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HomeMy WebLinkAbout2019-01-22 ResolutionItem Number: 7.a. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT January 22, 2019 Resolution authorizing the Mayor to sign and the City Clerk to attest an easement agreement for 520 N. Dodge Street and 522 N. Dodge Street. Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Erika Kubly, Neighborhood Services Coordinator Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Executive Summary: The City purchased 520 and 522 N. Dodge St. as part of the UniverCity program. The properties are adjacent, and the access to a public street for 522 N. Dodge is through the rear yard of 520 N. Dodge. The current access easement simply provides that the owner of 522 N. Dodge St. has the right of access across the east 10 feet of 522 N. Dodge St., but does not address the issues of maintenance, snow removal, or parking, and the proposed easement provides for these. Additionally, the easement width is increased to 15 feet primarily because the eastern 3 feet consists largely of shrubs and other vegetation. Background /Analysis: ATTACHMENTS: Description resolution Easement (0 -- Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 Resolution No. 19-16 Resolution authorizing the Mayor to sign and the City Clerk to attest an easement agreement for 520 N. Dodge Street and 522 N. Dodge Street. Whereas, the City is the owner of two contiguous properties locally known as 520 N. Dodge Street, Iowa City, Iowa and 522 N. Dodge Street, Iowa City, Iowa; Whereas, the City purchased the two properties as part of the UniverCity program, and both are currently being rehabilitated and will be marketed for sale in the near future; Whereas, the access to a public street for 522 N. Dodge Street is through 520 N. Dodge Street and there is an easement of record for such access; Whereas, the access easement does not provide for maintenance, parking, or snow removal; and Whereas, an easement agreement should be recorded that provides for maintenance, parking, and snow removal. Now, therefore, be it resolved by the City Council of the City of the Iowa City, Iowa: The Mayor is authorized to sign and the City Clerk to attest the attached access easement agreement for 520 N. Dodge Street and 522 N. Dodge Street. Passed and approved this 22nd day of January 2019. MaVor rove by Attest:4ty Clerk City Attorney's Office Resolution No, 19-16 Page 2 It was moved by Salih and seconded by Cole Resolution be adopted, and upon roll call there were: AYES: NAYS x x x x x ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton the Prepared by: Susan Dulek Ass't City Attorney, 410 H. Washinglon St., Iowa City, IA 52240 (319-356-5030) Return to: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319-356-5030) ACCESS EASEMENT THIS AGREEMENT is made this 22nd day of January, 2019, by and between the City of Iowa City, Iowa ('"City"), and the City of Iowa City, Iowa ("City"). WHEREAS, the City is the owner of two contiguous properties locally known as 520 N. Dodge Street, Iowa City, Iowa and 522 N. Dodge Street, Iowa City, Iowa; WHEREAS, the access to a public street for 522 N. Dodge Street is through 520 N. Dodge Street; WHEREAS, although no executed access easement agreement has been recorded, the legal descriptions in recorded warranty deeds of both properties provide for an easement for right of way over the east 10 feet of 520 N. Dodge Street; WHEREAS, the recorded access easement does not provide for maintenance, snow removal or parking; and WHEREAS, visual observation shows that presently over 10 feet is used for access. NOW, and in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The City is the owner of two contiguous properties located in Iowa City, Johnson County, Iowa, locally known as 520 N. Dodge Street, Iowa City, Iowa ("520 N. Dodge"), and 522 N. Dodge Street, Iowa City, Iowa ("522 N. Dodge"). The legal description for 520 N. Dodge is as follows: The S Yz of Lot 4, excepting the North 37 Yz feet thereof, subject to an easement for right of way over the East 10 feet of the South 37 r/ feet of said Lot 4, all in Block 14, in Iowa City, Iowa, according to the plat thereof recorded in Book 1, Page 116, Plat Records of Johnson County, Iowa The legal description for 522 N. Dodge is as follows: 2 The North 37 %2 feet of the South half of Lot 4, and an easement for right of way over the East 10 feet of the South 37 %2 feet of Lot 4, in Block 14, in Iowa City, Iowa, according to the recorded plat thereof 2. The City, as owner of 520 N. Dodge, and its successors in interest, grants to the owner of 522 N. Dodge, and its successors in interest, an access easement over the east fifteen feet (15') of 520 N. Dodge ("easement area") for the purpose of egress and ingress to, over, and across said easement area in order to access the public alley located south of Lot 4, Block 14 in Iowa City, Iowa and north Lot 5, Block 14, Iowa City, Iowa. 3. The City, as owner of 520 N. Dodge and its successors in interest, reserves the right to use said easement area for purposes which will not interfere with the owner of 522 N. Dodge and its successors in interest full enjoyment of its rights hereby granted; provided that the owner of 520 N. Dodge and its successors in interest shall not erect or construct any building, fence, retaining wall or other structures over the easement area; plant any trees, drill or operate any well; or construct any reservoirs or other obstructions on said area. 4. The City, as owner of 520 N. Dodge and its successors in interest, and the City, as owner of 522 N. Dodge and its successors in interest, agree that that the owner of 522 N. Dodge shall be solely responsible for maintaining the easement area, including but not limited to: a) removing snow (snow shall not be deposited to an area on 520 N. Dodge beyond the easement area) ; b) adding new gravel as needed; and c) removing volunteer trees and other vegetation along the eastern border of the easement area that may interfere with its usage of the easement area. 5. The City, as owner of 520 N. Dodge and its successor in interest, and the City, as owner of 522 N. Dodge and its successor in interest, agree that no vehicles shall be parked in the easement area without written permission of the other party, except for vehicles whose drivers are providing a service to 522 N. Dodge on short-term and irregular occasions, such as a U.S. Postal Service or similar commercial delivery truck, a repair truck such as a plumber or electrician, or a food delivery vehicle. Either party may have a vehicle towed if parked in violation of this provision. 6. This agreement may be amended or terminated by the parties, and said amendment or termination shall be in writing and recorded in the office of the Johnson County Recorder. 7. This agreement shall be a covenant running with the land shall be perpetual, and shall more to the benefit of and be binding upon the parties hereto and upon their successors in interest. OWNER OF 520 N. GOVERNOR STREET CITY OF IOWA CIT/Y, IOWA By: L , James AVThrogmorton, Mayor Attest: Kellie K. Fruehling, ity Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY ) G� On this as n day of Zan t4 a r 2019, before me, a Notary Public in and for the State of Iowa, personally appeared James A. Thro orton and Kellie K. Fruehling, tome personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to this instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its city council, and that James A. Throgmorton and Kellie K. Fruehling acknowledged execution of the instrument to be their voluntary act and deed and the voluntary act and deed of theco oration, by it voluntarily executed. oh CHRISTINE OLNEY z Commission Numper 808232 J/A'Z/� * • My Commi pirea IOWA �i Notary Public / My Commission expires: 5 / a OWNER OF 522 N. GOVERNOR STREET CITY OF IOWA CITY, IOWA By: James A. Throgmorton, Mayor Attest: wKa lie K. Fruehli ,City Clerk STATE OF IOWA ) ss: JOHNSON COY ) On this 0 day ofGa n 0 (� 2019, before me, a Notary Public in and for the State of Iowa, personally appeared James A. Thio Orton and Kellie K. Fruebling, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to this instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its city council, and that James A. Throgmorton and Kellie K. Fruehling acknowledged execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public r CHRISTINE OLN8. My Commission expires: 'r Commission Numper 808232 z , + M Commiss�'Ip]n pireS J (J Appr' By Clty Attorney's Office Item Number: 7.b. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org January 22, 2019 Resolution approving the extraterritorial final plat of Pine Grove Estates, Johnson County, Iowa. (SUB18-00020) ATTACHMENTS: Description 6tat.t. Report Resolution To: City Council Item: SUB18-00020 Pine Grove Estates GENERAL INFORMATION: Owner: STAFF REPORT Prepared by: Jesi Lile, Associate Planner Date: January 22, 2019 Stewart Road Development LLC 11 N Van Buren Street Iowa City, IA 52240 319-351-6534 Applicant: Bryan Svoboda, Stewart Road Development, LLC 11 N Van Buren Street Iowa City, IA 52240 319-351-6534 Bryan.svoboda@gmail.com Requested Action: Final plat approval Purpose: To allow for the development of a 4 -lot residential subdivision Location: 3910 Stewart Road NE Location Map: IN E tv MA l i 57 .. y. yVe lM1yt Size: 5.25 acres Existing Land Use and Zoning: County Residential Surrounding Land Use and Zoning: North: County Residential South: County Residential 2 East: County Residential West: County Residential Comprehensive Plan: Johnson County Fringe Area Agreement, Fringe Area A, Outside the Growth Area North Corridor Development Area File Date: December 11, 2018 60 Day Limitation Period: February 11, 2019 BACKGROUND INFORMATION: On April 2, 2018, Council approved the preliminary plat of Pine Grove Estates, a 4 -lot, 5.25 - acre subdivision located off North Dubuque Street, in the North Corridor Fringe Area outside Iowa City's growth area. Because the property is located within Iowa City's two-mile Fringe Area, the Fringe Area Agreement specifies that City approval will be required when the property is subdivided. ANALYSIS: The final plat of Pine Grove Estates is in general compliance with the approval of the preliminary plat and subdivision regulations, as well as the fringe area agreement. Since the subdivision is located outside of the City's growth area, the City's rural design standards apply. Legal papers and construction drawings are currently being reviewed by staff. It is anticipated that these documents will be approved prior to the January 22"d Council Meeting. This subdivision is consistent with the neighborhood, and will provide a private drive for access to the four proposed houses along with providing private well water and septic systems. Additionally, storm water management is provided on the north corner of lot 3. Neighborhood parkland or fees in lieu of: Since the subject property is outside Iowa City limits, it is not subject to the provision of neighborhood open space or fees in lieu of. Infrastructure Fees: The subject property is outside the City's growth area and will be using private well water and septic systems to be approved by the Johnson County Health Department. There are no infrastructure fees to be collected by the City. STAFF RECOMMENDATION: Staff recommends approval of SUB18-00020, the final plat of Pine Grove Estates, a 4 -lot, 5.25 acre residential subdivision located at 3910 Steward Road NE subject to approval of construction drawings and legal papers by the City Engineer and City Attorney. ATTACHMENTS: 1. Location Map 2. Final plat ««,, Approved by: Sk Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services PCD\Staff Reports\staff report - final plat-final.docx 1•b Prepared by: Jesi Lile, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 (SUB18-00020) Resolution no. 19-17 Resolution approving the extraterritorial final plat of Pine Grove Estates, Johnson County, Iowa. Whereas, the owner, Stewart Road Development, LLC, filed with the City Clerk the final plat of Pine Grove Estates, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Johnson County, Iowa, to wit: Commencing at the South Quarter Corner of Section 21, Township 80 North, Range 6 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence N27°51'58"W, 92.78 feet, to a Point on the Centerline of Dubuque Street NE, and the Point of Beginning; Thence Northwesterly 48.58 feet, along said Centerline on a 573.69 foot radius curve, concave Southwesterly, whose 48.57 foot chord bears N27°34'22"W; Thence N29°59'55"W, along said Centerline, 308.78 feet; Thence Northwesterly 59.28 feet, along said Centerline on a 5730.00 foot radius curve, concave Northeasterly, whose 59.28 foot chord bears N29°42'08"W; Thence N59025'30"E, 50.01 feet, to the Southwest Corner of Dundry Hills, in accordance with the Plat thereof Recorded in Plat Book 25 at Page 47 of the Records of the Johnson County Recorder's Office; Thence N67°59'53"E, along the South Line of said Dundry Hills, 532.27 feet, to the Northwest Corner of Pine Forest Estates, in accordance with the Plat thereof Recorded in Plat Book 30 at Page 203 of the Records of the Johnson County Recorder's Office; Thence S30°50'53"E, along the West Line of said Pine Forest Estates, 271.27 feet; Thence S05°32'05"W, along said West Line, 185.57 feet, to the Southwest Corner thereof; Thence N68°07'22"W, 77.27 feet; Thence S62028'05"W, 428.33 feet, to the Point of Beginning. Said Tract of Land contains 5.25 Acres, and is subject to easements and restrictions of record. Whereas, this property is within the City's extraterritorial review area; and Whereas, the Department of Neighborhood and Development Services and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and Whereas, 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 (2019) and all other state and local requirements. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 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 certify and send plat and supporting documents to the office of Planning and Zoning of Johnson County, Iowa. All Resolution No. 19-17 Page 2 recording expense is the responsibility of the owner/subdivider. Passed and approved this 22nd day of January , 2019. Attest: r ,/ ty Clerk G Maor Approved by City Attorney's Office the Resolution/be adopted, and upon it was moved by Salih and seconded by Cole roll there were: AYES: X X X X X X ppdadminlresMnalplaopunb'.do NAYS: ABSENT: Teague Cole Mims Salih Taylor Thomas Throgmorton Item Number: 7.c. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT January 22, 2019 Resolution amending the budgeted positions in the Streets & Traffic Engineering Division of the Public Works Department and the AFSCME pay plan by deleting one full-time MWII Signs position and adding one full-time Signs & Pavement Markings Technician position. Prepared By: Brock Holub, Streets Superintendent Reviewed By: Ron Knoche, Public Works Director Karen Jennings, Human Resources Administrator Geoff Fruin, City Manager Fiscal Impact: No Impact - Pay Grade Remains the Same Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The existing MWII Signs position was recently vacated. After evaluating the needs of the organization, staff has determined that a Signs & Pavement Markings Technician position would better serve the needs of the City. Therefore, staff seeks approval to eliminate the MW I I Signs position and to add a Signs & Pavement Markings Technician. Background /Analysis: The existing MW I I Signs position was recently vacated. The needs of the division have been reviewed and reassessed. Staff has determined that operations would better be served by replacing the MW I I Signs position with a Signs & Pavement Markings Technician. A job description was created and a review of the duties and responsibilities of the new position has led to the determination that AFSCME grade 7 is the appropriate classification. The new position is in the same AFSCME grade as the old position. This change results in no additional funds needed. ATTACHMENTS: Description Resolution Prepared by. Brock Holub, Streets Superintendent, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)3565482 Resolution No. 19-18 Resolution amending the budgeted positions in the Streets & Traffic Engineering Division of the Public Works Department and the AFSCME pay plan by deleting one full-time MWII Signs position and adding one full-time Signs & Pavement Markings Technician position. Whereas, Resolution 18-63, adopted by the City Council on March 6, 2018 authorized budgeted positions in the Public Works Department for Fiscal Year 2019; and Whereas, Resolution No. 17-14, adopted by the City Council on January 3, 2017 established a classification and compensation plan for AFSCME employees; and Whereas, the MWII Signs position was vacated when the existing employee accepted a MWIII Streets position with the City; and Whereas, the focus of the MWII Signs position has been and will continue to be sign installation, coordinating of sign making, and the pavement markings program; and Whereas, the needs of the division would be better served by replacing the vacant MWII Signs position with a Signs & Pavement Markings Technician. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The budgeted positions in the Streets & Traffic Engineering Divisions of the Public Works Department be amended by: 1. Deleting one full-time MWII Signs position, grade 7. 2. Adding one full-time Signs & Pavement Markings Technician, grade 7. The AFSCME pay plan be amended by: 1. Deleting the position MWII Signs, grade 7. 2. Adding the position Signs & Pavement Markings Technician, grade 7. Passed and approved this 22nd day of Jan iArV 2019 Mayor roved Attest:b City Clerk City Attorney's Office It was moved by Salih and seconded by Cole the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Cole X Mims X Salih X Taylor X Teague X Thomas X Throgmorton '(, G Item Number: 7.d. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT January 22, 2019 Resolution amending the budgeted positions in the Water Division of the Public Works Department and the AFSCME pay plan by deleting one full- time Water Engineer position and adding one full-time Water GIS Technician position. Prepared By: Kevin Slutts, Water Superintendent Reviewed By: Ron Knoche, Public Works Director Karen Jennings, Human Resources Administrator Geoff Fruin, City Manager Fiscal Impact: Reduction in personnel wages of $8,320 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The existing Water Engineer position was recently vacated. After evaluating the needs of the organization, staff has determined that a G IS Technician position would better serve the needs of the City. Therefore, staff seeks approval to eliminate the Water Engineer position and to add a Water G I S Technician. Background /Analysis: The existing Water Engineer position was recently vacated. The needs of the division have been reviewed and reassessed. It has been determined that demand for electronic documentation and tracking of Water Division assets and lifecycle cost is becoming increasing important to current and future sustainability. Staff has determined that operations would better be served by replacing the Water Engineer position with a Water GIS Technician. Ajob description was created and a review of the duties and responsibilities of the new position has led to the determination that AFSCME grade 12 is the appropriate classification. Replacing a grade 15 position with a grade 12 position will result in a net reduction in annual wages of $8,320. ATTACHMENTS: Description Resolution -(.j Prepared by: Kevin Slutts, Water Superintendent, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)3565162 Resolution No. 19-19 Resolution amending the budgeted positions in the Water Division of the Public Works Department and the AFSCME pay plan by deleting one full-time Water Engineer position and adding one full-time Water GIS Technician position. Whereas, Resolution 18-63, adopted by the City Council on March 6, 2018 authorized budgeted positions in the Public Works Department for Fiscal Year 2019; and Whereas, Resolution No. 17-14, adopted by the City Council on January 3, 2017 established a classification and compensation plan for AFSCME employees; and Whereas, the Water Engineer position was vacated when the existing employee resigned due to finding a new position external to the City; and Whereas, the focus of the Water Engineer position has been and will continue to be the use and promotion of geographic information systems (GIS); and Whereas, the needs of the division would be better served by replacing the vacant Water Engineer with a Water GIS Technician. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The budgeted positions in the Water Division of the Public Works Department be amended by: 1. Deleting one full-time Water Engineer position, grade 15. 2. Adding one full-time Water GIS Technician, grade 12. The AFSCME pay plan be amended by: - 1. Deleting the position Water Engineer, grade 15. 2. Adding the position Water GIS Technician, grade 12. Passed and approved this 22nd day of January 2019 Ma or Attest; G=e Ci Clerk It was moved by salih and seconded adopted, and upon roll call there were: M / -/t,--19 City Attorney's Office by Cole the Resolution be AYES: NAYS: ABSENT: X Cole X Mims X Salih X Taylor X Teague X Thomas X Throgmorton Item Number: 7.e. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org January 22, 2019 Resolution accepting use of section 453A.22(3) affirmative defense to tobacco civil penalty by Deli Mart #5. ATTACHMENTS: Description Resolution j. e, Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030 Resolution number: 19-20 Resolution accepting use of Section 453A.22(3) affirmative defense to tobacco civil penalty by Deli Mart #5 Whereas, on November 13, 2018, an employee of Deli Mart Properties Inc., dba Deli Mart #3, 206 E. Benton Street, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor; and Whereas, at the time of the violation, Deli Mart Properties Inc., dba Deli Mart #5 was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code an establishment which holds a retail cigarette permit is subject to a civil penalty as a result of its employee violating Iowa Code §453A.2(1); and Whereas, pursuant to Iowa Code §453A.22(3), if an employee of a retailer violates §453A.2(1), the retailer shall not be assessed a penalty under §453A.22(2), and the violation shall be deemed not to be a violation of §453A.2(1) for the purpose of determining the number of violations for which a penalty may be assessed pursuant to §453A.22(2), if the employee in question holds a valid certificate of completion of the tobacco compliance employee training program pursuant to §453A.5 at the time of the violation; and Whereas, the Deli Mart Properties Inc., dba Deli Mart #5 employee who violated §453A.2(1) held a valid certificate of completion of the tobacco compliance training program pursuant to section §453A.5 at the time of the violation; and Whereas, Deli Mart Properties Inc., dba Deli Mart #5 wishes to assert the affirmative defense set out in §453A.22(3) in order to avoid a civil penalty for its employee's violation of §453A.2(1) and has signed an Acknowledgement of Use of §453A.22(3) Affirmative Defense to Tobacco Civil Penalty; and Whereas, a retailer may assert the affirmative defenses set out in §453A.22(3) only once in a four-year period for a violation of §453A.2 that takes place at the same place of business location and if an employee of Deli Mart Properties Inc., dba Deli Mart #5 again violates §453A.2(1) within a four-year period, Deli Mart Properties Inc., dba Deli Mart #5 will be subject to a civil penalty as provided by §453A.22(2), after proper notice and opportunity for hearing. Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council should accept Deli Mart Properties Inc., dba Deli Mart #5's use of a §453A.22(3) affirmative defense and should accept Deli Mart Properties Inc., dba Deli Mart #5 signed Acknowledgment of the same. Be It Further Resolved, that the City Clerk will forward a copy of this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Resolution No. 19-20 Page 2 Passed and approved this 22'ujay of January , 2019. May Attest: 4ity Clerk61 r by City Attorney's Office It was moved by salih and seconded by Resolution be adopted, and upon roll call there were: Nays: Cole Absent: the Cole Mims Salih Taylor Teague Thomas Throgmorton Fa Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030 Resolution number: Resolution accepting use of Section 453A.22(3) gefense to tobacco civil penalty by Deli Mart #5 Whereas, dNovember 13, 2018, an employee of Deli Mart Pr ernes Inc., dba Deli Mart #3, 206 E. B ton Street, Iowa City, violated Iowa Code §45 .2(1) by selling or providing tobacco, tobac o products or cigarettes to a minor; and Whereas, at the ti a of the violation, Deli Mart Proper s Inc., dba Deli Mart #5 was operating under a r ail cigarette permit issued by th ity of Iowa City; and Whereas, pursuant to t9wa Code an establishmg6t which holds a retail cigarette permit is subject to a civil penalty s a result of its employee violating Iowa Code §453A.2(1); and Whereas, pursuant to lov §453A.2(1), the retailer shall shall be deemed not to be a number of violations for which employee in question holds employee training program pu Code §453 2(3), if an employee of a retailer violates It be asses d a penalty under §453A.22(2), and the violation iolation f §453A.2(1) for the purpose of determining the a\Renaio may be assessed pursuant to §453A.22(2), if the I va'd ertificate of completion of the tobacco compliance sua to §453A.5 at the time of the violation; and Whereas, the Deli Mart Properti Inc., ba Deli Mart 15 employee who violated §453A.2(1) held a valid certific "f corn etion of the tobacco compliance training program pursuant to section 3A.5 at th time of the violation; and Whereas, Deli Mart Prope es Inc., dba Deli rt #5 wishes to assert the affirmative defense set out in §453A 2(3) in order to avoid civil penalty for its employee's violation of §453A.2(1) and has ned an Acknowledgeme t of Use of §453A.22(3) Affirmative Defense to Tobacco ' it Penalty; and Whereas, a retailer ay asset the affirmative defenses et out in §453A.22(3) only once in a four-year period#r a violation of §453A.2 that takes p ce at the same place of business location and if a mployee of Deli Mart Properties Inc., d a Deli Mart #5 again violates §453A.2(1) wt/ t a four-year period, Deli Mart Properties I ., dba Deli Mart #5 will be subject to a ci penalty as provided by §453A.22(2), after p per notice and opportunity for hearing. Now, Ther re, be it resolved by the City Council of the City of I wa City, Iowa, that the City C ncil should accept Deli Mart Properties Inc., dba Deli art #5's use of a §/Iturther 3) affirmative defense and should accept Deli Mart Pro! ies Inc., dba Deli Mgned Acknowledgment of the same. BResolved, that the City Clerk will forward a copy of this Re olution to the City AOffice, which will then provide a copy of the same to the retail igarette permit hregular mail sent to the permit holder's place of business as it a ears on the an for a retail cigarette permit. Item Number: 8.c. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT January 22, 2019 Resolution setting a public hearing on February 5, 2019 on plans, specifications, form of contract, and estimate of cost for the construction of the Willow Creek Park Improvements Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. Prepared By: Brett Zimmerman, Civil Engineer Reviewed By: Juli Seydell-Johnson, Parks and Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: The estimated cost for this project is $685,000 and will be funded by C I P Account #: R4322 Recommendations: Staff: Approval Commission: Parks Commission reviewed and approved the Willow Creek Park redevelopment plan on August 8, 2018. Attachments: Plan View Playground Rendering Resolution Executive Summary: This agenda item begins the bidding process for the Willow Creek Park Improvements Project. The base bid scope of work for this project includes demolition of existing buildings, pavements and associated work as shown on the plans. Includes proposed improvements of grading, sanitary sewer, water service, restroom building, open shelter, playground installation, trails, plantings and associated work. The project base bid estimate is $685,000. There are three (3) alternates in addition to the base bid. The alternates are as follows: • Alternate #1 — ($11,000) Furnish and install split face block on restroom and shelter. • Alternate #2 — ($10,000) Install play equipment as shown on the project plans. • Alternate #3 — ($12,000) Furnish and install site amenities. Background /Analysis: Willow Creek Park is a 27.2 acre park located at 1117 Teg Drive. The existing restrooms, shelter, and play area have reached the end of their useful lives. This project will replace those aging facilities in accordance to the 2017 Iowa City Park Master Plan. The play area will be music themed and will focus on inclusivity and accessible play for a wide range of residents. This will be achieved through accessible features that engage multiple senses. Additionally, a portion of the play area will include poured -in-place rubber surfacing for improved accessibility. Project Timeline: Set Public Hearing — January 22, 2019 Hold Public Hearing — February 5, 2019 Bid Letting — March 5, 2019 Award Date — March 12, 2019 Construction Start —April 1, 2019 Final Completion — September 30, 2019 ATTACHMENTS: Description Resolution Plan View Playground Rendering Deferred to 2/5/19 Prepared by. Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 Resolution No. Resolution setting a public hearing on February 5, 2019 on plans, specifications, form of contract, and estimate of cost for the construction of the Willow Creek Park Improvements Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. Whereas, funds for this project are available in account # R4322 — Willow Creek / Kiwanis Park Improvements. Now, therefore, be it resolved by the Council of The City of Iowa City, Iowa, that: 1. A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 5h day of February 2019, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. A copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this day of 2019 Attest: City Clerk Mayor Approved by City Attorney's Office It was moved by and seconded by adopted, and upon roll call there were: Ayes: Nays: Absent: ( - P- ' I% - the Resolution be Cole Mims Salih Teague Taylor Thomas Throgmorton R �-a`` C PL ZY,GROUE D AAREDA A A J HID OR NNER. P AREA SWINGS PLAYGRO C AREA }��� `\ UN ALTERNATEDNO 2, PLANrNG ARE - MUSICAL RUBBEREED PLAT SURFACE��A� - PLAYGROUND AREA • �� `` AI P RUBBERIZED PLAY SURFACE FURBEPICED FLA' ONOCRED DEPTH CTIP �f� E _ _ 6s5 ss ------------- -_ NEW SRI LLS AND TRASHLREIIILING - RECEPTACLES o� -- ROMTEC SHELTER EN F—POAM WITH ADULT ANDDSTAT ON � MECHANICAL NICom— /NEW, ADA RRA/MVP 7 �ABICYCL ITATION CA E E � RACK DEPTH CONCRETE (TIP.) 0 cf) U � Z Z W Lu W � a_ 0- U O of U3 a CO Y a Lu z ca w Of a W U � o O r Lu J ¢ % J w Z co cn 6 SNYDER ®ASSOCIATES Continuous Play Features: - (13) Sensory Panels (bells, piano, bongos, chimes, jam box, electronic synthesizer, steel drum, gig-gler, ets.) - (3) slide types - (3) climber types - (2 balance types - (4) upper body types - (1) crawl tunnel - Ramp access Cozy Play Features: - Variety of textural surfaces. - Provides sense of enclosure while maintaining open views. - Provides transfer opportunity out of mobility device. r s .' i�✓. �: 'y►g„c, rte{. � \;i Swing Play Features: - Accessible molded seats. - Belt seat. - Multi-user tandom swing with tot seat. OR Item Number: 8.d. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT January 22, 2019 Resolution setting a public hearing on February 5, 2019 on plans, specifications, form of contract, and estimate of cost for the construction of the Highway 1 Trail — Sunset Street to Mormon Trek Boulevard Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. Prepared By: Brett Zimmerman, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: The estimated cost for this project is $840,000 and will be funded by C I P Account #: R4225 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item begins the bidding process for the Highway 1 Trail — Sunset Street to Mormon Trek Boulevard Project. The base bid scope of work for this project includes installation of a 10' wide PCC trail between Sunset Street and Mormon Trek Boulevard. The project also includes all associated utility and storm sewer improvements required for the installation of the trail. The project base bid estimate is $840,000. Background /Analysis: This project includes a new trail connection from Sunset Street to Mormon Trek Boulevard, and is an extension of the recently completed Highway 1 Trail project that is located from Orchard Street to Sunset Street. The project completes the planned Highway 1 Trail system and ultimately connects the existing Iowa River Corridor Trail to the existing Mormon Trek Boulevard wide sidewalk. Project Timeline: Set Public Hearing — January 22, 2019 Hold Public Hearing — February 5, 2019 Bid Letting — March 19, 2019 Award Date —April 2, 2019 Construction Start — May 6, 2019 ATTACHMENTS: Description Resolution Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 Resolution No. 19-21 Resolution setting a public hearing on February 5, 2019 on plans, specifications, form of contract, and estimate of cost for the construction of the Highway 1 Trail— Sunset Street to Mormon Trek Boulevard Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. Whereas, funds for this project are available in account # R4225 - Highway 1 Sidewalk/Trail. Now, therefore, be it resolved by the Council of The City of Iowa City, Iowa, that: 1. A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 5th day of February 2019, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. A copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 22nd day of January 2019 May Mproved by Attest: L��e_ . / ' /-7- 1 i Cl Clerk 6r City Attorney's Office It was moved by salih and seconded by adopted, and upon roll call there were: Ayes: P5 Nays: Cole Absent: the Resolution be Cole Mims Salih Taylor Teague Thomas Throgmorton g.J Item Number: 8.e. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT January 22, 2019 Resolution setting a public hearing on February 5, 2019 on plans, specifications, form of contract, and estimate of cost for the construction of the West Riverbank Stabilization Project directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: Estimated costs are $1,300,000, available in the West Riverbank Stabilization and Trail fund #P3981 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: Bids for this project were received on December 18, 2018 and were rejected at the January 8, 2019 council meeting. The project has been revised in an effort to receive more favorable bids. This agenda item will begin the bidding process again for the West Riverbank Stabilization Project. Background /Analysis: High water along the Iowa River, particularly during the 2013, 2014 and 2018 flood events, has accelerated bank erosion along the west side of the Iowa River just north of Highway 6. If left unchecked, loss of property will result and will preclude the installation of a long planned recreational trail along that stretch of the Iowa River. The project will involve constructing a retaining wall that will stabilize the river bank and accommodate a future recreational trail. Project Timeline: Set Public Hearing — January 22, 2019 Hold Public Hearing — February 5, 2019 Bid Letting —February 28, 2019 Award Contract — March 12, 2019 Final Completion — September 30, 2019 ATTACHMENTS: Description Resolution Prepared by Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)3565436 00, Resolution No. 19-22 Resolution setting a public hearing on February 5, 2019 on plans, specifications, form of contract, and estimate of cost for the construction of the West Riverbank Stabilization Project directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. Whereas, funds for this project are available in the West Riverbank Stabilization and Trail fund #P3981. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: 1. A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 5t' day of February 2019, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. A copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 22nd day of January / 2019 G' A—�7t May6r roved by Attes /� O�- /—/7—/? Cit Clerkr City Attorney's Office It was moved by salih and seconded by Cole the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 11.d. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org January 22, 2019 Resolution approving the preliminary plat of Tegler Second Subdivision, Iowa City, Iowa. (SUB 18-00016) ATTACHMENTS: Description PZ Staff Report PZ Minutes -Preliminary Resolution To: Planning and Zoning Commission Item: SUB18-00016 Tegler Second Subdivision GENERAL INFORMATION: STAFF REPORT Prepared by: Jesi Lile, Associate Planner Date: January 3, 2019 Applicant: IC Housing Group, LLC 366 South 101h Avenue PO Box 727 Waite Park, MN 56387 320-202-3100 mscarr@sancompanies.com Contact: Megan Carr 366 South 101h Avenue PO Box 727 Waite Park, MN 56387 320-202-3100 mscarr@sancompanies.com Property Owner: Lyle Mark & Betsy Larson 22780 Hope Dale Avenue Parker, CO 80138 847-858-3888 larsonmbjk@gmail.com Requested Action: Approval of preliminary plat Purpose: Construction of a multi -family affordable housing building and a senior housing building Location: 4643 Herbert Hoover Highway (Rochester Avenue) Location Map: ' fop r 1 f2L� �.. ..fir �; ....... r ; 7 ,. Size: Existing Land Use and Zoning Surrounding Land Use and Zoning Comprehensive Plan: Neighborhood Open Space District: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: 7.41 acres Low Density Multi -Family Residential (RM -12) Medium Density Multi -Family Residential (RM -20) Interim Development — Single Family Residential (ID -SF) North: Residential (County -R) South: Multi -Family Residential (County -RMF); Residential (County -R); Commercial (County -C) East: Residential (County -R) West: Community Commercial (CC -2); Commercial Office (CO -1); Mixed Use (MU) Residential, 2-8 dwelling units per acre Northeast District Plan; Open Space November 29, 2018 January 14, 2019 The applicant, IC Housing Group, LLC is requesting approval of the preliminary plat for Tegler Second Subdivision, a 2 -lot subdivision, which includes 2 multi -family residential lots and 1 outlot for future development located at 4643 Herbert Hoover Highway (Rochester Avenue). On December 4, 2018 the City Council passed an ordinance to conditionally rezone the property to Low Density Multi -Family Residential (RM -12) and Medium Density Multi -Family Residential (RM -20). The southern portion of the property remains Interim Development — Single Family Residential (ID - RS). The three conditions imposed by the conditional rezoning ordinance are: 1) City Council approval of a final plat that generally conforms to the street layout shown in the concept plan 2) The owner agrees to construct a north/south street to City standards such and agrees to dedicate this street to the City prior to the issuance of a building permit 3) A detailed landscaping plan must be approved by the City Forester to ensure noise and wind buffering from Herbert Hoover Highway, and development must be done in accordance with the approved plan. The subject area is currently undeveloped. To allow for development of this area, the City has required the development of a north/south public street (Nex Avenue) that will connect with Herbert Hoover Highway (Rochester Avenue). The subject area also includes some sensitive areas. Specifically, steep and critical slopes. The applicant used the Good Neighbor Policy for the rezoning, and a meeting took place on September 25, 2018. One neighbor expressed concerns with construction site runoff and storm water management. To address this, the applicant has submitted a site grading, erosion control, and sensitive areas plan with the preliminary plat. The applicant does not plan to hold another Good 3 Neighbor meeting in the platting stages ANALYSIS: Compliance with Comprehensive Plan: The Future Land Use Map of the Comprehensive Plan has designated this area for residential development at a density of 2-8 dwelling units per acre. This would allow for a maximum of 68 units on the entire 7.41 -acre site. The proposed development for this site exceeds the standards set by the Comprehensive Plan; however, the plan also calls for a mixture of housing types to provide options for more affordable housing for households of all types and income levels. Additionally, the Northeast District Plan encourages housing diversity and a mixture of single family, townhomes, and small apartment buildings located adjacent to neighborhood commercial areas and at intersections of arterial and collector streets. Due to the project's location near the commercial center of Olde Town Village and along an arterial street, City staff finds the project to be consistent with both the Comprehensive and Northeast District Plans. Subdivision design: The subdivision includes 2 multi -family residential lots and 1 outlot for future development. The proposed subdivision will require the addition of a new north/south road, Nex Avenue, on the south side of Herbert Hoover Highway (referred to as Rochester Avenue from here on). • Lot 1 is zoned Low Density Multi -family (RM -12) residential and is located south of Rochester Avenue and west of Nex Avenue. Vehicular access to this lot will be provided via Nex Avenue. Lot 1 also includes a temporary fire vehicle turnaround as Nex Avenue is stubbed off at the start of Outlot A. • Lot 2 is zoned Medium Density Multi -Family (RM -20) residential and is located south of Rochester Avenue and east of Nex Avenue. Vehicular access to this lot will also be provided via Nex Avenue. • Outlot A is zoned Interim Development Single -Family Residential (ID -RS) and currently contains one single family home with driveway access off Rochester Avenue. Nex Avenue will be stubbed off at the beginning of Outlot A with a temporary fire turnaround. With the eventual development of Outlot A, Nex Avenue will connect to east/west roads to the south. • The preliminary plat shows 5' sidewalks on both sides of Nex Avenue that will connect to the existing sidewalk on the south side of Rochester Avenue. The applicant plans to development the lots in phases. On the 2.55 -acre Lot 1 (Phase A) the applicant plans to develop a 36 -unit affordable housing community for families. A maximum of 40 units would be allowed on a lot this size zoned RM -12. The applicant has secured financing from the Iowa Finance Authority as well as the City of Iowa City for Phase A. On the 1.80 -acre Lot 2 (Phase B) the applicant plans to develop an affordable housing community, most likely for seniors. A maximum of 43 units would be allowed on a lot this size zoned RM -20, however, if the applicant pursues the development of a senior housing community, the applicant can apply for a 25% density bonus for elder apartment housing per City Code which would bring the maximum allowable units up to 53. Phase C will be the potential development of the 3.06 -acre Outlot A. The applicant has requested to temporarily keep the existing residence on Outlot A to be used as a rental property, with plans to house their construction manager during the project timeline. Currently, the house is on well water and septic sewer. City staff is open to allowing the residence to remain subject to the following requirements: 1. Public Works staff must approve a phasing plan for how the applicant will provide safe access to the house during construction. These plans must be submitted along with the construction drawings at final platting. The construction plans must also identify access to the structure after completion of the roadway. 2. At a set date to be finalized in the subdivider's agreement, the dwelling must be IR demolished or connected to City water and sewer. This date will be set based on the anticipated construction timeline and is expected to be in March 2020. The preliminary plat also shows required easements and right-of-way dedications including the 15' utility easements along the right-of-way on Rochester Avenue and Nex Avenue, there is a 20' sanitary sewer easement on the south side of Lot 1 until the sanitary sewer crosses under Nex Avenue. There is also an existing 60' access easement along the west side of the property that allows for parallel parking for the nursing home to the southwest. Both Lot 1 and Outlot A contain dry -bottom detention basins with storm water detention and storm sewer easements. The preliminary plat also shows the dedication of 0.69 acres of right-of-way along Rochester Avenue to match the right-of-way lines on both the east and west sides of the property. Traffic Implications: The addition of approximately 85 households will not significantly impact traffic counts on Rochester Avenue. Per the Iowa DOT, the current average daily traffic count on Rochester Avenue is 4,650 vehicles, and the theoretical capacity of this arterial is approximately 15,200 vehicles. Therefore, the roadway can accommodate traffic associated with the proposed subdivision. Nex Avenue will consist of a 26 -foot wide new road that will intersect with the south side of Rochester Avenue. There are no planned center or off -set turn lanes, and no traffic signals shown on the preliminary plat. The road apron for Nex Avenue will widen to approximately 70' feet at the intersection with Rochester Avenue in order to allow sufficient traffic movement both in and out of the subdivision. Transpiration planning staff has reviewed and approved Nex Avenue on the preliminary plat. Landscaping: As a condition of the rezoning, the applicant was to submit a detailed landscaping plan for approval by the City Forester to ensure noise and wind buffering from Rochester Avenue. The applicant has submitted a landscaping plan that contains details about type, location, and density of trees, shrubs, and grasses to be used. The City Forester requested one change to the plan in terms of plant species but otherwise approves the landscaping plan, which the applicant is agreeable to. Neighborhood Open Space: A subdivision of this size requires the dedication of 0.40 acres of public open space or fees in lieu of. The Parks and Recreation Department has determined that fees are appropriate in lieu of neighborhood open space dedication. The fee will be equivalent to the fair market value of 0.40 acres of property. This requirement will need to be addressed in the legal papers for the final plat. Environmentally Sensitive Areas: The subject area includes 12,326 square feet of steep slopes and 1,754 square feet of critical slopes in this subdivision, all of which, will be impacted during various phases of construction. The critical slopes are located on Outlot A, but will be impacted by the development of the dry bottom detention basin. The Sensitive Areas Ordinance allows for the development of storm water management facilities within sensitive areas. The applicant has submitted a Site Grading, Erosion Control, and Sensitive Areas Plan that has been approved by City Staff, but since the proposed project will impact more than 35% of the critical slopes, review and approval by the Planning & Zoning Commission and City Council is required. Storm Water Management: The applicant has submitted a Preliminary Storm Water Management Plan that takes into account pre- and post- development runoff and conditions and provides details about storm water conveyance and management. On Lot 1, the preliminary plat shows a dry water detention basin on the south side of the property line with a perimeter silt fence. There is also a dry bottom detention basin shown on the east side of the property located between Lot 2 and Outlot A with a perimeter silt fence built along the property line and to the south east. There is a storm sewer line shown between the dry bottom detention basin on Lot 1 connecting 5 to the dry bottom detention basin in Outlot A with Rip Rap outlet protection. Nex Avenue shows two curb inlets on both the east and west side of the street connecting to the storm water sewer line. The Site Grading, Erosion Control and Sensitive Areas Plan shows installation and maintenance details for the proposed silt fence that has been preliminary approved by Public Works. Sanitary Sewer Service: Staff is working with the developer and consultant group to resolve issues concerning the depth of the proposed sanitary sewer. Due to the topography of the site, there are issues with the sanitary sewer not being deep enough to function properly. Before the approval of the final plat, sewer depths and layout must be approved by Public Works and the Wastewater Division. Staff hopes to have these issues resolved prior to the January 3rd Planning & Zoning Commission meeting. Infrastructure fees: A water main extension fee of $456.75 per acre and sanitary sewer tap -on -fee of $1,038.26 per acre apply to this subdivision. Payment of these fees will need to be addressed the legal papers at the time of final plat approval. SUMMARY: Based on the analysis, staff find that the proposed preliminary plat is in compliance with the Comprehensive Plan and City Code except for the identified issues with the sanitary sewer. These issues are being addressed with City Staff and the applicant's consultant group, and will hopefully be resolved prior to the Planning and Zoning Commission meeting on January 3rd, 2019. The proposed project will advance the City's goal of providing more affordable housing options for residents. NEXT STEPS: Upon approval of the proposed preliminary plat, the applicant will be required to submit an application for a final plat to subdivide the land into lots. The final plat will be reviewed and approved by City Council. After the subdivision stage, the applicant will submit a site plan for staff review and approval prior to the issuance of building permits. STAFF RECOMMENDATION: Staff recommends that SUB18-00016, an application submitted by IC Housing Group, LLC for a preliminary plat of Tegler Subdivision, a 2 -lot residential subdivision with an outlot identified for future development located on 7.41 -acres of land at 4643 Herbert Hoover Highway be approved, subject to resolution of deficiencies and discrepancies noted below. DEFICIENCIES AND DISCREPANCIES: 1. Sanitary sewer depth ATTACHMENTS: 1. Location Map 2. Preliminary Plat and Sensitive Areas Plan 3. Landscaping Plans 4. Site Grading, Erosion Control, and Sensitive Areas Plan 5. Updated Elevations Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services CITY OF IOWA CITY PRELIMINARY PLAT AND SENSITIVE AREAS PLAN TEGLER SECOND SUBDIVISION A RESUBDIVISION LOT LOT 1 TEGLER SUBDIVISION IOWA CITY IOWA M M SER, IwoP.+N— uno —E— LAND oCVPE iNCHITEC 5 EVIRONUIEVAL TE,IALS 5 TYPICAL 3TFEEf SECTION STANDARD LEGEND AND NOTES m r x ncr,c on p � .wen ILATIPLIN Al —EE /'JA ® s dly of Iowa Sky 77 PRE INA PLAT AND S AND SENSITIVE IVE AREAS PLAN TEGLER SECOND SUBDIVISION A RESUBDIVISION OF LOT 1,TEGLER SUeoNISION IOWA Clry .IOHNSON COL — IOWA I.IMS CONSULTANTS INC. 11-18-19 i vJ4134-002 ��„W�,' r = � �a T ELL LOCATION MAP M M SER, IwoP.+N— uno —E— LAND oCVPE iNCHITEC 5 EVIRONUIEVAL TE,IALS 5 TYPICAL 3TFEEf SECTION STANDARD LEGEND AND NOTES m r x ncr,c on p � .wen ILATIPLIN Al —EE /'JA ® s dly of Iowa Sky 77 PRE INA PLAT AND S AND SENSITIVE IVE AREAS PLAN TEGLER SECOND SUBDIVISION A RESUBDIVISION OF LOT 1,TEGLER SUeoNISION IOWA Clry .IOHNSON COL — IOWA I.IMS CONSULTANTS INC. 11-18-19 i vJ4134-002 ��„W�,' r = � T ELL LOCATION MAP M M SER, IwoP.+N— uno —E— LAND oCVPE iNCHITEC 5 EVIRONUIEVAL TE,IALS 5 TYPICAL 3TFEEf SECTION STANDARD LEGEND AND NOTES m r x ncr,c on p � .wen ILATIPLIN Al —EE /'JA ® s dly of Iowa Sky 77 PRE INA PLAT AND S AND SENSITIVE IVE AREAS PLAN TEGLER SECOND SUBDIVISION A RESUBDIVISION OF LOT 1,TEGLER SUeoNISION IOWA Clry .IOHNSON COL — IOWA I.IMS CONSULTANTS INC. 11-18-19 i vJ4134-002 ��„W�,' STANoa4ci NoTFS d SITE GRADING, EROSION CONTROL AND SENSITIVE AREAS PLAN TEGLER SECOND SUBDIVISION A RESUBDIVISION LOTLOT 1. 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Subject to Change. it 11 rt Planning and Zoning Commission January 3, 2019 Page 2 of 18 By a vote of 6-0 (Martin absent) the Commission recommends approval of REZ18-00022, an application submitted by Allen Development, for a rezoning from ID -RP to CH -1 for approximately 3.2 acres of property located at the northwest corner of Moss Ridge Road and Highway 1 subject to the following conditions: 1. Prior to the issuance of a certificate of occupancy, closure and removal of the access road off of Highway 1. 2. No building permit shall be issued for the subject property until the City Council approves a final plat that conforms to the proposed zoning boundaries and a landscaping plan approved by the City Forester. 3. General conformance with the concept plan only in that a principal building must occupy the corner of Moss Ridge Road and Highway 1. 4. Prior to the issuance of a certificate of occupancy, installation of a 10 -foot wide sidewalk along Highway 1, as well as a pedestrian crossing across Moss Ridge Road and pedestrian ramps on the northern and southern portions of Moss Ridge Road. CALL TO ORDER: Hensch called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING/DEVELOPMENT ITEM (SUB18-00016): Discussion of an application, submitted by IC Housing Group, LLC, for a preliminary plat of Tegler Second, an 8.56 acre, 2 -lot residential subdivision with 1 outlot for future development located at 4643 Herbert Hoover Highway. Lile began the staff report noting the applicant, IC Housing Group, LLC is requesting approval of the preliminary plat for Tegler Second Subdivision, a 2 -lot subdivision, which includes 2 multi- family residential lots and 1 outlot for future development located at 4643 Herbert Hoover Highway but the address will change to Rochester Avenue as the area is developed. The IC Housing Group has a purchase agreement in place for the property. On December 4, 2018 the City Council passed an ordinance to conditionally rezone the property to Low Density Multi - Family Residential (RM -12) and Medium Density Multi -Family Residential (RM -20). The southern portion of the property remains Interim Development — Single Family Residential (ID- RS). The three conditions imposed by the conditional rezoning ordinance are: 1. City Council approval of a final plat that generally conforms to the street layout shown in the concept plan 2. The owner agrees to construct a north/south street to City standards such and agrees to dedicate this street to the City prior to the issuance of a building permit 3. A detailed landscaping plan must be approved by the City Forester to ensure noise and wind buffering from Herbert Hoover Highway, and development must be done in accordance with the approved plan. Lile showed an overview of the three part project, in phase A there will be construction of an affordable family apartment building with 36 units, they have been awarded funding from the Iowa Finance Authority, in addition there is $700,000 from The Housing Trust Fund and Planning and Zoning Commission January 3, 2019 Page 3 of 18 $200,000 from the City. Phase B will be an affordable senior housing project with 52 units and phase C is for future development. Lile showed the preliminary plat, it is divided into three lots, there will be the development of a north/south public street (Nex Avenue) that will connect with Rochester Avenue (Herbert Hoover Highway). Lot 1 is located south of Rochester Avenue and west of Nex Avenue, vehicular access to this lot will be provided by Nex Avenue. Lot 1 also includes a temporary fire vehicle turnaround as Nex Avenue is stubbed off at the start of Outlot A, there is also a dry bottom detention basin at the south side of the property line. Lot 2 is located south of Rochester Avenue and east of Nex Avenue, Nex Avenue will also provide vehicular access to lot 2. Outlot A currently contains one single family home with driveway access off Rochester Avenue. There are plans for a second dry bottom detention basin between outlot A and lot 2 on the east side of the property. Nex Avenue will be stubbed off at the beginning of outlot A with a temporary fire turnaround. With the eventual development of outlot A, Nex Avenue is planned to connect to the east/west roads south of the property. The applicant has requested to temporarily keep the residence on outlot A to be used as a rental property with plans to house their construction manager during the project timeline. Currently the house is on well water and septic sewer. City Staff is open to allowing the residence to remain subject to a few requirements: 1. Public Works staff must approve a phasing plan for how the applicant will provide safe access to the house during construction. These plans must be submitted along with the construction drawings at final platting. The construction plans must also identify access to the structure after completion of the roadway, Nex Avenue. 2. At a set date to be finalized in the subdivider's agreement, the dwelling must be demolished or connected to City water and sewer. This date will be set based on the anticipated construction timeline and is expected to be in March 2020. The Northeast District Plan encourages an interconnected transportation system, there are existing 8 foot sidewalks along Rochester Avenue and the preliminary plat shows 5 foot sidewalks on both sides of Nex Avenue that will connect to the existing sidewalks on the south side of Rochester Avenue. Lile noted there is also access to transit within a half mile of the proposed subdivision. As per the conditional zoning agreement, the new street (Nex Avenue) will be built to City standards. This development will not cause a significant increase in traffic in the area, Rochester Avenue has the capacity to handle about 15,000 vehicles per day and is currently under 5,000. The Northeast District Plan also calls for increasing neighborhood areas for open space, a subdivision of this size requires the dedication of 0.40 acres of public open space or fees in lieu of. The Parks and Recreation Department has determined that fees are appropriate in lieu of neighborhood open space dedication. The fee will be equivalent to the fair market value of 0.40 acres of property. This requirement will need to be addressed in the legal papers for the final plat. The subject area includes 12,326 square feet of steep slopes and 1,754 square feet of critical slopes in this subdivision, all of which, will be impacted during various phases of construction. The critical slopes are located on Outlot A, but will be impacted by the development of the dry bottom detention basin. The Sensitive Areas Ordinance allows for the development of storm water management facilities within sensitive areas. The applicant has submitted a preliminary stormwater management plan that proposed two dry bottom detention basins in order to deal with storm runoff. In September 2018 the applicant held a good neighbor meeting where one neighbor expressed concerns with construction site runoff and storm water management but there has been no further correspondence since then. Planning and Zoning Commission January 3, 2019 Page 4 of 18 Lile noted in the staff report the Commission received, the sanitary sewer was listed as a deficiency due to depth issues however these have been mostly resolved with the remaining details to be worked out in the construction drawings. The applicant also provided a concept plan for phase A and phase B, it is just a concept and details will need to be refined in the site plan stage. The applicant also provided some updated elevations from what was seen at the rezoning meeting, which are also subject to change during the site plan stage. Lile noted as per the conditional zoning agreement the applicant submitted a detailed landscaping plan for approval by the City Forester, overall he liked the design and plant diversity and composition, the one comment made was to replace red pine with something else (and he gave suggestions for that) as red pine does not do well in hot and humid areas. Staff recommends that SUB18-00016, an application submitted by IC Housing Group, LLC for a preliminary plat of Tegler Subdivision, a 2 -lot residential subdivision with an outlot identified for future development located on 7.41 -acres of land at 4643 Herbert Hoover Highway be approved. Lile noted next steps will be upon approval of the proposed preliminary plat, the applicant will be required to submit an application for a final plat to subdivide the land into lots. The final plat will be reviewed and approved by City Council. After the subdivision stage, the applicant will submit a site plan for staff review and approval prior to the issuance of building permits. Baker asked if this was the only review the Zoning Commission will have of this project. Hektoen noted that the rezoning of the property came before the Commission. Baker questioned the width of Nex Avenue at 20 feet. Russett noted she believes it is 28 feet, and the applicant can clarify. Hensch noted the application says 26 foot road with apron. Baker asked if it can be widened in the future. Lile said it just means it is a bit wider where Nex Avenue connects with Rochester Avenue, but there is no turning lane. Baker shared concern once Nex Avenue is connected to the roads to the south. Baker questioned the traffic counts on Rochester Avenue and if it included the entire length of Rochester Avenue. Lile said the counts are for the area where this development will be happening. Baker noted the language for the senior housing states "most likely seniors" and wondered if that has been solidified into absolutely will be senior housing. Lile stated the applicant is proposing senior housing. Russett noted the applicant is submitting an application to the Iowa Finance Authority for funding to build an affordable housing senior complex but the zoning on the site would allow senior or multi -family. Hektoen noted senior housing is permitted in the RM -20 zone, Russett reiterated the applicant is looking for the financing. Baker noted the neighbor concern about runoff was addressed but questioned if that neighbor informed of improvement to the plan. Russett said the neighbor would have received a letter in the mail. Signs noted that neighbor was at the previous Planning and Zoning meeting where the rezoning of this property was discussed. Dyer noted the senior housing building will be further from the city transit than the affordable housing building. Hensch noted his concern regarding stormwater runoff and if the City Engineer had signed off on the plan. Lile noted they are working on a few final details of the plan. Dyer asked when outlot A is developed in the future would it come back before the Commission Planning and Zoning Commission January 3, 2019 Page 5 of 18 Hektoen noted it would because it would require a rezoning. Townsend asked about paying a fee -in -lieu for the neighborhood open space and noted with that many residents, whether they are seniors or not, shouldn't there be some open space. Russett noted the neighborhood open space requirements provide an option to either providing the public open space on the site or the fee -in -lieu to go to the City's park system, so in this case the money would go towards the public park systems. There will still be private open space in the development, not public. The application is showing a private open space on property with amenities for children, a playground area and benches for seating. Parsons asked what the setback of the building on lot A from Rochester Avenue will be. Russett replied it will be 40 feet. Baker asked for clarification on the width of the road (Nex Avenue) as it connects to Rochester Avenue and it will remain 26 feet wide, so what is a road apron of 70 feet will widen to allow for sufficient traffic movement. Russett said Public Works and Transportation would have to answer that question, she believes it is just the general design that is approved for a 26 foot wide road, as it gets closer to the intersection it needs to be widened to make for easier turning movements. Hensch opened the public hearing. Jamie Thelan (3665 10th Avenue, Waite Park, MN) is the CEO of IC Housing Group, LLC and wanted to give a little more detail about the development, they have been in business for about 27 years, they develop multifamily and commercial developments including hotels, their main office is in Minnesota although they have properties Cedar Rapids, Coralville and Indianola. They do developments and find their own sites for multifamily and hotels, do the construction, they are their own general contractor, own architect and also manage their properties. As the Staff reported there is Lot 1, Lot 2 and Outlot A, the first phase is a 36 unit proposed building, on lot 2 is a proposed 52 unit senior housing development and outlot A is being held for future development. With regards to building design on the first building they are pretty far along, they have secured most of their funding for that building, and will start construction in March or April, he showed a rendering of the building as well as some pictures of common areas that are typical in these developments (fitness room, community room, and leasing office onsite), all the units will have patios or decks, full appliance packages including washers and dryers, walk-in closets, secure access and it will be an elevator building. Thelan noted this is an affordable housing project with mixed income (some units will be market rate). There will be 6 one -bedroom units, 12 two-bedroom units and 18 three-bedroom units so it is really designed for families. There are mixed income restrictions, some units at 30%, some at 40%, some at 60% and some at market value. That equates to a rental range in each of the three types of units. Thelan showed concepts of phase 1 and the open space areas including a children's playground area, grills, and picnic tables. Thelan noted the building concept for phase 2 is really just a concept at this time, they are proposing a senior development and they are making an application to Iowa Finance Authority for an affordable senior project, if that gets funded a senior affordable project is the plan. The building design for the senior project will be similar to the multifamily building, it won't be exactly the same but will try to match the design concepts and the amenities will be similar. The senior building will all be two-bedroom units, each unit approximately 870 square feet, and a mix of 40% and 60% and some market units. He noted in the senior building they opened in Coralville last year they included a gazebo, elevated planting beds, and other outdoor areas and hope to add Planning and Zoning Commission January 3, 2019 Page 6 of 18 those to this proposed concept as well. Hensch asked if they do not get the funding for the senior housing development would it then become a mixed income unit like the one on lot 1. Thelan said they would look at that, with the senior project they get a density bonus so they would have to see the impact of that, but that is likely although it would be less units than the 52 proposed for the senior development. Hensch asked about the issues raised regarding stormwater runoff, Thelan noted they have worked with MMS Consultants (their civil engineer) and all concerns have been addressed though design and will meet the City requirements. Dyer asked if there is any open green space that will not be concrete of children tile area. Thelan said there is green space on Rochester Avenue, lawn space between the sidewalk and the building, as well as some green space on the south side. Baker asked if they do not get the funding for the senior housing and instead build a multifamily would they change from all two-bedroom units to a mix of one, two and three. Thelan confirmed if they went to a family housing development it would more mirror phase 1. Hensch closed the public hearing Parson moved to recommend approval of SUB18-00016, an application submitted by IC Housing Group, LLC for a preliminary plat of Tegler Second, an 8.56 acre, 2 -lot residential subdivision with 1 outlot for future development located at 4643 Herbert Hoover Highway, subject to the revisions. Townsend seconded the motion. Dyer shared a concern of all the space being used up by buildings and concrete, not much green space and there is no nearby park space. A vote was taken and the motion passed 6-0 (Martin absent). REZONING/DEVELOPMENT ITEM (REZ18-00024/SUB18-00017): Discussion of an application, submitted by Bedrock, LLC, for a rezoning of approximately 18.03 acres from Interim Development Multi -family Residential (ID -RM) zone to Planned Development Overlay/Low Density Single-family Residential (OPD/RS-5) zone, Planned Development Overlay/Low Density Multi -family Residential (OPD/RM-12) zone and Neighborhood Public (P-1) zone and a preliminary plat of Cherry Creek subdivision, a 20- lot, 18.03 acres subdivision located east of S. Gilbert Street and south of Waterfront Drive. Heitner presented the staff report and noted an earlier version of this application was first presented to the Planning and Zoning Commission in the spring, this is a second iteration of this application. The application is submitted by Bedrock, LLC with the intention of creating a 20 -lot residential subdivision with one lot being reserved for a future use of a City fire station. Heitner showed aerial views of the subject property, the property is currently privately held however the City does have a purchase agreement for Lot 1 of the subdivision with intent to construct a City fire station at a later date. Heitner showed an overview of the proposed zoning, Lot 1 would be P-1, the southeast area is proposed as OPD/RS-5, and the remainder of the area would be OPD/RM-12. Prepared by: Jesi Lite, Associate Planner, 410 E. Washington St, Iowa City, IA 52240, 319-356-5240 (SUB18-00016) Resolution No. 19-23 Resolution approving the preliminary plat of Tegler Second Subdivision, Iowa City, Iowa. Whereas, the applicant, IC Housing Group, LLC, filed with the City Clerk, an application for approval of the preliminary plat of Tegler Second Subdivision, Iowa City, Iowa; and Whereas, the Department of Neighborhood and Development Services 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 The preliminary plat of Tegler Second Subdivision, 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,22nd day of Jany 19. � /J Att4ityLC.Ierk �1 V It was moved by 'Thomas adopted, and upon roll call there were: Approved By City Attorney's Office , ,to l g and seconded by Salih the Resolution be Ayes: Nays: Absent: X Teague X Cole X Mims X Salih X Taylor X Thomas x Throgmorton slpcdliowa city. 1757.1.preliminary_plat_—resolution.doc Item 11.d.: Tegler Second Subdivision - Preliminary Plat SU B18-00016 Resolution approving the preliminary plat of Tegler Second Subdivision, Iowa City, Iowa. k9'b d N � Q N 4 - UR O G W10-BBtl i%1W 2 i ON. A Axl.; tc-: An application submitted by IC Housing Group, LLC for a preliminary plat for a subdivision of 7.41 acres located at 4643 Herbert Hoover Highway SE CITY OF IOWA CITY mz p �3'4h '- Nov sE CITY OF IOWA CITY mz p Nov sE _:y H x U Z UNBRIDLED AVE v ; 'O O 2 G GRINDSTONE ONE DF m r U R a n 1 TM Y X p k Three Phase Project Phase A: Affordable, family apartment building 36 units Awarded LIHTC from Iowa Finance Authority Awarded $775,000 from the Housing Trust Fund Awarded $200,000 from the City Future Phase B: Affordable, senior housing 52 units Future Phase C: Future rezoning MPL ICAM: O W NER9 ATTORNEY: LSONANO IS HOUSING GROUP, LLC MDERSONSHOUGHTON, LLP `- NIARSON P.0. BMT SIEYEN C. ANDERSON 'E SAM AVENUE WARE PI MN 59991 599 RIGNWAY ONE WE ST :0 80130 MOD ICWA CIM IA 4214 \ iP I �� �liq ji k6. jLa� III Ill ry ✓ ` b OIJTLOT'A` , Il m IJ • �P_SIQ CJ Northeast District Plan encourages an interconnected transportation system Access to transit within %: mile 70FIWA Existing 8 -foot sidepath along Rochester Avenue New north/south street (Nex Avenue) built to City standards Ah :J Neighborhood Open Space, Sensitive Areas, Storm Water, Sewers • 0.40 acres of public open space or pay a fee in -lieu • 12,326 square feet of steep slopes • 1,754 square feet of critical slopes • Critical slopes located on Outlot A will be impacted by the development of the dry bottom detention basin • Pre- & post - development runoff conditions • Storm water conveyance and management • 2 dry bottom detention basins �'�- II II IL -- mob- PHASE G i6D 4.46 ACRES II I *San Preliminary. Subject to Change. Architects, LLC a CONCEPT LANDSCAPE PLAN NEN APARTMENTS JOHN4 NOCONTY Planning Commission Recommendation The Planning & Zoning Commission recommends approval of application SUB18-00016 a preliminary plat of Tegler Subdivision, a 2 -lot residential subdivision with an outlot identified for future development located on 7.41 acres of land at 4643 Herbert Hoover Highway. Item Number: 14. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT January 22, 2019 Resolution authorizing the acquisition of property interests necessary for construction of the American Legion Road Improvements Project. Prepared By: Scott Sovers, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: Funding will be via the American Legion Rd -Scott Blvd to Taft Ave account #S3854 Recommendations: Staff: Approval Commission: N/A Attachments: Map Resolution Executive Summary: Preliminary design for the American Legion Road Improvements Project is underway. A preliminary assessment indicates the proposed improvements require the acquisition of permanent right-of-way, permanent utility easements and temporary construction easements from property owners within the project corridor. Because the anticipated acquisitions include agricultural land, the City is required to give notice of intent to commence the project to all property owners whose properties may be acquired in whole or in part for the project, per I owa Code. Background /Analysis: American Legion Road is currently a rural roadway (one -lane in either direction) with ditches. To support projected growth within the southeast quadrant of the City, the roadway and associated infrastructure needs upgrading to current urban arterial design standards. Identifying this future need, in 2014, the city prepared functional design plans forAmerican Legion Road to establish design parameters, identify preliminary right-of-way needs, review options for intersection improvements and to prepare an overall engineer's option of probable project costs. These documents will act as a baseline for the project as it progresses through preliminary and final design. ATTACHMENTS: Description Map and Typical Cross Section Resolution 1 i i 1 g I I i AMERICAN LEGION ROAD - s�r as a■■■■i.■.■w........ .....■■■f i�1l MI f r tI i a I i1 Proposed -i Roundabout > � I Proposed American Legion Road a I Reconstruction - "�;'; ai Scott Boulevard — — _ _ to Taft Avenue St 7M ` III',�iPNjIl'— American Legion Road Reconstruction - Scott Boulevard to Taft Avenue ►.ger. �°1 /� t _ I 1��f`f•.p, t..=500' Proposed Grade -Separated LOCATION MAP Sidewalk Crossing o \* •�r�••.f Existing School Site 3 i 1 L — — J o 1: NFRMll `­ ...... .... 5N ... . .. ENGIN111 � ' [ N1115 ' 11,1 [ON' REFER 10 OTHER Fl—N.' 101 DE,A[,D o D11-1 I D I— 11, o END BACI F I TT 3.0 O IAIIHF ITT 6" "ANDAPD CIPP N IS —IN IN 1ABIT—ON _2 , F 1 2 JOIN' REIOCAIED 1111— POlEl (BI OTHER' I NORTH I Ft, -F -1 1 SOUTH NIFOEIT 1c: — 1111-11 11: AMERICAN LEGION D I Iowa DOT Project# -- I FIRID. AMERICAN SE 10-11 B.01 TYPICAL CROSS SECTIONS AND DIET oth AILS 1,�l FILI Illl 1-1111 N/ a" ROAD IDEN71FICATION STATION TO STATION NIFOEIT 1c: — 1111-11 11: AMERICAN LEGION D I Iowa DOT Project# -- I FIRID. AMERICAN SE 10-11 B.01 TYPICAL CROSS SECTIONS AND DIET oth AILS 1,�l FILI Illl 1-1111 N/ Prepared by: Scott Sovers, Sr. Civil Engineer Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 14 Resolution No. 19-24 Resolution authorizing the acquisition of property interests necessary for construction of the American Legion Road Improvements Project. Whereas, the City of Iowa City desires to construct the American Legion Road Improvements Project ("Project') which generally includes the reconstruction of American Legion Road (Scott Boulevard to Taft Avenue) to current urban design standards with sidewalks on both sides; and Whereas, the City Council has determined that construction of the American Legion Road Improvements Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessaryto construct, operate and maintain the proposed project; and Whereas, the City staff has determined the location of the proposed Project; and Whereas, Notice of Intent to acquire property rights which may be needed for the Project and the public hearing was given to all owners of agricultural property whose properties may be affected by the Project by ordinary mail on December 21, 2018, and was published in a newspaper of general circulation in the county where the agricultural land is located on January 8, 2019, all as required by Chapter 613 of the Iowa Code; and, Whereas, a public hearing was held on January 22, 2019; and, Whereas, City staff should be authorized to acquire necessary property rights at the best overall price to the City; and Whereas, funds for this project are available in the American Legion Rd -Scott Blvd to Taft account # S3854. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit -claim deed, and/or easement for the construction of the American Legion Road Improvements Project ('Project') which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit -claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. Resolution No. 19-24 Page 2 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 22nd day of January 2019 MayKr Attest: City Clerk It was moved by salih adopted, and upon roll call there were: Ayes: and seconded by Nays: p roved b City Attorney's Office Teague Absent: the Resolution be Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 15. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT January 22, 2019 Resolution authorizing the Mayor to execute an Agreement with The Housing Fellowship for $150,000 for the Del Ray Ridge, L.P. Low Income Housing Tax Credit project. Prepared By: Tracy Hightshoe, NDS Director Reviewed By: Geoff Fruin, City Manager Sue Dulek, Assistant City Attorney Fiscal Impact: $150,000 - FY19 local funds set-aside for land banking proposed. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Agreement Executive Summary: In October 2017 City Council passed a resolution committing $330,000 in City funds to the Del Ray Ridge, L.P. application for FY17 & FY18 Low Income Housing Tax Credit (LIHTC) funds. The Housing Fellowship serves as the project's General Partner. The project was awarded tax credits by the Iowa Finance Authority in March of 2018. The project consists of 33 one and two- bedroom residential units, 29 of which must be affordable to households under 60% area median income for a period of 30 years. Due to unanticipated construction costs, the Housing Fellowship requests additional funding. Background /Analysis: The location of the proposed building, 628 S. Dubuque Street, has an old, active sanitary sewer main. As the old main would run under the new proposed building, the developer must relocate the sewer main. The developer proposed to relocate the sewer main along the railroad property line; however, it would be difficult for the City to access and maintain the line due to the narrow width between the proposed structure and the railroad. The City's preferred route for the new main is along Wright Street and Clinton Street. This route includes a crossing of the Iowa Interstate Railroad, which will require an easement from the railroad. The sanitary sewer relocation will increase the cost to develop the lot. The developer estimates this cost to be $234,375. Staff recommends allocating an additional $150,000 (64% of the total proposed cost for the sanitary sewer main relocation) to The Housing Fellowship. In exchange for these funds, the Housing Fellowship agrees to maintain these units at the same affordability levels in perpetuity. Four units shall be affordable to households at or below 30% area median income ("AMI"); five units shall be affordable to households at or below 40% AMI; and 20 units shall be affordable to households at or below 60% AMI. The remaining four units shall be unrestricted with respect to household income. The Housing Fellowship intends to purchase the property from the Del Ray Ridge, L.P. after 15 years. Staff recommends that the $150,000 be allocated from the set-aside for land banking. There is currently $711,000 in this fund, of which $204,000 has been committed. $507,000 remains available for this request. ATTACHMENTS: Description Resolution agreeement 15 Prepared by Tracy Hightshoe, Neighborhood 8 Development, 410 E. Washington Street, Iowa City, IA 52240 319.356.5230 RESOLUTION NO. 19-25 Resolution authorizing the Mayor to execute an Agreement with The Housing Fellowship for $150,000 for the Del Ray Ridge, L.P. Low Income Housing Tax Credit Project. Whereas, Del Ray Ridge, L.P. was awarded 2018 Low Income Housing Tax Credits (LIHTC) from the Iowa Finance Authority to finance the construction of a 33 -unit affordable housing project at 628 South Dubuque Street, Iowa City, Iowa; and Whereas, on August 7, 2018, the City and Del Ray Ridge, L.P., an Iowa limited partnership, entered into a loan agreement whereby the City provided a $330,000 loan for the provision of affordable housing at 628 S. Dubuque Street that was approved in Resolution No. 18-227 by the City Council; Whereas, the project encountered unanticipated project costs due to the existence of an old, active sanitary sewer main and the expense to relocate the main is estimated at $234,375; and Whereas, The Housing Fellowship, the project's General Partner, requests $150,000 towards the expense; and Whereas, The Housing Fellowship has an option to purchase the property from Del Ray Ridge, L.P. in 2034 and intends to exercise said option and continue the provision of affordable housing; and Whereas, if The Housing Fellowship acquires the property in 2034, it will be required to continue providing affordable housing through the 30 -year compliance period and thereafter; Whereas, it is in the best interest of the City to support this affordable housing project. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The Mayor is authorized to execute the attached grant agreement with The Housing Fellowship and the City Manager is authorized to execute any amendment thereto. Passed and approved this 22ndday of January 2019 MAYOR J Approved bv ATTEST: - ; City Clerk City Attorney's Office Resolution No. Page 2 19-25 It was moved by Taylor and seconded by Salih the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ C Cole x Mims x Salih x Taylor % Teague x Thomas % Throgmorton Prepared by: Susan DuIck, AWL City Alty, 410 E. Washington St, Iowa City, ]A 52240,3191356-5D31 GRANT AGREEMENT Re: SANITARY SEWER This Grant Agreement is entered into by and between the City of Iowa City, a municipal corporation ("City"), and The Housing Fellowship ("TIS") in Iowa City, Iowa. WHEREAS, on August 7, 2018, the City and Del Ray Ridge, L.P., an Iowa limited partnership, entered into a loan agreement whereby the City provided a $330,000 loan for the provision of affordable housing at 628 S. Dubuque Street that was approved in Resolution No. 18-227 by the . City Council; WHEREAS, Del Ray Ridge, L.P. has a purchase agreement for 628 S. Dubuque Street ("property"), legally described below, and intends to construct a 33 -unit residential building on the property; WHEREAS, THF is the general partner of Del Ray Ridge, L,P.; WHEREAS, the project is financed in part through 2018 Low Income Housing Tax Credits that require that the property remain affordable for thirty years ("30 -year compliance period"); WHEREAS, THF has an option to purchase the property from Del Ray Ridge, L.P. in 2034 and intends to exercise said option and continue the provision of affordable housing thereafter; WHEREAS, if THF acquires the property in 2034, it will be required to continue providing affordable housing through the 30 -year compliance period; WHEREAS, because the proposed building on the property is to be constructed over the existing sanitary sewer main, Del Ray Ridge, L.P. must relocate the sewer main; WHEREAS, Del Ray Ridge, L.P estimates that the City's preferred route for the new main will increase the cost of development by $234,375; WHERES, the City will grant THF $150,000 from its affordable housing land banking fund to be used to relocate the sanitary sewer main in exchange for the THF committing to the purchase of the property and maintaining the affordable housing after the 30 -years compliance period expires; and WHEREAS, the City and THF desire to enter into an agreement for the contribution and use of the grant funds. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Amount of Grant Funds. The City shall provide $150,000.00 ("grant funds") to THF payable upon issuance of a building permit to Del Ray Ridge, L.P. for the building to be constructed on the property. 2. Use of Grant Funds. THF shall use the grant funds for the sole purpose of relocating the sanitary sewer main at the property along Wright Street and Clinton Street, the City preferred route. 3. Acquisition OfPropertv/Post 30 -Year Compliance Period: THF shall make all reasonable efforts to purchase the property from Del Ray Ridge, L.P. in 2034. Following the expiration of the 30 -year compliance period, THF shall provide the units at the following rent limits to persons meeting the following income limits: a. Household income. 4 units shall be affordable to households at or below 30% area median income ("AMP'); 5 units shall be affordable to households at or below 40% AMI; and 20 units shall be affordable to households at or below 60% AMI. The remaining 4 units shall be unrestricted with respect to household income, b. Maximum rent. The rent shall be limited by the income level targeted. For example, if the income level targeted is 30% AMI, then the rent cannot exceed 30% of the maximum income for a household at 30% of AMI (annual income limit). A two-bedroom unit would use the household size of 3 to calculate 30% AMI. A one -bedroom unit would use the household size of 1.5 to calculate 30% AMI (average of a one and two -person household at 30% AMI). The rent for the remaining four units without income targets shall be unrestricted. c. THF shall provide all documentation reasonably requested by the City to show compliance with the rent and income limits. The property locally known as 628 S. Dubuque Street, Iowa City, Iowa is legally described as: Lot 5 in Block 10 in that part of Iowa City, Iowa, known as the County Seat of Johnson County, Iowa, according to the plat thereof in Book 1 and 2, Page 253, Deed Records of Johnson County, Iowa. Upon acquisition, THF shall record a restrictive covenant running with the land at its cost, to be approved by the City Attorney, that requires THF, and its successors and assigns, to continue the provision of affordable housing on the property in accordance with the affordable housing terms herein, The purpose of said restrictive covenant is to ensure the continuation of affordable housing in perpetuity on the property. 4. Default. The City acknowledges and agrees that THF cannot ensure that it will purchase the property. If THF is unable to purchase the property upon taking all reasonable efforts, THF is under no obligation to repay the grant funds. If THF is unable to continue furnishing affordable housing at the property after the expiration of the 30 -year compliance period, THE is under no obligation to repay the grant funds. 5. Term. This agreement is effective upon execution and shall terminate if THF is unable to purchase the property. If THF acquires the property, the agreement shall continue indefinitely until the parties mutually agree to terminate the agreement. 6. Non -Assignability. THP shall not assign this Agreement without the City's written consent. 7. Nondiscrimination. THF shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment, 8. Integration. This Agreement contains the entire understanding of the parties. 9. Conflict of Laws and Venue. The laws of the State of Iowa shall govern this Agreement, and venue for any legal action hereunder shall be in the Johnson County District Court of Iowa or the U.S. District Court for the Southern District of Iowa. Dated: I — 2-2 - I R IOWA CITY Janks A. Throgmorton, Mayor Dated: ` - t� E HOUFMP FELLOWBSH^^II1P By: Mary nn Dennis, Exectitive Director City Attorney's Office Item Number: 16. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT January 22, 2019 Resolution adopting an assessment schedule of unpaid mowing, clean-up of property, snow removal, sidewalk repair, and stop box repair charges and directing the Clerk to certify the same to the Johnson County Treasurer for collection in the same manner as property taxes. Prepared By: Kellie Fruehling, City Clerk Reviewed By: Geoff Fruin, City Manager Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution w/ Exhibits A and B Executive Summary: This resolution is to adopt an assessment schedule for unpaid mowing, property clean-up, snow removal, sidewalk repair, and stop box repair. Background /Analysis: The City has the authority under Iowa Code §364.13B to assess the nuisance abatement costs in the same manner as a property tax. This resolution allows the City Clerk to certify to the Johnson County Treasurer the abatement cost to be assessed against the property. This assessment is being pursued only after the City took many steps to resolve the matter. The City notified the homeowners to abate the nuisance (for example, to remove snow from the sidewalk) and after the homeowner did not take action to abate the nuisance, the City abated the nuisance and billed the owner. After being billed at least twice, these owners still have not paid the abatement costs. The City has sent a letter to the homeowner giving them notice that this resolution would be on the agenda, a copy of which is attached to the resolution. No interest will be charged if the owner pays within 30 days of the first required publication. Attached as an exhibit to the resolution is a list of the properties that will be assessed and the amount that will be assessed. ATTACHMENTS: Description Resolution Exhibit A Exhibit B I& Prepared by: Kellie Fruehling, 410 E. Washington St., Iowa City, IA 52240-319-356-5040 RESOLUTION NO. 19-26 Resolution adopting an assessment schedule of unpaid mowing, clean-up of property, snow removal, sidewalk repair, and stop box repair charges and directing the Clerk to certify the same to the Johnson County Treasurer for collection in the same manner as property taxes. Whereas, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same manner as property taxes; Whereas, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; Whereas, Iowa Code § 364.138 authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and Whereas, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and time of the public hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa: Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code § 384.60(1). The amounts listed in Exhibit A for unpaid mowing charges, clean-up property charges, snow removal charges, sidewalk repair charges and stop box repair charges are confirmed and levied against the properties listed in Exhibit A. All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on March 7, 2019. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until March 6, 2019 payment maybe made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. Resolution No. 19-26 Page 2 The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the final assessment schedule. Passed and approved this 22nd day of January _'2019. 14;z-- M4or roved b r"^ r^' ) ATTEST: LC.—' � '� ^/ /'/J 1 /15 Cit Clerk City Attomeyls Office It was moved by 'Thomas and seconded by Teague the Resolution be adopted, and upon roll call there was: AYES sue\Ord&ReslA bateRes.doc NAYS: ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton \ j [ | § � } ( , - � § � k � � ; ! i $ | $ j § ) § ( ) $ # ( | § § § e § § B � 2 ( � § . § ■ 2 2 @ ; � | ! f \ m \ 0 - z Dear Property Owner: This is to notify you that the City Council will be considering a resolution on January 22, 2019 that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing, clean-up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. The City Council meeting begins at 7:00 pm and is held at Harvat Hall, City Hall, 410 E. Washington St., Iowa City, Iowa. If you want to challenge the assessment, you are advised to come to the City Council meeting. You may also submit a letter or email to the City Council. The mailing address is: City Council, % City Clerk, 410 E. Washington St., Iowa City, IA 52240 and the email address is council(a)-iowa-citv.org Please note that all communication with City Council is a public record. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerks office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact my office at 356-5041. Sincerely, Kellie Fruehling City Clerk Enc. Copy to: Accounting Division-wlenc. I r e EXHIBIT B�UM a CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 January 15, 2019 (3 19) 356.5000 (319) 356-5009 FAX ((Property_Owner» www.icgov.org ((Mailing Address)) «City», «State» ((Zip)) Dear Property Owner: This is to notify you that the City Council will be considering a resolution on January 22, 2019 that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing, clean-up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. The City Council meeting begins at 7:00 pm and is held at Harvat Hall, City Hall, 410 E. Washington St., Iowa City, Iowa. If you want to challenge the assessment, you are advised to come to the City Council meeting. You may also submit a letter or email to the City Council. The mailing address is: City Council, % City Clerk, 410 E. Washington St., Iowa City, IA 52240 and the email address is council(a)-iowa-citv.org Please note that all communication with City Council is a public record. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerks office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact my office at 356-5041. Sincerely, Kellie Fruehling City Clerk Enc. Copy to: Accounting Division-wlenc. 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