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HomeMy WebLinkAbout2013-08-20 Resolution2c(13) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 13 -261 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license /permit, to wit: The Union Bar - 121 E. College Street The Summit Restaurant and Bar - 10 S. Clinton Street Passed and approved this 20th day of August , 2013 MAYOR ATTEST: CIT LERK Approved by City Attorney's Office It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: the AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne _ x Throgmorton Prepared by: Karen Jennings, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5025 RESOLUTION NO. 13 -262 RESOLUTION APPROVING THE APPOINTMENT OF JOHN GRIER AS FIRE CHIEF IN IOWA CITY, IOWA WHEREAS, the City of Iowa City, Iowa conducted a national recruitment for a new Fire Chief; and WHEREAS, the Civil Service Commission has certified the civil service list for the position of Fire Chief; and WHEREAS, in accordance with Section 4.04(A)(3) of the Iowa City Home Rule Charter and Section 400.13 of the Code of Iowa, the City Manager shall appoint the Chief of the Fire Department with the approval of the City Council; and WHEREAS, the City Manager has appointed John Grier as Fire Chief effective August 21, 2013, subject to approval of the City Council. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: the appointment of John Grier as Fire Chief in Iowa City, Iowa is hereby approved. Passed and approved this 20th day of August , 20 _13 _. .,.. -:. / ATTEST: CITY 'CLERK It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton w" `-� �! CITY OF IOWA CITY -era -� MEMORANDUM �� Date: August 8, 2013 To: City Council From: Tom Markus, City Manager Re: Appointment of Fire Chief Introduction: At their August 8, 2013 meeting and in accordance with state law, the Civil Service Commission certified John Grier for the position of Fire Chief. In further accordance with the City Charter, I have appointed John to the position of Fire Chief, subject to City Council approval. History/Background: In accordance with the recruitment process approved by the Iowa City Civil Service Commission at their April 30, 2013 meeting, City staff conducted a nationwide recruitment for Iowa City's Fire Chief, a vacancy resulting from Chief Andy Rocca's recent retirement. A detailed recruitment brochure (attached) was created along with a web page dedicated specifically to the Fire Chief recruitment. Application materials were accepted over a six -week period during which the position was advertised extensively through the National and State Fire Chiefs associations, various internet recruiting sites, social media, newspaper ads, the City's job notification subscription service, and direct mail to almost 300 firehouses located in urban Midwest population centers. Application materials were received by eighteen candidates. Following initial screening, five candidates were selected to participate in the interview process held on Thursday, July 11, 2013. The five selected candidates participated in two ninety minute interviews before five - person interview panels comprised of the City Manager, Assistant to the City Manager, Human Resources Administrator, First Assistant City Attorney, Deputy Fire Chief, Transportation Services Director, Senior Building Inspector, an Iowa City Civil Service Commissioner, a citizen representative and the Ames Fire Chief. Following the interviews, the candidates participated in a public meet and greet session held at the Iowa City /Johnson County Senior Center on the evening of JUly 11th which included a candidate feedback opportunity for members of the public. The field was then narrowed to two finalists who participated in a second interview with the City Manager, Assistant to the City Manager and Human Resources Administrator. Upon the completion of the process, I recommended that John Grier's name be forwarded to the Civil Service Commission for certification on the Fire Chief hiring list. Battalion Chief Grier is a twenty -one year veteran of the Iowa City Fire Department who has served as Iowa City's Fire Marshal since 2007. He brings excellent credentials to the position as detailed by his resume which you will find attached. The Civil Service Commission certified the hiring list at their August 8, 2013 meeting. Recommendation: I recommend that Council approve the appointment of John Grier to the position of Fire Chief, effective August 21, 2013. Attachments � r , VIII k Y��1�� __"L� CITY OF IOWA CITY Now seeking FIRE CHIEF The City of Iowa City is seeking an experienced administrator with ex- ceptional interpersonal skills and pro- gressive management experience to serve as its Fire Chief. Accredited by the Commission on Fire Accreditation International and guided by a strate- gic plan, the Iowa City Fire Depart- ment provides fire, medical, technical rescue, and hazardous materials emergency response to residents in the 27.9 square mile incorporated area of Iowa City, including the Uni- versity of Iowa main campus. For more information on the Iowa City community and Fire Department, please visit: www.icgov.org/firechief The Position The Fire Chief directs the operational, financial, personnel, and policy activities of the department. The Fire Chief will be responsible for an annual operating budget of $7.6 million and a staff of 65 permanent employees. Organized staff are represented by IAFF Local #610. Essential functions • Establishes all policies, procedures, and regulations for firefighting, emergency, operational, and prevention standards in compliance with all applicable laws and regulations. Develops and recommends all fire code regulations to Council for adoption. • Performs short- and long -range planning regarding departmental operations with respect to personnel, apparatus, equipment, and emergency operations. Supervises and directs the implementation of such goals, objectives, and plans. • Plans, develops, conducts, and supervises the operation of depart- mental in- service training of personnel. Plans and directs public ed- ucation, fire prevention, and community risk reduction programs. • Performs various public relations functions to include contact with the media, public, private organizations, schools, area fire depart- ments, and state and national organizations. ■ Prepares, coordinates, and monitors the annual budget and con- trols the expenditure of budgeted funds. Assists in the preparation of bids on major pieces of equipment and makes recommendations to the City Manager on Capital Improvement Program purchases regarding apparatus, equipment, advancements in technology, new stations, etc. ■ Supervises the inspections of buildings and other properties for fire hazards. Enforces fire prevention regulations and works to attain abatement of fire hazards. ■ Conducts briefings with chief officers to review daily work schedules and discuss staff activities. ■ Supervises the operations of the fire suppression program and co- ordinates activities with Johnson County fire officials. Supervises the operations of the emergency medical services program and coordi- nates activities with local ambulance services and hospitals. • Supervises the operations of the hazardous materials response pro- gram and coordinates activities with Johnson County officials. • Supervises the operations of the technical rescue program and co- ordinates activities with Johnson County fire officials. • Responds to major fire alarms and emergencies and exercises over- all supervision at the scene. • Participates in the operations of the Joint Emergency Communica- tions Center as a member of the User Advisory Committee. • Works with federal, state, and local law enforcement agencies in the investigation into cause, origin, and circumstances of fires. Candidate requirements • Bachelor's degree or equivalent in business, public administration, or fire science from an institution accredited by a DOE- recognized accreditation body required. • Master's degree in Public Administration or a relat- ed field from an institution accredited by a DOE rec- ognized accreditation body preferred. • Over seven years' experience in fire and rescue management required. • Valid Iowa Class D driver's license required within 60 days of appointment. • NFA executive Fire Officer and CPC (Commission on Professional Credentializing) Chief Fire Officer Des- ignation preferred. • Proven skills in fire service management, policy - planning, goal - setting, and employee supervision. • Must value diversity, respect differing views and opinions, understand the process of consensus - building, and be relied upon to provide his /her best professional recommendation at all times. • Must know how to achieve goals, anticipate prob- lems and barriers, and devise ways to work around or through them. Must be a motivator and leader to his /her staff and be candid and willing to advise the City Council and City staff in an honest and forthright fashion. • Must present self well to a wide range of audiences and be comfortable in a highly engaged community with a high education level. • Must interact well with other governing bodies and act in a positive fashion with the University and other local officials. • A criminal background check is required. • City residency is required within six months of ap- pointment. Compensation & benefits • SALARY SCHEDULE: Current range is $81,785 - $129,584. Salaries are reviewed annually by the City Manager and actual compensation for the Chief is based on merit, following a performance review. Starting salary to be negotiated. • MEDICAL INSURANCE: Provided for employees through Wellmark Blue Cross and Blue Shield. Em- ployees currently contribute $40 /month for single coverage and $70 /month ($75 /month effective 7/1/2013) for family coverage. • DENTAL INSURANCE: Delta Dental provided for em- ployees, with option to purchase for family. • SECTION 125 PLAN: A pre -tax Section 125 plan is offered for insurance premium conversion, medical spending accounts, and dependent care spending accounts. • LIFE INSURANCE: Coverage equal to annual salary is provided. Supplemental life insurance may be pur- chased for self and dependents. • SICK LEAVE: Accrued at one day per month. • VACATION: Accrued at one day per month for the first five years of employment. Accrual rates increase every five years. • HOLIDAYS: 11 holidays, 1 personal day each year. • LONGEVITY PAY: Longevity pay upon completion of five years of service with increases in five -year incre- ments. • DEFERRED COMPENSATION: Employees may volun- tarily join a deferred compensation program admin- istered by the City. • PENSION PLAN: To be negotiated. • AUTOMOBILE: The Chief is assigned an automobile for his /her 24 -hour use. Application and selection process Applicants shall submit a cover letter, resume, list of three professional references, and written responses to the Fire Chief Candidate questionnaire (download at www.icgov.org /firechief) by 5 p.m. on Friday, June 14, 2013. Select candi- dates will be interviewed by phone, video, or in Iowa City and will be required to complete a City of Iowa City employ- ment application. Following initial interviews, further interviews may be conducted with finalists. Materials should be directed to: Karen Jennings, Human Resources Administrator City of Iowa City 1 410 E. Washington Street I Iowa City, IA 52240 319.356.5025 orjobs @iowa - city.org The City of Iowa City considers applicants for all positions without regard to race, creed, color, sex, national origin, religion, age, sexual orientation, gender identity, marital status, mental or physical disability, genetic information, veteran status, or other class/ category protected by a federal, state, or local law, except where age, sex, or physical or mental ability constitute a bona fide occu- pational qualification necessary far job performance. Persons who are members of a protected class are encouraged to apply. The City of Iowa City is subject to the Iowa Smokefree Air Act. JOHN M. GRIER, .MS, EFO, .CFO 10 Bedford Court • Iowa City, lA 52240 - (h) 319- 354 -2812 • (c) 319 -321 -2812 - firegrier@yahoo.com PROFILE A motivated and detail- oriented .fire service leader with more than 22 years of progressively responsible public safety experience. An effective Chief Fire Officer with a solid background in effective organizational development, innovative problem solving, and top -notch customer service. An advocate of professional development and education with progressive skills in labor management collaboration and fostering interagency and public - private partnerships. EDUCATION Igvva Law Enforcement Officer Basic Level I Academy - December 2008 Iorwa Law Enforcement Academy, Johnston, IA Elected President of 224r Basic Training Class ■ Recipient of Woodard Award for Highest Scholastic Record l0aster of Science, Executive Fire Service Leadership • August 2006 dand_Canyon University, Phoenix, AZ Executive Fire Officer • July 2005 National Fire Academy, Ernrnitsburg, MD Bachelor of Science; Psychology • May 1986 University of Illinois, Urbana, IL Ongoing technical education courses completed in all facets of emergency medical service, fire service, and incident command/incident management. Highlighted certifications include: Fire Inspector Ii, Fire Service Instructor JI, Fire Officer II, Hazardous Materials Technician, and Special Operations Rescue Technician. PROFESSIONAL EXPERIENCE 1990-1992 EDGE SCOTT FIRE PROTECTION DISTRICT, Urbana, Illinois FIREFIGHTER, 1990'— 1992: Served as a volunteer fire fighter for one station viral /urban department. 1992 — Present IOWA CITY FIRE DEPARTMENT, Iowa City, Iowa FIRE MARSHAL, March 2007 — Present: Provide leadership in establishing and meeting regulatory and customer service goals for the fire prevention bureau emphasis areas of code development/enforcement, fire investigation and public education. As a principal member of the command staff, participate in the leadership of the fire department. Develop policies and guidelines, update' strategic plan, establish annual goals and objectives, and oversee fiscal resources. Provide technical assistance in developing and maintaining accreditation assessment documents and supporting materials. BATTALION CHIEF OPERATIONS, June 2006 -- March 2007: Performed advanced. supervisory and command functions in directing, coordinating, and monitoring department p- ersonnel. Was responsible for oversight and operation of the departiiient's emergency medical; fire, hazardous materials, and special operations rescue programs. Functioned as incident commander and managed resource needs under emergency conditions. Assisted in development of the budget and made recommendations for purchase. FIRE CAPTAIN, December 2001 — June 2006: Coordinated and provided direct supervision of four fire companies operating from E A three fire stations. Trained and drilled personnel in all areas of response in accordance .. with department goals, policies, and guidelines. Developed the Passport Training Program to increase .department members' retention of knowledge, skills and .; abilities. Served as coordinator of the ,department Special Operations Response Team. Functioned as incident commander and managed resource needs in absence of battalion chief. . . .........FIRE. LIEUTENANTMat6 1996..^ Decetimber 2001.. _ ....... ............................ .. _. Provided. direct oversight of a single engine company. Managed day -to -day operations ��. including response to calls for service, apparatus and facility maintenance , and training, F Functioned as incident commander and managed 'resource needs in absence of superior officer. Served as shift EMS coordinator, Elected to Executive Board of Johnson County Hazardous Materials Response Team, served as finance officer, medical officer, and training officer. FIREFIGHTER, August 1992 - March 1996: Duties included providing emergency medical care, firefighting services, and operation and maintenance of emergency apparatus. Served as accreditation committee charter member and assisted with initial self-assessment manual review. 1994 — Present JOHNSON COUNTY AMBULANCE SERVICE, Iowa City; Iowa PARAMEDIC: Serve as staff paramedic responsible for providing advanced level pre - hospital care to residents and visitors of Johnson County. 1996 — .Present IOWA FIRE SERVICE TRAINING BUREAU, Ames, Iowa FIELD STAFF. Currently inactive. Provided instruction of hands -on- training courses related to fire fighter survival, fire tactics, and EMS topics. 1997 — Present KIRKWOOD COMMUNITY COLLEGE, Cedar Rapids, Iowa AD.IUNCT FACULTY.• Provide instruction andperform skill evaluations for all levels of emergency medical services training curriculum. 2 John M. Grier 2012 �. Present. IOWA ALL HAZARD INCIDENT MANAGEMENT TEAM, Johnston, Iowa MEMBER; Perform assigned duties as.part of a multi- agency, multi jurisdictional team, activated to support incident management at large or complex incidents, disasters or special events. Actively participate in advanced all hazards incident management training courses. CREDENTIALS ■ ; Certified Fire and Explosion Investigator = National Association of Fire:Investigators ■ certified Fire Investigator • International Association of Arson Investigators ■ :Chief Fire. Officer (CFO) Designation • Center for Public Safety Excellence ■ :l xecutive Fire Officer (EFO) Designation •. United States Fire Administration ■ Iowa Peace Officer .Certification Iowa Law Enforcement Academy ■ Paramedic Certification - Iowa Department;of Public Health Bureau of EMS ORGANIZATIONS &AFFILIATIONS l<. Center l'or.Public Safety Excellence -Accreditation Team Peer Assessor !6.. Fraternal Order of Eagles - Member. I Fraterrt of Phi Gamma Delta University of Iowa- President p Board of Chapter Advisors %. Internati nal Association of Arson Investigators - Member • • Jnternational Association of Fire Chiefs — Missouri Valley Division, Fire & Life Safety - Section Member ■ International.Association of Fire Fighters - Retired Member ■ Iowa Association of Professional Fire Fighters • Retired Member /Former Executive Board Member ■ Iowa Chapter, International Association of Arson Investigators - Executive Board Member ■ Iowa City Babe Ruth Baseball . Coach ■ Iowa City Chamber of Commerce Community Leadership Program • Alumni ■ Iowa City Kickers Soccer - Coach ■ Iowa Fire Chief's Association • Member ■ Iowa Fire Fighters Association • Member ■ Iowa Fire Marshals Association Member/Former Executive Board Member • Iowa Society.of Fire Service Instructors:- Former Executive Board Member ■ Johnson County EMS 'Associati fi Membex/F6kmdr Executive Board Member ■ Johnson County Medical Reserve Corp - Member _ • Kaplan University Advisory Committee (Cedar Rapids Campus) • Member • National Fire Academy Alumni Association • Member • National Association of Fire Investigators • Member • National Fire Protection Association - Member • National Society of Executive Fire Officers - Member ■ Quad City Fire Marshals Association --Member 3 John M. Grier 0,?,d(`�) Prepared by: Jason Reichart, Special Projects Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5416 RESOLUTION NO. 13 -263 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT #2 TO THE JUNE 30, 2009 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND MMS CONSULTANTS, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE WEST SIDE LEVEE PROJECT. WHEREAS, the City of Iowa City entered into a contract for consulting services with MMS Consultants, Inc., of Iowa City, Iowa, on June 30, 2009 to prepare preliminary and final design drawings and specifications for a flood control levee and necessary appurtenances; and WHEREAS, MMS Consultants, Inc. has completed the preliminary and final design of the West Side Levee Project; and WHEREAS, the CITY desires to broaden the scope of services to be performed by MMS Consultants, Inc. to include field based consultant services to assist the CITY in implementing the construction contract; and WHEREAS, the City of Iowa City has negotiated Amendment #2 to the June 30, 2009 Agreement for said consulting services with MMS Consultants, Inc., to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with MMS Consultants, Inc.; and WHEREAS, funds for this project are available in the West Side Levee account # 3961 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Amendment #2 to the Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Amendment #2 to the Consultant's Agreement. Passed and approved this 20th day of August , 20_la_. MAYOR Ap roved by Ar ATTEST:�7 el CITY RK City Attorney's Office pwengMastersXRes- ConsultAgt.doe Resolution No. 13 -263 Page 2 It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: Mims the ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton CONSULTANT AGREEMENT WEST SIDE LEVEE PROJECT AMENDMENT NO. 2 THIS AMENDMENT No. 2 to the June 30, 2009, CONSULTANT AGREEMENT for the West Side Levee Project, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY and MMS Consultants,. Inc., of Iowa City, Iowa hereinafter referred to as the CONSULTANT, is made and entered into this Zak day of A4rc,_sf- , 2© i3 WHEREAS, the CITY desires to broaden the scope of services to be performed by the CONSULTANT for the West Side Levee Project; and WHEREAS, the CONSULTANT shall provide office and field based consultant services to assist the CITY in implementing the construction contract; and WHEREAS, the CONSULTANT is willing to perform these additional services for an increase in their fee and extension of the schedule for completion. NOW THEREFORE, it is agreed by and between the parties hereto that the parties do now agree to the following amendments to the June 30, 2009 Consultant Agreement: I. Section I. SCOPE OF SERVICES: A. Task D — Construction Phase Services 1. Attend construction progress meetings. Attend meetings as requested by the city to answer contractor questions. 2. Review submittals and shop drawings submitted by the contractor. 3. Review RFIs submitted by the contractor. Prepare ITCs to answer contractor questions and to clarify the construction documents. Prepare change orders. 4. Review contractor pay requests. 5. Miscellaneous survey and staking to assist with the clearing and grubbing. 6. Site visits and construction oversight assistance. II. Section II. TIME OF COMPLETION: The Scope of Services stated in this Amendment No. 2 above shall be completed according to the following schedule: I.A. , Construction Phase Services November 15, 2014 III. Section III. COMPENSATION FOR SERVICES In consideration for the above - described change in the Scope of Services, Consultant's total lump sum fee is hereby amended to $273,360. This additional $56,600 in fees is based on hourly rates in Attachment 1 and summarized below: I.A. Construction Phase Services: $56,600 IV. All other provisions of the June 30, 2009, Consultant Agreement not specifically amended herein shall remain in full force and effect. - 1 - FOR THE CITY By: Matthew J. Hayek Title: Mayor Date: August 20, 2013 ATTEST: /____l- �•�r1�ls Marian K. Karr, City Clerk -2- FOR THE CONSULTANT By: . Title: Date: fz-1 Approved by: City A orney's Office r/ Date ATTACHMENT 1 MMS CONSULTANTS, INC. HOURLY RATES 2013 Rates All Departments Work Code Description Amount/Houl- 81 Administrative Assistant $56.00 82 Clerical $56.00 83 Clerical Support Specialist $40.00 86 Expert Witness $180.00 91 Senior Cad Techiclan $112.50 92 CAD Technician 1 $63.00 93 CAD Technician 11 $56.00 11 Engineer 1 $112.50 12 Engineer it $99.50 13 Engineer III $87.50 14 Engineer IV $76.00 41 Engineer Technician 1 $87.00 42 Engineer Technician Ii $74.50 43 Engineer Technician 111 $66.00 44 Engineer Technician IV $57.00 51 Geologist $75.50 52 Wetland Scientist $75.50 53 Soll/Wetland Technician $58.00 21 Landscape Arch 1 $112.50 22 Landscape Arch tl $96.00 23 Landscape Arch 111 $71.50 24 Landscape Arch IV $58.00 31 Land Surveyor 1 $112.50 32 Land Surveyor II $109.00 33 Land Surveyory III $84.00 45 Research Administrative Assistant $66.00 71 Survey Chief $109.00 72 Survey Tech 1 $83.00 73 Survey Tech II $61.00 Tkirsday, Jwmary 10, 2013 Page I of I 008-20-13 CITY OF IOWA CITY 2d(2) MEMORANDUM Date: August 13, 2013 To: Tom Markus, City Manager From: Ron Knoche, City Engineer: Re: Amendment to Consultant Agreement for the West Side Levee Project Introduction: The August 20, 2013 City Council agenda includes a resolution relating to an amendment to the design of the West Side Levee Project. History /Background: The City of Iowa City entered into a contract for consulting services with MMS Consultants, Inc., of Iowa City, Iowa, on June 30, 2009 to prepare preliminary and final design drawings and specifications for a flood control levee and necessary appurtenances. During final design, the City received a Community Development Block Grant (CDBG) for the construction of the West Side Levee Project. On April 9th, 2013 Council awarded the construction contract to Iowa Bridge and Culvert, LC. Construction is scheduled to begin mid to late August. Discussion of Solutions: City Staff desires to broaden the scope of services to be performed by MMS Consultants, Inc. to include field based consultant services to assist the City in implementing the West Side Levee construction contract. MMS will review submittals and shop drawings, review and answer questions from contractors and clarify construction documents, attend construction progress meetings and provide oversight assistance, and review pay requests. Financial Impact: A not to exceed fee of $56,600 has been negotiated with MMS Consultants, Inc. for services performed beyond the original contract scope. The amendment is based on the original hourly fees and will be funded by CDBG funds. Recommendation: Staff recommends approving the amendment to the original West Side Levee Project Consultant Agreement. Prepared by: Dennis Gannon, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5142 RESOLUTION NO. 13 -264 RESOLUTION RESCINDING RESOLUTION NO. 13 -246 WHICH INCLUDED APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MOSS RIDGE ROAD PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, plans, specifications, form of contract and estimate of cost for the above -named project were approved for letting and a notice to bidders to fix time and place for receipt of bids was published; and WHEREAS, the City of Iowa City has canceled the bid letting for the Moss Ridge Road Project; and WHEREAS, in light of such cancellation, the Resolution No. 13 -246 should be rescinded. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. 13 -246 is hereby rescinded in its entirety Passed and approved this 20th day of August , 2013. I. .r ATTEST: City Clerk Approved by: jzt,./ 1 44914.1 City Attorney's Office,-I,, I a 2d(3) Resolution No. 13 -2 Page 2 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton NOTICE TO BIDDERS MOSS RIDGE ROAD PROJECT — HIGHWAY 1 TO MOSS RIDGE CAMPUS AT RAPID CREEK PRESERVE Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 13th day of August, 2013. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 20th day of August, 2013, or at special meeting called for that purpose. The Project will involve the following: 31 -foot wide new PCC Roadway approximately 2,100 -feet from Highway 1 to proposed Moss Ridge Campus at Rapid Creek Preserve Subdivision. Project also includes Highway 1 improvements, 8 -ft walk, traffic signals and interconnect, sanitary sewer, water main, stormwater system, and detention basin renovations. All work is to be done in strict compliance with the plans and specifications prepared by Shive- Hattery, Inc., of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred 112327 -1 AF -1 percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Stage 1 of Phase 1 shall be complete by November 15, 2013, Stage 2 of Phase 1 shall begin no earlier than March 3, 2014. Phase 2 shall begin no earlier than September 16, 2013. The Work must commence within 14 calendar days of the date of the Notice to Proceed, and must be completed within 115 working days. Liquidated Damages: $500 per working day. The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of City of Iowa City, City Engineer's office, by bona fide bidders. A $50 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281 -5796 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive 112327 -1 AF -2 technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa, MARIAN K. KARR, CITY CLERK 112327 -1 AF -3 ,2-(j Cv) Prepared by: Michael Moran, Parks & Recreation Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5104 RESOLUTION NO. 13 -265 RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS TO ADD NEWLY ESTABLISHED FEES AND CHARGES AND RESCINDING AND REPEALING RESOLUTION NUMBER 12 -527 PREVIOUSLY ESTABLISHING SAID FEES AND CHARGES WHEREAS, the City Code provides that, "Upon recommendation of the Parks and Recreation Commission, all Parks and Recreation fees shall be established by City Council resolution'; and WHEREAS, since Resolution Number 12 -527 previously established the fees and charges for Parks and Recreations services, some fees have been newly established for the rental of the Ned Ashton House and the Terry Trueblood Park Lodge along with establishing parking fees for vehicle parking in lower City Park; and WHEREAS, the Parks and Recreation Commission has reviewed these fees and is recommending implementation in FY14 along with tentative increases for FY15 and FY16; and WHEREAS, it is in the public interest to review and occasionally revise said fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the schedule of fees and charges for parks and recreation programming and long -term parking as approved by the Parks and Recreation Commission on August 14, 2013 and attached hereto, be adopted for FY14 and Resolution Number 12 -527 previously establishing said Parks and Recreation fees and charges for FY13 is hereby rescinded and repealed. Passed and approved this 20th day of August 2013 ATTEST: 22k",1. 9C CITYttERK Y • Il. MAYOR - • • r - • � It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x x Mims the Resolution be ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton C d O. 0 U p c o a 4 L' K C U c d Y A a 0 0 O O O O 0 0 O ONO O O O O 0 0 O x': o O O O O 10O O O v ma 10 N O 10 10 W O M O I� O y 0 1p O o V# 10 - cD M W Y h N V M N M I M N ••• M N O U N O W O O W Y W.O O O W O N O@ O V M (O W «l O N O Y 10 r M 10 O ��vViRI r r N N 10 Nv� M thv �M vv vv ���� O O O O O O cc : 0 0' 0 0 0 O O O O O O 0 0 0 0 ma O O 10 G O mw 1p O m O h O 1vj M O 1q O 41 N o ¢J (O N M tp N N l0 M N O in N U bw O A O O m V 0 0 0 O pp O N N O@ O N M W N O W O V 10 � 10 - O W r r. V N N V N O M W. qVq �N� M .. vM 1��VN O O 00 O O on O ONO O O O O 0 0 O O 00 00 100 0. 0 N O�-O YI O O O OO�p O O 10 O O O O 10 m N O OI4. 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U m m m as 00 N N N fp W M M N N . a N J E E N (7U LLD dm N 0000 `;:3E o0i° • af -Ew gaoa N N 0 3= O co 0 r 05 h M M M r r V V J J CITY OF IOWA CITY �r j� MEMORANDUM 2d4 Date: August 15, 2013 To: Tom Markus, City Manager From: Michael Moran, Director of Parks and Recreation Re: Resolution Establishing a Revised Schedule of Fees and Charges for Parks and Recreation Services and Programs to Add Newly Established Fees and Charges and Rescinding and Repealing Resolution Number 12 -257 Previously Establishing Said Fees and Charges. Introduction: This resolution will amend the fees and charges for the department, adding rental fees for the Park Lodge at the Terry Trueblood Recreation Area, Ashton House and vehicle parking in lower City Park. History/Background: Fees for the Department are established by resolution; this action will amend the most recent fee approval for the addition of rental fees for the Park Lodge at the Terry Trueblood Recreation Area, the Ned Ashton House and establish permit fees for automobile parking in City Park. Discussion of Solution: In order to recover costs associated with these facilities, rent must be established for protection of the facility, to generate a revenue source and to recover costs associated with the operation of the facilities. Parking has been requested by the contractor at the Hancher Auditorium site for Lower City Park. Financial Impact: These fees will help to offset on -going operational costs of the facilities and establish fee history for the future. Recommendation: Approve the resolution. � CITY OF IOWA CITY 2e ..,y._ MEMORANDUM Date: August 13, 2013 To: Tom Markus, City Manager From: Michael Moran, Director of Parks and Recreation Re: Normandy Drive Introduction: This project will continue the renovation and re- building of the Normandy Drive area of Iowa City that was heavily impacted by the flood of 2008. Plantings, trails and landscaping will be done to restore the area into a green space as an extension of City Park for use by the neighborhood and the public. History /Background: After the flood of 2008, approximately 90 homes were purchased and razed with the use of CBDG and FEMA monies, which properties are to be used as park land. Neighborhood meetings were held over the past year to determine the extent of renovations and repairs to the area to convert it for use by the public. Discussion of Solution: FEMA mandates the amount and type of work that can be done in this area. No structures can be built and concentration will be on landscaping and repair of the grounds as well as the installation of permeable trails for use by the public as extensions of City Park and the Rocky Shore Drive trail systems. Recommendation: Approve the public hearing and begin the process of renovating this area of the community Fiscal Impact: The additional costs for this area will be on -going maintenance expense for the city's Parks and Recreation Department. This project is budgeted as CIP project #4178 for $409,000 and will be funded by GO Bonds. P red by: ichael Moran, Parks and Recreation, 220 S. Gilbert St., Iowa City, IA 52240, (319)356 -5104 RESOLUTION NO. RESOLUTION ETTING A PUBLIC HEARING FOR SEPTEMBER 3, 2013 ON PLANS, SP IF ATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE C N TRUCTION OF THE NORMANDY DRIVE RESTORATION PROJECT PHA E I, DIRECTING CITY CLERK TO PUBLISH NOTICE OF AID HEARING, AND IkECTING THE CITY ENGINEER TO PLACE SAID CLANS ON FILE FOR PU&I'C INSPECTION. / WHEREAS, the Normandy D ' area was heavily impacted by the flood o� acquisition and demolition of ap oximately ninety (90) homes in the area n( WHEREAS, the acquired properti require soil restoration, trails, plantings become usable green space for the ighborhood and the pub7unt d WHEREAS, funds for this project are ilable in the CIP acc 4178. BE IT RESOLVED BY THE COUNCIL O , HE CITY OF OWA CITY, IOWA: 1. That a public hearing on the plans for the construction of the above - September, 2013, at 7:00 p.m. in the said meeting is cancelled, at the nex the City Clerk. / resulting in the and landscaping to itions, form of contract, and estimate of cost ,d project is to be held on the 3rd day of J. Harvat Hall, City Hall, Iowa City, Iowa, or if ig of the City Council thereafter as posted by 2. That the City Clerk is hereby au orized abd ire for the above -named project i a newspaaer u general circulation in the Cit , not less than\o said hearing. 3. That the copy of the p ns, specifications, fo construction of the ove -named project is Engineer in the offi of the City Clerk for public Passed and approved tto day of A CITY CLERK MAYOR cted to publish notice of the public hearing dished at least once weekly and having a (4) nor more than twenty (20) days before contract, and estimate of cost for the y ordered placed on file by the City 20 P -Al -/3 DEFEATED 8/20/2013 Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243 RESOLUTION NO. A RESOLUTION TO AMEND THE COMPREHENSIVE PLAN- SOUTHEAST DISTRICT PLAN TO CHANGE THE LAND -USE DESIGNATION FROM MULTI- FAMILY TO COMMERCIAL FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF MUSCATINE AVENUE AND SCOTT BOULEVARD. (CPA13 -00002) WHEREAS, 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, provides notification to the public regarding intended uses of land; and illustrates the long range growth area limit for the City; 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, John Hieronymus, the property owner, has requested that the land -use designation for the property located the northwest corner of the intersection of Muscatine Avenue and Scott Boulevard be changed from Multi - Family to Commercial; and WHEREAS, the Planning and Zoning Commission reviewed this amendment and determined that circumstances have not changed to the extent that an amendment to the Comprehensive Plan- Southeast District Plan is warranted; and WHEREAS, the City Council has reviewed the applicant's request and the Planning and Zoning;- Commission's recommendation and determined that an amendment to the Comprehensive Plan- Southeast District Plan is warranted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The land -use designation for 3.72 acres of property located the northwest comer of the intersection of Muscatine Avenue and Scott Boulevard shall be changed from Multi - Family to Commercial in the Iowa City Comprehensive Plan and the Southwest District Plan. Passed and approved this day of , 2013. MAYOR: ATTEST: CITY CLERK Approved by: *6 " ity Attorney's Office �llz14S DEFEATED 8/20/2013 Resolution No. Page It was moved by Dobyns and seconded by Resolution be adopted, and upon roll call there were: F314 313 NAYS: x x x x x x x Pavne the ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton 4k Prepared by: Kent Ralston, Assoc. Planner, 410 E. Washington St, Iowa City, IA 52240; 319- 356 -5253 (SUB12- 00014) ONSONESIM RESOLUTION NO. 13 -266 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WALDEN WOOD PART 10, IOWA CITY, IOWA. WHEREAS, the owner, Walden Wood Lot 79 LLC, filed with the City Clerk, an application for approval of the preliminary plat of Walden Wood Part 10, Iowa City, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA THAT: 1. The preliminary plat of Walden Wood Part 10, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 20 day ofAugusY 2013. MAYOR ATTEST: ���7 c C/'iyL & - /*W CITY MERK Approved by City Attorney's Office It was moved by nobyns and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: X X x X X— x X NAYS: S: \PCD \Staff Reports\2012 \SUB12 -00014 Walden Wood Pt 10 ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton �K STAFF REPORT To: Planning & Zoning Commission Prepared by: Kent Ralston Item: SUB12 -00014 Lot 79, Walden Wood Part 10 Date: July 24, 2013 GENERAL INFORMATION: Applicant: Southgate Development Company 755 Mormon Trek Boulevard P.O. Box 1907 Iowa City, IA 52244 -1907 Contact Person: Glenn Siders Phone: (319) 337 -4195 Requested Action: Preliminary Plat Approval Purpose: Development of residential townhouses Location: Lot fronts on both Walden Road and Mormon Trek Boulevard Size: 4.29 acres Existing Land Use and Zoning: RS12 Surrounding Land Use and Zoning: North: retirement home - OPD /RS -12 South: attached SF residential - OPD -8 East: utility substation - OPD -8 West: single family residential - OPD -8 Comprehensive Plan: Single family /duplex residential Southwest District Plan File Date: July 16, 2013 45 Day Limitation Period: August 30, 2013 BACKGROUND INFORMATION: Lot 79, Walden Wood Part 10 is a re- subdivision of Lot 79, Walden Wood Part 7 and is the last remaining parcel of undeveloped land within the Walden Wood subdivision, which has been developed in various stages since the early 1980's and contains a variety of single family and attached housing types. Lot 79 is an irregular parcel of land that slopes steeply from north to south and has limited frontage on two streets, Walden Road and Mormon Trek Boulevard. While the buildable portion of the property is only 200 to 300 feet in width from north to south, it extends approximately 700 feet from east to west. There is a 100 -foot wide gas pipeline easement that forms a 450 foot "dog leg" along the western edge of the property. Due to the sloping nature of the lot, storm water drainage has prompted neighborhood concerns. 2 In 2009 the applicant, Southgate Development, requested (and received) a rezoning from Medium Density Single Family Residential (RS -8) to High Density Single Family Residential (RS -12). The applicant requested RS -12 zoning in order to allow development of single family townhouses, which are to be clustered along the frontages of Walden Road and Mormon Trek Boulevard. This clustering will allow more open space on the interior of the lot to construct storm water detention facilities to improve drainage in the area. The applicant has chosen not to use the Good Neighbor Policy. ANALYSIS: Zoning: The subject property is currently zoned RS12. The parcel was rezoned in 2009 from Medium Density Single Family Residential (RS -8) to High Density Single Family Residential (RS- 12). The current zoning is consistent with surrounding neighborhood densities and allows for clustering of units along the Mormon Trek Boulevard and Walden Road frontages. No rezoning is currently proposed. Staff finds that the preliminary plat conforms to the RS -12 zoning requirement and the Conditional Zoning Agreement approved August 21st 2012 that requires general compliance with the concept plan submitted regarding lot configuration and layout, rear drive access to all of the units from Walden Road, no vehicular access drive allowed from Mormon Trek Boulevard, and provision of a minimum of six visitor parking spaces along the rear drive near the units that front on Mormon Trek Boulevard. Comprehensive Plan: The subject property is located in the Willow Creek Subarea of the Southwest Planning District of Iowa City. The Southwest District Plan indicates that this area is appropriate for single family and duplex residential. The plan mentions this property specifically given that it is one of several undeveloped parcels in the subarea. It states that the property "will require careful design due to its topographic conditions and the unusual shape and size." The applicant's preliminary plat addresses these difficulties with topography by providing a general concept where 18 residential units will be clustered along the Mormon Trek Boulevard and Walden Road frontages, thereby limiting the amount of paving and increasing the amount of open space available to manage storm water. The comprehensive plan also encourages compact infill development in proximity to neighborhood services. Residents of the development will have easy pedestrian access to Walden Square, a nearby neighborhood commercial area. Compatibility with neighborhood: Staff finds a number of positive aspects to the proposed preliminary plat: The proposed residential density is compatible with surrounding development. The surrounding neighborhood contains a mix of attached and detached single family dwellings. It allows development of townhouses, a popular and affordable housing type. RS -12 zoning contains standards for townhouse dwellings that require that main entrances face the street, which is one element that helps create a residential appearance along the street. Garages are required to be located behind the dwellings and accessed from a rear drive. 3 Environmentally sensitive areas: Although the subject property exhibits steep slopes, the grading plan shows that no more than 35% of the critical slopes will be disturbed — therefore a planned unit development rezoning is not necessary. Storm water management: As mentioned previously, drainage is a concern for this property due to the sloping topography and concerns raised by adjacent property owners. The City Engineer has approved a design with an on -site storm water detention basin with an outlet that connects (via an overland drainage swale) into the public storm sewer system. This 'overland' connection would be made utilizing a portion of the existing 100' MidAmerican gas easement. With respect to storm water issues on the subject site, the conditional zoning agreement established in 2009 (attached) specifically notes that at the time of development: 1. "the storm water management system will be designed and constructed in accordance with the design approved by the City Engineer, including the required detention and outlet criteria ". 2. "the storm water management system will be designed in a manner that will not exacerbate storm water drainage issues on adjacent properties ". The Engineering Department has indicated that the design shown on the preliminary plat meets the required detention and outlet criteria and may provide adjacent properties with some relief from existing drainage issues they experience. Traffic implications: The preliminary plat indicates that access to all the dwelling units will be from Walden Road. Staff supports this concept because it avoids additional driveways onto Mormon Trek Boulevard, an arterial street. Given the compact lot configuration and the lack of on- street parking along Mormon Trek Boulevard, the applicant has provided six visitor parking spaces along the private drive in a location convenient to the units along Mormon Trek Boulevard. Staff views this arrangement as positive given the lack of available on- street parking accessible to the development. This arrangement also complies with a conditional zoning agreement established in 2009. Provisions for emergency access and a turn - around for emergency vehicles have been provided. Neighborhood open space or fees in lieu of: The developer has offered to dedicate a portion of the lot including the MidAmerican gas pipeline easement to meet open space requirements. However, the steepness of the area makes it unsuitable for neighborhood open space. Staff agrees that the City should collect fees in lieu of dedication. As applied to this property the developer will need to pay the value of the equivalent to 12,295 sq. ft. of land. Infrastructure fees: The developer will be responsible for a $395 /acre water main extension fee and the value of the equivalent to 12,295 sq. ft. of land for open space upon approval of a final plat. RECOMMENDATION Staff recommends that SUB12- 00014, a request to approve a preliminary plat of approximately 4.29 acres of property be approved. ATTACHMENTS: 1. Location map 2. Preliminary plat 3. Conditional zoning agreement Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development Prepared by: Andrew Bassman, Planning Intern, PCD, 410 E. Washingkmi, Iowa City, IA 52240 (319) 356 -0230 (REZ09 -00003) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT Is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City'), and Walden Wood Lot 79 LLC (hereinafter "Owneel. WHEREAS, Owner is the legal title holder of approximately 4.29 acres of property located on Walden Road, west of Mormon Trek Boulevard; and WHEREAS, the Owner has requested rezoning of said property from Medium - Density Single- Family Residential (RS -8) zone to High- Density Single - Family Residential (RS -12) zone; and WHEREAS, the applicant has proposed townhouse - style, attached single family dwellings and has proposed clustering the dwellings along Mormon Trek Boulevard and Walden Road In order to provide dwellings that have a residential presence along the street frontages on this property that Is unusually shaped with limited street frontage; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that It complies with the Comprehensive Plan provided that any future subdivision plat substantially complies with the proposed lot layout with townhouse style, attached single - family dwellings that present an attractive residential appearance along the street frontages, a rear drive with access limited to Walden Road, adequate on -site visitor parking to prevent congestion along neighboring streets; and storm water management that meets approval of the City Engineer; and WHEREAS, Iowa Code §414.5, as amended, provides that the City of Iowa City may Impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, In order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property Is consistent with the Comprehensive Plan and the Southwest District Plan; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement C. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Southgate Development Company Is the legal title holder of the property legally described as LOT 79, WALDEN WOOD PART 7 IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; SAID PARCEL CONTAINING 4.29 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner acknowledges thatthe City wishes to ensure conformance to the principles of the Comprehensive Plan and the Southwest District Plan. Further, the patties acknowledge that Iowa Code §414.5, as amended, provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees) that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. At the time of development, the storm water management system will be designed and constructed M accordance with the design approved by the City Engineer, , Including the required detention and outlet criteria. b. At the time of development, the storm water management system will be designed In a manner that will not exacerbate storm water drainage issues on adjacent properties. c. Development will be in general compliance with the submitted concept plan regarding site layout, lot configuration, and building orientation. d. Vehicular access to all of the units shall be from a rear lane that connects to Walden Road. e. No direct vehicular access shall be allowed from Mormon Trek Boulevard. f. At the time of development, a minimum of sic visitor parking spaces will be provided along the rear lane near the units that front on Mormon Trek Boulevard and each dwelling unit shall Include a 2-car garage located behind the unit with access provided from the rear lane. 7. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5, as amended, and that said conditions satisfy public needs that are caused by the requested zoning change. 8. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 9. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force E and effect as a covenant with title to the land, unless or until released of record by the C fly of Iowa C ity. The parties further acknowledge that this agreement shall Inure to the benefit of and bind all successors, representatives, and assigns of the parties. 10. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be construed to relleve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 11. The parties agree that this Conditional Zoning Agreement shall be Incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorders Office at the Applicant's expense. .sr Aar.,&vr Dated this al � day of Jtq, 2012. CITY OF IOWA CITY WALDEN WOOD LOT 79 LLC �,� A Matthew Hayek, Mayor Attest: Maria . Karr, City Clerk App ove City Atto ey's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) By:Southgate Development Services, L.L.C. B . J seph T. Braverman, Presiden On this d) � day of Au(wv— , 2012, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are, the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Matthew J. Hayek and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corpomd rfly executed. SONDRAE FORT Commission Number 159781 �^ My Commission Expires —son" Fnrt .0 / ? Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This Instrument was acknowledged before me on the 4 day of July, 2012 by Joseph T. Braverman, President of Southgate Development Se ces, L.L.C., Manager of Walden Wood Lot 79 LLC. .r,.. 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L— ------ J 1 1 — — — — — — — — -- - — — — — — — — --- - - - - -- A ✓ .... ........... - ------------- -- - -- --- - --- - - --------- ------ 1,J -Af — — — pp 4---- - - -- -- - - - - - - - I I 1 \ I I \ I I 1 \ I I 1 \\ I I I \ I 9, Sill- �.—. jt I I 1 \ I I \ I I 1 \ I I 1 \\ I I I \ I Ypggik °��YYp s s eta 'per+ ffiu" aL�s ek ����'$ p a ��YRIM ----------- ►'` _- IU ; — N -060� s 9, .I 1 yy �I • �.—. jt Ypggik °��YYp s s eta 'per+ ffiu" aL�s ek ����'$ p a ��YRIM ----------- ►'` _- IU ; — N -060� s l; II All �� __- _ lniRSe1R4@peRRleleeE e!l7RteeeeleeRReeleR a ERR}!@¢R > - - -- 1`4t F 4 F Y^tt F - - - -1- _ -_" YrRtiett!leRaeYeeeee eeeeaalaeee 9, lie l; II All �� __- _ lniRSe1R4@peRRleleeE e!l7RteeeeleeRReeleR a ERR}!@¢R > - - -- 1`4t F 4 F Y^tt F - - - -1- _ -_" YrRtiett!leRaeYeeeee eeeeaalaeee Planning and Zoning Commission August 1, 2013 - Formal Page 11 of 16 Thomas said he reads the language of the Comprehensive Plan being pretty clear that if it's to be similar to the existing residential surrounding the property that would suggest single family residential. He said the densities would be similar to RM -12 and RS -12 would be a more appropriate starting point. Freerks said she it's pushing it to have that parcel full of townhouses. She said she doesn't think there are going to be single family homes on this lot. She said she thinks something a little more dense is appropriate, but she's not sure that multi - family is what they are looking for. Greenwood Hektoen advised the Commission to either withdraw the motion to approve and make a motion to defer, or they can take it on faith that this conversation will guide the next stage and approve it knowing that they have this conversation on the record. Thomas moved to withdraw the motion on the floor. Eastham concurred with the withdrawal. Eastham moved to defer this item until the August 15th meeting. Theobald seconded. Freerks said they want to make sure that whatever comes forward and the Commission finalizes is compatible with the Comprehensive Plan and multi - family structures might not be the best choice, but perhaps there is a way to work it in with Dodge Street Court. Thomas said he would encourage a good neighbor meeting. Eastham said because there may not be access to Dodge Street Court from this development perhaps it will necessitate some creativity to join the existing neighborhood with the new one. A vote was taken and the motion to defer carried 6 -0. Development Items: SUB12- 00014: Discussion of an application submitted by Southgate Development Company for a preliminary plat of Walden Wood Part 10, a 20 -lot, 4.29 -acre residential subdivision located on Walden Road. Ralston said this is the last remaining parcel of undeveloped land in the Walden Wood subdivision. He said staff finds that the preliminary plat conforms to the RS -12 zoning that the applicant currently has and meets the conditions of the Conditional Zoning Agreement, (CZA) by having a configuration that clusters the units along Mormon Trek Boulevard and Walden Road; providing no access onto Mormon Trek Boulevard; and has a provision of six visitor parking spaces along the north side of the private drive. He said the Southwest District Plan indicates that this area is appropriate for single family and duplex residential and specifically states that it will "require careful design due to its topography conditions and the unusual shape and size of the lot." Planning and Zoning Commission August 1, 2013 - Formal Page 12 of 16 Ralston said the subject area has some steep slopes and the grading plan shows that no more than thirty -five percent of the critical slopes will be disturbed. He said the City Engineer has designed a storm water management system with an on -site water detention basin that connects by pipe to an open swale that runs toward Rohret Road and then is caught by the City's storm water system. He said the City Engineer believes the design meets the requirements of the CZA, one of which is that the system not exacerbate storm water issues on adjacent properties. Ralston said the developer has offered to dedicate a portion of the lot to meet the open space requirements, but staff has agreed that because of so much unusable space with all the slopes, they recommend collecting fees instead. Ralston said there are no remaining deficiencies and staff is recommending approval of this plat. Eastham asked what recourse nearby property owners have if they believe that the design is not meeting its goal and if in five years what they see running through their yards indicates that the design and construction did not accomplish that goal. Greenwood Hektoen said they would make a complaint which would be investigated, and if it was founded, a municipal infraction or something of that nature could be issued, which is what happens in any other neighborhood of the city. Eastham asked if the City then has mechanisms to require that the storm water system be improved or altered. Greenwood Hektoen said it wouldn't be so much to change the design but the City would investigate to see if it's functioning in the way it's designed. Eastham asked what would happen if the City concluded that it wasn't functioning properly. Greenwood Hektoen said then action could be taken to require compliance with the design. Theobald asked how efficient and environmentally friendly a storm water system is that uses an open swale. Ralston said that the City Engineer would prefer to put it in a pipeline, but because of the slope and the grading they can't put a pipe in the area where the open swale will be. Theobald said there are several basins on the west side that end up just sitting there with no trees and grass, just collecting water and trash. Ralston said this would not be a very deep basin and it would be dry most of the time. Theobald said she doesn't think this empty expanse of lawn will be very attractive. She said her question is whether it's been explored updating what's being done on top of those basins, like plantings. Greenwood Hektoen said in response to Eastham's earlier question, it will have a subdividers' agreement that will impose that requirement and the City won't release the obligations of that agreement until it's assured that the basin has been established according to requirement and functioning properly. Thomas said with respect to the condition that the storm water system would not exacerbate drainage issues, he feels that at least establishes a base line by which to evaluate any future storm event. Ralston says he doesn't know if the City has any good, solid baselines. He agrees with Greenwood Hektoen that there are mechanisms in place to quantify to get a baseline. Thomas says he thinks they need a good understanding of existing conditions in order to evaluate its performance. Freerks opened public discussion Planning and Zoning Commission August 1, 2013 - Formal Page 13 of 16 Glenn Siders of Southgate Development Services said they have been working on this a long time, designing and redesigning. He said the developer and the City are satisfied, and they are ready to move forward with the final plat. Kevin Den Adel of 54 Coll Court asked what kind of maintenance this type of swale would need and for assurance about the obligation for maintenance. He wants to know how the swale will integrate with some drainage trenches in his back yard, during and after construction. Siders said this has been thoroughly studied and vetted by his engineers and surveyors and they are comfortable with the design. He said the homeowners' association will be responsible for maintenance, and those will be in the legal papers and reviewed. He said they will have conversation with the engineers about how best to plant the swale. Freerks said there has been a great deal of discussion about this, and it's in Sider's best interest to make this work. Siders agreed. E. Tony Kellems of 2432 Walden Court asked how wide the swale will be. Ralston said it will be between five and six feet wide. Siders said the depth of ditches will vary due to undulations of the ground but will be a minimum of five feet at the bottom and he doesn't know how wide at the top. Kellems asked how far to the west the swale will be. Ralston said he approximates twenty -five feet, but would have to defer to an engineer to be more specific about grading and changes in level. Kellems asked if there will be any trees put on the south side of the swale. He said they would need protection all along the south side of the subject property. He asked other technical questions that would need to be answered by an engineer. He said his concern is that they have had water coming into the homes where he lives, and they want to make sure that the problems have been corrected. He pointed out which houses have had water in them. Ralston said the City Engineer is satisfied with the plan, but it's actually the developer's engineers who put that plan together. Kellems asked for a dirt berm. Ralston that's something they would definitely work with the engineers on. Freerks closed public discussion. Eastham moved to recommend approval of SUB12- 00014, a preliminary plat of approximately 4.29 acres of Walden Wood Part 10, a 20 -lot, residential subdivision located at Walden Road. Martin seconded. Freerks said they have had much discussion about this property because of a number of issues in this area. She said it's a property that's been difficult to find solutions for development but she thinks they have something here that will be a nice addition to the area and perhaps even fix some of the issues that occurred when the other areas were developed. Eastham said this is a good example of how they can try to do planning and development, and it does attempt to accommodate the externalities of development in a way that's reasonable for Planning and Zoning Commission August 1, 2013 - Formal Page 14 of 16 the property owner and the nearby property owners. He said these designs are intended to protect the properties to the north and south and they will hopefully do that. Thomas said he agrees, but he does have some concerns about the properties in Walden Court, as south of the detention basin there will be water running down the slope toward Walden Court. He said he will have to rely on City staff to make sure those issues are addressed before this project is constructed. A vote was taken and the motion carried 6 -0. Freerks called for a short break. Freerks called the meeting back to order. SUB13- 00011: Discussion of an application submitted by Summit Ridge, LLC for a preliminary plat of Eastbrook Flats, a 1 -lot, 4.83 -acre residential subdivision located at the northeast corner of the intersection of Scott Boulevard and American Legion Road. Miklo said there is the need for a twenty -five foot construction easement along Scott Boulevard and American Legion Road and the applicant has agreed to put that on the plat. He said staff is recommending approval of this application. Freerks opened public discussion. Jesse Allen, the applicant, presented himself for questioning. Freerks closed public discussion. Eastham moved to recommend approval of SUB13 -00011 a preliminary plat fora 1 -lot, 4.83 acre residential subdivision located at the northeast corner of the intersection of Muscatine Avenue and Scott Boulevard. Martin seconded. A vote was taken and the motion carried 6 -0. SUB13- 00013: Discussion of an application submitted by Steve Kohli Construction, LC for a preliminary plat of Brookwood Pointe Third to Fifth Addition, a 61 -lot, 17.15 -acre residential subdivision located on Russell Drive and Terrapin Drive. Miklo said staff recommends approval. Eastham asked if there is a sidewalk access to Weatherby Park on the western part of this subdivision. Miklo said there is not because there is an intervening property. He said there will be access just to the west. Freerks opened public discussion. Marian Karr From: Erin Jordan <erinfjordan @gmail.com> Sent: Friday, August 16, 2013 11:37 AM To: Council Subject: Proposed subdivision on Walden Road Dear Iowa City Council, I want to express some concerns about a proposed subdivision, SUB 12- 00014, Lot 79, Walden Woods Part 10. It's my understanding there have been several attempts over the years to develop this 4.3 -acre parcel, which is irregular in size, steeply sloped and includes underground natural gas pipelines. It is a poor site for development, as the proposal admits. My primary concern is about the increased traffic on Walden Road, which has a tight curve and a fairly steep hill. Parking is allowed on part of the street and I have witnessed several occasions when cars coming from opposite directions have nearly collided coming around the corner. The proposal calls for 18 units, with those that are not owner occupied housing up to three people. So we're looking at 50 -some additional cars parked in this area and using one driveway at the tightest part of the curve on Walden Road. Down the hill, there are school bus stops and a lot of children who play outside before and after school. The proposed development will increase the danger for drivers and pedestrians. I know this proposal has already passed P &Z, but I hope the council will consider anew whether this development is worth the additional safety risks it will bring. Thank you. Erin Jordan 2710 Irving Ave. Development Item SUB12- 00014: Discussion of an application submitted by Southgate Development Company for a preliminary plat of Walden Wood Part 10, a 18 -lot, 4.29 -acre residential subdivision located on Walden Road. •1 � 1 1 , I 1 1 1 1 I 1 I 1 1 I 1 1 I 1 1 I 1 1 I - -I1 I i 1 , 'I I 1 j 1 _a I , 1 I , I 1 1 I I I -1 I , 1 1 l -J 1 1 I 1 I 1 1 I I ,• 1 1 1 I 1 I 11 1 1 I I I 1 I 1 I I I I 1 1 I r♦ y! 1 I 1 1 I ♦ �� I I 1 1 1 ♦ I 1 1 1 1 � I -- ----- - - - - -- I I 1 1 1 , 1 I S 1 � I 1 1 I I I / 1 1 r I I I I I I ------ - - - - - J 1 I 1 1 1 1 ♦r♦ I 1 , r I I I I 1 I 1 11 I �IW f -- 1 1 1 I I lip• I I � I I I I I 1 F - I 1 I 1 I 1 1 r - -- I I 1 /I ` i 1 1 1 I 1 I 1 1 I I I I / P o 41 Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington St, Iowa City, IA 52240; 319- 356 -5243 (SUB13 - 00011) RESOLUTION NO. 13 -267 RESOLUTION APPROVING THE PRELIMINARY PLAT OF EASTBROOK FLATS, IOWA CITY, IOWA. WHEREAS, the owner, Summit Ridge, LLC, filed with the City Clerk, an application for approval of the preliminary plat of Eastbrook Flats, Iowa City, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Eastbrook Flats, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this20 day of Au us�2013. ATTEST: CITY CLERK Approved by Aem"I&WI&64t City Attorney's Office 8 13 13 It was moved by Dobyns and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton slpcdlsub13 -00011 preliminary plat - resolution draft.doc 1�% To: Planning & Zoning Commission Item: SUB13 -00011 Eastbrook Flats GENERAL INFORMATION: STAFF REPORT Prepared by: Andrew Bassman, Planning Intern Date: July 18, 2013 Applicant: Summit Ridge, LLC P.O. Box 3474 Iowa City, Iowa 52244 319- 530 -8238 alien homesinc(a)-amail.com Contact Person: Duane Musser, MMS Consultants 1917 S. Gilbert Street Iowa City, Iowa 52240 319- 351 -8282 d.musser @mmsconsultants.net Property Owner: Sally Hall 3064 Newport Road Iowa City, Iowa 52240 Property Owner: Hieronymus Family Partnership LLP 3322 Muscatine Avenue Iowa City, Iowa 52240 Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Preliminary plat approval Development of a one -lot residential subdivision With one outlot Northeast corner of Muscatine Avenue -Scott Boulevard intersection 4.83 acres Residential and undeveloped, RM -12 North: Public, P1 (Scott Park) South: Residential, OPD /RS -12 East: Undeveloped, County -R West: Undeveloped, RM -12 Comprehensive Plan: Southeast District Plan: low- to medium - density multi - family residential (16 to 24 units per acre); and medium- to high- density single - family residential and townhouse (8 to 13 units per acre) File Date: June 27, 2013 45 Day Limitation Period: August 12, 2013 2 BACKGROUND INFORMATION: The applicant, Allen Homes, has submitted a preliminary plat for a one -lot, 4.83 -acre residential subdivision located at the northeast corner of American Legion Road and Scott Boulevard. The rezoning to RM -12 was approved subject to the following conditions: 1) Payment of fees for street improvement on American Legion Road; 2) Installation of an 8 -foot wide sidewalk (the City would pay for 3 feet of the required 8 -foot width) along the property's frontage with Scott Boulevard; 3) Installation of a temporary sidewalk along the property's frontage with American Legion Road until American Legion Road is reconstructed to City standards; 4) Installation of public right -of -way to City standards along the western property line of the property to be annexed; and 5) Approval of the development plan by the Design Review Committee. A north -south road, Eastbrook Drive will be constructed along the east property line and will serve the proposed subdivision. The road is designed in order to be extended to the east to serve future development, whenever it occurs, on land that is currently located in the county. The applicant has indicated that they have chosen not to use the "Good Neighbor Policy" and have not had discussions with neighborhood representatives. ANALYSIS: Zoning: RM -12 zoning is intended to provide opportunities for high- density, single - family units (such as duplexes and townhouses) and low- density multi - family units in order to promote a variety of housing options within a neighborhood. RM -12 zoning permits detached single - family and multi - family dwelling units and allows attached single - family and duplexes subject to provisions outlined in the zoning code. On this property RM -12 zoning allows up to 30 detached single - family units (9 units per acre), 51 duplex or attached single - family units (15 units per acre), or 59 multi - family units (15 units per acre). The development plan must be approved by the Design Review Committee, as specified in the Conditional Zoning Agreement attached to the subject properties. Compliance with Comprehensive Plan: The future land use map in the Southeast District Plan shows the north -south road along the east property line, as proposed in the plat, with a curve to be extended east, as a single - loaded street, to serve future development on adjacent property proposed for future annexation. Access and street design: All but one of the conditions for approval for the recent rezoning of the subject properties addressed vehicular and pedestrian access. The plat submitted by the applicant indicates that these conditions would be satisfied. The plat shows the installation of an 8 -foot wide sidewalk along Scott Boulevard and American Legion Road, and a public right -of- way (Eastbrook Drive) built to City standards along the eastern property line. The proposed Eastbrook Drive would end at the edge of the east property line in order to provide opportunity to extend a future road to serve the property to the east. This road extension is called for in the Southeast District Plan. The future road extension should be located to allow enough room for two tiers of lots (132 -feet deep) with an alley (20 -feet wide). The applicant has demonstrated that there is sufficient space avoid double fronting lots and to satisfy a 40 -foot setback requirement from American Legion PCD \Staff Reports %sub13 -00011 eastbrook flats.doc 3 Road. Environmentally Sensitive Areas: No regulated sensitive areas are present on the property. Neighborhood parkland or fees in lieu of: The open space requirement for the subject properties would be .277 acres (12,098 square feet). Given that Scott Park is located to the north of the subject properties, it is likely that Parks and Recreation Commission will recommend fees in lieu of parkland dedication. These fees will need to be addressed in the legal papers at the time of final plat approval. Storm water management: Storm water management is provided with the existing South Branch Ralston Creek Detention Facility, which is located in Scott Park just north of Eastbrook Flats. Infrastructure fees: Water main extension fees of $395 per acre will apply. There are no sanitary sewer tap -on fees for Eastbrook Flats. Fees for street improvements on American Legion Road, as specified in the CZA, are to be paid at the time of final plat approval. STAFF RECOMMENDATION: Staff recommends approval of SUB13- 00011, a request for preliminary plat approval of a one -lot, 4.83 -acre residential subdivision located at the northwest corner of the Muscatine Avenue -Scott Boulevard intersection. ATTACHMENTS: 1. Location Map 2. Plan or plat Approved by: 4 Robert Miklo, Senior Planner, Department of Planning and Community Development PCMStaff Reports \sub13 -00011 eastbrook flats.doc �3 V LL >- V O z �F pO� O� Lij o w5 co LU 3 � v LLJ ¢a n s 9 4w MJdid /?i_il S.filt K LO f' ¢¢ Z �U 55 j{t' it yjf Y �+ ADO Planning and Zoning Commission August 1, 2013 - Formal Page 14 of 16 the property owner and the nearby property owners. He said these designs are intended to protect the properties to the north and south and they will hopefully do that. Thomas said he agrees, but he does have some concerns about the properties in Walden Court, as south of the detention basin there will be water running down the slope toward Walden Court. He said he will have to rely on City staff to make sure those issues are addressed before this project is constructed. A vote was taken and the motion carried 6 -0. Freerks called for a short break. Freerks called the meeting back to order. SUB13- 00011: Discussion of an application submitted by Summit Ridge, LLC for a preliminary plat of Eastbrook Flats, a 1 -lot, 4.83 -acre residential subdivision located at the northeast corner of the intersection of Scott Boulevard and American Legion Road. Miklo said there is the need for a twenty -five foot construction easement along Scott Boulevard and American Legion Road and the applicant has agreed to put that on the plat. He said staff is recommending approval of this application. Freerks opened public discussion. Jesse Allen, the applicant, presented himself for questioning. Freerks closed public discussion. Eastham moved to recommend approval of SUB13 -00011 a preliminary plat for a 1 -lot, 4.83 acre residential subdivision located at the northeast corner of the intersection of Muscatine Avenue and Scott Boulevard. Martin seconded. A vote was taken and the motion carried 6 -0. SUB13- 00013: Discussion of an application submitted by Steve Kohli Construction, LC for a preliminary plat of Brookwood Pointe Third to Fifth Addition, a 61 -lot, 17.15 -acre residential subdivision located on Russell Drive and Terrapin Drive. Miklo said staff recommends approval. Eastham asked if there is a sidewalk access to Weatherby Park on the western part of this subdivision. Miklo said there is not because there is an intervening property. He said there will be access just to the west. Freerks opened public discussion. Development Item SUB13- 00011: Discussion of an application submitted by Summit Ridge, LLC for a preliminary plat of Eastbrook Flats, a 1 -lot, 4.83 - acre residential subdivision located at the northeast corner of the intersection of Scott Boulevard and American Legion Road. PRELIMINARY PLAT EASTBROOK FLATS + IOWA CITY, IOWA � gp� L, R Wr r r.. m- n -4sT3- 4m Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington St, Iowa City, IA 52240; 319 -356 -5243 (SUB13- 00013) - RESOLUTION NO. 13 -268 RESOLUTION APPROVING THE PRELIMINARY PLAT OF BROOKWOOD POINTE, THIRD TO FIFTH ADDITIONS, IOWA CITY, IOWA. WHEREAS, the owner, Steve Kohli Construction, LC, filed with the City Clerk, an application for approval of the preliminary plat of Brookwood Pointe, Third to Fifth Additions, Iowa City, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Brookwood Pointe, Third to Fifth Additions, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this20 day ofAu ust, 2013. ATTEST: , CITY VLERK MAYOI RA C Approved by �p/ ��" � X A(' a-kl City Attorney's Office 0/143 3 It was moved by trims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: �i x x X X X— NAYS: s\pcdlsub13 -00013 preliminary plat - resolution draft.doc ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton I iq. To: Planning and Zoning Commission Item: SUB13 -00013 Brookwood Pointe Third -Fifth Addition GENERAL INFORMATION: STAFF REPORT Prepared by: Andrew Bassman, Planning Intern Date: August 1, 2013 Applicant: Steve Kohli Construction, L.C. 3129 Dubuque Street NE Iowa City, IA 52240 319- 351 -5270 or 319- 936 -6880 Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning File Date: 60 Day Limitation Period: BACKGROUND INFORMATION: Preliminary plat Approval of Brookwood Pointe Third -Fifth Additions, a 61 -lot residential subdivision with one outlot North of Vesti Lane, west of Sycamore Street 17.15 acres Undeveloped, RS -5 North: residential, RS -5 South: residential, RS -8 East: residential, RS -5; public, P -1 West: undeveloped, OPD -5; public, P -1 July 5, 2013 August 19, 2013 In June 2005, this property was rezoned from Interim Development (ID -RS) to Low - Density Single- Family (RS -5) for the northern 10.92 acres and Medium - Density Single - Family (RS -8) for the southern 18.34 acres. At the same time, a preliminary plat of Brookwood Pointe, Additions 1- 4, was approved. Brookwood Pointe Additions 1-4 allowed for a 106 -lot residential subdivision. The final plat of Brookwood Pointe First Addition, a 26 -lot subdivision, was also approved in August 2005 and is now mostly developed. In June 2010, City Council approved a preliminary plat for Brookwood Pointe Second -Fifth Additions, an 81 -lot subdivision, subject to an agreement for extension of sanitary sewer to Sand Hill Estates at the time of final plat approval and approval of the City Engineer. The preliminary plat has since expired. Preliminary plats expire after 24 months unless the applicant seeks an extension from City Council. Inclusion of the expiration provision in the subdivision regulations helps ensure that subdivisions comply with any significant changes to City policies or regulations. The final plat for Brookwood Pointe Second Addition, a 20 -lot re- subdivision of Outlot B from the First Addition, was approved in March 2012 and is partially built out. The applicant is now seeking re- approval of the preliminary plat of Brookwood Pointe Third -Fifth Additions, a re- subdivision of Outlot A in Brookwood Pointe Second Addition. Brookwood Pointe Third -Fifth Additions include 61 lots with one outlot (12.31 -acre Outlot A, an existing storm water detention area). There is a Conditional Zoning Agreement that applies to the final plats of Brookwood Pointe Second -Fifth Additions requiring: 1. Contribution of $2,507.08 per acre toward the improvement of Sycamore Street at the time of final plat approval. 2. The construction of the storm water management facilities on Outlot A with the First Addition, which has already been completed. 3. An easement to facilitate construction of a sanitary sewer line from the South Pointe Subdivision to Sand Hill Estates, which was completed at the time of final plat approval for Brookwood Pointe Second Addition. 4. A minimum 20 -foot landscape buffer, planted with a mixture of coniferous and deciduous vegetation, for double- fronting lots on Sycamore Street. In conjunction with this buffer, the CZA specifies that any fencing be located at least 25 feet west of Sycamore Street. This restriction must be noted in the sub - divider's agreement and on the plat. ANALYSIS: With the exception of the phasing plan for each Addition, as discussed below, and completion of the Second Addition, the preliminary plat for Third -Fifth Additions is very similar to the preliminary plat for the Second -Fifth Additions approved in 2010 and in general conformance with current subdivision regulations. Street Design: Vehicular access to the Brookwood Pointe subdivision is provided by Sycamore Street to the east, and Terrapin Drive and Russell Drive to the north and south. The preliminary plat shows the proposed north -south connection of Russell Drive and continuation of Terrapin Drive to the west, which will intersect Russell Drive, curve north, intersect with Covered Wagon Drive, and end in a cul -de -sac. The proposed Ashlynd Court would also connect to Russell Drive, providing access to the northern portion of the proposed subdivision, and end in a cul -de -sac. While subdivision regulations typically discourage cul -de -sacs, it is Staffs view that the connection of Russell Drive and continuation of Terrapin Drive should create sufficient connectivity throughout the subdivision and from the subdivision to other nearby neighborhoods. In addition, the proposed street design adheres to the design depicted in the South District Plan's future land -use map. The Vesti Lane public right -of -way, connecting Sycamore Street to the proposed Russell Drive extension and completed during development of the Second Addition, is 50 -feet wide. The subdivision code, under which the 2005 version of Brookwood Pointe was approved, required 50- foot wide right -of -ways for local streets. The City's current subdivision code requires a 60 -foot wide right -of -way, providing additional space for sidewalks, utilities and street trees. Since Vesti Lane had already been started with a 50 -foot right -of -way, the applicant was allowed to continue building at the 50 -foot width. Vesti Lane ends at a "T" with the proposed Russell Drive extension. All of the other proposed streets would meet the 60 -foot requirement. Lots 77 and 78 are double- fronting lots along Sycamore Street. The subdivision regulations discourage such lots, but recognize the occasional inevitability of double frontage on arterial streets. Where such lots are unavoidable, design standards require lots with multiple frontages to be 125% of the required lot area for the zone. Lots 77 and 78 exceed this requirement. A minimum 20 -foot landscape buffer, planted with a mixture of coniferous and deciduous vegetation, is required for these double- fronting lots on Sycamore Street. In conjunction with this 3 buffer, the CZA specifies that any fencing be located at least 25 feet west of Sycamore Street. This restriction is noted on the plat. Phasing: The 2005 preliminary plat indicated that Second Addition would be located at the northwestern edge of the subdivision. The order of development was altered in the 2010 preliminary plat, which showed the Second Addition would occur in the middle of the subdivision along Vesti Lane and the Third Addition in the northwestern portion of the subdivision. Now the applicant is proposing that the Third Addition occur in the northeast portion of the subdivision along Ashlynd Court. On the current proposal, the northwest portion would be developed during the Fifth Addition. The 2005 preliminary plat for Brookwood Pointe phased development in a pattern that would have resulted in the installation of Covered Wagon Drive and extension of Terrapin Drive to the Sand Hill Estates subdivision, located to the west, as part of the Second Addition. This would have provided sanitary sewer access to the northeast part of Sand Hill Estates, which is currently undeveloped. With the proposed re- ordering of development, the installation of Covered Wagon Drive and extension of Terrapin Drive would not take place until the Fifth Addition. An agreement for a sanitary sewer, storm water and drainage easement was included in the legal papers for the Second Addition and is shown on the current proposal. Because of this agreement allowing for the provision of utilities to the west, Staff is not concerned with the reorder of the phases as proposed. Sensitive Areas: The subject property contains Hydric Soils, which may require basement sump pumps and street construction that allows proper drainage. The applicant has submitted a site grading and erosion control plan. The City Engineer is reviewing the site grading and erosion control plan. Existence of Hydric Soils does not necessitate Sensitive Areas Overlay and there are no other sensitive environmental features identified on the property. Storm water management: A part of the eastern portion of Brookwood Pointe utilizes the Sycamore Regional Storm Water System. In lieu of providing storm water management within this part of the subdivision, the developer is required to pay a fee for use of the regional storm water management system. The applicant paid for use of the Sycamore Regional System by lots located along Sycamore Street during development of the Second Addition. Additional payments towards the total fee for utilization shall be paid upon final plat approval for lots along Ashlynd Court. Storm water management facilities for the remainder of the subdivision were built on Outlot A during development of the First Addition and will accommodate the lots within the Third -Fifth Additions. Infrastructure fees: Water main extension fees of $395 per acre; sanitary sewer tap -on fees of $1,796 per acre and Sycamore Street improvement fees of $2,507.08 per acre of development need to be included in the legal papers. As noted above fees are required for some of the lots on Ashlynd Court which drain into the regional stormwater system. Neighborhood parkland: At the time Brookwood Pointe was approved in 2005, the Parks and Recreation Commission chose to collect fees in lieu of open space due to the subdivision's proximity to Wetherby Park. Open space fees for the entire subdivision were collected at the time of final plat approval for the First Addition. STAFF RECOMMENDATION: Staff recommends approval of SUB13- 00013, the preliminary plat of Brookwood Pointe Third -Fifth Additions, a 61 -lot, 17.15 -acre residential subdivision with one outlot located north of Vesti Land and west of Sycamore Street. ATTACHMENTS: 1. Location Map 2. Preliminary plat Approved by: 4 Robert Miklo, Senior Planner, Department of Planning and Community Development ppdadmiMstfrepkemplate.doc •c Ujil -*• � I� =I I 11 1 I j it I�� ! �i�i �! 13;wsaaow4am j( i lu i Y Or tc N { � / \ / • Y KY � AWAFA - b 04 ME 4 ssp� uj4L 1 { 23d _ I• , i� -- —�_ U —_ LY. o gig; I Ir let it VA P k 7 t E ° #� as ° #Y all R 'i t Planning and Zoning Commission August 1, 2013 - Formal Page 14 of 16 the property owner and the nearby property owners. He said these designs are intended to protect the properties to the north and south and they will hopefully do that. Thomas said he agrees, but he does have some concerns about the properties in Walden Court, as south of the detention basin there will be water running down the slope toward Walden Court. He said he will have to rely on City staff to make sure those issues are addressed before this project is constructed. A vote was taken and the motion carried 6 -0. Freerks called for a short break. Freerks called the meeting back to order. SUB13- 00011: Discussion of an application submitted by Summit Ridge, LLC for a preliminary plat of Eastbrook Flats, a 1 -lot, 4.83 -acre residential subdivision located at the northeast corner of the intersection of Scott Boulevard and American Legion Road. Miklo said there is the need for a twenty -five foot construction easement along Scott Boulevard and American Legion Road and the applicant has agreed to put that on the plat. He said staff is recommending approval of this application. Freerks opened public discussion. Jesse Allen, the applicant, presented himself for questioning. Freerks closed public discussion. Eastham moved to recommend approval of SUB13 -00011 a preliminary plat for a 1 -lot, 4.83 acre residential subdivision located at the northeast corner of the intersection of Muscatine Avenue and Scott Boulevard. Martin seconded. A vote was taken and the motion carried 6 -0. SUB13- 00013: Discussion of an application submitted by Steve Kohl! Construction, LC for a preliminary plat of Brookwood Pointe Third to Fifth Addition, a 61 -lot, 17.15 -acre residential subdivision located on Russell Drive and Terrapin Drive. Miklo said staff recommends approval. Eastham asked if there is a sidewalk access to Weatherby Park on the western part of this subdivision. Miklo said there is not because there is an intervening property. He said there will be access just to the west. Freerks opened public discussion. Planning and Zoning Commission August 1, 2013 - Formal Page 15 of 16 Freerks closed public discussion. Eastham moved to recommend approval of SUB13- 00013, a preliminary plat of Brookwood Pointe third to Fifth Addition, a 61 -lot, 17.16 acre residential subdivision with one outlot located north of Vesti Lane and west of Sycamore Street. Theobald seconded. Consideration of Meeting Minutes: July 18, 2013 Eastham moved to defer approval of the minutes of July 18, 2013 to the next meeting. Martin seconded. A vote was taken and the motion carried 6 -0. OTHER ADJOURNMENT: Eastham moved to adjourn. Martin seconded. The meeting was adjourned on a 6 -0 vote. Development Item SUB13- 00013: Discussion of an application submitted by Steve Kohli Construction, LC for a preliminary plat of Brookwood Pointe Third to Fifth Addition, a 61 -lot, 17.15 -acre residential subdivision located on Russell Drive and Terrapin Drive. Scale: 1" =200' CITY OF 10A.4 CITY WIF i A !V 9, ;.:.: BSMIL -im SITE LOCATION: Russell Drive & Terrapin Drive ow °- z AL, AMki%A. a 1�1 . `,d ®' S1 SUB13 -00013 .9 I A_.Ar.$ !! .s 1 ., I I! A 1 's I C. 1 i i 1111 Ice ] -w YK rss lax us iwis . uv j uM1 j uv j ua j u. 1 us �j �,4X � "'• � rn ! r• ! N � �.+� r. I ua I rr 1 u• 1 u) 1 rI 1 u) 1 r) ! ur / M=}- FINAL PLAT II r BROOKWOOD POINTE THIRD ADDITION � 7r THE rM OF IOWA CM, IOWA I a.F"..:]lCMSN.wI M':.URGT -A - IR2MW ^..f11 K'yIESA'::M MPI'I�JI seer- rw.s.r rrr y .sYyYr�Y.���y�yri�Y�y �.rr..w�iy_iiv�`il1.MM�y�1.�. Mp Yr�f lY II Fr t9.0 R.M1TYCRt.Mt I I! A 1 's I C. 1 i i 1111 Ice ] -w YK rss lax us iwis . uv j uM1 j uv j ua j u. 1 us �j �,4X � "'• � rn ! r• ! N � �.+� r. I ua I rr 1 u• 1 u) 1 rI 1 u) 1 r) ! ur / r.I rvI v1 re1 r.1 r.INT�,`I / / I I vi IUkJ� •c ...............- ..........� -- ............ ........... ................... " _– – _– – Y ... _ _ I �r C] • /'Lrr�_ rA1 ♦ h 01 q L M11I1 :d 1] y Y 4•••• •• % 4] I� I 1 II r � I II Fr Ff li ewis9° T'rs II yy —r M V I w I +s•. iYj�K fRm— Y r.I rvI v1 re1 r.1 r.INT�,`I / / I I vi IUkJ� •c ...............- ..........� -- ............ ........... ................... " _– – _– – Y ... _ _ I �r C] • /'Lrr�_ rA1 ♦ h 01 q L M11I1 :d 1] y Y 4•••• •• % 4] I� I 1 Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5243 (SUB13- 00013) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF BROOKWOOD POINTE THIRD ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, Steve Kohli Construction, LC, filed with the City Clerk the final plat of Brookwood Pointe Third Addition, 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: OUTLOT "A" BROOKWOOD POINTE SECOND ADDITION ACCORDING TO THE PLAT RECORDED THEREOF IN PLAT BOOK 56 AT PAGE 230, JOHNSON COUNTY RECORDER'S OFFICE, IOWA CITY, IOWA, CONTAINING 17.12 ACRES, AT THE TIME OF SURVEY, WHICH INCLUDES 0.98 ACRES OF ROAD RIGHT -OF -WAY THAT IS TO BE DEDICATED TO THE PUBLIC, AND IS SUBJECT TO ANY EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Planning and Community Development 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 (2011) 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. 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. Resolution No. Page 2 Passed and approved this day of 12013. ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: AYES: NAYS: pcd /templates /SUB13 -00013 Final Plat - Resolution.doc.doc ►/=210 Approved by d,ta4y Attorney's Office and seconded by ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton the Resolution be Marian Karr From: Sue Dulek Sent: Tuesday, August 20, 2013 4:29 PM To: Marian Karr Subject: Hills The cabbie's new address is 902 N. Dodge #A -10. Susan Dulek Assistant City Attorney 410 East Washington Street Iowa City, IA 52240 319- 356 -5030 319 - 356 -5008 Fax sue- dulekkiowa- city.org Notice: Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the internet, the City Attorney's Office cannot assure that such messages are secure. You should be careful in transmitting information to the City Attorney's Office that you consider confidential. If you are uncomfortable with such risks, you may decide not to use e-mail to communicate with the City Attorney's Office. Without written notification that you do not wish to communicate with the City Attorney's Office via e-mail communication, the City Attorney's Office will assume you assent to such communication. This message is covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510 -2515, is intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the attorney- client privilege. It should not be forwarded to anyone else without consultation with the originating attorney. If you received this message and are not the addressee, you have received this message in error. Please notify the person sending the message and destroy your copy. Thank you. �n To: City Council Item: SUB13 -00009 Brookwood Pointe Third Addition GENERAL INFORMATION: STAFF REPORT Prepared by: Andrew Bassman, Planning Intern Date: August 20, 2013 Applicant: Steve Kohli Construction, L.C. 3129 Dubuque Street NE Iowa City, IA 52240 319- 351 -5270 or 319- 936 -6880 Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning File Date: 60 Day Limitation Period: BACKGROUND INFORMATION: Final Plat Approval of a 17 -lot residential subdivision with one outlot North of Vesti Lane, west of Sycamore Street 17.12 acres undeveloped, RS -5 North: residential, RS -5 South: residential, RS -8 East: residential, RS -5 West: Wetherby Park & undeveloped, P -1 & OPD -5 June 26, 2013 August 26, 2013 In June 2005 this property was rezoned from Interim Development (ID -RS) to Low Density Single - Family (RS -5) (the northern 10.92 acres) and Medium Density Single - Family (RS -8) (the southern 18.34 acres). At the same time, a preliminary plat of Brookwood Pointe, Additions 1-4, was approved to allow the subdivision of the property into a 106 -lot residential subdivision. The final plat of Brookwood Pointe First Addition, a 26 -lot subdivision, was also approved in August 2005 and is now mostly built. The preliminary plat has since expired. Preliminary plats expire after 24 months unless the applicant seeks an extension from the City Council. The expiration provision is in the subdivision regulations to help assure that subdivisions comply with any significant changes to City policies or regulations. The applicant is currently seeking re approval of the preliminary plat and approval of the final plat of Brookwood Pointe Third Addition, a re- subdivision of Outlot A in Brookwood Pointe Second Addition. Brookwood Pointe Third Addition includes 17 lots with one outlot (12.31 -acre Outlot A reserved for future development). K ANALYSIS: The final plat is in general conformance with the pending preliminary plat and current subdivision regulations. Construction plans have been submitted and are being reviewed by the City Engineer. The City Attorney's Office is reviewing the legal papers. It is anticipated that these plans and documents will be approved by Staff prior to City Council consideration of the final plat. Storm water management: A small part of the eastern portion of Brookwood Pointe utilizes the Sycamore Regional Storm Water System. In lieu of providing stormwater management within this part of the subdivision, the developer is required to pay a fee for use of the regional stormwater management system. The legal papers address the payment of this fee. Infrastructure fees: Requirements for the payment of water main extension fees of $395 per acre; sanitary sewer tap -on fees of $1,796 per acre and Sycamore Street improvement fees of $2507.08 per acre are included in the legal papers. The Conditional Zoning Agreement requires landscaping along the rear of the double fronting lots along Sycamore Street to buffer the back yards from the arterial street. Payment to allow installation of the required landscaping is included in the legal papers. Neighborhood open space: Neighborhood open space requirements were fulfilled when Brookwood Pointe First Addition was final platted in 2005. STAFF RECOMMENDATION: Staff recommends that SUB13- 00009, the final plat of Brookwood Pointe Third Addition, a 17 -lot, 17.12 -acre residential subdivision with one outlot located north of Vesti Land and west of Sycamore Street, be approved subject to staff approval of construction plans and legal papers. ATTACHMENTS: 1. Location Map 2. Final plat Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development ppdadmin%sUrep \template. doc adim D -- l- 3 `d L LLJ 0 )0 0 M W cYi Nl m lnov 8vJ U) 4?JV8W0�- cn I a _. _1S�N ,W Z N adC 1�I00 __l I J�W- z. ZI 11 W �I zI 44 II of 1 i ` L-1 — __ ao �13ssna -__ a _bd .��3SS_.__-_� - ai c to a� L LO �IZ3 a o Q MV—M-61£ — DMOI 'BIIIAIDJOD PDOJ ADPI104 oLGZ 6UIJ000I6US fA NOWOOV OHIHI 31NIOd 000ANDOae 1I i @i�q tl� ■� p� �R� R �i�Rg NE � �g_ ���yt8! !] �6� e b�k�Sg! �� � . . � o A x15 3a0W. f A 1 r g�a I 1 sll= 1' I •C II r 1 V5 � I tit a - � �ga 1 I Ai SIB an�aa - nassn'd z o _--------- � I 3 0 � p� _ Ila J o i V -W � / yfaPCL13r - — I-, - I5 Iu zz —y — J Ydo o p 5 q I tit a - a an�aa - nassn'd z o _--------- = U Q CL 3 0 � J o Ydo o p 5 ` \\ `fir✓ � I � I 1 ►� � � � � �/ � ��!' ;: y Ij a 4. Ar __ ——I - _ _3u,_ g I g I = oomaooae — — — — k. r— r -- I 3 t- - - - -- — zi rev: - -- r c d,ddd a r rrr I 3AI114 ---T --'� -- •massm Von +s. .. I Till I� I M r Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 13 -269 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 416 SOUTH GOVERNOR STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income - eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 416 South Governor Street, Iowa City; and WHEREAS, the City has received an offer to purchase 416 South Governor Street for the principal sum of $220,000 (the amount the City paid to acquire the home), plus the "carrying costs" of approximately $6,700, which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $40,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on August 6, 2013, the City Council adopted a Resolution proposing to convey its interest in 416 South Governor Street, 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: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 416 South Governor Street, legally described as Lot 4, Block 2, Berryhill's Second Addition, Iowa City, Iowa. 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. Resolution No. 13 -269 Page 2 It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Passed and approved this 20th day of August —72013. •- ATTEST: k • R-X� CITY LERK Approved by City Attorney's Office i08-201" s Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 13 -270 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 661 SOUTH GOVERNOR STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income - eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 661 South Governor Street, Iowa City; and WHEREAS, the City has received an offer to purchase 661 South Governor Street for the principal sum of $153,000 (the amount the City paid to acquire the home), plus the "carrying costs" of approximately $3,200, which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $40,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on August 6, 2013, the City Council adopted a Resolution proposing to convey its interest in 661 South Governor Street, 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: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 661 South Governor Street, legally described as Lot 11 and part of Lot 12, Block 1, Strohm's Addition, Iowa City, Iowa. 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. Resolution No. 13 -270 Page 2 It was moved by Throgmorton and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion 46 x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Passed and approved this 20th day of August -12013. _A& 4 M ATTEST: l k'- CITY LERK Approved by City Attorney's Office i Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5030 RESOLUTION NO. 13 -271 RESOLUTION AUTHORIZING THE CONVEYANCE OF AUDITOR'S PARCEL 2013030, A .05 ACRE PARCEL ADJACENT TO RUPPERT ROAD, IOWA CITY, IOWA, TO BFDJ HOLDINGS, L.L.C. WHEREAS, BFDJ Holdings, LLC has purchased the property directly to the east of a V- shaped parcel known as Auditor's Parcel 2013030, City of Iowa City, Iowa, which measures approximately 3 feet in width at the south end to approximately 9 feet in width at the north end (.05 acres); and WHEREAS, said Auditor's Parcel is between the property purchased by BFDJ Holdings, LLC, and the property owned by the City of Iowa City known as Ruppert Road right -of- way; and WHEREAS, due to a surveying error, there is the possibility that the City may have an interest in said V- shaped parcel, yet does not use or occupy said property; and WHEREAS, in order to clarify ownership and facilitate redevelopment of the adjacent property, BFDJ Holdings, LLC has requested that the City provide a Quit Claim Deed; and WHEREAS, the Auditor's Parcel is not presently used by the City of Iowa City, has no intention of using said property, and finds that conveyance by Quit Claim Deed is in the public interest; and WHEREAS, a public hearing was held on August 20, 2013, and the City finds it in the public interest to grant such request: and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council does hereby authorize the conveyance of the Auditor's Parcel 2013030, recorded at Book 57, Page 321, in the records of the Johnson County, Iowa Recorder, via Quit Claim Deed without consideration to BFDJ Holdings, L.L.C.. 2. The Mayor is authorized, and the City Clerk to attest, any and all documents necessary to effectuate such conveyance via Quit Claim Deed in a form approved by the City Attorney. Passed and approved this 20th day of August , 2013. &5lV MAYOR Approved by ATTEST: u- ��c /� c✓irnr./ CITY &ERK City Attorney's Office /yy) Resolution No. 13 -271 Page 2 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton