Assigned Engineer will have access to the work location at City Hall during the hours City Hall is open, which is generally 8:00 AM to 5:00 PM, Monday through Friday. -3- F. Transportation. The Assigned Engineer will provide their own transportation to and from City Hall at no cost to the City. Mileage for project -related travel will be tracked and reported for regular invoicing to the City. G. Computer. Consultant will provide the Assigned Engineer with their own computer for the purposes of performing the duties as outlined in Section I — Scope of Services. H. Confidential Information. Assigned Engineer may have access to certain information the City deems confidential. Consultant will require the Assigned Engineer to agree to treat any information the City deems to be confidential information as confidential and not disclose such information to any third person. Confidential information includes any information deemed confidential pursuant to Iowa Code Chapter 22. I. No Overlap on Current City-Folh Projects. Consultant agrees that where Consultant has a separate Consultant Agreement with City for design and engineering services, the Assigned Engineer will only perform services pursuant to this Agreement. J. Progress Reports. The Consultant will report weekly progress on general engineering assignments to the City Engineer and Assistant City Engineer as to be determined in a manner satisfactory to the City. III. Time of Completion The Consultant will provide project management and general engineering services for a period of up to 12 months. In the event the City requests additional time be added to the agreement, the Consultant will prepare a consultant agreement amendment for the City's review and approval. IV. Compensation for Services A. City Compensation to Consultant. In consideration of the services, work, equipment, supplies, or materials provided herein, the City agrees to pay the Consultant the following NOT -TO -EXCEED FEE (Unit CostlTime Charges), including any authorized reimbursable expenses. The contract amount is based on an hourly billing rate of $174/hr. Auto mileage will be reimbursed per the Internal Revenue Service standard mileage reimbursement rate. Planned project management and general engineering services assistance is based on 8 hours onsite per day, five days per week, for a total of 50 weeks. This equates to a total of 2,000 hours. Hours Rate ($1hr) Total General En ineerin Services 2000 174.00 $348,000 Reimbursable Expenses $5,000 Total Not -to -Exceed Fee I$353 000 V. General Terms A. Consultant will not unlawfully discriminate in its hiring or discharge of any individual, or in its terms and conditions of employment. Consultant agrees to prohibit such unlawful discrimination in any subcontract. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "not -to -exceed" amount listed in Section IV. The City may _q_ terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City shall be as an independent contractor. Consultant understands and agrees that it and all of its employees, including Assigned Engineer, are not considered officers, employees, agents, partners, or joint venturers of the City, and are not entitled to benefits of any kind or nature normally provided employees of the City and/or to which City's employees are normally entitled, including, but not limited to, state unemployment compensation or Workers Compensation. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. R It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant and/or Assigned Engineer shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to property complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own fling use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. -5- N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. Indemnification 1. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against liability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, including the Assigned Engineer, sub -consultants, and others for whom Consultant is legally liable, and the term "City' means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. R Insurance 1. Consultant will provide the following insurance coverage: Tvoe of Coverage Commercial General Liability Each Occurrence Aggregate Bodily Injury and Property Damage $1,000,000 $2.000.000 Automobile Liability Combined Single limit Bodily Injury and Property Damage $1,000,000 Excess Liability $1,000,000 $1,000,000 Employer's Liability Each Accident $500,000 Each Employee $500.000 Policy Limit $500,000 Professional Liability $1,000,000 $1.000,000 Workers Compensation Insurance as required by Chapter 85, Code of Iowa To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added to all policies listed above. Professional Liability: The Consultant shall procure and maintain, during the fife of this Agreement, Professional Errors and Omissions Liability Insurance. The Consultant will notify the Owner if claims made erode the policy limits below those required above All liability policies above, except for Workers Compensation and Professional Liability, shall include the Owner's Governmental Immunities Endorsement. The Consultant shall include the City of Iowa City (including its employees, agents and assigns) as additional insured on all policies, except workers compensation and professional liability. Such additional insured endorsement(s) shall make the Consultant's liability insurance primary to the City of Iowa City's and, furthermore, shall not be contributing with any other insurance or similar protection available to the City of Iowa City, whether such available protection be primary, contributing or excess. City of Iowa City shall be an Additional Insured with respect to all required aforementioned coverages, which shall be stated on all Certificates of Insurance. Such Certificates shall also state that the Governmental Immunities Endorsement apply and said endorsements shall be attached thereto. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shalt provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non -renewal or cancellation notice. O. Standard of Care 1. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances. The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. -T- 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. Forthe 1> For the Consultant By: "'�� By: Title: Mayor Title: Date: August: 5, 2025 Date: Attest: ):�" � l),'�° C.2 Senior Client Manager July 30. 2025 Approved by: City Attorney's Office August 5. 2025 Date M ASSIGNED ENGINEER ACKNOWLEDGEMENT have been assigned by my employer, Foth Engineering and Infrastructur LC, to work a temporary assignment as an Assigned Engineer under an agreement between Foth Engineering and Infrastructure, LLC and the City of Iowa City. I acknowledge that I remain an employee of Foth Engineering and Infrastructure, LLC. I understand that no compensation will be made by the City directly to me, and that Foth Engineering and Infrastructure, LLC, will continue to pay me any wages that I am due. I acknowledge, understand, and accept that I have no right to participate in any City of Iowa City employee benefit plan, fringe benefit plan, or personnel policy. Item Number: 6.e. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Resolution establishing the fee an owner may opt to pay in lieu of providing affordable housing in the Riverfront Crossings District and rescinding Resolution No. 23-10. Prepared By: Erika Kubly, Neighborhood Services Coordinator Reviewed By: Tracy Hightshoe, Neighborhood and Development Services Director Fiscal Impact: No Impact Staff Recommendation: Approval Commission Recommendations: N/A Attachments: 2025 FIL Calculation Resolution Executive Summary: The Riverfront Crossings Affordable Housing Requirement set forth in the Iowa City Code Section 14-4F-3A establishes an affordable housing requirement for certain projects, which may be met by providing on -site affordable housing or by providing a fee -in -lieu of contribution to an affordable housing fund. The fee must be determined biennially by City Council resolution. In January 2023, the fee was set at $70,291 per unit. The fee for the next two years shall be $113,065 per unit upon adoption of this resolution. Background / Analysis: In 2018, City staff partnered with the National Development Council (NDC) to establish a methodology for calculating a fee -in -lieu (FIL) for developers subject to the affordable housing requirement in Riverfront Crossings. Under the City's ordinance, developers may comply with this requirement either by providing on -site affordable housing units or by paying a fee -in -lieu contribution to the City's Affordable Housing Fund. To determine the FIL, the selected methodology compares the financial value of a 100% market -rate development to that of a development with 10% affordable units, as required by the ordinance. The difference in value between the two scenarios is the basis for the fee. The fee is updated biennially, with values determined using current market data. Historically, market rent and vacancy data used in the FIL calculation came from the Iowa City Area Rental Survey by Cook Appraisal. However, relying on local survey data resulted in significant fluctuations in the fee: • 2018: $94,652 per unit • 2020: $112,853 per unit • 2022: $70,291 per unit To enhance consistency, the City is transitioning to data provided by CoStar, a national firm specializing in commercial real estate analytics. Apartments.com is a subsidiary of CoStar. CoStar provides comprehensive data on market rents and vacancy rates for efficiency, 1-, 2-, and 3-bedroom units. Using this data, the proposed 2025 fee -in -lieu is $113,065 per unit. This fee will be reviewed and recalculated in two years. Riverfront Crossings Fee -in -Lieu Program Results to Date • Five projects have opted to pay the fee -in -lieu, contributing a total of $5,841,714, representing 65 units. • Eleven projects have provided on -site affordable units, resulting in 57 new affordable units in Riverfront Crossings. • An additional 52 income -restricted units have been created in the district through Tax Increment Financing (TIF) and other housing programs. Riverfront Crossings fee -in -lieu funds must be used for affordable housing in the Riverfront Crossings District. The 2025 FIL calculation is attached for reference. RFC District - Multi -Family sum trans Cap Rate 1 00% vacancy 480%COStsL Expense Raflo 40% Rate recommended fornewer"condos"fortax purposes Expense Raflo 41% Rate recommended for o lder"multifamily rental" for tax purposes Affordability 10% RFC requirement Mkt Rents COStar-Confluence Affordable Rents HOME Fair Market Rent Unit Mix ACS for RFC Affordable Unit Mix Pro Psi with Mkt Units % fValue Diff Used t00% RFC Unit Distnbution erACS Pm osed RFLUnit Distribution T Number Total Units Percent eeff T Number Total Units Percent eeff 138 2183 632% 138 2183 112% 1 121 2183 3303% 1 121 2183 "03% 2 690 2183 31 61 % 2 690 2183 31.61% 3 338 2183 1548% 3+ 634 2183 29.04% 4 164 2183 751% 2183 100.00% 5 132 2183 605% 2183 10000% 40 Total Units alue DifferentisII Fee in Lieu 100%Market Rate 10%Affordable Type # Mkt Rent Gre55 Rent Type # Mkt Rent FMRs Gross Rent Eff 3 $ 1,060 $ 38160 ELL 2 $ 1,060 $ 25,440 00%Mkt $ 6,005,532 1 13 $ 1141 $ 177996 1 9 $ 1141 $ 123228 0%Affordable �D�e $ 5,553,272 2 13 $ 1,]]1 $ 2]62]6 2 14 $ 1,]]1 $ 29]528 rential $ 452260 3 11 $ 1,845 $ 243,540 3 11 $ 1,845 $ 243540 erential/A nlfi,�i�96 4+ 0 $ 4+ 0 $ - $ - 40 $ 735,972 ELL 1 $ 1 $ 816 921 $ 9 792 $ 11,052 Fee in Lieu Gross Rent $ 735,972 2 1 $ 1105 $ 13260 Value Differential $ 113,06406 Vacancy $ 35,32] 3 1 $ 1,548 $ 18576 % fVal Diff for Fit 100% EGR $ 700,645 4+ 0 $ $ 113, 064 96 40 $ 4,390 $ 742,416 Expenses $ 280258 NOI $ 420,38] Gross Rent $ 742,416 IllclmeA roach to Value $ 6, 005,532 Vacancy EGR $ 35, 636 $ ]06]80 Expenses $ 318, 051 NOI $ 388729 meA roach to Value $5553272 Prepared by: Enka Kubly, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 Resolution No. 25-173 Resolution establishing the fee an owner may opt to pay in lieu of providing affordable housing in the Riverfront Crossings District and rescinding Resolution No. 23-10. Whereas, the Riverfront Crossings Affordable Housing Requirement set forth in Iowa City Code Section 14-4F-3A establishes an affordable housing requirement for certain projects, which may be met by providing on -site owner -occupied housing, on -site affordable rental housing, or by providing a fee in lieu contribution to an affordable housing fund to be established by the City; and Whereas, in accordance with Section 14-4F-8A, the in -lieu contribution per dwelling unit shall be determined biennially by resolution of the City Council based on a formula that analyzes the difference between renting a market rate unit and renting a dwelling unit affordable to an income -qualified household; and Whereas, with assistance from the National Development Council, staff developed a formula that analyzes the difference in project value comparing a market -rate project to a project with a 10% affordability requirement, and used this formula to determine a per -unit fee developers may opt to pay in lieu of providing affordable housing dwelling units; and Whereas, the formula takes into account local market conditions such as rents, vacancy rate, capitalization rate, HOME Fair Market Rents, operational expenses and unit mix; Whereas, using this formula the fee is $113,065 per unit; and Whereas, Resolution No. 23-10 established the current fee. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. In accordance with Section 14-4F-8A, an owner may contribute to a Riverfront Crossings District affordable housing fund a fee in the amount of $113,065 per affordable housing dwelling unit the owner would otherwise be required to provide pursuant to Section 14-417-3A. The fee applies to all affordable housing agreements entered into after passage of this resolution. 2. Resolution No. 23-10 is rescinded. Passed and approved this 5In day of August 2025. Attest: v 0.c/�, City Clerk Ma City Atto (sue Du k-07131/2025) Resolution No. 25-173 Page No. Z It was moved by Al ter , and seconded by MOe that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter x Bergus --� Harmsen Moe x Salih x Teague x Weilein Item Number: 6.f. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Resolution authorizing the City Manager to sign a one-year extension of the listing agreement with Lepic-Kroeger Realtors for the Iowa City Industrial Campus. Prepared By: Susan Dulek, First Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Fiscal Impact: none Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Amendment/Extension Executive Summary: The Iowa City Industrial Campus is a shovel -ready industrial use site located on 420th Street, and in 2015 the City Council approved a one-year listing agreement with Lepic-Kroeger, Realtors to sell lots. Council has by resolution extended the term of the listing agreement by one year each year thereafter. The City has only two remaining lots available for sale, and this resolution extends the term again by one year to July 15, 2026. Prepared by: Susan Dulek, First Asst City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356-5030 Resolution No. 25-174 Resolution authorizing the City Manager to sign a one-year extension of the listing agreement with Lepic-Kroeger Realtors for the Iowa City Industrial Campus. Whereas, the Iowa City Industrial Campus is a shovel -ready industrial use site located on 4201" Street; and Whereas, in Resolution No. 15-229, the City Council approved a one-year listing agreement with Lepic-Kroeger, Realtors to sell lots at the Iowa City Industrial Campus; and Whereas, City Council has by resolution extended the term of the listing agreement by one year each year thereafter with the most recent being Resolution No. 24-216 that extended the term until July 15, 2025; and Whereas, the City has only two remaining lots available for sale; and Whereas, it is in the best interest of the City to extend the term again by one year to July 15, 2026. Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that: The City Manager is authorized to sign the attached amendment to the Commercial Listing Agreement to extend the term to July 15, 2026. Passed and approved this day of August, 2025. M or r. City Clerk Approved by City Attar y's Office (Sue Dulek — 07/14/2025) Resolution No. 25-174 Page 2 It was moved by Alter and seconded by Moe the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: u Alter x Bergus X Harmsen _x _ Moe x Salih �_ Teague Weilein LR Iowa City Area Association of REALTORS® - Listing Status Change/Correction Form Property Address 4748 SE 420th St, Lot 4 & 6, Iowa City Listing Office LIR Listing Agent Jeff Edberg & Carmen Krueger CONTINGENCY (AC) (Active Status) (Accepted Offer Subject to Contingencies) Contingent Date (Purchase Agreement Date) MLS # 202404M / 2024114888 Puce $639,216 / f632,44 ® ENTERED BY AGENT PENDING (Status) (Days on Market Calculated from List Date to Pending Date) SOLD STATUS (Closing Taken Place) Pending Date _ Selling Office WITHDRAWAL/CANCELLATION Selling Agent _ 3 _ Listing is Withdrawn Buyer's Last Name REALTOR@ & Seller Signatures Regtured Below Sale Price _ [3_ Listing is Cancelled Transaction Value _ (if Sale, Selling Price. if Lease, Total Value.) Designated REACTOR®&Seller Signatures Required Below Lease Value EXTENSION (Per Foot or Per Month) Lease Term Listing Expires This Date 07115/2t725 Sales Terms: (Select One) Extend Expiration Date to 0711512026 Q❑ Cash Q Conventional Lease 0 Exchange REACTOR®&Seller Signatures Required Below ® Other a FICA BACK ON THE MARKET ❑❑ VA EE Private Party Contract (Not to Be Used to Activate an Expired Listing) Listing is Back on Market Pending Date _ Closing Date Listing Expiration Date PRICE CHANGE Change Price to REALTOR@ & Seller Signatures Required Below Use this area below to make changes to the text of a listing. If changes are extensive, use a profile sheet to indicate changes. 1 Signatures of SellerslREALTOR5 re u : Price cltan eslestensions/withdra►ralsicancellationss.. r Sellers' Signatures Date REALTORO's Signa tirel f WITHDRAWAL - !t is also ! y w to a •p li so wi rn t e scrnU o c onginai listing, or any extension thereof, or is sold within days after the expirotia ft listing or gxt i n thereof, as provided in said listing. then this withdrawal agreement shalt be absolutely void Service, NOT of the listing. and said original listing or extension hercur shall be in full rct: and eiTect. This is a withdrawal from the a canLellation livsd 4/09 Item Number: 6.g. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Resolution approving Amendment #1 to an Agreement for Private Redevelopment by and between the City of Iowa City, Iowa, Tailwind College Street, LLC and Tailwind College Street IC, LLC. Prepared By: Rachel Kilburg, Economic Development Coordinator Reviewed By: Eric Goers, City Attorney's Office Geoff Fruin, City Manager's Office Fiscal Impact: N/A Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Amendment #1 Executive Summary: This amendment to the development agreement (resolution 21-15, passed January 19, 2021) for the historic rehabilitation and new multi -family construction project located within the 100 block of East College Street on the Pedestrian Mall amends the legal description to include a parcel of the project that was missing from the development agreement in error. The missing parcel is parcel #1010380009, locally known as 109 East College Street, Iowa City, Iowa, the legal description for which is the West 19.3 feet of Lot 3 in Block 82, Iowa City, Johnson County, Iowa. Background / Analysis: This amendment to the Development Agreement (resolution 21-15, passed January 19, 2021) with Tailwind College Street, LLC and Tailwind College Street IC, LLC for the historic rehabilitation and new multi -family construction project located within the 100 block of East College Street on the Pedestrian Mall amends the legal description to include a parcel of the project that was missing from the development agreement in error. Approval of this agenda item will amend Exhibit A to the Development Agreement to include the legal description of Parcel #1010380009, locally known as 109 East College Street, Iowa City, Iowa, the legal description for which is the West 19.3 feet of Lot 3 in Block 82, Iowa City, Johnson County, Iowa. The error was discovered at the time of the June 2025 TIF rebate payments and all parties agree that the parcel was intended to be included as part of the Development Property governed by the Agreement. Doc ID: 032547610007 Type: GEN Kind: RESOLUTION Recorded: 08/14/2025 at 10:23:05 AM Fee Amt: $37.00 Paqe 1 of 7 Johnson County Iowa Kim Painter County Recorder BK6683 PG602-608 STATE OF IOWA ) ) SS JOHNSON COUNTY ) s r l city of co I, Kellie K. Grace, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 25-175 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of August 2025, all as the same appears of record in my office. Dated at Iowa City, Iowa, this / 1-07 day of August 2025. x Kellie K. Grace City Clerk fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 9 FAX (319) 356-5009 Prepared by Rachel Kilburg Varley, Economic Dev. Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 Resolution No. 25-175 Resolution approving Amendment #1 to an Agreement for Private Redevelopment by and between the City of Iowa City, Iowa, Tailwind College Street, LLC, and Tailwind College Street IC, LLC. Whereas, the City of Iowa City and Tailwind College Street, LLC, and Tailwind College Street IC, LLC., the Developer, previously executed an Agreement for Private Redevelopment dated January 19, 2021, as a part of the development and revitalization of the City -University Project 1 Urban Renewal Area in Iowa City; and Whereas, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of an economic development area in the City and, in this connection, is engaged in carrying out urban renewal project activities in an area known as the City -University Project I ("Urban Renewal Area" or "Area"), which area is described in the City -University Project I Plan ("Plan") approved for such area by Resolution No. 2157 on October 2, 1969, and which Plan has been amended from time to time, wherein which the Development Property is located; and Whereas, Developer has constructed improvements on real estate in the City -University Project 1 Urban Renewal Area located within the Pedestrian Mall 100 block of East College Street, Iowa City, Iowa; and Whereas, the legal description of the Development Property contained in Exhibit A to the Agreement inadvertently left off one parcel in the Development Parcel; and Whereas, the legal description contained within Exhibit A to the Agreement does not include Parcel #1010380009, locally known as 109 East College Street, Iowa City, Iowa, the legal description for which is the West 19.3 feet of Lot 3 in Block 82, Iowa City, Johnson County, Iowa.; and Whereas, all Parties intended for said property to be included as part of the Development Property governed by the Agreement; and Whereas, it is in the best interest of all Parties to amend the Agreement to effectuate their original intent. Now, therefore, be it resolved by the city council of the city of Iowa City, Iowa, that: 1. The attached Amendment #1 to the Agreement for Private Redevelopment is hereby approved. 2. The Mayor is authorized and directed to execute the Amendment and the City Clerk is authorized and directed to attest his signature and to affix the seal of the City Clerk and record the same. Passed and approved this 5th day of August Mayo 20 25 Resolution No. 25-175 Page 2 Attest:_ 1 L' City Clerk Approved by: City Attorney' O ice — 07/31 /2025 It was moved by Alter , and seconded by Moe , 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 AMENDMENT NO. 1 TO THE AGREEMENT FOR PRIVATE REDEVELOPMENT By and Between THE CITY OF IOWA CITY, IOWA, TAILWIND COLLEGE STREET, LLC, and TAILWIND COLLEGE STREET IC, LLC JULY 8, 2025 THIS AMENDMENT NO 1 TO THE AGREEMENT FOR PRIVATE REDEVELOPMENT (hereinafter called "Agreement"), is made on or as of the 8th day of July, 2025, by and among the CITY OF IOWA CITY, IOWA, a municipality (hereinafter called "City"), established pursuant to the Code of Iowa of the State of Iowa and acting under the authorization of Chapters 15A and 403 of the Code of Iowa, 2021, as amended (hereinafter called "Urban Renewal Act"), TAILWIND COLLEGE STREET, LLC., a Minnesota limited liability company, having a mailing address at 530 South Front Street, Ste. 100, Mankato, MN 56001 (hereinafter "Developer"), and TAILWIND COLLEGE STREET IC, LLC., a Minnesota limited liability company, having a mailing address at 530 South Front Street, Ste. 100, Mankato, MN 56001 (hereinafter "Owner"). WITNESSETH: WHEREAS, the City, Owner, and Developer did enter into an Agreement for Private Redevelopment ("Agreement") on or about January 19, 2021, to construct improvements in the form of historic rehabilitation of certain existing structures on the Development Property and for the construction of a new 11-story multi -family residential building; and WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of an economic development area in the City and, in this connection, is engaged in carrying out urban renewal project activities in an area known as the City -University Project I ("Urban Renewal Area" or "Area"), which area is described in the City -University Project I Plan ("Plan") approved for such area by Resolution No. 2157 on October 2, 1969, and which Plan has been amended from time to time, wherein which the Development Property is located; and WHEREAS, the legal description of the Development Property contained in Exhibit A to the Agreement inadvertently left off one parcel in the Development Parcel; and WHEREAS, the legal description contained within Exhibit A to the Agreement does not include Parcel #1010380009, locally known as 109 East College Street, Iowa City, Iowa, the legal description for which is the West 19.3 feet of Lot 3 in Block 82, Iowa City, Johnson County, Iowa.; and; WHEREAS, all Parties intended for said property to be included as part of the Development Properly governed by the Agreement; and WHEREAS, it is in the best interest of all Parties to amend the Agreement to effectuate their original intent. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the Parties hereto, each of them does hereby covenant and agree with the others as follows: 1. Amend Exhibit A to the Agreement to include the legal description of Parcel #1010380009, locally known as 109 East College Street, Iowa City, Iowa, the legal description for which is the West 19.3 feet of Lot 3 in Block 82, Iowa City, Johnson County, Iowa, by inserting the following paragraph immediately after the description of Parcel 4: PARCEL 5! The West 19.3 feet of Lot 3 in Block 82, Iowa City, Johnson County, Iowa. 2. All other provisions of the Agreement not specifically amended herein shall remain in full force and effect. IN WITNESS WHEREOF, the City has caused this Amendment No. 1 to the Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, the Owner and Developer have caused this Agreement to be duly executed in its name and on its behalf. (SEAL) .n n y ATTEST: :... by. :City 12terk CITY OF IOWA CITY, IOWA By: r Approv by: Ci y Attorney TAILWIND CO EGE. STREET IC, LLC. BY: TAILWIND COL GE STREET, LLC BY: CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) )SS COUNTY OF JOHNSON ) On this 5th day of August , 2025, before me allotary Public in and for said County, 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 Municipal Corporation, created and existing under the laws of the State of Iowa, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by them voluntarily executed. CONNIE MCCURDY Commission Number 1955110 My Commission Expires Notary Public in and for the Cate of o a 100 April 04, 2027 OWNER ACKNOWLEDGEMENT STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged b as L C. )SS me on this ZZ day of �y �L�—, 2025, by l of TAILWIND COLLEGE STREET IC i� , NATAL KAY STUBBS �t Notary Public No a. Minnesota •*� Any Comrrrssion Expies Jan. 31, 2026 DEVELOPER A� STATE OF MINNESOTA COUNTY OF HENNEPIN Tma-'Ocj.�.�instrument was ackn wledged be as L1,C. E"'h NATALIE KAY STUBBS Notary Publiic 026 s Minnesota ;my Commission Expires tan. 3 — O WLEDGEMENT )SS me on this ZZ- day of [� �� , 2025, by of `C WIND COLLEGE STREET, r' f �f Not u c Item Number: 6.h. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Shive-Hattery, Inc. to provide engineering consultant services for the Highway 6 Trail — Broadway Street to Fairmeadows Boulevard Project. Prepared By: Joe Welter - Senior Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Kirk Lehmann - Assistant City Manager Fiscal Impact: $256,600 available in the Highway 6 Sidepath — Broadway to Fairmeadows account #R4227 Staff Recommendation: Approval Attachments: Resolution Agreement Executive Summary: This agenda item approves the consultant agreement with Shive-Hattery, Inc. of Cedar Rapids, Iowa for the preliminary design, final design, preparation of a project manual for bidding, bidding assistance, and construction services for the construction of an infill multiuse trail along U.S. Highway 6 between Broadway Street and Fairmeadows Boulevard. Background / Analysis: This project includes an approximately 0.9 mile long ten -foot wide multiuse trail segment along U.S. Highway 6. This infill segment will complete the multiuse trail from Riverfront Crossings Park to Heinz Road. The proposed trail will provide connectivity with intersecting streets and adjacent businesses and neighborhoods. The project will be designed, bid, and constructed according to Iowa Department of Transportation (DOT) Standards and supplemented with the City of Iowa City Design Standards. Prepared by: Joe Welter, Engineering Division, 410 East Washington street, Iowa City, Iowa 52240, (319)356-5144 Resolution No. 25-176 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Shive-Hattery, Inc. to provide engineering consultant services for the Highway 6 Trail — Broadway Street to Fairmeadows Boulevard Project. Whereas, the City of Iowa City desires to construct an infll trail segment from Broadway Street to Fairmeadows Boulevard along U.S. Highway 6 as needed to complete the multiuse trail from Riverfront Crossings Park to Heinz Road; and Whereas, the project includes a ten -foot wide multiuse trail and needed appurtenances to connect the proposed trail to streets it will intersect with; and Whereas, the City of Iowa City desires the services of a consulting firm to provide preliminary design, final design, preparation of a project manual for bidding, bidding assistance, and construction services for the Highway 6 Trail - Broadway Street to Fairmeadows Boulevard Project; and Whereas, the City issued a Request for Qualifications, On -Call Professional Design and Engineering Services (2023-2025), October 12, 2022, to private consulting firms interested in providing design and engineering services related to public improvement projects in the City of Iowa City; and Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with Shive- Hattery, Inc., to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with Shive-Hattery, Inc.; and Whereas, funds for this project are available in the Highway 6 Sidepath - Broadway to Fairmeadows account # R4227. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreement. 3. The City Manager is authorized to execute amendments to the Consultant Agreement as they may become necessary. Passed and approved this 5th day of August: 12025 Resolution No. 25-176 Page 2 Attest: Al_A GP City Clerk It was moved by Alter and seconded by adopted, and upon roll call there were: Ayes: Nays: x x x --Y-- -x— x Approved by City Attom 's Office (Liz Craig - 07/30/2025) Moe the Resolution be Absent: Alter Bergus Harmsen Moe Salih Teague Weilein Consultant Agreement This Agreement, made and entered into this 5th day of August , 2025, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive- Hattery, Inc., of Cedar Rapids, Iowa, hereinafter referred to as the Consultant. Whereas, the City desires to obtain the services of a qualified consulting firm to provide preliminary design, final design, preparation of a project manual for bidding, bidding assistance, and construction services for the Highway 6 Trail — Broadway Street to Fairmeadows Boulevard Project; and Whereas, the proposed trail segment has been identified as a priority for bicycle and pedestrian connectivity; and Whereas, the proposed trail segment is a prioritized infill section that completes the connection within the Highway 6 Corridor from Riverfront Crossings Park to Heinz Road; and Whereas, the proposed trail segment addresses a gap in the City's side path network due to the high speeds and volume of vehicular traffic on Highway 6; and Whereas, the 0.90 miles of ten -foot wide multiuse trail along Highway 6 from Broadway Street to Fairmeadows Boulevard in Iowa City, Iowa will be constructed with a concrete surface, be Americans with Disabilities Act (ADA) compliant, have ADA compliant curb ramps at its intersections with roadways and facility entrances, and incorporate signalization at its intersections with roadways and facility entrances; and Whereas, all services shall be in conformity with the Iowa Department of Transportation (DOT) Standards, Design Guides and Specifications, Title 23 U.S. Code of Federal Regulations, Part 625; applicable sections of the U.S. Department of Transportation, Federal Aid Policy Guide (FAPG), and the design standards of the City. These will serve as guidance documents for preparation of plans, specifications, and estimates; and Whereas, the City issued a Request for Qualifications, On -Call Professional Design and Engineering Services (2023-2025), October 12, 2022, to private consulting firms interested in providing design and engineering services related to public improvement projects in the City of Iowa City; and Whereas, submittals were received from consulting firms and evaluated by a selection committee; and Whereas, Consultant was selected based on qualifications, key personnel, project approach, and fees and rates; and Whereas, funds are available in the Highway 6 Sidepath — Broadway to Faimieadows Project, Account R4227. Now Therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. 2- Scope of Services Consultant agrees to perform the following services for the City and to do so in a timely and satisfactory manner. A. Proiecl Coordination: 1. Project Kickoff Meeting a. Facilitate one (1) project kickoff meeting with City Staff to discuss the project scope, goals, and administrative details of the project. 2. Project Management a. Provide project management services including management of the project schedule, resources, risks, communication, and costs for the project. Provide a status update of the project monthly with each invoice submitted. 3. Iowa DOT Coordination and Review Meetings a. Coordinate and attend four (4) design review meetings with Iowa DOT to review plan submittals including: Concept, Preliminary, Check, and Final Plans. 4. City Staff Review a. Coordinate and attend four (4) design review meetings with City Staff including; Concept, Preliminary, Check, and Final Plans. 5. Public Open House a. Assist with public involvement by participating in one (1) neighborhood open house meeting. Provide presentation material for project overview, along with aerial photos and plan information for public review. The meeting is intended to engage neighborhood residents in the corridor to provide information on design basis. 6. Utility Coordination Meetings a. Coordinate utility plan development and distribution and attend monthly virtual utility meetings during design. For planning purposes, Consultant will coordinate and attend six (6) meetings. Additional utility coordination correspondence will be conducted beyond the monthly meetings based on need and conflicts that arise. B. Permitting, Funding Compliance, and Coordination 1. The Consultant shall coordinate with Iowa DOT to assist with managing and complying with the requirements for the Federal Transportation Altematives Program (TAP) Funding. a. Consultant shall prepare the requirements for the National Environmental Policy Act (NEPA) compliance, including the following: 1) Submit concept statement to the Iowa DOT for environmental clearance. 2) Complete Threatened and Endangered Species review. a) Onsite wetland delineation to evaluate the presence or absence of wetlands or Water of the United States (WOTUS). b) It is anticipated the project area is within rusty patch bumblebee high potential zone, an onsite assessment to document if existing habitat is present onsite shall be completed. b. Coordination with cultural resource professional for completion of a cultural resource evaluation desktop review. c. It is anticipated the project will achieve NEPA clearance as a programmatical categorical exclusion and will meet the requirements of Instructional Memorandum (IM) 3.310 per the Iowa DOT major project schedule. 2. Complete a stormwater pollution prevention plan and submit a National Pollution Discharge Elimination System Permit (NPDES) General Permit No. 2 Application to the Iowa Department of Natural Resources (DNR). -3- C. Site Investioation 1. Land Surveying and Base Mapping a. Contact Iowa One Call for mapping and utility locates. b. Obtain the current site GIS and CAD files from the City or other consulting firms (as approved by the City) to review known utility information. c. Utilize a combination of drone survey and field topographic survey of the site area to create a project base map. Survey will utilize Iowa State Plane South Coordinate System. d. Create project base map for civil design. e. Provide a new drone aerial image for use with presentation and design. f. Boundary survey to locate existing monuments and determine existing right-of- way for project corridor. Boundary survey includes boundary research, boundary field work, boundary office calculations, create a boundary base map for civil design. 2. Utility Investigation a. The Consultant will identify existing marked utilities to provide horizontal location only and obtain the maps and field locates for public utilities. No potholing is included in this scope; however, potholing services and supplemental survey may be added, if necessary, as an added service if design identifies a potential conflict. b. Utility coordination will include coordination with the City to provide a representation of public water, storm sewer, sanitary sewer, City telecommunications, and fiber, or other utilities during this phase. c. Consultant will include a utility coordination sheet with plan development and coordinate either by joint utility meeting or separate meeting to provide coordination of possible conflicts. 3. Subsurface Investigation a. The Consultant will coordinate subsurface investigation and analysis (e.g. geotechnical report) to soil analysis for trail and retaining wall. b. Project geotechnical borings shall be completed after approval of concept statement and alignment verification. c. The work will include nine (9) standard penetration test borings along the roadway for the proposed trail and retaining walls. 1) Five (5) borings will be extended to depths of 10 feet below existing grade along the trail alignment. 2) Four (4) borings are included for budgeting for possible proposed retaining wall area and will be extended to depths of 15 feet below existing grade. Borings for retaining wall are provided for a budgeting estimate and may be modified or removed if retaining wall area is reduced or not needed. 3) All borings will include standard penetration tests or thin -walled tube sampling at 2 % foot vertical intervals to a depth of 10 feet and at 5-foot intervals at greater depths. d. An engineering analysis, including subbase and recommended trail thickness, and a written report shall be provided. -q- D. Acquisition Plats Temporary Easement Acquisition a. Easement Plats 1) The Consultant shall provide Easement Plats in accordance with the Iowa Code and City of Iowa City requirements to obtain temporary construction easements. The Consultant shall provide a certified drawing at a suitable scale depicting existing right-of-way, existing recorded easements, and need(s) of the proposed easements. For budgetary purposes, it is assumed that three (3) Temporary Easement Plats are necessary for the project. b. Individual Parcel Exhibits 1) The Consultant shall prepare individual property acquisition exhibits (8.5-in by 11-in) for each parcel which will consist of aerial imagery and show the proposed roadway design elements, driveway access, and site modifications; in addition to existing right-of-way lines, proposed fee title right-of-way needs, and permanent/temporary easement needs. This Agreement includes three (3) parcel exhibits necessary for the project. Additional exhibits will need to be added by amendment. E. Design and Construction Document Development 1. Concept Development a. The Consultant shall develop technical recommendations for shared use path design utilizing Iowa DOT Design Manual Chapter 12 guidelines and the City of Iowa City Design Standards. Technical recommendations shall be provided to the City. b. The Consultant will prepare up to two (2) alignment variation options. Each option will include plan and profile views. The City will be responsible for choosing their preferred option to continue design. c. Iowa DOT Concept Statement shall be submitted by consultant after alignment selection. d. Deliverables: 1) Alignment alternative exhibits for City review. 2) Concept Statement to Iowa DOT. 2. Preliminary Plan Design Documents a. The Consultant shall develop preliminary plans for the proposed trail and connections. The preliminary plans will include project extents, grading plan including storm water drainage assessment, trail geometry, removals, retaining wall design, and preliminary traffic control layout. b. The preliminary plans for the project will be approximately 60 % complete upon completion of the preliminary design. Preliminary Plans will be submitted to the Iowa DOT and City of Iowa City for review per the Iowa DOT Major Letting Schedule. Preliminary Design deliverables will include the following: 1) Preliminary Project Plans. 2) Iowa DOT Preliminary Plan Checklist. 3) Preliminary Opinion of Probable Construction Cost. 3. Check Plan Design Documents a. Based upon approved preliminary design, the Consultant shall subsequently proceed with the development of Check Plans. The Check Plans will include final unapproved plans including final design for project extents, grading plan including storm water drainage assessment, trail geometry, removals, estimate of quantities, estimate reference information, tabulations, proposed trail plan and profile, retaining wall design, staging/phasing, curb ramp plans, traffic control layout and wiring, erosion control plans, and utility plans (as needed). -5- b. Preliminary supplementary specifications if required shall be provided to the City of Iowa City for review. c. The Check Plans for the project will be approximately 90% complete upon completion of check plan design. Check Plans will be submitted to the Iowa DOT and the City of Iowa City for review per the Iowa DOT Major Letting Schedule. Check Plan Design deliverables will include the following: 1) Check Plans. 2) Iowa DOT Check Plan Checklist. 3) Opinion of Probable Construction Cost. 4) Preliminary Supplemental Specifications. 4. Final Plan Design Documents a. Based upon comments received through the Check Plan review process, the Consultant shall subsequently finalize the construction plans, specifications, and an opinion of probable construction cost. b. The final plans for the project will be 100 % complete upon completion of final plan design. Final plans shall be submitted to the City of Iowa City prior to submittal to the Iowa DOT for review. No comments or review is anticipated from the Iowa DOT after final plan submittal. c. Final plan design deliverables will include the following: 1) Final Plans. 2) Iowa DOT Final Plan Checklist. 3) Iowa DOT Project Development Certificate (PDC). 4) Opinion of Probable Construction Cost. 5) Supplemental Specifications. F. Bid and Negotiation Phase 1. Bid Letting Coordination a. It is anticipated the project will be let through the Iowa DOT utilizing the Major Project Letting Schedule utilizing one bid package. b. The consultant will coordinate with the Iowa DOT to answer questions, provide interpretation of plans, and issue addenda as necessary. G. Construction Phase Services 1. Pre -Construction Meeting: a. The Consultant will assist City with organizing and conducting a pre -construction conference; prepare agenda; record and distribute meeting minutes. b. The Consultant will review shop drawings and submittals. 2. Construction Meetings: a. The Consultant will attend progress meetings bi-weekly, prepare and distribute meeting minutes (an average of one (1) site meeting every other week of construction for the project's duration.) A total of sixteen (16) meetings are included with construction services for this project scope. b. The Consultant will complete site reviews with City in conjunction with construction meetings to review the Contractor's operations to become generally familiar with and coordinate with City to review progress and quality of the portion of the work completed. Determine, in general, if the Work is being performed in a manner indicating that the Work, when fully completed, will follow the Contract Documents. c. During site visits, the Consultant will prepare and distribute field notes with photographic documentation throughout the project. 3. Record Documents — based on changes made during construction and as provided by Contractor mark-ups or the City, the Consultant will prepare record drawings. The record drawings will be submitted as both a pdf and AutoCAD dwg files. 4. Re-establishment of Monuments: a. Disturbed or missing monuments shall be reset at their original location and a Monumentation Preservation Certificate in accordance with Iowa Code Section 355.6A shall be prepared and filed with the Recorder. H. Additional Services 1. Consultant may perform the following additional services upon execution of a written amendment to this agreement. However, these additional services will not be performed without prior written authorization. a. Right of Way Acquisition Plats and Exhibits — Estimate $1,300 each. b. Additional Temporary Construction Easements — Estimate $750 each. c. Additional Easement Exhibits — Estimate $750 each. d. Easement agreements and acquisition services. 1) Land acquisition to be completed and/or coordinated through the City of Iowa City. e. Distribution of Bidding Documents. f. Plan revisions based on value engineering. g. Additional environmental reviews including Phase 1 environmental and other assessments to obtain NEPA Clearance beyond those listed above within the scope of services. In. Photometric Lighting Design. i. Construction Observation and Testing services. j. Stonnwater Pollution Prevention Plan (SWPPP) inspections. k. Construction staking. I. Materials testing. m. Private utility locates to scan the boring locations with geophysical equipment prior to drilling (in addition to submitting a One -Call ticket). n. Potholing services. -7- II. Time of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Milestone I Task Deadline Authorization to Proceed August 19, 2025 Site Investigation August - September, 2025 MOT Concept Statement Submittal October 21, 2025 City Preliminary Plan Submittal April 7 2026 IDOT Preliminary Plan Submittal April 21, 2026 City Check Plan Submittal May 19, 2026 IDOT Check Plan Submittal June 2, 2026 Final Plans(City Submittal July 23, 2026 Final Plans, PDC` August 18, 2026 Set Public Hearing September 2026 Bid Letting Date` November 17, 2026 Award of Contract/NTP January 2027 Construction S ring 2027 `Iowa Department of Transportation Major Project Critical Path Dates m III. Compensation for Services Compensation shall be based on the rates and fees shown on the attachment. The total cost of services shall not exceed $256,600, including reimbursable expenses. The table below provides an estimated budget summary by task listed in the Scope of Services: Description Fee A. Project Coordination $26,700 B. Permitting, Funding Compliance, and Coordination $16,000 C. Site Investigation $41,500 D. Acquisition Plats $3,800 E. Design and Construction Document Development 1.Concept Design $5,800 2.Preliminary Plans $31,500 3.Check Plans $60,500 5. Final Plans $37,500 F. Bid and Negotiation Phase $3,500 G. Construction Phase Services $16,500 Reimbursable Expenses $2,000 Subtotal Consultant Services $245,300 Expenses: Subconsultant- Terracon(Geotechnical - Base) $8,060 Expenses: Subconsultant- Terracen(Geotechnical- Retaining Wall) $3,240 Subtotal Subconsultant Services Total Not -To -Exceed Fee $11,300 $256,600 IV. General Terms A. Consultant will not unlawfully discriminate in its hiring or discharge of any individual, or in its terms and conditions of employment. Consultant agrees to prohibit such unlawful discrimination in any subcontract. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "not -to -exceed" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the Citythat all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. m F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certffies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. Indemnification 1. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attomey's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, erors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against liability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub -consultants, and others for whom Consultant is legally liable, and the term "City' means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P. Insurance The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non -renewal or cancellation notice. Q. Standard of Care The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances. The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. _„_ 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. For the For the Consultant Q{z`.� By. � t By: Title: y. Title: Dave Panos, P.E. / Project Manager Date: August 5, 2025 Date: July 22, 2025 Attest: �' P 4 n ►� t. P, Approved by: City Atl mey's Office 7/3o/a S Date 12- STANDARD HOURLY FEE SCHEDULE Effective January 1, 2025 to December 31, 2025 PROFESSIONAL STAFF: TECHNICAL STAFF: Grade 1 $111.00 Grade 1 $ 78.00 Grade 2 $133.00 Grade 2 $ 95.00 Grade 3 $148.00 Grade 3 $109.00 Grade 4 $166.00 Grade 4 $118.00 Grade 5 $184.00 Grade 5 $131.00 Grade 6 $199.00 Grade 6 $151.00 Grade 7 $216.00 Grade 7 $168.00 Grade 8 $235.00 Grade 9 $255.00 ADMIN STAFF: $ 75.00 SURVEY STAFF One Person $170.00 Two Person $263.00 One Person with ATV $195.00 Two Person with ATV $288.00 REIMBURSABLE EXPENSES: TRAVEL IN-HOUSE SERVICES Mileage-Car/Truck $0.70/Mile Prints/Plots: Mileage -Survey Trucks $0.80/Mile Band $.30/Sq. Ft. Lodging, Meals Cost + 10% Mylar $ .75/Sq. Ft. Airfare Cost + 10% Photogloss $ .90/Sq. Ft. Car Rental Cost + 10% Color Bond $ .60/Sq. Ft. Foam Core Mounting $ 13.00 OUTSIDE SERVICES Aerial Phologrammetry Cost+ 10% Color Prints: Professional Services Cost+ 10% Letter Size $ 1.00 Pnnts/Plots/Photos Cost +10"/ Legal Size $ 2.00 Item Number: 6.i. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Resolution authorizing the City Manager to submit a Resource Enhancement and Protection (REAP) grant application for Hickory Hill Park Ecological Restoration -Phase IV and to sign a grant agreement if awarded. Prepared By: Susan Dulek, First Ass't. City Attorney Reviewed By: Kirk Lehmann, Assistant City Manager Juli Seydell Johnson, Park & Rec Director Tyler Baird, Parks & Forestry Superintendent Fiscal Impact: None Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: The Iowa Dept. of Natural Resources administers Resource Enhancement and Protection (REAP) grants for development/enhancement of land for outdoor recreation, and the grant process requires City Council approval of a grant submission. City staff would like to apply for a $200,000 grant with no local match for ecological restoration of the newly acquired 40- acre addition to Hickory Hill Park. This project will also add parking and trailhead amenities to the north end of the park where no prior access point existed. A high quality 10-acre hillside woodland will be restored along with conversion of 12 acres of prior hay ground to native prairie. This resolution authorizes the City Manager to submit the grant application and sign the grant agreement if awarded. Prepared by: Susan Dulek, First Assl. City Arty. 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. Resolution authorizing the City Manager to submit a Resource Enhancement and Protection (REAP) grant application for Hickory Hill Park Ecological Restoration -Phase IV and to sign a grant agreement if awarded. Whereas, the Iowa Dept. of Natural Resources administers Resource Enhancement and Protection (REAP) grants for acquisition and/or developmentlenhancement of land for outdoor recreation; and Whereas, the grant process requires City Council approval of a grant submission; and Whereas, City staff would like to apply for a $200,000 grant for ecological restoration of the newly acquired 40-acre addition to Hickory Hill Park; and Whereas, there is no local match. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The City Manager is authorized to apply for the REAP grant for Hickory Hill Park Ecological Restoration -Phase IV. 2. If the REAP grant is awarded, the City Manager is authorized to sign the grant agreement and amendments as needed. Passed and approved this 5ch day of August, 2025. yor Attest: Approved: City Clerk City Atto ey s Office (Sue Dulek — 07/28/2025) Resolution No. 25-177 Page 2 It was moved by Alter and seconded by 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 the Item Number: 6.j. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Resolution approving the forgiveness of the remaining balance of a loan to Berry Court Limited Partnership for affordable housing. Prepared By: Susan Dulek, First Ass't. City Attorney Reviewed By: Tracy Hightshoe, Neighborhood and Development Services Director Kirk Lehmann, Assistant City Manager Fiscal Impact: Forego $63,960.92 in future revenue to the debt service fund Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Berry Court Agreement Executive Summary: The City and Berry Court Limited Partnership entered into a loan agreement in 2007. The Housing Fellowship is the managing partner of Berry Court Limited Partnership, a for -profit entity created by The Housing Fellowship in order to pursue low-income tax credits for an affordable housing project. Background / Analysis: Under the Berry Court Agreement, the City agreed to provide a loan to Berry Court Limited Partnership of $320,000 utilizing General Obligation debt to construct 8 single-family homes and to rehabilitate 2 duplexes and 2 single-family homes as part of low-income tax credit project. The loan is amortized over 20 years with monthly payments, and the balance is $63,960.92 as of July 9, 2025. Under the agreement, Berry Court Limited Partnership is required to provide affordable rental housing until June 30, 2037, with rents set at or below the HUD Fair Market Rent for Iowa City and preference to be given to households under 60% median family income. Because the City has fully retired the General Obligation bond that provided the source of the original loan and in consideration of the continuing affordable housing compliance period and need of Berry Court Limited Partnership to reinvest in the properties, staff recommends forgiving the remaining balance of the loan. The requirements of the agreement that the rents will be set at or below the HUD Fair Market Rent for Iowa City and preference will be given to households under 60% median family income units remain in effect until June 30, 2037. Prepared by: Susan Dulek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 Resolution No. 25-178 Resolution approving the forgiveness of the remaining balance of a loan to Berry Court Limited Partnership for affordable housing. Whereas, the City and Berry Court Limited Partnership entered into the Agreement dated June 18, 2007 ("Berry Court Agreement") approved by the City Council in Resolution No. 07-182; and Whereas, The Housing Fellowship is the managing partner of Berry Court Limited Partnership, a for -profit entity created by The Housing Fellowship in order to pursue low- income tax credits for an affordable housing project; and Whereas, under the Berry Court Agreement, the City agreed to provide a loan to Berry Court Limited Partnership of $320,000 ("Berry Court Loan") utilizing General Obligation debt to construct eight single-family homes and to rehabilitate two duplexes and two single-family homes as part of low-income tax credit project; and Whereas, the Berry Court Loan is amortized over 20 years with monthly payments, and the balance of the Berry Court Loan is $63,960.92 as of July 9, 2025; and Whereas, because the City has fully retired the General Obligation bond that provided the source of the original loan and in consideration of the continuing affordable housing compliance period and need of Berry Court Limited Partnership to reinvest in the properties, the City is willing to forgive the remaining balance of the Berry Court Loan, and the Berry Court Agreement should be amended accordingly; and Whereas, the attached Amendment to the Berry Court Agreement should be approved. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The attached Amendment to Berry Court Agreement is approved, and the City Manager is authorized to sign the amendment and execute additional amendments thereto as needed. Passed and approved this 5th day of August, 2025. L M Approved by Attest: CA Ci Clerk City Attom 's Office (Sue Dulek - 07/30/2025) Resolution No. 25-178 Page No. 2 It was moved by Alter and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter x Bergus —� Harmsen �— Moe x Salih x Teague x Weilein Moe , that the Dratted by: Susan Dulek, Ass't. City Attnmey.410 E. Washington St..lowa City, IA 52240: 319,356-5030 AMENDMENT to Agreement (referred to herein as the "Berry Court Agreement") WHEREAS, the City of Iowa City ("City") and Berry Court Limited Partnership entered into the Agreement dated June 18, 2007 ("Berry Court Agreement') approved by the City Council in Resolution No. 07-182; WHEREAS, The Housing Fellowship is the managing partner of Berry Court Limited Partnership, a for -profit entity created by The Housing Fellowship in order to pursue low-income tax credits for an affordable housing project; WHEREAS, under the Berry Court Agreement, the City agreed to provide a loan to Berry Court Limited Partnership of $320,000 ("Berry Court Loan") utilizing General Obligation debt to construct eight single-family homes and to rehabilitate two duplexes and two single-family homes as part of low-income tax credit project; WHEREAS, the Berry Court Loan is amortized over 20 years with monthly payments, and the balance of the Berry Court Loan is $63,960.92 as of July 9, 2025; WHEREAS, under the Berry Court Agreement. Berry Court Limited Partnership is required to provide affordable rental housing until June 30, 2037, with rents set at or below the HUD Fair Market Rent for Iowa City and preference to be given to households under 60%median family income; WHEREAS, to secure the Berry Court Agreement, Berry Court Limited Partnership granted the City a mortgage recorded December 28. 2007 in Book 4247, Page 934 in the Office of the Johnson County Recorder; and WHEREAS, because the City has fully retired the General Obligation bond that provided the source of the original loan and in consideration of the continuing affordable housing compliance period and need of Berry Court Limited Partnership to reinvest in the properties, the City is willing to forgive the remaining balance of the Berry Court Loan, and the Berry Court Agreement should be amended accordingly. THE. PARTIES THEREFORE AGREE AS FOLLOWS: I. The City forgives the remaining balance of the Berry Court Loan in full. 2. THE acknowledges and agrees the requirements of Paragraph 3 of the Berry Court Agreement remain in full force and effect, namely Berry Court Limited Partnership will provide affordable rental housing to June 30, 2037, the rents will be set at or below the HUD Fair Market Rent for Iowa City, and preference will be given to households under 60%median family income. 3. The City will record a partial release of the mortgage securing the Berry Court Agreement to release the financial obligations of said agreement at its cost. CITY OF IOWA CITY Geo min, City Manager Date THEE HO�FEL WSHP Simon Andrew, Executive Director 07/25/2025 Item Number: 6.k. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Resolution approving the forgiveness of the remaining balance of a loan to The Housing Fellowship for affordable housing. Prepared By: Susan Dulek, First Ass't City Attorney Reviewed By: Tracy Hightshoe, Neighborhood and Development Services Director Kirk Lehmann, Assistant City Manager Fiscal Impact: Will forego $603,145.65 in CDBG/HOME Program Income and retain $210,784.00 in Housing Authority reserves Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution HOME CDBG Agreement Peninsula Agreement Executive Summary: Under separate, but related, agreements for affordable housing, The Housing Fellowship has a balloon payment due to the City on Aug. 1, and the City has a balloon payment due to The Housing Fellowship on Aug. 1. This resolution approves two agreements whereby the City forgives the balance of The Housing Fellowship loan, and The Housing Fellowship forgives the balance of the City loan. Background / Analysis: The City and The Housing Fellowship ("THF") entered into an agreement for HOME and CDBG Funds in 2001. There is another affordable housing agreement related to the CDBG/HOME Agreement referred to as the Peninsula Agreement. Under the HOME/CDBG Agreement, the City provided THE a loan of $623,467 at 1 % interest for HOME and CDBG funds ("HOME/CDBG Loan") for the construction of affordable housing units with payments due monthly and a balloon payment due the City on August 1, 2025. THE has made monthly payments to the City, and the balance of the HOME/CDBG Loan is $603,145.65. The City and THE entered into the Peninsula Agreement in 2003, to provide, in part, for the purchase by the City from THE a newly constructed 10-unit multi -family building at 1310 Foster Road. The funds the City used to acquire the building included HOME funds THE assigned to the City from the funds THE received under the HOME/CDBG Agreement in the amount of $231,103 at 1% interest with payments due monthly and a balloon payment due to THE on August 1, 2025. The City has made monthly payments to THF, and the balance of the Peninsula Loan is $210,784. Because THE intends to continue to reinvest in the properties and provide affordable housing in the units subject to the HOME/CDBG Agreement after the compliance period expires on Aug. 1, City staff recommends forgiving the loan balance under the HOME/CDBG Agreement if THE forgives the loan balance under the Peninsula Agreement. This resolution approves an agreement in which the City forgives the loan balance THE owes under the HOME/CDBG Agreement and an agreement in which THE forgives the loan balance the City owes under the Peninsula Agreement. Prepared by: Susan Dulek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 Resolution No. ?s-17Q Resolution approving the forgiveness of the remaining balance of a loan to The Housing Fellowship for affordable housing. WHEREAS, the City and The Housing Fellowship ("THF') entered into the Agreement between the City of Iowa City and Greater Iowa City Housing Fellowship for the Use of HOME Investment Partnership and Community Development Block (CDBG) Funds ("HOME/CDBG Agreement") on August 8, 2001, which was amended on August 4, 2003, March 16, 2006, and November 9, 2007; and WHEREAS, there is another affordable housing agreement related to the CDBG/HOME Agreement referred to herein as the Peninsula Agreement; and WHEREAS, under the HOME/CDBG Agreement, the City provided THF a loan of $623,467 at 1 % interest for HOME and CDBG funds ("HOME/CDBG Loan") for the construction of affordable housing units with payments due monthly and a balloon payment due the City on August 1, 2025; and WHEREAS, THF has made monthly payments to the City, and the balance of the HOME/CDBG Loan is $603,145.65; and WHEREAS, the City and THF entered the Peninsula Agreement on September 22, 2003, to provide, in part, the purchase by the City from THF a newly Constructed 10-unit multi -family building ("the building") at 1310 Foster Road, Iowa City, Iowa which was approved by the City Council in Resolution No. 03-298; and WHEREAS, the funds the City used to acquire the building included HOME funds THF assigned to the City from the funds THF received under the HOME/CDBG Agreement in the amount of $231,103 at 1% interest with payments due monthly and a balloon payment due to THF on August 1, 2025 ("Peninsula Loan"); and WHEREAS, the City has made monthly payments to THF, and the balance of the Peninsula Loan is $210,784; and WHEREAS, because the City and THF intend to continue to reinvest in the properties and provide affordable housing in the units subject to the HOME/CDBG Agreement and the Peninsula Agreement after the respective compliance periods expire, they desire to forgive their respective remaining balances of the HOME/CDBG Loan and the Peninsula Loan; and WHEREAS, the attached Termination of the HOME/CDBG Agreement, in which the City forgives the HOME/CDBG Loan balance, and Termination of Peninsula Agreement, in which THF forgives the Peninsula Loan balance, should be approved. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The attached Termination of the HOME/CDBG Agreement and Termination of the Peninsula Agreement are approved, and the City Manager is authorized to execute both agreements. Resolution No. 25-179 Page 2 Passed and approved this 5th day of August, 2025. Approved by Attest: Ci Clerk City Atto ey's Office (Sue Dulek - 07/30/2025) It was moved by Alter , and seconded by Moe that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter x Bergus % Harmsen x Moe Y Salih — Teague _ x Weilein Drafted by: Susan Dulek, Ass'(, City Aaomey. 410 E. Washington St., Iowa City. IA 52240; 319/356-5030 TERMINATION of Agreement between the City of Iowa City and Greater Iowa City Housing Fellowship for the Use of HOME Investment Partnership and Community Development Block (CDBG) Funds (referred to herein as the "HOME/CDBG Agreement") WHEREAS, City of Iowa City ("City") and Greater Iowa City Housing Fellowship, nka The Housing Fellowship ("THF" or "Recipient") entered into the Agreement between the City of Iowa City and Greater Iowa City Housing Fellowship for the Use of HOME Investment Partnership and Community Development Block (CDBG) Funds ("HOME/CDBG Agreement") on August 8, 200I, which was amended on August 4, 2003, March 16, 2006, and November 9, 2007; WHEREAS, there is another affordable housing agreement related to the CDBG/HOME Agreement referred to herein as the Peninsula Agreement; WHEREAS, under the HOME/CDBG Agreement, the City provided THE a loan of $623,467 at I % interest for HOME and CDBG funds ("HOME/CDBG Loan") for the construction of affordable housing units; WHEREAS, the compliance period for the provision of affordable housing expires on August I, 2025; WHEREAS, the terms of the HOME/CDBG Loan require THE to make monthly payments with a balloon payment due on August 1, 2025, which is memorialized in a Promissory Note attached as Exhibit B to the HOME/CDBG Agreement, WHEREAS, THE has made monthly payments to the City, and the balance of the HOME/CDBG Loan is 5603,145.65 on July 9, 2025; WHEREAS, the HOME/CDBG Agreement is not recorded, but the three amendments thereto are recorded in Book 3614, Page 579, in Book 3863, Page 586, and in Book 4235, Page 181 respectively of the Office of the Johnson County Recorder; WHEREAS, the City and THE entered the Peninsula Agreement on September 22. 2003, to provide, in part, the purchase by the City from THE a newly constructed 10-unit multi -family building ("the building") at 1310 Foster Road, Iowa City, Iowa which was approved by the City Council in Resolution No. 03-298 recorded September 30, 2003 in Book 3648, Page 363; WHEREAS, the funds the City used to acquire the building included HOME funds THE assigned to the City from the funds THE received under the HOME/CDBG Agreement in the amount of $231,103 at I % interest with a balloon payment due to THE on August I, 2025 ("Peninsula Loan"); WHEREAS, the City has made monthly payments to THF, and the balance of the Peninsula Loan is $210,784 on July 9, 2025; WHEREAS, the Peninsula Agreement also provided for a loan from the City to THE of $657,000, which THE has paid in full; WHEREAS, to secure the Peninsula Agreement, THE granted the City a mortgage recorded July 5, 2005 in Book 3901, Page 130 in the Office of the Johnson County Recorder; and WHEREAS, in consideration of both parties intending to continue to reinvest in the properties and provide affordable housing in the units subject to the CDBG/HOME Agreement and the Peninsula Agreement after the respective compliance periods expire, the parties desire to forgive the remaining balances of the HOME/CDBG Loan and the Peninsula Loan. THE PARTIES THEREFORE. AGREE AS FOLLOWS: The City forgives the remaining balance of the CDBGiHOME Loan in full. The City and THE release the other parry from any and all liabilities and obligations, including all claims, demands, and causes of action of every nature arising out of the HOMEiCDBG Agreement. 3. The City will record releases of the HOME: CDBG Agreement liens at its cost. CITY OF IOWA CITY THE HOUSING FELLOWSHP eoff in. City Manager Simon Andrew, Executive Director Date 0.���Zf' Date 07/25/2025 Dra fled by: Susan Dudek, Ass't. City Attorney. 410 E. Washington St., Iowa One. IA 52240: 319,356-5030 TERMINATION of Agreement (referred to herein as the "Peninsula Agreement") WHEREAS, City of Iowa City ("City") and Greater Iowa City Housing Fellowship, nka The Housing Fellowship ("THF" or "GICHF") entered into the Agreement on September 22, 2003 ("Peninsula Agreement"); and WHEREAS, there is another affordable housing agreement related to the Peninsula Agreement referred to herein as the HOME/CDBG Agreement WHEREAS, the HOME/CDBG Agreement is the Agreement between the City of Iowa City and Greater Iowa City Housing Fellowship for the Use of HOME Investment Partnership and Community Development Block (CDBG) Funds entered into on August 8, 2001, which was amended on August 4, 2003, March 16, 2006, and November 9. 2007; and WHEREAS, under the HOME CDBG Agreement, the City provided THF a loan of $623,467 at I % interest for HOME and CDBG funds ("HOME/CDBG Loan") for the construction of affordable housing units; WHEREAS, the compliance period for the provision of affordable housing expires on August I, 2025; WHEREAS, the terms of the HOME CDBG Loan require THE to make monthly payments with a balloon payment due on August I, 2025, which is memorialized in a Promissory Note attached as Exhibit B to the HOME/CDBG Agreement; WHEREAS, THE has made monthly payments to the City, and the balance of the HOME/CDBG Loan is $603,145.65 on July 9, 2025; WHEREAS, the HOME/CDBG Agreement is not recorded, but the three amendments thereto are recorded in Book 3614, Page 579, in Book 3863, Page 586, and in Book 4235, Page 181 respectively of the Office of the Johnson County Recorder; WHEREAS, under the Peninsula Agreement the City agreed to purchase from THF a newly constructed 10-unit multi -family building ("the building") at 1310 Foster Road, Iowa City, Iowa which was approved by the City Council in Resolution No. 03-298 recorded September 30, 2003 in Book 3648, Page 363; WHEREAS, the funds the City used to acquire the building included HOME funds THF assigned to the City from the funds THF received under the HOME/CDBG Agreement in the amount of $231,103 at I % interest with a balloon payment due to THE on August 1, 2025 ("Peninsula Loan"); WHEREAS, the City has made monthly payments to the THF, and the balance of the Peninsula Loan is $210,784 on July 9, 2025; WHEREAS, under the Peninsula Agreement, the City provided THE a loan of $657,000. which has been paid in full; WHEREAS, to secure the Peninsula Agreement, THE granted the City a mortgage recorded July 5, 2005 in Book 3901, Page 130 in the Office of the Johnson County Recorder; and WHEREAS, in consideration of both parties intending to continue to provide affordable housing in the units subject to the CDBG/HOME Agreement and the Peninsula Agreement, the parties desire to forgive the remaining balances of the HOME/CDBG Loan and the Peninsula Loan. THE PARTIES THEREFORE AGREE AS FOLLOWS THE forgives the remaining balance of the Peninsula Loan in full. 2. The City and THE release the other party from any and all liabilities and obligations, including all claims, demands, and causes of action of every nature arising out of the Peninsula Agreement. 3. The City will record release of mortgage securing the Peninsula Agreement at its cost. CITY OF IOWA CITY THE HOUSING FELLOWSHP Geoff tin, City Manager Simon Andrew, Executive Director ��S�ZS Dm, 07/25/2025 Item Number: 6.1. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Resolution supporting the submission of an Iowa Economic Development Authority (IEDA) application for State Historic Preservation Tax Credits by 203 N Linn St, LLC. Prepared By: Tracy Hightshoe, Neighborhood and Development Services Director Reviewed By: Kirk Lehmann, Assistant City Manager Fiscal Impact: Previously approved up to $14,000 from 31610900 448070 Economic Development Assistance Funds, contingent on Workforce Housing Tax Credit award. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Developer Request Preliminary Plans Resolution Executive Summary: This resolution of support enables the applicant to seek State Historic Preservation Tax Credits. The project converts 20 boarding rooms into 12-14 studio apartments on the upper two floors of a downtown historic building. This project aims to phase out non -conforming housing in favor of sustainable, code -compliant development. By supporting the tax credit application, the City will be allowing the developer to leverage significant state resources to improve a historic building in downtown Iowa City. Background / Analysis: Peter Byler, Managing Member of 203 N Linn St, LLC (he is also the Managing Member of Rollos Gatos, LLC), is seeking City support for a State Historic Preservation Tax Credit application to rehabilitate the historic mixed -use building at 203 N. Linn St./222 E. Market St. The project will convert 20 outdated boarding rooms —currently without kitchens and with only two shared bathrooms —into modern studio apartments, each with its own kitchen, bathroom, laundry, and geothermal HVAC. Preliminary plans are attached for review. To be eligible for the program, rehabilitation must meet the federal Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. The developer has already received preliminary approval from the City for up to $14,000 through the Workforce Housing Tax Credit Program for this project. The City will provide these funds upon successful award and completion of this program. The developer will also renovate the first floor commercial space to accommodate two new tenants. Their application to add an exterior entrance on Linn St. was approved by the Iowa City Historic Preservation Commission on May 8, 2025. The State Historic Preservation Tax Credit Program offers up to 25% of qualified rehabilitation costs as a state income tax credit. Applications are submitted during set periods and scored by the Iowa Economic Development Authority (IEDA). Large projects are more competitive in their funding round and the applicant can earn extra points with a City resolution of support and/or financial contribution. FROM Tl iE 1 iOME OFFICE OF K� REASONABLE. GOOD. 3o ASHWOOD DR. f IOWA C rY. IA 15-45I PVMRSYLER@GMM1-00M 28 July 2025 Tracy Hightshoe City of Iowa City via email H i Tracy, rm writing to seek a resolution of support from the Iowa City City Council to enable us to seek State Historic Preservation Tax Credits for the redevelopment of 222 E Market St f 203 N Linn St. We are undertaking a major, but sensitive, historical renovation of this building that will take the 20 boarding rooms that share 2 bathrooms and no Idtchens, and convert them into 12 to t4 studio and one -bedroom apartments, each with its own Idtchen, bathroorn, laundry, and efficient heat pump beating and cooling. We will also properly insulate the building and add the required egresses and fire protection systems. After 16a years it's time for reinvestment in this beautiful building. The mission of our company is to provide provide dean, safe, fonc#ionO homes for rent at fair, predictable prices. We purposefully limit the return an our investment to keep rent low. Outside sources of funding, such as Worldorce Housing Tax Credits, State and Federal Historical Preservation Tax Credits, and local matching funds, directly impact rents permanently by decreasing our initial investment in the property, and thus the yearly return. Specifically, this 2.5% tax credit, if granted, would be expected to decrease rents by well over $ioo a month, forever. Thank u for your consideration. Please call me with any questions! ;t&4 Peter Byler M Cam5canner a� L J , O O m +� N .O .— L Ol V O L L 8 L O ra ® In.eeoogn P O „„ fin'.. ill Ineeaegnl O z - 'o I , - 1J z E:� 'I L — - - CLL, o z �3 ®nu z o tr J J n �,,ruz d � c A:am n A: 356 sgfl �A. 355�tt U PROJER NO: 3 1J 202 3035 O LN LL R,Grt ¢ Z ay.'. . Owvr' 'r v. .a-, v�' ,o�¢, ,ew^ ,o,rz', +¢w ,a ux'. . ,e's v„e• , SECOND FLOOR N W PLAN 0 _ 4.1 asp .v _ �: ,•-,°� 'U I,a a>�a sax: 'n a-rc ea nl 7 s Tl r--I p J OL J,.111111 rL J �u { Aar U � a H z O U PROJE-0 *Pln 3 1J 2025 O PVR�GRi LN LL O Z F THIRD FLOOR W PLAN M 0 0 0 4.2 Prepared by Tracy Hightshoe, Nos Director, 410 E. Washington St., Iowa City, IA 52240: 319-356-5244 Resolution No. 75-1 an Resolution supporting the submission of an Iowa Economic Development Authority (IEDA) application for State Historic Preservation Tax Credits by 203 N Linn St, LLC. Whereas, 203 N Linn St, LLC proposes converting 20 boarding rooms into 14 studio apartments and investing $1,400,000 at the property locally known as 203 N. Linn Street and 222 E. Market Street, Iowa City, Iowa; and Whereas, the proposed project will support the City s efforts to facilitate the creation of sustainable, code -compliant housing and commercial space through a sensitive and substantial rehabilitation of a historic building ensuring character -defining features and spaces are retained and by helping to contribute to the revitalization of the surrounding neighborhood; and Whereas, 203 N Linn St, LLC has committed a significant amount of private financing to the project; and Whereas, the City of Iowa City has committed up to $14,000 in local general funds to assist the project upon a successful Workforce Housing Tax Credit award; and Whereas, 203 N Linn St, LLC's application to the State Historic Preservation Tax Credit Program will provide necessary tax credits and other benefits which will directly contribute to the success of the development; and Whereas, the City supports said application to the State Historic Preservation Tax Credit Program by 203 N Linn St, LLC. Now, therefore, be it resolved by the Iowa City City Council that: The City of Iowa City hereby supports the submission of an Iowa Economic Development Authority application to the State Historic Preservation Tax Credit Program by 203 N Linn St, LLC, as referred to in the preamble hereof, for necessary tax credits and other benefits directly contributing to the success of the development at 203 N. Linn Street and 222 E. Markel Street. Passed and approved this sch day of August, 2025. L Mayor Attest: City Clerk Approved By: City Attor y'sOffice (Sue Dulek — 07/3112025) Resolution No. 25-180 Page No. 2 It was moved by Alter , and seconded by 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 Moe .that the Item Number: 6.m. a CITY OF IOWA CITY "QF T-4 COUNCIL ACTION REPORT August 5, 2025 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Iowa City Senior Center Building Automation System (BAS) Project. Prepared By: Ben Clark - Senior Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Kirk Lehmann - Assistant City Manager Fiscal Impact: $389,842.00 available in the Upgrade Building BAS Controls account #R4332. Staff Recommendation: Approval Attachments: Resolution Executive Summary: This agenda item awards the Iowa City Senior Center Building Automation System (BAS) Project. One (1) bid was submitted prior to the July 23, 2025 deadline: Company City, State Total Price Including Alternates Baker Mechanical Inc. Ankeny, IA $389,842 Engineer's Estimate $449,720 Baker Mechanical Inc. of Ankeny, Iowa has submitted the lowest responsive, responsible bid of $389,842. Staff recommends awarding the contract for the Iowa City Senior Center BAS Project for the base bid and all alternates to Baker Mechanical Inc. 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: Construction Start — October 2025 Final Completion — February 2026 �, rvl Preo etl by: Ben Clam, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (31S356-5436 Resolution No. 25-181 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Iowa City Senior Center Building Automation System (BAS) Project Whereas, Baker Mechanical Inc. of Ankeny, Iowa has submitted the lowest responsive, responsible bid of $389,842.00 for construction of the above -named project; and Whereas, the bid includes the base bid and Alternates #1-3; 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 contract for the construction of the above -named project for the base bid plus Alternates # 1-3 is hereby awarded to Baker Mechanical Inc, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign the contract for construction of the above -named project and the Contractor's Bond, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above -named project. Passed and approved this srh day of A„g,,r 12021 Attest: L City Clerk -�'e 1_� Ma�a Approved/ City Atto ys Office (Liz Craig — 07/30/2025) It was moved by Alter and seconded by adopted, and upon roll call there were: Ayes: Nays: Moe Absent: x Alter �— Bergus X Hannsen x Moe X Salih x Teague x Weilein the Resolution be Item Number: 6.n. CITY OF IOWA CITY �l COUNCIL ACTION REPORT August 5, 2025 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Wastewater Treatment Facility Digester Complex Rehabilitation- Phase 1 Project. Prepared By: Ben Clark — Senior Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Kirk Lehmann - Assistant City Manager Fiscal Impact: $32,852,174 available in the Digester Complex Rehabilitation account #V3151 and in the Wastewater Digester Gas Improvements account #V3184. Staff Recommendation: Approval Attachments: Resolution Executive Summary: This agenda item Rehabilitation- Phase deadline: awards the Wastewater Treatment Facility Digester Complex 1 Project. Three (3) bids were submitted prior to the July 15, 2025 Bidder Name City Bid Amount Woodruff Construction, Inc. Waterloo, IA $32,852,174 WRH, Inc. South Amana, IA $32,855,000 Tricon General Construction Cedar Rapids, IA $34,092,449 Engineer's Estimate $28,200,000 Woodruff Construction, Inc. of Waterloo, Iowa has submitted the lowest responsive, responsible bid of $32,852,174. Staff recommends awarding the contract for the Wastewater Treatment Facility Digester Complex Rehabilitation- Phase 1 Project to Woodruff Construction, Inc. Background / Analysis: The City of Iowa City commissioned a facility plan for the Digester Complex in 2021 that evaluated the condition of the existing digester equipment, current digester loadings, gas production, future capacity needs and struvite management alternatives. The facility plan identified improvements that will rehabilitate the existing facility and will allow the production of pipeline quality gas for sale on the renewable fuel market. This project includes replacing the existing tank insulation, tank seals, gas safety equipment, and monitoring instrumentation. It also includes replacing the existing draft tube mixing systems with linear motion mixing systems for estimated annual energy savings of approximately 400,000 kWh or $25,000. Additional improvements include a new sludge screening process, a new chemical storage building and process for struvite management and a new high strength waste receiving and storage facility. The project also includes the installation of equipment to produce and distribute pipeline quality gas to be sold on the renewable fuel market. Project Timeline: Construction Start: September 2025 Final Completion: June 2028 Preparetl by: Ben Clark, Engineering Division, 410 E. Washinglan 51., Iowa City, IA 52240 (319)355-5435 Resolution No. 25-182 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Wastewater Treatment Facility Digester Complex Rehabilitation - Phase 1 Project Whereas, Woodruff Construction, Inc. of Waterloo, Iowa has submitted the lowest responsive, responsible bid of $32,852,174 for construction of the above -named project; and Whereas, funds for this project are available in the Digester Complex Rehabilitation account #V3151 and in the Wastewater Digester Gas Improvements account #V3184. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The contract for the construction of the above -named project is hereby awarded to Woodruff Construction, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above -named project. Passed and approved this 5th day of August , 20 25 Attest : _S � -G klace. City Clerk Mayot Approved by City Attomgi s Office (Liz Craig — 07/30/2025) It was moved by Alter and seconded by adopted, and upon roll call there were: Moe the Resolution be Ayes: Nays: Absent: X Alter X —� Bergus Harmsen Moe Salih X Teague X Weilein Item Number: 6.o. a CITY OF IOWA CITY "QF T-4 COUNCIL ACTION REPORT August 5, 2025 Resolution Approving Final Plat of Western Home GPD Plat 2, a Resubdivision of Western Home GPD, Iowa City, Iowa. (SUB24-0006) Attachments: Final Staff Report 180009-FP 7-23-25_v5-staff approved Resolution STAFF REPORT To: Planning and Zoning Commission Item: SUB24-0006 A Re -Final Plat of Western Home GPD of Iowa City GENERAL INFORMATION: Owner/Applicant: Contact Person: Requested Action: Purpose: Location: Location Map: Size: Existing Land Use and Zoning: Prepared by: Anne Russett, Senior Planner Date: August 5, 2025 Pat O'Leary Western Home Independent Living Services, Inc. 5703 Caraway Lane Cedar Falls, IA 52246 Michael Welch Welch Design and Development 920-475-8060 michael(a)welchdesig ndevelopment.com Steve Long Salida Partners 319-621-3462 steve(o-)_salidaparnters.com Approval of final plat Western Home GPD Plat 2, a resubdivision of Western Home GPD Final Plat Iowa City. The resubdivison was submitted to remove the Camille Court public right-of-way and address changes to easement areas. East of Camp Cardinal Road and north of Gathering Place Lane 31.65 Acres Undeveloped/Vacant Open Space, Medium Density Single Family Residential with a 2 Surrounding Land Use and Zoning Comprehensive Plan: District Plan: Neighborhood Open Space District: File Date: 60 Day Limitation Period BACKGROUND INFORMATION: Planned Development Overlay (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; Low Density Multi -Family with a Planned Development Overlay (OPD/RM-12) Residential, 2-8 Dwelling Units Per Acre None NW1 June 10, 2025 August 5, 2025 The applicant, Western Home Independent Living Services, Inc. is requesting approval of a Western Home GPD Plat 2 (Attachment 1), a resubdivision of the entire previous final plat of Western Home GPD of Iowa City, 31.65 acres located east of Camp Cardinal Road and north of Gathering Place Lane. Since a Final Plat of Western Home GPD of Iowa City was approved (SUB23-0005) the project has changed slightly. Specifically, the resubdivision is needed for the removal of the Camille Court right-of-way, as well as slight modifications to several easement areas. The final plat contains 3 lots and 2 outlots, which is the same as the first plat. The intent is still to allow construction of a senior living community with some minor change in housing types. The proposed project anticipates 31 single-family (originally 35), 8 duplex, 48 multi -family (originally 32), and 20 townhome-style multi -family units, along with an assisted living facility expected to have 32 beds. It may also include small neighborhood commercial uses. There are no changes to the outlots. Outlot A is still intended for mailbox clusters, while Outlot B remains the surrounding area of the temporary turnaround, both of which are to be maintained by the HOA. The final plat continues to show extensions of Deer Creek Road, Camp Cardinal Road, and Gathering Place Lane. There are proposed name changes to streets with this resubdivision. The cul-de-sac is now Timber View Court and the loop street is Wood Dale Court. The applicant previously applied for a boundary line adjustment to allow acquisition of a small portion that was still owned by St. Andrew Presbyterian Church to accommodate construction of a temporary turnaround. The boundary line adjustment was administratively reviewed and approved on 10/11/23. The subject property was rezoned to Medium Density Single -Family Residential with a Planned Development Overlay (OPD/RS-8) on February 7, 2023 (REZ22-0012), subject to the following conditions: a. Prior to issuance of a building permit, Owner shall contribute 50% of the cost of upgrading Camp 3 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. b. In the event Owner desires to construct on -street angled parking, contemporaneous with City approval of construction drawings showing the same, Owner shall execute an agreement in a form approved by the City Attorney obligating the Owner to maintain such spaces. The preliminary Planned Development Overlay Plan and Sensitive Areas Development Plan (SADP) were approved as part of the rezoning. The site contains slopes, woodlands, a stream corridor, and wetlands. The preliminary plat includes elements of the preliminary SADP including the construction area limits to preserve said features and the location of conservation easements. The preliminary plat was approved on April 18, 2023. The final plat of Western Home GPD of Iowa City was approved on January 2, 2025. Subsequent to the final plat being approved the owner went through another rezoning (REZ24- 0008) process to modify the housing types. Specifically, they removed the single-family homes along Camille Court in order to add another 16-unit multi -family building. This rezoning and amendment to the Preliminary Planned Development Overlay Plan was approved on February 4, 2025. The conditions from the previous rezoning were carried forward and the following two conditions were added: a. Prior to issuance of a building permit, a replat of the Western Home GPD subdivision showing the removal of Camille Corut right-of-way and demonstrating consistency with the Preliminary OPD and Sensitive Areas Development Plan must be approved. b. For the area occupied by Building #103, the height increase to 45' shall only apply beyond the first 90' measured perpendicularly from the right-of-way. Within the first 90' from the right-of- way, the maximum building height shall adhere to the standard zoning height limitations for the designated area. At this point the owner is requesting the approval of a new final plat to accommodate the changes to the project. ANALYSIS: The final plat is in general compliance with the subdivision regulations. Legal papers and construction drawings are currently being reviewed by staff. It is anticipated that these documents will be approved prior to the August 5, 2025 Council meeting. Environmentally Sensitive Areas: The Final Sensitive Areas Development Plan (SADP) was approved with the first final plat of Western Home GPD Iowa City. No changes to the sensitive areas development plan or the conservation easement area are proposed with this re -subdivision. 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. Based on the 31.65 acres of RS-8 zoning, the developer would be required to dedicate approximately 1.08 acres to the City or pay a fee in -lieu of land dedication. The applicant has requested to pay a fee in -lieu of a public open space dedication, which is estimated at approximately $140,467 based on a recent appraisal. There is no change in this fee from the first plat. jFj Transportation: Vehicular access is provided through the improvement of Camp Cardinal Road and the extension of Deer Creek Road and Gathering Place Lane. Gathering Place Lane will be extended as an arc that ends in a temporary turnaround stub for future connectivity. The plat also proposes to remove one cul-de-sac (Camille Court). The cul-de-sac at Clara Court will be maintained; however, it will be renamed Timber View Court. The loop street (Timothy Court) will be renamed Wood Dale Court. Camp Cardinal Road, Deer Creek Road, and Gathering Place Lane will intersect at a traffic circle. As a condition of the rezoning, the owner must contribute 50 percent of the cost of upgrading Camp Cardinal Road from Gathering Place Lane to the future extension Deer Creek Road to City local street 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. Stormwater Management, Sanitary Sewer Service, and Water: The re -plat does not make any changes to the stormwater management easement area shown on Lot 2. Sanitary sewer lines will be constructed to serve lots 1, 2, and 3 and tie into existing City services. The property can also be served by water. A looped system will still be required to reduce issues associated with water stagnation and increase firefighting capacity, which was originally approved with Western Home GPD. Infrastructure Fees: Required fees include a water main extension fee of $555.60 per acre for 27.25 acres and a sanitary sewer tap -on fees of $2,017.44 for 13.73 acres and $570.98 per acre for 13.63 acres. The northern and the southern portions of the property are in different subareas and therefore have different tap -on fees. NFXT STFPS- The applicant has already started installation of the infrastructure based on the construction plans approved as part of the first plat Western Home GPD. Once this re -final plat and legal documents are approved the applicant can move forward with site plan and building permit review. The requirement of a maintenance agreement for angled, on -street parking required has been satisfied through the legal documents. Following the installation of infrastructure, the applicant may proceed with site plan and building permit applications. However, prior to issuance of a building permit, the applicant must also pay 50% of the cost of upgrading Camp Cardinal Road to City standards, which is the other condition of rezoning. The approval of this re -final plat satisfies the condition requiring a re -plat. Staff will ensure the condition related to height is met at the site plan stage. STAFF RECOMMENDATION: Staff recommends approval of SUB24-0005, an application submitted by Western Home Independent Living Services, Inc. for a Final Plat for Western Home GPD Part 2 of Iowa City, a re - subdivision of Western Home GPD, a 31.65-acre subdivision containing 3 lots and 2 outlots intended for a senior living community. ATTACHMENTS 1. Final Plat Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services 01 �_0� SEODR ERA.P.99051 EO D1/2"RE BAR VPC#8165 M N 43' 8'08" E TEMPORARY CONSFR UCFI OR 56.69' EASEM ENT FOR CAN P CA RDI RAIL - ROADCONSTRUCFIO� 2 4 N 88°33'20•' �• N 88.4 52" E C cL-3220531 121 m z 40.00' 351.00' 60.00' LOTH a.19 ACRES-�^°='E um DEER CREEK ROAD -1$34S.F. '°a' (60'RONIJ WESTERN HOME GPD PLAT 2 FINAL PLAT A RESUBDIVSION OF WESTERN HOME GPD FINAL PLAT IOWA CITY In HNCnN f nl InITV In%A/A / CL LOT A I l 4.19 ACRES so =�s5e - 193 182,534S.F. Ls en F W njs� L-I50 W --u'Irtllm'�FnBlm! Lx589b ZE ---oo— N88°43'02"E �L9•urlurce�xexr -- � — xeeazn'E .. — uo��rv�w 19 9�. - zaoo EXISTING PRIVATE WATER MAIN Flu HE CORNER LOT 3 3• NW CORNERP.CPARLOT I EASEMENT"B" WESTERN HOMEGPC SF. F O NE PAGES ,'',ell """�bA.FOUND5/a"REBAR VPcm9769 by wuNos/a^KEBAB vacros769 BOOK EN SW CORNER LOTS WESTERN HOME GPD FOUND 1/2" REBAR VPC#18769 ell =I gem T Ib� I ISM I I Iz � g I � I b�s� ��"5®� Il—wvw.P""'wwmiu'mxool�sux�� s lurcuxxex J p ll--- II SFORM MANWATER AGEMENT EASEMENT a III vasaow—i\ / I W iGG1I 4 �WEO� / 3 tia / / L —N 69.26'25" E 119.92' � LEGEND O sEi 3/a"O NVE ovcp198xe • uxos/x•rccxei� R JIN PROP JNE ­IFFING RIGHT OF I -IN LINE Ix I Pf.'aI nPCf'RIPTInN mn i Onxo aovwrsimx xon�E evrunoxEaexEmxom Ix eoox m, rneEue xEsmlrnoxsor xEmm.x� �m'N'9U°'roummm�nxo omm o°`oWpi, iavo FA3MmrsA9xm TR Po. IRFF.Ox. I —UT—E I xxxxm�x«��x x 9xE ImE�mx�m W IxE.MI�:Ix, ^tee o B LOCATION MAP - NOTTO SCALE VIDER x oxyv�x[,xw[R •x9xw�rtc VMFA/SJxDI xu1�YlxuE, u5iN1x1 usaaaw 7/23/2025 5 z �<m 01, X°° OZ 11].gg• r� p°' NE CORNER LOT LEGENE �� WESTERN HOME GPD ®_, ZZP Q O SET 3/l"%PIP OPCn196]6 (£°�✓ FOUNDS/8"REBAR "yL'llN+' m O,s • os/8"vPceN65 SOO'1]'53"W °+�� oat/UNL�'vacaln6s N 00°19'04" E 346.50' &wV 3]2.]4' N88'42'32-E 935.32' 935.86'(R) zn se Z° X�F x xe x.z ox 8'44'26^ E 294.22' +exae z�au \ III glm ssnwwsP6lmm[xr �„� �am�r6 � \� UN 7NW CO R HERLOTl �N - W ESFERN HOME 6PD _ / `\ \ we FOUND 3/4"PI PE OPC#1982£ CL21 �NSERVATION N \1 CONSERVATION ` EASEMENT — — F WAY — — O1 EASEMENT ury E - 'w iN ivzas°w � z s 2saa 1e. Mee \ \ / J% 3 2-035 Eop CL 19. / Bye m f T, 00 aE °er w --.. T, -\ d,Iy75C'I 4.19 N 1 � c �$ • /182 534 S F DETAIL OUTLOT A:NOT TO SCALE �-y� ° w unuameur /ceN 459SQ.FF. �La�" �'' aa`� _ spa r� �L=M V" col J�p cv- c s�l2 ew _2 _ o w LOTA �Nof+sse _---s&� :�'�q ss�rtlunuvx[x��\� L�sslnlurcuxu[x� G 4.19 ACR ES - W 192,534 S. C-2 %1 1n49 SE CORNERA.P. 99051 F. L x_ - %6¢ v w r i & ss 9vnumuvm[x1 J �� FO ND 1/2" REBAR VPC#8165 /sue zaoo $ \ 3•itlT�o 3STORM `� N 43' 8'08" E `g _ WATER C. 56.69' 6.r� MA NAG EM E NT EASE M E NT \ _4� - p SE C3 RNEmREIT�I (/ TEMPORARY GCNSTRU ION < W ��xoio r N _ 00' 395 EASE M E NU FO R CAM P CARDI L 2 1 WESTERN HOME P /�'` I} FOUNDS/8'RE�A IIE 1 e Y I u N 88'43'S2" E C 21 Z 6LEmexr w w 3 w F 3 ��o N 88°334200' 0' • N o� \ m — — t rnamExr — _ ° alsaz < 3'01"E '4o'e 60.00' LTA DEER CREEK ROAD 159.E ozr xeemvz" r �o.z3 �x°5��, —�ACRE�'°' �5O'RCWr aoo +mom' 38843' 182534SF away e'4°e' e x S8W43' 'W 894.25' 7 sore �. — Ppnn6ss ur urcuvm[xr �— °11734 IIy �.�� I — — — — e.a.n.r eooRsl9s was9 x° s. 1'1659"E N 88°43'02" E "o r.= x�^ 951 H EXISTING 20 PRIVATE 19.91L14 11C a°° EXISTING 20 PRIVATE WATER WATER MAIN 4.1LOT Imo+' NW CORNER LOT1 MAIN EASEMENT B N 01°16'58" W d AACRES 1°h6'5�"E ASEMENT A Sr. A. RC PART ONE 140.00' 182,5345F. q p• CL-0e� t BOOK 6459 PAGE 3 s BOOK 6459 PAGE 3 _ _ c qC FOUNDS/8"RE84R VPC#18J69uu eC IFE Z� lob ry - 1+" h� �0;;6""w aE �L— 6 3W 1A'"�Jl 5 66"93'02" W z t 190.00' 02 §� lk,o Prepared by: Anne Russett, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (SUB24-0006) Resolution No. 25-183 Resolution Approving Final Plat of Western Home GPD Plat 2, a Resubdivision of Western Home GPD, Iowa City, Iowa. (SUB24-0006) INCOMPLETE DOCUMENT Prepared by: Anne Russett, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (SUB24-0006) Resolution No. Resolution Approving Final Plat of Western Home GPD Plat 2, a Resubdivision of Western Home GPD, Iowa City, Iowa. (SUB24-0006) Whereas, the owner, Western Home Independent Living Services, Inc. filed with the City Clerk the final plat of Western Home GPD Plat 2, a Resubdivision of Western Home GPD, 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: LOTS 1, 2 AND 3 OF WESTERN HOME GPD, PART ONE AS RECORDED IN BOOK 67, PAGE 196 OF THE JOHNSON COUNTY RECORDER'S OFFICE, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA 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 and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The City shall accept the public improvements and open them for public access upon satisfaction of the terms and conditions stated in the Subdivider's Agreement. 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 Approved by Resolution No. Page 2 Attest: City Clerk It was moved by _ adopted, and upon roll call there were: City Attorney's Office and seconded by Ayes: Nays: Absent: the Resolution be Alter Berg us Harmsen Moe Salih Teague Weilein pcd/te mp I ates/@ BC L@04167C B9. d oc Item Number: 6.p. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Resolution on Unclassified Salary Compensation for Fiscal Year 2026 for the City Manager, City Attorney and City Clerk. Prepared By: Reviewed By: Fiscal Impact: Staff Recommendation: Commission Recommendations Attachments: Resolution Kellie Grace, City Clerk Eric Goers, City Attorney No impact. Wages are approved in the annual operating budget. No recommendation N/A Executive Summary: By contract each Council appointee's salary is automatically increased by the across the board (cost of living) adjustment provided to all other administrative/confidential employees, which is based on that provided to AFSCME employees. The increase on July 6, 2025 is 2.75%. The remaining changes made in this resolution are merit increases based on the appointee's annual performance evaluation by the Mayor. Prepared by: Kellie Grace, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041 Resolution No. 25-184 Resolution on Unclassified Salary Compensation for Fiscal Year 2026 for the City Manager, City Attorney, and City Clerk. Whereas, the City of Iowa City, Iowa, employs the City Manager, City Attorney and City Clerk subject solely to the action of the City Council, referred to as unclassified personnel; and Whereas, it is necessary to establish salary compensation for said unclassified personnel. Now, therefore be it resolved by the City Council of the City of Iowa City, Iowa, that the following positions shall receive as salaries the amounts set forth below, effective July 6, 2025: Salary: City Manager- $259,396.80 City Attorney - $198,536.00 City Clerk - $136,822.40 Passed and approved this 5th day of August , 2025. Ma&o Attest: City Clerk It was moved by Alter and seconded by be adopted, and upon roll call there were: Ayes: Nays: x x x x x x x Approved by City AftomeyA Office - 07/31/2025 Moe the Resolution Absent: Alter Bergus Harmsen Moe Salih Teague Weilein Item Number: 7.a. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Motion setting a public hearing for August 19, 2025 on a resolution on a proposed amendment to change the Comprehensive Plan future land use map from Office Research Development Center to General Commercial, Mixed Use, and Public/Private Open Space for approximately 57 acres of land located south of 1-80 and east of N. Dodge Street. (CPA25-0001) Attachments: 2025-07-016 Staff Report -with Attachments STAFF REPORT To: Planning and Zoning Commission Item: CPA25-0001 GENERAL INFORMATION: Owner/Applicant: Contact Person: Requested Action: Purpose: Location: Location Map: Size: Existing Land Use and Zoning: Prepared by: Anne Russett, Senior Planner Date: July 16, 2025 Jim Bergman Iceberg Development Group, LLC 563-505-5611 jim(a�jnbice.com Steve Long Salida Partners 319-621-3462 stevep_salidapart ners.com To amend the future land use map designations in the Comprehensive Plan from Office Research Development Centers to General Commercial, Mixed Use, and Public/Private Open Space for approximately 57 acres of land. To allow for the redevelopment and development of the former ACT campus and surrounding areas. South of 1-80 and east of N. Dodge Street 57 acres Vacant Land, Vacant Office Buildings (former ACT property), Vacant Home and K Surrounding Land Use and Zoning Comprehensive Plan: File Date: BACKGROUND INFORMATION: Outbuildings; Office Research Park (ORP) Zone, Rural Residential (RR-1) Zone, Low Density Single -Family (RS-5) Zone, Interim Development Single -Family Residential (ID- RS) Zone North: Commercial; Highway Commercial (CH-1) Zone South: Household Living, Low Density Single -Family Residential (RS-5) Zone with a Planned Development Overlay East: Former ACT Campus, Mixed -Use (MU) Zone West: Household Living, Rural Residential (RR-1) Zone Office Research Development Centers June 18, 2025 Iceberg Development Group, LLC (JNB Iowa City, LLC) recently purchased the former ACT campus and surrounding properties. The owner is working with Shive-Hattery to prepare three applications to allow for the redevelopment of the former ACT campus area located at 101 ACT Drive, as well as the development of the property at 2150 N. Dubuque and the redevelopment of the property at 2041 N. Dubuque Rd. The goal is to allow a variety of commercial uses off of N. Dodge Street and a mix of residential and commercial uses along N. Dubuque Rd. Attachment 3 includes the applicant submittal which illustrates the proposed changes to the plan and includes the applicant statement describing the rationale behind the request. The first application to be considered is a Comprehensive Plan Amendment (CPA25-0001). The Comprehensive Plan future land use map suggests this area is appropriate for Office Research Development Centers. This area is not covered by a district plan. The proposed amendment would change the future land use designation for the subject property in the Comprehensive Plan to General Commercial along N. Dodge Street, Mixed Use along N. Dubuque Rd, and some Public/Private Open Space for the area constrained by sensitive features. Updated maps can be found in Attachment 5. The other concurrently submitted applications include two zoning map amendments (REZ24-0013 and REZ25-0008). REZ24-0013 is a request to rezone approximately 22.5 acres of land along N. Dubuque Rd to the Mixed -Use (MU) Zone. REZ25-0008 is a request to rezone approximately 33.64 acres of land along N. Dodge Street to the Community Commercial (CC-2) Zone. The Comprehensive Plan Amendment must be approved prior to changes to the zoning map. The applicant has used the Good Neighbor Policy and held a Good Neighbor Meeting on Tuesday, June 10, 2025. Several neighbors attended. Attachment 3 incudes the application materials and Attachment 4 provides the good neighbor meeting summary report provided by the applicant ANALYSIS: The Iowa City Comprehensive Plan serves as a land -use planning guide by illustrating and describing the location and configuration of appropriate land uses throughout the City, providing 3 notification to the public regarding intended uses of land; and illustrating the long-range growth area limit for the City. Applicants may request an amendment to the City's Comprehensive Plan with City Council approval after a recommendation by the Planning and Zoning Commission. Applicants for a comprehensive plan amendment must provide evidence that the request meets the two approval criteria specified in Section 14-8D-3D. The comments of the applicant are found in the attachments. Staff comments on the criteria are as follows. 1.Circumstances have changed and/or additional information or factors have come to light such that the proposed amendment is in the public interest. The former ACT campus and the surrounding area are identified as appropriate for the development of office research parks in the IC2030 Comprehensive Plan, which was adopted in 2013. Over the past twelve years circumstances have changed substantially in regard to office parks. For a while there was a resurgence in firms wanting to locate within downtowns, which offer multiple amenities and a vibrant environment for employees. During and after the Covid-19 pandemic there was an increase in office vacancies and an increase in the number of office workers working from home. Specific to this location is the sale of the ACT property, which once functioned as a significant employment center. Based on data provided by the applicant, during its peak ACT employed 1,200 people in 352,650 square feet of space on the former ACT campus. Over the years they maintained an average of around 900 employees. Today, there are 75 employees within 53,871 square feet of office space. The proposed amendment would allow for the redevelopment of the ACT campus, as well as development of the surrounding area along N. Dubuque Rd. It would allow for commercial development along a major thoroughfare with easy access to I-80. It would also allow for more residential development. The Mixed Use land use designation and associated Mixed Use Zone would allow for a variety of housing types including single-family, two-family, and multi -family uses. More housing is needed within the community and with this amendment a variety of housing types would be allowed with convenience access to commercial uses and transit. Based on these factors, the proposed amendment is in the public interest and will help to address these changing circumstances. 2.The proposed amendment will be compatible with other policies or provisions of the comprehensive plan, including any district plans or other amendments thereto. At the time the IC2030 Comprehensive Plan was originally adopted in 2013 ACT was fully operational on the subject property. The adopted policy vision of the time aligned with the existing land use. Although there is no land use vision within the Northeast District Plan for the subject property, the text of the plan states the following: "Office uses could serve as a buffer between the interstate and residential areas. The current zoning map shows approximately 275 acres of office research park zoning adjacent to the interstate. Given the past rate of development of such uses, this amount of land devoted to office uses may be unrealistic. Alternative uses, such as residential or the buffer area uses mentioned above (i.e. public and private recreational uses and warehousing), should be considered in this area." (p. 18) In short, the designation of so much land as office research park appears to have been unrealistic even when it was adopted in 2013. Due to the further decline of office uses in the area — not only ACT, but the closing and sale of Pearsons — the likelihood of office research centers has even further declined. Furthermore, the proposed amendment meets several goals and strategies regarding land use and housing from the Comprehensive Plan. This includes the following: CI Land Use Goals & Strategies: • Encourage compact, efficient development that is contiguous and connected to existing neighborhoods to reduce the cost of extending infrastructure and services and to preserve farmland and open space at the edge of the city. o Identify areas and properties that are appropriate for infill development. o Ensure that infill development is compatible and complementary to the surrounding neighborhood. Plan for commercial development in defined commercial nodes, including small-scale neighborhood commercial centers. o Discourage linear strip commercial development that discourages walking and biking and does not contribute to the development of compact, urban neighborhoods. o Provide for appropriate transitions between high and low -density development and between commercial areas and residential zones. Housing Goals & Strategies: • Encourage a diversity of housing options in all neighborhoods. o Ensure a mix of housing types within each neighborhood, to provide options for households of all types (singles, families, retirees, etc.) and people of all incomes. o Identify and support infill development and redevelopment opportunities in areas where services and infrastructure are already in place. o Concentrate new development in areas contiguous to existing neighborhoods where it is most cost effective to extend infrastructure and services. For the reasons above, staff finds the requested comprehensive plan amendment to be compatible with the policies of the Comprehensive Plan so long as appropriate conditions are placed on the rezonings (REZ24-0013 and REZ25-0008). STAFF RECOMMENDATION: Staff recommends approval of CPA25-0001, a change to the future land use designation of the IC2030 Comprehensive Plan for approximately 57 acres of property located south of 1-80 and east of N. Dodge Street from Office Research Development Centers to General Commercial, Mixed Use, and Public/Private Open Space. NEXT STEPS After a recommendation from the Planning and Zoning Commission, the following will occur: • City Council will need to set a public hearing for both the comprehensive plan amendment and rezoning applications. • City Council will consider approval of the comprehensive plan amendment (CPA23-0001) and must hold three readings including the public hearing for the rezonings (REZ24-0013 and REZ25-0008). ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Applicant Submittal 4. Good Neighbor Meeting Summary Approved by: I ) . Dananere Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services ATTACHMENT 1 Location Map ATTACHMENT 2 Zoning Map ATTACHMENT 3 Applicant Submittal SH IVEHATTERY A R C H I T E C T U R E+ E N G I N E E R I N G May 28, 2025 City of Iowa City Neighborhood & Development Services Iowa City Planning & Zoning Commission RE: Comprehensive Plan Amendment Applicant Statement To Whom It May Concern, On behalf of the owner, JNB Iowa City, LLC, a Comprehensive Plan amendment request is respectfully submitted as shown in the provided Comprehensive Plan Amendment Exhibit. The 57 acres highlighted for the amendment to the Iowa City Comprehensive Plan (Northeast Planning District) is currently identified as Office Research Park and located in the Bluffwood Neighborhood. The proposed area was once home to over 900 employees in multiple 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, the industry has changed, and ACT has sold the property for redevelopment. As an arterial street, Dodge Street/Highway 1 is one of two entrances to Iowa City from the north, is a major connector to our neighboring communities, has direct access to 1-80, and is an important gateway to Iowa City residents in the North and Northeast Districts. Scott Blvd is also an arterial street and connects the east side of Iowa City to the north side and to Dodge Street/Highway 1 and 1-80. Because the 57 acres are adjacent to the two arterials and to 1-80, this area is appropriate for mixed -use and commercial highway use. A mix of commercial, residential, and mixed -use development best serves the City at this location. This new commercial highway and mixed use area is accessible for not only vehicles, but it is also walkable and bikeable to the existing homes, senior communities, and office users and will also function as a neighborhood center. A lot of the natural features will be preserved which allows commercial, mixed -use, and residential uses to be organized around the district's existing environmentally sensitive features and use them as amenities. The following principles from the existing Comprehensive Plan for this area apply. • Preserve Natural Features • Provide Pedestrian/ Bicyclist Connections • Build Streets that Enhance Neighborhood Quality • Encourage a reasonable level of Housing Diversity • Enhance Neighborhood Parks (utilize natural areas as buffers) • Plan for Commercial Areas to Function as Neighborhood Centers This comprehensive plan amendment for the western portion of this 400-acre property will add to the recent commercial and residential development in the Bluffwood Neighborhood and create a commercial district that will connect and support existing and new Iowa City residents emphasizing the natural environment. The plan amendment aligns with the existing Comprehensive Plan principles, emphasizing the preservation of natural features, pedestrian connections, and housing diversity and adds mixed -use and commercial development to support the neighboring residents as well as local commuters and visitors. This comprehensive plan amendment is positioned to support the ongoing development in the Bluffwood Neighborhood SHIVE-HATTERY, INC. Charles "Nick" Hatz 11, PE Principal, Civil Engineer Project 2240009880 800.798.0313 1 shive-hattery.com ATTACHMENT 4 Good Neighbor Meeting Summary i r Summary Report for * - , —4 Good Neighbor Meeting CITY OF IOWA CITY Project Name: ACT West Campus Project Location: 2041 N Dubuque Rd Meeting Date and Time: 6/10 4-6 p.m. Meeting Location: Ferguson Center (200 Act Dr, Iowa City, IA 52243) Names of Applicant Representatives attending: Steve Long, Mark Seabold, Mike Welch Travis Wright Names of City Staff Representatives attending: Anne Russett Number of Neighbors Attending: 20 Sign -In Attached? Yes No x General Comments received regarding project (attach additional sheets if necessary) - Residents would like to see a restaurant in the Ferguson Center and more services in general. Neighbors supported the idea of ACT Dr connecting into Dodge St. Neighbors liked the idea of commercial along Dodge St with a pedestrian connection to Oaknoll. The idea of more housing and a mix of uses nearby was well received. Concerns expressed regarding project (attach additional sheets if necessary) - Concerns about traffic on N. Scott Blvd. Indicate the left turn out of Oakknoll onto N. Scott is difficult. Want to know if there would be a second connection to the Oakknoll east property so they could avoid N. Scott. Wanted a pedestrian connection from Oakknoll East to the ACT campus. They currently cut through the ICCSD property but, worry that could be taken away in the future. Neighbors prefer to see housing only along Scott Blvd, but fine with senior facility that includes a cafe/coffee shop that is open to the public. Concern about about removal of trees/open space that neighbors often use for walking. Will there be any changes made to the proposal based on this input? If so, describe: No changes intended based on comments from Neighbors. Staff Representative Comments Item Number: 7.b. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Motion setting a public hearing for August 19, 2025 on an ordinance conditionally rezoning approximately 22.5 acres of land located east of N. Scott Blvd. on N. Dubuque Rd. from Rural Residential (RR-1) zone, Low Density Single -Family Residential (RS-5) zone, RS-5 with a Planned Development Overlay, Research Development Park (RDP) zone, and Interim Development Single -Family Residential (ID-RS) zone to Mixed Use (MU) zone. (REZ24-0013) Attachments: REZ24-0013 Staff Report-w-attachments STAFF REPORT To: Planning and Zoning Commission Item: REZ24-0013 GENERAL INFORMATION: Owner/Applicant: Contact Person: Requested Action: Purpose: Location: Location Map: Prepared by: Anne Russett, Senior Planner Date: July 16, 2025 JNB Iowa City, LLC Jim Bergman Iceberg Development Group, LLC 563-505-5611 jim(a�jnbice.com Steve Long Salida Partners 319-621-3462 steve(o)salidapart ners.com Rezoning to Mixed Use (MU) zone for approximately 22.5 acres. To allow for the redevelopment and development of land surrounding the former ACT campus. East of N. Scott Blvd. along N. Dubuque Rd. V K Size: 22.5 acres Existing Land Use and Zoning: Vacant Land, Vacant Home and Outbuildings; Rural Residential (RR-1) Zone, Low Density Single -Family Residential (RS- 5) Zone, RS-5 with a Planned Development Overlay, Research Development Park (RDP) Zone, Interim Development Single - Family Residential (ID-RS) Zone Surrounding Land Use and Zoning: North: Household Living, Rural Residential (RR-1) zone South: Household Living, Low Density Single -Family Residential (RS-5) Zone with a Planned Development Overlay East: ICCSD Offices, Neighborhood Public (P-1) zone; Household Living, Low Density Multi -Family (RM-12) zone with a Planned Development Overlay West: City of Iowa City Fire Department, P-1; RM-12 and CC-2 with a Planned Development Overlay Comprehensive Plan: Office Research Development Centers, Pending plan amendment (CPA25-0001) District Plan: Northeast District Plan Public Meeting Notification: Property owners and residents within 500' of the property received notification of the Planning and Zoning Commission public meeting. File Date: June 18, 2025 45 Day Limitation Period: August 3, 2025 BACKGROUND INFORMATION: Iceberg Development Group, LLC (JNB Iowa City, LLC) recently purchased the former ACT campus and surrounding properties. The owner is working with Shive-Hattery to prepare three applications to allow for the redevelopment of the former ACT campus area located at 101 ACT Drive, as well as the development of the property at 2150 N. Dubuque and the redevelopment of the property at 2041 N. Dubuque Rd. The goal is to allow a variety of commercial uses off of N. Dodge Street and a mix of residential and commercial uses along N. Dubuque Rd. Attachment 3 includes the applicant submittal which illustrates the proposed changes to the zoning map and includes the applicant statement describing the rationale behind the request. The first application to be considered is a Comprehensive Plan Amendment (CPA25-0001). The Comprehensive Plan future land use map suggests this area is appropriate for Office Research Development Centers. This area is not included on the Northeast District Plan's future land use 3 map. The proposed amendment would change the future land use designation for the subject property in the Comprehensive Plan to General Commercial along N. Dodge Street, Mixed Use along N. Dubuque Rd, and some Public/Private Open Space for the area constrained by sensitive features. The other concurrently submitted applications include two zoning map amendments (REZ24-0013 and REZ25-0008). This rezoning (REZ24-0013) is a request to rezone approximately 22.5 acres of land along N. Dubuque Rd to the Mixed -Use (MU) Zone. REZ25-0008 is a request to rezone approximately 33.64 acres of land along N. Dodge Street to the Community Commercial (CC-2) Zone. The Comprehensive Plan Amendment must be approved prior to changes to the zoning map. The applicant has used the Good Neighbor Policy and held a Good Neighbor Meeting on Tuesday, June 10, 2025. Several neighbors attended. Attachment 3 incudes the application materials and Attachment 4 provides the good neighbor meeting summary report provided by the applicant ANALYSIS: Current Zoning: The subject property is currently zoned several different zoning classifications: Rural Residential (RR-1) Zone, Low Density Single -Family Residential (RS-5) Zone, RS-5 with a Planned Development Overlay, Research Development Park (RDP), and Interim Development Single -Family Residential (ID-RS) Zone. Below is a general description of these zones: Zone Intent Rural Residential (RR-1) Provide a rural residential character for areas that are not projected to have the utilities necessary for urban development in the foreseeable future or for areas that have sensitive environmental features that preclude development at urban densities. Low Density Single -Family Provide housing opportunities for individual households and Residential (RS-5) provide some flexibility for a variety of household types. This zone also allows for some nonresidential uses that contribute to the livability of residential neighborhoods, such as parks, schools, religious institutions, and daycare facilities. RS-5 with a Planned Planned Development Overlays can be needed due to Development Overlay sensitive features or the provision of a variety of house types. Research Development Park Provide areas for the development of office, research, (RDP) production or assembly firms and other complementary uses. Office and research uses should predominate in the zone. Hotels, motels and similar uses should be located along the periphery of the zone or in locations that do not adversely affect the setting and quality of other development for the uses permitted in the zone. Interim Development Single- Provide for areas of managed growth in which agricultural and Family Residential (ID-RS) other nonurban uses of land may continue until such time as the city is able to provide city services and urban development can occur. Upon provision of city services, the city or the property owner may initiate rezoning to zones consistent with the comprehensive plan, as amended. 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. CI 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 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 rezonings: 1. Consistency with the comprehensive plan; 2. Compatibility with the existing neighborhood character. Compliance with Comprehensive Plan: The future land use map of the IC2030 Comprehensive Plan identifies this area as appropriate for Office Research Development Centers. Although the subject property is within the boundary of the Northeast District Plan the subject property is not 9 included on the future land use map. Concurrent with this rezoning, the owner has requested an amendment to the land use policy direction to show this area as appropriate for the Mixed Use land use category. The comprehensive plan currently includes goals and strategies that align with the proposed rezoning. Land Use Goals & Strategies: Encourage compact, efficient development that is contiguous and connected to existing neighborhoods to reduce the cost of extending infrastructure and services and to preserve farmland and open space at the edge of the city. o Identify areas and properties that are appropriate for infill development. o Ensure that infill development is compatible and complementary to the surrounding neighborhood. Plan for commercial development in defined commercial nodes, including small-scale neighborhood commercial centers. o Discourage linear strip commercial development that discourages walking and biking and does not contribute to the development of compact, urban neighborhoods. o Provide for appropriate transitions between high and low -density development and between commercial areas and residential zones. Housing Goals & Strategies: • Encourage a diversity of housing options in all neighborhoods. o Ensure a mix of housing types within each neighborhood, to provide options for households of all types (singles, families, retirees, etc.) and people of all incomes. o Identify and support infill development and redevelopment opportunities in areas where services and infrastructure are already in place. o Concentrate new development in areas contiguous to existing neighborhoods where it is most cost effective to extend infrastructure and services. For the reasons above, staff finds the requested rezoning to be consistent with the comprehensive plan amendment and also compatible with the policies of the comprehensive plan. Compatibility with Existing Neighborhood Character: The subject property is surrounded by a diversity of land uses. Specifically, the subject property is bordered by single-family homes to the north. To the east is the former ACT campus and an administration building for the Iowa City Community School District. To the southeast are three multi -family buildings that make up Oaknoll East. To the west and across the N. Scott Blvd right-of-way is single-family and future attached single-family. The N. Dodge Street fire station is located to the west. Staff is recommending two conditions to ensure compatibility with the existing neighborhood character. First, any commercial use that abut residential zones must include a 30' landscaped buffer strip that are landscaped with a mix of deciduous and evergreen trees that are at least 30' upon maturity. The landscaping plan will need to be reviewed and approved by the City Forester. Second, any commercial development will require full cut off light fixtures. Considering the uses that are allowed within the MU zone and the range of uses that currently surround the subject property, staff finds that with the proposed conditions the proposed rezoning will be compatible with the existing neighborhood character. Transportation and Access and Utilities: The subject property is accessed from N. Dubuque Rd. As part of the rezoning, staff requested a traffic study. Attachment 5 includes the traffic study's executive summary. C01 The study determined that the existing lane configuration and stop control at the Dodge Street and ACT Circle Lane (study intersection #5) intersection will not provide an acceptable LOS through the 2047 buildout design year scenario. Therefore, the proposed lane configuration and signalized control presented in the figure below is recommended. The study determined that the existing lane configuration and stop control at the N. Scott Blvd. and N. Dubuque Rd. intersection will not provide an acceptable level of service (LOS) through the 2047 buildout design year scenario. However, the LOS issue is limited to the Scooter's Coffee access and is anticipated to arise regardless if the development is built or not. Additionally, the unacceptable LOS is only anticipated to occur for approximately 30 to 45 minutes during the AM peak hour. The City Engineer has reviewed the traffic study as is satisfied with the results. No improvements beyond those discussed below are recommended. 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 established through the subdivision process. Staff is also recommending a condition that prior to final plat approval, the owner must submit construction drawings demonstrating that N. Dubuque Rd. between N. Scott Blvd. and ACT Dr. meets City standards for a 28-foot wide street with curb and gutter and sidewalks. Drawings shall be reviewed and approved by the City Engineer. Installation of improvements shall be required prior to issuance of a building permit. Regarding other utilities, staff needs more information about the existing sanitary sewer in the area. Therefore, staff is recommending a condition that a flow study be prepared for the full length of the North Branch of the Northeast Trunk sewer to its point of connection with the North Branch Dam Trunk Sewer. If any of the existing sections of the North Branch of the Northeast Trunk sewer do not have the capacity to support the full buildout of the area being rezoned, upgrades will need to be made and accepted by the City prior to the issuance of any building permits. STAFF RECOMMENDATION: Staff recommends approval of REZ24-0013, a request to rezone approximately 22.5 acres of land along N. Dubuque Rd. east of N. Scott Blvd. to Mixed Use (MU) zone subject to the following conditions: 1. Prior to issuance of any building permits, the subject area shall go through the subdivision process and obtain approval of a preliminary and final plat. 2. Prior to final plat approval, submission of construction drawings demonstrating that N. Dubuque Rd. between N. Scott Blvd. and ACT Dr. meets City standards for a 28-foot wide street with curb and gutter and sidewalks. Drawings shall be reviewed and approved by the City Engineer. Installation of improvements shall be required prior to issuance of a building permit. 3. Prior to final plat approval, a flow study shall be prepared for the full length of the North Branch of the Northeast Trunk sewer to its point of connection with the North Branch Dam Trunk Sewer. If any of the existing sections of the North Branch of the Northeast Trunk sewer do not have the capacity to support the full buildout of the area being rezoned, upgrades will need to be made and accepted by the City prior to the issuance of any building permits. 4. Prior to site plan approval, any commercial use that abuts residential zones must include landscaped buffer strips that do not allow any development. These strips shall be located on the commercial property, shall be 30' wide, shall be located in areas that abut residential zones, and shall be landscaped according to the plan that is approved by the VA City Forester. The landscaping plan shall meet the S3 standards and include a mixture of deciduous and evergreen trees that will be at least 30' tall upon maturity. 5. Commercial development shall require full cut off light fixtures (i.e. no light shall be emitted above 90 degrees). NEXT STEPS: After a recommendation from the Planning and Zoning Commission, the following will occur: • City Council will need to set a public hearing for both the comprehensive plan amendment and rezoning applications. • City Council will consider approval of the comprehensive plan amendment (CPA23-0001) and must hold three readings including the public hearing for the rezonings (REZ24-0013 and REZ25-0008). ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Applicant Submittal 4. Good Neighbor Meeting Summary 5. Traffic Study Executive Summary Approved by: Dance a Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services ATTACHMENT 1 Location Map ATTACHMENT 2 Zoning Map 1r , ��III� .a . „■,®mil CITY OF IOWA CITY RSS ti 46 49 4� a 10, An application submitted by ACT, Inc. to rezone approximately 22.5 acres of land span on both side of N Dubuque Road, east of N Scott Blvd. The applicant requested to rezone the land north of N Dubuque Road from Rural Residential (RR1), south of N Dubuque Road and east of N Scott Blvd from Low Density Single -Family Residential (RS-5), Interim Development Single - Family Residential (ID-RS) and Research Development Park (RDP) to Mixed -Use (MU). ATTACHMENT 3 Applicant Submittal SH IVEHATTERY A R C H I T E C T U R E+ E N G I N E E R I N G May 21, 2025 City of Iowa City Neighborhood & Development Services Iowa City Planning & Zoning Commission RE: Rezoning Applicant Statement To Whom It May Concern, On behalf of the current Ownership JNB Iowa City, LLC a rezoning request is respectfully submitted as shown in the provided Rezoning Exhibit. The 22.5 acres highlighted for the rezoning are part of the approximately 400-acre ACT campus which was once home to over 900 employees in multiple office buildings. Post Covid the campus has changed dramatically due to remote work policies and last month Intermediary Ed sold the 400 acres to JNB Iowa City, LLC and JNB Campus, LLC. Just one building is currently occupied and the rest of campus is beautiful, but vacant. There are a variety of zoning classifications in the existing 400-acre site. They include Rural Residential (RR-1), Low Density Single -Family Residential (RS-5), Interim Development Single -Family Residential (ID-RS), and Research Development Park (RDP). The Interim Development zones 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 for the identified 22.5 acres. The MU designation blends well with the surrounding uses, such as the Iowa City Community School District Center for Innovation, the Iowa City Fire Station, Oaknoll East Retirement Community, and the existing single family residential and light commercial along Scott Boulevard. MU zoning will allow flexibility to provide a potential blend of residential units and supportive retail to this area of Iowa City. The identified parcels are adjacent to North Scott Boulevard and North Dubuque Rd, and near North 1 st Avenue, Highway 1, and Interstate 80. The MU zoning designation facilitates a transition from potential future commercial development along Dodge Street/Highway 1 to the lower -scale residential envisioned to the east. The Mixed -Use (MU) zoning also allows for walkable/bikeable destinations for residents including from future development along Dodge Street/Highway 1 through to the residential areas created to the east which support the city's sustainability goals. In addition, rezoning this portion of the former ACT property 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 REZONING EXHIBIT FROM INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (ID-RS) / RURAL RESIDENTIAL (RR1) / LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS5) / RESEARCH DEVELOPMENT PARK(RDP) TO MIXED USE (MU) IOWA CITY, IOWA o-va zoxixo ,as,. oaoEao `� II, �' l�o.oaoEao II �� %x>.xYx >rxYx� <:�Yxrx LOCATION MAP NDUBUQUE RD -- 0 Z ,= � N EvensEoaur or suv+EvvEcovo Eo ix eoouae. awoE,aa. Y � O aaacEur vEcovos or,oxxsox muxrv.ioww ,y oa.t ao. s;o.r �o ,I -----� z� I II I I II II II `I II II I -------- — 6°OTT B�VD —�' II i i� i m W EX1 1 ATTACHMENT 4 Good Neighbor Meeting Summary i r Summary Report for * - , —4 Good Neighbor Meeting CITY OF IOWA CITY Project Name: ACT West Campus Project Location: 2041 N Dubuque Rd Meeting Date and Time: 6/10 4-6 p.m. Meeting Location: Ferguson Center (200 Act Dr, Iowa City, IA 52243) Names of Applicant Representatives attending: Steve Long, Mark Seabold, Mike Welch Travis Wright Names of City Staff Representatives attending: Anne Russett Number of Neighbors Attending: 20 Sign -In Attached? Yes No x General Comments received regarding project (attach additional sheets if necessary) - Residents would like to see a restaurant in the Ferguson Center and more services in general. Neighbors supported the idea of ACT Dr connecting into Dodge St. Neighbors liked the idea of commercial along Dodge St with a pedestrian connection to Oaknoll. The idea of more housing and a mix of uses nearby was well received. Concerns expressed regarding project (attach additional sheets if necessary) - Concerns about traffic on N. Scott Blvd. Indicate the left turn out of Oakknoll onto N. Scott is difficult. Want to know if there would be a second connection to the Oakknoll east property so they could avoid N. Scott. Wanted a pedestrian connection from Oakknoll East to the ACT campus. They currently cut through the ICCSD property but, worry that could be taken away in the future. Neighbors prefer to see housing only along Scott Blvd, but fine with senior facility that includes a cafe/coffee shop that is open to the public. Concern about about removal of trees/open space that neighbors often use for walking. Will there be any changes made to the proposal based on this input? If so, describe: No changes intended based on comments from Neighbors. Staff Representative Comments ATTACHMENT 5 Traffic Study Executive Summary Traffic Impact Study: Iceberg Development Group Iowa City, Iowa July 1, 2025 %11111111111 I HEREBY CERTIFY THAT THIS ENGINEERING DOCUMENT 41}I/ WAS PREPARED BY ME OR UNDER MY DIRECT PERSONAL �tttt ()�F-Sslo/v � SUPERVISION AND THAT I AM A DULY LICENSED �� • . PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF IOWA. Q - r y ;. ERIC J m : 07/01/2025 J MUNCHEL = SIGNATURE DATE 19/42 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 //t/111111111i0 Prepared for: Iceberg Development Group Prepared by: SH1VEHATTERY A R C H I T E C T U R E+ E N G I N E E R I N G 222 V Avenue SE, Suite 300 Cedar Rapids, IA 52401 (319) 364-0227 Fxecutive Summary The Iceberg Development Group initiated this traffic impact study to identify potential traffic impacts on the adjacent roadway network due to their proposed multipurpose land use development, which will be located on the former ACT Campus in Iowa City, IA. The study area west of the black delineated line in the figure below is the focus of the proposed traffic study. This study builds on the previous study submitted for the rezoning of the 48 acres noted at Area 1.1 through 1.4 in the figure below. Five access points are proposed, with two on Scott Boulevard and two on Dodge Street (Highway 1), and one on 1st Avenue. These access points will be full access points with no turning movement restrictions, except for a right-in/right-out access point on Dodge Street (Highway 1) north of ACT Circle. Existing, opening, and design analysis years are assumed to be 2025, 2027, and 2047, 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) Study Intersection #4 — Scott Boulevard & Hickory Heights Lane Study Intersection #5 — Dodge Street & ACT Circle Study Intersection #6 — Dodge Street & 1-80 EB Off -Ramp Study Intersection #7 — Dodge Street & 1-80 WB Off -Ramp Study Intersection #8 — Dodge Street & Access Point Study Intersection #9 — 1st Avenue & Access Point The above list assigns each study intersection with a numberthat 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. Weekday turning movement volumes were collected at the study intersections in mid and late 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 #6. Study intersection #6 governs 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. 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. 2240009880 1 July 1, 2025 SHIVEHATTC-RY A R C H I T E C T II R E+ E N G I N E E R I N G Page 4 of 53 Figure ES1 Annual Growth Rates These 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. The Iowa Crash Analysis Tool (ICAT) website administered by Iowa DOT was used to collect available crash data at the existing (study intersection #8 is not an existing intersection) study intersections for the ten-year period between January 1, 2015 and December 31, 2024. Over this period a total of 224 crashes were reported at the existing study intersections. The Iowa DOT Potential for Crash Reduction (PCR) analysis was also reviewed at the existing study intersections. Study intersection #1 (Dodge Street and Scott Boulevard had a medium PCR level. Study intersection #5 did not have a PCR classification. All other study intersections (study intersection #2, #3, #4, #6, and #7) had a negligible PCR classification. Safety improvements are not recommended at the study intersections based on the crash analysis presented above. The development will increase traffic volumes at the study intersections. However, the potential for increased crash frequencies is not anticipated. 2240009880 1 July 1, 2025 SHIVEHATTC-RY A RL}EITEC I U R E + E N G I N E ER I NG Page 5 of 53 Iowa City Transit provides public transportation in the study area. Figure 10 identifies the North Dodge route (Route 7), which passes through the study area. The Metropolitan Planning Organization of Johnson County (MPOCJC) Future Forward 2045 Long Range Transportation Plan identifies "Wide Sidewalk/Pathways" within the study area that extend along Dodge Street, Scott Boulevard, and 1 st Avenue. Sidewalks extend along the study roadways, except Interstate 80. The analysis presented herein indicates the study intersection's LOS indices will operate at acceptable levels during the AM and PM peak hour conditions through the 2047 buildout design year scenario, except for study intersections #2 and #5. Additionally, it should also be noted there is an existing queueing issue on the northbound approach at study intersection #1. Based on the analysis presented herein, the northbound approach queue is an existing issue and is anticipated to get worse under all future scenarios at study intersection #1. However, the proposed lane configuration with an additional northbound right -turn bay (presented with Table 20) is anticipated to mitigate the queueing issue and should be considered. Based on the analysis presented herein, 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 2047 buildout design year scenario. However, the LOS issue is anticipated to arise regardless if the development is built or not. Additionally, the unacceptable LOS is only anticipated to occur for approximately 30 to 45 minutes during the AM peak hour. Based on the analysis presented herein, the existing lane configuration and stop control at the Dodge Street and ACT Circle Lane (study intersection #5) intersection will not provide an acceptable LOS through the 2047 buildout design year scenario. Therefore, the proposed lane configuration and signalized control presented in the figure below is recommended. The figure below presents the recommended lane configuration and control at the study intersections, which is anticipated to provide an acceptable LOS through the 2047 buildout design year scenario. The changes/improvements to the study intersections are delineated with red ovals in the figure below. 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, with the exception of the northbound approach at study intersection #1. Operational analysis worksheets are contained in Appendix 4. At Intersection #8, it should be reiterated from the assumptions listed in the report that for the purposes of the analysis presented herein, 0 inbound/outbound trips are assumed to use the proposed RIRO access point (study intersection #8). If this access point is not approved it the surrounding intersections would still operate at an acceptable LOS. If this access point is approved, it is anticipated to attract some trips away from study intersection #5 and thereby reduce the vehicle delay reported herein at study intersection #5. 2240009880 1 July 1, 2025 SHIVEHATTC-RY A R C H I T E C T II R E+ E N G I N E E R I N G Page 6 of 53 Figure ES2 Study Intersections — 2027 Recommended Buildout Lane Configuration & Control A `v ' O� Om cce" Point 2240009880 1 July 1, 2025 SHIVEHATTC-RY A R C H I T E C T II R E+ E N G I N E E R I N G Item Number: 7.c. a CITY OF IOWA CITY "QF T-4 COUNCIL ACTION REPORT August 5, 2025 Motion setting a public hearing for August 19, 2025 on an ordinance conditionally rezoning approximately 33.64 acres of land located east of N. Dodge St. and south of 1-80 from Office Research Park (ORP) zone to Community Commercial (CC-2) zone. (REZ25-0008) Attachments: REZ25-0008 Staff Report-w-attachments STAFF REPORT To: Planning and Zoning Commission Prepared by: Anne Russett, Senior Planner Item: REZ25-0008 Date: July 16, 2025 GENERAL INFORMATION Owner/Applicant: JNB Iowa City, LLC Jim Bergman Iceberg Development Group, LLC 563-505-5611 jim(a�jnbice.com Contact Person: Steve Long Salida Partners 319-621-3462 steve(a)sal i d apart n ers. com Requested Action: Rezoning to Community Commercial (CC-2) zone for approximately 33.64 acres. Purpose: To allow for the redevelopment and development of land surrounding the former ACT campus. Location: East of N. Dodge St and south of 1-80. Location Map: 1 uAk, i -4 AL r' Size: 33.64 acres Existing Land Use and Zoning: Vacant Land, Former portion of the ACT Campus; Office Research Park (ORP) Zone Surrounding Land Use and Zoning: North: Hotel, Gym, Restaurant; Highway Commercial (CH-1) zone South: Former ACT Campus, Iowa City Community School District Office, Mixed Use (MU) zone and K Comprehensive Plan: District Plan: Public Meeting Notification: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: Neighborhood Public (P-1) zone East: Vacant; ORP zone West: Household Living, Vacant; Rural Residential (RR-1) zone Office Research Development Centers, Pending plan amendment (CPA25-0001) Northeast District Plan Property owners and residents within 500' of the property received notification of the Planning and Zoning Commission public meeting. June 18, 2025 August 3, 2025 Iceberg Development Group, LLC (JNB Iowa City, LLC) recently purchased the former ACT campus and surrounding properties. The owner is working with Shive-Hattery to prepare three applications to allow for the redevelopment of the former ACT campus area located at 101 ACT Drive, as well as the development of the property at 2150 N. Dubuque and the redevelopment of the property at 2041 N. Dubuque Rd. The goal is to allow a variety of commercial uses off of N. Dodge Street and a mix of residential and commercial uses along N. Dubuque Rd. Attachment 3 includes the applicant submittal which illustrates the proposed changes to the zoning map and includes the applicant statement describing the rationale behind the request. The first application to be considered is a Comprehensive Plan Amendment (CPA25-0001). The Comprehensive Plan future land use map suggests this area is appropriate for Office Research Development Centers. This area is not included on the Northeast District Plan's future land use map. The proposed amendment would change the future land use designation for the subject property in the Comprehensive Plan to General Commercial along N. Dodge Street, Mixed Use along N. Dubuque Rd, and some Public/Private Open Space for the area constrained by sensitive features. The other concurrently submitted applications include two zoning map amendments (REZ24-0013 and REZ25-0008). This rezoning (REZ25-0008) is a request to rezone approximately 33.64 acres of land along N. Dodge Street to the Community Commercial (CC-2) Zone. REZ24-0013 is a request to rezoning 22.5 acres of land along N. Dubuque Rd to the Mixed -Use (MU) Zone. The applicant has used the Good Neighbor Policy and held a Good Neighbor Meeting on Tuesday, June 10, 2025. Several neighbors attended. Attachment 3 incudes the application materials and Attachment 4 provides the good neighbor meeting summary report provided by the applicant ANALYSIS: Current Zoning: The subject property is currently zoned Office Research Park (ORP) zone. The purpose of this zone is to provide areas for the development of large office and research firms and other complementary uses. The requirements of this zone protect uses in the zone from adverse impact of uses on adjacent land and protect adjacent more restrictive uses. Hotels, 3 motels and similar uses should be located along the periphery of the zone or in such other locations that do not adversely affect the setting and quality of development for the permitted uses of this zone. Proposed Zoning: The applicant is proposing to rezone the subject property to the Community Commercial (CC-2) zone. The purpose of CC-2 zone is to provide for major business districts to serve a significant segment of the total community population. In addition to a variety of retail goods and services, these centers may typically feature a number of large traffic generators requiring access from major thoroughfares. While these centers are usually characterized by indoor operations, uses may have limited outdoor activities; provided, that outdoor operations are screened or buffered to remain compatible with surrounding uses (14-2C-1 F). Table 1 shows the uses that are allowed in the CC-2 zone. It includes a mix of residential and commercial uses, including restaurants, retail, and office, as well as more intensive commercial uses such as vehicle repair uses. The CC-2 zone also allows for some lower intensity industrial zone. For example, light manufacturing is allowed; however, it is restricted to 5,000 sq ft and the manufacturing must be small scale with an on -site retail component. Table 1. Uses Allowed in the CC-2 Zone Use Categories Subgroups CC-2 Residential uses Group living uses Assisted group living PR Household living uses Group households PR Multi -family dwellings PR/S Commercial uses Animal related commercial uses General PR Intensive Building trade uses PR Commercial recreational uses Indoor P Outdoor S Drinking establishments PR Eating establishments P Office uses General office P Medical/dental office P Quick vehicle servicing uses PR/S Redemption Centers PR Retail uses Alcohol sales oriented retail P Delayed deposit service uses PR Hospitality oriented retail P Outdoor storage and display oriented PR Personal service oriented P Repair oriented P Sales oriented P Tobacco sales oriented PR Surface passenger service uses P CI Vehicle repair uses S Industrial uses Manufacturing and production uses General manufacturing PR Technical/light manufacturing PR Self-service storage uses S Institutional and civic uses Basic utility uses PR/S Community service uses Community service - shelter S General community service P Daycare uses PR Educational facilities General S Specialized P Parks and open space uses PR Religious/private group assembly uses P Utility -scale ground -mounted solar energy systems S Other uses Communication transmission facility uses PR/S *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 rezonings: 1. Consistency with the comprehensive plan; 2. Compatibility with the existing neighborhood character. Compliance with Comprehensive Plan: The future land use map of the IC2030 Comprehensive Plan identifies this area as appropriate for Office Research Development Centers. Although the subject property is within the boundary of the Northeast District Plan the subject property is not included on the future land use map. Concurrent with this rezoning, the owner has requested an amendment to the land use policy direction of the comprehensive plan to show this area as appropriate for the General Commercial land use category. The comprehensive plan currently includes goals and strategies that align with the proposed rezoning. Land Use Goals & Strategies: • Encourage compact, efficient development that is contiguous and connected to existing neighborhoods to reduce the cost of extending infrastructure and services and to preserve farmland and open space at the edge of the city. o Identify areas and properties that are appropriate for infill development. o Ensure that infill development is compatible and complementary to the surrounding neighborhood. • Plan for commercial development in defined commercial nodes, including small-scale neighborhood commercial centers. 9 o Discourage linear strip commercial development that discourages walking and biking and does not contribute to the development of compact, urban neighborhoods. o Provide for appropriate transitions between high and low -density development and between commercial areas and residential zones. Economic Development Goals & Strategies: • Increase and diversity the property tax base by encouraging the retention and expansion of existing businesses and attracting businesses that have growth potential and are compatible with Iowa City's economy. • Provide an environment that supports quality employment and living wages and that enhances workforce skills and educational levels. • Encourage a healthy mix of independent, locally -owned businesses and national businesses. • Improve the environmental and economic health of the community through efficient use of resources. o Encourage new business development in existing core or neighborhood commercial areas. o Support projects that provide opportunities for workers to live close to their place of employment... Transportation Goals and Strategies: • Accommodate all modes of transportation on the street system. o Design arterial streets as "complete streets" where all modes of transportation are considered... o Require sidewalks on both sides of city streets. Encourage walking and bicycling. o Encourage pedestrian -oriented development and attractive and functional streetscapes that make it safe, convenient, and comfortable to walk. o Provide crosswalks and pedestrian signals where appropriate. For the reasons above, staff finds the requested rezoning to be consistent with the comprehensive plan amendment and also compatible with the policies of the comprehensive plan. Compatibility with Existing Neighborhood Character: The subject property is a portion of the former ACT campus that is now largely vacant. To the east is the remainder of the former campus. To the south is the Iowa City Community School District offices. Across the N. Dodge St. right-of- way are a variety of commercial uses, including a gym, restaurant, hotel, and gas station. To the west is an existing single-family home that is separated from the subject property by a small woodland. Staff is recommending one condition to ensure compatibility with the existing neighborhood character. Commercial areas along N. Dodge St that abut either N. Dodge Street or land that is zoned residential must include landscaped buffer strips that do not allow any development. These strips shall be 30' wide and shall be landscaped according to the plan that is approved by the City Forester. Transportation and Access and Utilities: The subject property is currently accessed from N. Dubuque Rd. and ACT PI. There is currently no access to the site from N. Dodge St. As part of the rezoning, staff requested a traffic study. Attachment 5 includes the traffic study's executive summary. The study determined that the existing lane configuration and stop control at the N. Dodge St. and ACT Circle intersection will not provide an acceptable level of service (LOS) through the 2047 C01 buildout design year. Therefore, the traffic study recommends the following for the N. Dodge St. / ACT Circle intersection: 1) a signalized intersection, 2) installation of a fourth leg that would provide access to the subject property, and 3) a dedicated northbound right turn lane and south bound left turn lane. The figure below denotes the recommended new improvements with red circles. Figure 1. Recommended Improvements — ACT Circle/N Dodge St Intersection Staff has several recommended conditions related to the transportation system. Regarding the N. Dodge St and ACT Circle intersection, the City will be installing a traffic signal at this intersection. The City portion of the project will include the full traffic signal and associated pedestrian signal accommodations (currently included in the adopted Capital Improvements Program for 2025). Through the proposed conditions, the applicant will be responsible for constructing the 41" leg (i.e. access to the subject property) of the ACT Circle / N. Dodge St intersection. Also related to this intersection, staff is recommending the applicant install a dedicated southbound left -turn lane and northbound right -turn lane subject to review and approval by the City Engineer and the Iowa DOT — as recommended by the traffic study. The applicant is also interested in an additional driveway access north of the N. Dodge St/ACT Circle intersection to the subject property. Any access would require review and approval by the Iowa DOT and the City Engineer. Staff is recommending a condition that if the applicant pursues an Iowa DOT permit for an additional access that it be limited to right-in/right-out only. 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 established through the subdivision process. Staff is also recommending a condition to fill in an existing sidewalk gap along the east/south side of N. Dodge St. between N. Scott Blvd and the ACT Circle. Staff is recommending a 10' wide sidewalk to be installed by the applicant as part of the rezoning. Regarding other utilities, staff needs more information about the existing sanitary sewer in the area. Therefore, staff is also recommending a condition that prior to final plat approval, a flow study shall be prepared for the full length of the North Branch of the Northeast Trunk sewer to its point of connection with the North Branch Dam Trunk Sewer. If any of the existing sections of the North Branch of the Northeast Trunk sewer do not have the capacity to support the full buildout of the area being rezoned, upgrades will need to be made and accepted by the City prior to the issuance of any building permits. If sewage from the area being rezoned will be conveyed to the Highlander Lift Station, a flow study shall be prepared for the Highlander Lift Station. VA STAFF RECOMMENDATION: Staff recommends approval of REZ25-0008, a request to rezone approximately 33.64 acres of land along N. Dodge St. and south of 1-80 to Community Commercial (CC-2) zone subject to the following conditions: 1. Prior to issuance of any building permits, the subject area shall go through the subdivision process and obtain approval of a preliminary and final plat. 2. Prior to final plat approval, a flow study shall be prepared for the full length of the North Branch of the Northeast Trunk sewer to its point of connection with the North Branch Dam Trunk Sewer. If any of the existing sections of the North Branch of the Northeast Trunk sewer do not have the capacity to support the full buildout of the area being rezoned, upgrades will need to be made and accepted by the City prior to the issuance of any building permits. If sewage from the area being rezoned will be conveyed to the Highlander Lift Station, a flow study shall be prepared for the Highlander Lift Station. 3. Prior to site plan approval, commercial areas along N. Dodge St that abut either N. Dodge Street or land that is zoned residential must include landscaped buffer strips that do not allow any development. These strips shall be located on the commercial property, shall be 30' wide, shall be located along N. Dodge Street, which is an important gateway to the City, as well as in areas that abut residential zones, and shall be landscaped according to the plan that is approved by the City Forester. 4. Prior to issuance of a building permit, installation of 10' wide sidewalk on the eastern/southern portion of the N. Dodge Street right-of-way between N. Scott Blvd and ACT Circle subject to review and approval by the City Engineer. 5. Prior to final plat approval, submission of construction drawings for a southbound left - turn lane and northbound right -turn lane on N. Dodge Street at ACT Circle subject to review and approval by the City Engineer and the Iowa DOT. Installation of improvements shall be required prior to issuance of building permits. 6. Prior to final plat approval, submission of construction drawings for the 4t" leg of the ACT Circle / N. Dodge St intersection subject to review and approval by the City Engineer and the Iowa DOT. Installation of improvements shall be required prior to issuance of building permits. 7. Any request for an additional driveway access to the subject property north of the N. Dodge St/ACT Circle intersection shall be limited to a right-in/right-out access only. This access requires review and approval by the City Engineer and the Iowa DOT. NEXT STEPS: After a recommendation from the Planning and Zoning Commission, the following will occur: • City Council will need to set a public hearing for both the comprehensive plan amendment and rezoning applications. • City Council will consider approval of the comprehensive plan amendment (CPA23-0001) and must hold three readings including the public hearing for the rezonings (REZ24-0013 and REZ25-0008). E:3 ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Applicant Submittal 4. Good Neighbor Meeting Summary 5. Traffic Study Executive Summary Approved by: DanieTfe Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services ATTACHMENT 1 Location Map ATTACHMENT 2 Zoning Map ATTACHMENT 3 Applicant Submittal June 10, 2025 APPLICANT'S STATEMENT FOR REZONING JNB Iowa City — Dodge Street Commercial Please accept the following Applicant Statement submitted on behalf of JNB Iowa City, LLC. JNB Iowa City, LLC (Applicant) has recently purchased the 400-acre former ACT Campus which was once home to more than 900 employees in multiple office buildings. The use of the campus changed dramatically over the past several years and now only one building is utilized. The remaining buildings are vacant with the former Lindquist Buildings slated for razing this summer. The 400-acre campus contains numerous zoning classifications currently. These include Rural Residential (1111-1), Low Density Single -Family Residential (RS-5), Office Research Park (ORP), Interim Development Single -Family Residential (ID-RS), Research Development Park (RDP), and recently added Mixed Use (MU). The Interim Development zones 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 requesting to rezoning 33.64 acres along N. Dodge Street and Interstate 80 to Community Commercial (CC-2) zone. The affected property is currently zoned Office Research Park (ORP). According to the city code, the Community Commercial zone is intended to "provide for major business districts to serve a significant segment of the total community population. In addition to a variety of retail goods and services, these centers may typically feature a number of large traffic generators requiring access from major thoroughfares." The request for the CC-2 zone reflects the property's location along N. Dodge Street, a major arterial street, and the proximity to Interstate 80. N. Dodge Street experiences more than 20,000 vehicles per day and Interstate 80 experiences more than 40,000 vehicles per day. The properties on the opposite side of Dodge Street are currently zoned CH-1. There are two properties to the south along N. Dodge Street that are currently zoned single-family residential. The topography between these properties and the developable portion of the subject property provides a natural buffer. This property is surrounded by developed properties and city services are currently available. Rezoning to Highway Commercial allows for redevelopment of this portion of the former ACT site to bring commercial services this important corridor in Iowa City. Thank you for your consideration of this rezoning application. Sincerely, Michael J. Welch, PE Shoemaker 4,o" Haaland Project No. 24381.40 Page 1 INTERSTATE 80 REZONING EXHIBIT 043E DODGE STREET ____ T o] _ OMMERCIAL N132554E s N731 18316 - - A CI A _ 215.20 ,, — —_ —_ IOW CITY, I �� 3"� �� ✓ --- — j Nsa°s9z]°E 5 �9 LEGAL DESCRIPTION 11592 ISM re owA PC ARE' n w aNN Nbo°�s6"e .G - ores RECORDED ILI11NP1— 12 alloaPo ` /,IN Nv 213.93' $ IPn o P OLOPP, IAN N FLAT �N49°52'15°E / �- �.. _..—..—.._ 228.]4'LI rao N nl i AE , 588°311011 A --�OFLAPA IN LLI Z, IALAINANS 0209'0 r� N ores e o / ✓�2� q I All �UT'EA'LIN'l AN I.IT'INS1�1AI"TAILOET�01N, IF INTINSEITUIN ON THE EAST LINE I CNCLE �A°`N'` AREA A' N—OHN E - 1 1.)l FEET SLONG SAID SOUTHERN R I POINT I I °� N/ �° z,bg �% f a N 14ee , NA Al,N r, -111.17 ,Na "S' IPI „� ION NA /I, S01°50'00"E o rev _ROLE — N22°031- 1 . —.. — — — nolu. cuavE PIP I I FEET ALONG SAID EASTINCI FICIT OF'UCAI TIENCI ATIV 01 - 119.51 FEET TIENCE SS- 21 SS N85°04451^I S88°]0'00'W 315.20' ✓ _ 1 'i 255.23' _FEET H3 s co 3a oFv 505 34'20"E nV iw Wu"r of „nv I N / /I d 021"43'42 ,ry c 0Aj1�T,�,CAP,#1T5,747 ALSO CONTRA ON THE SOUTHERN Ro— OF NORTH DODGE STREET AND ��7N �Ne ,c o CIAlLA1_ R 4]380 ores 'RITE CEL 11IG1 IS ALSO TIE sour"Eui ry CH 1)8.60' n2Na aw.rPus LLc woe—/229.5000E CE-505°30'01"VC zory rvc r, PNc LLc in uu . DUBUQUE RD ;8933, 21 YJ ZON. �_ TM 4nca3sr oa nNOlssuea3 EASE srts IN Be sor aecaao 589°48'3 '�V 581°48'39'NV - 581°04'S8'1V g NORTH SCOTT BOULEVARD 1v 43' 222.2]' ff i� ]s.3r F,NHITAPPLICANT INFORMATION 11 NG �o-res s7'12EELLIIF.1 IT r3vP snuoaPAT,measmm 1 1 �o SON No ow3oNA c,. A� aoav g — as�� ��Na �Nre,s reoP _..—..—.—..—.. _..- �o3rrA"3a ANo "SA,avo oPo NeNN—.—.—. —..-�. ,ao"ouonv aoao ,Na rusPres „o / LCI IN IG IFIE —. maAsvrae I'A014, �N �3 ! Mre �re I I� 311117111 �tv �T _ - 1 ZONING INFORMATION V �s 3 o' N1 , o"as ow: Es= oPo3i �- 2 NONreNEN. P�N3 �T3oN�N� o� o�I� PAIC ANrePE oN,Ps. PPP PONN 4 o as oP�ozoNN n aA F o. awA ire. - oPo /. as sI I IN ET O@Ylak@f d e�iowncTv,22c ncrwesrCAMPUS oNi cEw eT 24381 40 "Ea NA I NI FE.INN AE N. DODGE STREET - Haaland 0 ATTACHMENT 4 Good Neighbor Meeting Summary i r Summary Report for * - , —4 Good Neighbor Meeting CITY OF IOWA CITY Project Name: ACT West Campus Project Location: 2041 N Dubuque Rd Meeting Date and Time: 6/10 4-6 p.m. Meeting Location: Ferguson Center (200 Act Dr, Iowa City, IA 52243) Names of Applicant Representatives attending: Steve Long, Mark Seabold, Mike Welch Travis Wright Names of City Staff Representatives attending: Anne Russett Number of Neighbors Attending: 20 Sign -In Attached? Yes No x General Comments received regarding project (attach additional sheets if necessary) - Residents would like to see a restaurant in the Ferguson Center and more services in general. Neighbors supported the idea of ACT Dr connecting into Dodge St. Neighbors liked the idea of commercial along Dodge St with a pedestrian connection to Oaknoll. The idea of more housing and a mix of uses nearby was well received. Concerns expressed regarding project (attach additional sheets if necessary) - Concerns about traffic on N. Scott Blvd. Indicate the left turn out of Oakknoll onto N. Scott is difficult. Want to know if there would be a second connection to the Oakknoll east property so they could avoid N. Scott. Wanted a pedestrian connection from Oakknoll East to the ACT campus. They currently cut through the ICCSD property but, worry that could be taken away in the future. Neighbors prefer to see housing only along Scott Blvd, but fine with senior facility that includes a cafe/coffee shop that is open to the public. Concern about about removal of trees/open space that neighbors often use for walking. Will there be any changes made to the proposal based on this input? If so, describe: No changes intended based on comments from Neighbors. Staff Representative Comments ATTACHMENT 5 Traffic Study Executive Summary Traffic Impact Study: Iceberg Development Group Iowa City, Iowa July 1, 2025 %11111111111 I HEREBY CERTIFY THAT THIS ENGINEERING DOCUMENT 41}I/ WAS PREPARED BY ME OR UNDER MY DIRECT PERSONAL �tttt ()�F-Sslo/v � SUPERVISION AND THAT I AM A DULY LICENSED �� • . PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF IOWA. Q - r y ;. ERIC J m : 07/01/2025 J MUNCHEL = SIGNATURE DATE 19/42 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 //t/111111111i0 Prepared for: Iceberg Development Group Prepared by: SH1VEHATTERY A R C H I T E C T U R E+ E N G I N E E R I N G 222 V Avenue SE, Suite 300 Cedar Rapids, IA 52401 (319) 364-0227 Fxecutive Summary The Iceberg Development Group initiated this traffic impact study to identify potential traffic impacts on the adjacent roadway network due to their proposed multipurpose land use development, which will be located on the former ACT Campus in Iowa City, IA. The study area west of the black delineated line in the figure below is the focus of the proposed traffic study. This study builds on the previous study submitted for the rezoning of the 48 acres noted at Area 1.1 through 1.4 in the figure below. Five access points are proposed, with two on Scott Boulevard and two on Dodge Street (Highway 1), and one on 1st Avenue. These access points will be full access points with no turning movement restrictions, except for a right-in/right-out access point on Dodge Street (Highway 1) north of ACT Circle. Existing, opening, and design analysis years are assumed to be 2025, 2027, and 2047, 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) Study Intersection #4 — Scott Boulevard & Hickory Heights Lane Study Intersection #5 — Dodge Street & ACT Circle Study Intersection #6 — Dodge Street & 1-80 EB Off -Ramp Study Intersection #7 — Dodge Street & 1-80 WB Off -Ramp Study Intersection #8 — Dodge Street & Access Point Study Intersection #9 — 1st Avenue & Access Point The above list assigns each study intersection with a numberthat 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. Weekday turning movement volumes were collected at the study intersections in mid and late 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 #6. Study intersection #6 governs 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. 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. 2240009880 1 July 1, 2025 SHIVEHATTC-RY A R C H I T E C T II R E+ E N G I N E E R I N G Page 4 of 53 Figure ES1 Annual Growth Rates These 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. The Iowa Crash Analysis Tool (ICAT) website administered by Iowa DOT was used to collect available crash data at the existing (study intersection #8 is not an existing intersection) study intersections for the ten-year period between January 1, 2015 and December 31, 2024. Over this period a total of 224 crashes were reported at the existing study intersections. The Iowa DOT Potential for Crash Reduction (PCR) analysis was also reviewed at the existing study intersections. Study intersection #1 (Dodge Street and Scott Boulevard had a medium PCR level. Study intersection #5 did not have a PCR classification. All other study intersections (study intersection #2, #3, #4, #6, and #7) had a negligible PCR classification. Safety improvements are not recommended at the study intersections based on the crash analysis presented above. The development will increase traffic volumes at the study intersections. However, the potential for increased crash frequencies is not anticipated. 2240009880 1 July 1, 2025 SHIVEHATTC-RY A RL}EITEC I U R E + E N G I N E ER I NG Page 5 of 53 Iowa City Transit provides public transportation in the study area. Figure 10 identifies the North Dodge route (Route 7), which passes through the study area. The Metropolitan Planning Organization of Johnson County (MPOCJC) Future Forward 2045 Long Range Transportation Plan identifies "Wide Sidewalk/Pathways" within the study area that extend along Dodge Street, Scott Boulevard, and 1 st Avenue. Sidewalks extend along the study roadways, except Interstate 80. The analysis presented herein indicates the study intersection's LOS indices will operate at acceptable levels during the AM and PM peak hour conditions through the 2047 buildout design year scenario, except for study intersections #2 and #5. Additionally, it should also be noted there is an existing queueing issue on the northbound approach at study intersection #1. Based on the analysis presented herein, the northbound approach queue is an existing issue and is anticipated to get worse under all future scenarios at study intersection #1. However, the proposed lane configuration with an additional northbound right -turn bay (presented with Table 20) is anticipated to mitigate the queueing issue and should be considered. Based on the analysis presented herein, 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 2047 buildout design year scenario. However, the LOS issue is anticipated to arise regardless if the development is built or not. Additionally, the unacceptable LOS is only anticipated to occur for approximately 30 to 45 minutes during the AM peak hour. Based on the analysis presented herein, the existing lane configuration and stop control at the Dodge Street and ACT Circle Lane (study intersection #5) intersection will not provide an acceptable LOS through the 2047 buildout design year scenario. Therefore, the proposed lane configuration and signalized control presented in the figure below is recommended. The figure below presents the recommended lane configuration and control at the study intersections, which is anticipated to provide an acceptable LOS through the 2047 buildout design year scenario. The changes/improvements to the study intersections are delineated with red ovals in the figure below. 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, with the exception of the northbound approach at study intersection #1. Operational analysis worksheets are contained in Appendix 4. At Intersection #8, it should be reiterated from the assumptions listed in the report that for the purposes of the analysis presented herein, 0 inbound/outbound trips are assumed to use the proposed RIRO access point (study intersection #8). If this access point is not approved it the surrounding intersections would still operate at an acceptable LOS. If this access point is approved, it is anticipated to attract some trips away from study intersection #5 and thereby reduce the vehicle delay reported herein at study intersection #5. 2240009880 1 July 1, 2025 SHIVEHATTC-RY A R C H I T E C T II R E+ E N G I N E E R I N G Page 6 of 53 Figure ES2 Study Intersections — 2027 Recommended Buildout Lane Configuration & Control A `v ' O� Om cce" Point 2240009880 1 July 1, 2025 SHIVEHATTC-RY A R C H I T E C T II R E+ E N G I N E E R I N G Item Number: 7.d. a CITY OF IOWA CITY "QF T-4 COUNCIL ACTION REPORT August 5, 2025 Motion setting a public hearing for August 19, 2025 on an ordinance rezoning approximately 37.9 acres of land located at 2510 N. Dodge St. from Research Development Park (RDP) zone to Intensive Commercial (CI-1) zone. (REZ25-0009) Attachments: REZ25-0009 Staff Report-w-attachments STAFF REPORT To: Planning and Zoning Commission Prepared by: Olivia Ziegler, Planning Intern Item: REZ25-0009 2510 N. Dodge Street Date: July 16, 2025 GENERAL INFORMATION: Owner/Applicant: GSD North Dodge, LLC Steve Geifman 563-323-2626 steveCa)_geifmangroup.com 2172 56t" Ave West Bettendorf, IA 52722 Contact Person: Nick Hatz 319-364-0227 nhatz(o)shive-hattery.com 222 Third Ave SW Cedar Rapids, IA 52401 Requested Action: Rezone approximately 37.9 acres of land from Research Development Park (RDP) zone to Intensive Commercial (CI-1) zone. Purpose: Allow for reuse of existing building to uses that are not allowed in the current zoning designation. New owners may also be planning additions and new buildings. Location: Location Map: Size: Existing Land Use and Zoning Surrounding Land Use and Zoning 2510 N. Dodge Street y 'Nc 37.9 acres Former Pearson's site, Research Development Park (RDP) North: Interim Development Research Park (ID -RP) South: Office Research Park (ORP) East: Highway Commercial (CH1), K Comprehensive Plan: District Plan: Public Meeting Notification: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: Commercial Office (CO1) West: Intensive Commercial (CI-1) Office Research Park Development Centers Property owners and occupants within 500' of the property received notification of the Planning and Zoning Commission public meeting. Rezoning signs were posted along N. Dubuque Street on July 7tn 2025. June 26, 2025 August 11, 2025 The owner, GSD North Dodge, LLC, has requested a rezoning from Research Development Park (RDP) zone to Intensive Commercial (CI-1) zone for approximately 37.9 acres of land located at 2510 N. Dodge Street. The property was annexed into the City in approximately 1970 and zoned Office Research Park (ORP) zone at that time. It was initially developed for Westinghouse Education Services and was later transferred to the former owner, NCS Pearson, Inc. On March 25, 2014, the City Council approved a rezoning (REZ14-0001, Ord. No. 14-4577) for approximately 49.5 acres of property from ORP to RDP. This rezoning was adopted to keep the building conforming to the zoning code after Moss Ridge Road was constructed. The RDP and ORP zones are similar in uses permitted but differ in dimensional requirements. The ORP zone requires front setbacks of 150 feet, side and rear setbacks of 100 feet, and a minimum lot area of 7 acres. The RDP zone requires a minimum lot area of 1-acre, front setback of 20 feet, and does not require side or rear setbacks. In adopting the ordinance, the structure was allowed to remain conforming as it adhered to the zoning code and is more than 20 feet from the property line. Table 1 below outlines the differences in dimensional requirements between the zones. Table 1: Dimensional Requirements For Industrial and Research Zones Minimum Lot Requirements Minimum Setbacks Maximum Height (ft.) Maximum Lot Coverage (percent) Zone Total Area (s.f.) Width (ft.) Minimum Frontage (ft.) Front (ft.) Side (ft.) Rear (ft.) RDP 1 acre none none 20' 0' 0' 45 50 ORP 7 acres I none none 150 100 1 100 none none The subject property is the former Pearson site that has been vacant for nearly five years. The Geifman Group recently purchased the property and are looking to repurpose the existing building with a variety of land uses. Some of the uses that seek to occupy the space (e.g. indoor commercial recreation) are not allowed within the current zoning designation but would be allowed with the proposed zoning. Attachment 3 includes the applicant submittal which illustrates the proposed changes to the zoning map and includes the applicant statement describing the rationale behind the request. 3 The applicant has indicated that they have chosen not to use the "Good Neighbor Policy". ANALYSIS: Current Zoning: The subject property is currently zoned Research Development Park (RDP). Properties zoned RDP provide areas for the development of office, research, production, or assembly firms and other complementary uses. Office and research use should predominate the zone. The requirements of this zone protect uses in this zone from adverse impacts of uses on adjacent land. Hotels, motels, and similar uses should be located along the periphery of the zone in locations that do not adversely affect the setting and quality of other development for the uses permitted in the zone. Proposed Zoning: The applicant is proposing to rezone the subject property to Intensive Commercial (CI-1) zone. The purpose of the CI-1 zone is to provide areas for those sales and service functions and businesses whose operations are typically characterized by outdoor display and storage of merchandise, by repair and sales of large equipment or motor vehicles, by outdoor commercial amusement and recreational activities or by activities or operations conducted in buildings or structures not completely enclosed. The types of retail trade in this zone are limited in order to provide opportunities for more land intensive commercial operations and also to prevent conflicts between retail and industrial truck traffic. Special attention must be directed toward buffering the negative aspects of allowed uses from adjacent residential zones. Table 2 below outlines the uses allowed in the CI-1 zone. There are a variety of uses that are allowed in the CI-1 zone, including retail, office, manufacturing, and warehousing. The zone does not allow residential uses. Table 2: Uses allowed in the CI-1 Zone Uses Categories Intensive Commercial Residential —Assisted Group Living - Residential — Group Household - Residential — Multi -Family - Adult Business PR Animal Related Commercial — General PR Animal Related Commercial— Intensive PR Building Trade Uses P Commercial Parking Uses - Commercial Recreation — Indoor P Commercial Recreation — Outdoor P Drinking Establishments PR Eating Establishments P Office - General P Office — Medical/Dental P Quick Vehicle Servicing PR/S Redemption Center P Retail — Alcohol Sales P Retail — Delayed Deposit - Retail — Hospitality P Outdoor Storage and Display P Retail — Personal Service P CI Retail — Repair P Retail — Sales P Retail — Tobacco Sales PR Surface Passenger Service P Vehicle Repair PR Industrial Service - General Manufacturing PR Heavy Manufacturing S Technical/Light Manufacturing PR Salvage Operations - Self Service Storage P Warehouse & Freight Movement P Waste Related - Wholesale Sales P Basic Utility PR/S Community Service — Shelter S General Community Service P Daycare PR Detention Facilities S General Education Specialized Education S Parks and Open Space Hospitals - Religious/Private Group Assembly P Utility Scale Ground Mounted Solar S Communication Transmission Facility PR/S *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 rezonings: 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. The Future Land Use Map of the IC2030 Plan identifies the subject property as appropriate for Office Research Development Center. There is currently no District Plan for this area. The IC2030 Plan also states the following: "For firms that require close access to Interstate 80, lots will soon be available in the recently platted Moss Ridge Campus, an approximately 172- acre office park located at the Highway 1 (North Dodge St) interchange with Interstate 80. The growing employment center that surrounds this interstate interchange is already home to a number of the City's major employers, including numerous medical and professional firms located in Northgate Corporate Park as well as ACT and NCS Pearson — education -based research and service firms that employ thoughts of people" (pg. 13). The need for office spaces has significantly diminished since the IC2030 Plan was adopted in 2013 and the subject property was rezoned in from Office Research Park zone (ORP) to Research Development Park zone (RDP) in 2014. The subject property was home to the former 9 Pearson Inc site, which closed its office in 2022. This closure and general lack of demand for office space emphasizes the importance of rezoning the existing buildings to CI-1 in allowing the empty campus to once again make a valuable contribution to Iowa City's economy in allowing multiple uses for several types of tenants while benefitting the surrounding properties. Additionally, the Northeast District Plan acknowledges that a surplus of office use designation may occur, and provides flexibility of land uses within the area: "Office uses could serve as a buffer between the interstate and residential areas... 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." (p.18) The other buffer uses mentioned in the plan include recreational uses, storage, and warehousing uses. These are all uses that the new owners are interested in. Furthermore, there are numerous goals and strategies specified in the IC2030 Plan that align with the proposed rezoning: Land Use Goals and Strategies: • Plan for commercial development in defined commercial nodes, including small-scale neighborhood commercial centers. o Provide appropriate transitions between high and low -density development and between commercial areas and residential zones. • Focus industrial development on land suitable for industrial use with good access to rail and highways but buffered from residential neighborhoods. o Provide adequate butter areas between residential areas and intensive industrial activity to mitigate any negative externalities, such as noise, odors, dust, and vibrations. Economic Development Goals & Strategies: • Increase and diversify the property tax base by encouraging the retention and expansion of existing businesses and attracting businesses that have growth potential and are compatible with Iowa City's economy. o Target industrial and business sectors that align with Iowa City's economic strengths, including biotechnology, healthcare, advanced manufacturing, information technology, education services, and renewable energy. o Provide an attractive economic environment with a streamlined, business -friendly culture by making regulatory and permitting processes, clear, predictable, and coordinated. Improve the environmental and economic health of the community through efficient use of resources. o Support the development of the Iowa City Industrial Park as a hub for renewable energy companies and other industrial operations and promote appropriate development in the City's other designated urban renewal areas including: City - Highway Project I, Northgate Corporate Park, Sycamore & First Avenue, Lower Muscatine Road & Highway 6, Industrial Park Road, Highway 6, Moss Green, Towncrest, and Riverfront Crossings. Staff finds that since the proposed rezoning is consistent with the land use policy direction of the comprehensive plan. Although the future land use map envisions the site to be developed as an office research park, the plan also recognizes the need to be flexible. It notes that this vision may be unrealistic, and flexibility should be considered in order to allow uses such as recreational uses, warehousing, storage, and others. Compatibility with Existing Neighborhood Character: The subject property is bordered by Interim -Development Research Park zone (ID -RP) to the north, Intensive Commercial zone (CI- 1) to the west, Highway Commercial zone (CH-1) to the east, and is separated by 1-80 from the C01 Interim -Development Research Park designation to the south. The proposed rezoning would not have major impact on the existing neighborhood character due to the surrounding land allowing commercial uses, as well as office, research, and production firms, all complimenting the uses of the CI-1 designation. The proposed rezoning would facilitate a seamless transition between North Dodge Street/Highway 1 and the parcels to the west that are also zoned CI-1. Transportation and Utilities: In terms of access, the subject property can be accessed from N. Dodge St at Highlander Place, which is a signalized intersection. Additionally, the subject property is accessible from the north via Moss Ridge Rd. Moss Ridge Rd and N. Dodge St are also signalized. The subject property also has access to existing City water and sewer. NEXT STEPS: Upon recommendation from the Planning and Zoning Commission, a public hearing will be scheduled for consideration by City Council. STAFF RECOMMENDATION: Staff recommends approval of REZ25-0009, an application to rezone approximately 37.9 acres of land at 2510 N. Dodge Street from Research Development Park (RDP) zone to Intensive Commercial (CI-1) zone. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Applicant's Submittal Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services ATTACHMENT 1 Location Map ATTACHMENT 2 Zoning Map ATTACHMENT 3 Applicant's Submittal SHIVEHATTERY ARC H I T E C T U R E+ E N G I N E E R I N G June 19, 2025 City of Iowa City Neighborhood & Development Services Iowa City Planning & Zoning Commission RE: Rezoning Applicant Statement To Whom It May Concern, On behalf of the current Ownership GSD North Dodge, LLC a rezoning request is respectfully submitted as shown in the provided Rezoning Exhibit. The 37.9 acres highlighted for the rezoning make up the former Pearson campus which was once home to multiple office buildings and warehouse space which is currently vacant. The existing zoning is Research Development Park (RDP) as this zoning matched the uses Pearson had for the site. The applicant is proposing an Intensive Commercial (CI-1) zoning designation for the parcel. The CI-1 designation will match the intended mix of uses including potential office, data center, warehousing, indoor recreation, hospitality, restaurant or retail options. The CI-1 uses provide critical flexibility to attract multiple complimentary users to bring prosperity and life back to the campus. The uses allowed inside the CI-1 zoning designation will blend seamlessly with the surrounding uses, such as the Highway Commercial and Commercial Office buildings to the east and across North Dodge Street, as well as to the west where the parcel was recently rezoned to CI-1. The CI-1 zoning designation also facilitates a good transition between North Dodge Street/Highway 1 and the parcels North and Northwest of the property that are designated with Interim Development Research Park. Given the parcels' prominent location, adjacent to North Dodge Street, Moss Ridge Road, and near Interstate 80, the CI-1 zoning designation allows a beautiful blend of office and commercial up front while maintaining the functionality of the warehouse in the back of the parcel. Passing this zoning allows for a much -needed rejuvenation of a once thriving area of Iowa City by allowing multiple uses for several types of tenants while benefiting surrounding properties. 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 2250011230 800.798.0313 1 shive-hattery.com REZONING EXHIBIT FROM RESEARCH DEVELOPMENT PARK (RDP) ZONE TO INTENSIVE COMMERCIAL (CI-1) ZONE IOWA CITY, IOWA MOSS RIDGE RD ona.'W , � �/�O ix.exvrE corxnexciueci,� i 9f zreo.o Nl. sr � LOCATION MAP .1— TH.-INox i /col I xtsxomxcaT[ox � 1 j IM �n zsaax��EST `rpxZ«A --------------11 wE"sh Ex xwn�o ` w, iM ° s *Eo:s`ow`aw°a�i,T° aG:o"se*E aY.u:�,���x,�axE o. zs,s�wnuxcen v� zszs eceu R1 iI rssTuoxcTxExoaTxxxEorsaoxE,i.or,�E�,,.�sECTiox ss,.oTxE PoixTor�cixxixc. x w EX1 Item Number: Te. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Motion setting a public hearing for August 19, 2025 on an ordinance amending 14-5K Neighborhood Open Space Requirements. (REZ25-0012) Attachments: REZ25-0012 Packet CITY OF IOWA CITY MEMORANDUM Date: July 16, 2025 To: Planning & Zoning Commission From: Rachael Schaefer, Associate Planner, Neighborhood & Development Services Re: Zoning Code Amendment (REZ25-0012) related to 14-5K Neighborhood Open Space Requirements Introduction The Iowa City Zoning Code (Title 14) and Subdivision Code (Title 15) are subject to alteration and clarification as situations and circumstances change throughout the city. The proposed ordinance (Attachment 1) is an amendment to the City's Neighborhood Open Space Requirements, which were initially adopted in 1994. Since its adoption, the City has adopted other zoning tools that have complicated the implementation of the neighborhood open space requirements. The purpose of these amendments is to adopt an ordinance that works with a variety of zoning tools while maintaining the main purpose of the regulation, which is to ensure all residents have adequate access to parks and open space areas. Background The neighborhood open space dedication is a requirement that developers set aside land for parks or pay a fee in lieu of land dedication to be used by the City to acquire and develop park facilities. This requirement ensures that those responsible for creating the need for new parks cover the costs, rather than existing residents. The current formula used to calculate the required neighborhood open space dedication is as follows: A x 0.65DU x PDU x 3/1000, where A = Acres of undeveloped property; DU = Maximum dwelling units per undeveloped acre (43,560 divided by the minimum lot area requirement for the highest density residential use allowed in the subject base zone); 0.65 = This percentage figure reflects the average development density occurring in Iowa City; PDU = Persons per dwelling unit based on the most recent census; and 3/1,000 = The community standard of acres for active neighborhood open space required per 1,000 persons, as determined by the formulas set out in the neighborhood open space plan, as amended. Several zoning code updates have occurred since the adoption of the current ordinance in 1994. The main issue is that the current formula is based on maximum density, which causes several problems: 1. Residential zones now allow duplex and attached single-family housing types, increasing the maximum density. 2. The Form -Based Zones applicable in the South and Southwest Districts allow a wide range of housing types in each zone and therefore have a very high maximum density compared to what will likely be constructed. 3. The formula is not calculable for projects in the Riverfront Crossing and Central Business Districts since there is no maximum density. 4. The current formula's open space requirements create a burden for small infill projects. In addition to updating the formula, this update also addresses the following: 1. Aligning the purpose statements in 14-5K-1 and 15-3-5 with current City practices. 2. Clarifying the references to the "neighborhood open space plan, as amended" in 14-5K and 15-3-5. 3. Aligning the applicability provisions in 14-5K-2 and 15-3-5B. 4. Refining the procedure for dedication in 14-5K-3 language to align with current practices. The goal of this update is to remove density from the calculation, adopt a formula that works for all zoning districts, and adopt a formula that balances the City's current budget and goals with a more reasonable approach for developers and subdividers. The proposed code amendment (Attachment 1) includes changes to Article K, Neighborhood Open Space Requirements, of Chapter 5, Site Development Standards, of the Zoning Code (Title 14). Staff also proposes amending Title 15 (Land Subdivisions) to ensure alignment with the updates in Title 14. While the Planning and Zoning Commission does not review changes to the City Code outside of Title 14, proposed amendments to Title 15 are also included in the attachment. Proposed Amendments 1. Applicability and Procedures The current ordinance applies neighborhood open space requirements to residential subdivisions, commercial subdivisions containing residential uses, and planned developments. The proposed amendment simplifies the process by applying the requirement only at the preliminary plat stage. This change recognizes that major developments, including most planned developments, already go through preliminary platting where infrastructure and unit layout are determined, making it the appropriate point to assess open space needs. It also exempts smaller projects that only require a final plat, as these are typically follow-ups to an earlier subdivision that already accounted for open space. This update improves clarity, avoids duplication, and ensures the requirement aligns with the scale and timing of development. 2. Formula The following formula was selected based on its alignment with the update's goals, conformance with best practices informed by the research conducted, and ease of use. # of units x PDU x 3/1000, where # of units = Number of new units is determined as noted in the table below; PDU = Persons per dwelling unit based on the most recent census (Persons per household, 2019-2023: 2.23). 3/1000 = Acres of active neighborhood open space required per 1,000 persons. Determining Unit Number Zone Unit Number Determined by Single -Family Residential Allowable units based on the following dimensional requirements: Lot size, Lot frontage, and Lot width Multi -Family Residential and For every platted lot: Maximum dwelling units per undeveloped Commercial Zones (with acre (43,560 divided by the minimum lot area requirement for residential uses) the highest density residential use allowed in the subject base zone) x 0.65 Riverfront Crossings and Unit number to be provided by developer at submittal of Eastside Mixed Use Districts preliminary plat application Form -Based Zones Total unit number on Neighborhood Plan Planned Development Total unit number on Preliminary OPD Plan Overlays (OPDs) The updated formula includes key adjustments to improve clarity, consistency, and alignment with how development occurs in Iowa City. The variables were revised as follows: Removed • A (acres of undeveloped land): The current formula uses total site acreage, which did not accurately reflect how much housing would be built. Removing acreage simplifies the calculation and avoids disproportionate requirements for low -density, oddly shaped sites, and sites with sensitive features. • DU (dwelling units per acre): This variable was based on the maximum allowable density, which often exceeded what was actually built. Removing dwelling units per acre eliminates inflated results. Retained • 0.65 (estimated development density): Retained in how unit counts are estimated for some zones. While no longer part of the formula itself, the 0.65 multiplier is still used to estimate realistic unit counts in zones where actual units are unknown at the time of preliminary plat. This preserves consistency with past development patterns while improving applicability. • PDU (persons per dwelling unit): PDU remains in the formula to ensure that open space requirements are based on the estimated population served, maintaining alignment with the community standard of open space per 1,000 people. • 311000 (acres per 1,000 persons): This value remains unchanged and continues to represent the City's adopted standard for neighborhood open space need based on population. Added • Number of Units: Replaces A x DU x 0.65 in the new formula. Unit count now drives the calculation and is determined based on zone -specific methods that reflect how development is reviewed. This approach ties open space requirements directly to development intensity. The formula was simplified by removing acreage and maximum densities and instead focusing on actual or reasonably estimated unit counts. This supports the City's goal of providing adequate park space. 3. Dedication Cap The updated ordinance includes a new provision that caps required land dedication for neighborhood open space at 10% of the total developable site area. The cap works with the updated formula. After calculating the required open space using the proposed new formula (# of units x PDU x 3/1000), Staff compares the result to 10% of the total developable site area. If the formula yields a number that exceeds 10%, the requirement is limited to that maximum. This maximum applies whether the developer is dedicating land or paying a fee in lieu of land. This cap is needed to ensure the requirement remains proportional and reasonable, particularly for high -density or mixed -use developments where the formula could otherwise generate an open space requirement that consumes an excessive portion of the site. Without a cap, projects in areas like Riverfront Crossings or Form -Based Zones, where unit counts are high but land is limited, could face unrealistic dedication expectations that hinder development feasibility. The 10% limit provides a safeguard against disproportionate outcomes, offering predictability to developers while still securing meaningful open space contributions for the community. 4. Neighborhood Open Space District Boundary Map As part of this ordinance update, Staff is proposing to relocate the neighborhood open space boundary map from the parks master plan to the zoning ordinance. The map was originally adopted in 1993 in the Neighborhood Open Space Plan, which was adopted as part of the City's Comprehensive Plan. The most recent update of the map is included in the 2017 Parks Master Plan (see Attachment 2). Including the map directly in the zoning ordinance improves accessibility and provides clearer guidance to staff, developers, and the public by placing the map in the same location as the standards that describe its use. In addition to adding the map to the zoning ordinance, Staff is also proposing to revise the neighborhood open space boundaries by consolidating several subareas into districts (See Attachment 3). When discussing the implementation of this ordinance with Park and Recreation staff, it was noted that the current boundaries are too segmented, which can make land acquisition and the use of fee -in -lieu funds restrictive. Expanding and consolidating these boundaries will provide greater flexibility to develop park spaces where they are most efficient, rather than being limited to areas that may not align with where land is available or where park development is feasible. This is especially important as all payments in lieu of dedication funds must be used by the City within five years of them being received. The update to the district boundaries also includes expanding them to include the growth boundary areas outside of city limits. Adding the growth areas to the boundaries ensures that as annexation and development occur, neighborhood open space can be developed in the area using these dedicated funds. Analysis Iowa City's ordinance was compared to 18 other jurisdictions that require neighborhood open space dedication (see Attachment 4). Four of the researched jurisdictions were in Iowa, while the others were located in Minnesota, Texas, Wisconsin, California, and Arkansas. Six difference development scenarios were used to analyze how each formula would impact that development's dedication requirements. The scenarios included a single-family only, a mixed unit type, an infill development in a single-family zone, a mixed unit type development in the Form Based District, and two multi -family developments in the Riverfront Crossing District. The following formula was selected based on its alignment with the update's goals, conformance with best practices informed by the research conducted, and ease of use. The updated formula replaces the current acreage -based calculation with a simpler, unit -based approach: # of units x PDU x 3/1000 with a 10% cap, instead of A x 0.65DU x PDU x 3/1000. This change removes the reliance on density, making the calculation clearer, more consistent across zoning districts, and better aligned with actual population impacts. The current formula relies on a fixed density assumption that no longer reflects the range of housing types allowed across zoning districts, making it less adaptable and difficult to implement. In contrast, the proposed formula is simpler, more transparent, and scalable across all development types and zones. Tying open space requirements directly to the number of units and expected population better aligns with actual demand for parks. At the same time, the cap ensures that requirements remain reasonable for both infill and large-scale projects. This change improves clarity, fairness, and consistency in implementation without compromising the City's open space goals. Because the City's zoning districts vary significantly in how and when unit counts are established, the new neighborhood open space formula requires flexible methods for estimating unit numbers at the time of preliminary plat. In single-family residential zones, lot size provides a reliable proxy for unit count since lots are typically platted individually for units. In multi -family residential and commercial zones, unit counts are not known until later in the development process, so a standardized calculation based on maximum allowable density, adjusted by maintaining the 0.65 factor, offers a consistent and fair estimate for these specific lots. In Riverfront Crossings and Eastside Mixed Use Districts, where flexibility and mixed -use configurations are common, applicants will provide an estimated unit count at the preliminary plat, with final numbers verified at the final plat. Unit numbers from the adopted Neighborhood Plan will be used for form -based zones. This tailored approach ensures accurate open space requirements across all zoning districts, aligning with each district's specific development review process. Anticipated Impact The example scenarios below illustrate how the updated formula may impact neighborhood open space requirements across a range of development types and zones. While these are a mix of real and conceptual projects that require dedicated open space, they reflect common development patterns and help demonstrate how the new formula functions in different zoning contexts. Two key issues justify the shift to the new formula. First, under the current formula, open space fees for high -density projects, particularly in areas like Riverfront Crossings or the Form -Based Zones, can exceed $1 million. This is difficult to justify from a planning and policy standpoint and does not encourage the dense development that the City wishes to see in these zones. These amounts can create a significant barrier to the kind of infill, compact, walkable developments that align with City goals. The new formula, combined with the 10% cap, ensures that open space requirements remain meaningful yet not excessive, thereby preserving project feasibility in areas where land is limited and housing demand is high. Second, while the open space dedication for more traditional residential subdivisions may decrease under the new formula, the change reflects a correction of an assumption in the current code. The existing formula uses a maximum density, not the density proposed or built. The updated formula ties open space requirements directly to unit count and the most recent household size data. This creates a more accurate standard across all zoning districts, ensuring that each development contributes neighborhood open space based on the estimated number of people who will reside there, without being overburdened. Together, these changes align requirements with actual development patterns while maintaining the City's goal of acquiring high -quality open space as new housing is built. The examples below highlight the updated formula's improved predictability, fairness, and scalability across zoning districts without compromising the City's open space objectives. Single -Family Residential Single -Family Residential - Multi -Family Residential — Tamarack Ridge Lexington Ave Cardinal Heights Pt 1 Formula for Land to Acres to be Acres to be Acres to be be Dedicated Fee in Lieu Dedicated Fee in Lieu Dedicated Fee in Lieu Dedicated Current 0.79 $25,915.95 0.010 $6,278.91 0.64 $46,439.79 Updated 0.40 $13,167.93 0.007' $4,014.00' 0.28 $20,505.04 Difference - 0.39 - $12,748.02 - 0.003 - $2,264.91 -0.36 - $25,934.75 Riverfront Crossings Form -Based Planned Development 700 S Dubuque (Conceptual) South Village Concept Overlay -Western Homes (Conceptual) (Conceptual) Formula for Land to Acres to Acres to Acres to be be be Fee in Lieu be Fee in Lieu Dedicated Fee in Lieu Dedicated Dedicated Dedicated Current 1.09 $1,462,818.23 11.28 $1,848,310.26 1.09 $141,100.13 Updated 0.192 $255,661.002 2.35 $385,713.10 0.73 $94,797.30 Difference - 0.90 - $1,207,157.23 - 8.93 - $1,462,597.16 - 0.36 -$46,302.83 Notes: 1) With the newly proposed ordinance, the neighborhood open space dedication requirements would likely not be triggered for infill sites as they typically only require a final plat and not a preliminary plat. 2) The calculated dedication was greater than 10% of the total developable land (dedication cap), so a 10% land dedication is required for this development. Next Steps Pending a Planning and Zoning Commission recommendation, the City Council must hold a public hearing to consider the proposed text amendments. Staff Recommendation Staff recommends that Title 14 Zoning be amended, as illustrated in Attachment 1, to update requirements related to neighborhood open space dedication to continue implementing the City's goal of providing adequate open space to residents. Attachments 1. Draft Zoning and Land Subdivision Code Text Amendments 2. 2017 Neighborhood Open Space Boundary Map 3. Neighborhood Open Space Boundary Map Proposed Update 4. Summary Review of Other Jurisdictions Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services ATTACHMENT 1 Draft Zoning and Land Subdivision Code Text Amendments DRAFT ZONING CODE TEXT A. Amend 14-5K-1, Purpose, by deleting the strikethrough text and adding the underlined text: The neighborhood open space requirements ensure that adequate usable neighborhood open space, parks and recreation facilities are provided in a manner that is consistent with the Re,ehherheel•! eeeR cease parks master plan, as amended, by using a calculable method to equitably apportion the costs of acquiring and developing land for those purposes. The provisions of this article require development, which creates increased needs for neighborhood open space ("open space impact"), to pay a proportionate share of the city's capital improvements to fulfill said open space impact. Usable neighborhood open space includes pedestrian/bicycle trails, preferably located within natural greenway systems, private open space that is publicly accessible, and neighborhood parks that serve nearby residents. Der+ieps of larger eemm, Rity parks may he adapted fer narks er large playing fields for ergaRized sports This article is also intended to encourage, wherever reasonably feasible, the dedication of sensitive areas in conjunction with usable open space. (Ord. 05-4186, 12-15-2005) B. Amend 14-5K-2, Applicability, by deleting the strikethrough text and adding the underlined text: As a condition of approval for preliminary plats containing residential uses residential de„eleeme the applicant shall dedicate land, pay a fee in lieu of land, or a combination thereof, for park, greenway, recreational and open space purposes, as determined by the city and in accordance with the provisions of this article. (Ord. 05-4186, 12-15-2005) C. Amend 14-5K-3, Dedication of Land, by deleting the strikethrough text and adding the underlined text: A. Amount Of Land To Be Dedicated: The amount of land dedication shall be determined by the following formula. This formula is deemed a reasonable calculation of the additional need for neighborhood open space created by the subject subdivision er elaRRed rde„eleemeRt n .,�D I I x PD I x 3/1000 .,ham base zene); T+ lewaJ , # of units x PDU x 3/1000, where # of units = Number of new units is determined as noted in the Table 5K-1: PDU = Persons per dwelling unit based on the most recent census; and 3/1,000 = The nemm„eity stand,rdl of Acres fer of active neighborhood open space required per 1,000 persons, as determined by the fermi I -as ce+ e, i+ it +he Reighherheed eeeR cease Plan, r�r ec emeRd Table 5K-1: Determining Unit Number Zone Unit Number Determined by Single -Family Residential Allowable units based on the followinq dimensional requirements: Lot size, Lot frontage, and Lot width Multi -Family Residential and For every platted lot: Maximum dwelling units per undeveloped Commercial Zones (with residential uses) acre (43,560 divided by the minimum lot area requirement for the highest density residential use allowed in the subject base zone) x 0.65 River Front Crossings and Unit number to be provided by developer at submittal of Eastside Mixed Use Districts preliminary plat application Form -Based Total unit number on Neighborhood Plan Planned Development Overlays (OPDs) Total unit number on Preliminary OPD Plan B. Dedication Cap: The maximum amount of land to be dedicated is 10% of the total acres of land being developed. C. Nature Of Land To Be Dedicated: Except as otherwise required by the city, all dedications of land shall meet the following criteria: Usability: At least ninety percent (90%) of the land required to be dedicated shall be located outside of floodways, lakes or other water bodies, areas with slopes greater than fifteen percent (15%), wetlands subject to federal or state regulatory jurisdiction and other areas the city reasonably deems unsuitable for neighborhood open space due to topography, flooding or other appropriate considerations. Dry bottom storm water detention facilities and dry creek areas may be credited toward reaching a portion of the required land dedication when the city determines that such areas are suitable for use as neighborhood open space. Pedestrian/bicycle trails and private open space that is publicly accessible may be credited toward reaching the required land dedication when the city determines that such areas are suitable for use as neiahborhood oxen space. The city encourages the dedication of lakes, ponds, creeks, other water bodies, wetlands falling under the jurisdiction of state or federal agencies and other sensitive areas including woodland areas, both as ten percent (10%) of and in addition to the dedicated land required by this article, if sufficient abutting land is dedicated as a usable, public recreation area or park. 2. Unity: The dedicated land shall form a single parcel of land, except where the city determines that two (2) or more parcels or greenways/trails would best serve the public interest, given the type and distribution of neighborhood open space needed to adequately serve the proposed development. If the city determines that two (2) or more parcels would best serve the public interest, the city may require that such parcels be connected by a dedicated strip of land at least twenty feet (20') wide in order to provide access and continuity between said parcels. 3. Location: The dedicated land shall be located so as to reasonably serve the recreation and open space needs of the residents of the subdivision GF plaRRed deVelOpMeR4 4. Shape: If a sufficient amount of land is dedicated to accommodate recreational facilities and activities, such as fields, courts or playground equipment, the shape of the dedicated land shall be suitable for such facilities and activities. Linear open space should be of sufficient width to accommodate trails and adjacent greenways. 5. Access: a. Greenways/Trails: Public access to greenways/trails shall be provided by a public access easement at least twenty feet (20') in width. In addition, greenways/trails shall be connected to existing or proposed greenways/trails on adjacent property. b. Parks: Public access to the dedicated land to be used for parks shall be provided either by adjoining public street frontage or by a dedicated public access easement at least fifty feet (50') in width, which connects the dedicated land to a public street or right of way. The grades adjacent to existing and proposed streets shall permit reasonable access to the dedicated land. The parcel shall be safely accessible to pedestrian traffic. 6. Responsibility For Site Preparation: a. The city may require the subdivider or developer to grade and seed those portions of the dedicated land to be improved prior to dedication of the property and prior to the city's acceptance of the dedication. b. Where the dedicated land is located adjacent to a street, the subdivider or developer shall remain responsible for the installation of utilities, sidewalks and other improvements required along that street segment. c. Prior to dedication, the subdivider or developer shall be responsible for restoring satisfactory ground cover and controlling erosion on land to be dedicated that has been disrupted as a result of development activities by the subdivider or developer. D. 4;-. Procedure For Dedication Of Land: The dedication of land shall be reviewed as part of the preliminary subdivision plat or Preliminary PlaRRe I i-eVeInPmont Plan Whv+heVeF is applil+ The subdivider or developer shall designate the area or areas of land to be dedicated pursuant to this article on the preliminary subdivision plat GF PlaRRed rdeVeIGPR;eRt plan. Where wetlands have been delineated on the property, the preliminary subdivision plat or Planned rdeVeIGPR;eRt r,43n shall also identify the boundaries of such wetlands. 2. Upon receipt of the preliminary subdivision plat, the rommi initY deVeIor,mont (PGD director of neighborhood & development services (NDS) shall submit a copy to the director of parks and recreation rdiror++or of the depaFtMeRt of narks ;ni-1 ror+roa+inn for review by the i4arks and fecreation commission. The -parks and fecreation commission shall submit recommendations concerning the land to be dedicated to the planning and zoning commission within twenty-one (21) business days of the receipt of a complete application for preliminary subdivision plat er preliminary plaRRed rdeVeIGPH;eRt 3. Once the final subdivision plat OF final plaRRed devel pmep+ is approved, and any public improvements required to be installed by the subdivider or developer within the land to be dedicated have been installed, approved, and accepted by the city, and the subdivider or developer has completed site preparation pursuant to subsection B6 of this section, the subdivider or developer shall provide a properly executed warranty deed conveying the dedicated land to the city within two (2) years of final plat approval (^r final plaRRed rdeVeIGr,mon4 a eva4-�or by the time the city issues fifty percent (50%) of the certificates of occupancy for the subdivision, at the discretion of the city, or as otherwise specified in the subdivider's or developer agreement. 4. The city shall formally accept the dedication of land for open space, parkland or greenways/trails by resolution. (Ord. 05-4186, 12-15-2005) D. Amend 14-5K-4, Payment of Fees in Lieu, by deleting the strikethrough text and adding the underlined text: A. General: The payment of fees in lieu of dedication of land may occur at the request of the subdivider or developer with approval by the city, or may be required by the city. The payment of fees in lieu of land dedication shall be reviewed and approved as part of the preliminary subdivision plat nr r'rolimiRaFy PIGIRRe d r eVelOpMeR4 B. Request By Subdivider Or Developer: 1. If a payment in lieu of open space is requested, the subdivider or developer must include such request in a letter submitted with the application for a preliminary subdivision ^r preliminary plaRRed r eVelOpMeR+ whichever is applicable. 2. The director of neighborhood & development services (NDS) will forward a copy of the preliminary subdivision plat nr preliminary plaRRed deVeIGPRIen+ along with a copy of the letter requesting payment of fees in lieu of land dedication to the director ^f the i-epaF+. eRt of parks and recreation for review by the parks and recreation commission. The commission shall submit any and all recommendations concerning the payment of fees in lieu of dedication to the planning and zoning commission within twenty one (21) business days of the date a complete application for preliminary subdivision plat ^r plaRRed deVeI^r,.,,eRt is submitted. 3. The planning and zoning commission will consider the request for payment of fees in lieu of land dedication during the subdivision ^r plaRRed deVeIGPH;eRt review process and forward its recommendations to the city council. C. Determination Of Fees In Lieu Of Dedication Criteria: The city may, at its discretion, require the payment of fees in lieu of the subdivider dedicating land, if the city finds that all or part of the land required for dedication is not suitable for public recreation and open space purposes, or upon a finding that the recreational needs of the proposed subdivision can be met by other park, greenway, or recreational facilities planned or constructed by the city within reasonable proximity to the subdivision. The city shall consider the following factors in making its determination: 1. Recreational and open space elements of the city comprehensive plan, as amended, and the relation of the subdivision to the proposed open space and recreational areas; 2. Topographic and geologic conditions of the land available for dedication; 3. Size, shape, location of and access to the land available for dedication; 4. The character and recreational needs of the neighborhood where the subdivision is located; 5. The costs of developing open space and recreational areas in the subdivision; 6. The actual or potential development of open space and recreational areas on land adjacent to the subdivision which will serve the needs of the subdivision; 7. Recommendations of staff, the parks and recreation commission and the planning and zoning commission; and 8. Any other relevant information. D. Time Of Payment: Fees in lieu of dedication must be paid in full by the subdivider/developer prior to the issuance of the first building permit for a lot in the subdivision ^r plaRRed deyelopme„+ E. Amount Of Payment: The fee shall be equal to the fair market value of the land that ftabotherwise would have been required for dedication. The fair market value of the undeveloped land shall be determined by a qualified real estate appraiser or by other means whe+s-acceptable to both the city and the subdivider or developer. The city and subdivider/developer will equally share the appraisal costs. (Ord. 05-4186, 12-15- 2005) E. Amend 14-5K-5, Requiring Both Dedication of Land and Payment of Fee, by deleting the strikethrough text and adding the underlined text: The city may, at its discretion, require a subdivider devel^rmon+ to dedicate a portion of the land required under the formula set forth in this article, and also to pay a fee in lieu of dedication for the remaining portion of the land by said formula. The fee for the remaining portion shall be determined by a qualified real estate appraiser or by other means whe isacceptableto both the city and subdivider or developer. The city and subdivider/developer will equally share the appraisal costs. (Ord. 05-4186, 12-15-2005) F. Amend 14-5K-6, Use of Funds, by deleting the strikethrough text and adding the underlined text: A. The neighborhood open space district boundary map (see figure 5K-1 of this section), divides the city into neighborhood open space districts. All payments in lieu of dedication shall be deposited in a special neighborhood open space account designated by the name of the contributing development. All payments will be used to acquire or develop open spaces, parks, recreation facilities and greenways/trails that are located within the neighborhood open space district containing the subject subdivision er planned deVe'GPR;eR, and will benefit the residents of the subdivision planned deVelGPRgeRt for which payment has been made. FIGURE 5K-1 Neighborhood Open Space District Boundary Map Legend 0 Iowa City Boundary b�eira�b s Z Iowa City Growth Area '13th Snte��te 8p 340th St NE Clear Creek Greenbelt 2 U )th Sr or ; ville wwerH, {3• a,,, 4 -1��®� 61anchRd Lo' rW. Rd SEBranch 1f1f � =t Melrose' a re;. > Ave 4 m r yhts' y 1 ap v y het P! EE N 4201h St bE,„ tP9��y1 — ��d4? ����f ♦ I ee East j/• [zaak 6�� ! Osage St SE 8 St SW ; Walmn Rd L���• N N waa Breckenrio, e tes Suurcis: Esn, oni um,6 n in,FAO,NOAA, US6S, ©`�pen5treethAap coEsta n to bu U) and the 6lS User Miles commuory 0 0.250.5 1.5 2 n B. The city must use the payment in lieu of dedication within five (5) years from the date received. This period will be automatically extended an additional five (5) years if the subdivider/developer has not constructed at least fifty percent (50%) of the units within the subdivision ^F plaRRed deVel PMeRt for which payment in lieu of dedication has been made. C. If the city has not spent the funds by the last day of the five (5) year period or, if extended, by the last day of an additional five (5) years, the city shall, within ninety (90) days thereafter, mail to the property owner, at the address on file with the Johnson County treasurer's office, a proportional refund based on the percentage of the platted lots they own of the total platted lots in the subdivision ^r plaRRed deVeIGPMeR+. The subdivider's agreement/development agreement for each subdivision�plaRRed deyelepn;er# for which the subdivider/developer has made payments in lieu of dedication shall inform all property owners and successors in interest to properties in the subdivision 'hared deVeIGPMeRt of the right to a refund as provided for herein. (Ord. 05-4186, 12-15-2005) I DRAFT LAND SUBDIVISION CODE TEXT G. Amend 15-3-5, Neighborhood Open Space Requirements, by deleting the strikethrough text and adding the underlined text: A. Intent And Purpose: The neighborhood open space requirements are intended to ensure provision of adequate usable neighborhood open space, parks and recreation facilities in a manner that is consistent with the ReighbGFhGGGI GpeR GpaG(, parks master plan, as amended, by using a fair and reasonably calculable method to equitably apportion the costs of acquiring and/or developing land for those purposes. Active, usable neighborhood open space includes pedestrian/bicycle trails preferably located within natural greenway systems, private open space that is publicly accessible, and also ORGIUde neighborhood parks that serve nearby residents. ergaRiZed cnnr+c B. Dedication Of Land Or Payment Of Fees In Lieu Of Land Required: The dedication of land shall be reviewed as part of the preliminary subdivision plat. As a condition of approval for preliminary plats containing residential uses resid-a—ptial s h-d-i„isinnc -;;P rnmmorni�l ci ihrJi1iicinnc nnn+ainiRg rocirJori+i�i , ��o�, the applicant shall dedicate land or pay a fee in lieu of land, or a combination thereof, for park, greenway, recreational and open space purposes, as determined by the city and in accordance with the provisions of title 14, chapter 5, article K, "Neighborhood Open Space Requirements", of this code. (Ord. 08-4313, 8-26-2008) ATTACHMENT 2 2017 Neighborhood Open Space Boundary Map N -WE Neighborhood Open Space t District Map (2017) N3 ILI", A NW1 sw6 swi SW3 SW5 SW4 SW2 n 1 2 RAil" N2 1 N1 NE1 �• I - C1 C8 NE3 -- �� C2 tNE2C6 C7 . - C3 C4 SEI C5 � SE3 SE2 52- Sl - S3 ATTACHMENT 3 Neighborhood Open Space Boundary Map Proposed Update Legend Q Iowa City Boundary Iowa City Growth Area 12th cnterstat. N Brown Deei 3 Golf lub 34oth St NE .r i Clear Creek Greenbelt 'A a ro a 0 v r 2RX m ��b or lville :) e� dt"&0 ■1 Lower BrahchRt Lower West Branch R V TRd ICA Now Melrosee\ Y rs;t , Y n m Ave ei!jhts o 1 � yy �0South 39;� tLOh<e ��f o: E m 420th St SE„, 9 Nt�h,NaV . ado �� a East 96� f0 j a a Z Izaak s Osage St SE G St SW WaltonRda m 7 ►�� N 3 © Breckenrid7e yqw—Estates r es: Esn, omTom, G rmin, FAO, NOAA, USGS, ©ppenstreetMap ca'PRributors, and the GIS User Miles 0 0.25 0.5 1.5 2 " �, x Community o ATTACHMENT 4 Summary Review of Other Jurisdictions Formula City Iowa City State IA 2022 Population 75,233 Ordinance Link 14-5K Formula for Land to be Dedicated Acres of undeveloped property (0.65 x max DU) x Persons/DU x 3/1000 Category 1 Santa Cruz County CA 136,086 Chapter 15.01 p of units x Persons/DU x 5/1000 2 Pleasant Hill IA 11,186 Chanter 172 p of units x Persons/DU x 5/1000 2 Dallas Center IA 1,955 170.13 p of units x Persons/DU x 10/1000 2 Waukee IA 29,167 Chapter 179 p of units x Persons/DU x 6.5/1000 2 Fort Worth TX 956,709 G-16592 p of units x Persons/DU x 3.25/1000 2 Single -Family: p of units x Persons/DU x 9.4/1000 [Persons/DU based on Density] Austin TX 974,447 Article 14 Multi -Family: [p of units x 5/1000]+ [p of hotel/motel rooms x 4/1000] 2 Fayetteville AR 99,285 166.04-B-4-I Single-Family:.023 acres x p of units 3 Multi-Family:.02 acres x p of units Single -Family Detached: 1110 sq.ft. x p of units Norwalk IA 14,177 176.06 Single -Family Attached: 740 sq.ft. x p of units 3 Multi -Family: 592 sq.ft xp of units Mobile Home: 1,044 sq.ft. x p of units Chapter 22, Article V Downtown:(.0066 acres xp units) +(100 sq.ft. xp of employees) Minneapolis MN 425,096 Other Areas: (.01 acres x p units) + (100 sq.ft. x p of employees) 3 Residential: 150 sq.ft. x#units Commercial: 28 sq.ft x new floor area/1000 Saint Paul MN 303,176 63.7 Industrial: 11 sq.ft. x new floor area/1000 3 Wholesale, warehouse, & storage: 6 sq.ft. x new floor area/1000 Single -Family: 1 acre per 48 DU College Station TX 124,319 Sec. 8.8 Multi -Family: 1 acre per 83 DU 3 [see code for calculation details] p of units x Square Feet Madison WI 272,903 16.23.6.f [sq.ft. is prescribed in the code for each unit e] 3 .1 x acreage of buildable land Brooklyn Park MN 83,324 151_061 [10%of land is required] 4 West Saint Paul MN 21,794 Title XV: Chapter 152 .08 x acreage of buildable land 4 [8%of land is required] Residential: [DU/acre = %of buildable area] Blaine M N 71,739 Article V: 75-130 0-1 = 591, 2-3 = 10%, 4-5 = 12 %, 6-7 = 14%, 8-12 = 16%, 13-16 = 18%, For each unit over 16/acre, add 0.5%. 4 Commercial & Industrial: 3% .1 x acreage of buildable land Stearns County MN 158,292 625 [10%of land is required] 4 Altoona WI 9,1 39 18OS Acres of Undeveloped Property x.05 4 [5%of land is required] Residential: (95%of the current fair market value of the city -owned parkland and park improvements/the current umber of city residents) x (p units x persons/DU) Bloomington MN 79,107 22.1 Commercial:(10% of the current fair market value of the city -owned parkland and park improvements/the 5 rent number ofjobs) x (sq.ft. new floor area x employees/1000 sq.ft.) City Iowa city Acres of Undeveloped Property/Buildable Land X Average Development Density Occurring in City X Data Points Maximum Dwelling Units per Undeveloped Acre X Used in Land Dedication Formula Persons Per Dwelling Unit (# listed in each code) X Park Service Level (acres of rr residents) X Number of Units/Lots Set Area Required Santa Cruz County X X X Pleasant Hill X X X Dallas Center X X X Waukee X X X Fort Worth X X X Austin X X X Fayetteville X X Norwalk X X Minneapolis X X Saint Paul X X College Station X X Madison X X Brooklyn Park X X West Saint Paul X X Blaine X X Stearns County X X Altoona X X Bloomington X X ill Iowa City Applicability Residential Subdivisions Other Elements of the Code Park Dedication Max Additional Fees Exemptions None None None None None None Credits Previous park -citation or fees Santa Cruz County Residential Subdivisions 25%of acreage in the 100-year floodplain that is dedicate Subdivision of Land, Plat of Subdivision, PUD, Site Plan %of total acres being developed (varries trail easement area, 1 acre of stream buffer =.1 acre of Pleasant Hill for Residential Development based on unit Type: 5-15%) None Minor subdivisions (nod definition) open space, value of parkimprovements installed Dallas Center Subdivisions, Site Plan, PUD, Conditional Use Plan, Area None None None None Develo ment Plan. Waukee Residential Subdivisions None None None Value of park improvements installed, private parkland Park Development Fee: $115,000.00/acre of Value of park improvements installed, private open space Fort Worth Residential Subdivisions None dedicated land None [credit up to 50%,50-75% Director Approval,> 75% Council Approval] 50% of acreage in the 100-year floodplain that is Austin Subdivisions, site fans, building is adding P g permits g Sin le-Fam: 15% of total acres being g g None certified S. M.A. R.T. HousingPolicy units, cY uni dedicated, privately owned and maintained parkland for residential or hotel units developed, Multi -far: 10% income restricted units public use Fayetteville Residential Subdivisions, development that creates 1 or None None None None ore residential unit. Norwalk Residential Subdivisions None None None Value of park improvements installed Any development that results in a net increase in Admin Fee: 5%of dedication fee ($1,000 tax parcel splits, minor subdivisions, lot line Enter into an agreement for the private development Minneapolis employees and/or residential dwelling units 10%of total acres being developed cap) adjustments, conversions of apartments to and/or maintenance of land for public use condominiums. All affordable housing units Commercial <5,000 sq.ft. added, Industrial < Saint Paul Any development that results in a net increase in Residential: 4.5%of acres being developed. None 12,500 sq.ft. added, warehouse <2,5000 sq.ft. Enter into an agreement for the private development employees and/or residential dwelling units Other: 0.5%of acres being developed added and/or maintenance of land for public use Park Development Fee: $4,150 per single- Private park and ammenities (25%), value of park CollegeStation pment of land for residential use Development None fam unit, $1,486 per mu Iti-fam unit Affordable Housing improvmen is installed Residential Sites, Land Divisions, PUD, Residential Madison BuildingComplexes None None None Private) Oned wo credited y- pen space Plat, replat or subdivision of land allowing development Brooklyn Park for residential, commercial, industrial None None None None West Saint Paul all platting that involves development or None None land that park dedication has been received Priva par Partial creditfor to kland redevelopment that is being re -platted with the same p of lots The water surface area of required holding Blaine Whenever an land in the city subdivided b Y Tyis su by None None ponds shall not be included in the gross area Previous park dedication or fees process for the talc. Residential Subdivisions that create less than 3 Stearns County Residential Subdivisions with 3 or more new units 10%ofthe Estimated Market Value None units None Altoona Subdivisions and Developments $300 per lot None None Value of park improvements installed Bloomington Any development that results in a net increase in None None None Previous park dedication or fees employees and/or residential dwelling units ill Iowa City Other Elements of the Code When # of Units is Unknourn I.. ln U.. Based Appraised Fair Market Value Santa Cruz County maximum number of such units permitted by the existing zoning Assessor's or Appraised Fair Market Value Pleasant Hill Appraised Fair Market Value Dallas Center Appraised Fair Market Value Waukee maximum number of such units permitted by the existing zoning No fee in lieu option Fort Worth Appraised Fair Market Value density is assumed to be the highest permitted in the zoning district Austin or applicant may reduce the assumed density 6y agreeing that any (DU/person) x [(avg. purchase price to the City for acquiring an creases in density may require additional dedication of parkland acre of parkland)/(city pop/net park acrage)] $1,089 per additional single-fam DU Fayetteville $952 per additional multi-fam DU Norwalk No fee in lieu option Minneapolis Appraised Fair Market Value $1,200 per additional DU (4.5%of assessor's estimated market Saint Paul value cap) (average fair market value of an acre of land/dwelling units College Station per acre of parks) x (1+adjustment ratio MFU/SFU) Alternative payment times: At platting, installments, at building Madison mit issuance Listed fee per unit(20.08) Brooklyn Park Assessor Fair Market Values West Saint Paul Assessor Fair Market Values Blaine Fair Market Value determined by City Manage and City Council Stearns County Assessor Fair Market Values (10%cap) Land dedication shall be based upon the maximum number of units Altoona permitted by the City Zoning Code Land Acquisition Cost ($300 per lot fee cap) Dedicate or preserve land,easements, or cash = to the lesser of 10% Bloomington of undeveloped land value or calc. of maximum development Assessor Fair Market Values potential Item Number: 7.f. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Resolution setting a public hearing on August 19, 2025 on project manual and estimate of cost for the construction of the ADA Curb Ramps 2025 Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Prepared By: Ethan Yoder - Civil Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Kirk Lehmann - Assistant City Manager Fiscal Impact: $165,000.00 available in the Curb Ramps - ADA account #S3822 Staff Recommendation: Approval Attachments: Resolution Executive Summary: This agenda item begins the bidding process for the ADA Curb Ramps 2025 Project. This Project generally includes removal and replacement of non-ADA curb ramps and sidewalks. Background / Analysis: The locations for the ADA Curb Ramps 2025 Project are based on complaints that have been received for ADA compliant curb ramps and include: Weeber Street and Harlocke Street, Weeber Street and Weeber Circle, and Weeber Street and Edingale Drive, Davis Street and Sandusky Drive, Hollywood Boulevard and Hollywood Court, and Hollywood Boulevard and Delwood Drive (West). Project Timeline: Set Public Hearing - August 5, 2025 Hold Public Hearing - August 19, 2025 Bid Letting - September 11, 2025 Award - September 16, 2025 Construction - September 2025 to November 2025 Prepared by: Ethan Yoder, Engineering Enssion, 410 E. Washington St, Iowa City, IA 52240, (319)356-5145 Resolution No. 25-185 Resolution setting a public hearing on August 19, 2025 on project manual and estimate of cost for the construction of the ADA Curb Ramps 2025 Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Whereas, funds for this project are available in the Curb Ramps - ADA account #53822. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: A public hearing on the project manual and estimate of cost for the construction of the above -mentioned project is to be held on the 19" day of August, 2025, at 6:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. A copy of the project manual and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 5th day of August 20 25 / Ma Approved by Attest: City Clerk City Attorne» s Office (Liz Craig - 07/30/2025) It was moved by Alter and seconded by adopted, and upon roll call there were: Moe the Resolution be Ayes: Nays: Absent: x Alter x —� Bergus Hannsen x Moe x Salih x Teague x Weilein Item Number: 7.g. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Resolution setting a public hearing on August 19, 2025 on project manual and estimate of cost for the construction of the 2025 Summer Sidewalk Repair Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Prepared By: Tyler Olson — Civil Engineer Reviewed By: Jason Havel — City Engineer Ron Knoche — Public Works Director Kirk Lehmann — Assistant City Manager Fiscal Impact: $230,000 available in the Sidewalk Inspection Operating Budget account #22710220 Staff Recommendation: Approval Attachments: Map Resolution Executive Summary: This agenda item begins the bidding process for the 2025 Summer Sidewalk Repair Project. This annual project includes removal and replacement of deficient sidewalk as part of the City's Sidewalk Repair Program. Background / Analysis: Safe, pedestrian -friendly neighborhoods are a priority for our community. An important component of this is the City's sidewalk repair program, developed to provide for the maintenance of sidewalks within Iowa City. Iowa Code Section 364.12(d) and Iowa City Code Section 16-1 C-3(c) provides the City of Iowa City the ability to require that the maintenance and repair of public sidewalks be the responsibility of the adjoining property owner. For the purposes of this program, Iowa City is divided into 10 geographical areas. Each year, the sidewalks in one of the ten areas are thoroughly inspected in accordance with the criteria established by the City Engineer to determine if repairs are necessary. For this year's project the inspections were done in area number 9 which includes the Eastside and Windsor Ridge communities. In addition, sidewalks are inspected outside of the geographical area if a complaint is received on the condition of a sidewalk. Project Timeline: Public Hearing / Approve Project Manual: August 19, 2025 Bid Letting Date: September 10, 2025 Contract Award Date: September 16, 2025 Construction Dates: Fall 2025 to Spring 2026 L-2 Cleear'Ci�elt Green �! � rn � � • Peninsula Park Outdoor Research Area �6 Finkbine Golf Course � I 1 I Legend i • Fall 2025 Completion Date • Spring 2026 Completion --- Date / J �l Hiekory Hill ll1Park I r— o 04 I I I \ l I i •� I I t � I_ El so •t I \ ❑ L • City 0 a City REPAIR LOCATION MAP 2025 SUMMER SIDEWALK REPAIR PROJECT - SHEET A.01 Prepared by: Tyler Olson, Engineenng Drosion, 410 E. Washington St., Iowa Cfly, IA 52240, (319)356-5416 Resolution No. 25-186 Resolution setting a public hearing on August 19, 2025 on project manual and estimate of cost for the construction of the 2025 Summer Sidewalk Repair Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Whereas, funds for this project are available in the Sidewalk Inspection Operating Budget account #22710220. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: 1. A public hearing on the project manual and estimate of cost for the construction of the above - mentioned project is to be held on the 19"day of August, 2025, at 6:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby authorized and directed to publish notice of the public headng for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. A copy of the project manual and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 5th day of August 20 25 M Approved by , Attest: City Clerk City Attome s Office (Liz Craig - 07/30/2025) It was moved by Alter and seconded by adopted, and upon roll call there were: Moe the Resolution be Ayes: Nays: Absent: x Alter x Bergus x Harmsen x Moe x Salih Y Teague x Weilein Item Number: 7.h. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Resolution of intent to consider the proposed conveyance of a Utility Easement on and under portions of City property near Park Road to accommodate replacement of the City Park Pool and setting a public hearing on said proposal for August 19, 2025. Prepared By: Reviewed By: Fiscal Impact: Staff Recommendation: Commission Recommendations: Attachments: Exhibit Utility Easement Resolution Alexandra Bright, Asst. City Attorney Eric Goers, City Attorney None Approval N/A Executive Summary: In order to effectuate construction of the new City Park Pool, new utility lines are required. Those lines will require new easements. Background / Analysis: The immediate need is for MidAmerican Energy Company electric lines, but will also be available for other utility companies to utilize in the future. -6ePum 6Y - - . Nus "N""¢ Inc. lslr : amrr sr. avd an. Imw mea (119U51-B1B1 NEST 1/4 CORNER SEC. 3-T79N-R61 FOUND BRASS CLEAOUT PLAT B. 60 P. 59 , OAKRIDGE ' 60.00'(R) FOUND REPAR s v e,xsT nc O A UTILITY LnI P S EASEMENT A I 0.36 AC. �I POINT ?GINNING:;.Z Lru EASEMENT EXHIBIT UTILITY EASEMENT IOWA CITY, JOHNSON COUNTY, IOWA DESCRIPTION : UTUTY EASEMENT THAT PART OF GOVERNMENT LOT 5 (SW 1/4) OF SECTON 3, TOWNSHIP 79 NORTH, RANGE 6 NEST OF THE 5th P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTON 3; THENCE NOt'40'35"W ALONG THE NEST LINE OF SAID GOVERNMENT LOT 5, A DISTANCE OF 77.05 FEET TO ME POINT OF BEGINNING; THENCE CONTNUING NI'40'35"W ALONG SAID WEST UNE, 15.00 FEET; THENCE N88'19'25"E, 64.27 FEET; THENCE SO'24'08"E, 52.11 FEET; THENCE S87'53'53"E, 15.99 FEET; THENCE S80'00'00"E, 25.78 FEET; THENCE N89'38'00"E, 474.85 FEET; THENCE N75'30'00"E, 26.99 FEET; THENCE N89'30'00"E, 113.68 FEET; THENCE 45'13'40"E, 48.53 FEET; THENCE S8C46'20"E, 10.00 FEET; THENCE S5'13'40"W, 43.73 FEET; THENCE 489'46'00"E, 33.45 FEET; THENCE S81'30'00"E, 14.26 FEET; THENCE N87'00'00"E, 162.31 FEET; THENCE S78-00'00"E, 21.96 FEET; THENCE N86'36'00"E, 132.07 FEED, THENCE N80'00'00"E, 19.55 FEET; THENCE N70'00'00"E, 26.19 FEET; THENCE S86'39'00"E, 149.2] FEET; THENCE N10'24'50"E, 129.16 FEET; THENCE S79'35'10"E, 10.00 FEET; THENCE S10'24'50"W, 136.00 FEET; THENCE N66'39'00"W, 156.04 FEET; THENCE S7 0'00'00"W, 25.00 FEET; THENCE S80'00'00"W, 21.00 FEET; THENCE S86'36'00"W, 134.00 FEET; THENCE N78'00'00"W, 22.00 FEET; THENCE S67'00'00"W, 162.00 FEET; THENCE N81'30'00"W, 14.50 FEET; THENCE S89'46'00"W, 28.00 FEET; THENCE S75'00'00"W, 15.00 FEET; THENCE S89'30'00"W, 113.00 FEET; THENCE S75-30'00"W, 27.00 FEET; THENCE S69'38'00"W, 477.00 FEET; THENCE N80'00'00"W, 26.00 FEET; THENCE N8]'53'S3"W, 24.87 FEET; THENCE NO'24'08"W, 46.46 FEET; THENCE S88'19'25"W, 53.94 FEET TO ME POINT OF BEGINNING, CONTAINING 0.36 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTONS OF RECORD. GOVERNMENT LOT 5 � 5W 1/4 TRANSFORMER SEC. 3-T79N-RGW ElIlTINO POWER , LE w ITH DROP IPNA UTY - UTY LINGProwER' „�LII DROP AND cuy 2 PARKL1- ]].OS'�L38 L5 1 Lfi L7 ___ --�07 � L35 r 3 L33 L}I L3fi.. SOUTHWEST CORNER i 0 - - - PARK ROAD u ........................................................... i.................... SEC. 3-T]9N-R6W FOUND 1"m BRONZE PLUG 19211 PLAT B. 60 P. 379 NOTES: 1) BEARINGS ARE BASED ON ME IOWA STATE PLANE COORDINATE SYSTEM (SOUTH ZONE) UBRARY CAUBRATIONj USING ME IOWA REAL TIME NETWORK (RI) N11H DANM PA NAD83 (2011) EPOCH 2O10.000 IN U.S. SURVEY FEET. THE R� DISTANCES SHOWN ON ME PLAT ARE GRID DISTANCES. 2) THE EASEMENT N10RH IS 10 FEET WEE EXCEPT FOR THE FIRST LEG ON THE NEST ENO WHICH IS 15 FEET WOE. ME EASEMENT IS PRIMARILY 10 FEET ADJACENT TO AND $ NORTHERLY OF ME EXISTING SIDEWALK MAT RUNS EAST -NEST ON ME NORTH SIDE OF PARK ROAD. RRR rEmml aI ` " III 111®200 GRAPHIC SCALE IN FEET 1"-200' IIII�II�I� III�II�III ®II�® ®II�IiI IIII�II�1�JJI�I�y� ®I�IiI ®IiiiY�711� III�I�II IIII�I�I� ®III IIII�I�II� III�I�IiI IIII�I�IIII� ®III IIII�II�IIY� III�I�IiI III�I�I� ®I�1�II� ®II�II� III�ICiiC�ll ®II�I� ®I�ii�llll III�II�J�1�JII� ®�aJ�II�II ®I�iii�ill� III�II�II SOUTH 1/4 CORNER SEC. 3-T79N-R6W FOUND SCM PLAT B. 57 P. 178 LEGEND AND NOTES ramuprNN to eof p - WxxFR �efIIME POsr PF�O�PF'E(9) nnaeiejx0 (oe noaal a� nar my n m R'erenlanal \ma 5u�°av (ae a A�gSIONA(� F �1 ,eLx9rSwle (LJlw�l ry11. (smi.Y �Plusnc CAD M.CIA- T ® nc cry snxo,[ _ Yx�/ ____ _____ _ - _ xEs uxEs ?i:, 15)49 ` s x ,tree e. o l ]026 Itcmx rme.n Bate a emnem ,. -- cor NUEs Purrm m er o® usmcxr I,— xom a PU,sos[ norm ---_ r(---_---_---. - Exenxe msmmr Uxes. -RC. norm +c� �4mnx A 4 mpm Im\uup °� Paam m amm� cowed ev m a deal. M M s CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS IOWA CITY, IOWA 52240 (319) 351-8282 nnuu--l-c..l R.- P.+ 0- 1 ReN.iox 07/292025 PERCITY COMMENT&tlmw EASEMENT EXHIBIT UTILITY EASEMENT MIDAMERICAN ENERGY CITY PARK IOWA CITY, JOHNSON COUNTY, IOWA MMS CONSULTANTS, INC. Dot` 06/18/2025 SUrveyd:E by. RI Bcok No: RRN/TEH 1417/1420 0rzwx by. SC.": DMW 1" = 200' Ch-keE by Sheet No: RRN 1 Project No: 4863-098 of: 1 Prepared by and Return to: Eric Goers, Iowa City Attorney's Office, 410 E. Washington, Iowa City, IA 52240; (319) 356-5030 UTILITY EASEMENT In consideration of One and no/100 Dollar ($1.00), and other valuable consideration, Grantor, the City of Iowa City, a municipal corporation, hereby grants to MidAmerican Energy Company, and their successors and assigns (collectively referred to as "Grantees"), a perpetual, non-exclusive easement to construct, attach, reconstruct, operate, maintain, inspect, replace or remove electric supply line(s) for the transmission and distribution of electric energy and for communication and electrical controls, including other reasonably necessary enclosures, cabinets, switching equipment, measurement and monitoring equipment, ground rods, and other reasonably necessary equipment incident thereto (collectively "Facilities"), under, upon and on the surface of the ground, through and across certain property described below, together with the right of ingress and egress to and from the same, and all the rights and privileges incident and necessary to the enjoyment of this easement ("Easement Area"). Grantees shall further have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground located in the easement area, and other equipment or appurtenances agreed to by Grantor above the surface of the ground as may be necessary for the purpose of serving the property with electricity, gas, and communication service, together with the right of ingress and egress to and from the same, and all the rights and privileges incident and necessary to the enjoyment of the Easement Area. DESCRIPTION OF PROPERTY CONTAINING EASEMENT AREA: Government Lots Five and Six (5 & 6) in Section Three (3), Township Seventy -Nine (79) North, Range Six (6) West of the Fifth P.M. being all of said Section West and South of the Iowa River including an island at the Northeast corner of said above -described tract. (the "Property"). EASEMENT AREA: A 0.36 Acre underground utility easement over, under, across and through part of the previously described property, more accurately described and depicted on the Easement Exhibit attached hereto and made a part hereof. The easement width is 10 feet wide except for the first leg on the west end which is 15 feet wide. The easement is primarily adjacent to and northerly of the existing sidewalk that runs east -west on the north side of Park Road. Grantor, its successors in interest and assigns, reserves the right to use said easement areas for purposes which will not interfere with the Grantees' full enjoyment of the rights hereby granted; provided that Grantor shall not erect or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Sidewalks and driveways may be constructed on the easement areas. No permanent dwellings or trees or fences shall be placed on the areas so designated for utility easement, but the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Grantees shall repair any damage caused by Grantees within the easement areas. Dated this day of , 2025. GRANTOR CITY OF IOWA CITY, IOWA Bruce Teague, Mayor ATTEST: Approved by LN City Attorney's Office Kellie Grace, City Clerk STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this day of , 2025, 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. Notary Public in and for the State of Iowa J'h Prepared by: Alexandra Bright, AssL City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5038 Resolution No. 25-187 Resolution of intent to consider the proposed conveyance of a Utility Easement on and under portions of City property near Park Road to accommodate replacement of the City Park Pool and setting a public hearing on said proposal for -August 19, 2025. Whereas, MidAmerican Energy Company has requested that the City grant to it a utility easement across and under City -owned property near Park Road; and Whereas, MidAmerican is making this request to facilitate replacement of the City Park Pool; and Whereas, the City wishes to convey an easement for use by other utilities within the same space, should other utilities at some later point wish to access the same structures; and Whereas, it is in the best interests of the public, and the City, to grant the utility easement. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The City Council does hereby declare its intent to consider the conveyance of a utility easement across and under City -owned property near Park Road, Iowa City, Iowa in furtherance of the replacement of the City Park Pool. 2. A public hearing on said proposal should be and is hereby set for August 19, 2025, at 6 p.m. in Emma J. Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 5th day of August , 2025. M 11 Approved Attest: I City Clerk City ms Offi ce Resolution No. 25-187 Page 2 It was moved by Alter and seconded by Noe the Resolution be adopted, and upon roll call there were: Ayes: x --3r— x x x x x Nays: Absent: Alter Bergus Harmsen Moe Salih Teague Weilein Item Number: 7.i. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Resolution of intent to consider the proposed conveyance of a portion of the sanitary sewer easement located within lot 1 of the McGrath subdivision to Warrior Enterprises, LLC. and setting a public hearing on said proposal for August 19, 2025. Prepared By: Reviewed By: Fiscal Impact: Staff Recommendation: Commission Recommendations Attachments: Resolution Exhibit Alexandra Bright, Asst. City Attorney Josh Slattery, Senior Engineer Eric Goers, City Attorney N/A Approval N/A Executive Summary: In order to allow the owner of 1515 Willow Creek Drive to construct a shop building on the property, it is necessary to vacate an unused portion of a sanitary sewer easement on the property. Background / Analysis: The easement area was only intended to service this lot, and Applicant owns the entirety of the Lot containing the relevant portion of the easement. That portion of the easement has never been used and the lot is adequately served by sanitary sewer service, and thus is of no benefit to the public. Prepared by: Alexandra Bright, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5038 Resolution No. 25-188 Resolution of intent to consider the proposed conveyance of a portion of the sanitary sewer easement located within lot 1 of the McGrath subdivision to Warrior Enterprises, LLC. and setting a public hearing on said proposal for August 19, 2025. Whereas, the applicant, Warrior Enterprises, LLC, requested that the City convey that portion of the sanitary sewer easement located on the west most 76.7 feet of the existing 20 foot wide sanitary sewer easement located within Lot 1 of the McGrath Subdivision Final Plat, Recorded on December 30, 2022, Book 66 Page 140, and as shown on the attached Sanitary Sewer Easement Vacation Exhibit, in order to construct a shop building; and Whereas, the Applicant owns the entirety of Lot 1 of the McGrath Subdivision containing that portion of the Sanitary Sewer Easement; and Whereas, the original easement area was intended only to provide service to this lot and is not needed for providing sanitary sewer service to any adjacent properties, and is thus of no benefit to the public; and Whereas, this lot is adequately served by sanitary sewer service; and Whereas, because that portion of the easement has never been used and is of no benefit to the public, this conveyance is made without additional compensation paid to the City. Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that 1. The City Council does hereby declare its intent to consider the conveyance of that portion of the sanitary sewer easement located on the west most 76.7 feet of the existing 20 foot wide sanitary sewer easement located within Lot 1 of the McGrath Subdivision, Recorded on December 30, 2022, Book 66 Page 140, as shown on the attached Sanitary Sewer Easement Vacation Exhibit, to Warrior Enterprises, LLC via quit claim deed. 2. A public hearing on said proposal should be and is hereby set for August 19, 2025, at 6 p.m. in Emma J. Harvat Hall at City Hall, 410 E. Washington St., Iowa City Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 5th _day of August ,2025. ayor Approved by Attest: kr ( �h (.1 p . City Clerk City Attomey O Ice — 07/31/2025 Resolution No. 25-188 Page 2 It was moved by Alter and seconded by nee 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 (W) (W) ( W) ( W) W) N35° 17' 26"E 50. S89° 51' 12"W 45.69 S89° 47' 10"W 156.63' -TELE 9.=A5ElO1= C W) WILLOW CREEK DR 04 �y W 1 Q Q �W o � J 20'X76.6' PORTION OF EXISTING SANITARY SEWER EASEMENT TO \ BE VACATED. O 7 \ N6g r7 \ � 0 C j coNSFR io qs \ m 4° 38' 11"E 50.00' \ F fMFAl ��, �/ rs� O j LEGAL DESCRIPTION THE WEST MOST 76.6 FEET OF THE EXISTING 20 FOOT WIDE SANITARY SEWER EASEMENT LOCATED WITHIN LOT 1 OF THE MCGRATH SUBDIVISION FINAL PLAT RECORDED ON DECEMBER 30, 2022 BK66 PG140, TO BE RELEASED AS SHOWN HEREON. ut C'� &CHECKED BY SHEET TITLE: JDKED PROJECT NO.: SANITARY SEWER EASEMENT VACATION DATE 23 0135 I �� 07-31-2025 CONSULTANTS PROJECT NAME: CURRENT REV: SHEET NUMBER: WWW.AXIOM-CON.COM 1 (319) 519-6220 WILLOW CREEK MCGRATH 1 23-0135 Jul1, 2025 - 1am M: PR JET - arc ive 5 - Brost - 1515 Willow Creek Drive 5 Design IVI - ury (Z 0 25 50 1" = 50' Sanitary Abandon Exhibit Item Number: 7.j. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Resolution of intent to consider the proposed conveyance of an electric line easement to ITC Midwest LLC and setting a public hearing thereon for August 19, 2025. Prepared By: Ron Knoche — Public Works Director Reviewed By: Jonathan Durst — Water Superintendent Kirk Lehmann — Assistant City Manager Fiscal Impact: $27,212.60 in revenue Staff Recommendation: Approval Attachments: Resolution Easement and Agreement Executive Summary: ITC Midwest LLC desires to increase the width of an existing electric line easement to upgrade an electrical transmission line within the City of Iowa City property located on Lot 1 of the East Side Ground Storage Reservoir Subdivision east of Taft Avenue and north of Lower West Branch Road. Staff has negotiated the terms and payment for the electric line easement to be paid by the ITC Midwest LLC. Staff recommends approving the resolution and setting the public hearing on the conveyance of the electric line easement. Background / Analysis: JCG Land Services, Inc. contacted the City on behalf of ITC Midwest LLC (ICTM). ITCM will be upgrading their electrical transmission infrastructure by constructing the Beverly — Sub 92 Project in Johnson County. This project will replace an existing transmission line on City of Iowa City property on Lower West Branch Road. The project will upgrade the electrical transmission line to a double circuit 345kV/161 KV transmission line. This will require the existing 100-foot easement to be increased to a 150 foot primary easement and a 25-foot ancillary easement on each side for and overall width of 200 feet. The increase in easement width will not have an impact on the City's future use of the property. The Beverly — Sub 92 Project will be constructed in Johnson County from approximately 5 miles northeast of Lone Tree to approximately 3 miles north of Solon. This electric line easement will allow the ITCM to upgrade, operate and maintain an electrical transmission line on the City of Iowa City property. Prepared by: Ronald R. Knoche, Public Works Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 Resolution No. 25-189 Resolution of intent to consider the proposed conveyance of an electric line easement to ITC Midwest LLC and setting a public hearing thereon for August 19, 2025. Whereas, ITC Midwest LLC (ITCM) has requested the City convey to it an electric line easement and has offered to purchase the easement at fair market value; and Whereas, it is in the public interest to convey an electric line easement to ITCM for fair market value. Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that: 1. The City Council does hereby declare its intent to consider the conveyance of an electric line easement to ITCM, subject to an electric line easement agreement as attached hereto for $27,212.60. 2. A public hearing on said proposal should be and is hereby set for August 19, 2025, at 6:00 p.m. in Emma J. Harvat Hall at City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 5th day of August , 2025 Ma Attest: &4-ce Clerk It was moved by Alter and seconded by adopted, and upon roll call there were: Approved by CityAttome Office — 07/31/2025 Moe the Resolution be Ayes: Nays: Absent: x Alter x Bergus x Harmsen x Moe x Salih Y Teague x Weilein Dxusign Envelope ID: 31FBB383-C3214A1F-B27)EF40A960DB15 Return to: Corey Wilkinson, ITC Midwest LLC, 3165 Edgewood Pkwy. SW, Cedar Rapids, IA 52404 319-297-6023 Prepared B : Holly Fisher, ITQ Midwast LLC, 3165 Etl ewood Pk . SW Cedar Rapids, IA 52404 765414-541 ELECTRIC LINE EASEMENT For good and other valuable consideration, the receipt of which is hereby acknowledged, The City of Iowa City, Iowa, a Municipal Corporation, 410 E Washington Street, Iowa City, IA 52240, and their successors and assigns ("Landowner'), does hereby warrant and convey unto ITC Midwest LLC, a Michigan limited liability company, 27175 Energy Way, Novi, MI 48377, its successor and assigns ("Grantee"), a perpetual easement (the "Easement"), upon, under, over and across the "Primary Easement Area" and the "Ancillary Easement Area" within the "Premises" as described below and shown on Exhibit A, together with all the rights and privileges for the full enjoyment or use thereof for the purpose described below. Premises: Lot 1, East Side Ground Storage Reservoir, Johnson County, Iowa, legally described as follows: A portion of the Northwest one -quarter of Section 8, Township 79 North, Range 5 West of the 5th Principal Meridian, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the West one -quarter comer of Section 8, Township 79 North, Range 5 West of the 5th Principal Meridian, Johnson County, Iowa; thence N89047'59"E, along the Southerly line of the Northwest one -quarter of said Section 8, a distance of 1178.16 feet to a point on the Easterly line of Lot 1, Gnarled Oaks, Johnson County, Iowa according to the recorded plat thereof, recorded in Plat Book 25 at Page 37 in the records of the Johnson County Recorder, and the point of beginning; thence N01042'02"E, along said Easterly line, 441.11 feet to the Northeast corner of said Lot 1; thence N891 370.0 feet; thence SO4°4713"E, 442.28 feet to a point on said Southerly line; thence SW47'59"W, along said Southedy line, 420.00 feet to the point of beginning, containing 4.00 acres and is subject to easements and restrictions of record. Primary Easement Area: The Primary Easement Area being a strip of land 150 feet in width, being 75 feet either side of a center line of the Electric Lines as determined by the placement of new or existing structures on or adjacent to the Premises as shown on Exhibit A. Ancillary Easement Area: The Ancillary Easement Area being two strips of land 25 feet in width lying on either side of, parallel and adjacent to the Primary Easement Area. ITC Midwest Electric Line Easement 10I812024 4873-3651-0166, v. 4 Dacusign Envelope ID: 31FBB363-C3214A1F-B271-6F40MWDB15 Grant of Rights. The Easement includes the following rights: (i) The right, privilege and authority to construct, reconstruct, maintain, upgrade, operate, repair, patrol, replace, relocate and remove an overhead electric and telecommunications line or lines, consisting of poles, towers, crossanns, insulators, wires, guy wires, anchors and other necessary fixtures, equipment and construction for transmitting electricity, communications and all corporate purposes (the "Electric Lines") within the Primary Easement Area; (ii) The right to enter upon the Premises to conduct surveys, including environmental surveys, and soil engineering testing for the Electric Lines; (iii) The right to use the Ancillary Easement Area in connection with the exercise of the rights set forth in i(i); (iv) The right to remove, cut, him, destroy or otherwise control any or all trees, shrubs, bushes, or brush now or hereafter standing or growing upon or within the Primary Easement Area and Ancillary Easement Area, all at Grantee's sole and absolute discretion, together with the right to remove, cut, trim, destroy or otherwise control any or all trees, shrubs, bushes, or brush on the Premises that in the sole and absolute judgment of the Grantee may interfere with maintenance, operation, or use of the Electric Lines or which in falling might touch the Electric Lines; and (v) The right of ingress and egress over and across the Premises to the Primary Easement Area and Ancillary Easement Area for any of the Easement purposes stated herein, by means of existing field roads and lanes, if any, otherwise by the use of the most reasonable and feasible route selected by Grantee in its reasonable discretion, together with the night to construct a temporary road. at Grantee's sole expense, across the route used for ingress and egress, provided that upon the later of Grantee's determination that a temporary road is no longer necessary and Landowner's request to remove. Grantee shall, to the extent reasonably practicable, restore any temporary road area to its condition at the time of entering into this Agreement (vi) The right to extend any or all of the rights granted in this Easement to another entity or person. Reserved Rights. Landowner reserves the right to cultivate, use, install and maintain field tiles or other drainage apparatuses used for farming, and occupy the Primary Easement Area and Ancillary Easement Area in a manner that is not inconsistent with Grantee's rights granted herein, such inconsistency to be determined by Grantee in its reasonable judgment, provided that Landowner shall not perform any act which will interfere with or endanger the Electric Lines. Survey. For one hundred eighty (180) days after completion of construction of the transmission line, Grantee shall have the right, but not the obligation, to supplement Exhibit A with an Exhibit A-1 that will depict the surveyed location of the Primary Easement Area and Ancillary Easement Area in further detail. The survey shall be in such form and content as is acceptable to Grantee in its sole discretion. Landowner hereby agrees that Grantee shall have the right to and is hereby authorized, with or without the joinder of Landowner, to file Exhibit A-1 by affidavit, to amend this Easement to include such Exhibit A-1 or to attach such Exhibit A-1 to this Easement, and to record or re-record such affidavit, amendment or Easement with the new Exhibit A-1. It is understood by the Landowner and Grantee that such Survey shall not alter the location of the Primary Easement Area and ITC Midwest Electric Line Easement 1018I2024 4873-3651-0186, v. 4 Docuslgn Envelope hD 31FBB363-C 21J 1F-B2r7-6FQi,980DB15 Ancillary Easement Area, rather the same will simply he a surveyors depiction and/or metes and bounds descnption of the same. Grantee shall provide Landowner with a copy of the recorded affidavit, amendment or re -recorded Easement. Damages and Repair. Upon reasonable notice to Grantee that damage has occurred on the Premises, Landowner and Grantee shall work cooperatively to identify the damage and to determine the scope of repair or replacement work and/or amount of reimbursement. Notwithstanding the foregoing, at no time shall Grantee be responsible for any damages to the extent that such damage results from Landowners negligence or willful misconduct. Consistent with Iowa Code and as provided in Grantee's most current damages statement. Grantee shall, (i) re -grade, repair and restore, at Grantee's sole expense, any portions of the Premises damaged by Grantee in the exercise of any Of Grantee's rights in this Easement; (it) repair or replace at Grantee's sole expense any property damaged, including but not limited to any actual damage done to drain tiles or other fanning equipment (collectively referred to as "Equipment*) caused by Grantee's exercise of any of Grantee's rights under this Easement. In lieu of the foregoing, Landowner may elect to undertake such repair or replacement of the Equipment and Grantee shall reimburse the Landowner for the actual and reasonable cost of such repair or replacement. Upon reasonable notice to Grantee that damage has occurred, Landowner and Grantee shall work cooperatively to identify the damage and to determine the scope of repair or replacement work and/or amount of reimbursement; and (iii) upon Grantee's completion of construction, operation. maintenance, repair, reconstruction or use of the Electric Lines, Grantee shall reimburse Landowner, or the owner of the crops if different from the Landowner, for the value of any crops damaged by Grantee's exercise of any of Grantee's rights under this Easement. Structures, Trees, Permitted Fences. Landowner shall not erect any buildings, structures or other objects, permanent or temporary (collectively referred to herein as "Structures'), upon the Primary Easement Area. In addition, Landowner shall not erect any Structures upon the Ancillary Easement Area, unless (i) such Structures do not result in a ground or other clearance of less than the minimum requirements specified by the National Electrical Safety Code and any other applicable laws or regulations or other codes in effect from time to time, and (h) Landowner obtains the prior express written consent of Grantee. Landowner further agrees not to plant any trees within the Primary Easement Area and Ancillary Easement Area without prior express written consent from Grantee, nor to perform any act which will interfere with or endanger the Electric Lines. Grantee may remove, at its sole discretion, any existing Structures from the Primary Easement Area and Ancillary Easement Area. In addition, Grantee may remove, at its sole discretion, any prohibited future Structures from the Primary Easement Area and Ancillary Easement Area without prior notice and without responsibility for any damage that occurs as a result of such removal. In the event a fence currently exists within the Primary Easement Area and Ancillary Easement Area as of the date of this Easement (each, a "Permitted Fence'), Grantee may: (1) install and maintain a gating system in the Permitted Fence, of Grantee's choice. in order to obtain access to the Primary Easement Area and Ancillary Easement Area for the purposes of construction and maintenance of the Electric Lines; and (2) cause such Permitted Fence to be removed as Grantee deems necessary provided that Grantee restores such Permitted Fence to substantially the same condition as it existed prior to removal. ITC Midvesl Elearic lire Ea errant 10182024 48713651-0166. v. 4 Dwusign Envelope lD_ 31FBB363C321<A1 F-B2]TEFx0Aa30DB15 6, Public Improvements. Landowner further reserves the right to dedicate and have or permit to be improved, maintained, and used for the purposes of streets, curbs and gutters, sewers, water and underground utilities and pipelines other than field tilesidrainage apparatuses for farming (hereinafter called "Public Improvements"), the portion of said Primary Easement Area and Ancillary Easement Area not occupied by the structures supporting Grantee's electric system, provided that said Pudic Improvements do not in the opinion of Grantee impair the structural or electrwal integrity of or ability to maintain said electric system or materially after the existing ground elevations; and provided further that all such Public Improvements shall not result in a ground or other clearance of less than the minimum requirements specified by the National Electrical Safety Code and any other applicable laws or regulations or other codes in effect from rime to time. Landowner, its agents or successors must submit plans of Public Improvements or other installations within the Primary Easement Area and Ancillary Easement Area for review, compliance, and written consent by Grantee prior to installation of the proposed Public Improvements. 7, Landowner Representations and Warranties. Landowner represents and warrants to Grantee that it is the sole owners) of the Premises; that it holds the Premises by title in fee simple; that ft has the full authority and power to grant the Easement to Grantee: and that the Premises are free and Gear of all liens, encumbrances, claims and charges (including, but not limited to, judgment liens, judicial liens, mechanics liens, harvester's liens, miners liens, landlord's liens, attorney s hens, tax liens, and special assessments). Landowner covenants to warrant and defend the Premises and Easement against any liens and the lawful claims of all persons asserting, claiming or having any liens. Landowner hereby relinquishes all rights of dower, homestead and distributive share in and to the Easement. Agreement Regarding Easemem. Contemporaneously with this Easement, Landowner and Grantee entered into an unrecorded "Agreement Regarding Easement". The Agreement Regarding Easement outlines the Parties' agreement regarding consideration and the timing for payment thereof_ All third parties may rely solely upon this Easement for all terms and conditions of this Easement for all purposes as the Agreement Regarding Easement is an agreement between the Landowner and Grantee solely related to consideration matters between the Parties and does not contain any terms which could affect the rights of third parties as related to this Easement. IntegrationlSeverability. It is agreed and understood that this Easement and the Agreement Regarding Easement contain all agreements, promises and understandings between Landowner and Grantee and that no verbal or oral agreements, promises or understandings shall be binding upon either Landowner or Grantee in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Easement shall be void and ineffective unless made in writing signed by the Landowner and Grantee. In the event any provision of the Easement is found to be invalid or unenforceable, such finding shall not affect the validly and enforceability of the remaining provisions of this Easement. The failure of either party to insist upon strict performance of any of the terms or conditions of this Easement or to exercise any of As rights under the Easement shall not waive such rights and such party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Easement, in law or in equity. 10. Captions. The captions contained in this Easement are inserted for convenience only and are not intended to be part of the Easement. They shall not affect or be utilized in the construction or interpretation of the Easement. ii. Governing Law. This Easement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Iowa. ITC MiNvest Electric lii Easement 1002024 48733651-0166. v. d Dxasign Envelope ID. 31FBB361C321<A1 F-B277-6F40A980DB15 12. Limited UsefNon•Use. Limited use or non-use of the rights granted herein shall not prevent later use to the full extent herein conveyed. 13. Perpetual Conveyance. This conveyance shall be permanent, shall run with the land and shall be binding upon the parties' successors, personal representatives, heirs, and assigns. 14. Right of Cancellation. Landowner shall have the right to cancel this Easement and the contemporaneous Agreement Regarding Easement by mailing to Grantee a notice of cancellation by certified mail, with return receipt requested, to Grantee's principal place of business. Said notice must be received by Grantee within seven (7) days, excluding Saturday and Sunday, of the date of this agreement Landowner acknowledges that by signing this Easement, it has been notified by Grantee of its right to cancel this Easement and acknowledges receipt from Grantee of a duplicate copy of the "Notice of Cancellation' Grantee agrees that it will not record this Easement until after the cancellation period has expired. This right of cancellation may be exercised only once for this transmission line Project. [REMAINDER OF PAGE INTENTIONALLY BLANK; SIGNATURES FOLLOW] ITC Midwest Electric Lim Easement 101a2024 4873-3651-0186. v.4 Dmusign Envelope 10: 31 FBB363-C3214A1FB219-6F40A9800815 IN WITNESS WHEREOF, Landowner has executed and delivered this agreement and the agreement shall be dated as of the date of Landowner's execution of the agreement. LANDOWNER: The City of Iowa City, Iowa Print: Title: STATE OF ) )as: COUNTY OF ) This instrument was acknowledged before me an this _ day of , 20 by as for The City of Iowa City, Iowa. a Municipal Corporation. Notary in and for the State of STATE OF )as: COUNTY OF ) This instrument was acknowledged before me on this _ day of , 20_ by as for The City of Iowa City, Iowa, a Municipal Corporation. Notary in and for the State of ITC Midwest Electric Line Easement 10/& 24 073-3651-0186, v. 4 Doousign Envelope ID: 31FBB363-C3214A1F.B277.6F40A98ODB15 EXHIBIT A EAST SIDE GROUND STORAGE RESERVOIR, LOT 1 SEC 8-T79N-ROS W JOHNSON COUNTY, IOWA Lower Wert BnMN IN SE OWNER: CITY OF IOWA CITY EASEMENT AREA: 2.D6 ACRES ICG LAND SERVICES, INC DRAWN: WATBON 1715 SOUTH G AVENUE BEVERLY-HILLS & NEVADA, IOWA 50201 LAND SERVICES BEVERIY-SUB 92 (515)382-1698 SCALE: 1 "=125 vnvwj<glantl <om GATE ]0/3/2024 I' City of Iowa City EAST SIDE GROUNp j RAGE RESERVOIR, LOT A Lower West gnnah Rd SE ® ANCILLARY EASEMENT AREA PROPERTY LINE This produR is for informational pumows and may not have been prepared for, w be Suitable for legal, engineering, or surveying purposes. Docusign Envelope ID: 31FBB363-C3214A1 F-B2r7.6F40A9WDB15 AGREEMENT REGARDING EASEMENT THIS AGREEMENT is made and effective this _ day of , 20 by and between The City of Iowa City, Iowa. a Municipal Corporation 410 E Washington Street, Iowa City, IA 52240, and their successors and assigns ("Landowner" or "Grantor"), and ITC Midwest LLC, a Michigan limited liability company (a subsidiary of ITC Holdings Corp, a Michigan corporation), 27175 Energy Way, Novi, Michigan 48377, ('ITCM- or "Grantee") (collectively, Landowner and ITCM may be referred to herein as the "Parties" and either may be referred to herein as a "Party"). RECITALS A. On , 20 , Landowner entered into an easement with ITCM, as Grantee (the `Basement') contemporaneously with this Agreement, on certain land described in the Easement. B. As consideration for the Easement and the exercise of the rights contained therein, ITCM agreed to pay the following sum (the "Total Consideration"): A. Value / Acre $13,210.00 /Acre B. Easement Acreage (from easement plat - Exhibit A) 2.06 Acres C. Total Payment for Easement $27,212.60 C. In addition to the terms and conditions in the Easement, Landowner and ITCM agreed to certain additional terms and conditions as further consideration for the grant of the Easement by Landowner to ITCM, as set forth herein. NOW, therefore, in consideration of the promises and covenants herein, and other good and valuable consideration, the adequacy, receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: .AGREEMENT I. Upon execution of the Easement and this Agreement, ITCM shall pay to Landowner 527.212.60 of the Total Consideration listed above (the "Payment'). In the event ITCM determines it will not or cannot commence construction activities regardless of approvals ITC Midwest Agreement Regani ng F wanton 10 8 2024 4870-62584ai6,v.1 Dwusign Envelope 11) 31FBB361C3214A1F-B277-6F4aAgWDB15 received or denied, all rights and privileges granted hereunder shall be deemed completely surrendered, and this Agreement and the Easement terminated. Landowner shall retain the Payment, ITCM will record a release of its Easement in the county records, and no additional money shall be payable by either Party to the other. 2. ITCM shall negotiate with Landowner and make separate payment for damages caused by the exercise of the rights granted by the Easement promptly upon completion of ITCM's construction project; provided, Landowner reserves the right to submit additional claims for damages that were not apparent at the time of the work and which were not otherwise compensated in accordance with the ITC Midwest Damage Claims Policy Statement. 3. Landowner agrees to notify ITCM at least 10 days prior to granting any easement, lease, or other restriction on the use of the Premises or entering into any contract to sell all or a portion of the Premises. The rights to the Easement Payment as provided in Recital "B" above belong to the Landowner. For ITCM to recognize any assignment of those rights to a subsequent purchaser of the Premises there must be a validly executed assignment of those rights by the Landowners) and a copy of that assignment must be provided to ITCM before the Final Payment is issued to Landowner. 4. Notice under this Agreement shall be given in writing by (1) United States Postal Service First Class mail, (2) certified mail, return receipt requested, or (3) overnight courier, provided the courier's regular business provides delivery service at the recipient's addresses. Notice shall be deemed effective on the date it is sent. The address for Landowner is as follows: The City of Iowa City, Iowa 410 E Washington Street Iowa City, IA 52240 The address for ITCM is as follows: ITC Midwest LLC Arm, Real Estate Manager 3165 Edgewood Parkway SW Cedar Rapids, IA 52404 5. Notwithstanding anything to the contrary contained herein, nothing in this Agreement shall he deemed to modify, restrict, increase or otherwise change the Easement. 6. This Agreement shall not be recorded by either Party hereto without the written consent of the other Party. 7. Landowner represents and warrants to ITCM that they are the sole owners) of the Property and have the full authority and power to enter into this Agreement and the Easement. I rC Aul,c,, Aprccm n R,.nliny FEa.mmem 11) 6Ge24 487M258< 16. v. 1 Do sign Envelope ID: 31FBB363-C3214A1F-B217-6F60Ag6DDB15 g. Landowner shall have the right to cancel this Agreement and the contemporaneous Easement by mailing to ITCM a notice of cancellation by certified mail, with return receipt requested, to ITCM's principal place of business. Said notice must be received by ITCM within seven (7) days, excluding Saturday and Sunday, of the date of this agreement Landowner acknowledges that by signing this Agreement, it has been notified by ITCM of its right to cancel this Agreement and acknowledges receipt from ITCM of a duplicate copy of the "Notice of Cancellation" ITCM agrees that it will not record the Easement until after the cancellation period has expired. This right of cancellation may be exercised only once for this transmission line project. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year set forth above. BY SIGNING THIS DOCUMENT THE PARTIES ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THE TERMS AND CONDITIONS THEREIN. (All signatures are contained on the next page.) ITC Midwesi Agm ww Regarding Fnmmcns I U 8,2024 Aa10-625 16, v.t Docusign Envelope ID: 31FB8363-D3214A1F-B277-6F40A960DB15 LANDOWNER: The City of Iowa City, Iowa Signature: Printed Name: Title: Dated: Signature: Printed Name: Title: Dated: ITCM: ITC Midwest LLC, By ITC Holdings Corp., Its Sole Member sa�4 a, By: Jean Kim D'Anna Its Vice President and Deputy General Counsel, Legal Services Dated: 7/31/2025 1 12:49:17 PM EDT ITC Midwest Agmcmcnt Reganling Famment INR'2024 4870-625 16. v.1 Item Number: 10.c. a CITY OF IOWA CITY "QF T-4 COUNCIL ACTION REPORT August 5, 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) [Deferred from June 17] 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 Council Correspondence from Jon Marner - Deferral request (included n the 6/16 late handouts) 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 LEGEND AND NOIEE 'In" NZ VRIVI,10111. T FINAL PLAT SCARLETT POINT SUBDIVISION A RESUBDIVISION OF LOTS 8, 9, 10, 11 AND 12 BACONS SUBDIVISION, AND LOTS49, 50 AND 51 OF SUBDIVISION OF SOUTHEAST QUARTER SECTION 3T79N-R6W IOWA CITY, JOHNSON COUNTY, IOWA II Il nl AFYI I I I I I;.dm'I .'I N —1 �,II Ili u1sr_,�I_ 'IPOINTOF BEGINNING Wig. c Kellie Grace =96' d' From: Jon Marner <J.marner@mmsconsultants.net> Sent: Monday, June 16, 2025 11:38 AM Late Handouts Distributed To: Eric Goers; Geoff Fruin; Danielle Sitzman Cc: Tracy Barkalow; Kellie Grace; Douglas Ruppert Subject: RE: Scarlett Point �— 1 2`J (Date) 1 RISK ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** This message is from an external sender. Yes, this is correct. Thanks for verifying Eric. Jon Marner Partner / Project Manager Ofc: (319) 351-8282 Cell: (319) 936-6295 i.ma rner@ mmsconsu Itants. net mmsconsultants.net Celebrating 50 years in business! 'Phis email message is for the sole use of the intended recipient(s) and moy contain confidential and privileged information. Anv unauthorized revie�,v, use, disclosure or distribution is prohibited. It you are not the intended recipient, pease contact the sender by reply email and destrov all copies of the original message. From: Eric Goers <egoers@iowa-city.org> Sent: Monday, June 16, 2025 11:35 AM To: Jon Marner <J.marner@mmsconsultants.net>; Geoff Fruin <GFruin@iowa-city.org>; Danielle Sitzman <dsitzman@iowa-city.org> Cc: Tracy Barkalow <tracy@barkalowhomes.com>; Kellie Grace <KG race@ iowa-city.org>; Douglas Ruppert <ruppert@lefflaw.com> Subject: RE: Scarlett Point Jon, Just to confirm what I'm sure you already know, with the request to defer the V reading of the rezoning item we will also need to defer the related Final Plat item. If you had a different understanding please contact me right away. Thanks! Eric R. Goers (he/him/his)* City Attorney 410 East Washington Street Iowa City, IA 52240 319-356-5030 egoers@_i_Qw-07:Qity_-otg j t f CITY OF IOWA CITY UNESCO CITY OF LI1 ERATURE *1 include my pronouns in my email signature so people know how they should refer to me and so those who receive my email know I am interested in how I should refer to them. l FARE FREE !owa City Transit is now FARE FREE! I O W A CITY Learn more at IC0011.OROIEABJEFREE Notice: Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the internet, the City Attorney's Office cannot assure that such messages are secure. You should be careful in transmitting information to the City Attorney's Office that you consider confidential. If you are uncomfortable with such risks, you may decide not to use e-mail to communicate with the City Attorney's Office. Without written notification that you do not wish to communicate with the City Attorney's Office via e-mail communication, the City Attorney's Office will assume you assent to such communication. This message is covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510-2515, is intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the attorney -client privilege. It should not be forwarded to anyone else without consultation with the originating attorney. If you received this message and are not the addressee, you have received this message in error. Please notify the person sending the message and destroy your copy. Thank you. From: Jon Marner <J.marner@mmsconsultants.net> Sent: Monday, June 16, 202S 11:11 AM To: Geoff Fruin <GFruin@iowa-city.org>; Danielle Sitzman <dsitzman@iowa-city.or > Cc: Tracy Barkalow <tracy@barkalow home s.com>; Kellie Grace <KGrace@iowa-city.org>; Eric Goers <egoers@iowa- city.org>; Douglas Ruppert <ruppert@lefflaw.cam> Subject: RE: Scarlett Point A RISK ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** This message is from an external sender. On behalf of the applicant, we are requesting that Council defer the third reading for the zoning at Scarlett Point to the August 5 Council meeting. It is our understanding that the August 5 meeting is the next available meeting that full Council attendance is anticipated. While we have completed the items necessary for the Final plat approval to be placed on the same agenda for approval as the final reading of the zoning. We are in the final stages of review for the details on the Site plan and Building design that the applicant would like to have ready to approve immediately after the Zoning and Final plat are approved. While not required, we believe it is important for Council to see the commitment to this Zoning, Final plat, and overall design of the Site plan and buildings by the developer in taking these additional steps. Please let us know if you have any questions. Thank you, Jon Deferred to August 19, 2025 Prepared by: Anne Russet, 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 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 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 3-779N-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 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 feel, 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 Corner 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 feet, 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 Approved by City Clerk City Attomeo Office (Sue Dulek — 06/12/2025) 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: 11.a. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Resolution approving project manual and estimate of cost for the construction of the FY25 CDBG Fairmeadows Sidewalk Improvements Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Reviewed By: Fiscal Impact: Staff Recommendation: Attachments: Resolution Josh Slattery — Senior Engineer Jason Havel — City Engineer Juli Seydell Johnson — Parks and Recreation Director Ron Knoche — Public Works Director Kirk Lehmann — Assistant City Manager $94,000 available in the FY25 CDBG Fairmeadows Sidewalk Improvements account #S3989. Approval Executive Summary: This agenda item begins the bidding process for the FY25 CDBG Fairmeadows Sidewalk Improvements Project. This project generally includes the construction of 5-foot wide sidewalk around the cul-de-sac of Western Road, a 10-foot wide shared use path between Western Road and Union Road within Fairmeadows Park, and another 10-foot wide shared use path connecting the aforementioned shared use path with a 10-foot wide sidewalk along the parking lot in Fairmeadows Park, south of the Western Road cul-de-sac. Background / Analysis: The project is part of the City's Neighborhood Improvements Program, which utilizes Community Development Block Grant (CDBG) funds. CDBG funds are designed to improve the quality of life for residents, particularly those with low -to -moderate income. The project is located in a CDBG-eligible area and was selected to increase connectivity and walkability near Grant Wood Elementary. Currently the existing sidewalks on Western Road and Union Road end at Fairmeadows Park. This project will extend the sidewalk on Western Road around the existing cul-de-sac and will provide a 10' wide shared use path connection through Fairmeadows Park between Union Road and Western Road. Project Timeline: Public Hearing / Approve Project Manual: August 5, 2025 Bid Letting: August 26, 2025 Contract Award: September 2, 2025 Construction: October 2025 to May 2026 I(,(L' Prepared by: Josh Slattery, Engineering Division, 410 E. Washington $t, Iowa City, IA 52240, (319) 356-5149 Resolution No. 25-14o Resolution approving project manual and estimate of cost for the construction of the FY25 CDBG Fairmeadows Sidewalk 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 FY25 CDBG Fairmeadows Sidewalk Improvements account # 53989. 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 26'" day of August, 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 2n0 day of September, 2025, or at a special meeting called for that purpose. Passed and approved this 5th day of August , 2025 Ma Approved by Attest: City Clerk City AttorneA Office (Liz Craig - 07/3012025) Resolution No. 75-19n Page 2 It was moved by Moe and seconded by Bergus the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: % Alter Bergus _x Harmsen x Moe x Salih x Teague % Weilein Item Number: 11.b. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Resolution approving project manual and estimate of cost for the construction of the Iowa River Powerhouse Dam Repair Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Alin Dumachi — Senior Engineer Reviewed By: Jason Havel — City Engineer Ron Knoche — Public Works Director Kirk Lehmann — Assistant City Manager Fiscal Impact: $675,000 available in the Iowa River Powerhouse Dam Repair Project account #W3328. Staff Recommendation: Approval Attachments: Resolution Executive Summary: This agenda item begins the bidding process for the Iowa River Powerhouse Dam Repair Project. This project generally includes concrete surface repairs to the upstream and downstream sections of the dam and pier footing repairs. Background / Analysis: A diving inspection of the Iowa River Powerhouse Dam conducted in 2021 identified a range of deterioration, from minor to moderate concrete surface defects in the dam and significant undermining of the pedestrian bridge pier. A follow-up diving inspection in November 2024 examined both the upstream and downstream portions of the dam to assess the progression of this deterioration. The 2024 inspection revealed a 60% increase in the number of defects compared to 2021, with most showing significant changes. Based on these findings, the dam is currently rated in fair condition. However, comprehensive repairs are necessary to extend the service life of the dam and pedestrian bridge piers. Project Timeline: Set Public Hearing — July 8, 2025 Hold Public Hearing — August 5, 2025 Bid Letting — August 28, 2025 Award Date — September 2, 2025 Construction — September 2025 to November 2026 lj,b Prepamd by: Nin Dumachi, Engineenng Division, 410 E. Washington St., Iowa City, IA 52240, (319) 35G5143 Resolution No. 25-191 Resolution approving project manual and estimate of cost for the construction of the Iowa River Powerhouse Dam Repair 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 Iowa River Powerhouse Dam Repair Project account #W3328. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 28" day of August, 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 2no day of September, 2025, or at a special meeting called for that purpose. Passed and approved this 5t1, day of Attest: k� City Clerk August 20 25 Ma Approved by / L City Attorne s Office (Liz Craig - 07130/2025) Resolution No. 25-191 Page 2 It was moved by Harmsen and seconded by weilein the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus Harmsen Moe Salih Teague Weilein Item Number: 11.c. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Resolution authorizing conveyance of eastern approximate one-half of Outlot C in Iowa City Industrial Campus. Prepared By: Susan Dulek, First Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Fiscal Impact: The final sale amount is subject to future platting. The price of $1.25 per square foot. Staff estimates the final sale price to be approximately $1,089,000 (assuming 20 acres). Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Purchase Agreement Executive Summary: Iowa City Industrial Campus is a shovel -ready parcel for industrial use located on 420th Street. City staff has negotiated a purchase agreement, contingent on City Council approval, for the eastern approximate one-half of Outlot C (approximately 20 acres) to PJP Holdings, LLC for $1.25 per square foot. State law requires a public hearing on the proposed conveyance. Background / Analysis: For approximately fifteen years, the City has owned and marketed industrial property in in the 420th Street corridor. The City bought the property and invested in utility, roadway and railroad infrastructure in an attempt to expand our industrial sector, preserve and add employment opportunities, and increase our tax base for the benefit of the entire community. The City has approximately forty acres remaining for sale and this agreement is expected to result in the sale of approximately twenty of those acres. Outlot C will need to be re - subdivided to create a lot consisting of the eastern approximate one-half of Outlot C. The sale of the land is to PJP Holdings, based out of Ohio. PJP is expected to build a rail - served facility that will operate in the packaging industry and serve local and regional customers. The sale of this land and construction of the manufacturing facility will expand the City's tax base, boost local employment, and further benefit existing employers in the region. t( Prepared by: Susan Dulek, First Ass't City Atty, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 95-199 Resolution authorizing conveyance of eastern approximate one-half of Outlot C in Iowa City Industrial Campus. Whereas, Iowa City Industrial Campus is a shovel -ready parcel for industrial use located on 420' Street, which the City has been marketing since 2008; and Whereas, City staff has negotiated the attached Purchase Agreement, contingent on City Council approval, for the eastern approximate one-half of Outlot C (approximately 20 acres) to PJP Holdings, LLC for $1.25 per square feet; and Whereas, Outlot C will need to be re -subdivided into two or more lots, one lot of which will be the eastern approximate one-half to be conveyed to PJP Holdings, LLC; and Whereas, following the public hearing on the proposed conveyance, the City Council approves the attached purchase agreement, and finds the conveyance is in the public interest. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The attached Purchase Agreement is approved. 2. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in the eastern approximate one-half of Outlot C in Industrial Campus. 3. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Passed and approved this 5[h day of August, 2025 Maybe V Approved by: Attest: I (.._O - J0,_V,_fC& City Clerk City Attorney Ice (Sue Dulek — 07/1512025) Resolution No. 25-192 Page No. 2 It was moved by Alter , and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter x Bergus x Harmsen x Moe x Salih X Teague g Weilein Moe . that the REAL ESTATE PURCHASE AGREEMENT TO: Ciry of Iowa City (Seller) PIP Holdings. LLC, an Ohio limited liability company (Buyer), hereby offers to buy. and the undersigned Seller, by its acceptance of this Agreement, agrees to sell approximately 20 acres (dimensions approximately 750 feet easbwest and 1. 192 feet nortlJsouth) of real property situated in die eastern approximate one -hall" of Collor C, Iowa City Industrial Campus according to the Corrected Final Plat thereof recorded in Book 63, Page 42 Plat Records of Johnson County, Iowa, as generally depicted and identified as "Lot 5" and "Lot 7" on die attached Exhibit A. together with all the Seller's right, title and interest in all buildings and improvements, if arty, located on the above -described =1 estate, and subject to any casements and appurtenant .servitudes for the benefit of the Seller, free and clear of all liens, encumbrances. reservations, exceptions and modifications, except for the Permitted Exceptions, as defined below. The entirely of the above -described interests being conveyed shall hereinafter be referred to as the "Property". The final legal description for the Propeny shall he determined in accordance with Paragraph 12A below, and this Agreement amended accordingly at that time to include the final legal description of the Properly The Property shall be conveyed with good. clear and marketable otle- subject to the following Permitted Exceptions: I. Zoning and building laws and ordinances: and 2 Covenants, restrictions, reservations and casements of record approved b}Buyer. In consideration of the covenants and obligations contained herein, the Seller and Buyer agree as folluws' I. PCR('.RASB PRICE. The Purchase Price for the Property shall be SI.25 per square foot. to be paid in full at the time of closing, all title objections being corrected to show marketable title. The final Purchase Price will not be known until the final survey legal description is completed as provided in Paragraph 12A below at which time the parties shall amend this Agreement to provide for the exact Purchase price 2. REAL ESTATE TAXES. Seller shall pay its prorated share, hazed upon the date ofeWsing, of the real estate lanes for the fiscal year in which closing occurs, due and payable in the subsequent fiscal year, and all unpaid taxes for prior years. The amount shall be calculated based upon the assessed valuation, legislative lax rollback and real estate tax exemptions that may be applicable to and used for the Calculation of lazes payable in the fiscal year commencing July 1, 2024, If, at the time of closing, the tax rate has not been certified. then the most current certified tax rate shall be used. Buyer shalt be given a credit for such proration at dosing. I. SPECIAL ASSESSb1EV"IS. Seller shall pay all installments of special assessments which have been certified to the Johnson County Treasurer for collection before the Closing date. All charges for solid waste removal, sewage and maintenance that are attributable to Seller's possession, including those lox which assessments arise after closing, shall be paid by Sellers. Any preliminary or defidenry assessment which cannot be discharged by' payment shall be paid by Seller through an escrow account with sufficient fiords to pay such liens when payable, with any unused funds returned to Seller. 4. STATUS QUO MAINTAINED. The Property shall be preserved in its present condition and Seller shall deliver it intact at the time possession to the Buyer is given. All risk of loss or damage to the Property is on Seller until the Buyer takes possession. Prior to possession by the Buyer, Seller shall promptly give written notice to the Buver of any loss or damage to the Property. In the event of loss, damage or destruction of all or put of the Property, the Buyer shall have the option to terminate this Agreement eff dive immediately. However, in the case of Inns, damage or destruction of all or part ofthe Property from causes covered by insurance, the Bum shall have the option to either: (1) take possession of the Property and accept an assignment of all Buyer's right, title and interest in and to any claims Buyer has wader the insurance policies covering the Property; or (2) terminate this Agreement effective immediately. Buyer shall be permitted to make a walk through inspection of the property prior to possession and closing, in order to determine that there has been no material change in the condition of the property except those mutually agreed upon. 5. POSSESSION AND CLOSING. Possession of the Property shall be delivered to buver at closing; possession of the Property shall be delivered to Buyer within 30 days of the Iowa CityCity Council approving the v,subdivision of Order C, Industrial Campus, Iowa City, Iowa as described in Paragraph 12A below and after approval of title by Buyer's attorney. The parties agree to schedule a closing promptly after said subdivision is approved and all provisions of this Agreement have been satisfied. 6. ABSTRACT AND TITLE. Seller, at its expense, shalt obtain an abstract of title to the Property continued through the City Council approval of the re -subdivision of Color C and deliver it to Buym's attorney for examination within 5 days of the recording of the City Council resolution approving said rc- subdivision. It shall show merchantable title in Seller in conformity with this Agreement, Iowa law, and Tide Standards of the Iowa Stale Bar Association. The Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Sellm's inability to provide marketable title. this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days written notice to the other party. The abstract shall become die propery of Buyer when the purchase price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or tl¢ death of Seller or their assignees. In lieu of or in addition to the abstract review by an attorney. Buyer may elect to obtain an owner's title insurance policy or a certificate from Iowa 'I'itle Guaranty, in which case Buyer shall pay the cost thereof; however. Seller agrees to cooperate with any reasonable requirement imposed by the title company or Iowa Title Guaranty in connection with the issuance ofsuch policy or certificate_ 7, ENVIRONMENTAL MATTERS. (a) Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage ranks located on the Property, the Property does not contain levels of radon gas, asbestos or urea - formaldehyde foam insulation which require remediation under current governmental standards. and Seller has done nothing 0 contaminate the Property with hazardous wastes or substances. Seller warrants that the Property is not subject to any local. stare, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. (b) Seller hereby grants the Buyer its officers, agents, employers and independent contractors, the right to enter upon the Property at reasonable times upon reasonable notice, oral or written, from time to time for the purposes of investigating, inspecting and performing inventories of the Property, and to determine if there are any environmental deficiencies, including hazardous materials, substances, conditions, or waste. The Buyer shall indemnify and hold harmless Seller from and against any and all expenses, claims, or losses arising from or in connection with any activities of the Buyer, its officers, agents, employees, or contractors on the Property prior to the Closing Date, including without limitation. anv attorney's fees or court costs occasioned by such claims. The Buyer may notify Seller in writing of any such deficiency. Failure to do so shall he deemed a waiver of the Buyer's inspection and repair rights. In the event of any claim or demand by the Buyer as a result of inspections, Seller shall declare and commence one of the following options: (a) curing the deficiency, or (b) amending this agreement by giving the Buyer a credit ]Or the cost of curing the deficiency, or (c) canceling this agreement If prior to the Closing Date Seller does not promptly cure all such deficiencies in a manner mutually agreeable to the Seller and Buyer, then the Buyer may declare this offer null and void. 8. DEED. Upon payment of the purchase price, Seller shall convey, the Property to Buyer by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except for Permitted Exceptions. General warranties of title shall extend to the time of delivery of the deed excepting liens or encumbrances suffered or permitted by Buyer. 9, REMEDIES OF THE PARTIES. A. If Buyer fails to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Sellers option, upon thirty days written notice or intention to accelerate the payment of the entire balance because of Buyers default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. 'thereafter this agreement may be foreclosed in equity' mid the Court may appoint a receiver. B. If Seller fails In timely perform this .Agreement, Buyer has the right to have all paymem s made resumed to them. C. Buyer and Seder are also entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 10. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by persona) delivery or by certified mail return receipt requested. addressed to the parties at the following addresses: Seller: City of Iowa City, City Attorney, 411) E. Washington, Iowa City. Iowa 52240; Buyer: 9005 Smith's Mill Road North, New Albany, Ohio 43054, Attn: Vcn Bhindwallam. 11. GENER.AL PROVISIONS. In the performance of each part of this Agreement time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. Paragraph headings arc for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine. feminine or neuter gander according to the context. )2. ADDITIONAL PROVISIONS: A. FINAL PLAT (RE -SUBDIVISION OF OUTLOT C). Seller intends to prepare a Final Plat in order for the Iowa City City Council to ne-subdivide the area known as OutIm C, Iowa City Industrial Campus, Iowa City, Iowa into two or more lots, one lot of which is generally depicted and identified as "Lot F' and "Lot 7" on the attached Exhibit A. Seller shall provide a copy of this Final Plat depicting and describing the legal description of the Property to Buyer to be included in the deed for the Properly. Seller will have the Final Plat recorded prior to closing. This APXeemcnt is contingent upon Buyer approving the Final Plat and approving the final purchase price, and if not so approved, Buyer may declare this Agreement null and void and the earnest money shall be returned to Buyer. Seller anticipates it will take approximately 60 days from the date a complete Final Plat application is received by the City to the date the Final Plat is presented to the Iowa City City Council for approval. Seller will promptly take the necessary actions to submit the Final Plat application. B. CITY COUNCIL APPROVAL. This Agreement is subject to approval by the City Council of Iowa City. C. EARNEST MONEY. Buyer shall tender One Hundred Thousand Dollars ($100,000.00) as earnest money to be deposited in the trust account of Lopic-Krueger Realtors within five (5) business days of execution of this Agreement. The earliest money shall be applied to the Purchase Price at closing in accordance with the terms of this Agreement and shall be delivered to Seller upon performance of Seller's obligations and satisfaction or waiver of Buycr's contingencies. The eamesl money will be returned to Buyer if Buyer timely terminates this Agreement for any reason before the end of the Due Diligence Period. The balance of the Purchase Price shall be paid by Buyer at the time of closing. D. RAILROAD SPUR. Seller shall cooperate with, but will provide no financial assistance to. Buyer in the construction of the railroad and crossing from the existing spur, across 42016 Street and into the Property. E. FARM TENANT/CROPS. Outlnt C is subject to a farm lease with Phil Prybil. Seller shall attempt to negotiate a termination of said farm lease with the tenant effective on or before closing, and if Seller is unsuccessful in such negotiation, Seller shall provide the tenant with a written temtination notice pursuant to Section 562.6 of the Iowa Code terminating said farm lease effective March I, 2M6, and provide Buyer a copy of said notice. Seller shall provide Buyer with a copy of such farm lease within 10 days of the execution of this Agreement. F. BROKER AND REAL ES"I'AI E AGENT COMMISSION. The Li>ting and Selling Agents/Brokers arc agents of the parties hereto as outlined below, and their fiduciary duties of loyally and faithfulness are owned to the party they represent: however, they must treat the other parry with honesty and faimoss. Seller is represented by Jeff Edburg/Lepic Krueger, Realtors, and Buyer is represented by Mark Lynch of Skogmaa Really. Each Parry hereby agrees to indemnify, defend and hold the other harmless from and against any and all claims, causes of action, losses, damages, liabilities,judgments, settlements and expenses (including, without limitation, attorneys' fees) that the other may sustain or incur by reason of its breech of the foregoing repms'cnuatien and warrenry. The provisions of this Section 13 shall survive the Closing or termination of this Agreement. G. UTILITIES. Water and sanitary service are available along 421Y^ Streel, and Buyer shall extend water and sanitary service to the limits of the subdivision. Buyer shall be responsible for the tap ra fees to the City or Iowa City water main (currently $539.42/acre) and City of Iowa Ciry sewer (currently $1,698.18.'acre). Buyer shall he responsible for providing gas, electricity, phone, fiber, and cable to the Property. fL STORM WATER MANAGE.MEN1 . Buyer shall be responsible for storm water management as regulated by the Iowa City City Code, 1. CERTIFICATION. Seller certifies that it is not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States "Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, emity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf ol; any such person, group, entity or nation. Seller hereby agrees to defend, indemnify and hold harmless the Buyer from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney''s fees and costs) arising from or related to any breach of the foregoing certification. J. BUYER'S DUE DILIGENCE.. This Agreement is contingent upon Buyer's satisfactory (w Buyer) due diligence investigation into Buyer's development plans and costs associated with the subject property to be completed within 45 days of execution of this Agreement ("Due Diligence Period"). During the Due Diligence Period, Seller shall provide Buyer with reasonable access to the Property. Buyer's investigation includes, but is not limited to, undertaking soil tests and environmental studies. Within 10 days of execution of this Agreement, Seller shall provide Buyer will any existing site reports or studies, title work, environmental reports, all information relating to sail bunngs, easements, and the location of utilities. if this contingency has not been released within 10 days of expirstior of the Due Diligence Period, either party may declare this Agreement null and void and the earnest money shall be returned to Buyer. 11 ACCEPTANCE.. When accepted, this Agreement shall become a binding contract This Offer is presented to The Seller on this aw day of �/f/lB . 2025. PIP HOLDINGS, LLC, as Buyer BY: f Name: i6feZBfj(pE1�jt�RGlei� Accepted this � V day of -5J�, 2025.. CITY OFIOWA CITY, as Scllcr By: Geoff Fruit, City Manager 4748 420th St, Iowa City, Iowa City Iowa 9.2 - 75.5 Acre Commercial Lots for Sale EXH ISIT "RUE r !� t LKR Lcpa-Kn..... IB UTORSO ��va.kP��Gruc.rmm Item Number: 11.d. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Resolution authorizing conveyance of Lot 10, Lindemann Subdivision - Part Eight located on Kenneth Drive. Prepared By: Tracy Hightshoe, Neighborhood & Development Services Director Reviewed By: Geoff Fruin, City Manager Susan Dulek, First Ass't. City Attorney Fiscal Impact: City will use budgeted Opportunity Funds of $270,000 as a grant to DVIP for the land acquisition costs. There will be no impact on the general fund for ongoing operational expenses. Staff Recommendation: Approval Commission Recommendations: NA Attachments: Resolution Purchase Agreement Executive Summary: This is a resolution to consider authorizing the conveyance of Lot 10, Lindemann Subdivision - Part Eight (located at the intersection of Kenneth Dr. and York Place) to the Domestic Violence Intervention Program (DVIP). Up to six townhomes can be constructed on the lot. The proposed conveyance supports a partnership between the City and DVIP to develop affordable housing for individuals and families fleeing domestic violence. In 2024, DVIP was awarded $2,488,733 in HOME -American Rescue Plan (HOME -ARP) funds from the Iowa Finance Authority (IFA) to construct and operate six townhomes on the Kenneth Drive lot. The grant also includes funding for supportive services and operational costs. Background / Analysis: The City originally acquired the Kenneth Drive lot in 2018 using former land banking funds to preserve opportunities for future affordable housing development. Over several years, various development concepts were considered, but none advanced to implementation. Up to six townhomes may be constructed on the lot. In 2021 the HOME American Rescue Plan (HOME -ARP) program was created as part of the American Rescue Plan Act to address homelessness and related needs resulting from the COVID-19 pandemic. In 2024, the Iowa Finance Authority (IFA) announced a competitive HOME -ARP funding round, allocating $3.7 million statewide. The City partnered with DVIP on a successful application, committing to contribute the land, assessed at $270,000, toward the required 25% project match. City Contribution and Agreement Terms In February 2024, Council authorized the City Manager to execute a grant agreement for $270,000 in Affordable Housing Funds contingent on DVIP's receipt of HOME -ARP funds. The agreement will provide: • A conditional occupancy loan, at 0% interest, of $270,000 (the land value); • A 20-year affordability period. The loan is forgiven if compliance is maintained; • A requirement that DVIP maintain affordable rents for households earning at or below 60% of area median income; and • A mortgage on the property to secure compliance throughout the affordability period. Once DVIP executes a grant agreement with IFA, the City will proceed with closing and convey the lot to DVIP. Prepanad by: Susan Dulek, First Ass'1 City Arty, 410 E. Washington St., Iowa City, IA 52240 (3191355-5030 Resolution No. 25-193 Resolution authorizing conveyance of Lot 10, Lindemann Subdivision - Part Eight located on Kenneth Drive. Whereas, the HOME -ARP program was created to address homelessness and related needs from the COVID-19 pandemic; and Whereas, the Iowa Finance Authority awarded the Domestic Violence Intervention Program, Inc. (DVIP) $2,488,733 in HOME -ARP funds to develop and manage up to six units of affordable housing for those individuals and families fleeing domestic violence; and Whereas, the City purchased a vacant lot on Kenneth Drive with former land banking funds for a future affordable housing opportunity; and Whereas, staff has negotiated the attached purchase agreement with DVIP to sell the lot for $270,000, contingent on approval by City Council; and Whereas, this sale would provide affordable rental housing to individuals and families fleeing domestic violence for a period of 20 years; and Whereas, this sale is conditioned on DVIP entering a HOME -ARP agreement with the Iowa Finance Authority for development, support services and operations funding to support up to six housing units; and Whereas, following the public hearing on the proposed conveyance, the City Council approves the attached purchase agreement, and finds the conveyance is in the public interest. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in Lot 10, Lindemann Subdivision - Part Eight. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Passed and approved this 5th day of August, 2025. Approved by: City Aftorneo Office (Sue Dulek — 07/14/2025) & May Attest City Clerk Resolution No. 25-193 Page No. 2 It was moved by Alter and seconded by Moe , that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter x Bergus Harmsen x Moe x Salih x Teague x Weilein PURCHASE AGREEMENT TO: City of Iowa City, Iowa (Seller) Domestic Violence Intervention Program ("Buyer") hereby offers to buy, and the undersigned Seller, by its acceptance of this Agreement, agrees to sell the real property situated in Iowa City, Johnson County, Iowa, locally known as Lot 10, Lindemann Subdivision -Part Eight, Iowa City, Iowa, according to the plat thereof recorded in Book 62, Page 200, Plat Records of Johnson County, Iowa together with all the Seller's right, title and interest in all buildings and improvements, if any located on the above -described real estate, and subject to any easements and appurtenant servitudes for the benefit of the Seller, free and clear of all liens, encumbrances, reservations, exceptions and modifications, except for the Permitted Exceptions, as defined below. The entirety of the above -described interests being conveyed shall hereinafter be referred to as the "Property". The Property shall be conveyed with good, clear and marketable title, subject to the following Permitted Exceptions: I. Zoning and building laws and ordinances; and 2. covenants, restrictions, reservations and easements of record approved by Buyer. In consideration of the covenants and obligations contained herein, the Seller and Buyer agree as follows: 1. PURCHASE PRICE. The Purchase Price for the Property shall be $270,000, to be paid in full at the time of closing, all title objections being corrected to show marketable title. 2. REAL ESTATE TAXES. Seller shall pay the prorated share, based upon the date of closing, of the real estate taxes for the fiscal year in which closing occurs, due and payable in the subsequent fiscal ,year, and all unpaid taxes for prior years. The amount shall be calculated based upon the assessed valuation, legislative tax rollback and real estate tax exemptions that may be applicable to and used for the calculation of taxes payable in the fiscal year commencing July 1, 2024. If, at the time of closing, the tax rate has not been certified, than the most current certified tax rate shall be used. 3. SPECIAL ASSESSMENTS. Seller shall pay all installments of special assessments which have been certified to the Johnson Comity Treasurer for collection before the Closing date. All charges for solid waste removal, sewage and maintenance that are attributable to Seller's possession, including those for which assessments arise after closing, shall be paid by Buyer. Any preliminary or deficiency assessment which cannot be discharged by payment shall he paid by Buyer through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to Buyer. 4. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Property prior to closing or possession, whichever first occurs. Seller agrees to maintain existing insurance until closing or possession, whichever first occurs. Buyer may also insure the Property prior to closing or possession. The Property shall be preserved in its present condition, ordinary wear and tear excepted, and Seller shall deliver it intact at the time the Buyer takes possession. Prior to the Buyer taking possession, Seller shall promptly give written notice to the Buyer of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the Buyer shall have the option to terminate this Agreement effective immediately. However, in the case of loss, damage or destruction of all or part of the Property from causes covered by insurance, the Buyer shall have the option to either 1) take possession of the Property and accept an assignment of all Seller's right, title and interest in and to any claims Seller has under the insurance policies covering the Property; or 2) terminate this Agreement effective immediately. 5. POSSESSION AND CLOSING. If Seller timely performs all obligations, possession of the Property shall be delivered to Buyer within six (6) months following the IFA HOME round closing, which the parties estimate to be September 1, 2024, and any adjustments of rem, insurance, taxes, interest and all charges attributable to the Seller's possession shall be made as of the date of closing. Closing shall occur after approval of title by Buyer's attorney and vacation of the Property by Seller. Seller agrees to permit Buyer to inspect the Property within 48 hours prior to closing to assure that the premises are in the condition required by this Agreement. If possession is given on a day other than closing, the parties shall make a separate agreement with adjustments as of the date of possession. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached, such as: fencing, gates, bushes, trees, shrubs and plants. 7. ABSTRACT AND TITLE. Seller, at its expense, shall promptly obtain an abstract of title to the Property continued through the date of acceptance of this Agreement, and deliver it to Buyer's attorney for examination. It shall show merchantable title in Seller in conformity with this Agreement, Iowa law, and Title Standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable tide, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days written notice to the other party. The abstract shall become the property of Buyer when the purchase price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any ad or omission of Seller, including transfers by or the death of Seller or their assignees. 8. SURVEY. Buyer, at Buyer's expense, may have the Property surveyed and certified by a Registered Land Surveyor. If the survey shows any encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. If the survey is required under Chapter 354, Buyer shall pay the cost thereof. 9. ENVIRONMENTAL MATTERS. (a) Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos or urea- fortnaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances, Seller warrants that the Property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. (b) Buyer may, at its expense, within 10 days after the date of acceptance, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the Property. In the event any hazardous materials, substances, conditions or wastes are discovered on the Property and the cost to remove than is in excess of $5,000.00, Buyer shall have the option to terminate this Agreement effective immediately. In the event the cost to remove the hazardous materials, substances, conditions or wastes on the Property is $5,000.00 or less, the cost to remove them shall be borne solely by Buyer. 10, DEED. Upon payment of the purchase price, Seller shall convey the Property to Buyer by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of title shall extend to the time of delivery of the deed excepting liens or encumbrances suffered or permitted by Buyer. 11. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 12. REMEDIES OF THE PARTIES, A. If Buyer fails to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to them. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 13. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or by certified mail return receipt requested, addressed to the parties at the following addresses: Seller, City of Iowa City, City Clerk, 410 E. Washington, Iowa City, Iowa 52240; Buyer, DVIP, 1105 S. Gilbert Cl, Iowa City, IA 52240. 14. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. IS. CITY COUNCIL APPROVAL. This agreement is subject to approval by the City Council of Iowa City as required by Section 364.7 of the Code of Iowa. 16. FINANCING, This Agreement is subject to Buyer obtaining State HOME ARP funding and additional financing on terms acceptable to Buyer. 17. AFFORDABLE HOUSING, This Agreement is subject to Buyer signing an agreement with Seller, which is secured by a mortgage, that requires the Property to be used exclusively for affordable housing for a period of twenty (20) years. Said agreement will further provide the maximum income limits of the occupants and bow rent will be established. Buyer shall construct a minimum of four affordable housing units on the Property and obtain a certificate of occupancy for said units within two years of closing. 18. CERTIFICATION. Buyer and Seller certify that they are not acting directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to any breach of the foregoing certification. 19. ADDITIONAL PROVISIONS: (Put "N/A" below if there are no additional previsions.) 20. ACCEPTANCE. When accepted, this Agreement shalt become a binding contract. If not accepted and delivered to Seller on or before February 20, 2023 at 5:00 pm, this Agreement shall be null and void and all payments made shall be returned immediately to Buyer. This Offer is presented to the Seller on February l9, 2024. BUYER BY: Krisne Fortmann-Doser, Executive Director Accepted this / 9day of February, 2024. GeoffF m City Manager (SELLER) Item Number: 11.g. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Resolution authorizing the City Manager to sign a Memorandum of Understanding with the Housing Trust Fund of Johnson County for the contribution and use of $650,000 for affordable housing. Prepared By: Tracy Hightshoe, Neighborhood and Development Service Director Reviewed By: Kirk Lehmann, Assistant City Manager Fiscal Impact: City budgeted $650,000 for the HTFJC through the FY26 Affordable Housing Fund. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Housing Trust Fund Memorandum of Understanding Exhibit A - Affordable Housing Heat Map Executive Summary: City Council will consider adoption of a resolution to authorize the City Manager to enter into a Memorandum of Understanding (MOU) with the Housing Trust Fund of Johnson County (HTFJC) for $650,000 for affordable housing at their August 5, 2025 meeting. Background / Analysis: At the June 3, 2025 City Council work session, the City Council approved the distribution of funds for the Affordable Housing Fund. Under the approved distribution plan, $650,000 of the funds available will go to the HTFJC for affordable housing projects in Iowa City. Upon execution of the Memorandum of Understanding (MOU), the HTFJC will be issued payment of $650,000. The HTFJC is not part of the Aid to Agency annual funding cycle. To provide for administration expenses, the HTFJC can take an administrative fee of up to $52,000, 8% of the funds allocated to them through this MOU. Administrative funds are used for salary and benefit expense to administer the fund, which includes quarterly application rounds, review and allocation of funds to eligible projects, and project monitoring. Under this MOU, affordable housing is defined as housing, either owner -occupied or rental, that serves households under 80% of area median income (AMI). In general, the HTFJC prioritizes rental projects that assist households under 60% AMI; however, the majority of those served are under 30% AMI. The City no longer has an Affordable Housing Location Model but encourages housing and residential facilities throughout all neighborhoods in Iowa City. Under the MOU, the applicant for these funds must provide useful data to support how the project contributes to this goal. The MOU also requires quarterly reporting to Neighborhood Services which identifies projects awarded funding, income levels served, and the fund balance. An Annual Report is also provided to City Council. The Annual Report is typically provided in August for the prior fiscal year. lompared by: Tracy Hightshoe, NDS Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5244 Resolution No. 25-194 Resolution authorizing the City Manager to sign a Memorandum of Understanding with the Housing Trust Fund of Johnson County for the contribution and use of $650,000 for affordable housing. Whereas, the City Council desires to fulfill its goal to increase the units of affordable housing in Iowa City, in part, by contributing $650,000 to the Housing Trust Fund of Johnson County, Inc.; and Whereas, the funds should be used to serve households under 80% of median income, the units should be located within the corporate limits of Iowa City, and approved projects shall support the City's goal of encouraging housing and residential facilities throughout all neighborhoods in Iowa City; and Whereas, the attached Memorandum of Understanding sets forth the parameters of how the funds are to be used; and Whereas, the funds to be used as set forth in the attached Memorandum of Understanding are a public purpose. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Manager is authorized to sign the attached Memorandum of Understanding and to amend it as needed. Passed and approved this 5th day of August , 2025. l P f, M Approved by Attest: City Clerk City Attom 's ffice (Sue Dulek — 07/28/2025) Resolution No. 75-194 Page 2 It was moved by MOe and seconded by adopted, and upon roll call there were: weilein the Resolution be AYES: NAYS: ABSENT: ABSTAIN: x Alter x Bergus g Harmsen x Moe Salih � x x Teague x Weilein Prepared by Tracy Ilightshoe, NDS Director, 410 E. Wwhington St.. Iowa City. IA 52240, 3 19,356-52" MEMORANDUM OF UNDERSTANDING Re: CITY'S CONTRIBUTION TOWARD AFFORDABLE HOUSING This Memorandum of Understanding is entered into by and between the City of Iowa City, a municipal corporation ("City"), and Housing Trust Fund of Johnson County, Inc. ("Trust Fund") in Iowa City, Iowa. WHEREAS, the City desires to contribute $650,000.00 to the Trust Fund to support affordable housing; and THE PARTIES THEREFORE AGREE AS FOLLOWS: I. The City will contribute $650,000.00 ("funds") to the Trust Fund to support affordable housing by September I, 2025. 2. The Trust Fund will use the funds for affordable housing projects as follows: a. All units assisted must serve households under 80% area median income. The project itself may have units designated for higher incomes, but the units assisted by the funds must serve households under 80% area median income. b. The projects must be located within the corporate limits of Iowa City. c. The projects shall support the City's goal of encouraging housing and residential facilities throughout all neighborhoods in Iowa City. The applicant shall provide useful data to support how the project contributes to this goal. The Heat Map of the City's existing subsidized housing under a compliance/affordability period is attached for reference (Exhibit A). d. Quarterly reports must be provided to the City Neighborhood Services Coordinator following the completion of each funding round until all funds have been allocated and all units are occupied by eligible households. An annual report must be submitted by August I, 2026 for FY26 (July 1, 2025 to June 30, 2026). The reports must include the following information on each project: i. Address and developer; ii. Amount of funds allocated, identify City funds as well as other funding sources; iii. Description ordevelopment, such as 12-plex or 20-unit tax project for seniors; iv. Status of construction; v. Rent limitations as detailed in funding agreements with grura loan recipients. e. Up to 8% of funds ($52,000) maybe used for administrative expenses. Dated, this 6� day of August, 2025. CITY OF IOWA CITY, IOWA HOUSING TRUST FUND OF JOHNSON COUNTY, INC. By: By: cv� Geo min Ellen McCabe CityManager Executive Director F.RHIBI I A Affordable Housing Heat Map Iowa City Neighborhood Services: November 2022 re Coralville *� 5 c ror a a,, cry O sty a '-we City scumr sr zte O Hei Q o • Density of Subsidized Housing Units " Low w� 4+Q High oryonuwnare ❑ City of Iowa City Boundary e o a 0.7 19 Miles Thls mop is manned to serve is r as an sum graphic reposenrat— orgy This intimation notes mq ranted tar araor over mrp ties.Is Item Number: 11.11. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Resolution submitting the question of the imposition of a Local Sales and Services Tax to the qualified electors of the City of Iowa City. Prepared By: Kirk Lehmann, Assistant City Manager Reviewed By: Chris O'Brien, Deputy City Manager Eric Goers, City Attorney Fiscal Impact: We anticipate $8-10 million in new revenue, though the amount will change depending on participating jurisdictions and consumer spending. Commission Recommendations: N/A Attachments: Attachment A: Sales & Use Tax Guide Summary Resolution Executive Summary: During the July 8, 2025 work session, the City Council expressed interest in placing a 1 % Local Option Sales and Services Tax (LOSST) measure on the November 4 general election ballot and agreed upon draft language. The language includes no sunset provision and identifies the following general uses for LOSST should it be approved by voters: • 50% for property tax relief (as required by law) • 25% for affordable housing • 10% for infrastructure and public facilities • 15% for community partnerships Background / Analysis: In Iowa, local governments may implement a 1% LOSST on certain sales and services following voter approval. LOSST must be enacted through a public vote at a regular election or at one of the special election dates designated by State Code. A simple majority is required for passage. A LOSST ballot measure can be initiated either by citizen petition or by a City Council resolution that includes the specified purposes. Many essential expenditures are exempt from LOSST, including but not limited to rent, mortgages, groceries, vehicles, utilities, gasoline, prescription drugs, and medical services and devices. Most other sales or services must pay LOSST if adopted locally. A general list of goods and services subject to the sales tax is provided as Attachment A. Additional information is available on the Iowa Department of Revenue website. All uses of LOSST must be specified in the ballot language. State law mandates that at least 50% of LOSST revenue be allocated to property tax relief. The remaining funds may be directed toward other community priorities. The City Council identified the following priorities in addition to property tax relief: • 25% to preserve existing affordable housing stock, increase shelter and transitional housing supports, and increase access to and the supply of affordable housing for households with low incomes. • 10% for maintenance and construction of public streets, sidewalks, trails, parks, and facilities as designated by City Council. • 15% for community partnerships, including, but not limited to, partnerships that support intergovernmental, economic development, arts and culture, and social service priorities as designated by City Council. If LOSST is approved by the voters, it would go into effect on July 1, 2026. The proposed resolution does not include a sunset provision. Attachment A Iowa Department of Revenue Sales & Use Tax Guide Summary Taxable or Exempt Based on https://revenue.iowa.gov/taxes/tax-guidance/sales-use-excise-tax/sales-use-tax-guide Information current as of June 9, 2025 Unless otherwise noted, the tax rate for all taxable items shown below is: ■ 6% state sales tax, plus ■ 1 % local option sales tax, if applicable 911 Surcharge Exempt: ■ The surcharge for "enhanced" 911 emergency telephone service The surcharge can be no more than $1 per month per telephone access line. Advertising Exempt: ■ Envelopes used primarily for advertising ■ Advertising and promotional materials, such as: ■ Seed catalogs ■ Brochures ■ Leaflets ■ Return envelopes, and ■ Other similar materials which are stored in Iowa before being sentfor use out- of-state Agriculture See Farmers Guide to Iowa Taxes Aircraft Taxable: ■ Tax collected by the Iowa Department of Transportation at the time of registration in Iowa The purchase of an aircraft does not qualify for exemption as a "casual sale." Tax Rate ■ 6% state use tax ■ NO local option sales tax Exempt: ■ If registered out-of-state ■ Exempt only to aircraft used in Interstate Federal Aviation Administration certified air carrier operations: ■ Sale or rental of aircraft (scheduled operation only) ■ Exempt for all aircraft: ■ Sale or rental of any tangible personal property permanently affixed to any aircraft that is a component part of an aircraft ■ Rendering, furnishing, or performing of services in connection with repair, remodeling, or maintenance of aircraft ■ For purposes of these exemptions, "aircraft' means the same as defined in Iowa Code section 328.1, which defines it as "any contrivance now known or later invented which is designed and used for navigation and flight in the air, and made to transport people or property." All -Terrain Vehicles (ATVs) Taxable: ■ ATVs, including off -road vehicles and off -road motorcycles, if delivery is taken in Iowa or if purchased out-of-state for use in Iowa. ATVs do not qualify for exemption as a "casual sale." If sold by an individual, the county will collect the tax upon registration. Exempt: ■ ATVs used primarily in agricultural production. Prior to 7-1-15, ATVs were required to be directly and primarily used in agricultural production to qualify for exemption. American Indians See the Government Entities section below for additional information regarding sales to tribal governments. Taxable: ■ Purchases by persons who are not American Indians where delivery takes place on the settlement or reservation and ■ Purchases byAmerican Indians where delivery occurs off the settlement or reservation Exempt: ■ Sales to American Indians where delivery occurs on the American Indian settlement or reservation Amusement / Tickets or Admissions Taxable: ■ Places of amusement ■ Fairs ■ Athletic events ■ Amusement devices ■ Games of skill* ■ Games of chance* ■ Raffles* ■ Bingo games* ■ Card game tournaments* ■ Commercial amusement enterprises ■ Fees for participation in any game or other form of amusement ■ Musical devices ■ Weighing machines ■ Shooting galleries ■ Billiard and pool tables ■ Bowling alleys ■ Pinball machines ■ Slot -operated devices ■ Vending machines of all types ■ Devices or systems where prizes are awarded * A state gambling license may be required. Call the Iowa Department of Inspections and Appeals at 515-281-6848. Exempt: ■ Athletic events of elementary and secondary schools ■ State and county fairs ■ Entry fees if the admission charge is subject to tax Athletic Fees / Facilities Taxable: ■ Private club fees paid for participating in athletic sports, fitness centers, or commercial recreation - this generally includes any special assessments ■ Fees paid to cities and counties for participating in any athletic sport. Boat Sales Taxable if: Delivery is taken in Iowa Purchased out-of-state for use in Iowa A boat does not qualify for exemption as a "casual sale." If sold by an individual, the countywill collect the tax upon registration. Casual Sales Exempt: ■ This exemption does not apply to vehicles subject to registration, ATVs, off -road motorcycles, off -road utility vehicles, aircraft, orwatercraft. The Casual Sale Exemption Applies If: 1. It is a sale of a nonrecurring nature, and 2. The seller at the time of the sale is not engaged insetting goods or taxable services for profit; or if the seller is so engaged, the casual sale must be outside the regular course of business Nonrecurring Two separate selling events outside the regular course of business within a 12-month period Recurring Three separate selling events within a 12-month period are considered recurring. Tax applies beginning with the third separate selling event. When a sale event is planned and occurs consistently over a span of years, the sale is recurring and not casual, even though only one sale event occurs each year. Outside the Regular Course of Business Sales of capital assets such as equipment, machinery, and furnishings are usually considered to be outside the regular course of business, and the casual sale exemption applies as long as the sales are nonrecurring. Selling Property Used in the Course of Business In addition to the casual sales exemption provisions mentioned above, when a retailer sells all or substantially all of the tangible personal property held or used in the course of business, the casual sale exemption also applies when the following circumstances exist: ■ The trade or business is transferred to another person(s), and ■ The transferee(s) engages in a similar trade or business. Services Performed by Students The casual sale exemption also applies when the following circumstances exist: ■ The owner of the business is the only person performing the services; and ■ The owner of the business is a full-time student; and ■ Total gross receipts from the services do not exceed $5,000 for a calendar year. Communication Service Taxable: ■ Sale of intrastate communication ■ Prepaid telephone calling cards and prepaid authorization numbers ■ Intrastate fax services ■ Services of transmitting messages, night letters, day letters, and all other messages of similar nature ■ Sales from coin -operated telephones ■ Telegrams and similar charges ■ Charges for directory assistance if the service is intrastate Exempt: ■ Sale of interstate communication Computers and Software Taxable: ■ Computer hardware (see also exempt section below) ■ Software delivered in physical or digital form ■ Services arising from or related to installing, maintaining, servicing, repairing, operating, upgrading, or enhancing specified digital products ■ Software as a service Exempt: ■ Computers and computer peripherals used by a manufacturer in certain exempt manners described in Iowa Code section 423.3(47) See Tax Guidance as it relates to computers Conditional Sales / Installment Sales A conditional sales contract allows the purchaser to use the item purchased, but title to the property does not pass to the buyer until a condition has been met — usually full payment of the purchase price. Therefore, an installment sale is a conditional sales contract. Taxable: ■ The full contract price at the time the purchaser takes delivery of the property Exempt: ■ Interest and finance charges when separately stated and reasonable in amount ■ The periodic payments made under the contract Conference and Banquet Rooms Exempt: ■ The rental of conference rooms and banquet rooms are exempt from state tax, local option tax, and local hotel and motel tax. Construction Contractors See Iowa Contractors Guide Construction Contracts with Designated Exempt Entities See Construction Contracts with Designated Exempt Entities Containers Exempt when: (1) sold to retailers or manufacturers for the purpose of packaging or facilitating the transportation of tangible personal property sold at retail or to further transfer the property to the customer in association with the maintenance or repair of fabric or clothing, or (2) sold to be used directly and primarily in agricultural, livestock, or dairy production: ■ Containers ■ Labels ■ Cartons ■ Pallets ■ Packing cases ■ Wrapping paper ■ Twine ■ Bags ■ Bottles ■ Shipping cases, and ■ Other similar articles Credit Card Fees A credit card processing or transaction fee is subject to taxwhen charged on taxable sales. For further discussion, see the "sales price" section above. Coupons, Discounts, Rebates, Coupon Books and Gift Certificates/Cards Taxable: ■ Tax is due at the time the coupon or certificate is redeemed by the customer Exempt: ■ Coupon books and gift certificates are exempt from tax at the time they are purchased Discount means "to buy at a reduction." Iowa sales tax applies to the reduced price paid by the customer. Certain retailers bill their customers on a gross and net basis, with the difference considered to be a discount for payment purposes. When a customer does not resolve the bill within the net payment period, tax applies on the gross charge shown on the billing. Arebate is a return of part of an amount paid for a product. Manufacturers' rebates are not discounts and cannot be used to reduce the gross receipts received from a sale or reduce the purchase price of a product. This rule applies even though the rebate is used by the seller to reduce the selling price or is used by the purchaser as a down payment. The rebate is considered a transaction between the manufacturer and the purchaser. Iowa sales tax applies to the amount paid by the purchaser to the seller. That amount cannot be reduced by the amount of the rebate before sales tax is applied. In most situations, sales tax will be charged on the full price of the item purchased. Finance Charges Taxable: ■ Finance charges included in the selling price as a condition of sale Exempt: ■ Interest or other types of charges that result from selling on credit or under installment contracts if separately stated and reasonable in amount Florists Taxable: ■ Orders taken by an Iowa florist and communicated to a second florist in Iowa The "send ingftorist" is responsible for collecting the tax. Exempt: ■ Orders taken by an Iowa florist and communicated to a second florist located outside Iowa for delivery to a point outside Iowa Food For a full listing, see Iowa Sales Tax on Food (https://re venue.iowa.gov/taxes/tax-guidance/sales-use-excise-tax/iowa-sales-tax-food] Taxable (General Listing): ■ Alcoholic beverages ■ Candy, candy -coated items, and candy products, including gum ■ Certain beverages, including those with 50% or less fruit orvegetable juice ■ Cosmetics ■ Dietary supplements ■ Chewinggum ■ Garden seeds and plants used to produce food unless (not produce from seeds and plants grown for resale) ■ Health aids such as aspirin, cough drops or syrups, and other cold remedies, antacids, and all patent medicines or other products used as health aids ■ Household aids ■ Paper products ■ Pet foods and supplies ■ Soaps and detergents ■ Tobacco products ■ Toiletry articles ■ Tonics ■ Vitamins, minerals, and dietary supplements Exempt (General Listing): Sales of the following types of food products for consumption off the premises of the retailer are exempt from tax. Retailer -prepared food for immediate consumption, candy, candy -coated items, candy products, and certain beverages are taxable. This list is intended to provide a general understanding of the types of foods that are exempt. ■ Anyfood stamp purchases ■ Bread and flour products ■ Bottled water ■ Cereal and cereal products, unless taxable as candy in the form of a bar ■ Cocoa and cocoa products, unless taxable as candy ■ Coffee and coffee substitutes ■ Dietary substitutes and specialtyfoods, including diabetic and dietetic, enriched or fortified foods, infant formulas, and certain foods commonly referred to as health food items or dietary replacements ■ Eggs and egg products ■ Fish and fish products ■ Food or cooking ingredients incorporated into food items, such as lard, vegetable oils, or pectin (commonly used as a base in makingjams and jellies). ■ Frozen foods ■ Fruits / fruit products /fruitjuices containing more than 50%fruit orvegetable juice ■ Ice unless specifically labeled for nonfood use ■ Margarine, butter, and shortening ■ Meats and meat products ■ Milk and milk products, including packaged ice cream products ■ Snack foods generally, such as nuts, potato chips, popcorn, corn chips, and pretzels. ■ Spices, condiments, extracts, and artificial food coloring ■ Sugar, sugar products and substitutes, unless taxable as candy ■ Tea ■ Trail mix ■ Vegetables and vegetable products Freight, Shipping, and Handling Charges Taxable: Inbound freight or freight -in charges do not fall within the definition of delivery charges, and are taxable when added to the price of a taxable retail sale. An example of when "freight -in" charges might appear is a situation where a purchaser wishes to buy a product from a retailer, but that retailer doesn't have the item in stock and must order the product. If the retailer prices the product at a certain amount, plus the shipping costs associated with obtaining the product by ordering from their supplier, those associated costs (freight -in) are not exempt delivery charges even if separately stated. These charges reflect the costs a seller may incur to secure possession of the product from their supplier. Exempt delivery charges constitute the costs necessary to transfer the product from the seller to the purchaser. Exempt: ■ If separately invoiced or separately stated on the bill Fuel Taxable: ■ Dyed diesel, unless used for agricultural production or other exempt purpose ■ LPG (propane), unless used for manufacturing or other exempt purpose or to power a registered vehicle Exempt: ■ Clear diesel and other motor fuel and special fuel if: The fuel is consumed for highway use, in watercraft, or in aircraft, The Iowa fuel tax has been imposed and paid, and No refund or credit of fuel tax has been made or will be allowed Gambling A state gambling license may be required. Call the Iowa Department of Inspections and Appeals at 515-281-6848. See Iowa Tax on Gambling Gifts by Retailer Taxable: ■ Tangible personal property purchased exempt from tax for the purpose of resale and later given away or donated The retailer includes the purchase price of the item under "goods consumed" on the sales tax return. Government Entities Taxable: ■ Sales to any municipally -owned public utility engaged in selling gas, electricity, or heat to the general public ■ Sales made by the State of Iowa ■ Sales of utilities and fees for participating in athletic sports made by a county or city Exempt: ■ Sales to the federal government ■ Sales to a tribal government, defined by Iowa Code section 216A.161 as "the governing body of a federally recognized Indian tribe." ■ Sales to any tax -certifying or tax -levying body of the State of Iowa, or governmental subdivision, including:Sales by a county or city — except for utilities and fees charged for participating in athletic sports ■ State Board of Regents ■ State Department of Human Services ■ State Department of Public Health ■ State Department of Transportation ■ Any municipally -owned solid waste facility which sells all or part of its processed waste as fuel to a municipally -owned public utility ■ Regional transit systems, and ■ All divisions, boards, commissions, agencies, or instrumentalities of state, federal, tribal, county or municipal government which have no earnings going to the benefit of an equity investor or stockholder See Iowa Tax Responsibilities of Cities and Counties See Construction Contracts with Designated Exempt Entities Gratuities and Tips Taxable: Gratuities that are mandatory charges and automatically added to the bill Exempt: Gratuities given voluntarily by the customer Greenhouses Taxable: ■ Heating or cooling office space ■ Repair labor Exempt: If used to produce flowering, ornamental or vegetable plants in commercial greenhouses or other places for sale: ■ Fuel used for heating or cooling of production areas ■ Electricity used in production ■ Machinery and equipment used directly and primarily in production ■ Auxiliary attachments ■ Replacement or repair parts ■ Water used for production Internet Taxable: ■ Internet sales of taxable goods delivered in Iowa ■ Items delivered to the purchaser electronically or digitally Exempt: ■ Internet access fees Interstate Commerce Taxable: Delivery to a buyer in Iowa or the buyer's agent (other than a common carrier) in Iowa Exempt under certain circumstances: ■ Services performed on property delivered into interstate commerce, and ■ Tangible personal property delivered into interstate commerce Delivery into interstate commerce is made when the seller uses his or her own vehicles to deliver the goods out of Iowa or directly assigns goods to a common carrier for shipment out of Iowa. Janitorial / Building Maintenance / Cleaning Services Taxable: Janitorial / Building Maintenance / Cleaning Services are taxable. Exempt: Services performed in a private residence, including an apartment or multiple housing unit, and the person paying for the services is an occupant of the residence. Laundry Taxable Laundering, dry cleaning, pressing, and dyeing Exempt The use of self -pay washers and dryers Layaway Sales Taxable: Taxable products purchased on layaway Tax is reported during the period in which delivery of the layaway occurs, usually when the final payment has been made. Lease and Rental Taxable: ■ Equipment and tangible personal property ■ Receipts from the rental of certain motor vehicles subject to registration with a gross weight of 13 tons or less when the lease or rental contract is for a period of 60 days or less ■ Recreational vehicles ■ Lease or rental of film, tapes, discs, records, and other media to the ultimate user, unless the ultimate user will be broadcasting it to the public Tax Rate ■ 6% state tax, plus ■ Local option tax, if any, plus ■ Automobile rental tax, when applicable Exempt: ■ Tangible personal property purchased for leasing ■ Film, tapes, discs, records, and other media which can be seen, heard, or read if the sale is to a person regularly engaged in the leasing or renting of these items Lod in See Iowa Hotel and Motel Tax Guidance. Manufacturing and Processing The Department maintains an in-depth guide to sales and use tax on manufacturing and processing. Please see that guide for more information. Medical Exempt for human use and consumption: ■ Certain medical devices when sold or rented to the ultimate user ■ Oxygen equipment and oxygen; prescriptions not required ■ Insulin, hypodermic syringes, and diabetic testing materials ■ Prescription drugs dispensed by a registered pharmacist or licensed physician, surgeon, dentist, or podiatrist See Medical Clinics and Related Businesses - Iowa Sales and Use Tax Information Newspapers Exempt: ■ Newspapers ■ Free newspapers ■ Shoppers' guides Nonprofit Organizations Taxable: Tangible personal property or services purchased and used by churches and most other nonprofit organizations Exempt: ■ Sales to any Iowa private nonprofit educational institution used for educational purposes ■ Sales to nonprofit hospitals (licensed under Iowa Code chapter 13513) for use in the operation of the hospital ■ Sales to nonprofit hospices ■ Sales to nonprofit private museums ■ Sales of building materials to Habitat for Humanity in Iowa ■ Proceeds from fundraising activities that are used for educational, religious, or charitable purposes if the profits from the sales are used by or donated to one of the following: ■ An entity that is exempt from federal income tax under Internal Revenue Code section 501(c)(3); ■ A government entity (including public schools); or ■ A private nonprofit educational institution See Iowa Tax Issues for Nonprofit Entities, which includes the full list of nonprofit entities that qualify for exemption. See Construction Contracts with Designated Exempt Entities Optional Warranty Contracts Taxable: ■ Optional service or warranty contracts that furnish taxable labor or materials ■ Computer software maintenance contracts that provide the taxable transfer of tangible personal property ■ Additional charges for parts and taxable labor in addition to that covered by a warranty or maintenance contract -only parts and not laborwill be subject to taxwhere a nontaxable service is performed if the labor charge is separately stated Partially Taxable: computer software maintenance contracts that provide technical support services and the taxable transfer of tangible personal property, and no separate fee is stated for either the performance of the service or the transfer of the property, then tax is imposed on 50% of the sales price of the contract Exempt: ■ Residential warranty contracts ■ Computer software maintenance contracts that provide technical support services only and do not provide any materials ■ Preventive maintenance contracts which require only the visual inspection of equipment and no repair is included Portable Toilet Rentals and Servicing Taxable: The rental of a portable toilet is the sale of tangible personal property, the sales price of which is subject to sales tax. Waste removal exempt if separately itemized: When a portable toilet rental company also sells waste removal services and itemizes that service separately on an invoice, the waste removal service is not subject to tax: sewage sludge is excluded from the definition of "solid waste," the removal of which is otherwise taxable under Iowa Code section 423.2(7). However, if the rental company does not separately itemize the waste removal service and the portable toilet rental in a contract to provide such products and services, the entire sales price is taxable as a bundled transaction under Iowa Code section 423.2(8). Printers and Publishers Exempt: Sales and rentals to printers and publishers of numerous supplies used to complete a finished printed product for retail sale. Prizes Exempt if purchased by the sponsor: Tangible personal propertyto be given as a prize to a player in games of skill, chance, bingo, or raffle Processing Exempt: Electricity or steam or any taxable service purchased and used in the actual processing of tangible personal property intended to be ultimately sold at retail Tangible personal property sold for processing when it: ■ By means of fabrication, compounding, manufacturing, or germination becomes an integral part of other tangible personal property intended to be ultimately sold at retail. ■ Is a chemical, solvent, sorbent, or reagent, which is directly used and consumed, dissipated, or depleted in processing tangible personal property intended to be sold ultimately at retail, even if it does not become a component or integral part of the finished product. Similar items are also exempt when consumed in the maintenance or repair of fabric or clothing. Is consumed as fuel in creating heat, power, or steam for processing, including grain drying, in maintenance of the quality of the product being manufactured, for providing heat or cooling for livestock buildings or for generating electric current, or consumed in self-propelled implements of husbandry engaged in agricultural production, such as fuel used in a farm tractor used to plant corn Railroads Taxable: Taxable services performed on railroad rolling stock Exempt: ■ Personal property used or to be used as railroad rolling stock or as materials or parts thereof ■ Locomotives ■ Railroad cars ■ Maintenance—of—wayequipmentwhich is used to transport persons or property ■ Fuel and lubricants used in railroad rolling stock Rent -to -Own Taxable: Rent -to -own contracts are taxable as conditional / installment sales Resale Exempt: Tangible personal property and services purchased for resale The purchaser should provide the seller a properly completed Sales Tax Exemption Certificate (31-014�. Resale of tangible personal property Tangible personal property is for resale when sold to retailers, wholesalers, jobbers, or any person who is not the ultimate user or consumer of the property and who holds the property for the purpose of selling it to another. Resale of a service An example of a service sold for resale is when an auto repair shop subcontracts a job to another auto repair shop. Resale of property connected with a service Property that is resold in connection with a service is exempt when all of the following occur: 1. The provider and the user of the service intend that a sale of property will occur, and 2. Thep rope rty is transferred to the user in a form or quantity which is capable of any fixed or definite price value and is actually sold to the customer in conjunction with the performance of these rvice, or the property is entirely consumed in connection with the performance of an auto body repair service purchased by the ultimate user, and 3. The charge forth e property is listed separately on the bill, unless the property is entirely consumed in connection with the performance of an auto body repair service purchased by the ultimate user. Examples: 1. An investment counselor purchases envelopes. These envelopes are used to send out monthly reports to the investment counselor's clients regarding their accounts. Tax is due at the time the investment counselor purchases the envelopes if the clients are not billed for these items. Each envelope is transferred to a client in a form or quantity which is capable of a fixed or definite price value. However, there must also be an actual sale to the client (customer) of an item of personal property in order that there be a "resale" of the item. 2. Ajeweler purchases materials such as main springs and crystals to be used in the performance of a service. These items are purchased by the jeweler for resale where they are transferred to the customer in a form or quantity capable of a fixed or definite price value and each item is actually sold to the customer as evidenced by a separate charge. 3. An accounting firm purchases plastic binders used to cover reports issued to its customers. The firm must pay sales tax on the binders when purchasing them since they are not being sold to their customers. Services Taxable: ■ Iowa taxes about 75 services ■ See Iowa Sales and Use Tax: Taxable Services Exempt ■ Sales of services are not subject to Iowa sales tax unless specifically taxed by state law. ■ Services performed on or in connection with new construction, reconstruction, alteration, expansion, or remodeling of a building or structure ■ Services used in reconditioning or repairing tangible personal property normally sold in the regular course of the retailer's business and which is held for sale by the retailer Snowmobiles and Watercraft Taxable: ■ If delivery is taken in Iowa ■ If purchased out-of-state for use in Iowa Snowmobiles and watercraft do not qualify for exemption as "casual sales." If sold by an individual, the countywill collect the tax upon registration. Solar Energy Equipment Exempt: ■ Iowa law allows an exemption from sales tax for the sale of "solar energy equipment." Iowa Code section 423.3(90) defines solar energy equipment as "equipment that is primarily used to collect and convert incident solar radiation into thermal, mechanical, Tariffs or electrical energy or equipment that is primarily used to transform such converted solar energy to a storage point or to a point of use." This includes but is not limited to panels, inverters, solar roof tiles or shingles, and energy transmission devices. It does not include a battery or other storage point, equipment used for safety or security of the equipment such as fencing, or equipment not used to collect, convert, or transmit solar energy. It also does not include materials used to manufacture, install, or construct solar energy equipment, such as racking to install or mount solar energy equipment or pads or foundations to support a solar energy equipment installation. While not defined in this exemption, the Department typically interprets "primary use" as requiring equipment be used in the prescribed manner for more than half of its use. This will likely not be an issue for this exemption since once the equipment is installed, it is likely not used for any other purpose. There are no limitations or qualifications for the type of purchaser claiming an exemption for the purchase of solar energy equipment. Tariffs are duties the federal government imposes on imports. When a product that was subject to a tariff is sold, the seller may add the amount of the tariff to the final sales price, or the seller may impose a separate charge for the tariff. Taxable: ■ The amount of tariff that is either added to the final sales price or imposed as a separate charge is subject to Iowa sales or use tax when the related product is also taxable. Exempt: ■ When a product is exempt from Iowa sales or use tax, the amount of a related tariff is also exempt. For retailers: When you sell a product that is subject to Iowa sales or use tax, you must also collect sales tax on any charge for tariffs related to that product. If you impose a separate tariff charge on your customer, both the sales price for the product and the tariff charge are subject to Iowa sales or use tax if the product is also taxable. If your supplier imposes a separate tariff charge on your purchase, any amount you add to the sales price due to the tariff when selling to your customer is also subject to Iowa sales or use tax. If the product is exempt from sales or use tax, the tariff charge is also exempt from sales or use tax. For purchasers: When you buy a product that is subject to Iowa sales or use tax, you must also pay Iowa sales or use tax on any charge for tariffs related to that product. If you pay a separate tariff charge, both the sales price for the product and the tariff charge are subject to Iowa sales or use tax if the product is also taxable. If the product is exempt from sales or use tax, the tariff charge is also exempt from sales or use tax. For importers: If the importer's purchase is subject to Iowa sales or use tax (for example, a purchaser directly buys and imports a product for their own use and not for resale), any tariff is not included in the taxable sales price if the tariff is legally imposed on the importer and separately stated on the invoice, bill of sale, or similar document given to the purchaser. Any tariff the importer pays directly to the customs authority is not included in the taxable sales price and is not subject to Iowa sales or use tax. Tangible Personal Property Taxable: Unless a specific exemption has been written into the law Trade -Ins Trade-ins may reduce the taxable price of a transaction when: ■ Tangible personal property is traded toward the purchase price of other tangible personal property and ■ The trade-in is the type of item that is sold in the retailer's regular course of business and ■ The item traded -in is to be ultimately sold at retail. Transportation Services Taxable: ■ Armored car services ■ Personal transportation services, including: ■ Taxis ■ Driver services ■ Ride sharing services ■ Rides for hire ■ Limousine services ■ Bus services ■ Shuttle services ■ Certain car and airplane rentals Tax Rate ■ 6% state tax, plus ■ Local option tax, if any, plus ■ Automobile rental tax, when applicable Exempt: ■ Airline ■ Railroad For more information about personal transportation service, see additional guidance. Utilities Generally, the sales, furnishing, or service of gas, electricity, water, heat, pay television and communication services, including the sale of these items by municipal corporations, are taxable. Residential Energy ■ Exempt from state sales tax ■ Local option tax, if any, applies Sewage / Solid Waste and Disposal Services Taxable when billed to nonresidential commercial operations. Vending Machines and Other Coin -Operated Devices Taxable: ■ Candy, candy -coated items, candy products, and ■ Certain beverages An operator who places vending or other coin -operated machines in different locations needs only one permit. This could be a sales tax permit for in -state retailers or a retailer's use tax permit for out-of-state retailers. Tax Rate applied at location of machine ■ 6% state tax, plus ■ Local option tax, if any Wind Energy Conversion Materials Exempt: Materials used to manufacture, install, or construct property used to convert wind energy to electrical energy , r. Prepared by Kirk Lehmann, Assistant City Manager, 410 E. Washington St., Iowa City, IA (319)3565014 Resolution No. 25-195 Resolution submitting the Local Sales and Services the City of Iowa City. question of the imposition of a Tax to the qualified electors of Whereas, Chapter 423B of the Iowa Code provides for the imposition of certain local option taxes, including a local sales and services tax; and Whereas, the Code provides that the question of the imposition of a 1 cent local sales and services tax shall be submitted to the registered voters of a City located in a qualified county upon receipt by the county commissioner of elections of a motion requesting such submission, adopted by the governing body of the City; and Whereas, the City Council of the City of Iowa City, Iowa is the governing body of the City of Iowa City, which is located in a qualified county with a population of at least 130,000 but not more than 131,000 according to the 2010 federal decennial census; and Whereas, the City Council's Strategic Plan for Fiscal Years 2023-2028 updated December 2024 proposes considering alternative revenue sources including a Local Option Sales and Services Tax (LOSST) to help achieve strategic plan goals, fund infrastructure and facility needs, and reduce reliance on property tax; and Whereas, recent State property tax reform legislation, tepid taxable property valuation growth, and inflationary pressures have led to a challenging budgetary environment for the City which drives the need to diversify revenue structures for Council to expand investment in community priorities; and Whereas, many daily necessities are exempt from sales tax in Iowa, including rent and mortgage payments, groceries, vehicles, utilities, gasoline, and prescription drugs which minimizes the regressivity of establishing a new 1 % LOSST; and Whereas, many visitors travel to the community and utilize City services but do not currently provide tax revenue that helps pay for the cost of City services; and Whereas, Iowa City residents pay sales taxes in other jurisdictions because, with the exception of Iowa City and Ankeny, all of the largest cities and more than 1,000 jurisdictions in the State of Iowa have adopted a LOSST; and Whereas, State law requires 50% of LOSST to be allocated to property tax relief; and Whereas, in recognition of the need for housing that is affordable to low income residents, Council's Strategic Plan contains action steps which include implementing the City's Affordable Housing Action Plan, encouraging the creation of new permanent affordable housing, and responding to challenges facing the unhoused community; and Resolution No. 25-195 Page 2 Whereas, adequate funding for the maintenance and construction of public streets, sidewalks, trails, parks, and facilities is essential to providing core services as other funding sources are affected by State tax reform and federal decisions; and Whereas, Iowa City is home to a network of community partners that are dedicated to economic development, arts and culture, and social service priorities and able to effectively and efficiently provide services in the event that additional revenue becomes available; and Whereas, the City Council finds it to be in the best interests of the City for the voters to determine whether a 1 cent LOSST should be imposed without a sunset to be used by the City of Iowa City for property tax relief, affordable housing, community partnerships, and public facilities and infrastructure, as set forth in the ballot proposition stated below Now, therefore, be it resolved by the City Council of Iowa City, Iowa, as follows: 1. The following ballot proposition language for the proposed imposition of a local sales and services tax is approved: "SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED?" Yes [a Summary: To authorize imposition of a local option sales and services tax in the City of Iowa City, Iowa at the rate of one percent (1%) to be effective on July 1, 2026. A local option sales and services tax shall be imposed in the City of Iowa City, Iowa at the rate of one percent (1%) to be effective on July 1, 2026. Revenues from the sales and services tax shall be allocated as follows: 50% for property tax relief; The specific purposes for which the revenues shall otherwise be expended are: 25% to preserve existing affordable housing stock, increase shelter, transitional, and permanent housing supports, and increase access to and the supply of affordable housing for households with low incomes. 10% for maintenance and construction of public streets, sidewalks, trails, parks, and facilities as designated by City Council. 15%for community partnerships, including, but not limited to, partnerships that support intergovernmental, economic development, arts and culture, and social service priorities as designated by City Council. 2. The Johnson County Commissioner of Elections is hereby requested and authorized to place said ballot proposition language on the ballot for a special election to be held on the date of the general election on November 4, 2025. Resolution No. 25-195 Page 3 3. The City Clerk is hereby authorized and directed to promptly provide a certified copy of this resolution to the Johnson County Commissioner of Elections. Passed and approved this 5U day of August, 2025. �- Mawr Approved by: Attest IIAC.� City Clerk City Attorney's — /06/2025 Resolution No. 25-195 Page No. 4 It was moved by Marmsen , and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter Y Bergus x Harrnsen a Moe x Salih x Teague x Weilein Moe , that the Prepared by Kirk Lehmann, Assistant City Manager, 410 E. Washington St., Iowa City, IA (319)350-5014 Resolution No. Resolution submitting the question of the imposition of Local Sales and Services Tax to the qualified electo of \Cpter y of Iowa City. Where423E of the Iowa Code provides for the impost ' n of certain local option luding a local sales and services tax; and Whereas, the Co provides that the question of the impost ' n of a 1 cent local sales and services tax sh 1 be submitted to the registered vote of a City located in a qualified county upon eceipt by the county commissioripf of elections of a motion requesting such submi ion, adopted by the gov/erninbody of the City; and Whereas, the City Council f the City of Iowa Citis the governing body of the City of Iowa City, which is local 'n a qualified couna population of at least 130,000 but not more than 131,000 a rding to the 2 0 federal decennial census; and Whereas, the City Council's Statt is Pla or Fiscal Years 2023-2028 updated December 2024 proposes conside g a rnative revenue sources including a Local Option Sales and Services Tax (LO to help achieve strategic plan goals, fund infrastructure and facility needs, and uce reliance on property tax; and Whereas, recent State property t refor legislation, tepid taxable property valuation growth, and inflationary pin ur have le o a challenging budgetary environment for the City which drives the need o diversify re enue structures for Council to expand investment in community pri hies; and Whereas, many daily negOssities are exempt fro sales tat{ in Iowa, including rent and mortgage payments, g eries, vehicles, utilities, soline, and prescription drugs which minimizes the regress' ity of establishing anew 1 % OSST; and Whereas, many visifors travel to the community and u ' ize City services but do not currently provide j6x revenue that helps pay for the cos f City services; and Whereas, low City residents pay sales taxes in other jurisNictions because, with the exception of wa City and Ankeny, all of the largest cities a d more than 1,000 jurisdiction§An the State of Iowa have adopted a LOSST; an State law requires 50% of LOSST to be allocated to p)Vperty tax relief; and Whep6as, in recognition of the need for housing that is affordable t low income res ents, Council's Strategic Plan contains action steps which inclu a implementing the C' s Affordable Housing Action Plan, encouraging the creation of ne permanent affordable housing, and responding to challenges facing the unhoused community; and Whereas, adequate funding for the maintenance and construction of pubX streets, side Iks, trails, parks, and facilities is essential to providing core serv' s as other fundin sources are affected by State tax reform and federal decisio ;and Whereas, wa City is home to a network of community partne at are dedicated to economic d elopment, arts and culture, and social service pr' rities and able to effectively an efficiently provide services in the event that ditional revenue becomes available; and Whereas, the City ouncil finds it to be in the best intep6sts of the City for the voters to determine whether a 1 cent LOSST should be impos without a sunset to be used by the City of Iowa City f property tax relief, affordab housing, community partnerships, and public facilities and' frastructure, as set fort n the ballot proposition stated below. Now, therefore, be it resol d by the City Cou it of Iowa City, Iowa, as follows: 1. The following ballot p osition Ian uage for the proposed imposition of a local sales and services tax is pprova 'SHALL THE Summary: To authorize', iryfpositionsp City of Iowa City, Iowa/�{ the rate of 2026. A local option sales d services tax: at the rate of one p rcent (1 %) to be MEASURE BE ADOPTED?" Yes No a local option sales and services tax in the )ne percent (1%) to be effective on July 1, imposed in the City of Iowa City, Iowa 'r on July 1, 2026. Revenu/oshall e sales and services tax she be allocated as follows: 50% foax relief; The spses for which the revenues shall of erwise be expended are: be used to preserve existing affordabl housing stock, increase transitional housing supports, and incr se access to and the ffordable housing for households with to 'ncomes. 10% shall be used for maintenance and constructior\of public streets, sidewalks, trails, parks, and facilities as designated by City Council. 15% shall be used for community partnerships, including, butTot limited to, partnerships that support intergovernmental, economic devel ment, arts and culture, and social service priorities as designated by City Council. 2. The Johnson County Commissioner of Elections is hereby requested and authorized to place said ballot proposition language on the ballot for a special election to be held on the date of the general election on November 4, 2025. 3. The City Clerk is hereby authorized and directed to promptly copy of this resolution to the Johnson County Commissioner of and approved this 5" day of August, 2025. Approved It was moved by d seconded by that the Resolution be adopte ,and upon II call there were: AYES: NAYS: ABS NT Alter liergus Harmsen Item Number: 11 J. CITY OF IOWA CITY COUNCIL ACTION REPORT August 5, 2025 Resolution adopting an assessment schedule of unpaid mowing, clean-up of property, snow removal, sidewalk repair, and stop box repair charges and directing the Clerk to certify the same to the Johnson County Treasurer for collection in the same manner as property taxes. Prepared By: Connie McCurdy, Administrative Secretary Reviewed By: Kirk Lehmann, Assistant City Manager Susan Dulek, First Assistant City Attorney Kellie K Grace, City Clerk Fiscal Impact: No impact Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Exhibit A Exhibit B Executive Summary: This resolution is to adopt an assessment schedule for unpaid mowing, property clean-up, and snow removal. Background / Analysis: The City has the authority under Iowa Code §364.13B to assess the nuisance abatement costs in the same manner as a property tax. This resolution allows the City Clerk to certify to the Johnson County Treasurer the abatement cost to be assessed against the property. This assessment is being pursued only after the City took many steps to resolve the matter. The City notified the owners to abate the nuisance (for example, to remove snow from the sidewalk) and after the owner did not take action to abate the nuisance, the City abated the nuisance and billed the owner. After being billed at least twice, these owners still have not paid the abatement costs. The City has sent a letter to the owner giving them notice that this resolution would be on the agenda, a copy of which is attached to the resolution. No interest will be charged if the owner pays within 30 days of the first required publication. Attached as an exhibit to the resolution is a list of the properties that will be assessed and the amount that will be assessed. Prepared by: Kellie Grace, 410 E. Washington St., Iowa City, IA 52240-319-356-5040 Resolution No. 25-196 Resolution adopting an assessment schedule of unpaid mowing, clean-up of property, snow removal, sidewalk repair, and stop box repair charges and directing the Clerk to certify the same to the Johnson County Treasurer for collection in the same manner as property taxes. INCOMPLETE DOCUMENT Prepared by: Kellie Grace, 410 E. Washington St., Iowa City, IA 52240-319-356-5040 Resolution No. Resolution adopting an assessment schedule of unpaid mowing, clean-up of property, snow removal, sidewalk repair, and stop box repair charges and directing the Clerk to certify the same to the Johnson County Treasurer for collection in the same manner as property taxes. Whereas, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same manner as property taxes; and Whereas, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; and Whereas, Iowa Code § 364.13B authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and Whereas, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and time of the public hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa: Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code § 384.60(1). The amounts listed in Exhibit A for unpaid mowing charges, clean-up property charges, snow removal charges, sidewalk repair charges and stop box repair charges are confirmed and levied against the properties listed in Exhibit A. All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on September 18, 2025. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until September 17, 2025, payment maybe made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the final assessment schedule. Passed and approved this day of Attest: City Clerk It was moved by and seconded by adopted, and upon roll call there was: Ayes: Mayor Approved by Nays: Absent: City Attorney's Office Alter Bergus Harmsen Moe Salih Teague Weilein 2025. the Resolution be CITY OF IOWA CITY ASSESSMENT SCHEDULE OF UNPAID WEED JUL 2 $ 2025 REMOVAL, SIDEWALK REPAIR, SNOW REMOVAL, STOP BOX REPAIR, AND PROPERTY CLEANUP City Clerk Dec-25 Iowa City, Iowa Frozen Meters = Water Lien arce less ad ServiDo s se o os a ante Property Address Legal Description Number Value Property OWner Rendered Number Services) Service Invoice# Outstanding 608 WALNUT ST, IOWA Tall Grass and CITY IOWA CITY BORLAND PLACE BLOCK: 2 LOT:5 LOT 5 & W 10' LOT 4 BLK 2 1015160006 $187,130 DOUGLA51VAPVESON Weeds COM24-1601 7/2412024 $ 550.00 INV-00026377 $ 550.00 814 E DAVENPORTST, Tall Grass and IOWA CITY IOWA CITY IOWA CITY (ORIGINAL TOWN) BLOCK:8 LOT:6 E 50' LOT 6 BLK 8 1010182011 $393,950 CHARLES HEATH Weeds COM24-1883 9/20/2024 $ 300.00 INV-00026491 $ 300.00 1926 KEOKUK ST, IOWA IOWA CITY PEPPERWOOD PLAZA SUBDIVISION LOT:OL A THAT PART OF LOT 2& JAM INVESTMENTS Tall Grass and CITY OUTLOT A DESC AS AUDITOR'S PARCEL 2017023 IN SURVEY BK 61 PG 66 1022108013 $762,460 OF IOWA CITY LLC Weeds COM74-1719 9/20/2024 $ 300.00 INV-00026493 $ 300.00 840 ST ANNES DR, IO WA Accumulation of CITY IOWA CITY CONWAYS SUBDIVISION LOTA9 LOT 19 1003103010 $214,980 MELANIE REECE Solid Waste COM22-1151 6/8/2023 $ 1,000.00 INV-00018978 $ 1,000,00 840 ST ANNES DR, IOWA Accumulation of CITY IOWA CITY CONWAYS SUBDIVISION LOT:I9 LOT 19 1003103010 $214,980 MELANIE REECE Solid Waste COM22-1151 6/8/2023 $ 250.00 INV-00018973 $ 250,00 812 E BLOOMINGTON ST, Accumulotion of IOWA CITY IOWA CITY IOWA CITY (ORIGINAL TOWN) BLOCK:7 LOT:6 W 1/2 LOT BILK 1010185010 $211,330 CHARLES HEATH Solid Waste COM241612 11/12/2024 $2,600.00 INV-00027498 $ 2,600.00 Tail Grass and 10 REGAL LN, IOWA CITY IOWA CITY LAKESIDE ADDITION LOT:60 LOT 60 1023409009 $193,020 DEREKSTON£KING Weeds COM24-1982 11%712024 $ 250,00 INV-00027614 $ 250.00 1926 KEOKUK 5T, IOWA IOWA CITY PEPPERWOOD PLAZA SUBDIVISION LOT:OL ATHAT PART OF LOT 2 & JAM INVESTMENTS Tall Grass and CITY OUTLOT A DESC AS AUDITOR'S PARCEL 2017023 IN SURVEY BK 61 PG 66 1022108013 5762,460 OF IOWA CITY LLC Weeds COM24-1912 1017/2024 $ 250.00 INV-00027645 $ 25(.00 1404 BROOKWOOD DR, Tall Grass and IOWA CITY IOWA CITY MARK TWAIN SOUTH LOT:I4 LOT 14 110232010111 $261,090 KEVIN DUAL Weeds COM24-1574 7/12/2024 $ 450.00 INV-00025563 $ 450.00 812 E BLOOMINGTON ST, Accumulation of IOWACHY IOWA CITY IOWA CITY(ORIGINALTOWN) BLOCK:7 LOT:6 W 1/2 LOT BLKI 1010185010 $211,330 CHARLES HEATH Solid Waste COM24-2057 2/10/2025 $3,140.00 INV-00028703 $ 3,140,00 812 E BLOOMINGTON 5T, Accumuladon of IOWA CITY IOWA CITY IOWA CITY (ORIGINAL TOWN) BLOCK:7 LOT:6 W 1/2 LOT 6 BLK 7 1010185020 $211,330 CHARLES HEATH Solid Waste COM24-2057 2/24/2025 $ 1,035.00 INV-00028967 $ 1,035,00 ITotai 1 $ 10,125,00 1 *:I:110td.1 Date «Property_Owner» «Mailing_Address» «City», «State», «Zip» Dear Property Owner: � r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1 826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org This is to notify you that the City Council will be considering a resolution on August 5, 2025 that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing, clean-up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. The City Council meeting begins at 6:00 pm and is held at Harvat Hall, City Hall, 410 E Washington St, Iowa City, Iowa. If you want to challenge the assessment, you are advised to come to the City Council meeting. You may also submit a letter or email to the City Council. The mailing address is: City Council, % City Clerk, 410 E Washington St, Iowa City, IA 52240 and the email address is council(a)-iowa-city.org Please note that all communication with City Council is a public record. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerk's office, 410 E Washington St, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact my office at (319) 356- 5043. Sincerely, Kellie Grace City Clerk Enc. Copy to: Accounting Division -w/o enc. I rtr®I�� City Council Supplemental Meeting Packet CITY OF IOWA CITY August 5, 2025 Information submitted between distribution of the meeting packet on Thursday and 4:00 pm on Monday. Late Addition(s): IP. City Council Listening Post August 9 at the Iowa City Farmers Market Late Handouts) tt.j. Gaza Resolution: See Resolution August 5. 2025 City of Iowa City RESOLUTION CALLING FOR THE CITY OF IOWA CITY TO BOYCOTT THE INVESTMENT OF ANY AND ALL PUBLIC MONIES FROM ENTITIES COMPLICIT IN THE CURRENT AND ONGOING HUMANITARIAN CRISIS IN GAZA, INCLUDING ALL ENTITIES ASSISTING ISRAEL IN THE OPPRESSION OF THE PALESTINIAN PEOPLE WHEREAS, the City Council of the City of Iowa City recognizes the importance of peace and security for all communities and nations around the world regardless of national, ethnic or religious affiliations, and advocates for the safety, dignity, freedom, and equality of all people; and WHEREAS, the City Council of the City of Iowa City recognizes that all human life is precious; and WHEREAS, the City of Iowa City seeks to provide for the safety and wellbeing of its community, in accordance with the values outlined in the City of Iowa City's Strategic plan, of racial equity, social justice, and human rights; and WHEREAS, since October 7, 2023, over 60,0001'1 Palestinians, including at least 17,000 children (more than the entire enrollment in the Iowa City Community School District), have been killed by Israeli attacks on Gaza, with thousands estimated to be buried under the wreckage or missing; and WHEREAS, over 146,00001 Palestinians in Gaza have been wounded, while less than half of Gaza's hospitals remain and are only partially functionaV]; and WHEREAS, our city, as a proud university town, deeply values education and recognizes the vital role that educational and cultural institutions play in enriching communities; and WHEREAS, in Gaza, Israel has destroyed all universitiesE'l and 88 percent of schools['], along with archives, libraries, cultural centers, museums, bookstores, and nearly 200 heritage sites['] (over 100 with UNESCO designationl41) - including the historic AI-Agsa University library that safeguarded irreplaceable records of Gaza's history and culture; and WHEREAS, under sustained Israeli blockades, 2 million Palestinians in Gaza face imminent food insecurity, with 100% facing crisis levels (IPC' phase 3), 50% facing emergency levels (IPC phase 4) and 25% facing catastrophe/famine (IPC phase 5) the most severe level of food insecurity possiblelsl; and WHEREAS, the Israeli government continues to encourage, materially support, and legitimize illegal settlements on Palestinian land such as the West Bank and East Jerusalem; and WHEREAS, Israel has escalated conflict to neighboring countries, such as Syria and Lebanon, and according to the United Nations Human Rights Office, Israel has engaged in a bombing campaign that has `consistently violated the laws of war."El; and WHEREAS, Israeli atrocities in Gaza impact the community of Iowa City as a burden to the physical, mental, and emotional health and safety of Palestinian, Syrian, and Lebanese residents of the City of Iowa City as well as all Iowa Citians of conscience; and WHEREAS, as a direct result of the lack of accountability for Israel's crimes against humanity, Islamophobia, and-Palestinian/anti-Arab bigotry, and antisemitism have risen significantly across the United States, and around the world, with direct impacts on communities — from synagogues, churches, and mosques to schools, universities, homes, offices, and places where communities gather, as well as at protests and rallies; and WHEREAS, all of these forts of bigotry, violence, and oppression serve to divide our communities and weaken our efforts to achieve collective safety, justice, and true multi -ethnic, multi -racial, multi -religious democracy here and everywhere; and WHEREAS, condemnation of Israel's apartheid and genocide is not antisemitism and the conflation of these endangers Jewish people everywhere; and WHEREAS, on January 2, 2024, the City Council of the City of Iowa City passed Resolution 24-11, calling for an immediate ceasefire in Palestine and Israel; and WHEREAS, in the absence of a lasting ceasefire in Gaza, this Resolution actively pursues the objectives of the Resolution 24-11, financially limiting Israel's continuation of this genocide, to the best of the City's ability; and WHEREAS, since 1948, hundreds of UN resolutionslrl have condemned Israel's colonial and discriminatory policies as illegal — including the 2024 advisory opinion by the international court ofjusfice that Israel's occupation is an apartheid systemlel -- and called for immediate, adequate and effective remedies; and WHEREAS, boycott is an immediate, peaceful, appropriate, and effective remedy, as well as a proven policy leveled by the international community against apartheid in South Africa; and WHEREAS, the entities on the Boycott List maintained by the American Friends Service Committeel93 are complicit in Israel's violation of international law because these corporations, as investigated by the United Nations and multiple human rights organizations, are known to a) provide Israel with weapons and other military equipment used in Gaza, b) operate in and contribute to the expansion of Israel's illegal settlements, c) enable or profit from the ongoing Israeli occupation and oppression of the Palestinian people; and WHEREAS, the City of Iowa City recognizes the ongoing humanitarian crisis in Gaza, the genocide of Palestinian people, ethnic cleansing by Israeli armed forces, and illegal occupation of Palestinian land and seeks to avoid economically supporting these through the City's investments; and WHEREAS, the City Council of the City of Iowa City advocates for the city's finances to align with the City's values; and WHEREAS, an ethical investment policy is only possible with the continued vigilance of trusted officials in the City of Iowa City. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs that the City Manager divert existing investments held by the City of Iowa City from all entities complicit in the current and ongoing humanitarian crisis in Gaza and occupation of Palestine, as identified by the American Friends Service Committee list of "Companies Profiting from the Gaza Genocide — Divestment Shortlist"I'l, hereinafter referred to as the "Boycott List'; and BE IT FURTHER RESOLVED, regardless of current investments, that the City Council directs the City Manager to not make any future directly -held general fund investment in the equities or bonds of any entities on the Boycott List or make any investments in the Israeli military in the form of Israel Bonds; and BE IT FURTHER RESOLVED, that the City Council of Iowa City directs the City Manager to continue to investigate and report on investments made by the City of Iowa City annually to ensure the absence of investments in entities on the Boycott List; and BE IT FURTHER RESOLVED, that [his Resolution will remain in effect as long as the occupation of the Palestinian Territories and the violations of human rights and international law, such as those described above, continue, as determined by the City Council. REFERENCES CITED [1] "Reported impact snapshot I Gaza Strip (30 July 2025); United Nations Office for the Coordination of Humanitarian Affairs - Occupied Palestinian Territory. Accessed: Aug. 03, 2025. [Online]. Available: https,//www.ochaopt.org/oontenYreported-impact-snapshot-gaza strip-30-iuly-2025 [2] "How Gaza has'lost a generation' of students," ABC News, June 06, 2025. Accessed: Aug. 03, 2025. [Online]. Available: https?//www.abc.net.au/news/2025-06-07/gaza-lost- generation-of-students-academic-sav/105379150 (3] K. Ahmed, "'Everything beautiful has been destroyed: Palestinians mourn a city in tatters," The Guardian, Feb. 04, 2024. Accessed: Aug. 03, 2025. [Online]. Available: [4] "Gaza Strip: Damage assessment I UNESCO." Accessed: Aug. 03, 2025. [Online]. Available: https:/Avww.unesco.org/en/caza/assessment [5] "IPC Gaza Alert," July 2025. [Online]. Available: https?/lwww ipcinfo orc/fiileadmin/user upload/ipcinfo/docs/IPC GazaStrip Alert Julv2025 p df [6] "laws of war likely 'consistently violated' in Israeli strikes on Gaza: UN rights office I UN News." Accessed: Aug. 03, 2025. [Online]. Available: https:Hnews. u n. ora/en/storV/2024106/1151196 [7] "List of United Nations resolutions concerning Israel," Wikipedia. July 25, 2025. Accessed: Aug. 03, 2025. [Online]. Available: https7Hen.wikipedia.org/w/index.php?title=List of United Nations resolutions concerning I srael&old id=1302513506 [8] "Word Court Finds Israel Responsible for Apartheid I Human Rights Watch." Accessed: Aug. 03, 2025. [Online]. Available: https://www.hrw.org/news/2024/07/19/world-court-fiinds- israel-responsible-apartheid [9] "Divesting for Palestinian Rights," American Friends Service Committee. Accessed: Aug. 03, 2025. [Online]. Available: https://afsc.org/divest Resolution No. 25-197 11- , RESOLUTION CALLING FOR THE CITY OF IOWA CITY TO BOYCOTT THE INVESTMENT OF ANY AND ALL PUBLIC MONIES FROM ENTITIES COMPLICIT IN THE CURRENT AND ONGOING HUMANITARIAN CRISIS IN GAZA, INCLUDING ALL ENTITIES ASSISTING ISRAEL IN THE OPPRESSION OF THE PALESTINIAN PEOPLE WHEREAS, the City Council of the City of Iowa City recognizes the importance of peace and security for all communities and nations around the world regardless of national, ethnic or religious affiliations, and advocates for the safety, dignity, freedom, and equality of all people; and WHEREAS, the City Council of the City of Iowa City recognizes that all human life is precious; and WHEREAS, the City of Iowa City seeks to provide for the safety and wellbeing of its community, in accordance with the values outlined in the City of Iowa City's Strategic plan, of racial equity, social justice, and human rights; and WHEREAS, since October 7, 2023, over 60,000111 Palestinians, including at least 17,000 children (more than the entire enrollment in the Iowa City Community School District), have been killed by Israeli attacks on Gaza, with thousands estimated to be buried under the wreckage or missing; and WHEREAS, over 146,0001'] Palestinians in Gaza have been wounded, while less than half of Gaza's hospitals remain and are only partially functionaWl; and WHEREAS, our city, as a proud university town, deeply values education and recognizes the vital role that educational and cultural institutions play in enriching communities; and WHEREAS, in Gaza, Israel has destroyed all universities)21 and 88 percent of schoolsl'l, along with archives, libraries, cultural centers, museums, bookstores, and nearly 200 heritage sites0l (over 100 with UNESCO designationl4j) - including the historic AI-Agsa University library that safeguarded irreplaceable records of Gaza's history and culture; and WHEREAS, under sustained Israeli blockades, 2 million Palestinians in Gaza face imminent food insecurity, with 100% facing crisis levels (IPC" phase 3), 50% facing emergency levels (IPC phase 4) and 25% facing catastrophelfamine (IPC phase 5) — the most severe level of food insecurity possibl0l; and Resolution No. 25-197 Page 2 WHEREAS, the Israeli government continues to encourage, materially support, and legitimize illegal settlements on Palestinian land such as the West Bank and East Jerusalem; and WHEREAS, Israel has escalated conflict to neighboring countries, such as Syria and Lebanon, and according to the United Nations Human Rights Office, Israel has engaged in a bombing campaign that has "consistently violated the laws of war."lbl; and WHEREAS, Israeli atrocities in Gaza impact the community of Iowa City as a burden to the physical, mental, and emotional health and safety of Palestinian, Syrian, and Lebanese residents of the City of Iowa City as well as all Iowa Citians of conscience; and WHEREAS, as a direct result of the lack of accountability for Israel's crimes against humanity, Islamophobia, anti-Palestinian/anti-Arab bigotry, and antisemitism have risen significantly across the United States, and around the world, with direct impacts on communities — from synagogues, churches, and mosques to schools, universities, homes, offices, and places where communities gather, as well as at protests and rallies; and WHEREAS, all of these forms of bigotry, violence, and oppression serve to divide our communities and weaken our efforts to achieve collective safety, justice, and true multi -ethnic, multi -racial, multi -religious democracy here and everywhere; and WHEREAS, condemnation of Israel's apartheid and genocide is not amisemitism and the conflation of these endangers Jewish people everywhere; and WHEREAS, on January 2, 2024, the City Council of the City of Iowa City passed Resolution 24-11, calling for an immediate ceasefire in Palestine and Israel; and WHEREAS, in the absence of a lasting ceasefire in Gaza, this Resolution actively pursues the objectives of the Resolution 24-11, financially limiting Israel's continuation of this genocide, to the best of the City's ability; and WHEREAS, since 1948, hundreds of UN resolutionsl0l have condemned Israel's colonial and discriminatory policies as illegal — including the 2024 advisory opinion by the international court ofjustice that Israel's occupation is an apartheid systemlel -- and called for immediate, adequate and effective remedies; and WHEREAS, boycott is an immediate, peaceful, appropriate, and effective remedy, as well as a proven policy leveled by the international community against apartheid in South Africa; and Resolution No. 25-197 Page 3 WHEREAS, the entities on the Boycott List maintained by the American Friends Service Committeel9l are complicit in Israel's violation of international law because these corporations, as investigated by the United Nations and multiple human rights organizations, are known to a) provide Israel with weapons and other military equipment used in Gaza, b) operate in and contribute to the expansion of Israel's illegal settlements, c) enable or profit from the ongoing Israeli occupation and oppression of the Palestinian people; and WHEREAS, the City of Iowa City recognizes the ongoing humanitarian crisis in Gaza, the genocide of Palestinian people, ethnic cleansing by Israeli armed forces, and illegal occupation of Palestinian land and seeks to avoid economically supporting these through the City's investments; and WHEREAS, the City Council of the City of Iowa City advocates for the city's finances to align with the City's values; and WHEREAS, an ethical investment policy is only possible with the continued vigilance of trusted officials in the City of Iowa City. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs that the City Manager divert existing investments held by the City of Iowa City from all entities complicit in the current and ongoing humanitarian crisis in Gaza and occupation of Palestine, as identified by the American Friends Service Committee list of "Companies Profiting from the Gaza Genocide — Divestment Shortlist"lsl, hereinafter referred to as the "Boycott List'; and BE IT FURTHER RESOLVED, regardless of current investments, that the City Council directs the City Manager to not make any future directly -held general fund investment in the equities or bonds of any entities on the Boycott List or make any investments in the Israeli military in the form of Israel Bonds; and BE IT FURTHER RESOLVED, that the City Council of Iowa City directs the City Manager to continue to investigate and report on investments made by the City of Iowa City annually to ensure the absence of investments in entities on the Boycott List; and BE IT FURTHER RESOLVED, that this Resolution will remain in effect as long as the occupation of the Palestinian Territories and the violations of human rights and international law, such as those described above, continue, as determined by the City Council. Resolution No. 25-197 Page 4 REFERENCES CITED (1] "Reported impact snapshot I Gaza Strip (30 July 2025)," United Nations Office for the Coordination of Humanitarian Affairs - Occupied Palestinian Territory. Accessed: Aug. 03, 2025. [Online]. Available: https://www.ochaopt.org/content/reported-impact-snapshot-gaza- strio-30-iuly-2025 [2] "How Gaza has'lost a generation' of students,' ABC News, June 06, 2025. Accessed: Aug. 03, 2025. [Online]. Available: https://www.abc.net.au/news/2025-06-07/aaza-lost- generation-of-students-academic-say/ 105379150 [3] K. Ahmed, "'Everything beautiful has been destroyed: Palestinians mourn a city in tatters," The Guardian, Feb. 04, 2024. Accessed: Aug. 03, 2025. [Online]. Available: [4] "Gaza Strip: Damage assessment I UNESCO." Accessed: Aug. 03, 2025. [Online]. Available: https://www.unesco.org/en/aaza/assessment [5] "IPC Gaza Alert," July 2025. [Online]. Available: httos://www.ipcinfo.org/fiileadmin/user uploadhocinfo/docs/IPC GazaStrip Alert JUIy2025 p df [6] "Laws of war likely 'consistently violated' in Israeli strikes on Gaza: UN rights office I UN News." Accessed: Aug. 03, 2025. [Online]. Available: https://news.un.org/en/story/2024/06/1151196 [7] "List of United Nations resolutions concerning Israel," Wikipedia. July 25, 2025. Accessed: Aug. 03, 2025. [Online]. Available: httos:Hen.wikipedia.org/w/index.pho?title=List of United Nations resolutions concerning I srael&old id=1302513506 [8) "World Court Finds Israel Responsible for Apartheid I Human Rights Watch." Accessed: Aug. 03, 2025. [Online]. Available: httos://www.hm.org/news/2024/07/19/wodd-court-finds- israel-responsible-apartheid [9] "Divesting for Palestinian Rights," American Friends Service Committee. Accessed: Aug. 03, 2025. [Online]. Available: httos://afsc.org/divest Mdapprovedthis 5th day of August, 2025. M Attest CQ.. Ci Clerk Approved by City Attorney's () ice — 08 412025 Resolution No. 25-197 Page 5 It was moved by Salih and seconded by adopted, and upon roll call there were: Weilein the Resolution be AYES: NAYS: ABSENT: x After x Bergus x Hanmsen Moe x Salih x Teague x Weilein