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HomeMy WebLinkAbout2025-10-21 ResolutionItem Number: 6.a. a CITY OF IOWA CITY "QF T-4 COUNCIL ACTION REPORT October 21, 2025 Resolution rejecting all bids received October 14, 2025 for the Iowa River Powerhouse Dam Repair Project. Prepared By: Reviewed By: Fiscal Impact: Staff Recommendation: Attachments: Resolution Alin Dumachi - Senior Engineer Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager None Approval Executive Summary: This agenda item rejects the bid received on October 14, 2025 for the Iowa River Powerhouse Dam Repair Project. One (1) bid was submitted prior to the October 14, 2025 deadline: Bidder Name City Bid Tricon General Construction, Cedar Rapids, IA $1,686,000.00 Inc. Engineer's Estimate $675,000.00 The lowest responsive bid submitted exceeded the Engineer's Estimate of probable cost by more than 100%, and staff recommends that Council reject the bid. Background / Analysis: A diving inspection of the Iowa River Powerhouse Dam conducted in 2021 identified a range of deterioration, from minor and moderate concrete surface defects to significant undermining of the pedestrian bridge pier. A follow-up diving inspection in November 2024 examined both the upstream and downstream portions of the overflow spillway to assess the progression of this deterioration. The 2024 inspection revealed a 60% increase in the number of defects compared to 2021, with most showing significant changes. Based on these findings, the overflow spillway is currently rated in fair condition, but comprehensive repairs are necessary to extend the service life of the dam and pedestrian bridge. This project generally includes concrete surface repairs to the upstream and downstream section of the spillway, and pier footing repairs. Prepared by: Alin Dumachi, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5143 Resolution No. 25-247 Resolution rejecting all bids received October 14, 2025 for the Iowa River Powerhouse Dam Repair Project. Whereas, one bid was received on October 14, 2025 for the Iowa River Powerhouse Dam Repair Project; and Whereas, the bid received exceeded the Engineer's Estimate by more than 100%; and Whereas, the Department of Public works recommends that Council reject the bid; and Whereas, funds for this project are available in the Iowa River Powerhouse Dam Repair Project account #W3328. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. All bids received on October 14, 2025, for the Iowa River Powerhouse Dam Repair Project are rejected. Passed and approved this ?1st day of octoher . 2025 I Mayor Attest: ' C 2� City Clerk Approved by City Atlorn$ s ffice (Liz Craig - 10/16/2025) It was moved by salih and seconded by Alter the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Harmsen x Moe —� Salih Teague x Weilein Item Number: 7.b. CITY OF IOWA CITY COUNCIL ACTION REPORT October 21, 2025 Resolution setting a public hearing on November 3, 2025 on project manual and estimate of cost for the construction of the Terrell Mill Roller Park 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: Timothy Schmadeke — Civil Engineer Reviewed By: Jason Havel — City Engineer Juli Seydell Johnson — Parks & Recreation Director Ron Knoche — Public Works Director Geoff Fruin — City Manager Fiscal Impact: $1,750,000 available in the Terrell Mill Skate Park Redevelopment Project account #R4372. Staff Recommendation: Approval Commission Recommendations: Parks and Recreation Commission reviewed plans and recommended moving forward with project. Attachments: Resolution Executive Summary: This agenda item begins the bidding process for the Terrell Mill Roller Park Project. This project generally includes site preparation, removals, earthwork, erosion control, drainage, asphalt paving, concrete paving, shelter installation, site furnishing installation, skatepark equipment installation, planting, native seeding, and turf seeding restoration. Background / Analysis: The existing skate park is nearing an age where replacement is necessary for it to continue to draw skaters, as well as for improved maintenance and safety. The project will replace the aging skate park with a new skate park as well as introduce a new bicycle pump track. The addition of a bicycle pump track is expected to bring even more users to the facility. New paths will also be included for improved use access. Public input meetings and an on-line survey were conducted in January and February 2024 to gather user input. A $250,000 Federal Land and Water Conservation Fund grant was secured for this project. Release of the Federal funds delayed the final design and bidding process. Set Public Hearing: October 21, 2025 Hold Public Hearing: November 3, 2025 Bid Letting: December 2, 2025 Award Date: December 9, 2025 Construction: March 2026 to November 2026 Prepared by: Timo0y Schmadeke, Engineering OiNsion, 410 E. Washington St., Iowa City, IA 5224Q (319)355-5044 Resolution No. 25-248 Resolution setting a public hearing on November 3, 2025 on project manual and estimate of cost for the construction of the Terrell Mill Roller Park 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 Terrell Mill Skate Park Redevelopment account #R4372. 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 V day of November, 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. 2. 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. 3. 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 21st day of October P025 Mayor Approved by Attest: City Clerk City Attorneys Office (Alexandra Bright - 10/0212025) It was moved by salih and seconded by adopted, and upon roll call there were: Alter the Resolution be Ayes: Nays: Absent: x Alter x Bergus x _77_ Harmsen Moe �— Salih x Teague x Weilein _,b Item Number: 11.b. CITY OF IOWA CITY COUNCIL ACTION REPORT October 21, 2025 Resolution approving project manual and estimate of cost for the construction of the Animal Care and Adoption Center Training Addition Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing a time and place for receipt of bids. Prepared By: Michelle Riedinger — Senior Facilities Design and Construction Manager Reviewed By: Jason Havel — City Engineer Ron Knoche — Public Works Director Geoff Fruin — City Manager Susan Dulek-First Ass't City Attorney Fiscal Impact: $940,000 available in the Animal Shelter — Training Annex account #Y4449. Staff Recommendation: Approval Attachments: Resolution Executive Summary: This agenda item begins the bidding process for the Animal Care and Adoption Center Training Addition Project. This project generally includes an approximately 1,400 square foot multi -purpose room addition to the Iowa City Animal Care and Adoption Center. Background / Analysis: Friends of the Animal Center Foundation (FACF) raises money to support the needs of the Iowa City Animal Care and Adoption Center. The FACF board, in coordination with Animal Care and Adoption Center staff, have identified an addition as aiding in the services the Center provides. This project will construct an approximately 1,400 SF addition to the south portion of the building, that will provide one large multi -purpose room that can serve as enclosed training space, meeting/event space or overflow animal housing. An agreement to pay the cost of the Animal Center Addition was entered into by FACF and the City in February of 2025 that outlines the projected project cost and payment schedule. FACF intends to fundraise and provide 100% of the project cost. Project Timeline: Public Hearing / Approve Project Manual: October 21, 2025 Bid Letting Date: November 19, 2025 Contract Award Date: December 9, 2025 Construction Dates: Spring 2026 to Spring 2027 1�'6 Prepared by: Michelle Riedinger. Engineenng Division. 410 E. Washington St., Iowa City, IA 52240. (319) 358-5188 Resolution No. 25-249 Resolution approving project manual and estimate of cost for the construction of the Animal Care and Adoption Center Training Addition 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 Animal Shelter - Training Annex account #Y4449. 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 19th day of November, 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 9th day of December, 2025, or at a special meeting called for that purpose. Passed and approved this 21st day of October 2025 Mayor Approved by Attest . City Clerk City Attorq ys Office (Sue Dulek - 10/16/2025) Resolution No. 25-249 Page 2 It was moved by Moe and seconded by Harmsen the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Hannsen x Moe Y Salih x Teague x Weilein Item #11.b STAFF PRESENTATION TO FOLLOW: � r m �t..s._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1 826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org I r 1 4, _ ' iftn' Sk CITY OF IOWA CITY Animal Care and Adoption Center Training Addition Project Public Hearing — October 21, 2025 Background Extreme hot/cold months at ICAO • Large scale impounds • Socializing space • Space for "overflow animals" • Johnson County mass intake, August of 2023 ,} MIS®��11 Za.�_ CITY OF IOWA CITY August 2023, offsite housing facility utilized in "131" Project Overview Multi -purpose room addition, roughly L400 SF Dog enrichment/training space Animal overflow housing/ quarantine space/emergency housing Emergency housing support Small events/gatherings Utility sink/counter space Overhead door i ar y ®IT CITY OF IOWA CITY 1 2 3 07 6200; SHEET MTL GUTTER, MATCH EXIST. ea u gum ,uot 07 3113; ASPHALT SHINGLES, MATCH EXIST- T.O. CMU EXIST. FENCE 07 lll1� jl jl 3; MTL WALL IPANEL III _ L EV EL01 06 4313; poi AL -FRAMED STOREFRONT 07 6200; SHEET MTL EAST ELEVATION DOWNSPOUT, MATCH EXIST - ire -]Sim A A SOUTH ELEVATION P%'t I IT = 1'-0- 07 6200; SHEET MTL EDGE TRIM 07 4213; MTL WALL PANEL 08 4313; AL -FRAMED STOREFRONT 06 3613; OVERHEAD SECTIONAL DOOR 07 6200; SHEET MTL GUTTER, MATCH EXIST. f.0. CMD 8' 8- 07 6200; SHEET MTL DOWNSPOUT, MATCH EXIST. LEVEL 1 o- 07 4213; MTL WALL PANEL CORNER TRIM 05 5000; BOLLARD 44.-4„ 4" 20'-0" I Uh .a-2M A.201 I Al 1 DS IY12.$ DS , _ _ A-001 I M1P.B ANIMAL CONTROL TRUCK 1 o ' � 114" 1 1'-W MULTI -PURPOSE I ax I ao� A4 4601 1 � I C, I ' A.i3 I A.am I CD I r � Sao I 1LO m a DSDS—op ns A3 k r-2C1 � (; - — - - — — 1- 4" 20'-0" 18'41 a4.-4„ I IL-1-1 _u I MUL711 OQ P SE ` I I 8 04 J 1T V Co U A, NORTH FENCING AREA Impacts to Facility No impact to Public Areas of the facility Utility work/tie ins may necessitate 1-2 day facility closure South Access will be impacted by project but project includes accommodates �III� ar � CITY OF IOWA CITY Strategic Plan 0 :.3 0 PP_ HOUS/NGq t•1E1GHBORH0o., S��� 8 Y aN4— `I' SING Safety & Well -Being tol Facilities, Equipment, and Technology m n 0 z Values Climate Action Partnerships and Engagement ar y ® M IN CITY OF IOWA CITY Funding Source CITY OF IOWA CITY The project will be completely funded by Friends of the Animal Center Foundation (FACF)! Founded and supporting ICAO since 1999 • Fundraising and events coordination $90,000 annually to the animals/shelter $92,00 annually to fund the Volunteer Programs Assistant position • Strong working relationships and passion for animal welfare Cost Estimated Construction Cost $94000 Total Project Cost $L30000 Estimated Construction Cost, Design Fee, and Fixtures, Furniture, Equipment (FFE) Schedule Bid Opening Award Contract Construction November 19, 2025 December 9, 2025 Spring 2026 — Spring 2027 �+'a.�._ CITY OF IOWA CITY Project Contacts City of Iowa City Engineering Division: Michelle Riedinger Senior Facilities Design and Construction Manager (319) 356-5188 mriedinger@iowa-city.org � r �.all 0111 �.®�r, IW',2,11, ®i �— CITY OF IOWA CITY City of Iowa City Animal Services Devon Strief Animal Services Coordinator (319) 356-5295 Questions? STAFF PRESENTATION CONCLUDED � r m7pL CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1 826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org Item Number: 11.c. CITY OF IOWA CITY COUNCIL ACTION REPORT October 21, 2025 Resolution authorizing conveyance of western approximate one-half of Outlot C in Iowa City Industrial Campus. Prepared By: Rachel Kilburg Varley, Economic Development Coordinator Reviewed By: Susan Dulek, First Ass't. City Attorney Geoff Fruin, City Manager Fiscal Impact: The final sale amount is subject to future platting. At the price of $1.15 per square foot, staff estimates the final sale price to be approximately $1,001,880 (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 for the western approximate one-half of Outlot C (approximately 20 acres) to MidAmerican Energy Company for $1.15 per square foot. The sale is contingent upon the Purchaser's closing on a transaction to sell approximately 2.17 acres of its property at 1630 Lower Muscatine Rd as well as the final plat and City Council approval. This resolution approves the purchase agreement. 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, protect and add employment opportunities, and increase our tax base for the benefit of the entire community. Following the approval of the sale of approximately 20 acres (the eastern one-half) of Outlot C to PJP Holdings, Inc. in August 2025, the City has approximately twenty acres remaining for sale, and this agreement is expected to result in the sale of the remaining acres. Outlot C will need to be re -subdivided to create two lots including the western approximate one-half of Outlot C. The sale of the land is to MidAmerican Energy Company, which is headquartered in Des Moines and provides energy service in customers in Iowa, Illinois, Nebraska, and south Dakota. MidAmerican is expected to sell approximately 2.17 acres of its property at 1630 Lower Muscatine Road and relocate those operations to this industrial park Outlot C. I( C' Prepared by: Susan Dulek, First Ass't City Atty, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 25-250 Resolution authorizing conveyance of western 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 4201h 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 western approximate one-half of Outlot C (approximately 20 acres) to MidAmerican Energy Company for $1.15 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 western approximate one-half to be conveyed to MidAmerican Energy Company; 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 western 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 21st day of october2025 Mayor Approved by: Attest: City Clerk City Attomeyi Ice (Sue Dulek- 10/1412025) Resolution No. 25-250 Page No. 2 It was moved by Moe , and seconded by ser¢us that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter x Bergus x Harmsen x Moe x Salih 7� Teague x Weilein PURCHASE AGREEMENT This Purchase Agreement ("Agreement") is made and entered into this L3 d y of 2025, by and between City of Iowa City (hereinafter referred to as "Seller"), and MidAmerican Energy Company, an Iowa corporation (hereinafter referred to as "Purchaser"). WHEREAS, Seller is the owner of a parcel of land consisting of approximately 20 acres of real property situated in Johnson County, Iowa with a preliminary legal description as follows: East one-half of Outlot C, Iowa City Industrial Campus, Iowa City, Johnson County, Iowa according to the Corrected Final Plat thereof recorded in Book 63, Page 42 Plat Records of Johnson County„ and such property is subject to any and all easements of record (''Property"). WHEREAS, Purchaser wishes to purchase from Seller said property and Seller is willing to sell the Property on the terms and conditions set forth herein. Now therefore, far good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each party Seller and Purchaser agree as follows. I. Purchase Price. Purchaser hereby offers to purchase the property for the price of One Dollar and 15 Cents ($I.15) per square foot. 2. Earnest Money. Purchaser shall tender Five Thousand Dollars($5,000.00) to be held by Iowa Realty Commercial upon execution of this Agreement. 3. Final Plat (Re -Subdivision of Outlot C) Seller intends to prepare a Final Plat in order for the Iowa City City Council to re -subdivide the area known as Outlot C, Iowa City Industrial Campus, Iowa City, Iowa into two or more lots, one lot of which is generally depicted and identified as "Lot 4" and "Lot 6" on the attached Exhibit B. Seller shall provide a copy of 0tis Final Plat depicting and describing the legal description of the Property to Purchaser to be included in the deed for the Property. Seller will have the Final Plat recorded prior to closing. This Agreement is contingent upon Purchaser approving the Final Plat and approving the final purchase price (at $1.15/sq. foot), and if not so approved, Purchaser may declare this Agreement null and void and the earnest money shall he returned to Purchaser. 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. 4. 5. Abstract of Title. Seller agrees to convey a marketable title to Purchaser, evidenced by an abstract of title certified to date. The abstract of title shall show Seller in conformity with the Agreement, state law, and the title standards of thejurisdiction where the Property is located. Title shall be made Free and clear of all liens and encumbrances not herein specifically waived or agreed to be assumed by Purchaser. The conveyance shall be by way of Warranty Deed in recordable form. Seller's abstract of title shall be submitted to Purchaser's attorney for examination as soon as is reasonably possible after approval by City Council of the Final Plat (Re -subdivision of Outlot C) as provided herein . Any objections to title raised by Purchaser's attorney shall be made in writing as soon thereafter as is reasonably possible. Seller shall make every reasonable effort to promptly perfect title and in any event prior to the Closing Date. After closing, the abstract of title shall be the property of Purchaser. 5. Real Estate Taxes. The Seller shall pay the prorated share, to be determined as of the Closing Date, of the real estate taxes for the fiscal year in which the Closing Date occurs and unpaid real estate taxes payable for the prior fiscal years. Purchaser shall pay all subsequent real estate taxes. At closing, Purchaser shall be given credit for the prorated taxes based on the actual net real estate taxes for the fiscal year shown on the most recent tax statement available for the Property. 6. Special Assessments. The Seller shall pay in full all special assessments that are certified as liens on the public record as of the Closing Date. All charges for solid waste removal, sewage, and assessments for maintenance t1tat are attributable to the Seller's possession shall be paid by the Seller. Any preliminary ordeficiency assessments, which cannot be discharged by payment on the Closing Date, shall be paid through an escrow account with sufficient funds to pay such liens and charges when payable. Any unused funds in such account shall be returned to the Seller. 7. Release of Mortgaee. Seller shall provide Purchaser with a Release of any mortgage(s), if applicable, covering the Property at or before the Closing Date (as defined below). S. Credits Aeainst the Purchase Price. Purchaser may use such amount of the purchase price as may be necessary to pay outstanding taxes, liens, encumbrances and assessments against the Property which may be evidenced by the policy of title insurance or abstract of title as of the Closing Date. 9. Joint Tenancy If Seller holds title to the Property in joint tenancy, then the proceeds paid under this Purchase Agreement and any continuing rights of Seller in the Property shall belong to the Seller as joint tenants with full rights of survivorship and not as tenants in common. 10, 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. Also included shall be the following: N/A. it. Condition of the Property. The Property as of the date of execution of this Agreement, including all buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until possession, ordinary wear and tear excepted. Vm PAPuphme M 05-25 CUSTOM IC 12. Subieet to Sale. This Agreement is contingent upon and subject to Purchaser first closing on a transaction to sell approximately 2.17 acres of its property located at 1630 Lower Muscatine Road, Iowa City, Iowa. Purchaser shall have no obligation to Purchase the Property until Purchaser sells the above -mentioned property. 13. Condition. Contingencies and Inspections. Purchaser is purchasing the Property for business purposes, including service center, office/warehouse facility/vehicle facility. Purchaser's obligation to complete this purchase is subject to satisfaction of the following conditions/contingencies: Between now and 10 days prior to the Closing Date, Purchaser shall determine whether the existing zoning and existing soil conditions will permit the use stated above, and whether the Property is suitable for the type of development sought by Purchaser, including but not limited to the availability and sufficiency of utility service to the Property. The conditions within this paragraph shall be considered satisfied and thereby removed as a contingency if the time period expires with no written notice from Purchaser to Setter. Exhibit "C" lists required information that Seller shall deliver to Purchaset Purchaser intends to re -zone, if required, develop, or build upon the Property and this Agreement is further contingent and conditioned upon Purchaser obtaining the following: Rezoning of the Property for the intended use by Purchaser if requited. Obtaining permits and approval of Purchaser's plans and specifications, site plan, curb cuts, fencing and screening plans and Purchaser's other plans for the Property by all local, state, federal or other entities having jurisdiction. Final plat plan approval with conditions, if any, acceptable to Purchaser. Satisfactory geotechnical report (paid by Purchaser) showing that the physical characteristics of the Property are acceptable for construction and development. Confirmation that the Propety is not within a 100 year or other flood plain. Seller shall provide Purchaser prior to Closing with a properly executed GROUNDWATER HAZARD STATEMENT showing no wells, solid waste disposal sites, hazardous wastes, private burial sites, septic systems, private sewage disposal system or underground storage tanks on the Property. Seller warrants and represents to Purchaser that all work and labor performed and all materials furnished to any improvements to activities to or on the Property have been, or will be at the time of Closing, paid in full, and there will be no mechanics's liens or other liens in connection with any such work, labor, and material performed in or furnished to the Property. Purchaser acknowledges that it will inspect the Property and otherwise undertake to perform environmental assessments or investigations of the Property in accordance with Vn PA-Rv h.()605-15 CUSTOM IC this Agreement, and shall not rely upon Seller's environmental assessments and investigations, and, subject to the terms of this Agreement, Purchaser shall purchase the Property without adjustment to or offset against the Purchase Price. Purchaser shall have the right to enter upon the Property at any time prior to the Closing Date to undertake sampling, site investigations, and/or site assessments of the Property, upon reasonable notice to Seller via email to Ron Knoche at RKnoche®iowa-city.org. Purchaser must promptly remove any lathe or posts used to mark the area to avoid damage to farm equipment when crops are harvested. Seller herein gives Purchaser a Right of Entry to conduct any inspections, surveys, obtain any zoning or subdivision approval and/or other matters Purchaser deems necessary between now and ten (10) days prior to the Closing Date, upon reasonable notice to Setter via email to Ron Knoche at RKnoche@imva-city.org. All inspections, surveys and other matters Purchaser deems necessary shall be at Purchaser's cost. Purchaser must promptly remove any lathe or posts used to mark the area to avoid damage to farm equipment when crops are harvested. Purchaser may terminate this Agreement ifforany reason the Property will be unacceptable to Purchaser by giving Seller a Notice, if at all, at least ten (10) days prior to Closing. 14. Closine and Possession. The closing ("Clodrig'I shall take on or before December 31, 2025. ("Closing Date"), and at such a place as the parties may mutually agree. Sellers shall pay the transfer tax and their legal fees. Purchaser shall pay the recording fee to record the warranty deed and its legal fees. The transaction contemplated by this Agreement shall be considered closed upon the filing of the title transfer documents and receipt of all funds due at closing from Purchaser Linder the Purchase Agreement. Seller shall deliver possession of the Property to Purchaser on the Closing Date. 15. Notices. All notices required hereunder shall be delivered personally or sent postage prepaid by regular mail to the parties at the addresses set forth below: PURCHASER: MidAmerican Energy Company MEC Right -of -Way Services Attention: Manager, Right -of -Way Services 4299 NW Urbandale Drive Urbandale, IA 50322 SELLER: City of Iowa City Attn: City Attorney 410 E. Washington Street lows City, fA 52240 Notices shall be deemed complete upon personal delivery or three (3) days after depositing the same in the U.S. Mail as provided herein. va, ra.Pnrchs. as-c5-2s cusr hl -ic 16. Assignment. This Agreement may be assigned by Purchaser without the consent of Seller, provided that, concurrently with such assignment, Purchaser notifies Seller of the assignment and of the name and address of the assignee and sends to the Seller a copy of such assignment and a written agreement by the assignee to perform all the terms, promises and conditions of this Agreement. 17. Recording of Agreement. The parties agree that Purchaser may, but need not, record this Purchase Agreement with the County Recorder of Johnson County, Iowa. IS. Environmental Matters. (a) Definitions. For purposes of this Agreement, "Hazardous Material' means: (i) "hazardous substances,' as defined by the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. 9601 et sea., as amended or hereafter amended; (ii) "hazardous wastes," as defined by the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. 6903 et seg., as amended or hereafter amended; (iii) "hazardous substances" or "hazardous waste under Chapter455B, Iowa Code, as amended or hereafter amended, or the laws of the jurisdiction where the Property is located; (iv) any pollutant or contaminant or hazardous, dangerous or toxic chemicals, materials, or substances within the meaning of any other applicable federal, state, or local law, regulation, ordinance, or requirement relating to or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, all as amended or hereafter amended; (v) petroleum and petroleum products; (vi) any radioactive material, including any source, special nuclear or by- product material as defined at 42 U.S.C. 2011 et sea., as amended or hereafter amended; (vii) asbestos in any form or condition. (viii) any "regulated substance" pursuant to Subchapter IX, Solid Waste Disposal Act, 42 U.S.C. §6991 at. sea., as amended or hereafter amended; (ix) any "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. § 1321), as amended or hereafter amended. (b) Representations and Warranties. Seller hereby represents and warrants to Purchaser that as of the date hereof and as of the Closing Date: Ye, PA-Pw to-, 06 05 25 CUSTOM rC (i) The Property and the use mid operation thereof, are currently in compliance with all applicable laws, ordinances, requirements and regulations relating to public health and safety and protection of the environment ("Environmental Laws"). The Seller and the Property are in material compliance with all governmental permits and licenses required by the business heretofore conducted by the Seller on the Property. All Hazardous Materials generated or handled on the Property (rave been disposed of in a lawful manner and the Property is free of Hazardous Material. (ii) No generation, manufacture, storage, treatment, transportation or disposal of Hazardous Material has occurred or is occurring on or from the Property, except the use of normal farm chemicals applied to crops in accordance with manufacturers label instructions. No environmental or public health or safety hazards currently exist with respect to the Property or the business or operations conducted thereon. No underground storage tanks (including petroleum storage tanks) are present on or under the Property, except as has been disclosed in writing to and approved by Purchaser. (iii) There have been no past, and there are no pending or threatened: (a) actions or proceedings by any governmental agency or any other entity regarding public health risks or the environmental condition of the Property, or the disposal or presence of Hazardous Material, or regarding any Environmental Laws; or (b) liens or governmental actions, notices of violations, notices of noncompliance or other proceedings of any kind that could impair the value of the Property. (c) Right of Entry and Investi®lion. Purchaser and its agents and representatives shall have the right, but not the obligation, to enter upon the Property at any time prior to the Closing Date to undertake sampling and/or site assessments of the Property upon reasonable notice to Seller via email to Ron Knoche at RKnoche@iowa-city.org . Purchaser must promptly remove any lathe or posts used to mark the area to avoid damage to farm equipment when crops arc harvested. The Seller shall, upon request of Purchaser, provide to Purchaser a description of all known operations, past and present, undertaken at the Property and any existing maps and diagrams designating the location of past and present operations and past and present storage and/or disposal of Hazardous Material, above and below ground, on the Property. Seller shall cooperate with reasonable requests for interviews with knowledgeable personnel. In the event that Purchaser undertakes site assessments and/or sampling of the Properly, then such site assessments and/or sampling shall be completed at Purchaser's expense. (d) Cancellation. If Purchasers site assessments and/or sampling reveal that there has been a spill or discharge of a Hazardous Material on the Property, that the Property does not comply with all Environmental Laws, or is not suitable for the intended use of the Property by Purchaser, Purchaser shall have the right to terminate this Agreement on or before the Closing Date, upon notice to Seller, in which event, Seller shall refund to Purchaser any earnest money and neither party shall have any further obligation to the other. (e) Indemnification. The Seller shall indemnify, defend and hold harmless Purchaser from and against any and all claims, liabilities, losses, damages and costs, @e PA-Pmehmer W 05 35 ❑lSTW is foreseen and unforeseen, including, without limitation, attorney fees, engineering and other professional or expert fees, arising art of or in any manner directly or indirectly connected with (i) Hazardous Materials existing on the property on or before the time of Closing; (ii) a breach of Seller's representations and warranties set forth above; (iii) Seller's obligations under this Agreement and/or corrective work performed by Purchaser (iv) any and all penalties, fines, charges and response costs threatened, sought or imposed on account of a violation or noncompliance with any law, regulation, ordinance or rule pertaining to Hazardous Materials existing on the Property on or before the Closing Date; (v) any diminution of the value of the property which may result from any of the foregoing. 19, Insurance and Can of Pronerty. Seller shall preserve the Property in its present condition until Closing Date. Seller shall bear the risk of loss or damage to the Property prior to Closing Date or possession by Purchaser, whichever occurs first Seller agrees m maintain existing insurance upon Property until the Closing Date and Purchaser may purchase additional insurance. In the event of substantial damage or destruction prior to Closing Dare, this Purchase Agreement shall be null and void; provided, however, Purchaser shall have the option to complete the closing and purchase the Property under this Agreement and receive insurance proceeds regardless of the extent of damages. The Property shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition on or before the Closing Date. No other easements, leases, or other agreements shall be entered into by the Seller during the term of this Agreement. 20. Time is of the Essence. Time is of the essence of this Purchase Agreement. 21. Warranties and Oblieations to Survive Closine. All warranties and obligations of the patties contained in this Agreement shall survive the Closing Date. 23, Authorization for Zonine and Reeulatory Approvals. Seller agrees to execute an Authorization, attached hereto as Exhibit "A", to allow Purchaser to file any applications necessary with the state, a county, a city and any other governmental authority for development or use of the Property. Termination of Farm and Other Tenancies. Outlot C is subject to a farm lease with Phil Prybil. Seller shall attempt to l ,gonate a termination of said farm lease with the tenant effective November 1, 2025, and if Seller is unsuccessful in such negotiation, Seller shall provide the tenant with a written termination notice pursuant to Section 562.6 of the Iowa Code terminating said farm lease effective March 1, 2026, and provide Purchaser a copy of said notice. Seller shall provide Purchaser with a copy of such fan" lease within 10 days of the execution of this Purchase Agreement. . Seller shall also terminate any other tenant interests in any portion of the Property in accordance with law or applicable agreement prior to the Closing Date so that the Property is conveyed to Purchaser free and clear of any lease, except the farm tease with Phil Prybil as described herein. Ver PA. NrelC rU605-25 cus'roo is 25. Captions. The captions of paragraphs herein are inserted only for a convenience and are in no way to be construed as part of this Agreement or as a limitation of the scope of the particular paragraphs to which they refer. 26, Successors and Assigns. This Agreement shall be binding upon the respective legal representatives, successors, and assigns of Purchaser and Seller. 27. Entire Agreement. The Agreement is the entire agreement of the Purchaser and Seller with respect to the subject matter hereof and supersedes any and all prior negotiations, correspondence, understandings, and agreements between the parties. 28. Broker and Real Estate Agent Commissions. Purchaser and Seller acknowledge that Purchaser is represented by a licensed real estate broker, Iowa Realty Commercial, for this transaction. Seller is represented by a licensed real estate broker, Lepic-Kmeger Realtors in this transaction. Sellerwill be liable for any commissions and/or brokerage fees payable to Iowa Realty in connection with this transaction. Except for the foregoing, each party represents that it has not engaged a broker or real estate agent I'm this matter and none are involved in this transaction. Any claim for commission by a broker or real estate agent shall be charged to the party who is determined to have hired the broker or real estate agent. 29. 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, 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. Seller hereby agrees to defend, indemnify and hold harmless the Purchaser item 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. 30. Scverability. Governiust Law and Jury Waiver. Each of the provisions of the Purchase Agreement shall be enforceable independently of any other provision of the Purchase Agreement and independent of any other claim or cause of action. In the event of any matter of dispute arising out of or related to the Purchase Agreement, it is agreed between the parties that the law of the jurisdiction and location where this Purchase Agreement is recorded (including statute of limitation provisions) will govern the interpretation, validity and effect of this Purchase Agreement without regard to the place of execution or place of performance thereof, or any conflicts or law provisions. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS PURCHASE AGREEMENT. EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. Ver PMP-2 ,06 Oi25 CUSTOM IC 31. Release of Rights. Seller hereby relinquishes all rights of dower, homestead and distributive share in and to the property end waives all rights of exemption as to any of the property. Seller understands that homestead property is in many cases protected from the claims of creditors and exempt from judicial sale; and that by signing this Purchase Agreement, Seller voluntarily gives up any right to this protection for this property with respect to claims based upon this Purchase Agreement. 32. City Council Approval. This Purchase Agreement is subject to approval by the City Council of Iowa City. 33. Utilities. Water and sanitary service are available along 420 Street, and Purchaser shall extend water and sanitary service to the limits of the subdivision at its cost. Purchaser shal I be responsible for the tap on fees to the City of Iowa City water main (currently $539.42/acre) and City of Iowa City sewer (currently $1,698. 1 g/acre). Purchaser shall be responsible for providing gas, electricity, phone, fiber, and cable to the Property. 34. Stotaowater Management. Purchaser shall be responsible for storm water management as regulated by the Iowa City City Code. This Agreement has been read and executed on the dates below. PURCHASER MIDAMERICAN ENERG PANY By: Name: Mike Get ringer Title: Vice rFrresident Custome•Olxmtions _i Date: -a°7 9 Wr PA-P.hnr 06-05-25 CUSTOM -IC ACKNOWLEDGEMENT STATE OF IOWA ) SS COUNTY OF POLK ) This record was acknowledged before me on r a a , 2025, by Mike Gehringer as Vice President. Customer Ocerations of kwmerican En y Company. XNAAW INGNN i nature of N ftlS 41 bwa B Notary Public LanrNxbn Number a1I31F MY CnmmMmn Fry1rn Jun 1, laF1 [signatures continue on following page] 10 Ve, PA-Kn hnr 0&405-25 CUSTOM -IC SELLER: City of Iowalowa C�% By:. Name: Geoff Fruin Title: Ci m- Date: 9 - 23-1 f ACKNOWLEDGMENT STATE OF IOW A )ss COUNTY OF JOHNSON ) This record was acknowledged before me on e L,7,6y .0 cIP3 , 2025, by Geoff Fruin as City Manager for City of Iowa QillY-' dY l-e 14Ls,,Js�: f} Signature of Notary Public =07"Y'CIE" Ve,PA-P.1L 0605-25 NSIDM -IC EXHIBIT "A" AUTHORIZATION The undersigned owner hereby authorizes MidAmerican Energy Company to file any applications deemed necessary, with the state, a county, a city and any other governmental unit, for or relating to the Property (as described below). A photocopy of this authorization shall serve the same as an original. Owner. Clay -)Ol{/A t, liv ey: Name: U'�F7H' n [l 1 h Title: I +1 A clh 12 Ver PA-N=W rM-05.25 CUSTOM IC EXHIBIT "B" Par PA?u.Ihu, 06 05-25 CUSTOM IC N EXHIBIT "C" (Johnson County, Iowa Property Purchase) To the extent any of the following documents or items are in Seller's or Seller's agent's possession orcontrol and have notalready been delivered to Purchaser, Seller shall deliver original or legible copies of the following documents to Purchaser within ten (10) business days following the effective date of the execution of the Purchase Agreement. 1. Copies of any previous site due diligence, land surveys, geotechnical, and site information that are related to the Property or any easement areas appurtenant thereto. 2. Current leases, farm leases, management, maintenance and service agreements and contracts relating to the Property. 3. Copies of real estate tax bills for the current and prior two (2) tax years, including information regarding any proposed reassessments, special assessments or appeals relating to the Property. 4. A list of any personal property or chattel currently used in the maintenance and operation of the Property which shall be included in the sale (including furniture, fixtures and equipment). 5. Copies of all certificates of insurance evidencing All Risk Property Insurance and General Liability Insurance pertaining to the Property and chattel. Copy of the most recent title insurance report for the Property. Set of "as built" and "as existing" plans and specifications for the Property. 8. Documentation concerning any actual, pending or threatened litigation against the Property or Seller (relating to the Property and/or its ownership). Copy of any appraisals of the Property. 10. Documentation concerning violations cited against the Property(whether or not corrected), from the federal, state, county or local regulatory authorities. 11. Copies of all Cerlificates of Occupancy (or their equivalent) issued for the Property, plus copies of any other permits or certificates that have been issued relative to the operation or use of the Property in Seller's or Seller's agent's possession. 12. Copies of any reports, studies, analyses or permits issued relating to proposed subdivision, building modifications, additional construction, building removals, site work, etc. prepared in the last three (3) years. 13. Letters verifying zoning and utilities. 14 ver PA-Purti r0605-25 CUSTOM -IC 14. Copies of the following: (a) any environmental studies or other documents; (b) copies of any state agency correspondence regarding any environmental matters; and (c) copies of any environmental permits, i.e. SPDES, NPDES, RCRA, MOSF/PBS licenses, etc.; and (d) copies of all documents, reports, correspondence, etc. provided by or exchanged with Seller. 15. Copies of site plan and/or utility maps depicting the property prepared before and after the Property, was developed. 15 vm PA-P,..I.r 0i05'25 cuss on, -ic Item Number: 11.d. CITY OF IOWA CITY COUNCIL ACTION REPORT October 21, 2025 Resolution approving the Agreement for Restrictive Covenant with the Board of Regents for 109 E. Market Street commonly known as the Sanxay-Gilmore House. Prepared By: Geoff Fruin, City Manager Reviewed By: Susan Dulek, First Ass't. City Attorney Fiscal Impact: none Staff Recommendation: Approval Commission Recommendations: This item was presented to the Historic Preservation Committee for informal feedback on October 9th. Attachments: Declaration of Restrictive Covenant Letter from Uofl 9 18 25 Resolution Agreement Executive Summary: In 2003 the City agreed to vacate and convey to the Board of Regents a section of Grand Ave. Ct. on the condition the Regents executed a restrictive covenant that imposed the City's historic preservation requirements on 32 Melrose Avenue commonly known as the Cannon - Gay House. The Regents own 109 E. Market St. commonly known as the Sanxay-Gilmore House, which is considered the oldest known residence in Iowa City. This resolution approves an agreement that releases the historic preservation covenant on the Cannon -Gay House and imposes a similar historic preservation covenant on the Sanxay-Gilmore House. Background / Analysis: As noted in the attached letter from the University of Iowa, the Cannon -Gay house has an 1884 subgrade foundation failure and is not safe for occupancy. In recent years the structure has been vacant and the University has determined that repairs to make the home usable would be fiscally -inappropriate and risk the historic integrity of the home. Further, the structure has lost much of its historic context as redevelopment of the surrounding University campus has continued over time. Loss of additional context is expected to grow in the coming years as the City plans the Burlington Street Bridge replacement project, which at the current time, also includes a realignment of Byington Road as a two-way street connecting into Melrose. This effort will presumably require the City acquiring a significant portion of University land for new right-of-way that currently appears as the front yard of the Cannon - Gay house. When the University acquired the Sanxay-Gilmore House at 109 E Market Street, the City immediately began working with the University to find a path toward preservation. This culminated in the exploration of moving the house across the street to the City -owned parking lot on Market Street, which would have been provided to the University by the City in exchange for the preservation of the structure. However, that move ended up being too costly and those plans were abandoned. Staff at the City and University have continued to discuss pathways to preservation for the Sanxay-Gilmore House as it has been a top priority for past City Councils and the local preservation community. This action would ensure that the Sanxay-Gilmore House is subject to local historic preservation standards in the same manner the Cannon -Gay House has been. This would enable the City to realize one of the most pressing historic preservation goals not only for our community but also for the entire State of Iowa. Notably in 2018, the 1843 built Sanxay- Gilmore House was added to Preservation Iowa's Most Endangered Properties list. The Historic Preservation Committee was presented with this information at the October 9th meeting for informal feedback. While there were understandable concerns raised with the potential loss of any structure with historic value, as is the case with the Cannon -Gay House, the overall sentiment was that the Sanxay-Gilmore House was the more critical preservation goal for our community. Staff appreciates the efforts of past City Council's and the historic preservation community to push for the preservation of the Sanxay-Gilmore House. Likewise, we are grateful that the University has provided time and engaged in many discussions about pathways to preservation. Approval of this item will bring these efforts that have been ongoing since 2017 to a successful resolution. Doc ID: 015095790002 Tvoe: GEN Recorded: 10/08/2003 at 08:32:07 AM Fee Amt: $16.00 Paae i of 2 Johnson Countv Iowa Kimberlv A. Painter County Recorder BK3652 PQ360-361 Prepared by: Mitchel T. Behr Asst. CKV MN., 410 E. Washinciton St. Iowa City, iA 319-356-5030 F es DECLARATION OF RESTRICTIVE COVENANT The undersigned, the Board of Regents, State of Iowa for the use and benefit of the State University of Iowa (hereinafter referred to as "University"), being the owner in fee of the following described real estate located in Iowa City, Johnson County, Iowa: Lot 1 and the south 20 feet of Lot 2, Grand Avenue Court Addition (Commonly known as the Cannon -Gay House, 320 Melrose Ave.) (hereinafter referred to as "Property"), which Property has been zoned "OHP, Historic Preservation Overlay Zone" and duly designated an Iowa City Historic Landmark pursuant to Section 14-6J-3 of the Iowa City Zoning Ordinance, in consideration of the City of Iowa City vacating and conveying to the University 6,785 square feet of the Grand Avenue Court right-of-way, and in order to establish and maintain the character and quality of the Property, does hereby impress upon the Property and upon the persons and entities who may hereafter have any interest in the Property, the following conditions and restrictions upon the future use of the Property. The original portion of the Cannon -Gay House built in 1884 shall be subject to Title 14 "Unified Development Code," Chapter 4 "Land Control Development," Article C, "Historic Preservation Regulations" of the Iowa City Code, as amended. This covenant shall inure to the benefit of and bind the successors and assigns of the undersigned owner of the Property, and shall be deemed to apply to and run with the land and with the title to the land; and shall be recorded in the Johnson County Recorder's Office Executed this Z / ay of , 20. BOARD OF REGENTS, STATE OF IOWA BY:&&oN S AJ *. 4sr`"' Gregory S. Nichols Executive Director STAT�ECUTIVE COU F".YA W ACKNOWLEDGMENT OF THE BOARD OF REGENTS, STATE OF IOWA STATE OF IOWA ) SS: POLK COUNTY) this v" day of 206, before me, f a Nota Public in an for the State of Iowa, personally appeared Gregory S. Nichols, to me personally known, and who, being by me duly sworn, did say that he is the Executive Director of the Board of Regents, State of Iowa; and who is authorized to execute the foregoing instrument to which this acknowledgement is att ed by vote of the Board of Regents, State of Iowa at its meeting on 20_6 and who acknowledged the execution of the instrument to be his voluntary act and deed and the voluntary act and deed of the Board of Regents, State of Iowa. Vq,p� CAROLYN D. STOCKDALE Y commission My commission 89s52 Expires April 23, 2006 __ ANota P blic in and for said State Aib NOWLEDGMENT OF THE EXECUTIVE COU L STATE OWA ) ) SS: POLK COUNTY On this day of A.D., 20_, before me, a Notary Public, personally appeared , Secretary to the Executive Council of Iowa, to me person nown and wh me duly sworn did say that she is the Secretaryof the ecutive Council, and w authorized to execute the foregoing in ment to which this acknowledg�be ttached by vote of the Executi ❑uncil of Iowa at its meeting on20_, and who ack ledged the execution of said instrument to her ntary act and deed a d the voluntary act and deed of the Executive Council. Notary Public in and for said I6f°14f1 4 �S s[i94TTA YM 13J2 1j� wampa fal Geoff bruin. Iowa City NUIW�Ver"S ORice Office of the Senior Vice President Finance & Operations 1o5 Jessup Hall Iowa City Iowa 522-12 September 18. 2025 Geoff, As we contillue to partner in %� ays to make our cornnlunil)' and university relationship stronger, the U11 CI-SIty a ould like to share its perspective retarding ccmditions of ind plans for both the Cannon -Gay Ilouse (Mclrosc Avc.) and the Sanxay house (Ntarket Sweet). I he LI1 +►a; gifted the ['anncul-(fay House decades ago and Ilan used it Sparirl2l'. hir vanows, campus needs. While listed as a historic house. prior to t11 oeencrship rlllrch clfthe IIOUSC S 011 iDnal IN nr plan had been subdivided into many srrlilller Spaces. In recent years the IIOLISC has b4en N ileittit and sectired, due to no UI programmatic uSe nccds, to maintenance disco\cred and reported concerns regarding spilling foundation Stone and I'ir,t floor settling. The UI hired local engineer, Shiye-Hattery. to do a structural analysis. It ha; been determined that the Original 1.1884) subgradc foundation has failed, and for safety reasons the UI is permitling, no use ofthe building. RepairS to make the 11OLISC sale and usable would be considerable and fiscally -inappropriate, especially gil•en altel'atlllil5 ltllpactlllr its historic references, silllilarll, the UI mans the Sal1Xm I louse. dated to the 1840's, at 109 Market Street. The UI purchased the IIOLIS-e front the Gloria Dei ('11Lll'Cll and considered 1'aZIl1L Or IVIOCatttlg the StRICtllt'C. The City' ShaNd it passlollatc position that the Ul leave the hOLISe whel'e It IVLIS butte alld protfCt It ]t'0111 ROLIN dl'1111011tio ll. The Ul CLII'1'e11t1V has no prograllllllalle [leeds "'ithlll the building and given its tmilditioll and lack of AD,'1 access, useful space would he limited to roughly 1 ,00O sf on the first tlocer. f hr lxlilding is currently Vacant and locked. Gi%cn the Ciq's priorily and desire to have the III keep the San.ma1 house, and the fatal state ofthe Structural System at Cannon -(fay, the UI %could like to offer that %%e eomert the C'itN's retention requirements assigned to Cannon -Gay. to the Sanxay (louse. ']'lie Uni,,ersity will agree to the stipulations of those presel­� Lill()[] requirements and keen the San.xay house where it sits. It will also explore options for' use of the bill1dit1g. There are it couple additional factors that we hope align %%,tth City persfleclives and plans xe both share. I }le C'lty intends to cotl`,e17 Bviligtotl Road Into a i-wav arterial Stl'Cet, rrduirin,, use of UI land. The Carillon Gay house impacts the imended future street roule. Addilimmlly, while Catllloll-Gav is 110 lo[lgel similar to the original and historic house, its exprCSSi\C. rounded front door is an exception. The Ul was approached by the family (and associated restoration team) that bought anLl olvns the home on the historic Woodlawn Ave circle (at the cast end of lowa Avenue), that suflcred significant fire chuuage. The family is dedicated to repairing and restoring that notable home and has asked ifthe UI would be ll'illing to give the 1111,101'lC rOUrided front dOol' It ('anllotl-Gay to them aS part of their restoration project. This local partnership, allow. for- Cannon -Gad -S renlaininL, historic element to li\ is on as a Special part of all Iowa (_'its' restoration, and 010Ws uS all to be secure in the lolig-lerm protection ol'lhe nleanrligful Sanxav l Iousc. ['hank you Ior Hour cffortS and %,, r partnership. Rod 1 ehnertr.. St-mor Vice President Finance K Operations I (.j Prepared by: Susan Dulek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 25-251 Resolution approving the Agreement for Restrictive Covenant with the Board of Regents for 109 E. Market Street commonly known as the Sanxay-Gilmore House. INCOMPLETE DOCUMENT Prepared by: Susan Dulek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. Resolution approving the Agreement for Restrictive Covenant with the Board of Regents for 109 E. Market Street commonly known as the Sanxay-Gilmore House. Whereas, in 2003 the City agreed to vacate and convey to the Board of Regents a section of Grand Avenue Court on the condition the Board of Regents executed a restrictive covenant that imposed the City's historic preservation requirements on the property locally addressed as 32 Melrose Avenue, Iowa City, Iowa and commonly known as the Cannon -Gay House; and Whereas, the Board of Regents is the owner of the property locally addressed as 109 E. Market Street, Iowa City, Iowa, and commonly known as the Sanxay-Gilmore House; and Whereas, the Sanxay-Gilmore House was built in 1843, is considered the oldest known residence in Iowa City, and is eligible to be designated an Iowa City Historic Landmark; and Whereas, the Board of Regents desires to remove the historic preservation restriction on the Cannon -Gay House in exchange for imposing the restriction on the Sanxay-Gilmore House; and Whereas, under the attached Agreement for Restrictive Covenant, the historic preservation covenant imposed on the Cannon -Gay House will be released and a similar historic preservation covenant will be imposed on the Sanxay-Gilmore House; and Whereas, the purpose of the restrictive covenant is to preserve the Sanxay-Gilmore House; and Whereas, the Historic Preservation Commission discussed the proposed agreement, and members did not object to the proposal; and Whereas, it is in the City of Iowa City's interest to execute the attached agreement. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The attached Agreement for Restrictive Covenant is approved, and the City Manager is authorized to sign it. 2. The City Clerk is directed to record this resolution and the fully executed Agreement for Restrictive Covenant. 3. Upon the direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest to a release of the Declaration of Restrictive Covenant recorded October 8, 2003, in Book 3652, Page 360 in the Johnson County Recorder's Office. Passed and approved this day of October, 2025. Attest: Mayor Approved by: City Clerk City Attorney's Office Resolution No. Page 2 AGREEMENT FOR RESTRICTIVE COVENANT Whereas, the Board of Regents, State of Iowa, for the use and benefit of the State University of Iowa is the owner in fee of the following described real estate located in Iowa City, Johnson County, Iowa, locally addressed as 109 E. Market Street and commonly known as the Sanxay- Gilmore House: That portion of Lots 3 and 4, Block 78, Iowa City, Iowa, according to the recorded plat thereof described as Auditor's Parcel 2017063 according to the Survey Plat thereof recorded in Plat Book 61, Page 252, of the Records of Johnson County, Iowa; and Beginning at the northwest corner of Lot 4, Block 78, Iowa City, Iowa, according to the plat thereof, thence south 50 feet (60.25' measured), thence east 58 feet (58.02' measured), thence north 50 feet (50.25' measured), thence west 58 feet (58.02' measured) to the place of beginning, said parcel as depicted on the Retracernent Plat of Survey recorded in Plat Book 61, Page 251, of the Records of Johnson County, Iowa. (hereinafter referred to as "Property"); and Whereas, the Sanxay-Gilmore House was built in 1843, is considered the oldest known residence in Iowa City, and is eligible to be designated an Iowa City Historic Landmark. Now, therefore, in consideration of the City of Iowa City agreeing to release the Declaration of Restrictive Covenant recorded October 8, 2003, in Book 3652, Page 360 in the Johnson County Recorder's Office imposed on the real property commonly known as the Cannon -Gay House located at 32 Melrose Avenue, Iowa City, Iowa: 1. The undersigned, Board of Regents, does hereby impress upon the Property and upon the persons and entities who may hereafter have any interest in the Property, the following conditions and restrictions upon the future use of the Property: The Sanxay-Gilmore House located on the Property shall be subject to Title 14, Zoning Code, Chapter 3, Overlay Zones," Article B, °Historic District and Conservation District Overlay," of the Iowa City Code, as amended, applicable to properties located within historic districts or designated a historic landmark. 2. This covenant shall inure to the benefit of and bind the successors and assigns of the undersigned owner of the Property and shall be deemed to apply to and run with the land and with the title to the land and shall be recorded in the Johnson County Recorder's Office at the owner's cost. 3. Upon execution of this Agreement, the City of Iowa City will execute and record at the owner's cost a release of the Declaration of Restrictive Covenant recorded October 8, 2003, in Book 3652, Page 360 in the Johson County Recorder's Office. Dated this _ ._ day of 2025. CITY OF IOWA CITY Bv: Geoff Fruin CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on _ _, 2025 by Geoff Fruin, City Manager of the City of Iowa City. Notary Public -State of Iowa OARD OF REGENTS, STATE OF IOWA ACKNOWLEDGMENT la ' utiv irector of Board of Regents, State of Iowa By: David Kieft Senior Director, University Business and Real Estate Business Services BOARD OF REGENTS ACKNOWLEDGMENT STATE OF IOWA ) ss: POLK COUNTY ) This instrument was acknowledged before me on 2025 by Mark Braun as Executive Director of the Board of Regents, Slag: of Iowa. 1 ,&1.. J A My camnr>ww Epins May 9, M$ STATE OF IOWA ss: JOHNSON COUNTY This instrument was acknowledged before me on 2— ' r C�l�C , 2025 by David Kieft as Senior Director, University Business and Real Estate Business Services. Notary Public-S�eof�lowa Sherry L. Roe 4w, comrnlssloh Kumbw WWI' My commission E*;V � �3 I r t wCity Council Supplemental Meeting Packet CITY OF IOWA CITY October 21, 2025 Information submitted between distribution of the meeting packet on Thursday and 3:00 pm on Tuesday. Late Handout(s): 11,d. Historic Preservation Restriction on Sanxay-Gilmore House: See Council Correspondence from Meg George October 21, 2025 City of Iowa City Kellie Grace From: Friends of Historic Preservation <info@ic-fhp.org> Sent: Monday, October 20, 2025 9:18 PM To: *City Council Subject: FHP's Support for Sanxay-Gilmore House's Future Late Handouts Distributed Attachments: We sent you safe versions of your files; 2025.10 Letter to City Council - Sanxay-Gilmore House.pdf /0-2(-25 j (Date) RISK ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. This message is from an external sender. Dear City Council Members Please see the attached letter from Iowa City nonprofit Friends of Historic Preservation regarding our position on the Burlington Street Bridge project, and the futures of the Cannon -Gay and Sanxay-Gilmore Houses. We appreciate your consideration of our stance on this matter. Sincerely, Meg George FHP Administrator r FRIENDS HISTORIC F PRESERVATION October 20, 2025 Iowa City Council Members Friends of Historic Preservation would like to take a position of "support" for the upcoming discussion about the Burlington Street Bridge project and the proposed preservation trade-off involving the Cannon -Gay and Sanxay-Gilmore houses. We are, of course, disappointed to lose the Cannon -Gay House, but we believe that a commitment to preserve the Sanxay-Gilmore House is a benefit to our community and ensures the preservation of a landmark that is important not only to Iowa City, but to the history of the University and the State of Iowa. There are indications that the Sanxay-Gilmore House dates to 1843, making it the oldest surviving structure that was constructed as a residence in Iowa City. It was built by Theodore and Hettie Sanxay, who were among the founding families of our community. It was later owned by Eugene and Blanche Gilmore. Eugene Gilmore served as the University of Iowa president from 1934 to 1940. It is important that our state preserve this structure that illustrates the lives of our early settlers, and that later was the home of President Gilmore, a vital leader of the University. The University's commitment to invest in and occupy the Sanxay-Gilmore House not only would ensure its maintenance but also bring life and purpose back into a true historic landmark. While the swap is far from ideal, Friends of Historic Preservation has long advocated for the preservation of the Sanxay-Gilmore House, and we are pleased to see that it will be saved and invested in for the long term. Sincerely, David Woodruff President, Friends of Historic Preservation Item Number: 11.e. CITY OF IOWA CITY COUNCIL ACTION REPORT October 21, 2025 Resolution establishing a Sister City program framework for the City of Iowa City. Prepared By: Reviewed By: Fiscal Impact: Staff Recommendation: Attachments: Resolution Kirk Lehmann, Assistant City Manager Eric Goers, City Attorney Geoff Fruin, City Manager Membership to Sister Cities International: $810.00 Approval Executive Summary: In April 2024, City Council directed the Mayor and Mayor Pro Tern to explore establishment of a Sister City program for consideration by the City Council. This resolution proposes establishment of a nonprofit organization to manage program operations, including evaluating requests for new partnerships, coordinating exchanges, and making recommendations to the Iowa City Council. While the City would not provide financial or staff support, City Council will consider Sister City partnership recommended by said organization so long as it meets certain criteria established by Council to ensure accountability and alignment with community priorities. Background / Analysis: In April 2024, City Council directed the Mayor and Mayor Pro Tern to explore establishment of a Sister City program for consideration by the City Council. A series of meetings was held to provide input and refine program goals and structure, including: September 17, 2024: Council work session December 2, 2024: Stakeholder feedback session October 1, 2024: Proposed program discussion with stakeholders The proposed Sister Cities program was developed based on input collected in these meetings, as well as through ongoing conversations. The program is designed to provide an avenue for interested residents and stakeholders to establish a volunteer -driven Sister Cities program while ensuring accountability and alignment with community priorities and minimizing burden to taxpayers. A new nonprofit organization shall be established to manage the program, which may include reviewing and considering requests for new Sister City relationships, recommending Sister City partnerships to the Iowa City City Council, providing reports, and coordinating exchanges, programming, and partnerships. In turn, the City will maintain membership to Sister Cities International and will consider Sister City partnerships recommended by said organization, so long as the following conditions are met: • Said organization is legally established with 501(c)(3) status or is formally sponsored by a qualified 501(c)(3) organization. • At least one current, sitting member of the Iowa City Council serves on said organization's Board of Directors as a voting member. • Said organization provides its findings regarding the following review criteria for Council consideration: • Mutual Benefit: Opportunities for cultural, educational, economic, or humanitarian exchange that provide reciprocal value. • Community Engagement: Interest and capacity within the Iowa City community to actively support and sustain the relationship. • Geographic and Cultural Diversity: Efforts to maintain a balanced network of partnerships representing different regions and cultures. • Sustained Viability: Ability to support long-term collaboration through volunteer leadership, institutional partnerships, and community resources. • Alignment with City Values: Consistency with Iowa City's commitments to human rights, climate action, and global cooperation The City shall not provide financial or staff support beyond the normal course of its duties. A majority vote of the City Council shall be required before the Mayor is authorized to execute any Sister City agreement on behalf of the City, and a majority vote of City Council may terminate any Sister City partnership. The program may be reviewed as new organizations are recommended by said organization. Prepay by: Kirk Lehmann. Assistant City Manager, 410 E. Washington St, Iowa City, IA 52240, (319) 356-5014 Resolution No. 25-252 Resolution establishing a Sister City program framework for the City of Iowa City. Whereas, Sister City partnerships promote cultural exchange, mutual understanding, and international cooperation; and Whereas, the City of Iowa City values its history of fostering global relationships that benefit residents through educational, cultural, and economic opportunities; and Whereas, Sister Cities Intematonal provides a network and resources that strengthen such partnerships; and Whereas, in April 2024, City Council directed the Mayor and Mayor Pro Tem to explore establishment of a Sister City program for consideration by the City Council; and Whereas, residents are interested in utilizing a nonprofit organization to manage program operations, including evaluating requests for new partnerships, coordinating exchanges, and making recommendations to the Iowa City Council; and Whereas, the City must approve Sister City agreements by the signature of the Mayor following approval of a City Council resolution, which helps ensure accountability and alignment with community priorities; and Whereas, this resolution establishes expectations and responsibilities for the City and said nonprofit organization which will guide when the City may consider Sister City recommendations from said organization. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa: 1. The City of Iowa City shall establish and maintain membership in Sister Cities International upon interest in the community. 2. A nonprofit organization shall be established to serve as the operational manager of the Sister Cities program. Said organization shall be responsible for: a. Reviewing and considering requests for new Sister City relationships. b. Recommending Sister City partnerships to the Iowa City City Council. c. Coordinating exchanges, programming, and partnerships. 3. The City shall not provide staff support to said organization, except for coordination consistent with ordinary City functions such as assisting with visitor tours of City Hall, scheduling presentation meetings, or facilitating use of City facilities. 4. Said organization is expected to provide the financial resources to support its efforts without using or requesting City funds. However, it is acknowledged that it has the right to request or apply for funds through established City avenues like any other organization in the community. 5. The Iowa City Council shall consider recommendations submitted by said organization Resolution No. 25-252 Page 2 before any Sister City agreement may be approved. A majority vote of the City Council shall be required before the Mayor is authorized to execute any Sister City agreement on behalf of the City. The City shall only consider recommendations by said organization if the following governance requirements are met: a. Said organization is legally established with 501(cx3) status or is formally sponsored by a qualified 501(cx3) organization. b. At least one current, sitting member of the Iowa City Council serves on said organization's Board of Directors as a voting member, ensuring alignment and communication between the City Council and the program. c. Said organization documents its findings regarding Council's established review criteria noted below. 6. At the time of each new Sister City partnership recommendation, said organization shall provide a current letter verifying its 501(c)(3) status or sponsorship under a qualified 501(c)(3) organization In reviewing potential Sister City partnerships, said organization shall consider and document in writing consistency with the following review criteria prior to submittal for Council consideration: a. Mutual Benefl: Opportunities for cultural, educational, economic, or humanitarian exchange that provide reciprocal value. b. Community Engagement: Interest and rapacity within the Iowa City community to actively support and sustain the relationship. c. Geographic and Cultural Diversity: Efforts to maintain a balanced network of partnerships representing different regions and cultures. d. Sustained Viability: Ability to support long-term collaboration through volunteer leadership, institutional partnerships, and community resources. e. Alignment with City Values: Consistency with Iowa City's commitments to human rights, climate action, and global cooperation. 8. Said organization is encouraged to provide reports to the City Council outlining its activities, partnerships, program outcomes, and its current Board of Directors. Said organization may be invited at the discretion of the Council to present updates. 9. The City Council may review this resolution and the Sister City program at the time of each new Sister City partnership recommendation to ensure continued alignment with community goals and international engagement priorities. 10. Any Sister City partnership may be terminated at any time following a majority vote of the City Council. Resolution No. 25-252 Page 3 Passed and approved this 21st day of October 2025. l Mayor Attest: City Clerk It was moved by weilein and seconded by and upon roll call there were: Ayes: Nays: x x x X x x Approved by City Attorneys Office-10/15/2025 salih the Resolution be adopted, Absent: Alter Bergus Harmsen Moe Salih Teague Weilein