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HomeMy WebLinkAbout1997-12-16 Resolution Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240(319) 356-5041 RESOLUTION NO. 97-404 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Tabac -- 115 S. Linn Street Petro-n- Provisions -- 2 Escort Lane Passed and approved this 16th day of December ,1997. City Attomey's Office It was moved by Lehman and seconded by be adopted, and upon roll call there were: Norton the Resolution AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef clerk\cigpe~n.res Prepared by: Chuck Schmadeke, PW Director, 410 E. Washington St., Iowa City, IA 52240, (319)356-5141 RESOLUTION NO. 97-405 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUC- TION OF THE CAPTAIN IRISH PARKWAY PHASE I IMPROVEMENTS PRO- JECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public headng 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 13th day of January, 1998, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. That the City Clerk is hereby authorized and directed to publish notice of the public headng for the above-named proposal 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 headng. That the 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 l 6th day of rlPcPmhPr , 1997. pweng\res\irishpkw.res Approved by /q / /7 LCity A_~ey's ~)~ /~_~_~ Resolution No. 97-405 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X the Resolution be X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Jim Brachtel, Senior Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 97-406 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENT FOR COURT PARK SUBDIVISION, AND DECLARING THE PUBLIC IMPROVEMENT OPEN FOR PUBLIC USE. WHEREAS, the Engineering Division has certified that the following improvement has been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer improvement for Court Park Subdivision, as constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public use are hereby formally accepted and declared open for public use. Passed and approved this 16th day of December , 1997. MAYOR It was moved by Lehman and seconded by adopted, and upon roll call there were: Approved by... CityA orney~~ffi~ce ~h City~ Norton the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng\res\ctpark.wp5 CITY OF I0 WA CITY ENGINEER'S REPORT December 16, 1997 Honorable Mayor and City Council RE: Court Park Subdivision Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer for Court Park Subdivision has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office for the sanitary sewer improvements constructed by Bockenstedt Excavating, Inc., of Iowa City, Iowa. I recommend that the above-referenced improvement be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer 410 EAST ~.~,ASHINGTON STREET · I()'~X 4 ('115. IOX,~,A 51240-1826 · (3191 356-5000 · FAX (319) 356-5000 Prepared by: Denny Gannon, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142 RESOLUTION NO. 97-407 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER MAIN, TILE LINE AND PAVING PUBLIC IMPROVEMENTS FOR SOUTH POINTE ADDITION, PART 6, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, tile line, and water main improvements for South Point Addition, Part 6, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for South Pointe Addition, Part 6, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 16th day of December , 1 997. CIT~LERK [ City A,lttomey"t~"O~ice /~.-~-?- ? ~ It was moved by Lehman and seconded byX-----N~'rton ~he Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton X Novick X Thornberry X Vanderhoef pweng/res/stpoin t.doc CITY OF I0 WA CITY ENGINEER'S REPORT December 4, 1997 Honorable Mayor and City Council Re: South Pointe Addition, Part 6 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, water main, tile line, and paving improvements for South Pointe Addition, Part 6 have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, tile line, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer 410 EAST ~'ASHIN(;TON STREET * IO¥.'A ('ITS. IO~,A ~2240-1826 * (31~J} 356-50OII · FAX {31g) 356-~1109 Prepared by: Rob Winstead, Sr. Engineer, City of Iowa City, 410 E. Washington St., Iowa City IA 52240 (319) 356-5145 RESOLUTION NO. 97-408 RESOLUTION AUTHORIZING THE ACQUISITION OF RIGHT-OF-WAY, PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF COURT STREET EXTENDED, PHASE 1 IMPROVEMENTS. WHEREAS, the City of Iowa City has undertaken a project known as Court Street Extended, Phase 1 Improvements ("Project"); and WHEREAS, the Project includes the extension of Court Street from its present easterly terminus to the westerly line of Windsor Ridge Subdivision, a length of approximately 1,720 feet. WHEREAS, the City Council has been advised and has determined that the acquisition of right-of-way, permanent easements, and temporary construction easements is necessary for construction of the Project; and WHEREAS, the City Engineer will determine the location of the necessary right-of-way acquisitions, permanent easements, and temporary construction easements; and WHEREAS, the City staff should be authorized to acquire said right-of-way, permanent easements, and temporary construction easements at the best overall price and cost to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: It is in the public interest to acquire right-of-way, permanent easements, and temporary construction easements for the construction of the improvements included in the Project, and acquisition of said right-of-way, permanent easements, and temporary construction easements constitutes a valid public purpose. The City Engineer or his designee is hereby authorized and directed to negotiate the purchase of right-of-way, permanent easements, and temporary construction easements for the construction of the improvements included in the Project. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute right-of-way, permanent easements, and temporary construction easement agreements for recordation in the Johnson County Recorder's Office at the City's expense. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Resolution No. 97-408 Page 2 ,, In the event right-of-way, permanent easements, and temporary construction easements cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for the acquisition of such right-of- way, permanent easements, and temporary construction easements. Passed and approved this 16th day of December ,19 97 ATTEST: Approved_ by City Attorney's Office It was moved by Lehman adopted, and upon roll call there were: and seconded by Norton AYES: NAYS: ABSENT: X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef the Resolution be pweng\courtl .doc City of Iowa City MEMORANDUM Date: December 16, 1997 To: Steve Atkins From: Rob Winstead Re: Summary from Pre-Design Meeting - Court Street Extended A Pre-Design meeting was held on Wednesday, December 10, 1997 from 8-9 p.m. at Lemme Elementary School. Approximately sixty households were invited. Six residents, two staff members, and two from the consulting firm attended. Staff, along with the Consultant, presented the general concept of extending Court Street from its present terminus to the west line of Windsor Ridge Subdivision. Items discussed included an 85-foot right-of-way, 31 or 34-foot paving, an 8-foot sidewalk on the south side, storm sewers, creek culvert, water main, sanitary sewer crossing, and landscaping. A slide show was presented to familiarize them with the construction process. Comments and/or questions made by those attending include: We don't want it. Why build it now? If Windsor Ridge needs it or wants it, they should pay for it. Concerns over additional traffic on Court Street and anticipation of high speeds. They would prefer a narrower street. · Concerns about sight distance at the Court Street / Scott Park Drive intersection. It is already difficult to get across Scott Boulevard on Court Street at certain times of the day. The project will make it worse. Can a traffic light be installed? Stop signs are less desirable due to the noise of trucks gearing down at night. Concerns over kids gathering at end of the extended road to drink and vandalize property. Can a light be installed for security? Work around the existing fence line trees to preserve a screen (the fence line will approximate the south right-of-way). To help accomplish this, carry the existing 4-foot sidewalk on the south side of Court Street east to the park property and then switch to an 8-foot width. We addressed the comments and questions as best we could. Some will be analyzed during design. We will follow up with a mailing to them in January. Preliminary investigations indicate that right-of-way will need to be purchased from one property. Two of three people making up that ownership, along with their attorney, attended the meeting. We will likely need some permanent easements from them for utilities. Also temporary construction easements from them and several residential lot owners will be required. A resolution authorizing these acquisitions is on the consent calendar for this evenings Council meeting. cc: Rick Fosse, Marcia Klingaman Prepared by: David Schoon, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 52240 319-356-5236 RESOLUTION NO. 97-409 RESOLUTION APPROVING A JOINT AGREEMENT OF COMMUNICATION AND COOPERATION WITH RESPECT TO ALLOCATION AND DIVISION OF PROPERTY TAXES FOR INDUSTRIAL NEW JOBS TRAINING PROGRAMS WHEREAS, in order to promote communication and cooperation between the City of Iowa City, Iowa ("Iowa City") and Kirkwood Community College, Cedar Rapids, Iowa ('Kirkwood"), no Projects as defined in Iowa Code Chapters 260E, utilizing incremental property taxes, shall be undertaken within the area of operation of Iowa City after July 1, 1995, unless Iowa City and Kirkwood shall have entered into an agreement or have jointly adopted a plan, all as provided in Iowa Code Section 403.21, as amended, and WHEREAS, Iowa City and Kirkwood recognize there are benefits from conferTing and cooperating in utilizing tax increment revenues to the best interest of Iowa City, its residents and employees, and WHEREAS, Iowa City and Kirkwood have determined to enter into this Agreement for purposes of addressing all issues of matedal interest with respect to future Projects, including but not limited to the appropriate division of incremental property taxes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: It is in the public interest of the City of Iowa City to enter into an Agreement with Kirkwood Community College, as more particularly set forth in the Agreement attached hereto and incorporated by reference herein. .' 2. The attached Agreement is approved as to form and content. 3. The Mayor and City Clerk are hereby authorized to execute said Agreement attached hereto. Passed and approved this 16th day of December ,1997. Approved by .,, / C,ty A~lorney't~ ecodev\res\job.doc Re.olution No. 97-409 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: Nn~tnn AYES: NAYS: ABSENT: X X X X X X the Resolution be X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef JOINT AGREEMENT OF COMMUNICATION AND COOPERATION This Agreement (the "Agreement") is made and entered into as of I'~r~r~l~,- I/~ , 1 997, between KIRKWOOD COMMUNITY COLLEGE, Cedar Rapids, Iowa ("Kirkwood") and IOWA CITY, IOWA ("CITY") under the following circumstances: A. In order to promote communication and cooperation between the CITY and Kirkwood, no Projects as defined in Iowa Code chapter 260E, utilizing incremental property taxes, shall be undertaken within the area of operation of the City after July 1, 1995, unless the City and Kirkwood shall have entered into an agreement or have jointly adopted a plan, all as provided in Iowa Code Section 403.21, as amended. B. The City and Kirkwood recognize there are benefits from conferring and cooperating in utilizing tax increment revenues to the best interest of the City and its residents and employees. C. The City and Kirkwood have determined to enter into this Agreement for purposes of addressing all issues of material interest with respect to future Projects, including but not limited to the appropriate division of incremental property taxes. NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL REPRESENTATIONS AND AGREEMENTS HEREINAFTER CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: ARTICLE I "Certificates" means industrial new jobs training certificates issued by Kirkwood pursuant to Iowa Code Chapter 260E. "Project" means an individual new jobs training project, within the City's area of operation, undertaken pursuant to written agreement with Kirkwood pursuant to Iowa Code Chapter 260E and utilizing incremental property taxes as a funding source. "Project Site" means the real estate, including improvements constructed thereon, where new jobs are created pursuant to a Project. "Urban Renewal Area" means any urban renewal area established by the City pursuant to Iowa Code Chapter 403 and in existence on or after the date of this Agreement. "City Council" means the City Council of the City. Other terms used in this Agreement shall have the meaning set out in Chapters 206E and 403 of the Iowa Code. ARTICLE II To ensure that cooperation and communication is achieved to assure the best utilization of property incremental taxes, the following protocol will be followed with respect to all Projects. Section 2.1 Upon request, the City shall provide Kirkwood with sufficient information to determine the exact location of each Urban Renewal Area. Section 2.2 In accord with Iowa Code Section 403.21, the City and Kirkwood agree that for Projects to be financed by incremental property taxes, the City and Kirkwood agree that Kirkwood shall obtain approval from the City Council for each proposed Project prior to executing both the preliminary and final agreement regarding a proposed Project with an employer. City Council approval of both the preliminary and final agreements shall be obtained as outlined below. Section 2.3 The City and Kirkwood agree that Kirkwood shall notify the City of each Project financed by incremental property taxes by sending sufficient information regarding the proposed Project to the City via certified mail, addressed to the City Council, or by personal delivery to the City Council, before executing a preliminary agreement with an employer regarding such Project. "Sufficient information" shall, to the extent applicable, include, but not be limited to, the name of the employer with whom the Project will be conducted, data regarding the number of new jobs created, the number of employees provided program services under the Project, the median wage of employees in the new jobs in the Project, the estimated growth in valuation expected as a result of the Project, the proposed division of revenue and the fiscal impact on the City and affected tax entities. Section 2.4 Within twenty-five (25) calendar days of the receipt of notice of a preliminary agreement regarding a proposed project, the City Council shall, by Resolution, approve, approve with modifications, or deny the preliminary agreement regarding a proposed Project. If the City Council does not act on the preliminary agreement regarding a proposed Project within twenty-five (25) calendar days of the above notice, the preliminary agreement regarding a proposed Project shall be deemed approved. Kirkwood may, however, agree, in writing, to an extension of the above twenty-five (25) calendar day time period required for the approval of the preliminary agreement regarding a proposed Project. Section 2.5 Approval by the City Council of a preliminary agreement regarding a proposed Project authorizes Kirkwood to proceed with preparation of the final Project agreement between Kirkwood and the employer. Approval of the preliminary agreement regarding a proposed Project shall be effective for a period of twenty-four (24) months unless, upon written request of Kirkwood, the City Council, by resolution, grants an extension of time. If notice of the final Project agreement as referenced in Section 2.6 is not mailed to the City Council within twenty-four (24) months of the date of approval of the preliminary agreement regarding the proposed Project, all previous actions of the City Council with respect to the proposed Project shall be deemed null and void. -2- Section 2.6 Prior to the execution of any final Project agreement between Kirkwood and the employer which requires City Council approval, Kirkwood shall notify the City by certified mail, addressed to the City Council or by personal delivery to the City Council of its intent to enter into a final agreement regarding a Project before execution of the final agreement. Within twenty-five (25) calendar days of the receipt of notice of a proposed final agreement which requires City Council approval, the City Council shall, by resolution, approve, approve with modifications, or deny the proposed final Project agreement. If the City Council does not act on the final Project agreement within twenty-five (25) calendar days of receipt of the above notice, the final Project agreement shall be deemed approved. Kirkwood may, however, agree, in writing, to an extension of the above twenty-five (25) calendar day time period for approval of a final Project agreement. ARTICLE III Section 3.1 The City and Kirkwood agree that the Johnson County Auditor shall provide for the division of incremental taxes from a Project Site for purposes of computing tax increment dollars available to the City and Kirkwood consistent with this Agreement. Section 3.2 Project Sites Within an Urban Renewal Area Following approval of the final Project agreement as provided in Article II hereof, the division of taxes shall be agreed upon by the City and Kirkwood within thirty (30) calendar days, and the plan of division in the form attached as Exhibit 1 shall be provided to the Auditor, in writing, signed by designated representatives of the City and Kirkwood. Section 3.3 Project Sites Outside an Urban Renewal Area Following approval of the final Project agreement as provided in Article II hereof, Kirkwood may proceed with the Project and the incremental property taxes from the Project Site will be available to Kirkwood for purposes of the Project. ARTICLE IV Term; Amendment; Termination Section 4.1 The term of this Agreement shall be ten (10) years from the date set forth above. Notwithstanding the above, all actions of the City Council hereunder shall survive said ten (10) year term. Section 4.2 This Agreement may be amended by written amendment adopted in the same manner as the original. Section 4.3 This Agreement may be terminated by either Party upon thirty (30) calendar days written notice sent by certified mail to the other Party at its regular business address. -3- ARTICLE V Section 5.1 This Agreement may be adopted in any number of counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same instrument. Section 5.2 It shall not be necessary to amend this Agreement upon any boundary adjustment (by annexation, consolidation or severance). From and after the effective date of any of the foregoing, this Agreement shall include or exclude any new Project Site consistent with the boundary adjustment. IN WITNESS WHEREOF, the City has caused this Agreement to be approved by resolution of its governing body and has caused this Agreement to be duly executed, all as of the above date. IOWA CITY, IOWA By ~ '. Novick ~ Nao~J ~N~' , Mayor Attest: Ma '~n K. Karr , City Clerk IN WITNESS WHEREOF, Kirkwood has caused this Agreement to be approved by resolution of its governing body and has caused this Agreement to be duly executed, all as of the above date. Attes L~ t. KIRKWOOD COMMUNITY COLLEGE -4- EXHIBIT I - FORM OF NOTIFICATION TO AUDITOR IOWA INDUSTRIAL NEW JOBS TRAINING PROJECT LOCATED IN URBAN RENEWAL AREA-AGREED DIVISION OF TAXES PURSUANT TO SECTION 403.21 CODE OF IOWA In accordance with an agreement entered into between the undersigned City and Community College pursuant to Section 403.21 Code of Iowa, it is agreed that incremental property taxes available from the Project Site described on Exhibit A attached shall be apportioned to the College in accordance with the schedule attached as Exhibit B. The College will certify to the County Auditor on or before December 1 of each year the amount of indebtedness which qualifies for payment. College Authorized Representative City Authorized Representative [Attach legal description of Project Site as Exhibit A and financial schedule as Exhibit B showing incremental taxes to be paid to the College for purposes of the Project or attach other schedule as Exhibit B. In the event of a change in project location or a change in the financial schedule at the time of final agreement between Kirkwood and the Employer, the City shall be notified and provided with the revised legal description and the revised financial schedule.] Kirkwood Community College ( Project) -5- City of Iowa City MEMORANDUM Date: December 9, 1997 To: From: City Manager and CityCounc,l David Schoon, Economic Development Coordinator Re: Joint Agreement with Kirkwood Community College Regarding the Use of Property Taxes for the Industrial New Jobs Training Program Kirkwood Community College offers the industrial new jobs training program to area employers to help train new employees. The training provided through the program is funded through two possible sources of funds: 1 ) new incremental property taxes from the employer's project and 2) new jobs credit from withholding taxes from new employee wages. In October of 1995, as required by the Code of Iowa, the City and Kirkwood Community College entered into an agreement relating to the use of property taxes and new jobs credit from withholding taxes to fund the community college's industrial new jobs training program. State law prohibits a community college from undertaking a new jobs training project with an area employer unless the community college and the municipality have entered into an agreement or have jointly adopted a plan relating to a community college's new jobs training program. The agreement adopted in 1995 was for a period of two years so as to allow the City and Kirkwood an opportunity to review the effectiveness of the agreement and renegotiate its contents if necessary. The proposed agreement continues to require City Council approval for each project utilizing incrementalproperty taxes both prior to Kirkwood entering into a preliminary agreement with a company and prior to Kirkwood entering into a final agreement with a company. Since October of 1995, Kirkwood has utilized the use of incremental property taxes for only one project within Iowa City. The project was for National Computer Systems in November of 1995. At Kirkwood's request and staff's concurrence, the proposed agreement no longer requires that Kirkwood formally notify the City about each project utilizing only new jobs credit from withholding taxes. The previous agreement required only notification to the City, not approval of the City, for those projects using withholding taxes as a funding mechanism. Given that Kirkwood informally notifies the community of these projects and given that it is the State that loses the tax revenue as a result of the new jobs training agreement, the proposed agreement no longer includes the formal notification process for projects only utilizing new jobs credit from withholding taxes. ~ New jobs credit from withholding: The employer is required to withhold from an employees salary a portion of that salary for purposes of the state income tax on the employee's salary or wages, Instead of remitting the total amount so withheld to the State of Iowa, a portion is sent to the community college by the employer to fund the jobs training project The term of the agreement is for a period of ten years, which is the standard term Kirkwood uses in agreements with other communities. However, the agreement does contain a clause which allows either party, upon thirty calendar day notice to the other party, to terminate the agreement. CC: Jim Lakouta Karin Franklin Sarah Holecek December 19, 1997 CITY OF I0 WA CITY Jim Loukota Kirkwood Community College 6301 Kirkwood Blvd. SW Cedar Rapids, IA 52406 RE: Kirkwood Community College/City of Iowa City Joint Agreement Dear Jim: Enclosed you will find two copies of the executed Joint Agreement for action by the College's Board of Directors. Once the Board has taken action, please returned one copy of the executed agreement. Sincerely, David Schoon Economic Development Coordinator Enclosure cc: Marian Karr, City Clerk 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 RESOLUTION NO. RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF A 2.59 ACRE TRACT OF LAND LOCATED AT 3151 HIGHWAY 6 EAST. WHEREAS, Iowa City Lodge, Number 1096, Loyal Order of Moose, Inc., hereafter referred to as Moose Lodge #1096, is owner of an approximate five acre tract located south of Highway 6 and east of Heinz Road; and WHEREAS, the southem 2.59 acres of the five acre tract is located adjacent to, but outside the Iowa City, Iowa corporate limits; and WHEREAS, Moose Lodge #1096 has voluntarily requested annexation of the 2.59 acre tract into the City of Iowa City, Iowa; and WHEREAS, this tract is contiguous to the corporate limits of the City; and WHEREAS, pursuant to Iowa Code {}368.7 (1997), notice of the application for annexation has been forwarded to affected public utilities, including MidAmerican Energy Co., Heritage Cablevision and U.S. West; and WHEREAS, no comments have been received from said public utilities concerning said annexation; and WHEREAS, pursuant to Iowa Code {}368.7 (1997), notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors and the East Central Iowa Council of Governments; and WHEREAS, no comments have been received from the Johnson County of Board of Supervisors or the East Central Iowa Council of Governments on the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be voluntarily annexed to the City of Iowa City: Commencing at the Southeast comer of the Southeast quarter of Section 24, Township 79 North, Range 6 West of the Fifth Principle Meridian; Thence S88°23'21"W, along the South line of said Southeast quarter, 1,977.38 feet; Thence N00°17'37'E, along the Southerly projection of the East line of Lot 2, of Saddlebrook Addition-Part I, in accordance with the plat thereof, recorded in Plat Book 37, at page 94, of the Records of the Johnson County Recorder's Office, and said East line, 407.91 feet to the Point of Beginning; Thence N00°17'37"E, 376.31 feet; Thence S89°42'23"E, 300.00 feet; Thence S00°17'37"W, 376.31 Resolution No. Page 2 feet; Thence N89°42'23'~V, 300.00 feet to the Point of Beginning. Said tract of land contains 2.59 acres more or less and is subject to easements and restrictions. The City Clerk is hereby authorized and directed to certify and file the necessary documents with the Iowa Secretary of State as required by Iowa Code §368.7 (1997). The City Clerk is hereby authorized and directed to certify to the State Treasurer of Iowa the actual population of the annexed territory as determined by the last certified federal census, which population is one. Passed and approved this__ day of ,1997. A'I-I'EST: CIT~LERK MAYOR It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: the Resolution be ABSENT: Baker Kubby Lehman Norton Novick Thomberry Vanderhoef ppdadmin/res/streb.doc Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) -5251 RESOLUTION NO. RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF A TRACT OF LANI~OCATED AT 3151 HIGHWAY 6 EAST. WHEREAS, Iowa City Lodge,, Number 1096, Loyal Order of Moose, Inc. Moose Lodge #1096, is own~ of an approximate five acre tract east of Heinz Road; and WHEREAS, the southern 2.59 ac~,s of the five acre tract is Iowa City, Iowa corporate limits; an~ WHEREAS, Moose Lodge #1096 has '~o,,luntarily the City of Iowa City, Iowa; and ACRE referred to as south of Highway 6 and adjacent to, but outside the of the 2.59 acre tract into WHEREAS, this tract is contiguous to the of the City; and WHEREAS, pursuant to Iowa Code [}368.7 been forwarded to affected public utilities, Cablevision and U.S. West; and WHEREAS, no comments have been annexation; and WHEREAS, pursuant to Iowa Code sent by certified mail to the Johnson Council of Governments; and of the application for annexation has MidAmerican Energy Co., Heritage re'~(om said public utilities concerning said (1997), n~c~of the application for annexation was Board of SL'~oervisors and the East Central Iowa \ WHEREAS, no comments have or the East Central Iowa Council of received from the Johnson County of Board of Supervisors on the proposed annexation. NOW, THEREFORE, BE IT RE,~ IOWA, THAT: BY THE CrTY COUNCIL OF THE CITY OF IOWA CITY, The following described d should be voluntarily annexed to the City ~3[..Iowa City: Commencing at the Southeast corner of the Southeast quarter of Section'~2.4, Township 79 North, Range 6 West of the Fifth Principle Meridian; Thence S88°23'21"W, along the South line of said Southeast quarter, 1,977.38 feet; Thence N00°17'37"E, along the Southerly projection of the East line of Lot 2, of Saddlebrook Addition-Part I, in accordance with the plat thereof, recorded in Plat Book 37, at page 94, of the Records of the Johnson County Recorder's Office, and said East line, 407.91 feet to the Point of Beginning; Thence N00°17'37"E, 376.31 feet; Thence S89°42'23"E, 300.00 feet; Thence S00°17'37"W, 376.31 Resolution No. Page 2 feet; Thence N89°42'23"W, 300.00 feet to the Point of Beginning. Said tract of land contains 2.59 acres more or less and is subject to easements and restrictions. The City lerk is hereby authorized and directed to certify and file the necessary documents with the Secretary of State as required by Iowa Code (1997). Passed and a ~dayof ,1997, A'I-I'EST: CITY CLERK It was moved by ~ere and adopted, and upon roll call there : AYES: NAYS: ppdadmin/res/streb.doc Approved by ~ ~_...C!~_.~l:°rney's~2_ _ ~. ~ ~ by the Resolution be qT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 {319) 356-5247 RESOLUTION NO. RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF THE RESUBDIVlSlON OF LOT 7, W.B. DEVELOPMENT, IOWA CITY, IOWA. WHEREAS, the owner, Carmen Davis, filed with the City Clerk the preliminary and final plat of the Resubdivision of Lot 7, W.B. Development, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit.' Lot 7, W.B. Development, Iowa City, Iowa as recorded in Book 36, at Page 118, of the record of the Johnson County Recorder's Office. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and subdivision and recommended that said preliminary and final plat and subdivision be accepted and approved; and WHEREAS, appropriate dedications have been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said preliminary and final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1997) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said preliminary and final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the easements as provided by law. 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 preliminary and final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of ,1997. ATTEST: CITY CLERK MAYOR Ap. y ppdadmin\res\cdavis.doc Prepared by: Scott G. Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 {319) 356-5243 RESOLUTION NO. RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF RESUBDIVISION OF OUTLOT A, W.B. DEVELOPMENT, IOWA CITY, IOWA. WHEREAS, the owner, Jeffery Maxwell, filed with the City Clerk the final plat of resubdivision of Outlot A, W.B. Development, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Outlot "A", W.B. Development, Iowa City, Iowa as recorded in Book 36, at page 118, in the Office of the Johnson County Recorder. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1997) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of easements as provided by law. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Resolution No. Page 2 Passed and approved this day of ,1997. MAYOR ATTEST: CITY CLERK It was moved by and seconded by adopted, and upon roll call there were: Approved by /~ /,, _ ~City~orne:~ ic~~ the Resolution be ppdadmin\res\wbdev.wp 5 AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef STAFF REPORT To: Planning and Zoning Commission Item: SUB97-0024. Resubdivision of Lot 7, W.B. Development GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: SPECIAL INFORMATION: Public utilities: Public services: Transportation: Prepared by: John Yapp Date: November 20, 1997 Carmen Davis PO Box 2746 Iowa City, Iowa 52244 Phone: 351-0054 Preliminary and Final Plat Approval To subdivide Lot 7 of W.B. development into two commercial lots. East of Naples Avenue and south of Escort Lane. 1.78 acres Vacant; Cl-l-lntensive Commercial North: Vacant, C1-1 East: Vacant, C1-1 South: Vacant, C1-1 West: Commercial, County CP-2 Industrial Chapter 14-7, Land Subdivisions October 16, 1997 November 30, 1997 City water is available to the site. Sewer service is available to the proposed Lot 1; A sewer service will need to be provided to the proposed Lot 2. Police and fire protection are provided by the City. Refuse collection must be handled by a private hauler. The site is accessed via Escort Lane. No transit service is available west of Highway 218. Physical characteristics: The site slopes away from Escort Lane to the south. Sensitive Areas Ordinance: No sensitive environmental features are identified on the Sensitive Areas Inventory Map for this site. BACKGROUND INFORMATION: The applicant, Carmen Davis, is requesting preliminary and final plat approval of a Resubdivision of Lot 7, WB Development, a two-lot commercial subdivision located east of Naples Avenue and south of Escort Lane. This property was annexed into Iowa city in 1995 as part of WB Development. Currently, this lot is vacant. The proposed subdivision would split the existing 1.78 acre lot into two lots of 1.15 acres and .63 acres. ANALYSIS: Compliance with Subdivision Regulations: The subdivision appears to comply with the City's subdivision regulations. Legal papers have been submitted and are under review. If the Commission approves this plat, it should be subject to the approval of legal papers prior to City Council consideration of the plat. The original WB Development was subdivided in 1995, and Escort Lane and the utilities have been installed No new streets are being proposed. Vehicular Access: The proposed plat shows a 24' wide access and utility easement along the east property line of the proposed Lot 1, which would provide access to Lot 2. A note on the plat states that Lots 1 and 2 shall not have vehicular access onto Naples Avenue. Staff requested this note to ensure that access to these lots would be off of the local street instead of Naples Avenue, which functions as a collector street. While staff does not always recommend restricted access to collector streets, Naples Avenue has commercially zoned property on the City and the County side which will generate more traffic as they are developed. Because there are two other possible access points for the proposed Lot 2 other than Naples Avenue, it is preferable to prohibit access directly onto Naples Avenue. The property directly south of this property is going through the subdivision process concurrently with this property (see SUB97-0025, Resubdivision of Outlot A, WB Development). An access from the property to the south (Outlot A) to the proposed Lot 2 would be advantageous to this property. Such an access would require less paving, would provide more direct access, and would mitigate the need for a long access drive along the eastern property line of the proposed Lot 1. A more direct access from the south would also lessen the chance that a future property owner of Lot 2 would attempt to create an access directly onto Naples Avenue in the future. While staff cannot require the property to the south to provide an access to the proposed Lot 2, staff recommends that the property owners of these two properties attempt to come to an agreement to provide access through Outlot A to the proposed Lot 2. Sanitary Sewer Service: When WB Development was subdivided, a private lift station was installed to provide sewer service to this area. A lot owners association is the entity responsible for the maintenance of and any future upgrades of the private sewer system and lift station. Because the lift station and sewer main only has a limited capacity, any subdivisions of property and subsequent additions of buildings onto the system decrease the available capacity. With continued growth in WB Development, there may reach a point where the private lift station and sewer main do not have the ability to accommodate additional services. The applicant's consultant has demonstrated to the satisfaction of the Department of Public Works that there is capacity in the lift station and sewer main to accommodate this subdivision, as well as the Resubdivision of Outlot A to the south. Because the City requires that one entity be responsible for the entire sewer system, the lot owners association responsible for the private sewer system in WB Development will become responsible for any additions to the private sewer system as well. Staff recommends that approval of the subdivision be subject to amendments being made to the covenants of the lot owners association to address the new services being added to the private sanitary sewer system and the maintenance and upgrade responsibilities of said system. The proposed Lot 2 also does not currently have a sanitary sewer service. It cannot tap into the sewer service along Escort Lane because it is downhill from it. It is anticipated that Lot 2 will tie into the planned sanitary sewer in Outlot A to the south, which is part of SUB97-0025. Should SUB97-0025 not be approved, it is possible for Lot 2 to run a sanitary sewer line directly to the lift station to the east. Staff recommends that no building permit be issued for Lot 2 prior to the installation of a sanitary sewer service to the lot. STAFF RECOMMENDATION: Staff recommends that SUB97-0024, a request for preliminary and final plat approval of a Resubdivision of Lot 7, W.B. development, a 1.78 acre, two-lot commercial subdivision located east of Naples Avenue and south of Escort Lane, be approved, subject to amendments being made to the covenants of the lot owners association to address the new services being added to the private sanitary sewer system, and the maintenance and upgrade responsibilities of said system, no building permit be issued for Lot 2 prior to the installation of a sanitary service to the lot, and the approval of legal papers prior to Council consideration. ATTACHMENTS: 1. Location Map. 2. Proposed preliminary and final plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development RS 8~ Cl I // Cl I % %- P/CI 1 I1 SITE LOCATION' Resubdivision of Lot 7;WB Development SUB97-0024 PC. D ._~E~P. ARTMENT PIAT PREPARED BY: MMB CONSULTANTS INC. 1917 SOUTH GILBERT ST. IOWA CITY, IOWA, 5~40 ~ , Preliminary Resubdivision of Lot OWNER - SUBDIVIDER SUBD~ER'S A1TORNEY I0 WA CAP~EN DAV[S JOHN D. CRU/SE PO BOX 2746 I 920 S DUBUQUE ST IOWA CITY, IOWA 52240 IOWA CITY, IOWA 52240 S89'34'15'E I · ...... _2to.~oL .... j- - - ~XJ~T.-I~ ~T(~M-S~-~R~J~L ~A.~ .........,% ALYSSA OOURT & CITY, Final Plat IOWA Development I certify that during the month of Octabe-, 1997, at the direction of Carrne~ BoWs, a suney eas mode under my sWe-v~on of Lot 7, W.B. De~opme~t, Io,o City, iowa os recorded in Book 36, at Page 118, in the Office of the J~nson County Recorder Johnson County, Iowe, the podion of ~ich me descried os Lot 7, W.B. D~opment, Io.o City. Io~,o os recorded in Book 38, at Page 118, of the rec~ds of ~he J~nso~ Cc~nty Recorder's Office. I hereby certify that this plat prepared by me or under my direct personal super~sion, is a correct representation of the survey made with all Canners marked os ~dicat~, and that I am a duly license~ Land Surve)ar unde' the la~s of the State of Io~a. James E. Uchty, LS. IA. Lic. No. 13287 uy B~nial license expires December 31, 1997. S~ed before me this day of I __,1997. :~ ' Notary Publinc m & fo~ the State of g s ' ~11~ .......... ND NOTES ~ ~/ ~()) ~c~ss ~TO ~ · - PR~[~ C~(S),  . '~// ~ ~ I N~S ~NUE. I1~ O - P~ C~N[~S ~T ~/ ~ I ~ /A~ ~ ~ ~ - ~R~[t~ ~/~ ~N0~Y U~[S # ~ ~ /~) I~ ~~~ - ~[s~ ~c~ u.~s = ~ ~ ~ ~ G~DC SC~ ~ ~ ERR '~ ~ ~ - F-I~' ~ OF ~OSURE IS ~SS ~AN 1 FOOT IN 20,~ ~ET g: ~5100~5124001 r 11-13-97 ~'- Dote: -% 10-16-97 Field Book No: ? ~e: 1"=100' 1 ~tm Pro~ct Numb~ 5124001F ~ 1:39:28 pm EST STAFF REPORT To: Planning and Zoning Commission Item: SUB97-0025. Resub. of Outlot A, WB Development GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Prepared by: Scott Kugler Date: November 6, 1997 Jeff Maxwell 26 Commercial Drive Iowa City, Iowa 52240 Phone: 354-5858 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Preliminary and final plat approval To create a building lot at the west end of Outlot A, WB Development On the east side of Naples Avenue, across from Alyssa Court 15.9 acres Vacant, C1-1 North: East: South: West: Vacant, C1-1; Highway 218; Vacant, C1-1; Commercial, CP-2 (County). This area was not within the corporate limits when the 1989 Plan update was prepared, and is not addressed on the Land Use Map. However, the Plan discusses the potential for commercial and industrial uses at this interchange. A district plan associated with the new Comprehensive Plan has not yet been completed for this area. Applicable Code requirements: Chapter 14-7, Land Subdivisions 2 File date: October 16, 1997 45-day limitation period: November 30, 1997 60-day limitation period: December 15, 1997 SPECIAL INFORMATION: Public utilities: City water is available to the site along Naples Avenue. The property would be served by a private sanitary sewer system and lift station controlled by the WB Development lot owners association. Public services: Police and Fire protection will be provided by the City. Refuse collection must be handles by a private hauler. Transportation: The nearest public transit route is the Plaen View route, which passes through the intersection of Mormon Trek Boulevard and Highway 1. Sensitive Areas Ordinance: Steep and critical slopes are present on the site. A sensitive areas site plan is required. Development activities approved under a previous grading plan will impact areas of critical slopes, however these activities were approved prior to the adoption of the Sensitive Areas Ordinance. If any further encroachment into areas of critical slopes is to occur, a sensitive areas overlay rezoning will be required. BACKGROUND INFORMATION: The applicant is requesting preliminary and final plat approval of a Resubdivision of Outlot A of WB Development, located on the east side of Naples Avenue across from Alyssa Court. The property contains 15.9 acres. The proposed plat would create one additional building lot containing 1.89 acres within the development in an area previously designated for open space. The original plat for WB Development was approved prior to the adoption of the Sensitive Areas Ordinance, and an associated grading plan was approved at that time which called for some grading activities to occur in this area to allow the extension of a sanitary sewer line south to Lot 8. The approved grading will result in the loss of most of the value of this area as an open space/natural area, and creates a fairly level area along Naples Avenue that would be suitable as a building site. 3 The applicant has submitted a site plan for a warehousing development on Lot 8, located to the south of Outlot A, which is being reviewed by staff. There is no point along the Naples Avenue frontage of Lot 8 to locate a driveway that meets the minimum standards for sight distance. Therefore, the applicant would like to gain access to Lot 8 via a driveway located directly opposite Alyssa Court, at a point where the sight distance is adequate. This drive would also provide the access to the proposed Lot 1 of this subdivision. An easement for this access drive is included on this plat. Given the fact that extensive grading has already occurred in this area for the installation of the sewer line, the new drive would have no impact on the remaining open space/natural area. In staff's opinion, allowing the drive to be located in such a manner to improve the safety of the access point along Naples Avenue appears to be justified. ANALYSIS: The proposed preliminary and final plat appears to be in conformance with the City's subdivision regulations. Public Works is in the process of reviewing the most recent version of the plat to ensure that there are no remaining deficiencies. Staff recommends deferral pending this review. Legal papers have been submitted and are under review. The approval of legal papers is required prior to City Council consideration of the plat. Outlot A contains some steep (18-24%) and critical (25-39%) slopes. Although critical slopes will be impacted by grading for a sanitary sewer line serving Lot 8 to the south, that activity was approved as part of a grading plan prior to the adoption of the Sensitive Areas Ordinance. A sensitive areas site plan is required with this plat to identify steep and critical slope areas, but a sensitive areas rezoning will only be required if additional encroachment into the critical slopes is proposed. At this time, no additional encroachment is proposed. This subdivision will also require the approval of a grading plan and construction drawings for the sanitary sewer extension prior to Council consideration of the plat. Naples Avenue Paving: The legal papers for WB Development contained a stipulation requiring that when Lot 8 is developed, Naples Avenue must be improved from the current end of the pavement at Alyssa Court to the south property line. Given that the vehicular access point is now being proposed at Alyssa Court, the applicant is proposing that the legal papers be amended to delay the obligation to pave the street until Naples Avenue is improved in the future. If this ever occurs, it is likely that the grade of the roadway will be altered to lower the crest in the roadway south of this development, which causes the sight distance problems mentioned above. The applicant is concerned that this would result in much of the pavement he installs being removed and replaced at that time. However, it will likely be many years before the City undertakes a road project on Naples Avenue. The east half of Naples Avenue is located within the City, along with the properties on the east side of the road. Although this section of the roadway will not be used for access to these properties, there are other issues such as dust control, maintenance, and the general appearance of the street. An unimproved or chip seal surfaced roadway would require much more in terms of maintenance for the City than a paved surface. Staff recommends that the applicant not be released from his obligation to pave the roadway. Vehicular Access: The property directly north of Lot 1 is also being proposed to be subdivided into two lots (see SUB97-0024, Resubdivision of Lot 7, WB Development). As noted in the staff report for that item, staff feels that it is preferable to minimize the number of direct access points to Naples Avenue in this area. Therefore, staff is recommending that direct vehicular access to Naples Avenue from the proposed lots being created by the Resubdivision of Lot 7 be prohibited. Staff feels that there is a good opportunity to share the access easement being platted with this subdivision with Lot 2 of the Resubdivision of Lot 7. The applicants for each item have been encouraged to work together to come to an agreement on the shared use of this access roadway prior to the final approval and recording of the plats. Sanitary Sewer Service: When WB Development was subdivided, a private lift station was installed to provide sanitary sewer service to this area. A lot owners association is the entity responsible for the maintenance of and future upgrades to the private sewer system and lift station. Because the existing system has a limited capacity, and subdivision of property and subsequent addition of buildings making use of the system decreases the available capacity. If not carefully managed, there may be a point where the private lift station and sewer main do not have the capacity to accommodate additional development. The applicant has demonstrated that there is capacity in the system to accommodate the additional lots being proposed with the current subdivision applications. The City requires that a single entity be responsible for the entire sanitary sewer system, in this case the lot owners association. The extension of a private sanitary sewer main from the lift station west to serve Lot 1 of this subdivision, as well as Lot 8 of the original subdivision and Lot 2 of a Resubdivision of Lot 7, will add to the system that the lot owners association is responsible for. Staff recommends that the approval of this plat be subject to amendments being made to the covenants of the lot owners association to address the new services being added to the private sanitary sewer system and the maintenance and upgrade responsibilities of the system. This will have to occur prior to the approval of legal papers associated with this plat. Storm Water Management: A wet-bottom storm water management basin was constructed when WB Development was developed. This basin would also provide storm water management for the proposed building lot. The basin can adequately handle the additional development on this lot, and will not be impacted by construction activities. STAFF RECOMMENDATION: Staff recommends that SUB97-0025 be deferred pending review of the plat by Public Works. Upon Public Works approval, staff recommends that the request for preliminary and final plat approval of a Resubdivision of Outlot A, WB Development, a 15.9 acre, one-lot commercial subdivision with one outlot located on the east side of Naples Avenue at Alyssa Court, be approved, subject to amendments being made to the covenants of the lot owners association to address the new services being added to the private sanitary sewer system and the maintenance and upgrade responsibilities of said system, and the approval of legal papers, construction drawings, a grading plan, and a Sensitive Areas Site Plan prior to Council consideration of the plat. ATTACHMENTS: 1. Location map. 2. Preliminary and final plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Develo oment P SITE LOCATION' Resubdivision of Outlot A; WB DevelopmentSUB97-0025 97 OCT 15 ~' O'" ~ II Resubdivision IOWA Preliminary & of OU[iot; "A", CITY, IOWA Final Pla[ W.B. Developmen[ 1917 SOUTH GILBERT ~T.28 COMI~tCIAL DRlI~321 ~ ~ ~W~ ~. ~W~ ~ ~WA ~, IOWA ~ IOWA ~, IOWA LEGEND AND NOTES Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319)354-5243 RESOLUTION NO. 97-410 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE MONTGOMERY-BUTLER HOUSE STABILIZATION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid secudty to accompany each bid for the construction of the above- named project shall be in the amount of 5% (five percent) of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 2:30 p.m. on the 7th day of January, 1998. Thereafter the bids will be opened by the Director of Planning and Community Development or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 13th day of January, 1998, or at such later time and place as may then be fixed. Passed and approved this 16th dayof December' ,19 97 CI~LERK ppdadmin\res\butler.wp5 Reaolution No. 97-410 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X the Resolution be X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Don Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5052 RESOLUTION NO. 97-411 RESOLUTION RESCINDING RESOLUTION 96-22, AND ESTABLISHING A DISCOUNT PROGRAM FOR CITY UTILITY SERVICES INCLUDING WATER, WASTEWATER, SOLID WASTE AND/OR RECYCLING FOR QUALIFYING LOW INCOME RESIDENTS. WHEREAS, the City Council declares it is in the public interest to establish a policy which provides residents with assistance for City utility service fees by way of a fee discount program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Resolution No. 96-22 is hereby rescinded as outdated. 2. Discount Programs. It is in the public interest to establish annual and two-year discount programs for water, wastewater (sanitary sewer), solid waste and recycling services for residential utility service fees for qualifying low income residents as follows: a. Annual Discounts. To qualify for the annual discount program, all residents of a household must: 1. Be participating in one of the following programs: Supplementary Social Security Benefits, Title XX Program, Family Investment Program, Food Stamp Program. 2. The account holder must be a resident of the household. Two-Year Discounts. To qualify for a two-year discount, all residents of a household must: Applications. Be participating in a reduction in the previous year's property tax pursuant to the Iowa Disabled and Senior Citizen Property Tax and Rent Disbursement Claim Program, as provided by state law. The account holder must be a resident of the household. Applications for the discount program shall be accepted by the City Finance Department throughout the calendar year, and shall be effective only after verification of eligibility and as of the date of the account holder's next regular monthly billing. Renewal applications for the discount program shall be accepted by the City Finance Department from March 1 through May 31 of the current year, and shall be effective commencing on July 1 of that same year. Resolution No. 97-411 Page 2 ,. Effective Time Periods. The one-year discount shall be effective for one fiscal year, i.e., July 1- June 30. The two-year discount shall be effective for two fiscal years. 5. Discount Rates. The discount program for residential utility services shall be as follows: Water Wastewater (sanitary sewer) Solid Waste- Curbside Recycling - Curbside 60% of minimum 60% of minimum 75% of minimum 75% of minimum All water and sewer consumption billed above the minimum will undiscounted water and sanitary sewer rates per 100 cubic feet. 6. Effective Date. This policy shall become effective on March 1, 1998. Passed and approved this 16th day of December , 1997. be based on the existing, ATTEST: MAYOR City Attorney's Office It was moved by Norton upon roll call there were: AYES: X X X X X X and seconded by NAYS: Kuhhy ABSENT: the Resolution be adopted, and Baker Kubby Lehman Norton Novick Thornberry Vanderhoef fintreas\res\feewaive.doc City of Iowa City MEMORANDUM Date: December 11, 1997 To: From: Re: City Council and City Manager -~ Don Yucuis, Finance Director ~.~ i~-'" 12/16/97 Agenda- Changing the Discount Program for Water, Wastewater, and Solid Waste/Recycling The City Council directed staff at their November 17th work session to change the discount program for Water, Wastewater, and Solid Waste/Recycling to 60% of the minimum fee for Water and Wastewater and maintain the 75% for Solid Waste/Recycling. The current discount program is 50% of the minimum fee for Water and Wastewater and 75% for Solid Waste/Recycling. A resolution is included on the December 16, 1997 agenda changing the discount program to 60% for Water Wastewater and maintaining the 75% for Solid Waste/Recycling. Below is a chart that shows the impact to a user that qualifies for the discount program based on the current user rates and discount percentages. It also shows the March 1, 1998 rate increase, the change in the minimum from 200 cubic feet to 100 cubic feet and using various discount peruenrages. Existing rates Water-50% WWTD-50% Ref/Rec-75% Minimum Minimum 100 Cu Ft 200 Cu Ft 300 400 500 600 700 or Less or Less cuft cu ft cu ft cuft cu ft 800 cu ft. After March 1, 1998 rate increase Water-50% WWTD-50% Ref/Rec-75% 9.10 14.89 20.69 26.49 32.29 38.09 43.88 49.68 9.66 15.45 21.25 27.05 32.85 38.65 44.44 50.24 All at 60% Water-60% WWTD-60% Ref/Rec-75% 7.93 13.72 19.52 25.32 31.12 36.92 42.71 48.51 6.15 11.94 17.74 23.54 29.34 35.14 40.93 46.73 All at 75% Water-100% VVWTD-100% Ref/Rec-75% 3.20 8.99 14.79 20.59 26.39 32.19 37.98 43.78 13.91 19.06 24.21 29.36 34.51 39.66 44.81 Prepared by: Sylvia Mejia, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 97-412 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE PARKS DIVISION AND THE FORESTRY DIVISION OF THE PARKS AND RECREATION DEPARTMENT AND AMENDING THE AFSCME AND ADMINISTRATIVE PAY PLANS, WHEREAS, Resolution No. 97-73, adopted by the City Council on March 4,' 1997, authorized permanent positions in the Parks & Forestry Divisions for FY98; and WHEREAS, Resolution No. 96-1 12, adopted by the City Council on April 23, 1996, established a classification/compensation plan for Administrative/Confidential employees; and WHEREAS, Resolution No. 96-147, adopted by the City Council on May 21, 1996, established a classification/compensation plan for AFSCME employees; and WHEREAS, a reorganization has been proposed which will create a more efficient operation by combining three operations into one division. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The budgeted positions in the Parks Division and the Forestry Division be amended by The deletion of the following positions: One Forester/Horticulturist - Administrative, grade 28 One Parks Superintendent - Administrative, grade 29 The addition of the following positions: One Superintendent of Parks & Forestry - Administrative, grade 30 One Sr. Maintenance Worker - Forestry - AFSCME, grade 1 2 One Clerk Typist - Parks & Forestry - AFSCME, grade 3 The reclassification of the following position: Sr. Maintenance Worker - Parks - AFSCME - from paygrade 11 to paygrade 12 The Administrative payplan be amended by The deletion of the following positions: One Parks Superintendent, grade 29 One Forester/Horticulturist, grade 28 The addition of the following position: Superintendent of Parks & Forestry, grade 30 Resolution No. 97-412 Page 2 The AFSCME payplan be amended by The addition of the following positions: One Sr. Maintenance Worker - Forestry - grade 1 2 One Clerk Typist - Parks & Forestry, grade 3 The reclassification of the following position: Sr. Maintenance Worker - Parks, from grade 11 to grade 12 Passed and approved this 16th day of December ,1997. City Attorney's Office humanrel\r es\forester.doc Resolution No. 97-412 Page 3 It was moved by Vand~rhn~f and seconded by adopted, and upon roll call there were: Kubby AYES: NAYS: ABSENT: X X X X X the Resolution be X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef CITY OF IOWA CITY PARKS AND RECREATION DEPARTMENT MEMORANDUM TO: FROM: DATE: RE: City Council Parks & Recreation Directo/ December 11, 1997 Reorganization and Pay Plan Amendment On the agenda for your December 16th meeting you will find an item to consider a resolution amending the budgeted positions in the Parks and Forestry Divisions. This is the result of a reorganization plan I have proposed to the City Manager. The basic components of this plan are: Eliminate the position of Parks Superintendent (vacant) Eliminate the position of City Forester Create the new position of Superintendent of Parks and Forestry (including CBD) Create a new Senior Maintenance Worker position Create a new Clerk/Typist position Reclassify one existing Senior Maintenance Worker position (changes in responsibility) The enclosed organizational chart will provide a clearer picture and assist you to envision the setup of this new division. We are eliminating two management positions and replacing them with one management, one maintenance and one clerical at a cost savings of approximately $15,000 the first year. The primary purpose for this reorganization is to create a more efficient operation. While the Parks, Forestry and CBD operations will retain much of their own identity, they will now be one division working under one manager, resulting in more assistance to each other. It will not be uncommon to see Parks crews assisting Forestry or CBD personnel and vice versa. I will be attending your December 15th work session to discuss this with you and answer questions. In the meantime, should you have any questions please feel free to give me a call. encl. DIVISION OF PARKS/FORESTRY/CBD Proposal 11/24/97 SUPERINTENDENT New Position... Terry Robinson CLERK TYPIST New Position... Vacant PARK OPERATIONS SUPERINTENDENT (Eliminate) SR. MAINTENANCE WORKER (2) MAINTENANCE WORKER III (3) MAINTENANCE WORKER II (5) SEASONAL (8) FORESTRY OPERATIONS FORESTER {Eliminatel SR. MAINTENANCE WORKER (1) (New Position... Vacant) MAINTENANCE WORKER II (1) MAINTENANCE WORKER I {1) SEASONAL (5) i CBD OPERATIONS SR. MAINTENANCE WORKER (11 MAINTENANCE WORKER I (2) SEASONAL (6)