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HomeMy WebLinkAbout2024-01-02 ResolutionItem Number: 6.b. CITY OF IOWA CITY COUNCIL ACTION REPORT January 2, 2024 Resolution of the City Council of the City of Iowa City, IA approving the application of Alpla, Inc. to the Iowa Economic Development Authority High Quality Jobs Program. Prepared By: Rachel Kilburg Varley, Economic Development Coordinator Reviewed By: Eric Goers, City Attorney Geoff Fruin, City Manager Fiscal Impact: N/A Staff Recommendation: Approval Commission Recommendations: N/A Attachments: 2A Alpla Project Report Resolution Executive Summary: Alpla, Inc. is requesting approval of their Iowa Economic Development Authority (IEDA) High Quality Jobs Program application. The proposed project will make a capital investment of approximately $12,750,000 and create 36 new, full-time jobs which offer living wages and comprehensive health benefits. The IEDA High Quality Jobs program requires a local match, which this resolution would express support for in the form of a five-year, sliding scale tax abatement on a portion of the new value created. Upon approval of this agenda item, the Resolution will be forwarded to the IEDA to support Alpla's High Quality Jobs program application. To secure the local match, Alpla must submit an Industrial Property Tax Exemption Form to the City Assessor by February 1 in the year construction begins. This agenda item supports the City Council's FY23-28 Strategic Plan action item "Consider financial incentives and land use policies that aim to grow and diversify the tax base." Background /Analysis: Alpla, Inc. is an international leader in plastic packaging systems and bottles with 190 facilities in 46 countries. Customers of the company include L'oreal, Coca-Cola, Abbot Labs, and Proctor & Gamble. The Iowa City plant currently employs 231 people. This proposed project will invest approximately $12.7 million in new value to expand the existing Iowa City plant by building a learning and development facility to boost its newly developed apprenticeship program. The project will result in the creation of 36 new full-time jobs which pay $30.65/hr. and include comprehensive health benefits. The IEDA Project Report is attached to this agenda item To support the project, Alpla, Inc. requesting the City's approval of their Iowa Economic Development Authority (IEDA) High Quality Jobs Program application. The IEDA's High Quality Jobs Program provides qualifying businesses assistance to off -set some of the costs incurred to locate, expand or modernize an Iowa facility. The program requires a local match. As local match, the City recommends Alpla, Inc. seek the standard five-year, partial industrial property tax abatement program authorized by state code. This tax exemption is available to any projects within Iowa City which add value to real property (building and site improvements) that are classified as either an industrial building, warehousing/distribution center, or research -service facility. The exemption is for a period of five years where a portion of the new value in a qualifying project is exempted from taxation at the following rate: • Year One: 75% • Year Two: 60% • Year Three: 45% • Year Four: 30% • Year Five: 15% Upon approval of this agenda item, the Resolution will be forwarded to the IEDA to support Alpla's High Quality Jobs program application. To secure the local match, Alpla must submit an Industrial Property Tax Exemption Form to the City Assessor by February 1 in the year construction begins. This agenda item advances the City Council's FY23-28 Strategic Plan action item "Consider financial incentives and land use policies that aim to grow and diversify the tax base." 11U1,1,�;vViA ECONOMIC OEVELOPMENT AU —"OJECT REPORT Applicant: Alpla, Inc. Project Sponsor: City of Iowa City Award Date: December 15, 2023 Program: High Quality Jobs Version: 12/5/2023,10:16 AM Executive Summary 1:3ye1_QiI�Zd Alpla, Inc. is a subsidiary of an Austian company founded in 1955. The Alpla group is an international leader in plastic packaging systems and bottles with 190 facilities in 46 countries. Customers of the company include Loreal, Coca-Cola, Abbot Labs and Proctor & Gamble. Alpla is proposing to build a learning and development facility in Iowa City to boost its newly developed apprenticeship program. It will be a 40,000-50,000 square foot site adjacent to the existing Iowa City plant. Award Summary Tax Credits Incented Other Investment Tax Credit $ 315,000 6 Sales, Service, Use Tax Refund $ 225,000 Retained Research Activities Credit $ - 0 Targeted Jobs Withholding Credit $ 30 Other (Describe) $ Total $ 540,000 Project Jobs Contract Conditions Pending approval of sponsorship and local match by the City of Iowa City. MMP v. 7/1/2014 Page 1 of 4 Incented Other Total Jobs Created 6 30 36 Retained 0 0 0 Total 6 30 36 Contract Conditions Pending approval of sponsorship and local match by the City of Iowa City. MMP v. 7/1/2014 Page 1 of 4 IOWA OEVELOPNEN AJ-� IOP may. PROJECT REPORT Applicant: Project Sponsor: Award Date: Program: Version: Proiect Bu Alpla, Inc. City of Iowa City December 15, 2023 High Quality Jobs 12/5/2023,10:16 AM Use of Funds Amount Cost Site Preparation $ 500,000 Building Construction $ 7,000,000 Mfg. Machinery & Equip. $ 3,000,000 Other Machinery & Equip. $ 2,000,000 Furniture & Fixtures $ 250,000 TOTAL $ 12,750,000 Indirect Project Contributions 01yel_Q�I�Ii1 Source of Funds Amount Form Business $ 12,750,000 Tax Abatement' $ 578,000 In-kind contribution (Describe) $ - RISE / RED funds - DOT $ Other (Describe% $ - TOTAL $ 12,750,000 Source of Funds/Contribution Amount Form / Term TIF Rebate $ - Tax Abatement' $ 578,000 In-kind contribution (Describe) $ - RISE / RED funds - DOT $ Other (Describe% $ - TOTAL 1 $ 578,000 '- Local match for the project Notes on Other Project Contributions The City of Iowa City plans to provide a property tax abatement with an estimated value of $578,000. Project Jobs Job & Wage Information Business' Base Employment: Verification Source: Proposed: Created Total Project Jobs 231 (currently employed at this location) 10/20/2023 Incented Jobs Other Jobs 6 30 0 30 Total Proiect Jobs 36 M MMP v. 7/1/2014 Page 2 of 4 IILI,1,�;ViA ECONOMIC OEVELOPMENT AU —"OJECT REPORT Applicant: Project Sponsor: Award Date: Program: Version: Prior Awards Alpla, Inc. City of Iowa City December 15, 2023 High Quality Jobs 12/5/2023,10:16 AM Laborshed Distressed Brownfield La d Wage wage Area County? y• /Grayfield 120% Iowa City No Johnson Co No $30.65 /hr :3ye1_QiI�Zd No awards made in the previous 10 years. Competition Alpla competes with companies such as Silgan, Amcor, Plastipak and Graham. These companies have a national and, in many cases, international presence. This project is focused on training and development and no negative impact is anticipated to competitors. Additional Project Information and Timeline Activity Activity Completion Date Construction 912024 In Service 12/2024 High Quality Jobs Program Tax Credits Capital Investment $12,750,000 Qualifying Investment $10,750,000 Investment Qualifying for Tax Credits $10,500,000 Tax Benefits Included in Award Maximum Value Refund of sales, service or use taxes paid during ® Yes $225,000 construction ❑ No Refund of sales taxes paid on racks, shelving, and ❑ Yes $0 conveyor equipment (warehouse/DC projects only) ® No Investment tax credit (3%) ® Yes $315,000 ❑ No Supplemental research activities tax credit ❑ Yes $0 ® No MAXIMUM AWARD — STATE'S PORTION $540,000 MMP v. 7/1/2014 Page 3 of 4 llui,l,�;ViA ECONOMIC OEVELOPMENT AU —"OJECT REPORT Applicant: Alpla, Inc. Project Sponsor: City of Iowa City Award Date: December 15, 2023 Program: High Quality Jobs Version: 12/5/2023,10:16 AM :3ye1_QiI�Zd Local Property Tax Exemption through the High Quality Jobs Program ❑ Yes ® No $0 TOTAL VALUE of State and Local benefits through program $540,000 Investment Tax Credit Amortization Schedule Company FY 2024 January 1, 2024 through December 31, 2024 $63,000 Company FY 2025 January 1, 2025 through December 31, 2025 $63,000 Company FY 2026 January 1, 2026 through December 31, 2026 $63,000 Company FY 2027 January 1, 2027 through December 31, 2027 $63,000 Company FY 2028 January 1, 2028 through December 31, 2028 $63,000 *The final amortization schedule will be determined as apart of the contract with the recipient. Administrative code requires that the Investment Tax Credit be amortized equally over five years. The chart above illustrates a proposed schedule that starts in the current year. Benefits Company provides sufficient benefits: ® Pays at least 70% of single coverage medical premiums & meets deductible level of $1,700 (or part of the deductible is offset by additional premium cost) based on number of Iowa employees at time of application ® Pays at least 60% of family coverage medical premiums & meets deductible level of $3,750 (or part of the deductible is offset by additional premium cost) based on number of Iowa employees at time of application Contract Information Project Award Date: December 15, 2023 Project Performance Completion Date: December 31, 2026 Project Maintenance Completion Date: December 31, 2028 MMP v. 7/1/2014 Page 4 of 4 Prepared by: Rachel Kilburg Varley, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 Resolution No. 24-07 Resolution of the City Council of the City of Iowa City, IA approving the application of Alpla, Inc. to the Iowa Economic Development Authority High Quality Jobs Program Whereas, the City of Iowa City has received a request by Alpla, Inc. to approve and submit an application to the State of Iowa for the High Quality Jobs Program; and Whereas, the program was established to promote Economic Development and Job Creation in the State of Iowa; and Whereas, the City Council supports activities which promote and facilitate Economic Development within Iowa City; and Whereas, Alpla, Inc. has indicated they will: 1. Create 36 new full-time, or career positions. 2. Provide comprehensive health benefits to its employees. 3. Make a capital investment of approximately $12,750,000. Now, therefore, be it resolved by the City Council of the City.of Iowa City, Iowa, that: a. The Iowa City City Council approves the application of Alpla, Inc. for the purpose of receiving benefits from the High Quality Jobs Program. b. The Iowa City City Council supports a local match of Partial Industrial Property Tax Exemption over a 5 -year period contingent upon Alpla, Inc. submitting an Industrial Property Tax Exemption Form, per Iowa Code Sections 4278.1 - 4278.7 and Iowa Administrative Code rule 701-110.6, to the City Assessor by February 1 in the year construction begins. c. The Iowa City City Council authorizes the Mayor and City Manager to take such further actions as deemed necessary in order to carry into effect the provisions of this Resolution. Passed and approved this 2nd day of Janua ayor Attest: -4ccu 1 1t_ac� City Clerk 20 24 . WIN City Attorno's Office - 12/22/2023 Resolution No. 24-07 Page 2 It was moved by Dunn and seconded by the Resolution be adopted, and upon roll call there were: Ayes: Nays x x Absent: Alter Alter Bergus Dunn Harmsen Moe Salih Teague Item Number: 6.c. CITY OF OF IOWA CITY �fil COUNCIL ACTION REPORT January 2, 2024 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the American Legion Road/First Avenue Landscaping Project. Prepared By: Justin Harland, Senior Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $145,665.00 available in the American Legion Road/First Avenue Landscaping project fund #P3989 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: This agenda item awards the construction contract for the American Legion Road & First Avenue Landscaping Improvements Project. Four (4) bids were submitted prior to the December 13, 2023 deadline: Bidder Name City Bid Amount Nolan's Lawn Care Tiffin, Iowa $145,665.00 Sustainable Landscape Solutions Iowa City, Iowa $149,781.41 Landscape Solutions of Iowa Cedar Rapids, Iowa $157,256.57 Johnston Stump Grinding Blakesburg, Iowa Non -Responsive Engineers Estimate 1$205,000.00 Staff recommends awarding the contract to Nolan's Lawn Care of Tiffin, Iowa. Background /Analysis: The First Avenue and Scott Boulevard roundabout, American Legion Road and Scott Boulevard roundabout, and American Legion Road, from Scott Boulevard to Taft Avenue, have recently been reconstructed. Natural aesthetics such as plantings and street trees were intended for these areas but purposefully left out of those projects, as staff has had more satisfactory results with landscaping projects which were awarded to contractors with landscaping specific knowledge. Trees and plantings within the roundabout are meant to provide a sight line barrier to oncoming traffic while street trees enhance the natural corridor aesthetics and provide additional environmental benefits. Project Timeline: Construction Start — May 2024 Final Completion — June 2024 Prepared by: Justin Harland, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5154 Resolution No. 24-01 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the American Legion Road/First Avenue Landscaping Project Whereas, Nolan's Lawn Care, LLC of Tiffin, IA has submitted the lowest responsive, responsible bid of $145,665.00 for construction of the above-named project; and Whereas, funds for this project are available in the American Legion Road/First Avenue Landscaping project fund account # P3989. 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 is hereby awarded to Nolan's Lawn Care, LLC, 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 2nd day of January , 2024. l May Attest :-4COPi City Clerk It was moved by salih and seconded by adopted, and upon roll call there were: Ayes: X X X Nays: Approved by City Attor y's Office (Liz Craig — 12/21/2023) Dunn the Resolution be Absent: Alter Bergus Dunn Harmsen Moe Salih Teague R C, Item Number: 6.d. CITY OF OF IOWA CITY �fil COUNCIL ACTION REPORT January 2, 2024 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the City Park Festival Stage Improvements Project. Prepared By: Reviewed By: Fiscal Impact: Staff Recommendation: Commission Recommendations: Attachments: Resolution Ethan Yoder, Civil Engineer Juli Seydell Johnson, Parks and Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager $245,500; funds are available in the Event Facility Improvements account #R4381 Approval N/A Executive Summary: This item awards the construction contract for the City Park Festival Stage Improvements Project to Peak Construction Group, Inc. of North Liberty, Iowa. This project generally includes upgrades to the access to the stage and the crown, as well as upgrades to ventilation and lighting at City Park Festival Stage. Three (3) bids were received ahead of the December 12th deadline: Bidder Name City Bid Amount Alternate #1 Alternate #2 Peak Construction North Liberty, IA $ 226,000.00 $155,000.00 $ 19,500.00 Group, Inc. Knutson Construction Iowa City, IA $ 338,000.00 $ 153,000.00 $ 40,000.00 Services Midwest, Inc. Tricon General Cedar Rapids, IA $ 418,000.00 $ 148,000.00 $ 38,000.00 Construction, Inc. Engineer's $ 256,000.00 $78,200.00 $ 19,000.00 Estimate Peak Construction Group, Inc. of North Liberty, Iowa submitted the lowest responsive, responsible bid, and staff recommends awarding the base bid and alternate #2 for the City Park Festival Stage Improvements Project to Peak Construction Group, Inc. Background /Analysis: Renovations are needed at the festival stage to improve the viewer experience and improve the access to the crown for lighting access. As part of the project the lighting and backstage ventilation improvements will be made to improve the experience of the actors. Alternate #2 work will include replacement of the stage decking. Construction Schedule Construction Start — January 2024 Final Completion — June 2024 The City is finalizing an agreement for Riverside Theatre to contribute $50,000 toward this project. That agreement will be provided to the City Council for review and approval. Prepared by: Ethan Yoder, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145 Resolution No. 24-02 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the City Park Festival Stage Improvements Project Whereas, Peak Construction Group, Inc. of North Liberty, Iowa has submitted the lowest responsive, responsible bid of $245,500.00 for construction of the above-named project; and Whereas, the bid includes the base bid and Alternate #2; and Whereas, funds for this project are available in the Event Facility Improvements account #R4381. 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 Alternate # 2 is hereby awarded to Peak Construction Group, 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 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 2nd day of January , 2024. Ma Approved by Attest: - % ' C'A_Q� . City Clerk City Attorn 's Office (Liz Craig - 12/21/2023) It was moved by salih and seconded by Dunn adopted, and upon roll call there were: Ayes: X X X X X X X Nays: Absent: Alter Bergus Dunn Harmsen Moe Salih Teague the Resolution be Item Number: 6.e. CITY OF OF IOWA CITY �fil COUNCIL ACTION REPORT January 2, 2024 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Dubuque Street Reconstruction Project. Prepared By: Alin Dumachi, Sr. Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $3,739,999.75, available in the Dubuque Street Reconstruction Project account #S3939 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: This agenda item awards the construction contract for the Dubuque Street Reconstruction Project to Portzen Construction, Inc. of Dubuque, Iowa. The project generally involves the reconstruction of Dubuque Street between Iowa Avenue and Washington Street, as well as the reconstruction of the alley between Dubuque Street and Linn Street. This includes the removal of existing and installation of approximately 930 linear feet of new storm sewer, approximately 3,850 square yards of street and sidewalk pavement, 400 linear feet of new sanitary sewer, installation of subdrain and roof drain trunk line, installation of new water main, hydrants, fittings and services; installation of new lighting, irrigation, electric and parking meters, installation of landscaping features including plantings, pavers, mulch, limestone blocks, bicycle racks, litter receptacles and benches. The construction cost estimate for the project was $3,750,000, and six (6) bids were received by the December 21 st deadline: Bidder Name City Bid Portzen Construction, Inc. Dubuque, IA $ 3,739,999.75 Maxwell Construction, Inc. Iowa City, IA $ 3,783,732.00 McComas-Lacina Construction, LC Iowa City, IA $ 3,832,694.25 All American Concrete West Liberty, IA $ 3,924,305.30 Boomerang Corp. Anamosa, IA $ 4,097,385.57 Tschiggfrie Excavating Co. Dubuque, IA $ 4,884,109.00 Based upon the bids received, staff recommends awarding the Project to Portzen Construction, Inc. of Dubuque, Iowa. Background /Analysis: This project is part of the Downtown Streetscape Master Plan. This project reconstructs Dubuque Street from Iowa Avenue to Washington Street, and it improves sidewalk pavement, addresses critical utility updates, and enhances the retail environment with streetscape components. The project also includes alley improvements, lighting, and wayfinding. The project includes the following design elements: • 9" PCC pavement for Dubuque Street and alley; new sidewalks • New 12 -inch ductile iron pipe water main with new hydrants and services • Replacement of existing sanitary sewer and storm sewer system, with new storm sewer pipes and intakes • Installation of new street lighting, parking meters, and landscaping features, such as plantings, pavers, limestone blocks, bicycle racks, litter receptacles, and benches. Project Timeline: Construction: March 2024 — August 2024 Prepared by: Alin Dumachi, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5143 Resolution No. 24-03 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Dubuque Street Reconstruction Project Whereas, Portzen Construction, Inc. of Dubuque, Iowa, has submitted the lowest responsible bid of $3,739,999.75 for construction of the above-named project; and Whereas, funds for this project are available in the Dubuque Street Reconstruction Project account #S3939. 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 is hereby awarded to Portzen 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 9,,1 day of T;gniiarV , 2024. Attest: City Clerk It was moved by salih adopted, and upon roll call there were: Ayes: Nays: ►;i ka�or Approved by / G , City Attorney' ffice - 12/22/2023 and seconded by Dunn Absent: Alter Bergus Dunn Harmsen Moe Salih Teague the Resolution be �O,b Item Number: 6.f. CITY OF OF IOWA CITY COUNCIL ACTION REPORT January 2, 2024 Resolution Approving Final Plat of Western Home GPD, a Resubdivision of Outlot A of St. Andrew Presbyterian Church -Part One, Iowa City, Iowa. (SUB23-0005) Attachments: Final Staff Report Final Plat Final Plat - Resolution STAFF REPORT To: Planning and Zoning Commission Item: SUB23-0005 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: Parker Walsh, Associate Planner Date: January 2, 2024 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(cDwelchdesigndevelopment.com Steve Long Salida Partners 319-621-3462 steve(cDsalidaparnters. com Approval of final plat Western Home GPD a resubdivison of Outlot A of St. Andrew Presbyterian Church — Part One for the construction of a senior living community with 35 single-family homes, 8 duplex units, 38 multi -family units, 20 townhome-style units, 1 assisted living building with approximately 32 beds, and neighborhood commercial uses 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 Surrounding Land Use and Zoning Comprehensive Plan: District Plan: Neighborhood Open Space District: File Date: 60 Day Limitation Period BACKGROUND INFORMATION: 2 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 May 2, 2023 Waived The applicant, Western Home Independent Living Services, is requesting approval of a final plat of Western Home GPD of Iowa City (Attachment 1), 31.65 acres located east of Camp Cardinal Road and north of Gathering Place Lane. The final plat contains 3 lots and 2 outlots to allow construction of a senior living community with an anticipated 35 single-family, 8 duplex, 38 multi -family, 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. Outlot A is intended for mailbox clusters, while Outiot B is the surrounding area of the temporary turnaround, both of which are to be maintained by the HOA. The final plat also shows extensions of Deer Creek Road, Camp Cardinal Road, and Gathering Place Lane, improvements to Camp Cardinal Road, and the creation of Camille Court, Clara Court, and Timothy Court. The applicant 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 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. 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 January 2, 2023, Council meeting. Environmentally Sensitive Areas: The application includes a Final Sensitive Areas Development Plan (SADP) since the site includes regulated sensitive features. The site includes regulated wetlands, a stream corridor, slopes, and woodlands. The preliminary SADP included a Level II Sensitive Areas Review due to the proposed reduction of wetland buffers. The City Council reviewed and approved the Preliminary Sensitive Areas Development Plan as part of the rezoning application. The Final Sensitive Areas Development Plan is an administrative review and has been approved by staff. 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. 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 are that ends in a temporary turnaround stub for future connectivity. The plat also proposes the creation of two cul-de-sacs (Camille Court and Clara Court) and a loop street (Timothy Court) extending north off Gathering Place Lane. 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: The plat includes two new stormwater basins located northeast of the intersection of Camp Cardinal Road and Gathering Place Lane, and south of the extension of Gathering Place Lane. These will discharge into two existing basins on the St. Andrew's site. Areas not captured by the stormwater basins will discharge offsite as they currently do in the undeveloped condition. Public Works has reviewed and approved the plan for stormwater management. Sanitary Sewer Service: Sanitary sewer lines will be constructed to serve lots 1, 2, and 3 and tie into existing City services. Water Distribution System: The property can be serviced by water, but the private water service Ell line must be looped from the termination of the Gathering Place Lane extension to provide redundancy for Lots 1 and 2 and to reduce issues associated with water stagnation and increase firefighting capacity. The applicant has opted to include a portion of this private water easement on the subject property with portions of it running through the St. Andrew property. The applicant has reached an agreement with St. Andrew regarding required easements. Public Works has reviewed and approved the proposed route for the water service loop. Infrastructure Fees: Required fees include a water main extension fee of $503.57 per acre for 31.65 acres and a sanitary sewer tap -on fees of $570.98 per acre for 15.0 acres and $2,017.44 per acre for 16.2 acres. The northern and the southern portions of the property are in different subareas and therefore have different tap -on fees. Infrastructure fees have already been paid for the portion to be purchased through a boundary line adjustment on the St. Andrew property. NEXT STEPS: Once the final plat, legal documents, and construction drawings are approved the applicant can submit site plan and building permit applications. In terms of rezoning conditions, the requirement of a maintenance agreement for angled, on -street parking required has been satisfied through the legal documents. Following final plat and construction document approvals, 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. STAFF RECOMMENDATION: Staff recommends approval of SUB23-0005, an application submitted by Western Home Independent Living Services, Inc. fora Final Plat for Western Home GPD of Iowa City, a 31.65 -acre subdivision containing 3 lots and 2 outlots intended for a senior living community with 35 single- family homes, 8 duplex units, 38 multi -family units, 20 townhome-style units, 1 assisted living facility with approximately 32 beds, and neighborhood commercial uses located East of Camp Cardinal Road and north of Gathering Place Lane. ATTACHMENTS: 1. Final Plat Approved by: S%+,,".� Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services WESTERN HOME GPD AaaEToaoEa,.Eorv,. FINAL PLAT A RESUBDIVSION OF OUTLOT A OF ST. ANDREW PRESBYTERIAN CHURCH -PART ONE IOWA CITY JOHNSON COUNTY. IOWA ON 0 EDIEST ® a 11 AT a—E,n-5 UT,m I �l �e 4R' 3 1 MErvT , .�y' �..�.. �' SPEOPTIM !:Q.`T_7 STORM WATER j — — — — ]\�� MANAGEMENT ow �EP3EMENT es na �4�+£ SO / O�1 4A NO o'eJ HI A *ss'� b, ^i 0 s _ '�T h6 °OF '0, N88'26'25"E GO�GT'/ swmRNER GLITCH j ST. A.P.c PART ONE FOUND 1/z"REBAR We#18769 r =_---- 40 91 A NOT C-NII'saMUTRAT' CF -5 31 ' i DO u ND 5/8 YPC#8165 ANA ANA .IN LOT L -181 CS YELLOW PLASTIC CAP 3 HIP OPTING EASEMENT RA AID POSTING RIGHT OFWAA RUCL-9 -A n IF SE CORNER 99051 /TLE; 'Wrv��-- FOUND 1/z"REBAR we#e16sN - L�Bn' W 39 "ry N9l°98'08"E 56.69' 4302 N 88°93'52" E c9 2i 11 zle rasemerv. N 88'33•30"E 90.00' Fi 51.00' M1 a I $ m F" SIF _ ST PCPRTOTI 3F. 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NEWR - m mRNE :s'aNarewarea="=ann 7``xeR-3 00 — — z " L-7 82 NOTO608"W a FOVNOS/e"REBPREWC#187 s eu w wess t� _ e ___ �{� �� 60.00' DEER CREEK NOPO I e, a e• sv 151�� ev x8&1.25' ane__ S 88'93' + _ — — SUREGES S 8'93' W _ _ _ _ au -11734 T m�+m� mxm xmnmw sJa•ru N88'93.02"E ve 6437'2"E a me me L v smnm MS i 19.9T w T55s ff mno m e-ry De'eesew 'PRIVATE xm'a 0. 51 I NW CORNER 10WATER MAIN m V'�� A ;ro EA IN 1165"E �9 .�0' OUTLOCPPRT L: IN 01-16-58- ` � aP a� n� ONE BASEMENT' BOOK 6459 PAGES ATAP PA MAIN l0' PRIVATE WATER MA pe FOUND 5/3 SPEAR WC#8165 EAS190.00' EMENT"A" _ F - Z 7 82 BOOK 6459 PAGE SCBI W P, O, g YYee`—_W_ 17 1 L 711 5889302"W R �. �( 190.00' 6000 E 02 '00/CIL, Doc ID: 032222820043 Type: GEN Kind: SUBDIVISION Recorded: 01/24/2024 at 10:43:17 AM Fee Amt: $217.00 Page 1 of 43 Johnson County Iowa Kim Painter CountV Recorder BK6540 PG230-322 STATE OF IOWA JOHNSON COUNTY ) SS } I_r t ark :4 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 i319I 356-5000 (319) 356-5009 FAX www.icgov.org 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. 24-04, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of January 2024, all as the same appears of record in my office. Also attached are the final legal documents for Western Home GPD, Iowa City, Iowa. 11) rct Dated at Iowa City, Iowa, this �% day of j C 2024. Kellie K. Grace City Clerk \res subdivision Prepared by: Parker Walsh, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5238 (SUB23-0005) Resolution No. 24-04 Resolution Approving Final Plat of Western Home GPD, a Resubdivision of Outlot A of St. Andrew Presbyterian Church — Part One, Iowa City, Iowa {SUB23-0005} Whereas, the owner, Western Home Independent Living Services, Inc. filed with the City Clerk the final plat of Western Home GPD, a Resubdivision of Outlot A of St. Andrew Presbyterian Church - Part One, 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: AUDITOR'S PARCEL 95063 AS RECORDED IN BOOK 35, PAGE 220 OF THE JOHNSON COUNTY RECORDER'S OFFICE, IN THE SOUTHWEST'/ OF THE NORTHWEST FRACTIONAL'/4 AND THE NORTHWEST'l OF THE SOUTHWEST FRACTIONAL'/4 OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA. AND AUDITOR'S PARCEL 2013006, A PORTION OF AUDITOR'S PARCEL 95063, AS RECORDED IN BOOK 57, PAGE 183 OF THE JOHNSON COUNTY RECORDERS' OFFICE, IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA. r igue OUTLOT A OF ST. ANDREW PRESBYTERIAN CHURCH - PART ONE, AS RECORDED IN BOOK 60, PAGE 138 OF THE JOHNSON COUNTY RECORDER'S OFFICE, IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA. '►MP AUDITOR'S PARCEL 2023013 AS RECORDED IN BOOK 67, PAGE 83 OF THE JOHNSON COUNTY RECORDER'S OFFICE, IN THE NORTHWEST'/4 OF THE SOUTHWEST FRACTION "l OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA. EXCEPT AUDITOR'S PARCEL 99051 AS RECORDING BOOK 41, PAGE 220, OF THE JOHNSON COUNTY RECORDER'S OFFICE, IN THE SOUTHWEST'/40F THE NORTHWEST FRACTIONAL'/4 AND THE NORTHWEST/40F THE SOUTHWEST FRACTIONAL Ya OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA. DESCRIBED AREA CONTAINS 31.65 ACRES AND IS SUBJECT TO EASEMENTS AND OTHER RESTRICTIONS OF RECORD. Resolution No. 24-04 Page 2 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 (2023) and all other state and local requirements. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that 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 2nrl� day of _rA, ,tA 2024 r-- M Approv by Attest: 0 City Clerk City Atto y's Office (Sara Hektoen —12/28(2023) It was moved by Salih adopted, and upon roll call there were: Ayes: X X x X X X X pedllamplateslFpal_Plat_-_ResoWtlon (8).aoc.tloc and seconded by Nays: Dunn Absent: the Resolution be Alter Dunn Bergus Harmsen Moe Salih Teague Item Number: 7.a. CITY OF IOWA CITY COUNCIL ACTION REPORT January 2, 2024 Motion setting a public hearing for January 16, 2024 on a resolution to amend the Comprehensive Plan future land use map for property located north of 1-80 and west of N. Dodge Street at the end of Moss Ridge Road from Office Research Development Center to Intensive Commercial. (CPA23-0002) Attachments: CPA23-0002 Staff Report Packet 12-20-2023 STAFF REPORT To: Planning and Zoning Commission Item: CPA23-0002 Parcel(s): 0735426001 & 0735401001 GENERAL INFORMATION: Owner/Applicant: Developer: Contact Person: Requested Action: Purpose: Location: Location Map: Size: Prepared by: Kirk Lehmann, AICP Associate Planner Date: December 20, 2023 Stephen A. Moss 3354 Kenruth Circle NE Iowa City, IA 52240 Tyler Leo ATI Group 1615 SW Main Street, Suite 207 Ankeny, IA 50023 tyler(cDatirea Itv. com Michael Muhlenbruch McClure Engineering 1740 Lininger Lane North Liberty, IA 52317 mmuhlenbruch(cDmcclurevision.com To amend the future land use map designation in the Comprehensive Plan from Office Research Development Center to Intensive Commercial To allow for intensive commercial uses North of 1-80 and west of Highway 1 61.72 acres Existing Land Use and Zoning: Vacant Land; Research Development Park Surrounding Land Use and Zoning Comprehensive Plan: North Corridor District Plan: File Date: I.Cer-.19191ON FBI ► X91C1/G •► (RDP), Interim Development Research Park (ID -RP), and Highway Commercial with a Planned Development Overlay (OPD/CH-1) North: Agriculture; Interim Development Research Park (ID -RP) South: Interstate 80, Light Industrial, and Indoor Recreation; Commercial Office (CO -1) and Highway Commercial (CH -1) East: Office; Research Development Park (RDP) West: Agriculture; Interim Development Research Park (ID -RP) Office Research Development Center None November 13, 2023 The owner and applicant, Stephen Moss, is interested in selling approximately 61.7 acres of property located north of Interstate 80 and west of Highway 1/N. Dodge Street. The applicant submitted two applications to allow intensive commercial uses. The applicant has not held a Good Neighbor Meeting. This specific application (CPA23-0002) proposes to amend the Comprehensive Plan by changing the future land use designation of the subject properties from Office Research Development Center to Intensive Commercial. The other concurrently submitted application includes a zoning map amendment (REZ23-0009) which would rezone the subject properties to Intensive Commercial (CI - 1). Attachment 3 includes the applicant statement describing the rationale behind the comprehensive plan amendment request. Attachment 4 illustrates the proposed plan changes. The comprehensive plan amendment must be approved for changes to the zoning map to be consistent with the Comprehensive Plan. The subject properties are in the North Corridor Planning District, but no district plan has been adopted for this area. The subject properties are currently zoned Research Development Park (RDP), Interim Development Research Park (ID -RP), and Highway Commercial with a Planned Development Overlay (OPD/CH-1). The following is a summary of the case history: • Moss Green Urban Village (REZ10-00004 & SUB10-00005). On October 26, 2010, City Council adopted Ordinance 10-4409 which rezoned more than 141 acres including the subject properties to a Planned Development Overlay with portions zoned Office Research Park (OPD/ORP), Research Development Park (OPD/RPD), and Mixed Use (OPD/MU). At the same time, Council approved the preliminary plat for the Moss Green Urban Village (Resolution 10-460). This project would have allowed for construction of an office research park and mixed-use commercial development with access provided from an extension of Oakdale Boulevard which would have been constructed as part of the development. • Moss Ridge Campus (REZ12-00005/REZ12-00006 & SUB12-00003). The Moss Green Urban Village failed to develop. Council subsequently rezoned 172 acres including the subject property on October 23, 2012 (Ordinance 12-4499) to Research Development Park (RDP) and Highway Commercial with a Planned Development Overlay (OPD/CH-1) with 3 the remainder zoned Interim Development Research Park (ID -RP). Council also adopted the preliminary plat for the Moss Ridge Campus (Resolution 12-458). This project would have allowed for development of the first phase of an office park with associated retail and service uses on the southeast corner of the property. It included a substantial conditional zoning agreement but did not include a residential component. To ensure adequate street access, the City spearheaded construction of Moss Ridge Road to the property. • Updated Moss Ridge Campus (REZ14-00020, SUB14-00019, & SUB15-00032). On January 6, 2015, Council updated the zoning (Ordinance 15-4605) and preliminary plat (Resolution 15-8) for the Moss Ridge Campus, which adjusted the street layout and refined the conservation and stormwater management areas for the proposed subdivision. In addition, the rezoning shifted the zone boundaries to coincide with the lot lines in the updated plat and amended the conditional zoning agreement to no longer require that the Planning and Zoning Commission review future site plans as it included a more detailed office park master plan. In February 2016, City Council was scheduled to consider the final plat for Phase 1 of the Moss Ridge Campus, but the application was indefinitely deferred at the request of the applicant. Today Moss Ridge Road provides much better access to the subject properties. However, the proposed projects on the subject properties never moved forward, and the preliminary plats expired. While past concepts were consistent with the Comprehensive Plan, the new proposal deviates due to changes in market conditions since the COVID-19 pandemic. 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 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 subject properties were long identified as appropriate for office and research park -style development. The area north of the 1-80 interchange with Highway 1/N. Dodge Street first started seeing these types of uses in the early 1970s with the development of the property owned by Pearson directly west of the interchange and east of the subject properties. The 1978 Comprehensive Plan reflected this type of development by designating that area as appropriate for office research park uses which would transition to rural residential uses away from the interchange. This vision was reaffirmed as part of the 1983 and 1989 Comprehensive Plan updates. The rationale given was the interesting and aesthetically appealing nature of the topography and the ready access to major traffic corridors and motels, though it was acknowledged that street access was a challenge as there was no direct access to Highway 1. In 1997, the City adopted a new Comprehensive Plan that delineated planning districts. Properties north of 1-80 including the subject properties were designated as part of the North Corridor Planning District, which again identified the 1-80 interchange with Highway 1/N. Dodge Street as providing an opportunity for office research park development. This was based on the City's major nearby employers at the time, National Computer Systems (subsequently Pearson) and American College Testing (ACT), and the advantages of interstate exposure. The recently proposed rezonings and subdivisions starting in 2010 were developed in a manner consistent with that rd vision, and access to the subject properties was substantially improved with the construction of Moss Ridge Road. While these proposals were being considered, the City's current Comprehensive Plan was adopted in 2013 which maintained the City's longstanding vision for this area, though a district plan was never adopted. While the intention for the area remained consistentfrom the 1970s through 2010s, an office research development center never developed on the subject properties. Recent circumstances have changed such that reconsidering the future of the North Corridor Planning District is in the public interest. Most notably, the marketfor office space has transformed since the COVID-19 pandemic began in 2020. Remote work has become commonplace, and as a result, demand for office space has declined. This is reflected by the closure of the offices of major employers which once occupied much of Iowa City's office park space. In 2022, Pearson closed its Iowa City office directly abutting the subject property, and in 2023, ACT closed its headquarters to the southeast and the land is currently for sale. This has led to an abundance of vacant Class A office park space at the same time there is reduced demand. It is highly unlikely that office research development center uses remain viable in this area, so alternative future land uses should be considered. Unlike office uses, the demand for intensive commercial uses increased during the pandemic. For example, the demand for transportation and warehousing facilities surged due to the expansion of home delivery. The proposed amendment would follow this changing market by reclassifying the subject properties' future land use to intensive commercial to facilitate the development of such uses, including transportation, warehousing, compatible semi -industrial, and other commercial uses that are land intensive. This adjusted future land use category is in the public interest as it better meets current economic development needs while utilizing the subject properties' prime access to the interstate system. 2.The proposed amendment will be compatible with other policies or provisions of the comprehensive plan, including any district plans or other amendments thereto. The Comprehensive Plan's vision for the community includes building a resilient economy that grows the tax base and supports a high quality of life for the community. As a result, Iowa City's economic development efforts should focus on attracting long-term investment and creating quality jobs, encouraging entrepreneurship and innovation, and supporting opportunities for growth and prosperity for all people. To help attain this vision, the plan encourages attracting businesses that have growth potential and are compatible with Iowa City's economy which is essential to increasing and diversifying the property tax base. The plan also supports improving the environmental and economic health of the community through efficient use of resources by developing in a compact, efficient, and contiguous manner to reduce the cost of extending infrastructure and services and preserve farmland and open space at the city's edge. In addition, the plan notes the importance of planning for commercial development in defined commercial nodes and focusing industrial development on land suitable for such uses with good access to highways but buffered from residential neighborhoods. However, this should not come at the expense of protecting the community's environmental and aesthetic assets. To that end, the plan recommends several strategies: • Use the District Plans to identify appropriate commercial nodes and zone accordingly to focus commercial development to meet the needs of present and future population. • Identify, zone, and preserve land for industrial uses in areas with ready access to rail and highways. • Guide development away from sensitive environmental areas, such as floodplains, wetlands, woodlands, steep slopes, flood hazard areas, and streams. • Plan for appropriate transitions between residential neighborhoods and higher intensity commercial to ensure the long-term health of neighborhoods. Support... and promote appropriate development in the City's... designated urban renewal areas, including:... Moss Green... The proposed amendment is compatible with the policies of the Comprehensive Plan. It will allow the development of businesses that align with the needs of Iowa City in the Moss Ridge Urban Renewal Area, which is one of the City's defined commercial nodes with ready access to highways. The development will also be contiguous to adjacent development and use existing underutilized road capacity. At the same time, features such as the woodlands to the west and north, and the Rapid Creek stream corridor provide a natural buffer from rural residential uses further to the west. In addition, no waivers to the Sensitive Areas Ordinance are being requested as part of the proposed rezoning, which will ensure these features are adequately protected. NEXT STEPS: After a recommendation from the Planning and Zoning Commission, the following will occur: • City Council will set a public hearing for the comprehensive plan amendment and rezoning. • City Council will consider approval of the comprehensive plan amendment (CPA23-0002) and hold three readings including the public hearing for the rezoning (REZ23-0009). STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve CPA23-0002, a proposed amendment to change the Comprehensive Plan future land use designation from Office Research Development Park to Intensive Commercial for approximately 61.72 acres of property located north of Interstate 80 and west of Highway 1. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Applicant Materials 4. Proposed Changes to the Comprehensive Plan Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services ATTACHMENT 1 Location Map ATTACHMENT 2 Zoning Map w N WE s CPA23-0002 & REZ23-0009 0 0.05 0.1 0.2 Miles Moss Ridge Intensive Commercial Prepared By: Kirk Lehmann Date Prepared: Nov. 2023 Na �h9ata0 r y9h� aaa� A� � Eb MA;C;3 Rd ATTACHMENT 3 Applicant Submittal McCLURE" November 16, 2023 Ms. Anne Russett Senior Planner, Neighborhood and Development Services City of Iowa City Subject: Comprehensive Plan Amendment Dear Ms. Russett, This application is to request a change in the comprehensive plan and future land use designation from 'office research development center' to 'intensive commercial' for the area highlighted within this application. This change is essential for several reasons, all of which align with the public interest and goals outlined in the comprehensive plan. 1. Economic Development and Job Creation: • Commercial development fosters economic growth by attracting businesses, creating job opportunities, and generating revenue for the local community. This aligns with the comprehensive plan's emphasis on fostering a resilient local economy. • This change allows the City to increase and diversify the property tax base by attracting new businesses. 2. Meeting Changing Demands and Trends: • The nature of business and commerce is dynamic, and adapting land use designations to accommodate evolving trends is crucial. Changing the land use to intensive commercial reflects a responsive and forward -thinking approach, ensuring the area remains relevant and viable. 3. Sustainable and Smart Growth: • The shift to intensive commercial use is in line with principles of sustainable and smart growth, protecting and enhancing the environment. In conclusion, the requested change in future land use from office research development center to intensive commercial is grounded in economic, social, and community -oriented considerations. It not only meets the evolving needs of the area but also contributes to the broader objectives of the comprehensive plan. Thank you for considering this request. We are open to further discussions and providing any additional information required to facilitate a thorough review of the proposed land use change. Since Michae Muh nbruch, P.E. McClure CURRENT COMPREHENSIVE PLAN OATIGROUP creating community McCLURE-" k,U1VIF'KtNtIVJIVt FLAN AMtNUMtN I OATIGROUP creating community McCLURE-" M � I � I ' I N o •\ 7� IS ------------ P �:i .j�.�a t 1•k:�^o r f T l 1 I 1 I N. G s ii T r r - II ��" - r ... _ - ..,•��0. (_ - �♦ :"� f ./541,1 1j1�''_ I ,. \ `•L 'IV 1'g.� I � �.' vii i � ! ��i ` 1 �i 1. _. P q. d rn NIt c 77 A It - 00 t m 1.— I ioioioia o l - - --.Y c a o o w e g 5 a � r w ° ATTACHMENT 4 Proposed Changes to the Comprehensive Plan i I ------------- PI loll � i S sl w la lid No III a- C a—\147�0� Al- / 1^tet a a e LL a l..g.. - I o A �I •�YEei I i E .J IN ro i Cl G i 0..e- 1 E ,vj e i • i€ Id I r� W ya a �,•w i4° 9 I`� 1 1�1�1�1� I u \ 9 C lJ C L � = O Q N + % _•'Ui G app Item Number: 7.b. CITY OF IOWA CITY COUNCIL ACTION REPORT January 2, 2024 Motion setting a public hearing for January 16, 2024 on an ordinance conditionally rezoning approximately 61.72 acres of property from Research Development Park (RDP) zone, Interim Development Research Park (ID -RP) zone, and Highway Commercial with a Planned Development Overlay (OPD/CH-1) zone to Intensive Commercial (CI -1) zone. (REZ23-0009) Attachments: Staff Report with Attachments STAFF REPORT To: Planning and Zoning Commission Item: REZ23-0009 Parcel(s): 0735426001 & 0735401001 GENERAL INFORMATION: Owner/Applicant: Developer: Contact Person: Requested Action: Purpose: Location: Location Map: Prepared by: Madison Conley Associate Planner Date: December 20. 2023 Stephen A. Moss 3354 Kenruth Circle NE Iowa City, IA 52240 Tyler Leo ATI Group 1615 SW Main Street, Suite 207 Ankeny, IA 50023 tyler(cDatirea Itv. com Michael Muhlenbruch McClure Engineering 1740 Lininger Lane North Liberty, IA 52317 mmuhlenbruch(cDmcclurevision.com To rezone 61.72 acres of land from Research Development Park (RDP) zone, Interim Development Research Park (ID -RP) zone, and Highway Commercial with a Planned Development Overlay (OPD/CH-1) zone to Intensive Commercial (CI -1) zone To allow for construction of an intensive commercial use North of 1-80 and west of Highway 1 Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: North Corridor District Plan: File Date: BACKGROUND INFORMATION: 61.72 acres Vacant Land; Research Development Park (RDP), Interim Development Research Park (ID -RP), and Highway Commercial with a Planned Development Overlay (OPD/CH-1) North: Agriculture; Interim Development Research Park (ID -RP) South: Interstate 80, Light Industrial, and Indoor Recreation; Commercial Office (CO -1) and Highway Commercial (CH -1) East: Office; Research Development Park (RDP) West: Agriculture; Interim Development Research Park (ID -RP) Office Research Development Center None November 13, 2023 The owner and applicant, Stephen Moss, is interested in selling approximately 61.7 acres of property located north of Interstate 80 and west of Moss Ridge Road for development of an intensive commercial use. A Comprehensive Plan Amendment application (CPA23-0002) requests a comprehensive plan map amendment to the area that includes the property on the future land use map to be changed from Office Research Development Center to Intensive Commercial. There is no adopted district plan for this area. The Rezoning application (REZ23-0009) requests a zoning map amendment to rezone the property from Research Development Park (RDP), Interim Development Research Park (ID - RP), and Highway Commercial with a Planned Development Overlay (OPD/CH-1) to Intensive Commercial (CI -1). Attachment 3 includes the Applicant's Statement describing the rationale behind the rezoning request. Attachment 4 illustrates a conceptual development concept. The Comprehensive Plan Amendment should be considered prior to the proposed rezoning. Since 2010, the subject property has been rezoned several times. Here's a summary of the case history: • Moss Green Urban Village (REZ10-00004 & SUB10-00005). On October 26, 2010, City Council adopted Ordinance 10-4409 which rezoned more than 141 acres including the subject properties to a Planned Development Overlay with portions zoned Office Research Park (OPD/ORP), Research Development Park (OPD/RPD), and Mixed Use (OPD/MU). At the same time, Council approved the preliminary plat for the Moss Green Urban Village (Resolution 10-460). This project would have allowed for construction of an office research park and mixed-use commercial development with access provided from an extension of Oakdale Boulevard which would have been constructed as part of the development. • Moss Ridge Campus (REZ12-00005/REZ12-00006 & SUB12-00003). The Moss Green Urban Village failed to develop. Council subsequently rezoned 172 acres including the subject property on October 23, 2012 (Ordinance 12-4499) to Research Development Park 3 (RDP) and Highway Commercial with a Planned Development Overlay (OPD/CH-1) with the remainder zoned Interim Development Research Park (ID -RP). Council also adopted the preliminary plat for the Moss Ridge Campus (Resolution 12-458). This project would have allowed for development of the first phase of an office park with associated retail and service uses on the southeast corner of the property. It included a substantial conditional zoning agreement. Updated Moss Ridge Campus (REZ14-00020, SUB14-00019, & SUB15-00032). On January 6, 2015, Council updated the zoning (Ordinance 15-4605) and preliminary plat (Resolution 15-8) for the Moss Ridge Campus, which adjusted the street layout and refined the conservation and stormwater management areas for the proposed subdivision. In addition, the rezoning shifted the zone boundaries to coincide with the lot lines in the updated plat and amended the conditional zoning agreement to no longer require that the Planning and Zoning Commission review future site plans as it included a more detailed office park master plan. In February 2016, City Council was scheduled to consider the final plat for Phase 1 of the Moss Ridge Campus, but the application was indefinitely deferred at the request of the applicant. The 2015 rezoning ordinance and associated conditional zoning agreement (Ordinance No. 15- 4605) remain in place for this property. The conditions are summarized as follows: 1. A comprehensive landscape plan that considers stormwater facilities and environmental features, but does not need to include details for individuals lots. 2. A master sign plan that includes a design concept for the office park. 3. Additional allowances, standards, and restrictions apply for the OPD/CH-1 zoned areas: a. Two drive throughs maximum. b. Buildings shall have prominent entrances and parking toward the side or rear. c. Parking areas setback 50 feet and landscaped from 1-80. d. Allows uses in CH -1 in addition to sales oriented and personal service-oriented retail, general animal related commercial, and specialized educational facilities. 4. Site plans for individual lots will be reviewed and approved by the City according to standards relating to landscaping, building materials, building articulation and fenestration, and signage. Since 2015, much has changed, including a decline in the need for office space and the vacation of the Pearson property. In addition to these changes, market conditions are impacting the nearby ACT campus that is currently listed for sale. There are also two other major frontages along 1-80 that are either for sale or have been recently sold. This emphasizes the need to consider different uses than in the past. The proposed rezoning is aimed at the development of an intensive commercial use which aligns with the current changes and trends we see today. Furthermore, this location, which is near other warehousing uses and has few neighbors, is appropriate for considering a more intensive land use. The existing rezoning conditions focused on creating a cohesive design in the implementation of a master planned office park. Staff finds that the existing conditions are no longer necessary for a variety of reasons. Not only have market condition changed as discussed above, but the applicant will be required to submit an updated landscape plan for the property as part of the site plan requirements. In addition, commercial office is no longer the proposed use for the property. Therefore, a master sign plan with a design concept for the office park is no longer relevant. Lastly, there are conditions related to allowances, standards, and restrictions for the OPD/CH-1 zone. At this point in time, the proposed rezoning is to the CI -1 zone. Staff does not see a need to carry these conditions forward based on the change in the rezoning proposal. Future development would also need to be reviewed to the criteria applicable for a CI -1 zone, which includes the commercial site development standards. The purpose of the commercial site development standards is to ensure that commercial development is compatible in scale and rd intensity to the surrounding development, screens unsightly elements from public view, and establishes safe pedestrian and vehicular circulation. Due to the current state of the Pearson property, its large warehouse, and its lack of neighboring uses, this location would best support the CI -1 zone compared to other properties like the ACT or Dubuque Street location, that would not support compatibility. Therefore, this site can fill the current market need along the interstate more effectively than our other sites that are in transition. The applicant has not held a Good Neighbor meeting. ANALYSIS: Current Zoning: The property is currently zoned RDP (35.23 acres), ID -RP (10.98 acres), and OPD/CH-1 (15.80 acres). The purpose of the RDP zone is to provide areas for the development of office, research, production or assembly firms and other complementary uses. Office and research uses should predominate in the zone. Uses allowed in this zone include general and medical/dental office, hospitality oriented retail, technical/light manufacturing, and warehouse and freight movement. The purpose of the ID zone is to provide 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 interim development zone is the default zoning district to which all undeveloped areas should be classified until city services are provided. The CH -1 zone permits development of service uses relating to expressways or along arterial roadways. At certain access points, food, lodging, motor vehicle service and fuel can be made conveniently available. The OPD zoning allows for increased flexibility in the use and design of structures and/or land in situations where conventional development may not be appropriate. Additionally, the current zoning is subject to a conditional zoning agreement that limits certain uses (e.g. drive throughs), provides some flexibility by allowing other uses not allowed within CH -1 zones and regulates signage and landscaping. Proposed Zoning: The applicant is requesting that the property be rezoned to CI -1. 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 1 outlines the uses that are allowed in the CI -1 zone. Table 1 – Uses Allowed in CI -1 Zone Use Categories: Adult business PR Animal related commercial—general PR Animal related commercia—intensive PR Building trade P Commercial recreational—indoor P Commercial recreational—outdoor P Drinking establishments PR Eating establishments P Office—general office P Office—medical/dental office P Quick vehicle servicing PR/S Alcohol sales oriented retail P Hospitality oriented retail P Outdoor storage and display oriented P Personal service oriented P Repair oriented P Sales oriented P Surface passenger service P Vehicle repair PR Industrial service P General manufacturing PR Heavy manufacturing S Technical/light manufacturing PR Self-service storage P Warehouse and freight movement P Wholesale sales P Basic utility PR/S Community service—shelter S General community service S Daycare PR Detention facilities S Educational facilities—specialized S Religious/private group assembly P Utility -scale round -mounted solar energy systems S Communication transmission facility PR/S P = Permitted PR = Provisional S = Special exception 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 current IC2030 Comprehensive Plan identifies this area as appropriate for Office Research Development Center. Concurrent with this rezoning, the owner has requested an amendment to the Future Land Use Map to show this area as appropriate for Intensive Commercial. Assuming that the amendment is adopted, this application would be consistent with the Comprehensive Plan. There is no District Plan adopted for this area. In addition, the Comprehensive Plan's Background acknowledges that the City has taken steps to direct employment growth by identifying and zoning land to accommodate industrial, commercial, and office research uses in locations with appropriate transportation access in proximity to compatible uses. Specifically, the plan sees the Moss Ridge location as beneficial to businesses that require close access to Interstate 80. There are a variety of land use goals and strategies included in the Land Use element of the Comprehensive Plan that align with the proposed rezoning: • Encourage compact, efficient development that is contiguous and connected to existing neighborhoods to reduce the cost of extending infrastructure and services to preserve farmland and open space at the edge of the City. C) Guide development away from sensitive environmental areas, such as floodplains, wetlands, woodlands, steep slopes, flood hazard areas, and streams. • Focus industrial development on land suitable for industrial use with good access to rail and highways, but buffered from residential neighborhoods. C) Identify, zone, and preserve land for industrial uses in areas with ready access to rail and highways. C) Ensure adequate roads and other infrastructure that will attract new employers to the community. C) Plan for appropriate transition between residential neighborhoods and higher intensity commercial to ensure the long-term health of neighborhoods. C) Provide adequate buffer areas between residential areas and intensive industrial activity to mitigate any negative externalities, such as noise, odors, dust, and vibrations. The plan also includes goals and strategies in the Economic Development element of the plan that align with the proposed rezoning: • Improve the environmental and economic health of the community through efficient use of resources. C) Support... and promote appropriate development in the City's... designated urban renewal areas, including... Moss Green... Compatibility with Existing Neighborhood Character: The subject property is bordered by Agriculture to the north, Warehousing and Office to the east, 1-80 to the immediate south, as well as Light Industrial and Indoor Recreation, and more Agriculture to the west. In regard to the Pearson property to the east, the commercial site development standards in the zoning code will serve as a way to manage future commercial development and make sure it is compatible with the surrounding area. Directly south of the property is 1-80, which separates the subject property from the commercial uses south of the interstate. The property is substantially separated from the residential uses to the west due to the woodlands, agricultural land, and other environmental features that act as a natural buffer. Staff finds that the property would have minimal impact on the existing neighborhood character due to the majority of the land to the west and north is undeveloped, and it would be contiguous to adjacent office park development to the east, and use existing underutilized road capacity. As mentioned earlier, if rezoned to CI -1, the Moss Ridge property would be required to adhere to the commercial site development standards. The landscape and screening standards require that a landscaping plan be submitted, and surface parking areas, loading areas, and drives be screened from view of public rights of way and abutting properties at least to the S2 standard. The outdoor storage and display standards permit outdoor storage of materials if they can be concealed from public view. If these materials cannot be concealed behind a building, the outdoor storage area must be setback at least 20' from any public right of way and screened to at least the S3 standard. If a fence is built around the storage area, the required screening must be located between the fence and the adjacent property. Overall, staff finds that the commercial site development standards will help to ensure that future development is compatible with the existing neighborhood character, particularly the existing 7 development to the east. Environmentally Sensitive Areas: The property contains a variety of regulated sensitive features areas such as slopes, woodlands, stream corridors, potential wetlands, and archeological sites. Although a sensitive areas development plan is not required at the rezoning stage, it is required at the time of a subdivision. To satisfy the public need to protect environmentally sensitive areas and archaeological resources, Staff is recommending a condition that prior to approval of a site plan the owner must obtain approval of a preliminary and final plat. During the subdivision stage, the applicant will also be required to delineate sensitive features and impacts. Since the regulated sensitive features are not being evaluated at the rezoning, the owner will be required to meet the base requirements of the sensitive areas ordinance or go through a planned development overlay rezoning. The applicant has stated their intent to comply with the base requirements of the sensitive areas ordinance. Regarding archaeological resources, a phase 1 archaeological study was completed in 2010 and determined there are archeological sites on the property. The study notes that there are some sites that are potentially eligible for listing in the National Register of Historic Places. Therefore, for these sites, avoidance or further investigation at the Phase II level is recommended. Again, this will be further evaluated at the subdivision stage when a sensitive areas development plan is required. Floodplain: Rapid Creek places portions of the subject property within the 100 -year floodplain and 500 -year floodplain. These areas are generally located at the northwest and northeast corners of the property. Any development would need to adhere to the City's Floodplain Ordinance. Transportation and Access: The only access to the property is through Moss Ridge Road. Moss Ridge Road was constructed by the City in 2015 to encourage development of the area. In 2012 a Traffic Study was conducted to review the impacts the proposed office/research park development project would have on the property and surrounding area. With the scope of the project changing, a new traffic study is needed. Therefore, staff is recommending a condition that a traffic study be completed to ensure that any transportation impacts identified by the study are addressed as determined by the City Engineer. If any off-site improvements are identified as part of the traffic study, the developer will be required to make these improvements subject to review and approval by the City Engineer prior to issuance of a building permit. This will ensure any transportation impacts of the proposed project are addressed. Thereby, minimizing traffic related impacts on adjacent properties. The condition for platting also meets the public need for orderly development and an interconnected street network. As part of the platting process, staff is also recommending a condition to ensure a looped water system since future development to the north and west of the subject property is not imminent. Specifically, Staff is recommending a condition that the water main be designed to extend to the existing water main along 1-80, which will create a looped system and avoid a dead-end spur greater than 500 feet. This design would keep water moving and the looping pattern reduces issues associated with water stagnation and would increase firefighting capacity. SUMMARY: In summary, Staff finds that rezoning to CI -1 is consistent with the amended comprehensive plan H subject to conditions related to traffic study, approval of a preliminary and final plat, and a condition that ensures a looped water system. The conditions imposed by the existing conditional zoning agreement are no longer applicable due to the change in uses contemplated. NEXT STEPS: After a recommendation from the Planning and Zoning Commission this application will be considered by the City Council. • City Council will need to set a public hearing for both the comprehensive plan amendment and rezoning. • City Council will consider approval of the comprehensive plan amendment (CPA23-0002) and must hold three readings including the public hearing for the rezoning (REZ23-0009). STAFF RECOMMENDATION: Staff recommends approval of REZ23-0009, an application to rezone approximately 61.72 acres of the property north of 1-80 and west of Highway 1 from ID -RS, RDP, OPD/CH-1 to CI -1 subject to the following conditions: • Prior to approval of a preliminary plat, completion of a traffic study. • Prior to issuance of a building permit, completion of all required improvements, including off-site improvements, as determined by the traffic study, subject to review and approval of the City Engineer. • Prior to site plan approval, approval of a preliminary and final plat. The public improvements shall include water main designed to extend and connect to the existing water main along 1-80 to create a loop to prevent a dead-end spur. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Applicant Statement 4. Conceptual Development Concept 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 Submittal Rezoning the undeveloped property to general industrial is warranted due to several key factors that align with the evolving needs of our community and the broader economic landscape. The proposed rezoning not only addresses current demands but also anticipates future growth and development. 1. Economic Advancement: • The shift towards a general industrial designation reflects the changing economic dynamics of our region, emphasizing job creation, increased tax revenue, and enhanced economic vitality. Warehouse and freight movement, as described in the City Code, have the potential to attract diverse businesses, fostering a robust and sustainable local economy. 2. Strategic Location: • The property's strategic location makes it an ideal candidate for the proposed use. Direct access to Highway 1 and Interstate 80, facilitates the efficient movement of goods, reducing logistical costs for businesses and contributing to a more competitive industrial sector. • Due to the construction of Moss Ridge Road by the City, public utilities exist at the site and are adequate for the proposed use. 3. Community Development: • The rezoning aligns with Iowa City's goals by promoting responsible land use that accommodates a range of industries. This inclusivity not only diversifies our economic base but also offers residents a variety of employment opportunities, strengthening the overall fabric of our community. 4. Market Demand: • A careful analysis of market trends indicates a growing demand for this type of use — a need mostly unmet by Iowa City. By rezoning the property to 1-1, general industrial, we position ourselves to meet this demand and attract businesses that contribute to technological innovation, manufacturing, and other sectors crucial for sustained economic growth. In conclusion, the rezoning of this property to 1-1, general industrial, is an intentional, proactive and thoughtful step towards fostering economic growth and community development. By adapting to the evolving needs of our economy and our region, we position ourselves for a vibrant and prosperous future. ATTACHMENT 4 Conceptual Development Concept —T r-- iu0= M,CcLURE" LZ 11 t, I NORTH IOWACRY aoa000 9ryFo EX -01 1���f„/�0.�1 Item Number: 7.c. CITY OF IOWA CITY COUNCIL ACTION REPORT January 2, 2024 Resolution setting a public hearing on January 16, 2024 on project manual and estimate of cost for the construction of the 2023 Sanitary Sewer Repairs 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: Joe Welter, Sr. Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $313,000 available in the Annual Sewer Main Replacement, Account #V3101 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: The City has a recurring project to repair sanitary sewer manholes and pipes, which is one of the components of the City's annual sanitary sewer maintenance, repair, and replacement program. Background /Analysis: This project includes spot repairs of 8, 24, and 30 -inch sanitary sewers at ten different locations within City right-of-way. Repairs include removal and replacement of approximately 75 linear feet of sanitary sewer and eight manholes, plus removal and restoration of impacted streets, driveways, sidewalks, and grass areas, and other associated work. Locations for repair include Clark Street, Dearborn Street, Highland Avenue, Muscatine Avenue, Norwood Circle, Rundell Street, Second Avenue, Spruce Street, and Washington Street. Project Timeline: Hold Public Hearing/Accept Project Manual — January 16, 2024 Bid Opening — February 8, 2024 Award Project — February 20, 2024 Construction Start — April 2024 Final Completion — October 2024 Prepared by: Joe Welter, Engineering Division, 410 East Washington Street, Iowa City, Iowa 52240, (319) 356-5144 Resolution No. 24-05 Resolution setting a public hearing on January 16, 2024 on project manual and estimate of cost for the construction of the 2023 Sanitary Sewer Repairs 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 Account # V3101 - Annual Sewer Main Replacement. 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 16th day of January, 2024, 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 2nd day of January , 2024. M Attest: Q City Clerk It was moved by salih adopted, and upon roll call there were: Ayes: Approved by ` G . City Attorney' Office - 12/22/2023 and seconded by Dunn the Resolution be Nays: Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Item Number: 7.d. CITY OF IOWA CITY COUNCIL ACTION REPORT January 2, 2024 Resolution setting a public hearing on January 16, 2024 on project manual and estimate of cost for the construction of the 2024 Parking Garages Maintenance and 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: Joe Welter, Sr. Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $366,000 available in the Parking Facility Restoration Repair— Account #T3004 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: This agenda item sets the public hearing, which begins the bidding process for the 2024 City of Iowa City Parking Garages Maintenance and Repair Project. This year's project focuses on structural repairs at the Capitol Street Ramp. Background /Analysis: This annual project addresses maintenance, rehabilitation, and repairs on the City's parking garage structures. The items within this year's annual project were either identified and programmed within the City's Five -Year Condition Review and Proposed Repair and Maintenance Master Plan, June 2020, or have manifested themselves in the past year. This year's project focuses on structural repairs at the Capitol Street Ramp including: sealant replacement, concrete repairs, fiber -reinforced plastic (FRP) wrap, weld tie repairs, painting, membrane replacement, steel stair improvements, and other miscellaneous repairs. Project Timeline: Hold Public Hearing/Accept Project Manual — January 16, 2024 Bid Opening — February 8, 2024 Award Project — February 20, 2024 Construction Start — May 2024 Final Completion — August 2024 Prepared by: Joe Welter, Engineering Division, 410 East Washington Street, Iowa City, Iowa 52240, (319) 356-5144 Resolution No. 24-06 Resolution setting a public hearing on January 16, 2024 on project manual and estimate of cost for the construction of the 2024 Parking Garages Maintenance and 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 Account # T3004 - Parking Facility Restoration Repair. 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 161 day of January, 2024, 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 2nd day of January , 2024. �1 M Approved by Attest: � ,LC�i City Clerk City Attorn 's Office (Liz Craig - 12/21/2023) It was moved by salih adopted, and upon roll call there were: Ayes: and seconded by Nays: Dunn the Resolution be Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Item Number: 10.a. CITY OF OF IOWA CITY �fil COUNCIL ACTION REPORT January 2, 2024 Resolution to amend the Comprehensive Plan and Southwest District Plan to allow assisted group living uses for the property located at 1201 W. Benton Street (CPA23-0001) Attachments: CPA23-0001 Staff Report Packet 12-06-2023 Final Planning & Zoning Commission Minutes 12-06-2023 CPA23-0001 Resolution w Attachments STAFF REPORT To: Planning and Zoning Commission Item: CPA23-0001 Parcel(s): 016272001 GENERAL INFORMATION: Owner/Applicant: Contact Person: Requested Action: Purpose: Location: Location Map: Prepared by: Kirk Lehmann, AICP Associate Planner Date: December 6, 2023 Steve Roe Christian Retirement Services, Inc. 1 Oaknoll Court Iowa City, Iowa 52246 319-351-1720 sroe(aDoaknoll.com Brian Boelk Axiom Consultants, LLC 60 E Court St. Unit 03 Iowa City, IA 52240 319-519-6222 bboelk(aDaxiom-con.com To amend the future land use map designations in the Comprehensive Plan from 2-8 Dwelling Units per Acre to 8-16 Dwelling Units per Acre and in the Southwest District Plan from Single-Family/Duplex Residential to Low Density Multi -Family Residential To allow for an expansion of the Oaknoll Retirement Residence campus 1201 W. Benton Street Size: 0.78 acres Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: Southwest District Plan: File Date: BACKGROUND INFORMATION: OA Household Living, Low Density Single - Family Residential (RS -5) North: Group Living, Medium and High Density Multi -Family Residential with a Planned Development Overlay (OPD/RM-20 and OPD/RM-44) South: Household Living, Low Density Single -Family Residential (RS -5) East: Household Living, Low Density Single -Family Residential (RS -5) West: Household Living, Low Density Single -Family Residential (RS -5) Residential at 2-8 Dwelling Units per Acre Single-Family/Duplex Residential October 24, 2023 Oaknoll Retirement Residence (Christian Retirement Services, Inc.) recently purchased approximately 0.78 acres of property located at 1201 W. Benton Street, just south of Oaknoll's main campus. The owner is working with Axiom Consultants to prepare two applications to permit a campus expansion by allowing a small, assisted group living use that would house up to 12 residents in a single -story building on the subject property. 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 (CPA23-0001). The Comprehensive Plan future land use map suggests this area is appropriate for residential uses at 2-8 dwelling units per acre. The Southwest District Plan includes the subject property in the Benton Hill neighborhood of the Roosevelt Subarea. The District Plan future land use scenario indicates the property is appropriate for Single-Family/Duplex Residential. The proposed amendment would change the future land use designations for the subject property in the Comprehensive Plan to residential uses at 8-16 dwelling units per acre and in the Comprehensive Plan to Low Density Multi - Family Residential. Updated maps can be found in Attachment 5. The other concurrently submitted application includes a zoning map amendment (REZ23-0008). That application would rezone the subject property from Low Density Single -Family Residential (RS - 5) to Low Density Multi -Family Residential (RM -12). The Comprehensive Plan Amendment must be approved for changes to the zoning map to be consistent with the Comprehensive Plan. A similar but more substantial request was approved in 2012 to allow Oaknoll to expand its primary facility to the west across George Street. In that case, the expansion was a 69 -unit, 5 -story planned development. In addition to a Comprehensive Plan amendment (CPA12-00002) and rezoning (REZ12-00010) to Medium Density Multi -Family Residential with a planned development overlay (OPD/RM-20), that case also required the vacation of Spring Street (VAC12-00004). City Council approved the Comprehensive Plan Amendment on July 31, 2012 (Resolution 12-356). The applicant has used the Good Neighbor Policy and held a Good Neighbor Meeting on September 5, 2023. Several neighbors attended. Attachment 4 provides correspondence and the summary report of the meeting provided by the applicant. 3 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 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 Oaknoll campus and the surrounding area including the subject property are located within the Benton Hill neighborhood of Roosevelt Subarea, which is located in the Southwest Planning District. The initial policy direction of the Southwest Plan was adopted in 2002. However, circumstances have changed substantially over the past 20 years, including the size and age of the City's population. In 2000, the Census counted 62,220 residents in Iowa City of which 4,482 residents (7%) were aged 65 years and older. By 2020, the population grew to 74,828, an increase of more than 12,600 or just over 20%. However, the number of individuals aged 65 years and older nearly doubled to 8,646 residents or almost 12% of the population as of 2020. The City is expected to continue growing, and the population is expected to continue aging. As a result, there is a growing need to build additional assisting living and skilled nursing capacity to help baby boomers with the daily activities of life as they continue to age. The proposed amendment would allow the provision of additional skilled nursing facilities by changing the future land use of the subject property from 2-8 dwelling units per acre to 8-16 dwelling units per acre in the Comprehensive Plan and from Single-Family/Duplex Residential to Low -Density Multi -Family Residential in the Southwest District Plan. The Zoning Code, which helps implement City plans, describes the Low -Density Multi -Family Residential (RM -12) zone as providing for the development of high density, single-family housing and low density, multi -family housing. This zone is intended to provide a diverse variety of housing options in neighborhoods throughout the city. It notes that careful attention to site and building design is important to ensure that the various housing types in any one location are compatible with one another. Based on these factors, the proposed amendment appears to be in the public interest to help 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 Southwest Plan was initially adopted in 2002, single-family neighborhoods in the area were located primarily west of Harlocke and George Streets and along Tower Court and Woodside Drive. Apartment buildings were concentrated north of Benton Street between Greenwood Drive and Oaknoll Drive and along Oakcrest Street, in addition to the area directly south of Benton Street. As a result of this delineation, the future land use map shows the subject property as being in an area that is appropriate for Single-Family/Duplex Residential uses. In turn, the Comprehensive Plan future land use map adopted in 2013 reflects the land uses shown in the Southwest District Plan. City policies include locating multifamily housing along arterial street corridors in areas with good access to urban services. However, the Southwest District Plan noted concern that the amount of land zoned high-density multifamily is excessive for this area and an appropriate transition between low density single-family neighborhoods and areas zoned for high density multi -family rd was lacking. Specific concerns included the bulk and scale of large apartment buildings, large parking lots, bright lights, and noise directly adjacent to single-family homes which could constitute nuisances near those neighborhoods. The plan included a goal to stabilize existing single-family neighborhoods in the Roosevelt Subarea in order to provide the opportunity and encourage households of all types to live close to the University and downtown Iowa City. In addition, it encouraged the development of high- quality multi -family housing that is compatible with surrounding development to meet the housing needs of a variety of households including singles, young families, university students, and elderly populations. Recommended actions included the following: • Avoid concentrations of high-density multifamily zoning directly adjacent to low-density single-family zones; facilitate downzoning multifamily property where appropriate. • Apply the Multifamily Residential Design Standards contained in Section 14 -5H -5N of the City Code to the Roosevelt Subarea. • Review and make needed changes to the Multifamily Residential Design Standards to ensure compatibility of new multifamily development with surrounding development. As Iowa City has continued growing, vacant land near the Benton Hill neighborhood has developed, and established facilities such as Oaknoll have needed to redevelop adjacent land to meet the increasing needs of the community. Around 2004, the large multi -family development at Hawk's Ridge was built on vacant ground as a planned development zoned Medium Density Multi - Family Residential (OPD/RM-20). Though it is a higher density use that is adjacent low density single-family neighborhoods to the west, it was found to be compatible due to its careful site design. Similarly, when Oaknoll expanded its facility to the west across George Street c. 2012, it required a Comprehensive Plan amendment to allow a rezoning to Medium Density Multi -Family Residential (OPD/RM-20). Despite the proposed expansion being 5 -stories, the comprehensive plan amendment and rezoning were approved because the building was designed to create an appropriate transition from existing single-family neighborhoods to the west and north and the Oaknoll campus to the east. The comprehensive plan amendment currently under consideration is substantially less intense than that approved for the expansion of Oaknoll in 2012. The change would facilitate rezoning to a Low Density Multi -Family (RM -12) designation which can be compatible near single-family neighborhoods. In addition, the one-story building shown in the submitted concept would provide an appropriate transition between multi -story, higher density residential uses to the north and lower density residential uses to the south. It also would provide a high quality of design that complements nearby buildings as required by zoning code regulations updated in 2005 that enhanced the multi -family site development standards corresponding to standards previously codified at 14 -5H -5N. Altogether, the proposed amendment is consistent with the policies of the Southwest District Plan. Furthermore, the proposed amendment meets several goals and strategies regarding land use and housing from the Comprehensive Plan. This includes the following: • Ensure that infill development is compatible and complementary to the surrounding neighborhood. • Identify and support infill development and redevelopment opportunities in areas where services and infrastructure are already in place. • Promote housing design and features that allow people to age in place, such as universal design. For the reasons above, staff finds the requested comprehensive plan amendment to be compatible with the policies of the Comprehensive Plan so long as an appropriate transition is provided. Implementing this proposed amendment requires amending the zoning map (to be considered under REZ23-0008). Any rezoning of the property should include conditions to help ensure the goals of the Comprehensive Plan relating to an appropriate transition are met. A high quality of design is already required as part of the City's multi -family site development standards which were updated after adoption of the Southwest District Plan. STAFF RECOMMENDATION: Staff recommends approval of CPA23-0001, a proposed amendment to change the future land use designations of approximately 0.78 acres of property located at 1201 W. Benton Street from 2-8 dwelling units per acre to 8-16 dwelling units per acre in the Comprehensive Plan and from Single-Family/Duplex Residential to Low Density Multi -Family Residential in the Southwest District Plan. 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. • City Council will consider approval of the comprehensive plan amendment (CPA23-0001) and must hold three readings including the public hearing for the rezoning (REZ23-0008). ATTACHMENTS: Location Map Zoning Map Applicant Submittal Correspondence and Good Neighbor Meeting Materials Proposed Changes to the Comprehensive Plan and the Roosevelt Subarea of the Southwest District Plan Approved by: . S+x.----- Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services ATTACHMENT 1 Location Map ATTACHMENT 2 Zoning Map Two applications submitted by Axiom Consultants on behalf of Christian Retirement Services, Inc. for 0.78 acres of property located at 1201 W Benton St. First, to change the future land use map designations in the Comprehensive Plan from 2-8 Dwelling Units per Acre to 8-16 Dwelling Units per Acre and from Single- Family/Duplex Residential to Low Density Multi -Family Residential in the Southwest District Plan. Second, to rezone from the current RS -S zone to an RM -12 zone to allow an assisted living use serving 12 residents. N1 �� .. ,JI i CITY OF IOWA CITY y _JRSS . a...4+.: 4<n I � SHarloc�eSt -ilk , i Ir ll a df i� al ...�.� a ATTACHMENT 3 Applicant Submittal Om ve I d dwo jo de uoi;eoo - s;e A@AJ❑ - ini u8isa uo;ua ou e - wd ;i Z d0 Z 133915 NO1N391S3M LOZL OZZe-6Is (610 1 wOD-NOD-woixr'mmm �, die,Hn„,HS AldiNinnO ,.IN .,1011 S1wilMN00 EZOZ-t7Z-OT II LOLO£Z )11309 dtlW NOIltlJOI ii EtT we m 7J r z`---T-- , ,t 133815 NO1N3 m m O O D Z m O Un r � n m ° m 1 001 OS 0 COMPREHENSIVE PLAN AMENDMENT EXHIBIT o so 100 Lu O Lu U � J cn p Lu z 0 Y cr Q 0 O ENTON STREET Lu _ w ms � �..� H - (OH) N ui - w m w w jLTq� wRN cO v / — URT � CURRENT COMP PLAN: SOUTHWEST DISTRICT PLAN SUBDISTRICT: ROOSEVELT SUBAREA REQUESTED AMENDMENT: SINGLE FAMILY RESIDENTIAL TO MULTI FAMILY RESIDENTIAL DES ECT NO AI V ,ER NAME 10-2 EEp0 DETAILED" COMPREHENSIVE PLAN AMENDMENT PRO CURRENT 10-24-202 CQNSULL4NTS 1201 WEST BENTON STREET EV WwW.AXIOMLORCOM (319�SS9fi220 c - pm - UVIN - UaKnoll EEZUEE w [3enton\Ubesign ivi - urvey a s - Lomp Plan Amendment ExhibiI AXIOMCONSULTANTS CIVIL - STRUCTURAL - MECHANICAL - ELECTRICAL - SURVEY - SPECIALTY October 24, 2023 COMPREHENSIVE PLAN AMENDMENT APPLICANT'S STATEMENT On behalf of Oaknoll of Iowa City (Christian Retirement Services, Inc.), we are submitting a request for a Comprehensive Plan Amendment in conjunction with the recently submitted Rezoning application (REZ23-0008). This area includes 1201 W Benton Street in Iowa City, defined as Parcel No. 016272001. Since the current Comprehensive Plan was adopted, circumstances have changed and/or factors have come to light that the proposed amendment will be compatible with other policies and/or provisions of the Comprehensive Plan, including any District and Subdistrict Plans or other amendments thereto. Oaknoll requests that Iowa City's Southwest Planning District Comprehensive Plan be amended within the Roosevelt Subarea so that the parcel at 1201 W Benton Street be able to be considered multi -family for the purpose of providing much needed housing and specific use with Oaknoll. This request includes supporting a change of the current RS -5 rezoning at 1201 W Benton Street to the proposed zoning of RM -12. In similar fashion, previous amendments were made to Oaknoll's property at the northwest corner of W Benton Street and George Street, allowing for multi -family residential, which was built and currently exists. This revision to the Roosevelt Subarea would redefine an existing RS -5 zoned area with existing single family residential home to the proposed RM -12 zoned area to allow for a new "small -house" nursing home model that would serve a much needed twelve residents with assisted living within a single residential structure. Modifying the Southeast Comprehensive Plan is appropriate for this site due to the size, aesthetics, and use of the proposed project in which it finds itself in. Situated on a large parcel (0.776 acres), the proposed structure was specifically designed with the intent to represent nothing more than a large single family residential home, which we feel it certainly does. The proposed building location has been well thought-out in terms of preservation of existing trees and screening from existing adjacent residential homes. It also finds itself situated within the existing topography, with a height within that of the surrounding homes found there today. Being proactive, and a well-respected member of the community, Oaknoll has recently met with the adjacent neighbors and those that would be directly impacted by the proposed change. The results were very positive and well received. Within the application submittal, you will find letters of support from adjacent property owners and neighbors within this specific location. Knowing that the Oaknoll Campus is directly across Benton Street, and understanding the desires and needs to provide services such as this to the Iowa City Community, we feel this this Comprehensive Plan Amendment would allow fora more cohesive development while still being sensitive to the neighborhood scale to the adjacent properties. Sincerely, 4�c�� Brian A. Boelk, PE PRINCIPAL/OWNER 300 S Clinton St #200, Iowa City, IA 52240 1 319.519.6220 w .axiom con.com 2330 12^ Street SW, Cedar Rapids, IA 52404 1 319.519.6220 G September 19, 2023 To: City of Iowa City Re: Zoning variance request for 1201 W. Benton St. ei From: Steve Roe, Chief Executive Officer oil Oaknoll is requesting to use our recently acquired property at 1201 W. Benton St. for a "small -house" nursing model that would serve twelve residents. The small -house model creates an ideal setting to provide care for frail, older adults. Each resident has their own private room, including a bathroom and . shower, around the perimeter of the building. Residents can be involved in meal preparation, which happens in an open kitchen. The house has a communal dining and living area for activities and visiting. The design of the house is modern. It ties in with the architecture of our most recent addition across Benton St. It also fits nicely on the property and will not disturb the neighbors. The trees around the property line will not be disturbed. We hosted a meeting of the property owners around our property on September 51h to explain what we hoped to build. We showed the neighbors what the home will look like when completed. The neighbors immediately east, west, and south signed a "letter of support" for the proposed new home in which we will provide nursing care. Those letters are included with this submission. The last expansion of Oaknoll's licensed nursing beds occurred in 2016, the year after our Spring Building addition was complete. The number of licensed beds increased by 10, from 48 to 58. To meet resident expectations, the number of private nursing rooms has increased from zero to 52 over the past 19 years. 52 of our 58 licensed beds are private rooms. Since 2018, Oaknoll has acquired 14 condominiums at One University Place, and we open the 60 - apartment Oaknoll East campus in 2020. With these two locations, our number of Independent Living households has grown by 74. Over time, approximately 50% of the individuals served in these locations will require nursing care. Over the next five years, our goal is to increase the number of licensed nursing beds from 58 to approximately 90 to meet the anticipated needs of our larger Independent Living population. The proposed project at 1201 W. Benton St. would get us to a total of 70 licensed nursing beds, which we anticipate will get us through until the redevelopment of our main campus can occur. Oaknoll is an asset to the Iowa City community. We hope that the city will support a creative and responsible use of the property at 1201 W. Benton St. Oaknoll Retirement Residence • 1 Oaknoll Court • Iowa City, Iowa 52246-5250 PHONE 319-351-1720 • FAx 319-351-6772 • www.oaknoll.com W Benton St ropy 1415 17L9 � E tzot o@ aos _ / 8201 TM1 nC1 8 824 24 sq Wa,, I811 c 015 ® 1\ BOP . 12 Residential Units Gross SF: 8,720 SF Circulation: 2,185 SF (25%) Lot Coverage: 26 t W eanwn at 1121 1173 I� E eoa ; 1201 W Benton - Site Plan PG1 09052023 m 6aknoll `IomrRouP M©© LRC, TECTS Res. Res. Screen Perch ;HC Porch Den Vest. Entry Bol Dining Off' Pt Res Gauge Kit S EI. D. Trash y Res. Int Seat Res. Living roan M s1 — Room Sltl. r Res. St =— Spa 5 Spaces RR. Palin 1 Res. Res. =n Res. Res. ropy 1415 17L9 � E tzot o@ aos _ / 8201 TM1 nC1 8 824 24 sq Wa,, I811 c 015 ® 1\ BOP . 12 Residential Units Gross SF: 8,720 SF Circulation: 2,185 SF (25%) Lot Coverage: 26 t W eanwn at 1121 1173 I� E eoa ; 1201 W Benton - Site Plan PG1 09052023 m 6aknoll `IomrRouP M©© LRC, TECTS .- � _ 4r �, �y y. ,Jr � b dw « n ."<. i� �� y -� �� �'-:.._ 1-y".—I- �.�" -. .mow �� �,_�___.. ... �___^�;. F`3l ,. ai. r I — e3 a Py s, � t� ��dfi�3 !r r rte. � h �. }{}¢" ` a,�`i2y ia�y�s's ee �a .Y x. � ,'� a a s �, "�' '�r+ erv"k, !, .f � yix As'` '. _ _c -mom _... r ..o�y��..p - _ � ,� 1201 W Benton - Proposed North Elevation PG4 09/05/2023 m6aknoll `locirRouP M©© LRC HIT EC TS ATTACHMENT 4 Correspondence and Good Neighbor Meeting Materials September 5, 2023 To: City of Iowa City Re: 1201 W. Benton St. property We, the property owners near Oaknoll, consider Oaknoll to be a "good neighbor". We support Oaknoll's request to the city for a zoning variance from RS5 to RM -12 for their property at 1201 W. Benton St. We understand that if the rezoning request is approved, Oaknoll will pursue adding additional licensed nursing spaces to care for their most dependent residents. The new building will be a good addition to our neighborhood. Randy A. Ihrig, 1,1,223 W. Benton St. Katerina Beyerink, 1129 W. Benton St. Margaret & Raymond Welsh, 1209 W. Benton St. Mousa Abuissa, 1215 W. Benton St. Melvin Donaldson & Courtney Hitchon, 816 Talwrn Ct. Wilford D. & Elaine E. Yoder, 820 Talwrn Ct. Kathryn L. & George Sadewasser, 824 Talwrn Ct. Suellen N. Pennell, 802 Wylde Green Rd. John S. & Connie Nelson, 2245 Macbride Dr. (owner of 809 Weeber St.) September 5, 2023 To: City of Iowa City Re: 1201 W. Benton St. property We, the property owners near Oaknoll, consider Oaknoll to be a "good neighbor". We support Oaknoll's request to the city for a zoning variance from RS5 to RM -12 for their property at 1201 W. Benton St. We understand that if the rezoning request is approved, Oaknoll will pursue adding additional licensed nursing spaces to care for their most dependent residents. The new building will be a good addition to our neighborhood. Randy A. Ihrig, 1123 W. Benton St. Katerina Beyerink, 1129 W. Benton St. Margaret & Raymond Welsh, 1209 W. Benton St. Mousa A uissa, 1215 W. Benton St. Melvin Donaldson & Courtney Hitchon, 816 Talwrn Ct. Wilford D. & Elaine E. Yoder, 820 Talwrn Ct. Kathryn L. & George Sadewasser, 824 Talwrn Ct. Suellen N. Pennell, 802 Wylde Green Rd. John S. & Connie Nelson, 2245 Macbride Dr. (owner of 809 Weeber St.) September 5, 2023 To: City of Iowa City Re: 1201 W. Benton St. property We, the property owners near Oaknoll, consider Oaknoll to be a "good neighbor". We support Oaknoll's request to the city for a zoning variance from RS5 to RM -12 for their property at 1201 W. Benton St. We understand that if the rezoning request is approved, Oaknoll will pursue adding additional licensed nursing spaces to care for their most dependent residents. The new building will be a good addition tc our neighborhood. Randy A. Ihrig, 1123 W. Benton St. Katerina Beyerink, 1129 W. Benton St. Margaret & Raymond Welsh, 1209 W. Benton St. Mousa Abuissa, 1215 W. Benton St. Melvin Donaldson & Courtney Hitchon, 816 Talwrn Ct. Wilford D. & Elaine E. Yoder, 820 Talwrn Ct. Kathryn L. & George Sadewasser, 824 Talwrn Ct. Suellen N. Pennell, 802 Wylde Green Rd. John S. & Connie Nelson, 2245 Macbride Dr. (owner of 809 Weeber St.) An active Lij October 30, 2023 To: Madison Conley, Associate Planner — City of Iowa City Re: Good Neighbor meeting for proposed 1201 W. Benton St. project From: Steve Roe, Chief Executive Officer oil Oaknoll hosted an informational meeting for property owners near 1201 W. Benton the afternoon of September 5, 2023. On the north side of Benton St., the Oaknoll campus extends from Oaknoll Drive to Wylde Green Rd. Each property owner on the south side of Benton St. between Weeber St. and Wylde Green Rd. was invited, along with the neighbors who share the property line on the south side of the property. A total of nine property owners were invited. The list of property owners and addresses follows: 1. Randy A. Ihrig 1123 W. Benton St. 2. Katerina Beyerink 1129 W. Benton St. 3. Margaret & Raymond Welsh 1209 W. Benton St. 4. Mousa Abuissa 1215 W. Benton St. 5. Melvin Donaldson & Courtney Hitchon 816 Talwrn Ct. 6. Wilford & Elaine Yoder 820 Talwrn Ct. 7. Kathryn & George Sadewasser 824 Talwrn Ct. 8. Suellen Pennel 802 Wylde Green Rd. 9. John & Connie Nelson 809 Weeber St. could not attend, but met privately Sept. 11 attended and signed letter of support attended and signed letter of support did not attend did not attend attended and signed letter of support attended attended via proxy attended During the meeting, I shared information about Oaknoll's plans for this property, beginning with a description of the "small house' model of nursing care and why we were working to add additional nursing spaces. I shared a map of the area and the architectural renderings of what the proposed building will look like. We closed the meeting with a question -and -answer session. One of the questions was related to parking and another was related to traffic. The residents who will be cared for in this building do not drive, so they will not have vehicles on the property. There will be two to three staff members working with the residents throughout the day, and intermittent visitors to the twelve residents living in this new building. Benton St. is already a very busy street. This building will not add any significant new traffic. If there is any additional information that would be helpful in considering this application, please let me know. Oaknoll Retirement Residence • I Oaknoll Court • Iowa City, Iowa 52246-5250 PHONE 319-351-1720 • FAx 319-351-6772 • www.oaknoll.com ATTACHMENT 5 Proposed Changes to the Comprehensive Plan and the Roosevelt Subarea of the Southwest District Plan l � 9 / _ J t i`./ nom\.'_ _�I � ■� - 9 II � + — �" I � it � • _ r _ FCa _ a R F s I +l' mm o 1J i - I , I L------ - - - - - - i -Ir _ Rural Residential + I I — + Conservation Design 2.8 DU/A Imtemslve Commercial - - - 8-16 DU/A Office Commercial _ 16-24 DU/A General Commercial M 2e+uwA 0 Office Research Devd.Center Future Land Use, Iowa City ® Mired Use General ndustrial Based on Planning Districts - Neighborhood Center Pnblo/Semi-Public Gcncral Commercial Public/Private Open Space - - City Limits Highnay Commercial Water Feature — — City Growth Area (Resolution 21-285) I 1 OEIG SOUTHWEST PLANNING DISTRICT Roosevelt Subarea B KIRI �❑ Q CC NoaOC 0 waslewATR 7EAI ENT PuNr > t Single-Family/Duplex Residential Publk/Privale Open Space l,mv Density Multi-Familu Residential Publie Services/Institutional - hledinm to High Deusilg Moltl-Family General Commercial Mixed Use Existing Trail/Rode Proposed Trail MINUTES FINAL PLANNING AND ZONING COMMISSION DECEMBER 6, 2023-6:OOPM—FORMAL MEETING EM MA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Susan Craig, Maggie Elliott, Mike Hensch, Scott Quellhorst, Billie Townsend, Chad Wade MEMBERS ABSENT: Maria Padron STAFF PRESENT: Madison Conley, Sara Hektoen, Kirk Lehmann, Anne Russett OTHERS PRESENT: Brian Boelk, Kim Bergen -Jackson, Steve Roe, Jack Topp, Jordan Conrad, Kate Magsamen-Conrad RECOMMENDATIONS TO COUNCIL: By a vote of 6-0 the Commission moved to set a public hearing for December 20, 2023 on a proposed amendment to change the Comprehensive Plan future land use map from Office Research Development Center to Intensive Commercial for approximately 61.72 acres of property. By a vote of 5-0 (Elliott recused) the Commission recommends approval of CPA23-0001, a proposed amendment to change the future land use designations of approximately 0.78 acres of property located at 1201 W. Benton Street from 2-8 dwelling units per acre to 8-16 dwelling units per acre in the Comprehensive Plan and from Single-Family/Duplex Residential to Low Density Multi -Family Residential in the Southwest District Plan. By a vote of 5-0 (Elliott recused) the Commission recommends approval of REZ23-0008, a proposed rezoning to change 0.78 acres of the property located at 1201 W. Benton Street from RS -5 to RM -12 zone subject to the following conditions: • General compliance with the footprint and scale of the concept plan to ensure compatibility with the existing neighborhood development pattern. • The structure may not exceed one story. • City approval is required for a landscaping plan that preserves as much existing mature landscaping as possible. CALL TO ORDER: Hensch called the meeting to order at 6:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. COMPREHENSIVE PLAN AND REZONING ITEMS: CASE NO. CPA23-0002 Location: North of 1-80, West of N. Dodge Street, at the end of Moss Ridge Road A request to set a public hearing for December 20, 2023 on a proposed amendment to change the Comprehensive Plan future land use map from Office Research Development Center to Planning and Zoning Commission December 6, 2023 Page 2 of 17 Intensive Commercial for approximately 61.72 acres of property. Quellhorst moved to set a public hearing for December 20, 2023 on a proposed amendment to change the Comprehensive Plan future land use map from Office Research Development Center to Intensive Commercial for approximately 61.72 acres of property. Townsend seconded. A vote was taken and the motion carried 6-0. CASE NO. CPA23-0001 Location: 1201 W. Benton Street A public hearing on a proposed amendment to change the Comprehensive Plan future land use map from 2-8 Dwelling Units per Acre to 8- 16 Dwelling Units per Acre and an amendment to change the Southwest District Plan future land use map from Single-Family/Duplex Residential to Low Density Multi -Family Residential for approximately 0.78 acres of property. Elliott recused herself due to her affiliation with the Oaknoll Foundation Board and left the meeting. Lehmann began by noting the subject property is located on the west side of town just south of the current Oaknoll campus. It's currently occupied by a single-family home and surrounded by low density single-family residential neighborhoods. The proposal is to expand the Oaknoll campus with a smaller scale multifamily use on proposed site that would be assisted group living. Doing so, the proposal would change the future land use category to low density multifamily residential which would allow such a use. In terms of the zoning as the zoning generally reflects the uses that are around it. Lehmann stated to the north is medium and high density multifamily residential zones that are in a plan development overlay and to the south, east and west is the low density single-family residential zone (RS -5). Low density single-family residential (RS -5) is also what the current the property is currently zoned but there's an additional concurrent amendment to the zoning code that would change that to RM -12 or low density multifamily residential. Lehmann shared the future land use map with the proposed change. He explained this is part of a two-part application that includes both a Comprehensive Plan Amendment and a rezoning. The proposed changes would allow the assisted group living use they're proposing to house up to 12 residents in a single -story building on the subject property. The Comprehensive Plan Amendment is CPA23-0001 and the rezoning that's affiliated with it is REZ23-0008. With these changes the Comprehensive Plan would also change the Southwest District Plan, which this property is within, from single-family duplex residential to low density multifamily residential. Lehmann noted this is somewhat similar to a previous expansion of the Oaknoll campus that occurred in 2012 west across George Street that allowed 69 units of planned development housing and a medium density multifamily residential use. He stated that was a more substantial expansion at that time which also had a five -story building versus this one-story building proposed. Lehmann again showed the image of the future land use map noting the proposed property is within the Benton Hill Neighborhood in the Roosevelt subarea of the Southwest District Plan. This plan was initially adopted in 2002 and has been updated a couple of times Planning and Zoning Commission December 6, 2023 Page 3 of 17 since then, including that previous Oaknoll expansion. There's also been some other changes to the south that have allowed additional multifamily uses. For Comprehensive Plan Amendments there are two approval criteria that the City considers found in Section 14 -8D -3D of the City Code. The first is that circumstances have changed and/or additional information or factors have come to light such that the proposed amendment is in the public interest. The second is that the proposed amendment will be compatible with other policies or provisions of the Comprehensive Plan, including any district plans or their amendments. Lehmann stated staff reviewed those two factors and their analysis was included in the staff report. In terms of changing circumstances, the population of residents aged 65 and over has nearly doubled since the Southwest Plan was initially adopted in 2002. In 2000 the census showed that there were approximately 62,000 residents in Iowa City at that time and about 4500 of them were aged 65 plus, which is about 7% of the population. In 2020 there were about 75,000 residents and about 8600 of them are aged 65 or greater, which is now about 12% of the population, not quite a doubling from 2000, but it has increased, and they expect it to continue growing, and aging, especially as the baby boomer generation continues to reach those retirement and senior years. Therefore, the City will continue to need additional assisted living and nursing capacity within the housing market to accommodate that growing demand. In terms of the proposed change to the future land use map, low density multifamily generally does allow assisted group living uses as well as multifamily uses. This future land use category directly correlates to the RM -12 zone that's part of the proposed rezoning. Lehmann noted however, it is important to keep in mind that this zone provides a variety of housing options so careful attention needs to be paid to the site and the building design to ensure that it is compatible with adjacent uses and also with all the uses that are allowed within that zone. Overall, these trends do indicate that there's a public interest in reviewing the property's future land use category. The second criteria looks at whether it's compatible with other policies of the Comprehensive Plan. Lehmann stated generally multifamily housing should be located in areas with good access to urban services, the Comprehensive Plan especially encourages it along arterial corridors such as Benton Street. However, the District Plan does note that there are concerns about appropriate transitions between low-density single-family neighborhoods and high-density multifamily neighborhoods and this subject property that's being proposed would be a low-density multifamily neighborhood. There are already significant concentrations of high-density multifamily neighborhoods within the Roosevelt subarea but this Plan also encourages households of all types to live close to the University and downtown which includes elderly populations in addition to other folks such as single folks, families. etc. Again, Lehmann noted there are nearby areas that have been developed and designed as higher density uses that are adjacent to lower density single-family uses. There was the original Oaknoll expansion that happened in 2012, another example occurred in 2004 when the Hawk Ridge property was developed, which had a planned development overlay, and was medium density multifamily residential next to single- family uses but they tried to carefully design the setbacks to be appropriate with the adjacent single-family residential neighborhoods. Staff believes that the proposed amendment does achieve a similar result, especially as it will be a low-density multifamily use. Lehmann also mentioned some recommended actions that were included in the Southwest District Plan, there's the note about the avoiding concentrations of high-density multifamily zoning adjacent to low Planning and Zoning Commission December 6, 2023 Page 4 of 17 density, but this is low density next to a low density, so staff believes that that's an appropriate use of future land use planning. There are also two notes that relate to multifamily residential design standards within the Roosevelt subarea that were incorporated with the 2005 zoning code update that occurred after this Plan was initially adopted. A lot of the things related to the design of the site are addressed with the City's site development standards that are incorporated within multifamily zones. Staff also has a recommended condition that will be presented during the proposed rezoning presentation. Finally, there are several goals within the Comprehensive Plan writ large, not the District Plan, that the proposed amendment would meet such as goals like ensuring that infill development is compatible and complimentary to the surrounding neighborhood, identifying and supporting infill development and redevelopment opportunities where services and infrastructure is already in place, and also promoting housing design and features that allow people to age in place. Therefore, based on this analysis staff does believe that it's consistent with the Comprehensive Plan. Staff recommends approval of CPA23-0001, a proposed amendment to change the future land use designations of approximately 0.78 acres of property located at 1201 W. Benton Street from 2-8 dwelling units per acre to 8-16 dwelling units per acre in the Comprehensive Plan and from Single-Family/Duplex Residential to Low Density Multi -Family Residential in the Southwest District Plan. Lehmann noted staff did receive some correspondence which was included in the agenda packet, most of the correspondence has been in support of the amendment but staff did receive a late correspondence that was opposed and that was distributed to the Commissioners at the start of this meeting. In terms of next steps, upon recommendation from the Planning and Zoning Commission a public hearing would be scheduled with City Council for both the Comprehensive Plan Amendment and the rezoning. Staff would expect Council to set a public hearing for both items at their December 12 meeting with that hearing being held on January 2. The Comprehensive Plan Amendment only requires one meeting so that could be adopted by Council at the January 2 meeting, the rezoning requires three considerations, the first being at the January 2 meeting and the final consideration potentially being held at the earliest on February 6. Hensch asked Lehmann to define what a future land use map is and how it is used by the City. Lehmann explained a future land use map provides a general idea of what types of uses might be appropriate for various pieces of land in the future, looking forward in the next 20 to 40 years. It is intended as guidance; it is not law like a zoning code. The zoning code identifies specific pieces of property and states what can be used where, the future land use map is based more on the aspirations of the community and the goals that the City is trying to reach. It then tries to provide an example of how that may be reached accordingly. Again, it's an aspirational document that provides guidance as those legal frameworks such as zoning or subdivisions are considered. Craig has a question about parking, a residential unit that has 12 living spaces, what would be the parking required. Lehmann replied that would depend on the zone and the uses, and in the case of multifamily the number of bedrooms. For a multifamily zone that's zoned RM -12 it would Planning and Zoning Commission December 6, 2023 Page 5 of 17 be one to two spaces per unit, but for assisted group living it's based on other factors that include staff on site and then 1/3 of the occupants of the site. Lehmann noted generally those things are covered by the zoning code and is not something that is typically considered at the stage of a Comprehensive Plan Amendment. Craig noted just thinking in the bigger picture five spaces isn't very much considering that there's no parking on Benton Street. Perhaps the residents are unlikely to have their own vehicles and be driving, but there are staff and visitors and if three kids come to see their mom three of the five spaces are taken up and there's no place else to park. Also, if down the road Oaknoll decides they don't like this facility and they abandon it, what's it going to become, she is just trying to think of the big picture and long term here and has a couple of concerns. Quellhorst noted that under the proposed zoning classification careful attention must be paid to the site and building design, how is that enforced by the City. Lehmann stated as part of a Comprehensive Plan Amendment it's not really part of that consideration, what they're looking at is the long-term use of the land and what uses might be appropriate there. Site and building design typically are addressed in conditions within a rezoning. For example, if a conditional zoning agreement is adopted, that's a legally enforceable way that to enforce careful site design. Hawks Ridge used their planned development overlay plan to address that but a lot of times it is in conditional zoning agreements. The City also has the zoning code designed to try and make sure that those sorts of factors are considered, looking at things like multifamily site development standards which include making sure that an entrance faces the streets, making sure that parking is screened from public right-of-way and not between the building and the street, trying to think about the bulk and the layout of the building, and those sorts of things. Parking is also considered and enforced within the zoning code. Quellhorst asked if there are any conditions associated with the proposed zoning code amendment. Lehmann confirmed there are, such as substantial compliance with the footprint of the building, built to scale and other general components compliant with the development concept. Wade asked if this Amendment is triggered based on a request from the property owner. He noted looking at the properties further to the east it goes from high density then to single family and now this will pop up as low density multifamily which creates a little bit of a gap versus strictly transitioning. Lehmann explained sometimes Comprehensive Plan Amendments can be City initiated, such as with the South District form -based code, however property owners can initiate amendments if they think the future use of their property might be more appropriate to be X, Y or Z based on factors within the Comprehensive Plan. Lehmann noted sometimes a Comprehensive Plan Amendment isn't needed to change the zoning because there is flexibility implanted into the way that the Comprehensive Plan is an aspirational document and provides guidance. Within the Comprehensive Plan it specifically notes that the corners of arterials they should also consider higher density or higher intensity uses and it might be appropriate for commercial or multifamily without requiring a Comprehensive Plan Amendment. In this case, there's specific guidance in the Southwest District Plan and therefore staff felt that Comprehensive Plan Amendment was appropriate for this subject property. Planning and Zoning Commission December 6, 2023 Page 6 of 17 Wade asked with a multifamily low density pairing up to single family does that change the setback requirements or will that be discussed in the rezoning request. Lehmann replied it would not affect the setbacks other than within the zoning code the low density multifamily zone has standards about if it's going to be more than two stories then it has to be set back a certain distance from adjacent properties. The zoning code also has standards about not having balconies facing adjacent properties if within a certain distance, so there are standards that are influenced by having lower density zones next to multifamily. Regarding setbacks specifically, the zoning would honor the RM -12 setback requirements which is 10 feet for side setbacks instead of 5 feet for RS -5. Wade asked about the process and what the Commission is voting on. Hensch explained first the Commission will vote on the right to change the land use map, and then go onto the rezoning and vote on that item. Lehmann noted however, for the rezoning to be approved, it must be consistent with the Comprehensive Plan so the Comprehensive Plan Amendment would have to be approved for the zoning to be approved. Hensch opened the public hearing. Brian Belk (Axiom Consultants) is here representing the applicant and noted this Comprehensive Plan Amendment is a little interesting because it is tied into the rezoning. Regarding those items such as the architectural style, the building, the bulk, the size and everything else, some of the slides in the rezoning presentation will answer those questions. However, Belk did touch on a couple of things such as this has been a very thought-out process since Oaknoll acquired that parcel in terms of what can fit in this area, knowing there is single-family residential around it and also serve the needs of the community. Oaknoll needs a nursing facility but wants it to look just like a really large single family residential single level type of home facility and that architecture really fits that well in terms of the site. Similarly, they have thought out centralizing the building so that they have the most setbacks and buffer around it from all sides, specifically east/west and south where there are other residential homes, but also fitting in with the existing trees and tree lines to save as many trees as possible that are currently on the parcel, again to act as additional buffer. The driveway is already existing and following the same alignment in terms of facing Benton Street so not a lot of change there. Belk noted they would get into additional details on parking once they get to that site plan process, obviously the concept that was part of the Comprehensive Plan Amendment is simply a concept, but they do understand that there would be certainly a lot less need for parking then seen in a typical multifamily because this is more of a nursing type facility. Parking has been discussed in terms of number employees and things like that. Belk also wanted to note that they've really looked in depth at the topography of this site, as well in terms of the drive and the spacing so that the building itself doesn't stick out at all. Kim Bergen -Jackson (Administrator, Oaknoll) is a nurse by training and wanted to speak about the vision of what this small house would look like. Right now they themselves in a position where Oaknoll needs to grow as their independent living numbers grow, their assisted living and health care facility numbers need to grow as well. However, they don't want to build a regular old nursing home, they want to do something innovative and creative and more home -like. This example of a small house would bring just what they need for the 12 people that would be living Planning and Zoning Commission December 6, 2023 Page 7 of 17 there. They would not be driving, they would be at a nursing facility level of care and would be assisted completely dependent on staff but living in a home -like environment. Part of the reason that the small house movement makes sense right now is that as they experienced COVID as a nation one of the things they learned is that they need independent rooms, private rooms, and small group settings, small bubbles, to create a better infection prevention plan. Oaknoll was very fortunate during the pandemic because it had different areas for people to be in, and lots of private rooms. People don't want to live in long corridors and models of nursing homes that were created after the hospital model. They have been moving more and more towards a home -like environment and so this project is exciting to be able to build a house with 12 bedrooms for people to live with a large open concept dining so they can see the food being prepared, they can weigh in on the menus and the grocery list and they can help participate in household tasks. It's very normalizing as people age to have things to do around their homes. Bergen -Jackson also hopes there'll be a dog there sometime, or at least a cat, to make it feel like home. The staff will have access to park at the house and if there's an excess, the staff have access to park at Oaknoll across the street. The lot is perfect as it is right across the street from the main campus, it has all the trees and will feel like a neighborhood for people. She can see lots of Sunday suppers sitting around a big kitchen table and that really is the intention behind this, to just provide a more home -like environment for the residents that they serve, that's what they're starting to ask for and that's their responsibility to provide that for them. Hensch asked if this will this be licensed as a skilled nursing facility. Bergen -Jackson confirmed it would be and therefore none of the residents will be driving. Hensch asked if parking for staff would be across the street on the north side. Bergen -Jackson replied that depends, at night staff will park at the house, there's a one car garage and they could park in the garage or they could park in one of the other accessible stalls. However, in the daytime the staff are probably going to park on the Oaknoll property and come across the street. Bergen -Jackson added they will also have space out in front of the house in case they need a driver for transportation for medical appointments or on the off chance they need an ambulance. Craig noted parking is a concern of hers, she assumes these people will have visitors. Another concern is Benton Street and people having to cross Benton Street. Her understanding of the Oaknoll model, and one of the beauties of it, is that if someone has a partner and they both move to Oaknoll in very decent health and then one needs a higher level of care, they can move into that but the other partner is still close by and can visit that person, sometimes multiple times a day. Her concern is that in good health, but older, person is going to have to cross Benton Street to see their loved one in this new house, it's difficult for her to see how that's going to work. Bergen -Jackson acknowledged her concerns and concurred they've had concerns about Benton Street for a long time but does think that they'll be able to manage that. Yes, people will visit, she hopes lots of people and all of the kids will visit, and they'll accommodate as best they can. Bergen -Jackson noted if it's not working with the parking spaces that they have, they'll figure out a bus to go back and forth across the street if it's too hard to get people across the street. It is however directly across the street from George Street. She added originally the model was all under one roof but they have figured out over time with their east expansion campus and their apartment condos at One University Place that they don't really need to be under one roof to still Planning and Zoning Commission December 6, 2023 Page 8 of 17 provide the additional services across the board. They have people driving every day to visit loved ones now and that seems to work. Craig noted not too long ago this Commission had a proposal to add a similar kind of care units at the eastside Oaknoll, is this similar to that. Bergen -Jackson explained that the east Oaknoll campus is strictly independent living right now. It would be nice if they had assisted living to add to that campus and that is still part of their long-term plans. Steve Roe (CEO, Oaknoll) has been employed and serving the residents of Oaknoll for 24 years. They are excited about this option and when the property became available it came from the grandchildren of somebody who Oaknoll cared for about 20 years ago and when their mother passed away unexpectedly, they inherited the property and didn't have a need for it so reached out to Oaknoll who jumped at the opportunity because of its proximity to the main campus. Then as they started to explore options for this property, knowing the need for nursing care that they have, they really wanted to explore the small house model of nursing and believe that this would be an ideal situation. Yes, it would be nice if Benton Street didn't exist between the main campus and this property, but it does and they will deal with that. As Bergen -Jackson mentioned one of the options for dealing with that may be to transport somebody to the other side of Benton Street and delivering them to safely to the property at 1201 West Benton. Roe stated regarding the question about Oaknoll East's assisted living, they did work through that process and received a rezoning approval for that potential project. They have not started anything there yet, primarily because it's just so expensive and the construction cost for that particular location relative to the revenue that will be generated from a 16 unit assisted living, they have just not been able to find a way to justify financially how to move forward with that. Therefore, this is an alternative potentially that will help with managing the care of the residents they have. Hensch asked if the engineers ever talked to the City about traffic calming measures on Benton Street because that's a really busy street with a lot of speed and maybe there needs to be some controlled pedestrian crossing there at George Street or something. Roe agreed that might be a first step. Jack Topp (OPN Architects) stated they are very excited about this project and have been talking and discussing about all the options. Oaknoll has been looking at other options around town to try and see if they could expand even beyond the east campus, to see about their services and being able to service their residents that they have now. This design of the facility on 1201 Benton Steet is one story, it's not intended to be multi -story, so it has a very small presence on the site. Also, the vegetation has been looked at quite intensively around the site to try and keep the as much of the existing vegetation as possible, there's some old trees and shrubs and bushes that are quite nice to keep and they'd like to make sure that they can achieve that. Topp also stated that this particular model of housing and care is only requiring two full time staff so there aren't multiple people going back and forth between the existing facilities and this facility, there would be two full time staff that would be monitoring and taking care of the folks at this home. Planning and Zoning Commission December 6, 2023 Page 9 of 17 Hensch asked what the maximum height for this facility would be. Topp replied they are looking at 15 feet and if it was single family residential the height of a typical home would have the pitch of the roof at 15 or 20 feet. Hensch asked what's the square footage of this building and the lot. Topp stated the gross square footage is 8720 which will cover about 26% of the lot. Jordan Conrad (905 Weeber Street) lives right around the corner from this proposed property and is opposed to the rezoning of this property. The neighborhood is a residential neighborhood, and he believes that changing the zoning in this particular property would lead to future development beyond residential use. Conrad believes this is just the first step in an area that is already marked by high density apartment complexes and the facility at Oaknoll. This would further that development beyond residential use. Conrad has a few other issues with changing the zoning, and then the building specifically. Like Commissioner Craig had mentioned, parking, this is an 8000 plus square foot property and three quarters of an acre, it will take up a rather large footprint on that property. Parking in that area has always been a problem, Oaknoll regularly has events and their parking is not sufficient and the people that show up to those events spill over onto George Street even though there's very clear no parking anytime signs. Guests to Oaknoll regularly park on Weeber Street, way down into Weeber Street, and backup the opposing hillside even though there's no parking signs there Monday through Friday, nine to five, and it creates a significant traffic problem in their residential neighborhood. On top of that, Benton is a very dangerous street, especially where that house is located, even after the resurfacing project that they just completed weeks ago. People are flying through there at 45 miles per hour fairly regularly and it's a problem. He crosses that road twice a day to go to work and adding even more density on that property is going to create additional problems. One of the criteria was that circumstances had to change and he is happy that Iowa City has a very diverse population and that a healthy number of older adults in the community, but he doesn't think that it's necessary to put them in that location, they have an east campus and they can build this same facility over there. They can build out on Rohret Road or on the west side where there's current development going on. Adding and expanding their campus into a residential neighborhood is a really bad idea and Conrad strongly opposes this plan. Kate Maosamen-Conrad (905 Weeber Street) just wanted to add that the way she found out about this project was actually through a neighbor that lives at the top of the hill, at the corner of Weeber and Benton Streets. Oaknoll has approached him for a very long time and continues to approach him to purchase his house. The person who talked to their neighbor has a list of other addresses and the person who came to talk to him told him that the idea behind this is to acquire each of these properties one at a time so that they can put a more massive facility on that property. Obviously, she didn't talk to the person herself so this is hearsay, but she does know there was a paper that they tried to get people to sign on to saying that they agree Oaknoll is a good neighbor and they want this this facility in their neighborhood. Looking at that list that she has actually has and having this conversation with her neighbor, there's more in plan here than just this single facility and while she has concerns at the outset about a single facility for all the reasons listed, including lines of cars on George Street with little signs that say event parking, an even bigger concern is to get the foot in the door here and eventually Oaknoll extends and takes over a huge portion of the neighborhood. Magsamen-Conrad would prefer to exist in this low- Planning and Zoning Commission December 6, 2023 Page 10 of 17 density neighborhood that they have currently. She thinks that the facility itself is a fantastic idea she just would like to see it built in zones that are already accommodating that kind of structure. Steve Roe (CEO, Oaknoll) feels a need to reply to the to the last comment as that was hearsay and categorically untrue. They have not approached any property owners along that street, they invited people to a meeting to tell them what they would like to do but have not extended any offers to anyone, nor do they have any plans to do that. The gentleman in question, Roe did meet with him personally and got the impression that he was interested in selling to Oaknoll at some point, but it was not something that Roe initiated. Hensch closed the public hearing. Craig moved to recommend approval of CPA23-0001, a proposed amendment to change the future land use designations of approximately 0.78 acres of property located at 1201 W. Benton Street from 2-8 dwelling units per acre to 8-16 dwelling units per acre in the Comprehensive Plan and from Single-Family/Duplex Residential to Low Density Multi - Family Residential in the Southwest District Plan. Townsend seconded the motion. Craig noted from the comments she's made people can see she is very conflicted here but thinks there are good reasons both ways. Her biggest concerns are the traffic on Benton Street, she does think Oaknoll has the resources to do what they said and accommodate people at Oaknoll who need to get to the other side of the street. She also thinks traffic calming on Benton Street would be a good idea. Unfortunately, there just have been times when people come and ask for rezoning based on a proposal of something and then the Commission finds out a year later for good reasons that the project has changed significantly, so there is some caution. She is in favor of this particular project and would reluctantly support it with cautions but is concerned that if it doesn't come to fruition that they have changed the Comprehensive Plan, and possibly the rezoning, and something that she wouldn't be a favor of is going to go in there. But they can only vote on what is in front of them at this point and time. Townsend asked if the unit itself takes up a very small portion of the land, about a fourth, so why isn't there more parking built into that project. Hekteon stated she would caution them from away from considering the specific plan, this is about changing the land use map from two to eight dwelling units to eight to 16 dwelling units. Townsend noted then there could possibly be 16 units built in that same space if this is approved. Hekteon stated they could impose conditions on any rezoning, this is a two-step process, the Comprehensive Plan is more conceptual and should be a guide for any user of this property or any rezoning application for this property. Townsend asked if at this point they are only talking about one unit, why are they rezoning for a possible 16 units. Hekteon noted again, this is the Comprehensive Plan and it would allow for a greater range of zoning designations for this property, that's the question that they're being asked to decide at this stage. Hensch has really strong feelings and has been very consistent about this over time that any development for older adult living in Iowa City in particular is a good thing and they need more of Planning and Zoning Commission December 6, 2023 Page 11 of 17 it. He might have been the only person on the Commission at the time but if people remember the rezoning for Grand Living, when they came in the Grand Living at Bridgewater, which is now built in North Coralville, that beautiful structure was going to go in that open area by St. Andrew Presbyterian Church but all the neighbors, in Walnut Ridge in particular, came to complain and now they don't have that beautiful senior facility in Iowa City. He feels like this is something he really strongly supports, it is of course just the map, they can cover the minutiae of the rezoning and particular concerns can be covered as conditions under the rezoning, but just as the concept he fully enthusiastically supports this. Quellhorst stated he would support this amendment and thinks it's an important cause. He also thinks it's in a reasonable place for our employer of zoning, particularly given the other large structures on Benton Street, and this is an arterial street. However, he does think that at some point, whether in this proposed amendment or in a broader revisitation of the District Plan, it'd be helpful to clarify the extent of the development that the City is willing to permit in this area, to provide some comfort and predictability for the people that live there, particularly west of George Street. The whole purpose of the Comprehensive Plan, and the District Plan, is to give people notice of what's going to happen in their neighborhoods and where they live. When the City is doing this in sort of piecemeal fashion, and bringing a change to the Comprehensive Plan, along with a change the zoning code, he doesn't think people get quite the degree of advance notice that might be ideal. Therefore, he will support this request here today, but will be reluctant to support similar requests in the future. Wade agreed he will also vote in favor of it, he understands the neighbors' concerns but because he sees as a transition area from the east to this location this does provide a transitory area from single family residential to a higher density location. A vote was taken and the motion was approved 5-0 (Elliott recused). CASE NO. REZ23-0008 Location: 1201 W. Benton Street An application for a rezoning of approximately 0.78 acres of land from Low Density Single Family Residential (RS -5) zone to Low Density Multi -Family Residential (RM -12) zone. Conley began the staff report noting this rezoning is in tandem with the Comprehensive Plan Amendment CPA -0001 that was just approved. There is an existing single-family home on the parcel at the moment and across the street is Oaknoll's main campus. The subject property is bordered by single family homes with RS -5 zoning to the east, west and south and RM -12 residential multifamily high density with an overlay across the street to the north. The proposed zoning for the subject property is RM -12, which is the low density multifamily residential zone. The RM -12 zone is created to provide a diverse variety of housing options in neighborhoods throughout the City. This zone particularly allows multifamily assisted group living, community service, general educational facilities and others, whether that be through permission, provisional use or special exception. Additionally, compliance with the multifamily site development standards in 14-2B-6 of the Iowa City Zoning Code would apply to any development going into the RM -12 zone. The maximum density listed in multifamily has a maximum of 12 units allowed Planning and Zoning Commission December 6, 2023 Page 12 of 17 in this particular zone. Additionally, assisted group living facility would have a maximum of 45 roomers, and that calculation comes from the provisional use section in the Code, there is also a maximum height of 35 feet. Additionally, like previously mentioned there are some requirements depending on how close the proposed structure is to an existing single-family structure, if it is 15 feet there would be a maximum limit of two and a half stories for that proposed structure. Conley next showed the development concept provided by the applicant, the footprint site plan concept for the proposed assisted group living facility. It would house 12 residents in 12 units. The square footage of the building would be 8720 square feet and covers approximately 26% of the lot. There are five parking spaces with the access to West Benton Street. Conley also showed a 3d model of how the structure would look on the property. Regarding the general development approval criteria for a rezoning, it must be consistent with the Comprehensive Plan and be compatible with the existing neighborhood. The future land use map will be updated due to the Comprehensive Plan Amendment going from two to eight dwelling units to eight to 16 dwelling units per acre. Additionally, the Southwest District Plan will be updated as well going from single-family duplex residential to low-density multifamily. In the Comprehensive Plan there are three parts that support this type of proposed development and rezoning, first is to ensure that infill development is compatible and complimentary to the surrounding neighborhood, second to identify and support infill development and redevelopment opportunities in areas where services and infrastructure are already in place, and finally to promote housing design and features that allow people to age in place such as universal design. Additionally, Conley noted Benton Street is an arterial street corridor with access to City services. She stated this plan does encourage high quality multifamily housing compatible with the surrounding development in order to meet the needs of a variety of households. In addition to the Comprehensive Plan this property is also in the Southwest District Plan, and there are some concerns in that plan, one being high density multifamily zoning is excessive for the area. Number two, transition is lacking between low density single-family and high-density multifamily zones. Third is building bulk and scale, parking lot size, bright lights and noise adjacent to single family homes. There are some recommended actions stated in the Southwest District Plan to help combat this, such as avoid concentrations of high density multifamily zoning directly adjacent to low density single family zones, facilitate downzoning multifamily property where appropriate and apply the multifamily residential design standards contained in Section 14 -5H - 5N of the City Code to the Roosevelt Subarea. Staff is recommending a condition that there should be general compliance with the footprint and scale of the concept plan to ensure compatibility with the existing neighborhood development pattern. Additionally, to talk about the compatibility with existing neighborhood, staff noted that this is seen as an extension of Oaknoll's main campus which exists to the north and is bordered by single family homes to the east, west and south. This condition includes development concept notes, such as it being 8720 square feet, a one-story structure, and can only house 12 residents. The recommended condition that staff has created would help to ensure compliance with the existing neighborhood uses because regulating that building bulk and scale would be one of the ways to ensure that this development meets the existing neighborhood development pattern. Staff recommends approval of REZ23-0008, a proposed rezoning to change 0.78 acres of the Planning and Zoning Commission December 6, 2023 Page 13 of 17 property located at 1201 W. Benton Street from RS -5 to RM -12 zone subject to the following condition: • General compliance with the footprint and scale of the concept plan to ensure compatibility with the existing neighborhood development pattern. Hensch asked about the condition of general compliance of the footprint and scale of the concept plan, one concern is that if this is rezoned to RM -12 and Oaknoll, for some reason, decides they can't proceed with the plan can someone decide to just build some apartments there. Stating general compliance to the footprint and scale of the building does that mean that if it's 10% deviation from that or 50% deviation, then it the rezoning is no longer valid. Conley stated it means that they aim for the concept to comply with what is found in the Code regarding multifamily development standards, specifically the building bulk and scale and making sure that whatever development does come in would comply and be compatible with the existing character of the neighborhood. Russett added staff really focuses on bulk and scale for the condition to ensure that they wouldn't allow a large block scale apartment building. Through the condition, they are not restricting uses nor restricting number of units but are trying to say is that the project must fit within approximately 8700 square feet and a one-story building. There may be some flexibility such as if they propose a one and a half story building staff would have to look at that and see if it is generally in compliance, maybe it's not 8700 square feet, maybe it's 8800, so there is some flexibility but general compliance. The project needs to meet the intent of the condition that it's going to fit in terms of bulk and scale with the existing neighbors. Hensch noted the architects said that this facility will be about 15 feet tall so they would be limited to something essentially 15 to 20 feet and if they wanted to change it for some reason, they're not going to get the 35 feet. Russett stated if the Commission wants to put a cap on that, they could add specificity to the condition. Russett noted conditions can go either way, it provides specificity, but it also it can act as a constraint, especially if something changes in the future. As long as staff can ensure that the condition proposed is to meet a public need caused by the rezoning and it can be supported staff would be supportive of adding specificity. Hensch believes it does need to be more specific because the whole thing about character in a neighborhood, if they put a 35 -foot building there, versus a 15 -foot building, it will not be consistent with single family residential dwelling, a 35 -foot building would be out of character. Russett noted the RS -5 zone has a maximum height of 35 feet as well so this zone doesn't allow a higher building than as it's currently zoned. Quellhorst noted they all share a general sentiment that this project appears to be tasteful and well done but there are concerns that they don't want to deviate too far from it. With that in mind what conditions would staff recommend to not cause too many problems for future owners or conveyances but at the same time assure that they're sticking relatively clear way to what's been proposed here today. Russett stated staff believes with their recommended condition of general compliance in terms of bulk and scale, which is talking about the height and the footprint, will assure compliance. If the Commission wants to limit it to a certain number of stories, that's Planning and Zoning Commission December 6, 2023 Page 14 of 17 something that could be considered, there were also discussions regarding landscaping and tree preservation that is not included in the staff condition, so that might be something to require for the future. Hensch stated they have done that in the past and in other times they've had the City Forester sign off on the landscaping plan. He feels that seems reasonable to do again as a condition for this. Craig stated she would like to see a compliance related to the height; in this neighborhood it should not be more than one story. Hensch noted the current zoning height allowed is 35 feet, so currently somebody could build a 35 -foot building right there without getting a rezoning. Russett noted the difference is that at the current zoning it only allows single family and duplex uses and at 35 feet is more likely with RM -12, but there could be a two-story duplex or a three- story duplex. Wade noted oftentimes with a new regular residential multi -unit building, it has some kind of fee in lieu or affordable type unit requirement, what has affordability requirements versus what does not. Russett replied the affordability requirements are in Riverfront Crossings, there is no affordability requirement here. Hensch stated since they're talking about conditions, he is interested in the condition of the landscaping plan and having that signed off by the City Forester because it makes sense to try to maintain as many trees as possible to stay with the character of the neighborhood. His other concern is given how busy Benton Street is, five parking spaces does seem a little light, and perhaps a condition regarding if there's room for additional parking spaces to be constructed, could they add them. They're expecting people to walk across Benton Street and there's not any pedestrian crossings there. Could they add a condition about the engineer working with the City about making a designated pedestrian crossing, because the whole neighborhood needs it. It seems pretty reasonable for the safety of the visitors, guests, employees, and then just for the neighborhood that it needs to be investigated to have a designated pedestrian crossing area that the City has signed off on for the safety of everybody. Hekteon stated they could pass on that request to the City traffic planners. Craig is confident staff will pass along traffic concerns to the appropriate City officials. Hekteon stated if they wanted more feedback from staff they can ask but she would hesitate to recommend imposing it as a condition of the rezoning without further information from staff. Hensch noted they can ask the applicant's engineer about this. Russett added alternatively, if it's something the Commission wants to investigate with City staff they could defer. Craig stated she is comfortable to do City staff will do the right thing here. Hensch opened the public hearing. Brian Boelk (Axiom Consultants) stated with regards to engineering they are certainly happy to work with City staff, Public Works, Engineering Traffic, both in terms of the discussion, certainly Planning and Zoning Commission December 6, 2023 Page 15 of 17 with Benton Street as a whole, but as well as crossings along Benton Street there as well. Oaknoll will not have any issues with that, it's certainly in their best interest for safety as well as Oaknoll is a major employer and needs to be investigated if they're asking staff to cross the street to go to work. In regard to the parking, Belk doesn't think Oaknoll will have any objection to adding more parking there either. This is just a concept drawing, this isn't the site plan that would really get into the depths of all that and in terms of on the concept plan, parking was somewhat limited based on anticipated use with the history of what skilled nursing facilities require and need based on what they've seen over the many years, as well as just trying to limit the amount of impervious area and impact to the property as a whole in terms of a footprint. However, if looking at some additional parking is required, they're not against that, they could move the house a little bit forward and get some additional parking in there. He did note they do have another handicap stall there as well as a space that could be in front of the garage so really there's more like seven parking spaces shown on that concept versus five. Hensch stated it's the sense of the Commission that they're a little light on parking, and also listening to the other people who spoke at the public hearing parking is already an issue around there during times, so they don't want to add to that. Belk reiterated they can definitely look into additional concepts, again they will have to go through the code process with the site plan to make sure they're first meeting the Code, and then can go from there. Hensch asked if they are going to do a landscape plan with concept. Belk replied they will, that would always go with the site plan process and again, certainly the desire that was really pointed out by Oaknoll and directed to them was to position the house there to keep as many of those beautiful trees as they can. Additional landscaping will be based on the site plan and the zoning. Jordan Conrad (905 Weeber Street) stated he still objects to this rezoning and if they are talking about adding more parking spaces that is going to change the feel and start to look like a commercial zone and not a residential neighborhood. He adamantly is opposed to this plan, it's changing the neighborhood and he is rather disappointed that nobody else seems to be concerned about that. Hensch closed the public hearing. Townsend moved to recommend approval of REZ23-0008, a proposed rezoning to change 0.78 acres of the property located at 1201 W. Benton Street from RS -5 to RM -12 zone subject to the following condition: • General compliance with the footprint and scale of the concept plan to ensure compatibility with the existing neighborhood development pattern. Wade seconded the motion. Craig asked to amend the motion to include in the conditions that structure may not exceed one story and City approval is required for a landscaping plan that preserves as much existing mature landscaping as possible. Planning and Zoning Commission December 6, 2023 Page 16 of 17 Townsend agreed to amend her motion, all members of the Commission seconded the amendment. A vote was taken and the motion passed 5-0. CONSIDERATION OF MEETING MINUTES: NOVEMBER 15,2023: Craig moved to approve the meeting minutes from November 15, 2023. Townsend seconded the motion, a vote was taken and the motion passed 5-0. PLANNING AND ZONING INFORMATION: Russett gave a couple updates; first City Council did adopt the two zoning code amendments that the Commission had seen recently regarding all of the housing code amendments including the accessory dwelling unit amendments which were passed with the Commission's recommendation to maintain the owner occupancy requirement. Second, Tuesday night the Council will to discuss the RNS-12 maximum height reduction from 35 feet to 27 feet. Townsend noted every time she drives up Kimball Road where they knocked down that house there's been a crane there for the past three or four months just sitting there and it just looked like it was sitting on a slope. What are they building there. Russett will check on a building permit and get back to her. ADJOURNMENT: Townsend moved to adjourn, Quellhorst seconded and the motion passed 5-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2023-2024 KEY: X = Present O = Absent O/E = Absent/Excused = Not a Member 12/7 12/21 1/4 1/18 2/15 3/1 4/5 4/19 6/21 7/5 7/19 8/2 8/16 10/4 10/18 111158 12/6 CRAIG, SUSAN O/E X X X X X X X X X X X X X X X X ELLIOTT, MAGGIE X X X X X X X X X X X X X X X X X HENSCH, MIKE X X X X X X X X X O/E X X X X X X X PADRON, MARIA X X X X X X X X X X O/E X X X X X O/E QUELLHORST, SCOTT -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X X SIGNS, MARK X XX X O/E O/E X -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- TOWNSEND, BILLIE X O/E X O/E X X X X X X X O/E X X X X X WADE, CHAD X X X O/E I X I X I X I I X I X I X I X X X X X X KEY: X = Present O = Absent O/E = Absent/Excused = Not a Member t � i wIr®�ra� City Council Supplemental Meeting Packet CITY OF IOWA CITY January 2, 2024 Information submitted between distribution of the packet on Thursday and 3:00 pm on Tuesday. Late Ha ut(s): 10.a. Comprehensive Plan Amendment - Southwest District - See additional Correspondence to P&Z from Kathy & George Sadewasser 10.b. Rezoning - 1201 W. Benton St. - See additional Correspondence to P&Z from Kathy & George Sadewasser 11.c. Palestine and Israel Ceasefire - See Council correspondence from Barbara Zilles and Mika Jayne Covington, Co -Chair Iowa City Democratic Socialists of America (DSA), Karen Michaeli 12.a. Housing & Community Development Commission - See revised cover sheet and application from Horacio B Borgen IP. Email from USG Liaison Noah FeFevre: USG Town Hall Plans January 2, 2024 City of Iowa City Item Number: 10.a. CITY OF OF IOWA CITY �fil COUNCIL ACTION REPORT January 2, 2024 Comprehensive Plan Amendment - Southwest District - See additional Correspondence to P&Z from Kathy & George Sadewasser Attachments: 10.a Correspondence *Ink Late Handouts Distributed Kirk Lehmann From: Anne Russett 1 _ 2 _ �r Sent: Wednesday, December 6, 2023 4:05 PM (Date To: Billie Townsend; Chad Wade; Maggie Elliott; Maria Padron; Michael Hensch; Scott Quellhorst; Susan Craig Cc: Madison Conley; Danielle Sitzman; Kirk Lehmann; Sara Greenwood Hektoen Subject: FW: Rezoning request for 1201 W Benton Street REZ23-0008 & CPA23-0001 Commissioners — Please see the correspondence below related to the comprehensive plan amendment and rezoning on your agenda tonight. Hard copies will be provided at the meeting. Thanks, Anne From: Kathy Sadewasser <ksade@mchsi.com> Sent: Wednesday, December 6, 2023 3:58 PM To: Anne Russett <ARussett@iowa-city.org> Subject: FW: Rezoning request for 1201 W Benton Street REZ23-0008 & CPA23-0001 A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Sent from Mail for Windows From: Kathy Sadewasser Sent: Wednesday, December 6, 2023 3:55 PM To: mconelv@iowa-city.org Subject: Rezoning request for 1201 W Benton Street REZ23-0008 & CPA23-0001 Please share with the Planning and Zoning Commission. December 6, 2023 To: City of Iowa City Planning and Zoning Commission Re: CPA23-0001 & REZ23-0008 Parcel: 016272001 We the property owners of 824 Talwrn Court, Iowa City, IA, do not support the rezoning request and the Comprehensive Plan amendment submitted by Oaknoll (Christian Retirement Services, Inc.) for their property at 1201 W. Benton Street. Our property shares a property line to the south of 1201 W. Benton Street. We have the same concerns about rezoning from RS -5 (single family) to RM -12 (LD Multi -family) for this property as stated in the 12/6/2012 Staff Report (Item: REZ23-0009). The Southwest District plan notes that the amount of land zoned high-density multi -family is excessive already, inappropriate transition between low and high density zones exists, plus the light and noise pollution all of which will be added by introducing a single lot zoned RM -12 lot with an 8/720 sq. ft. structure into a RS -5 (single-family) zone. We really question the statement that the footprint and scale and concept of a proposed replacement of a small single family home with a 8,720 sq ft building is "compatible" with the existing character of the surrounding neighborhood residences. This proposed rezoning will set a bad precedent for our neighborhood Kathy & George Sadewasser Prepared by: Kirk Lehmann, Associate Planner, 410 E. Washington St, Iowa City, IA; 319-356-5230 (CPA23-0001) Resolution No. 24-08 Resolution to amend the Comprehensive Plan and Southwest District Plan to allow assisted group living uses for the property located at 1201 W. Benton Street (CPA23-0001) Whereas, the Iowa City Comprehensive Plan serves as a land -use and planning policy guide by illustrating and describing the location and configuration of appropriate land uses throughout the City; by providing notification to the public regarding intended uses of land; and by illustrating the long-range growth area limit for the City; and Whereas, Christian Retirement Services Inc. (also known as Oaknoll Retirement Residence) has requested that the future land use designation for the property located at 1201 W. Benton Street be changed from Residential 2-8 Dwelling Units Per Acre to Residential 8-16 Dwelling Units Per Acre in the Comprehensive Plan, as shown in Attachment 1; and Whereas, Christian Retirement Services Inc. has requested that the future land use designation for the property located at 1201 W. Benton Street be changed from Single- Family/Duplex Residential to Low Density Multi -Family Residential in the Southwest District Plan, as shown in Attachment 2; and Whereas, if circumstances change and/or additional information or factors come to light, a change to the Comprehensive Plan may be in the public interest; and Whereas, circumstances have changed since the Southwest District Plan was adopted in 2002 (Resolution No. 02-346), including the near doubling of the population aged 65 years and older and the expectation that this age group will continue to grow faster than the general population, such that identifying additional land to allow assisted group living uses is in the public interest; and Whereas, the proposed amendment is compatible with other policies and provisions of the Comprehensive Plan, including policies that support infill redevelopment opportunities in areas where services and infrastructure are already in place and promote housing design and features that allow people to age in place, such as universal design; and Whereas, the Southwest District Plan encourages the development of high quality multi- family housing in areas with good access to urban services, like the Benton Street arterial corridor, and encourages households of all types to live close to the University and downtown, including elderly populations; Whereas, the Planning and Zoning Commission reviewed this proposed amendment at its meeting on December 6, 2023 and determined that circumstances changed to the extent that an amendment to the Comprehensive Plan is warranted and in the public interest and the proposed amendment is compatible with other policies or provisions of the Comprehensive Plan. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Comprehensive Plan future land use designation for approximately 0.78 acres of property located at 1201 W. Benton Street is amended from Residential 2-8 Dwelling Units per Acre to Residential 8-16 Dwelling Units per Acre, as illustrated and described in Attachment 1, attached hereto; and 2. The Southwest District Plan, a component of the Comprehensive Plan, future land use designation for approximately 0.78 acres of property located at 1201 W. Benton Street is Resolution No. 24-08 Page 2 amended from Single-Family/Duplex Residential to Low Density Multi -Family Residential, as illustrated and described in Attachment 2, attached hereto. Passed and approved this 2nd day of January , 2024. kayolr: Attest: l) City derk City Attorn 's Office (Sara Hektoen - 12/28/2023) Resolution No. 24-08 Page 3 It was moved by Alter and seconded by Bergus the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Alter x Bergus x Dunn X— Harmsen x Moe x Salih x Teague Attachment 1 i 9 _ J t i`./ nom\.'_ \ _�I � ■� - 9 r IIjq I9 _. `s5.i 9 _ r _ RF�a _ a F s I +l' mm o 1J i - I , I -Ir _ Rural Residential + I I - + Conservation Design 2.8 DU/A Intensive Commercial - - - 8-16 DU/A Office Commercial _ 16-24 DU/A Geneva] Convncreial M 2e+uwA 0 Office Research Devd.Center Future Land Use, Iowa City ® Mired Use General ndustrial Based on Planning Districts - Neighborhood Center Pmblo/Semi-Public General Commercial Public/Private Open Space - - City Limits Highway Commercial Water Feature - - City Growth Area (Resolution 21-285) 1 1 OEIG SOUTHWEST PLANNING DISTRICT Roosevelt Subarea Attachment 2 B KIRI �❑ Q CC NoaOC 0 waslewATR 7EAI ENT PuNr > t Single-Family/Duplex Residential Publk/Privale Open Space l,mv Density Multi-Fandlu Residential Publie Services/Institutional - hledinm to High Deusilg Moltl-Family General Commercial Mixed Use Existing Trail/Rode Proposed Trail Item Number: 11.a. CITY OF IOWA CITY COUNCIL ACTION REPORT January 2, 2024 Resolution approving conveyance of a Gas Regulator Easement to MidAmerican Energy Company at the Hickory Hill entrance at North 7th Ave. Commission Recommendations: N/A Attachments: Resolution approving conveyance - Mid Am Gas Regulator Agreement Executive Summary: This resolution authorizes conveyance of an easement to MidAmerican for a gas regulator station. Background /Analysis: In anticipation of the City's Rochester Avenue Improvements Project, MidAmerican relocated its utilities and replaced its below -grade gas regulator station previously located within the right-of-way with an above -ground station at the entrance to Hickory Hill Park at 7th Avenue. This location reduces the obstruction and gas infrastructure in the right-of-way and mitigates the risk of vehicular collisions. The proposed conveyance is for $0. Prepared by: Sara Hektoen, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 94_nA Resolution approving conveyance of a Gas Regulator Easement to MidAmerican Energy Company at the Hickory Hill entrance at North 7th Ave. Whereas, in anticipation of the city's Rochester Avenue Improvements Project, MidAmerican relocated its utilities and replaced its below -grade gas regulator station located within the right- of-way, which had caused safety concerns and was difficult to adequately maintain; and Whereas, a new above -ground gas regulator station has been installed, allowing for better access and easier maintenance, and relocated out of the right-of-way to mitigate the risk of vehicular collision; and Whereas, this gas regulator station is necessary to regulate the pressure of household gas distribution lines; and Whereas, it is in the public interest to convey a gas regulator easement to MidAmerican Energy Company for this purpose; and Whereas, a public hearing was scheduled for January 4, 2024, and notice thereof published in the Iowa City Press Citizen in accordance with state law; and Whereas, having held the public hearing as noticed, City Council finds it in the public interest to approve this conveyance. Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that: 1. The City Council does hereby approve the conveyance of a Gas Regulator Easement to MidAmerican Energy Company over and across a portion of Hickory Hill Park adjacent to the North 7th Ave entrance in the form of the attached easement agreement at no cost. 2. The Mayor and City Clerk, upon approval of the City Attorney, are hereby authorized to execute all documents necessary to convey said easement. The City Attorney is hereby authorized to carry out any actions necessary to consummate the conveyance as required by law. Passed and approved this 2nd Approved by . City Attor y's Office (Sara Hektoen — 12/28/2023) day of January , 2024. ATTEST: City Clerk Resolution No. 24-09 Page 2 It was moved by Alter and seconded by Bergus the Resolution be adopted, and upon roll call there were: Nays: Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Prepared by and return to: Joshua T. Morse 563-333-8520 MIDAMERICAN ENERGY ATTN: RIGHT-OF-WAY SLRVICES PO BOX 4350 -DVI 0 Davenport, IA 52808 GAS REGULATOR EASEMENT ']'his Gas Regulator Easement is made and entered into by City of Iowa City, a municipal corporation, ("Owner") and MidAmerican Energy Company, an Iowa corporation ("Grantee"), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: Owner hereby grants to Grantee a perpetual non-exclusive easement upon, over, under, along the areas described oil the attached Exhibit A as "Gas Regulator Easement", herein the "casement area". Grantee shall have the right to construct, attach, reconstruct, operate, maintain, replace or remove line(s) and facilities for the transportation of natural gas, including but not limited, regulators, meters, valves, blow -offs, pipe fittings, fencing, protective post barriers, support brackets, piping, line markers and other reasonably necessary above or below ground equipment incident thereto (collectively "Facilities") under, upon, and oil the surface or 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. Grantee shall promptly backfill any trench made by them, and repair any damages caused by them within the easement area. Grantee shall indemnify Grantor against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Owner, its successors in interest and assigns, reserve the right to use the easement area for purposes which will not interrere with Grantee' fill enjoyment of the rights hereby granted; provided that Owner shall not erect or construct any reservoir, retaining wall, or other obstruction on said areas, or diminish or substantially add to the ground cover over the easement area; provided, however, that Owner may construct driveways over the casement area. No permanent dwellings or trees or fences shalt be placed on the areas so designated for gas regulator easement but, with advance written authorization from the Grantee's representatives, 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. Grantee's rights, however, include the right to remove and/or clear away any such gardens, shrubs, minor landscaping, bushes anti plantings within the easement area without compensation to Owners or its success in interest. IN WITNESS WHEREOF, this Easement is made as of the date last set forth below. Dated this __L day of o c r o!3 V- , 2023, MIDAMERICAN ENERGY COMPANY By: l//:�J� 4 Nick Natimi, Vice id� as Delivery STATE OF IOWA } }ss. COUNTY OF POLK } On this lU day of t 2023, before me, a notary public in and for said county, personally appeared Nick Nation, as Vice President, Gas Delivery of Midamerican Energy Company. EJENAA WASHINGTON Notarial Seal • Iowa Commission Number a3221a µy Commission E%plres Jun 1, 2024 CITY OF IOWA CITY By: Bruce Teague, Mayor STATE OF IOWA } )ss. COUNTY OF JOHNSON ) TARP I LANAN�7F�Q=R IOWA commission expires: u. t , ca11 Zia ATTEST: Kellie K. Fruchling, City Clerk On this _ day of , 2023, before me, a notary public in and for said county, personally appeared Bruce Teague and Kellic K. Fluchling, respectively as Mayor and City Clerk of the City of Iowa City, Iowa. ell Approved By City Attorney's Office NOTARY PUBLIC IN AND FOR IOWA My commission expires: -NAAV-0G YneT3wmm Pr.IRERNAAradBiC ON Gm EASEMENTPLAT GAS REGULATOR EASEMENT CITY OF IONA CITY JOHNSON COUNTY, IOWA nmsxnmav A IVRTIM OF TIL SOU:IIEASI U\L+OUAW" OF IFIL Fww I104THWUT QN ARIEN WSW-ION II. 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Rfa�w PMtim,N I�,i N PAC It PoDIAiDIt N91onIY v NaNR�TN' On ia�� YY nanw ranaRN tleb m weroiYn SL'A�� Paws w N . eera4 b/ NM ..A / M M CNLEWANEM LAW P1001NERS tARDSlRVWRS IANSC'APARMECT'3 ENNRONNENTALSPEpKIM 1917 S. GILBERT ST, IOWA Cm, IOWA 52249 (319) 351-sm Wwm.mmscO09YNants.mt O LA IWO4Ww1 EASEMENT PIAT GAS REGULATOR EASERIEM A PORTION OF THE SE 114 OF THE NW 114 OF SEC.11-T79N.RSW �OyFF THE STH PM, C�1I�rY,yO�F� MNWI ,jIVf96TUM1MVww'IVW MMS CONSULTANTS, INC. OOp 1/1212023 hev4yvG FAN"11,NIL O, RN 135! ac�a 0, Xsro. nyFAA$ - �� TY41«t Na• 1 4B6i084 a, 1 Item Number: 11.b. CITY OF IOWA CITY COUNCIL ACTION REPORT January 2, 2024 Resolution authorizing conveyance of a single-family home located at 1311 Sandusky Drive. Prepared By: Reviewed By: Fiscal Impact: Staff Recommendation: Commission Recommendations: Attachments: Living room Bathroom Exterior Kitchen Resolution Stan Laverman, Senior Housing Inspector Erika Kubly, Neighborhood Services Coordinator Geoff Fruin, City Manager City funds were budgeted at $50,000 for rehabilitation expenses, and up to $25,000 in federal HOME funds may be used for buyer down payment assistance. There will be no impact on the general fund for ongoing operational expenses. Approval NA Executive Summary: On December 12, 2023 City Council set a public hearing for January 2, 2024 to consider a resolution authorizing the conveyance of 1311 Sandusky Dr. as part of the South District Program. This will be the seventh home sold under the program. Background /Analysis: Under the South District Program, the City proposes to sell 1311 Sandusky Dr. for $230,000. They City acquired the duplex at 1311-1313 Sandusky Dr. in 2021 for $210,000 ($105,000 per unit) and converted it to a 2 -unit condominium. City funds were used to rehabilitate the home to sell to an eligible buyer. The home received the following improvements: • New air source heat pump furnaces & air source water heaters, both 100% electric • Upgraded 200 Amp electric service which can support a future EV charging station • New stainless steel refrigerator, dishwasher, range and microwave • New architectural asphalt shingle roof and gutters • New vinyl siding • All new windows and doors • New luxury vinyl plank flooring throughout • All new cabinetry and countertops • Fresh paint throughout • All new kitchen and bath plumbing fixtures • New light fixtures throughout • New interconnected smoke and carbon monoxide detectors • All new millwork (casing and baseboards) • New garage door openers and entry keypads • Additional attic insulation for an increased R -value • New concrete patio • Landscape grading, seeding, mulch and edgers The sale price of the home is $230,000. This includes $50,000 in City funds that were used to rehabilitate the property. These costs are provided to the buyer in the form of a conditional loan that is forgiven by 10% each year. This amount was included in the sale price to more accurately reflect the value of the property and to avoid artificially deflating home values in the neighborhood. The remaining $180,000 includes the City's purchase price, carrying costs, and rehab costs in excess of $50,000. The homeowner will be eligible for up to $25,000 in HOME down payment assistance. The remaining balance will be financed through a private lender to purchase the home. The home features four bedrooms and two bathrooms. The buyer is a current resident of the South District neighborhood and a first-time home buyer. The buyer has completed a homeowner education course and counseling through Horizons. NOW 6 X%N 1 ,y}lei Ilp1j��} f I R`I 400 1 DIN ff r y a � � tier. _ iY ' •tel I(, 0 Prepared by: Susan Dulek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 Resolution No 24-10 Resolution authorizing conveyance of a single-family home located at 1311 Sandusky Drive. Whereas, the South District Home Investment Partnership Program is an effort by the City to encourage home ownership and reinvestment in designated neighborhoods; and Whereas, the City purchases residential properties, rehabilitates them, and then sells them to income -eligible buyers; and Whereas, the City purchased a duplex at 1311-1313 Sandusky Drive, rehabilitated it, and converted it to a 2 -unit condominium; and Whereas, the City has received an offer to purchase 1311 Sandusky Drive for the principal sum of $230,000;' and Whereas, this sale would provide affordable owner -occupied housing; and Whereas, on December 12, 2023, the City Council adopted a Resolution proposing to convey its interest in 1311 Sandusky Drive, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and Whereas, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 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 1311 Sandusky Drive, Iowa City, Iowa, also known as Unit A, 1311-1313 Sandusky Drive Condominiums, Iowa City, Iowa, for the sum of $230,000. 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 2nd day of January 2024. M o �% ) Attest: l' V L/ City Clerk Approved by/ G � City Attorn s Office (Sue Dulek —12/27/2023) Resolution No. 24-10 Page 2 It was moved by salih and seconded by adopted, and upon roll call there were: Ayes: Nays: Alter Absent: Alter Bergus Dunn Harmsen Moe Salih Teague the Resolution be Item Number: 11.c. CITY OF IOWA CITY COUNCIL ACTION REPORT January 2, 2024 Resolution supporting a permanent ceasefire in Palestine and Israel, the return of all captives, and the delivery of humanitarian aid; and affirming opposition to antisemitism, Islamophobia and anti -Arab bigotry with the aim of achieving a just and lasting political solution. Prepared By: Mayor Bruce Teague Reviewed By: Geoff Fruin, City Manager Eric Goers, City Attorney Fiscal Impact: N/A Staff Recommendation: No recommendation Commission Recommendations: N/A Attachments: Resolution City Council correspondence - Jason Weeks City Council Supplemental Meeting Packet CITY OF IOWA CITY January 2, 2024 Information submitted between distribution of the packet on Thursday and 3:00 pm on Tuesday. Late Handout(s): 10.a. Comprehensive Plan Amendment - Southwest District - See additional Correspondence to P&Z from Kathy & George Sadewasser 10.b. Rezoning - 1201 W. Benton St. - See additional Correspondence to P&Z from Kathy & George Sadewasser 11.e. alestine and Israel Ceasefire - See Council correspondence from Barbara Zilles and Mika Jayne Covington, Co -Chair Iowa City Democratic Socialists of America (DSA), Karen Michaeli 12.a. Housing & Community Development Commission - See revised cover sheet and application from Horacio B Borgen IP. Email from USG Liaison Noah FeFevre: USG Town Hall Plans January 2, 2024 City of Iowa City Item Number: 11.c. CITY OF OF IOWA CITY �fil COUNCIL ACTION REPORT January 2, 2024 Palestine and Israel Ceasefire - See Council correspondence from Barbara Zilles and Mika Jayne Covington, Co -Chair Iowa City Democratic Socialists of America (DSA), Karen Michaeli Attachments: 11.c Correspondence Kellie Grace From: Zilles, Barbara A <barbara-zilles@uiowa.edu> Late Handouts Distributed Sent: Sunday, December 31, 2023 5:20 PM To: *City Council Subject: Urgent Request for January 2, Tuesday meeting. (Date) I R I51t ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** As a concerned member of Jewish Voice for Peace, I strongly urge you to cast your vote in favor of the resolution to support a Ceasefire in Gaza and the West Bank, proposed by Iowa City Action for Palestine. The humanitarian crisis is horrible. Although this resolution by itself will not change things, concerned citizens can point to yet one more city in the US that has passed such a resolution. And hopefully this will affect President Biden and Congress. Thank You, Barbara Zilles District C Kellie Grace From: Iowa City DSA <exec@iowacitydsa.org> Sent: Monday, January 1, 2024 8:59 AM Late Handouts Distributed To: *City Council Subject: Ceasefire in Gaza — - D-4 Attachments: We sent you safe versions of your files; _City Council Letter for Ceasefire.docx (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. Dear Iowa City City Council, My name is Mika Covington and I'm a resident of Iowa City. I also serve as Co -Chair of the Iowa City DSA. As people of conscience, we, the Iowa City Chapter of the Democratic Socialists of America (DSA), mourn the loss of life everywhere, regardless of nationality. As socialists, we recognize that every human being deserves to live a life of peace and dignity, regardless of where they live and where they work. Israel's far -right government, led by Prime Minister Netanyahu, has promised an escalation of violence against the Palestinian people. The Prime Minister's finance minister who is a self -avowed `fascist homophobe' has openly called for ethnic cleansing of Palestinians and his defense minister labeled Palestinians as `human animals' - which is dehumanizing language that historically is used in the context of genocide. Since October 7th, the Israeli government has killed over 19,000 Palestinians - including thousands of children in the days of airstrikes. Over one million people are displaced, water is scarce, and hospitals are on the brink of collapse. The ongoing collective punishment of Palestinian civilians - by means of constant bombing, the shutting off of water and electricity, and the denial of food and medical aid - constitutes a war crime under the UN Geneva Convention. As Americans, our money - nearly $ 4 billion a year - is directly funding the missiles, bombs, and bullets killing Palestinians right now. We believe it is imperative that U.S. policymakers take action to immediately de-escalate the violence to stop the further loss of civilian life. That's why we call on you, the Iowa City City Council to: 1. Pass a resolution demanding an immediate de-escalation and permanent ceasefire in Israel and occupied Palestine. 2. Provide additional city resources and protections for Iowa City residents and students facing discrimination due to anti -Palestinian, anti -Arab, and Islamophobic rhetoric on our streets and on the University of Iowa campus. 3. Prohibit all security and public safety officers from training with any persons, materials, or methods from Israeli police, military, or security forces, and refuse to hire or coordinate with any security or public safety officers or agencies engaged with the above forces. 4. Call for the repeal of all Iowa's anti-BDS laws. P.S. Attached is the letter with our citations. Thank you, Mika Jayne Covington Co -Chair Iowa City DSA 0 — Dear Iowa City City Council, My name is Mika Covington and I'm a resident of Iowa City. I also serve as Co - Chair of the Iowa City DSA. As people of conscience, we, the Iowa City Chapter of the Democratic Socialists of America (DSA), mourn the loss of life everywhere, regardless of nationality. As socialists we recognize that every human being deserves to live a life of peace and dignity, regardless of where they live and where they work. Israel's far -right government, led by Prime Minister Netanyahu, has promised an escalation of violence against the Palestinian people.' The Prime Minister's finance minister who is a self -avowed `fascist homophobe' has openly called for ethnic cleansing of Palestinians, and his defense minister labeled Palestinians as `human animals' - which is dehumanizing language that historically is used in the context of genocide 3 Since October 7th, the Israeli government has killed over 19,000 Palestinians - including thousands of children in the days of airstrikes. Over one million people are displaced, water is scarce, and hospitals are on the brink of collapse .4 The ongoing collective punishment of the Palestinian civilians - by means of constant bombing, the shutting off of water and electricity, and the denial of ' "Only the beginning' says Netanyahu as Israel makes first raids into Gaza," Reuters, October 13, 2023, 2 "Human Animals: The Sordid Language Behind Israel's Genocide in Gaza," Middle East Monitor, October 24, 2023, https://www.middleeastmonitor.comf2o23lo24-human-animals-the-sordid- lan ua -behin -' rae - eno ide-in- aza . s Ramzy Baroud, "Human Animals: The Sordid Language Behind Israel's Genocide in Gaza," Middle East Monitor, October 24, 2023, https://www.middleeastmonitor.COM/20231024-human- animals- the- sordid- language -behind- israels-genocide -in -gaza/. 4 "Gaza cut off from food, water and fuel as Israel's punishing bombardment continues," PBS, October 11, 2023, https:llwww.pbs orglnewshour/show/gaza-cut-off-from-food-water-and-fuel-as-israels- p unishing -bombardment -continues. food and medical aid - constitutes a war crime under the UN Geneva Convention .5 As Americans our money - nearly $4 billion a year - is directly funding the missiles, bombs, and bullets killing Palestinians right now.6 We believe it is imperative that U.S. policymakers take action to immediately de- escalate the violence to stop the further loss of civilian life. That's why we call on you, the Iowa City City Council to: t. Pass a resolution demanding an immediate de-escalation and permanent ceasefire in Israel and occupied Palestine. 2. Provide additional city resources and protections for Iowa City residents and students facing discrimination due to anti -Palestinian, anti -Arab, and islamophobic rhetoric on our streets and on the University of Iowa campus. 3. Prohibit all security and public safety officers from training with any persons, materials, or methods from Israeli police, military, or security forces, and refuse to hire or coordinate with any security or public safety officers or agencies engaged with the above forces. 4. Call for the repeal of all Iowa's anti-BDS laws. In Solidarity, Mika Jayne Covington Co -Chair Iowa City DSA 5 "War Crimes." United Nations Office on Genocide Prevention and the Responsibility to Protect. Accessed Novemberl, 2023. Jittps://www.un.org/en/genocideprevention/­war-crimes.shtmi. 6 "Israel -Gaza: How much money does Israel get from the US?" BBC News, May 24, 2021, https,//www.bbe.comitiews/s7i7m76. ::At 11,L Ashley Platz From: Karen Michaeli <michaelikaren@gmail.com> Sent: Tuesday, January 2, 2024 2:28 PM Late Handouts Distributed To: *City Council Subject: Biased proposed resolution regarding the Hamas war against Israel I - (Date) A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** To the Iowa City City Council, regarding the proposed text for a ""Resolution supporting a permanent ceasefire in Palestine and Israel, the return of all captives, and the delivery of humanitarian aid; and affirming opposition to antisemitism, Islamophobia and anti -Arab bigotry with the aim of achieving a just and lasting political solution": Regarding the draft as a whole, this proposed resolution is, aside from the deceptive premises within it, an inappropriate matter for a city government. Regarding the statements within in: • The resolution affirming opposition to "antisemitism, Islamophobia and anti -Arab bigotry" is missing "anti -Israeli". If "anti -Arab" is on the list, certainly "anti -Israeli" is its correspondent. Calling for ceasefire is disingenuous: Hamas has already violated two ceasefires, and most recently refused to negotiate a hostage deal. More honest phrasing in this resolution would be a call for Israel to surrender to Hamas, as the authors must surely be aware that ceasefires have already been attempted by Israel, and not honored by Hamas. To ask Israel to ceasefire a third time despite Hamas' repeated violations of the previous ceasefires singularly holds the target of this war itself responsible for the war. This shift in responsibility and notions of proportionality that are currently widespread in the popular discourse about the conflict would not be applied with respect to a military response by any other nation. As U.S. House Representative Ritchie Torres of New York asks: 'A question for those calling for a ceasefire with Hamas. Would you have called for a ceasefire with Nazi Germany under Adolf Hitter, imperial Japan, ISIS, and AI-Qaeda under Osama Bin Laden? Are you typically in favor of keeping genocidal regimes in power? Or only when the target is a Jewish State?" "Targeting civilians" in this context represents a deeply antisemitic dog -whistle invoking the ancient blood libel of "bloodthirsty Jews". As the authors of this resolution are certainly aware, Hamas embeds its operations in homes, hospitals, and schools. Its very objective is to maximize Gazan deaths in order to isolate Israel from the global community and its institutions. In observing the lack of response by the U.N. and international NGOs to Israeli victims of Hamas' atrocities, the effectiveness of this strategy is evident. The accusation that Israel "targets" civilians as intentional collective punishment in the Hamas war against Israel is an attempt to demonize its legitimate response, which, given Hamas' operating model, is impossible to implement without civilian casualties. Citing any casualty counts from the Gazan Health Ministry (Hamas) is nothing less than irresponsible support for Hamas propaganda. These numbers are somehow available instantaneously and even identified by age and sex; in comparison, Israel is still doing the work of recovering and identifying bodies of the dead from October 7. One Gazan death is by itself horrific; why would this proposed resolution cheapen Gazan life with wildly arbitrary counts sourced from Hamas that are different everywhere they are published? The resolution calling for release of captives states "more than" one hundred Israeli captives. Is there a reason why the actual number is not stated? In addition, there are no Palestinian "captives" in Israel: to suggest otherwise is deceptive. Israelis held in Gaza were kidnapped. The Palestinians held in Israel were arrested for their involvement in terrorist activities. To compare a toddler snatched from his home into Gaza and be held in captivity with little food or water, with an adult arrested by Israeli authorities for suspected terrorist activities is not only false, but dangerously irresponsible. The resolution stating "that criticism of governments in Israel and Palestine is not inherently antisemitic or anti -Arab" is, much like calling for "ceasefire", disingenuous in its premise: anti -Israel activists claim that they are accused of antisemitism because of "criticism of Israel's government". This a straw man argument: anyone would agree that such criticism is, on its face, not antisemitic. For many months, thousands of Israelis throughout the country participated in weekly protests against the Netanyahu administration, just as many in the U.S. demonstrated their opposition to Trump and his government. What is antisemitic, however, is the deployment of ancient antisemitic canards to singularly demonize Israel; to hold Israel to a double standard given the silence among anti -Israel activists about actual genocides occurring now in other countries; and to delegitimize Israel's very existence. These are antisemitic, rather than "criticism of Israel's government", and the authors of this document are undoubtedly aware of the distinction. The resolution opposing military aid "in contravention of international law" is based on a false premise that Israel is in violation of international law. To then further invoke the U.N. in repeating a call for ceasefire and invoking the United Nations at all in this document is pointedly cynical, give that the United Nations Security Council did not, on October 8 nor since, vote unanimously to condemn Hamas for war crimes, demand the immediate return of all hostages, order Qatar to extradite Hamas leadership to The International Criminal Court in The Hague, where they could have been tried for War Crimes, Crimes Against Humanity, and Genocide. Had this occurred, imagine how many Gazan people would be alive today: invoking the U.N. as a rhetorical appeal to authority in the arguments of this resolution reveals a profound lack of humanity or any compassion for the victims of October 7. The false claim that Israel is violating international law in its response to the Hamas war against Israel inherently supports the Hamas war against Israel. The moral equivalence inherent in the proposed resolution is starkly apparent: by suggesting that for Israel to fight back against terrorism is so wrong as to warrant a resolution by a city government, the true message is that terrorists intentionally mass -slaughtering innocent people is morally the same as human shields unintentionally killed, and morally the same as the unintended casualties of a war that Israel didn't want and didn't start. This demand that Israel refrain from response would never be made with respect to any other country victimized by a similar attack. Inherent in such a demand is the sentiment that it is acceptable for Israelis to be killed. This double standard crosses the boundary between legitimate criticism of the current Israeli administration, and antisemitism. When the world passes resolution after resolution against Israel at the United Nations (or in this case potentially the local government of a small Midwestern city) every time there is a new jihadist Intifada, these resolutions are in effect statements of support for such intifadas. The City of Iowa City does not regularly take positions on international conflicts; there is no similar positioning regarding Sudan or Ukraine, for example. Therefore the proposed resolution itself is inherently biased regarding Israel. In addition, singling out the only Jewish state for unilateral responsibility for continued ceasefires (the previous two already having been violated by Hamas) is an act of antisemitism. United States Secretary of State Antony Blinken echoes the bewilderment felt by a vast majority of Jews in the face of such calls for unilateral ceasefire: "What is striking to me is that even as we hear many countries urging the end to this conflict, which we would a// like to see, l hear virtually no one saying, demanding of Hamas, that it stop hiding behind civilians, lay down its arms, that it surrender." Finally: tokenizing two anti -Zionist Jews to contribute to the language of this proposed resolution in an attempt to claim Jewish input while avoiding consultation with anyone from the broader mainstream Jewish community of Iowa City who support the existence of the Jewish state, is antisemitic. I close with another matter concerning the Iowa City Council: after the massacre of October 7, neither the mayor nor members of the council issued a statement standing with Israel in its most painful moments. The silence was deafening. Transparently, the mayor and council `ran out the clock' for two weeks knowing that Israel would eventually respond militarily to the Hamas attack, at which time it would be politically safe to make a statement in support of "all who are impacted" which is precisely what Mayor Teague did. The mayor's statement at the start of the October 17 city council meeting alienated many in the broader Iowa City Jewish community ("broader" referring to most Jews in Iowa City, who are for the most part unaffiliated with Agudas Achim synagogue). The mayor chose to craft a statement that diffused and diminished the pogrom, the very massacre that was the declaration of this war. Instead of specifically naming "the Hamas atrocities in Israel', the mayor diluted his statement with "the war between Israel and Hamas with all its complexities" (implying that this was a war that Israel sought equally with Hamas) and 'bur hearts go out to all who are impacted". Iowa City could have unambiguously stood with Israel in its darkest hour as so many U.S. cities did, and missed an opportunity to show the Jewish and Israeli community that Iowa City cared about them. After this hurtful and harmful dismissal, adopting such a resolution as that proposed would add further hurt and harm to the Jewish community. We urge you to reject this proposed resolution in its entirety. Karen Michaeli, Iowa City resident, written with contributions from several members of Iowa City's Jewish and Israeli community. While this communication might otherwise include a list of signers, please know that given the heightened antisemitism in our community and across the U.S., many (especially parents) including myself are fearful of releasing such public statements as this. 11. C., Resolution No. Resolution sLipporting a permanent ceasefire in Palestine and Israel, the return of all captives, and `the delivery of humanitarian aid; and affirming opposition to antise itism, Islamophobia and, anti -Arab bigotry with the aim of achieving a just and lasti political solution. Whereas, all human life iso reci0us, and the targeting of civilians is a violation of intern onal humanitarian law; and Whereas, over 1,200 Israelis w e and on October 7th, over 20,000 Palestinia have been killed since October 7th 2023, as of January 2, 2024, and people of other nationalities ha been killed; and Whereas, continued hostilities have - ced 85% of Palestinians in Gaza nd 5-10% of Israelis to flee their homes; and Whereas, hundreds of thousands of lives a at imminent risk wit ut an immediate permanent ceasefire, restoration of basic necessities, and delive of adequate and conditional humanitarian aid without delay to the Palestinian people; and Whereas, more than one hundred Israeli captive are hel by Hamas and more than 7,000 Palestinian captives are held without due process under Israel a ial law; and Whereas, the United States government and our e Palestinian and Israeli lives, and US law requires,f international law; and / leaders hold immense diplomatic power to save sign military aid not be used in the contravention of Whereas, the United States provides ongoi military aid to rael, of which approximately $748,000 annually came from taxpayers in Iowa City, as well s humanitarian ai to Palestine, of which approximately $31,000 annually came from Iowa City taxpayers uring the period from 017 to 2022; and Whereas, the majority of nations in t46 UN have voted in favor of ceasefire resolution, and millions of people worldwide, including residents ofto a City, have joined in peaceful rotests since October 7 to amplify this call; and Whereas, Islamophobia, anti -P lestinian/anti-Arab bigotry, and antisemi 'sm have risen significantly across the United States, and around th world, with direct impacts on communities from synagogues and mosques to schools, universities,/Ilecti've offices, and places where communities Bathe as well as at protests and rallies; and Whereas, all of thesef bigotry, violence, and oppression serve to divide ur communities and weaken our efforts to achieve safety, justice, and true multi-ethnic, multi -racial, ulti-religious democracy here and evervwhere Now, therefore, beAt resolved by the City Council of the City of Iowa City that: The City f Iowa City unequivocally condemns both the attack on October 7, 2023y Hamas, and the killing o civilians in Gaza and West Bank by the state of Israel; and 2. The City of Iowa City affirms its commitment to combat anti-Palestinian/anti-Arab bigotry, antisemitism, and Islamophobia; and 3. The City of Iowa City affirms its support for all people in Palestine and Israel to live in peace, justice, and security; and 4. Th City of Iowa City affirms its support for the rights of all people, including residents of Iowa City, to live, arn, work, play, worship, and engage in peaceful protest, all without intimidation, coercion, or the threat violence; and 5. The City o Iowa City asks our congressional delegation to support all re lutions and legislation that match the v ues stated throughout this Iowa City resolution, especial) those that aim to alleviate the urgent humanlkarian disaster in Gaza, such as US House Resolutio o. 786; and 6. The City of Iowa 6,ity affirms first -amendment rights of citizens criticize government or government policy, and affirms at criticism of governments in Israel and alestine is not inherently antisemitic or anti -Arab; and 7. The City of Iowa City s ports the delivery of immedia , unconditional, and sufficient humanitarian aid to the people of Gaza; a�o 8. The City of Iowa City affirm its commitment to)$ laws requiring that arms transfers be used in accordance with internationa aw; and / 9. The City of Iowa City resolves th t the low ity Clerk's Office will provide a copy of this resolution to the members of the Iowa State le ' [at ur , the Iowa State Governor, and the United States Congressional delegations from low . Passed and approved this ay of , 2024. Mayor A roved by Attest: City Clerk City Attorney's Office — 12/28/2023 It was moved by and seconded by the Resolution be adopted, and upon r II call there was: Ayes: Nays: Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Resolution No. Resolution supporting a permanent ceasefire in Palestine and Israel, the return of all sapt+veshostages, and the delivery of humanitarian aid; and affirming opposition to antisemitism, Islamophobia and anti -Arab bigotry with the aim of achieving a just and lasting political solution. Whereas, all human life is precious, and the targeting of civilians is a violation of international humanitarian law; and Whereas, over 1,200 Israelis were killed on October 711, over 20,000 Palestinians have been killed since October 7th 2023, as of January 2, 2024, and people of other nationalities have been killed; and Whereas, continued hostilities have forced 85% of Palestinians in Gaza and 5-10% of Israelis to flee their homes; and Whereas, hundreds of thousands of lives are at imminent risk without an immediate permanent ceasefire, restoration of basic necessities, and delivery of adequate and unconditional humanitarian aid without delay to the -Palestinian people civilian noncombatants; and Whereas, more than one hundred Israeli hostages sapt+ves are held by Hamas and more than 7,000 Palestinians owes are held without due process under Israeli martial law; and Whereas, the United States government and our elected leaders hold immense diplomatic power to save Palestinian and Israeli lives, and US law requires that foreign military aid not be used in the contravention of international law; and Whereas, the United States provides ongoing military aid to Israel, of which approximately $748,000 annually came from taxpayers in Iowa City, as well as humanitarian aid to Palestine, of which approximately $31,000 annually came from Iowa City taxpayers during the period from 2017 to 2022; and Whereas, the majority of nations in the UN have voted in favor of a ceasefire resolution, and millions of people worldwide, including residents of Iowa City, have joined in peaceful protests since October 7 to amplify this call; and Whereas, 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 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. Now, therefore, be it resolved by the City Council of the City of Iowa City that: 1. The City of Iowa City unequivocally condemns both the attack on October 7, 2023 by Hamas, and the killing of civilians in Gaza and West Bank by the state of Israel; and 2. The City of Iowa City affirms its commitment to combat anti-Palestinian/anti-Arab bigotry, antisemitism, and Islamophobia; and 3. The City of Iowa City affirms its support for all people in Palestine and Israel to live in peace, justice, and security; and 4. The City of Iowa City affirms its support for the rights of all people, including residents of Iowa City, to live, learn, work, play, worship, and engage in peaceful protest, all without intimidation, coercion, or the threat of violence; and 5. The City of Iowa City asks our congressional delegation to support all resolutions and legislation that match the values stated throughout this Iowa City resolution, especially those that aim to alleviate the urgent humanitarian disaster in Gaza, and the release of Israeli hostages, such as US House Resolution No. 786; and 6. The City of Iowa City affirms first -amendment rights of citizens to criticize government or government policy, and affirms that criticism of governments in Israel and Palestine is not inherently antisemitic or anti -Arab; and 7. The City of Iowa City supports the delivery of immediate, unconditional, and sufficient humanitarian aid to the noncombatant people of Gaza; and 8. The City of Iowa City affirms its commitment to US laws requiring that arms transfers be used in accordance with international law; and 9. The City of Iowa City resolves that the Iowa City Clerk's Office will provide a copy of this resolution to the members of the Iowa State legislature, the Iowa State Governor, aPA-the United States Congressional delegations from Iowa, and the President of the United States. Passed and approved this day of , 2024. Attest: City Clerk Mayor Approved by City Attorney's Office — 12/28/202301/03/2024 It was moved by and seconded by the Resolution be adopted, and upon roll call there was: Ayes: Nays: Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Resolution No. 24-11 Resolution supporting a permanent ceasefire in Palestine and Israel, the return of all hostages, and the delivery of humanitarian aid; and affirming opposition to antisemitism, Islamophobia and anti -Arab bigotry with the aim of achieving a just and lasting political solution. Whereas, all human life is precious, and the targeting of civilians is a violation of international humanitarian law; and Whereas, over 1,200 Israelis were killed on October 7th, over 20,000 Palestinians have been killed since October 7' 2023, as of January 2, 2024, and people of other nationalities have been killed; and Whereas, continued hostilities have forced 85% of Palestinians in Gaza and 5-10% of Israelis to flee their homes; and Whereas, hundreds of thousands of lives are at imminent risk without an immediate permanent ceasefire, restoration of basic necessities, and delivery of adequate and unconditional humanitarian aid without delay to Palestinian civilian noncombatants; and Whereas, more than one hundred Israeli hostages are held by Hamas and more than 7,000 Palestinians are held without due process under Israeli martial law; and Whereas, the United States government and our elected leaders hold immense diplomatic power to save Palestinian and Israeli lives, and US law requires that foreign military aid not be used in the contravention of international law; and Whereas, the United States provides ongoing military aid to Israel, of which approximately $748,000 annually came from taxpayers in,lowa City, as well as humanitarian aid to Palestine, of which approximately $31,000 annually came from Iowa City taxpayers during the period from 2017 to 2022; and Whereas, the majority of nations in the UN have voted in favor of a ceasefire resolution, and millions of people worldwide, including residents of Iowa City, have joined in peaceful protests since October 7 to amplify this call; and Whereas, 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 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. Now, therefore, be it resolved by the City Council of the City of Iowa City that: 1. The City of Iowa City unequivocally condemns both the attack on October 7, 2023 by Hamas, and the killing of civilians in Gaza and West Bank by the state of Israel; and 2. The City of Iowa City affirms its commitment to combat anti-Palestinian/anti-Arab bigotry, antisemitism, and Islamophobia; and Resolution No. 24-11 Page 2 3. The City of Iowa City affirms its support for all people in Palestine and Israel to live in peace, justice, and security; and 4. The City of Iowa City affirms its support for the rights of all people, including residents of Iowa City, to live, learn, work, play, worship, and engage in peaceful protest, all without intimidation, coercion, or the threat of violence; and 5. The City of Iowa City asks our congressional delegation to support all resolutions and legislation that match the values stated throughout this Iowa City resolution, especially those that aim to alleviate the urgent humanitarian disaster in Gaza, and the release of Israeli hostages, such as US House Resolution No. 786; and 6. The City of Iowa City affirms first -amendment rights of citizens to criticize government or government policy, and affirms that criticism of governments in Israel and Palestine is not inherently antisemitic or anti -Arab; and 7. The City of Iowa City supports the delivery of immediate, unconditional, and sufficient humanitarian aid to the noncombatant people of Gaza; and 8. The City of Iowa City affirms its commitment to US laws requiring that arms transfers be used in accordance with international law; and 9. The City of Iowa City resolves that the Iowa City Clerk's Office will provide a copy of this resolution to the members of the Iowa State legislature, the Iowa State Governor, the United States Congressional delegations from Iowa, and the President of the United States. Passed and approved this 9„d day of r 2024. Approved by/ Attest: G ' City Clerk City Attorn y's Office — 01/03/2024 It was moved by salih and seconded by Bergus the Resolution be adopted, and upon roll call there was: Ayes: Nays: Absent: x Alter x Bergus x Dunn _ x Harmsen x Moe x Salih x Teague Kellie Grace From: Jason Weeks <weeksj.shri@gmail.com> Sent: Sunday, December 17, 2023 10:34 AM To: *City Council Subject: For a City Council Ceasefire Resolution A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** 12/18123 To the Honorable Mayor, Mr Bruce Teague, and the distinguished Members of the City Council, City of Iowa City. My name is Jason Weeks and I am a long time resident of Iowa City, employed in the social work field. I am writing to follow up on the Council meeting held on Tuesday, 12 December. I would like to add my voice to the many others who have called on the Council to support a resolution for an immediate and permanent ceasefire in Gaza. As I listened to the many speeches given that evening, I was struck by the often shocking and vivid factual details and personal testimonies presented by so many in our community who are intimately acquainted with the Middle East conflict and our American role in it. However, there are a couple of other points I think should be added to the Council's consideration of this issue: our interests as Americans and residents of this City and the security needs of the people of Israel. The Hamas attacks of 7 October were brutal, horrible and completely unjustified, despite the injustices that the Palestinians have suffered over the years. All of us should be resolved to do everything possible to ensure that nothing like this ever happens again. But it is precisely for this reason that we must look at what Israel's government is doing, and what our our nation is supporting, with a rational and critical eye and not succumb to the passions of the moment, which lead many who care about Israel and its people to support what amounts to a policy of blind revenge. Terrorism experts tell us that militant groups often commit spectacular atrocities precisely in order to goad the dominant power into a disproportionate military reaction, so that the militants and the people they represent gain sympathy and the dominant power loses its standing in the international community. This is the technique of asymmetrical warfare used by the FLN in French Algeria in the 1950's, as documented by Alastair Horne in his magisterial history of that struggle, A SAVAGE WAR OF PEACE. ( Alastair Horne, A SAVAGE WAR OF PEACE, ALGERIA 1954-1962, New York, Viking Penguin Books, 1987 pp.121-122) A leading American terrorism expert believes that this is exactly what is happening today. "(Israel's)... armed forces played squarely into Hamas's hands by striking Gaza with tremendous force... The bloodshed on October 7 was intended to provoke the Israeli military into an overreaction that would undermine international support for Israel, stoke an uprising in the West Bank and Jerusalem, and rally support for Hamas, notably from Iran and the Lebanese militant group Hezbollah... in many ways, the group has succeeded". (Audrey Kurth Cronin, "Hamas's Asymmetric Advantage", FOREIGN AFFAIRS, January/February 2024 p. 31 Cronin, the author of the noted study, HOW TERRORISM ENDS, Princeton University Press, 2011, leads the Institute for Strategy and Technology at Carnegie Mellon University) Hamas's attack on 7 October, however bloodthirsty and abhorrent, was anything but irrational. It was in fact Machiavellian. The truth is that Hamas had lost support among the Palestinian people whom it claims to represent. At the same time, the Palestinian cause was being marginalized by American diplomatic efforts to broker peace between Israel and some Arab states, such as the UAE and Saudi Arabia, while the Israel/Palestine peace process fell into neglect and the expansion of Israeli settlements put the prospects for a two -state solution increasingly in doubt. Opinion researchers supported by America's National Endowment for Democracy have established that Hamas had very little support in Gaza prior to the war, but that support for the militant movement there and in the West Bank tends to rise when Israel attacks or intensifies its economic pressure, and to fall when Israel relents. Before the war, a clear majority of Gazans in public opinion polls said that they either had no trust at all in the Hamas government (44%) or not a lot of trust (23%). Only 29% said that they had a great deal or quite a lot of trust in that government. Most Gazans, close to 60%, supported a two -state solution. However, the same researchers warn: "(E)ven if Israel were to `level Gaza', as some hawkish politicians have called for, it would fail in its mission to wipe out Hamas. Our research has shown that Israeli crackdowns in Gaza most often lead to increasing support and sympathy for Hamas among ordinary Gazans... In periods when Israel cracks down on Gaza, Hamas's hardline ideology seems to hold great appeal for Gazans." (Amaney Jamal and Michael Robbins, "What Palestinians Really Think of Hamas: Before the War, Gaza's leaders were Deeply Unpopular, but an Israeli Crackdown Could Change That", FOREIGN AFFAIRS, 25 October 2023) This dynamic is playing out right now. According to the internationally respected Palestinian Center for Policy and Survey Research, in the West Bank, support for Hamas stood at just 12% in September, but it has soared to 42% today. At the same time, people have no confidence in the Palestinian Authority led by Mahmud Abbas, seen as a collaborator with Israel, a co -enforcer of the Israeli occupation. ("Palestinian poll shows a rise in Hamas support and close to 90% wanting US -backed Abbas to resign", ASSOCIATED PRESS, 13 December 2023) At the same time, despite the immense scale of the destruction and killing in Gaza, Israel's military effort against Hamas's armed wing shows little signs of success so far. "At least 5,000 Hamas militants have been killed, according to three Israeli security officials, leaving the vast majority of the group's estimated 30,000 -strong military wing intact". ("Israel has vowed to destroy Hamas. Yet the group remains largely intact", WASHINGTON POST, 5 December 2023) To even look like a success, the current operation may take months, Israeli officials admit. But that means mass death, even genocide, for the Palestinians. And no such operation will bring lasting peace; quite the opposite in fact. Israel's actions ensure that Hamas will gain recruits to fight new battles in the future. People stricken with grief and anger over Israel's indiscriminate bombing of whole neighborhoods, its wiping out of entire families, will join the ranks of the terrorists of tomorrow. Even if, after protracted conflict, Israel were to destroy all of Hamas's military wing, Hamas would survive as an idea and an inspiration. Israel might buy itself some peace for a limited time, but the cycle of violence would continue, probably with even greater destructiveness than we have seen so far. Is it worth killing thousands upon thousands of Palestinian children for a year or two of "relative calm"? Is this something that our country should support. I don't think so. The events of October 7 prove that Israel's security measures were not foolproof and that more vigilance is required. But they do not prove that the threat from Gaza to Israel cannot be contained successfully without totally destroying Gaza. Above all, they are a chilling reminder that walls, massive surveillance, barbed wire and sharp -shooters are not enough. Actual dialogue and political compromise are required for the Israeli people to be secure. If the Palestinians are bottled up forever, with no hope of ever achieving their national aspirations or human rights by peaceful means, some of them are bound to revolt and at least some acts of violence are bound to succeed. Safety for Israelis ultimately requires meeting the other side half way, not just trying to lock them up and throw away the key. Israel has already assassinated all the founding leaders of Hamas, which was created in 1988, at the time of the First Intifada or rebellion in the Occupied Territories. Sheikh Ahmad Yassin, Salah Shehadeh and others are all long gone. Israel pummeled Gaza in 2008-9, 2012, 2014 and 2021, killing thousands and causing massive destruction. What this history teaches us is that leaders can be replaced and that mass killing does not bring lasting security. If this policy worked, 7 October would not have happened at all. On the other hand, as we have already seen in the opinion poll data cited earlier, the people of Gaza, in normal times, are inclined to compromise with Israel, even if Hamas itself is not. If Israel offered a real prospect of Palestinian statehood or a regime of equal rights for all in the combined lands of Israel and the Occupied Territories, where Palestinians now hold a small majority (53%-47%), political incentives would shift for the Palestinian leadership, pragmatism would prevail and there would be a chance for lasting peace. This is what happened in Northern Ireland, where former extremists and terrorists actually sat down and.made a peace deal, not because they suddenly turned into angels, but because the political incentives were right. ("Jews Now a 47% Minority in Israel and the Territories, Demographer Says", TIMES OF ISRAEL, 30 Aug. 2022.) However, we must be clear about today's reality. The current Israeli leadership is opposed to President Biden's vision of a two -state solution, strongly supports the West Bank settlements, which are illegal under international law (Fourth Geneva Convention, Article 49) and has said that it intends to re -occupy Gaza indefinitely after the war. In other words, it expects to do the same thing all over again and achieve different results: Einstein's definition of insanity. In this atmosphere, it is essential that our leaders show a willingness to be tough on Israel and offer less than blind or unconditional support. Otherwise, the crisis will go through dormant periods but never really end, and large numbers of people on both sides will die. Our leaders need to be willing to criticize Israel and withhold aid and political support until its government shows a willingness to change its approach: the policy of expanding settlements, consolidating its grip on the conquests of 1967, making the Occupation permanent and dealing with any Palestinian resistance by a massive and indiscriminate show of force. But for that to happen, political incentives have to change here in America as well. Many American politicians are aware of these realities but are afraid to speak out because the powerful Israel lobby will brand any criticism of Israel as "antisemitic". We must be brave enough to oppose the Israel lobby and groups such as the American Israel Public Affairs Committee (AIPAC), just as we do the powerful gun lobby, the NRA, in America. Increasing numbers of American Jews recognize this problem and are mobilizing to fight AIPAC and allied organizations. Criticizing Israeli government policy must not be stigmatized as inherently "antisemitic". America, as Israel's superpower ally, is a large part of the problem today because of its tradition of unconditional and blind support for whatever Israel does. Peace requires a fundamental change of direction. We should not endorse Israel's war aims, which are a blind ally leading to a dark future. Nor should we too readily credit Israel's story that all the innocent victims of the current war are "collateral damage", or the result of Hamas's hiding among civilians, its use of them as "human shields". Israel has often made this claim in the past. In its war in Lebanon in 2006, the Israeli government claimed that the civilian deaths in that war, about 900 in total in a few weeks of fighting, were the result of Hezbollah's use of "human shields', But in a later investigation, Human Rights Watch refuted this claim. The vast majority of the civilian casualties there came as a result of attacks in which there was no Hezbollah presence which could have justified the strikes. ""Israel's indiscriminate airstrikes, not Hezbollah's shielding as claimed by Israeli officials, caused most of the approximately 900 civilian deaths" during the war. Human Rights Watch found "no evidence of widespread human shielding" In the vast majority of airstrikes resulting in civilian deaths, investigated by Human Rights Watch, there was no evidence of a Hezbollah military presence which would have justified the attack..." Moreover, the attacks were deliberate. The Israeli military must have known that they were hitting civilians: "The Israel Defense Force's repeated failure to distinguish between civilians and combatants cannot be explained as mere mismanagement of the war or a collection of mistakes". ""HRW found that a simple movement of vehicles or persons—such as attempts to buy bread or moving about in private homes—could be enough to cause an Israeli airstrike that would kill civilians. Israeli warplanes also targeted moving vehicles that turned out to be carrying only civilians trying to flee the conflict. In most such cases documented in the report, there is no evidence of a Hezbollah military presence that would have justified the attack... " ("Why They Died: Civilian Casualties in Lebanon during the 2006 War", HUMAN RIGHTS WATCH, 5 September 2007) Amnesty International found much the same thing about the Israeli claim of "human shielding" by Hamas in "Operation Cast Lead", Israel's assault on Gaza in December 2008 -January 2009. ("Operation `Cast Lead': 22 Days of Death and Destruction", AMNESTY INTERNATIONAL, London: 2009) In its current operation, Israel has been bombing bakeries where hungry people have been queueing for bread, as UN humanitarian workers report: "During the same nine -day period, ten bakeries were struck and destroyed; six in Gaza city, two in northern Jabalia, and two in the Middle Area (Maghazi Camp and Nusseirat). As a result, people are struggling to obtain bread. Long queues between 4-6 waiting hours are reported in front of bakeries, where people are exposed to airstrikes." ( "Hostilities in the Gaza Strip and Israel I Flash Update #23" , UN OFFICE FOR THE COORDINATION OF HUMANITARIAN AFFAIRS, 29 October 2023) The laws of war require that military planners do what they can to distinguish between civilians and combatants and use proportionate force: the harm to civilian persons or infrastructure must not be greater than is justified by the military value of the target. International law also prohibits collective punishment (Fourth Geneva Convention, Article 33). But at times, Israeli military doctrine has openly flouted these principles. The Israeli military has been following what is called the "Dahiya doctrine", named for a neighborhood in south Beirut heavily bombed in 2006. The doctrine specifically calls for the use of disproportionate force against threats, regardless of the consequences for civilians. These strikes aim only secondarily at hitting the enemy's capacity to launch rockets or other attacks. The main goal is to inflict lasting damage, no matter the civilian consequences, as a future deterrent. ("The Punishing Military Doctrine that Israel may be following in Gaza", WASHINGTON POST, 10 November 2023). Sources in the Israeli military list three types of targets: tactical ones (missile launchers, weapons warehouses etc.), the family homes of enemy operatives and "power targets". The latter include high rises and residential towers in the heart of cities, public buildings, such as universities, banks and government offices, and other sites important to the civilian population. But "power targets" usually do not have a military value that would justify the attack. "The idea behind hitting such targets, say three intelligence sources who were involved in planning or conducting strikes on power targets in the past, is that a deliberate attack on Palestinian society will exert `civil pressure' on Hamas..(S)triking the target functions primarily as a means that allows damage to civil society... damage to civilians is the real purpose of the attacks ... (A) deliberately disproportionate attack (is) designed to punish, humiliate and terrorize a civilian population, indirectly to reduce its local economic capacity both to work and to provide for itself, and to force upon it an ever increasing sense of dependency and vulnerability ... (According to the Dahiya doctrine), Israel must use disproportionate and overwhelming force while targeting civilian and government infrastructure in order to establish deterrence and force the civilian population to pressure these groups to end their attacks." ("A Mass Assassination Factory: Inside Israel's Calculated Bombing of Gaza", 972+ AND LOCAL CALL MAGAZINE, 30 November 2023. This is a well known online Israeli newspaper) Today, the Israeli government shows every sign of waging war against the entire population in Gaza and deliberately killing innocent people. The decision of the Defense Minister to cut off food, water, fuel and electricity to Gaza early in the war was directed against all the people, not Hamas. The same is true of Israeli attacks on bakeries, desalination plants, sewage treatment plants and agricultural land and property, as well as the destruction of half of all the residential housing units in Gaza and the displacement of 85% of the population. None of that can be explained by Hamas's alleged "human shielding". Israeli claims that it attacks hospitals and ambulances only because Hamas uses them. But it has made that kind of claim many times before and has been caught lying about it. The idea that an ambulance run by Doctors without Borders would be attacked for this reason strains credulity. "An ambulance leaving the hospital was fired upon, causing a discharged patient to be readmitted, MSF said, adding that the woman was undergoing surgery. `Attacks on hospitals and ambulances kill. Blocking ambulances kills. This must stop now,' MSF said" ( Washington Post Live Updates, 14 December 2023. MSF=Medecins Sans Frontiers or Doctors without Borders. Cf. "Wounded in the Field: Impeding Medical Treatment and Firing at Ambulances by IDF Soldiers in the Occupied Territories", B'TSELEM: ISRAELI INFORMATION CENTER FOR HUMAN RIGHTS IN THE OCCUPIED TERRITORIES, 14 March 2002. P 23: The Israeli army claimed at that time to have detained a terrorist who was disguised as a doctor in an ambulance. But the human rights group investigated and discovered that he was in fact a doctor, and the Israeli military spokesman was forced to admit the truth. The army could never produce any evidence to back up its claim of terrorist use of ambulances, according to this report.) In their rage over the atrocity committed against at least 1,200 innocent people on 7 October, Israel's leaders, with the support of the bulk of the population, are deliberately attacking innocent Palestinians today. They are not dealing with an "existential threat". A 30,000 strong militia cannot "destroy" the State of Israel. But they are treating an entire population as a mortal enemy. The Defense Minister has described them as "animals in human form". It is essential to note that this tendency to dehumanize the Other and to support and justify attacks on the innocent is not a uniquely Israeli depravity. It is an ugliness that can befall all people who have experienced unspeakable violence. The same ugliness has overtaken the Palestinian people, as the poll mentioned in the AP story cited above indicates. But we as Americans should not abet this destructive attitude or succumb to it ourselves. So far, Israeli attacks have claimed the lives of at least 19,000 people in Gaza, with many others still buried under the rubble. The vast majority of the dead and injured are innocent civilians and thousands of them are children. UNICEF has called Gaza the most dangerous place in the world to be a child. People have been uprooted and driven to the point of starvation. Food, water, fuel and medicine are in desperately short supply. This is why the UN agency for refugees and all major humanitarian organizations operating in the area are calling for a ceasefire now. Lately, President Biden has been taking note of the excessive harm done to civilians in Gaza and has been trying to get Israel to restrain itself, without apparent success. He has warned recently that, with its indiscriminate attacks, Israel is losing support in the international community. That is very true. But Israel's isolation in the world has also become America's isolation. On 9 December, the US cast the sole vote against a ceasefire resolution in the Security Council. But the resolution that it vetoed went on to be passed overwhelming by the General Assembly, 153-10. Unfortunately, General Assembly resolutions, unlike those of the Security Council, are not legally binding. The President's calls for restraint are simply not enough, because at the same time he has publicly endorsed Israel's objective of continuing the war until Hamas is eliminated. But as we have seen, this objective is not realistic. Our commitment to Israel's war is thus open-ended and, I would argue, very dangerous to our national interests. We are expected to go along with Israel, however long it takes and however much destruction it perpetrates against Gaza, until it satisfies itself that it has reached something resembling its elusive definition of success. How will it ever know that it has destroyed Hamas instead of just driving it underground, to later menace its occupying army and take more spectacular revenge on Israeli citizens? Israel expects unconditional support from the US, whatever the cost. But that is a price that we as Americans must not be expected to pay. The isolation of the US, amid rising world anger about the carnage in Gaza, should be deeply troubling to all of us, especially to people in our community, who have so many international connections. The State Department, as you know, regularly issues travel advisories, strongly recommending that Americans not travel to certain troubled areas of the world. Don't take a vacation holiday in eastern Congo, for example, where war has been raging, off and on, since 1998. But recently we have seen something very rare: the State Department has issued what is in effect a global travel advisory for Americans. "This warning impacts all Americans traveling abroad, even outside the Middle East". We are called upon to be wary everywhere we go, because of the anger and hatred the Gaza war has aroused against America as Israel's enabler. ("What to know about the State Department's World Wide Travel Advisory", USA TODAY, 24 October 2023). The longer this war goes on, the greater the chance that it will escalate, involving still more countries and battle theaters and possibly terrorist attacks against Americans. It will not make Israelis any safer in the long run, but rather less safe. And it is making all Americans dramatically less safe right now. The City of Iowa City can accomplish much good by joining other cities across the nation in calling for an immediate and permanent ceasefire. A Council resolution will show that we care. Iowa City travelers abroad and hosts of international visitors here will be able to say that we do not go along with what the American government is doing. A resolution will help to reaffirm the good name and reputation of the American people abroad. A Council resolution will help build grassroots support in the country for an end to the cycle of violence in the Middle East and a return to diplomacy. Together with others around the country, our resolution will help shut down the extravagant US arms pipeline to Israel which, while bringing unimaginable suffering to Palestinians, has never achieved the lasting security that the Israeli people deserve. It will also add our voice in support of the political forces in our country and in Israel which are seeking to isolate the current extremist Israeli government and to promote a more moderate alternative. Only thus can we build a future that both Israelis and Palestinians can believe in. I, as a citizen of Iowa City, therefore ask you to pass a resolution with the following key elements > that the City of Iowa City supports US House Resolution 786 for an immediate and permanent ceasefire, together with the return of all Israeli hostages in Gaza and the release of all Palestinian prisoners held without charge, in administrative detention in Israel. Humanitarian "pauses' are not enough, because humanitarian relief organizations tell us that aid will be in effect undeliverable to most people unless there is a permanent ceasefire. > that we call for an immediate and unconditional release of humanitarian aid to Gaza to address the dire emergency there; > that we call for Congress to reject President Biden's proposed $14.3 billion military aid package to Israel and to end armament sales/transfers to Israel that are in violation of the US Arms Export Control Act, which prohibits the supply of US arms to countries likely to engage in a pattern of human rights violations; > that the Council clearly states that, as critical dialogue on such an important issue is essential, even though it is emotionally fraught and can provoke strong disagreements among our people, criticism of Israel must not be stigmatized or treated as if it were inherently antisemitic. People on opposite sides of the issue should endeavor to treat each other with civility and mutual respect, keep their distance at public demonstrations, and not engage in threats, intimidation or bullying. > that the Council reaffirms the unshakable position of our City, that we will fight all instances of prejudice related to this issue: antisemitism, anti -Palestinian and anti -Arab racism, and Islamophobia. Iowa City is a city open to the world, a UNESCO world city of literature, a meeting place for a dazzling variety of peoples and cultures from around the globe, a city proud of its commitment to diversity, tolerance, free inquiry, open dialogue, and mutual understanding. It is time for us to take a stand for peace. I am confident that you, our elected City Council, will rise to this occasion, speak forthrightly and valiantly on our behalf and meet the demands of this hour. Thank you. Sincerely yours, Jason Weeks 1032 North Dodge Street Iowa City, Iowa 52245 PRESENTATION TO FOLLOW: By: Deema Totah Item: 11.c CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org �5�,��aeosrs`B� I MMUNITV 2Ap.NS F&�A0 pNPB 161 Orzanizations • Iowa City Action for Palestine • Corridor Community Action Network • Veterans for Peace Chapter #161 • Jewish Voice for Peace - Eastern Iowa • Artivists of Iowa • UI White Coats for Black Lives • Peace by Peace • Wesley Center • Iowans for Palestine • First United Methodist Church and Wesley Foundation of Iowa City • Iowa City Democratic Socialists of America • Arab -American Caucus of Iowa Democratic Party • People for Justice in Palestine (PJP) • Jews in Solidarity with Palestine • Unity Committee of UE Local 896/COGS • COGS UE 896 • Students for Justice in Palestine, Iowa City • Sanctuary Community Church • Teamsters Local 238 • The LGBTQ Iowa Archives and Library Rev. 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Paulson loannis Alexakis Ann Saba Laura Crossett Grace Lee Adrian Sandersfeld Brian Gryzlak Aloysius Harmon David LaDuke Petri Mae Heather Steckler Amal R Bellona Allou Zachary Morris Jacob Payne Steve Manner Sharon Bevans Treloar Madeline Abu-Nameh Elizabeth O'Saurus Maisaa Abudagga Kelsey Harrington Dania Ajam Casey Harwood Lush is Anson Audrey Messinger Molly Miller Jenny Kula Nasim Abu -Dagga Rami Abu Hijleh Pam Ries Osama Saba Arron Wings Jerry Harrington Ember Boes Leslie Shwalm Cath Poe Nancy Hitchon Deborah Hannen Yasmine Ramadan Devan Baty Kalmia Strong Rima Afifi Maxwell O'Saurus Tyler Ata Natalie McClellan Suzanne Stock Linda Kroon Pat Dolan Melanie Von Spreecken David Gooblar Dina AI-Zubeidi Miriam Gilberg Lex Letourneau Maya Altemeier Molly Gilroy Maher Josephson Nour Chanouha Maeve Reynen Scott Anson Ian Llorens Melvin Donaldson Sophia Strathearn Hebah Abudawaba Rudolf and Cecile Kuenzli McKinney Thoe Alyse Slaughter Moe A Ajam PRESENTATION TO FOLLOW: By: Newman Abuissa Item: 11.c —1. ®ark • wr®��� -•...� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org r rim mos, I CONGRESS CAN STOP 17' CALL YOUR REPS JONI ERNST CHUCK GRASSLEY, M, MILLER-MEEKS Item Number: 11.d. CITY OF IOWA CITY COUNCIL ACTION REPORT January 2, 2024 Resolution establishing Charter Review Commission Prepared By: Kellie Grace, City Clerk Reviewed By: Eric Goers, City Attorney Fiscal Impact: N/A Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Article VIII. Charter Amendments and Review Charter Review Commission Members 1973 to 2014 Resolution Executive Summary: Section 8.02 of the City Charter provides for the establishment of a Charter Review Commission at least once every ten years. The Commission must consist of at least nine members and may recommend any amendments it deems fit within 12 months. The Commission's recommendations are binding on the Council. The Council must submit the Commission's recommendations to the voters unless, on the Commission's recommendation, the Council amends the Charter by ordinance. A copy of Article VIII of the Charter is attached. Background /Analysis: The last Charter Review Commission was appointed on February 18, 2014. In the past, appointments to this Commission were handled similar to other Boards and Commissions, including a thirty day advertisement period and use of the City application form. The City Attorney and City Clerk will be staff assigned to the Commission. A resolution establishing the Charter Review Commission is included on your agenda, along with the announcement of vacancies. Appointments will need to be made no later than April 1, 2024. A list of previous Charter Review Commission members is also attached. 11/13/23, 2:03 PM export.amlegal.corn/api/export-requesWf773ff04-7eR14711-bd46-99e08de9ce42/down1oad/ Section 8.01. Charter Amendments. This charter may be amended only by one of the following methods: A. The council, by resolution, may submit a proposed amendment to the voters at a special city election, and the proposed amendment becomes effective when approved by a majority of those voting. B. The council, by ordinance, may amend the charter. However, within thirty (30) days of publication of the ordinance, if a petition valid under the provisions of section 362.4 of the code of Iowa is filed with the council, the council must submit the amending ordinance to the voters at a special city election, and the amendment does not become effective until approved by a majority of those voting. C. If a petition valid under the provisions of section 362.4 of the code of Iowa is filed with the council proposing an amendment to the charter, the council must submit the proposed amendment to the voters at a special city election, and the amendment becomes effective if approved by a majority of those voting. (Ord. 05-4152, 3-1-2005) Section 8.02. Charter Review Commission. The council, using the procedures prescribed in article V, shall establish a charter review commission at least once every ten years following the effective date of this charter. The commission, consisting of at least nine members, shall review the existing charter and may, within twelve months recommend any charter amendments that it deems fit to the council. The council shall either exercise its power of amendment pursuant to section 8.01 B of the charter on a matter recommended by the commission or submit such amendments to the voters in the form prescribed by the commission, and an amendment becomes effective when approved by a majority of those voting. (Ord. 05-4152, 3-1-2005) hltps://export.amlegal.coMapi/export-requests/f773ffO4-7af9-4711-bd4699e08de9ce42/download/ 1/1 Original Charter Commission 1973 Chair William Meardon Vice Chair Patricia Cain David Baldus Dale Welt (replaced Llyod Berger) Robert Corrigan Penny Davidsen Brad DeCounter James Knight Clayton Ringgenberg Charter Review Commission 1984 Chair John Balmer Patricia Cain Penny Davidsen Gary Goodwin Barry Matsumoto Joel Mintzer Clayton Ringgenberg Glenn Roberts Dale Welt Charter Review Commission 1994 Chair A. John McDonald Patt Cain Paul Egli Mary Geasland Jeff McCullough Kathy Penningroth Clayton Ringgenberg Anne Marie Rhodes Craig Willis Charter Review Commission 2004 Chair William Sueppel Andy Chappell Penny Davidsen John Balmer (replaced by Nate Green) Karen Kubby Vicki Lensing Naomi Novick Lynn Rowat Kevin Werner Charter Review Commission 2014 Chair Andy Chappell Steve Atkins Karrie Craig Karen Kubby Mark Schantz Melvin Shaw Anna Moyers Stone Adam Sullivan Dee Vanderhoef Prepared by: Kellie Grace, City Clerk 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041 Resolution No. 24-12 Resolution establishing Charter Review Commission Whereas, the City of Iowa City Charter become effective January 2,1976; and Whereas, the Charter provides that the City Council shall establish a Charter Review Commission at least once every ten years following the effective date of the Charter for the purpose of reviewing the Charter and recommending amendments; and Whereas, a Charter Review Commission was appointed in 1984, 1994, 2004, and 2014. Now, therefore be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. A Charter Review Commission is established. 2. The Charter Review Commission shall consist of at least nine (9) members to be appointed by the City Council. Members of other City boards and commissions may serve on the Charter Review Commission and must be residents of Iowa City. Member terms shall begin April 1, 2024 and end no later than April 1, 2025. 3. Applications for membership on the Charter Review Commission shall be announced, advertised, and available in the same manner as those of all City boards and commissions. 4. City Council may select the Chair. 5. The City Attorney and City Clerk, or their designees, shall staff the Charter Review Commission. 6. The report of the Charter Review Commission shall be presented to the City Council no later than April 1, 2025. 7. The responsibility of the Charter Review Commission is to review the Iowa City Charter as prescribed by Section 8.02 of the City Charter. 8. The Charter Review Commission shall determine the frequency and conduct of its meetings. The meetings will be open to the public in accordance with Chapter 21 of the Iowa Code. Passed and approved this 2nd day of January '2024. May r Resolution No. 24-12 Page 2 Attest: City Clerk Approved by G ' City Attorne s Office — 11/30/2023 It was moved by M,P and seconded by n„n„ the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus Dunn Harmsen Moe Salih Teague