HomeMy WebLinkAbout2013-12-03 ResolutionPrepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248
RESOLUTION NO. 13 -331
RESOLUTION DETERMINING THE NECESSITY OF AND SETTING DATES OF A
CONSULTATION (THURSDAY,. DEC. 19, 2013) AND PUBLIC HEARING (TUESDAY,
JAN. 21, 2014) ON A PROPOSED AMENDMENT NO. 1 TO THE HEINZ ROAD URBAN
RENEWAL PLAN IN THE CITY OF IOWA CITY, IOWA
WHEREAS, the City determined the Heinz Road Urban Renewal Area to be appropriate for
economic development in 2002, and designated it as appropriate for various urban renewal
projects; and
WHEREAS, in addition to the projects in the Heinz Road Urban Renewal Area Urban Renewal
Plan, proposed Urban Renewal Projects under this proposed amendment include an additional
private development agreement for the expansion of Alpla, Inc., a bottle manufacturing
company; and
WHEREAS, Iowa Code Chapter 403 requires the City Council to notify all affected taxing
entities of the consideration being given to the Heinz Road Urban Renewal Plan Amendment
No. 1 and to hold a consultation with such taxing entities with respect thereto, and further
provides that the designated representative of each affected taxing entity may attend the
consultation and make written recommendations for modification to the proposed division of
revenue included as a part thereof, to which the City shall submit written responses as provided
in Section 403.5 as amended; and
WHEREAS, Iowa Code Chapter 403 further requires the City Council to hold a public hearing on
the proposed Heinz Road Urban Renewal Plan Amendment No. 1 subsequent to notice thereof
by publication in a newspaper having general circulation within the City, which notice shall
describe the time, date, place and purpose of the hearing, shall generally identify the urban
renewal area covered by the urban renewal plan and shall outline the general scope of the
urban renewal project under consideration, with a copy of said notice also being mailed to each
affected taxing entity.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
Section 1. That an economic development area, as defined in Chapter 403, Code of
Iowa, exists within the City, and rehabilitation, conservation, redevelopment, development, or
combination thereof, of the area is necessary in the interest of the public health, safety, or
welfare of the residents of the City; and
Section 2. That the consultation on the proposed Amendment No. 1 to the Heinz Road
Urban Renewal Plan required by Section 403.5(2) of the Code of Iowa, shall be held at 11:30
A.M. on Thursday, December 19, 2013 in the City Manager's Conference Room, City Hall, Iowa
City, Iowa and Wendy Ford, Economic Development Coordinator, is hereby appointed to serve
as the designated representative of the City for purposes of conducting said consultation,
receiving any recommendations that may be made with response thereto and responding to the
same in accordance with Section 403.5(2).
Section 3. That the City Clerk is authorized and directed to cause a notice of said
consultation to be sent by regular mail to all affected taxing entities, as defined in Section
403.17(1), along with a copy of the proposed Heinz Road Urban Renewal Plan, Amendment No.
1. Said notice shall be in substantially the following form:
Resolution No. 13 -331
Page 2
NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE
CITY OF IOWA CITY, IOWA AND ALL AFFECTED TAXING
ENTITIES CONCERNING THE PROPOSED HEINZ ROAD
URBAN RENEWAL PLAN, AMENDMENT NO. 1, FOR THE CITY
OF IOWA CITY, IOWA
The City of Iowa City, Iowa will hold a consultation with all affected taxing entities, as
defined in Section 403.17(1) of the Code of Iowa, as amended, commencing 11:30 A.M. on
Thursday, December 19, 2013 in the City Manager's Conference Room, City Hall, Iowa City,
Iowa concerning a proposed Heinz Road Urban Renewal Plan, Amendment No. 1, a copy of
which is attached hereto.
Each affected taxing entity may appoint a representative to attend the consultation. The
consultation may include a discussion of the estimated growth in valuation of taxable property
included in the proposed Urban Renewal Area, the fiscal impact of the division of revenue on
the affected taxing entities, the estimated impact on the provision of services by each of the
affected taxing entities in the proposed Urban Renewal Area, and the duration of any bond
issuance included in said Plan.
The designated representative of any affected taxing entity may make written
recommendations for modification to the proposed division of revenue no later than seven days
following the date of the consultation. Wendy Ford, Economic Development Coordinator, as the
designated representative of the City of Iowa City, shall submit a written response to the
affected taxing entity, no later than seven days prior to the public hearing on the proposed Heinz
Road Urban Renewal Plan, Amendment No. 1, addressing any recommendations made by that
entity for modification to the proposed division of revenue.
This notice is given by order of the City Council of the City of Iowa City, Iowa, as
provided by Section 403.5 of the Code of Iowa, as amended.
Dated this day of ,
City Clerk, Iowa City, Iowa
(END OF NOTICE)
Section 4. That a public hearing on the proposed Heinz Road Urban Renewal Plan,
Amendment No. 1 shall be held before the City Council on January 21, 2014 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.
Section 5. That the City Clerk is authorized and directed to give public notice of this
public hearing in the "Press- Citizen," once on a date not less than four (4) nor more than twenty
(20) days before the date of said public hearing, and to mail a copy of said notice by ordinary
mail to each affected taxing entity, such notice in each case to be in substantially the following
form:
NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF
A PROPOSED AMENDMENT TO THE HEINZ ROAD URBAN
RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL
PROJECT IN THE CITY OF IOWA CITY, IOWA
The City Council of the City of Iowa City, Iowa will hold a public hearing at its meeting on
January 21, 2014 commencing 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, to consider adoption of the Heinz Road Urban Renewal Plan, Amendment No.
1 (the "Plan "), which adds the following project to the Plan: a developer's agreement for an
expansion to the bottle manufacturing company, Alpla, Inc.
A copy of the plan is on file for public inspection in the office of the City Clerk, City Hall,
Iowa City, Iowa.
The City of Iowa City, Iowa is the local agency which, if such Plan is approved, shall
undertake the urban renewal activities described in such Plan.
Resolution No. 13 -331
Page 3
The general scope of the urban renewal activities under consideration in the Plan is to
assist qualified industries and businesses in the Urban Renewal Area through various public
purpose and special financing activities outlined in the Plan. To accomplish the objectives of
the Plan, and to encourage the further development of the Urban Renewal Area, the plan
provides that such special financing activities may include, but not be limited to, the making of
loans or grants of public funds to private entities under Chapter 15A of the Code of Iowa. The
City also may install, construct and reconstruct streets, parking facilities, open space areas and
other substantial public improvement, and may acquire and make land available for
development or redevelopment by private enterprise as authorized by law. The Plan provides
that the City may issue bonds or use available funds for such purposes and that tax increment
reimbursement of such costs will be sought if and to the extent incurred by the City.
Any person or organization desired to be heard shall be afforded an opportunity to be
heard at such hearing.
This notice is given by order of the City Council of Iowa City, Iowa, as provided by
Section 403.5 of the State Code of Iowa.
Dated this day of
s /Marian K. Karr
City Clerk, Iowa City, Iowa
(END OF NOTICE)
Section 6. That the proposed Heinz Road Urban Renewal Plan, Amendment No. 1, is
hereby officially declared to be the proposed Heinz Road Urban Renewal Plan, Amendment No.
1, referred to in said notices for purposes of such consultation and hearing and that a copy of
said Plan shall be placed on file in the office of the City Clerk.
PASSED AND APPROVED this 3rd day of December, 2013
ATTEST:
U&SIM] 0
Mayor
Resolution No. 13 -331
Page 4_
It was moved by Mims and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Champion
x
Dickens
x
Dobyns
x
Hayek
x
Mims
x
Payne
x
Throgmorton
. ._. CITY OF IOWA CITY 33d2j—
MEMORANDUM
Date: November 21, 2013
To: Tom Markus, City Manager
From: Wendy Ford, Economic Development Coordinator
Re: Heinz Road Urban Renewal Area Amendment #1
Background
The Heinz Road Urban Renewal Area was created in 2002 to assist our manufacturing
community with economic development initiatives. The City has assisted with three expansion
projects in the area and has been approached to assist with a third.
In order for the City to participate in a new economic development project in an urban renewal
area, the corresponding plan must be amended to include it.
There have been three urban renewal projects to date in the Heinz Road Urban Renewal Area.
United Natural Foods Incorporated (UNFI), a food distribution company received TIF rebates
equal to the lesser of 6 years of 100% of the TIF levy, or $1 million maximum (beginning FY07).
This was coupled with State financing, to make improvements to existing space and to add
140,000 square feet of new space. The project required the creation 82 jobs, and by the end of
the monitoring period, UNFI had created 88 jobs for a total of 306. The project also added more
than $8.4 million to the tax base over the 5 years of monitoring.
Alpla, Inc., a plastic bottle manufacturer has undergone two expansions with City (and State)
assistance. Project #1 was for TIF rebates equal to the lesser of 5 years or $545,000 maximum
(beginning FY06). This 56,000 square foot addition to production facilities added approximately
$3.25 million to the tax base. Alpla was required to maintain 35 full time employees and by the
end of the monitoring period, employed 251. Project #2 was for TIF rebates equal to the lesser
of 4 years or $600,000 maximum (beginning FY11). This project involved improvements to
existing space and the addition of 82,000 square feet and 25 new full time positions. By the
completion of the monitoring period for the second project, Alpla's taxable valuation will have
increased by more than $5.4 million since before the first project.
Solution
Adoption of a Resolution of Necessity is the required first step in amending an urban renewal
plan. The ensuing steps are to publish required notices for and hold a consultation with taxing
entities (scheduled for December 19) and a Public Hearing on the proposed amendment
(scheduled for January 21).
The proposed new project is another with Alpla, Inc. It was first proposed to the City Council
Economic Development Committee (EDC) in March, 2012), when Alpla was applying for State
funds and needed a resolution of intent from the City to provide local matching funds (see
minutes following this memo). A four year TIF rebate capped at $170,000 was proposed. EDC
recommended and Council approved a resolution of intent (12 -184) to provide that form of
assistance as a local match to State funds in April of 2012.
A development agreement specific to the new Alpla project will follow the adoption of the
amendment to the Heinz Road Urban Renewal Area after the public hearing on the proposed
amendment. The project will consist of a $12.2 million capital investment consisting of a 10,000
square foot addition to accommodate new technology, two new machines and assembly
equipment along with the creation of 37 new jobs.
November 25, 2013
Page 2
Recommendation
Staff recommends adoption of the Resolution of Necessity to amend the Heinz Road Urban
Renewal Area in order to consider assisting in the expansion of a valued industrial employer.
Justification
The increase in tax base and jobs in the Heinz Road Urban Renewal Area since the Urban
Renewal Area was created has been substantial. For the projects with which the City has
assisted, our total contribution has been $2.145 million which has created an increment of new
taxable value that now generates more than $560,000 per year in additional property taxes. The
job count in the two businesses we've assisted over the same time frame has gone from 335 to
567.
Please let me know if you have any questions.
November 25, 2013
Page 3
MINUTES APPROVED
CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE
MARCH 20, 2012
HELLING CONFERENCE ROOM, 8:00 A.M.
Members Present: Susan Mims, Michelle Payne
Members Absent: Matt Hayek
Staff Present: Wendy Ford, Tracy Hightshoe, Geoff Fruin, Jeff Davidson, Tom
Markus,
Others Present: Gigi Wood, Nancy Quellhorst, Joe Raso
RECOMMENDATIONS TO COUNCIL:
Payne moved to recommend to the City Council the request for Financial
Assistance for Plant Expansion at Alpla, 2258 Heinz Road, Iowa City.
Mims seconded the motion.
Motion carried 2 -0; Hayek absent.
CALL MEETING TO ORDER:
The meeting was called to order by Chairperson Mims at 8:11 A.M.
WELCOME AND INTRODUCTIONS:
Chairperson Mims welcomed everyone and asked that those present introduce
themselves.
CONSIDER REQUEST FOR FINANCIAL ASSISTANCE FOR PLANT EXPANSION AT
ALPLA LOCATED AT 2258 HEINZ ROAD:
Wendy Ford addressed Members, giving them some background information on the
Alpla facility in Iowa City. She stated that Alpla has approached the City regarding an
expansion of their production facility. The expansion will occur here in Iowa City, or at
their Jefferson City, Missouri, facility. They have approached the govemmental bodies
at both locations to compare incentives available for such an expansion.
This project involves a $12.2 million capital investment by Alpla, about $1 million of
which would be the taxable valuation of a 10,000 square foot addition. Previous Alpla
projects also received economic development grants— one, a 4 -year and the other a 5-
year TIF rebate. Staff then determined that if they did a 4 -year TIF on the new value
created for this expansion it could mean a potential $170,000 property tax savings for
Alpla over the four years. She further noted that this amount is smaller than the previous
expansions due to the taxable value portion of the proposed project. The overall value
of the project is high due to the new technology that will be used, and due to the addition
of 34 new jobs. Mims stated that she would like to clarify that a large portion of the
capital investment is in machinery and equipment, which under Iowa State Law is not
taxable.
November 25, 2013
Page 4
Ford continued, noting that of the 34 jobs, 20 will pay above the current county median
wage. At the end of three years, all of the jobs are expected to exceed the county
median wage. The existing 190 or so employees will be retained. Ford stated that staff
took a tour of the Alpla facility recently and noted that they have made several
expansions without City assistance, as well.
Jeff Davidson stated that staff is asking for recommendation to Council for a 4 -year TIF
rebate project, not to exceed $170,000, for Alpla's expansion. Members then asked
questions of staff regarding this request. Mims stated that she believes this is a good
request and that she would entertain a motion to recommend to the full City Council.
Payne moved to recommend to the City Council the request for Financial
Assistance for Plant Expansion at Alpla, 2258 Heinz Road, Iowa City.
Mims seconded the motion.
Motion carried 2 -0; Hayek absent.
STAFF TIME:
None.
COMMITTEE TIME:
None.
ADJOURNMENT:
Payne moved to adjourn the meeting at 8:20 A.M.
Mims seconded the motion.
Motion carried 2 -0; Hayek absent.
November 25, 2013
Page 5
7e'21
Prepared by: Wendy Fad, 410 E. Washington St., Iowa City, IA =40 (318) 358.5248
RESOLUTION NO. 12 -184
RESOLUTION OF INTENT TO APPROVE AN ECONOMIC DEVELOPMENT
GRANT IN THE FORM OF 4 YEARS OF TAX INCREMENT FINANCING
REBATES NOT TO EXCEED $170,000, SHOULD ALPLA, 2268 HEINZ RD.,
IOWA CITY SELECT IOWA CITY FOR ITS EXPANSION PROJECT
WHEREAS, the City of Iowa City has stated Economic Development policies which Include
attracting development of industrial uses, adding quality jobs and Increasing economic activity,
Property Values and tax revenues; and
WHEREAS, the policies state the City will consider Incentive programs Ir"Kiing city and state
funding, tax Increment financing, public private partnerships and other tools to achieve expected
results; and
WHEREAS, an established global manufacturing company with a local plant Is considering two
locations to expand with Iowa CRY as one possibility and an out -of -stabs location as the other, and
WHEREAS, the City Council Economic Development Committee heard a proposal for the
expansion and supports the project that would be comprised of $12.2 million In capital expenses,
$1 million In taxable valuation and 37 jobs with competitive wages, and
WHEREAS, understanding the competitive nature of this proposal, the City Council Economic
Development Committee voted 2-0 (Hayek absent) at their meeting on March 20, 2012, to
recommend to the City Council a request for financial assistance of an economic: development
grant In the form of a maximum of four years of tax Increment financing rebates not to exceed
$170,000 for a plant expansion, should Iowa City be chosen as the location for the expansion;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT.
It Is the Intent of this City Council to approve an economic development grant in the form
of a maximum of four years TIF rebates, not to exceed $170,000 should the company
select Iowa City as the location for b expansion project.
Passed and approved this 17th day of _ Anil 20,12 ,
ll �Ql
MAYOR
ATTEST' i�r��r�� -�= �..-
IT `LERK C
Amendment No. 1
Heinz Road
Urban Renewal Plan
City of Iowa City, IA
Original Area Adopted 2002
Amendment No. 1 — 2013
Table of Contents
Section 1 — Introduction
Section 2 - Description of Urban Renewal Area
Section 3 - Proposed Urban Renewal Projects
Section 4 - Debt
Section 5 - Urban Renewal Plan Amendments
Section 6 - Effective Period
Section 7 - Repealer
Section 8 - Severability Clause
Attachment No. 1 - Location Map: Heinz Road Urban Renewal Area
Attachment No. 2 — Legal Description
Section 1 - Introduction
The Heinz Road Urban Renewal Plan ( "Plan ") for the Heinz Road Urban Renewal Area ( "Area "),
as amended, is being further amended herein to add a proposed project to be undertaken within
the Area.
There have been no previous amendments to the plan. The purpose of this amendment is to
add a project. The Heinz Road Urban Renewal Area remains unchanged.
Except as modified by this Amendment, the provisions of the original Heinz Road Urban
Renewal Plan are hereby ratified, confirmed, and approved and shall remain in full force and
effect. In case of any conflict or uncertainty, the terms of this Amendment shall control.
Section 2 - Description of Urban Renewal Area
The legal description of the Area and map thereof are attached hereto as Attachment No. 2.
Section 3 — Proposed Urban Renewal Projects
Although certain project activities may occur over a period of years, in addition to the projects
previously proposed in the City- University Project I Urban Renewal Plan, as previously
amended, the Proposed Urban Renewal Projects under this Amendment include:
1. Economic Development
Project
Date
Estimated
Cost
Rationale
Developer's Agreement
2014 -2018
Not to exceed
Economic Development:
for TIF rebates to Alpla,
$170,000
Additional jobs and taxable value.
Inc.
Administrative expenses
2014
Not to exceed
$5,000
Section 4 — DEBT
1. (FY14) Constitutional Debt Limit: $ 233,415,950
2. Current general obligation debt: $ 67,055,000
Proposed amount of indebtedness to be incurred: A specific amount of tax increment debt to be
incurred (including direct grants, loans, advances, indebtedness, bonds or other incentives) for
projects over time has not yet been determined. The City Council will consider each request for
financial assistance or a project proposal on a case -by -case basis to determine if it is in the
City's best interest to participate. It is estimated that the City's cost for anticipated Proposed
Projects discussed in Section 3 will be in the range of $175,000. This is an estimate and in no
event will the City Council exceed this estimated amount of indebtedness without amendment to
2
this Plan. This estimation is merely meant for planning purposes.
Section 5 — Urban Renewal Plan Amendments
If the City of Iowa City desires to amend this Plan, it may do so in conformance with applicable
state and local laws.
Section 6 — Effective Period
This Urban Renewal Plan Amendment No. 1 will become effective upon its adoption by the City
Council of Iowa City Notwithstanding anything to the contrary in the Urban Renewal Plan, any
prior amendment, resolution, or document, the Urban Renewal Plan shall remain in effect until
terminated by the City Council, and the use of incremental property tax revenues, or the
"division of revenue," as those words are used in Chapter 403 of the Code of Iowa, will be
consistent with Chapter 403 of the Iowa Code.
Section 7: Repealer
Any parts of the previous Plan, as previously amended, in conflict with this Amendment are
hereby repealed.
Section 8: Severability Clause
If any part of this Amendment is determined to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity of the previously adopted Plan as a whole or the
previous amendments to the Plan, or any part of the Plan not determined to be invalid or
unconstitutional.
3
Attachment No. 1
Heinz Road Urban Renewal Area
Urban Renewal Area Boundary
® Urban Renewal Area
4
Attachment No. 2
Legal Description of the
Heinz Road Urban Renewal Area
Consisting of a tract of land described as follows:
Commencing at the intersection of the northerly right -of -way Line of U.S. Highway 6 and
the easterly right -of -way line of Scott Boulevard located in Section 19, Township 79
North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa;
said point of beginning;
Thence, northeasterly and northerly along easterly right -of -way line of Scott Boulevard
to a point on the southerly right -of -way line of the Heartland Rail Corporation;
Thence northwesterly along said southerly right- of way line of the Heartland Rail
Corporation to the most northwesterly point of Lot 4, BDI Fifth Addition;
Thence, southeasterly and then southerly along the westerly property line of Lot 4, BDI
Fifth Addition to the most southwesterly point of Lot 4, BDI Fifth Addition, which is also
the most northwesterly point of Lot 4 Second Addition;
Thence, southerly and then southwesterly along the westerly property line of Lot 4 BDI
Second Addition to the most northwesterly point of Lot 1, BDI Fourth Addition;
Thence, southwesterly along the westerly property line of Lot 1, BDI Fourth Addition to
the intersection of the westerly property line of Lot 1, BDI Fourth Addition and the
northerly right- of -way line of US Highway 6;
Thence, to a point perpendicular with the southerly right- of -way of US Highway 6;
Thence, southeasterly along the southerly right -of -way of Highway 6 to a point
perpendicular to the easterly right -of -way of Scott Boulevard,
Thence, northeasterly to the intersection of the northerly right- of -way of US Highway 6
and the easterly right -of -way of Scott Boulevard, which is said point of beginning.
(This area is has also been referred to as the BDI Industrial Park Area.)
1
3d(3)
ONE■■
Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5415
RESOLUTION NO. 13 -332
RESOLUTION ACCEPTING THE WORK FOR THE FY2013 CURB RAMP
IMPROVEMENT PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
FY2013 Curb Ramp Improvement Project, as included in a contract between the City of Iowa City
and Feldman Concrete of Dyersville, Iowa, dated June 6, 2012, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the
City Clerk's office; and
WHEREAS, funds for this project are available in the Curb Ramp Construction — ADA account #
3822; and
WHEREAS, the final contract price is $81,273.89.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 3rd day of December , 20_L3_
MAYOR
Approved by
ATTEST:
CITY'C1ERK City Attorney's Office
It was moved by Mims and seconded by Pay„P the Resolution be
adopted, and upon roll call there were:
AYES:
►1'
x
x
x
_x
X
x
Pweng /masters /acptwork.doc
11/13
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
ENGINEER'S REPORT
November 27, 2013
City Clerk
Iowa City, Iowa
Re: FY2013 Curb Ramp Project
Dear City Clerk:
]LI
'" Mj0°1�
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(319) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
I hereby certify that the construction of the FY2013 Curb Ramp Improvement Project has been
completed by Feldman Concrete of Dyersville, Iowa in substantial accordance with the plans
and specifications prepared by the City of Iowa City.
The project was bid as a unit price contract and the final contract price is $81,273.89.
There was one change or extra work order for the project as described below:
1. Fire Hydrant Removal and Replacement
$6,645.10
Other additional work was added to the Contract by an increase in project quantities using
contract unit prices.
• Provided sidewalk infill for continuation of a school route to Norman Borlaug Elementary
along Kennedy Parkway. The added cost for this work was $11,021.00.
• An increase in repair work beyond estimated bid quantities accounted for an additional cost
of $2,409.14.
TOTAL Additional Costs to Original Contract
$ 20,075.24
I recommend that the above - referenced improvements be accepted by the City of Iowa City.
Sincerely
Ronald R. Knoche, P.E.
City Engineer
pweng /masters /engrpt doc
Mir-M-75—
3e(1)
Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 13 -333
RESOLUTION SETTING A PUBLIC HEARING FOR DECEMBER 17,
2013 TO CONSIDER A PROPOSAL TO CONVEY APPROXIMATELY .75
ACRES AT THE NORTHEAST CORNER OF THE INTERSECTION OF N.
DODGE STREET AND PRAIRIE DU CHIEN ROAD TO HY -VEE, INC.
WHEREAS, Hy -Vee, Inc. and staff have signed a purchase agreement, contingent on City
Council approval, to purchase approximately .75 acres of land, including recently vacated
portions of St. Clement's Street and St. John's alley;
WHEREAS, the land to be sold is depicted on Exhibit B to the purchase agreement, and a copy
of Exhibit B is attached to the resolution;
WHERAS, although the offer provides that Hy -Vee will not pay any cash for the land, the
consideration is that Hy -Vee, Inc. will dedicate land to the City for St. Clement's Street right -of-
way, which will be in a better location for the public than the vacated right -of -way; and
WHEREAS, Council should hold a public hearing on the proposed conveyance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The City Council does hereby declare its intent to approve the purchase agreement
between the City of Iowa City and Hy -Vee, Inc. the above - referenced property and to
convey said property in accordance with said agreement.
2. A public hearing on said proposed agreement should be and is hereby set for December
17, 2013 at 7:00 p.m. in Emma J. Harvat Hall of City Hall, 410 E. Washington Street, Iowa
City, IA or if said meeting is cancelled, at the next meeting of the City Council thereafter as
posted by the City Clerk. The City Clerk is hereby directed to cause notice of public
hearing to be published as provided by law.
Passed and approved this 3rd day of December , 2013.
A
o�
MAYOR
Approved by
ATTEST: a��cJ �� . ���'
CI Y ERK City Attorney's Office
Resolution No. 13 -333
Page 2
It was moved by Mims and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
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Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 319- 356 -5230 (ANN13-
00002)
RESOLUTION NO.
A RESOLUTI N FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 44.85
ACRES OF P OPERTY LOCATED ON SYCAMORE STREET SO�TH OF THE
CURRENT CITY IMITS (ANN13- 00002). 11
WHEREAS, Prospec Farms is the owner and legal titleholder of appFoximately 44.85 acres of
land located on Sycamore eet south of the current city limits; and r
WHEREAS, the Iowa Community School District, the appli nt, with the consent of the
owner, has requested annex ion of the approximate 44.85 -acre t ct into the City of Iowa City,
Iowa; and
WHEREAS, the aforementio d property is located within th Long -Range Planning Boundary
of the City of Iowa City; and
WHEREAS, control of the area roposed for annexation ' in the City's best interest because
it will allow development in a manner nsistent with the Co prehensive Plan; and
WHEREAS, pursuant to Iowa Co e 368.5 and 368. (2013), notice of the application for
annexation was sent to the Johnson Co ty Board of Su ervisors, Johnson County Departments
of Attorney, Auditor, Engineer, Planning nd Zoning, each effected public utility, East Lucas
Township, the Metropolitan Planning Organ ation of nson County, and the East Central Iowa
Council of Governments; and
WHEREAS, none of these entities have obi cte to the proposed annexation; and
WHEREAS, the Planning and Zoning Corn ' sion has reviewed the proposed rezoning and
has recommended approval.
NOW, THEREFORE, BE IT RJEE THE ` ITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The following described land ntarily ann ed to the City of Iowa City, Iowa:
ESCRIPTION:'.,
A PORTION OF THE NORTHEAST Q NOR THWEST QUARTER AND THE SOUTHEAST
QUARTER OF THE NORTHWEST QSECTION 26, TOWNSHIP 79 NORTH, RANGE 6 WEST,
OF THE FIFTH PRINCIPAL MERIDIA S FOLLOWS:
Beginning at the North Quarter orner of Section 26, Township 79 North, Range 6 West, of the Fifth
Principal Meridian; Thence SO 02'07 "E, along the East Line of the Northwest Quarter of said Section
26, a distance of 2400.46 fee , Thence S88 °24'05 "W, 1056.21 feet; Thence N33 °5.6'01 "W, 287.10 feet;
Thence N71 °52'45 "E, 233.0 feet; Thence N00 °59'50 "W, 407.99 feet; Thence N89 °00'10 "E, 274.88 feet;
Thence N01 °02'07 "W, 168 .17 feet, to a Point on the North Line of said Northwest)C2uarter; Thence
N88 °22'36 "E, along said orth Line, 714.21 feet, to the Point of Beginning. Said Annexation Parcel
contains 44.85 Acres (1,V53,534 square feet), and is subject to easements and restrictions of Record.
2. The City Clerks hereby authorized and directed to certify, file, and record all necessary
documents as required by Iowa law under Section 368.7 (2013) at Owner's expense.
Resolution No.
Page 2
3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary
documents for certification of the population of the annexed territory to Johnson County and
the State Tre�rer, said population being zero.
Passed and approved this `. day of )2013.
MAY 7,
A Prove- _
ATTEST: �^Y,
CITY CLERK City Attorn y's fice 7�`�� /3
NOV -6 ?013
'3 . c n r�. .
To: Planning and Zoning Commission
Item: ANN 13-00002 and REZ13 -00023
School District — Sycamore
GENERAL INFORMATION:
Applicant:
Contact Person:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
BACKGROUND INFORMATION:
STAFF REPORT
Prepared by: Robert Miklo
Bailee McClellan, Planning Intern
Date: October 17, 2013
Iowa City Community School District
1725 North Dodge Street
Iowa City, Iowa 52246
Craig Hansel, CFO
Iowa City Community School District
1725 North Dodge Street
Iowa City, Iowa 52246
hansel.craig @iccsd.k12.ia.us
319- 688 -1000
Annexation and rezoning
To annex 44.85 acres south of city limits and
to re -zone 29.07 acres of the property from
County Residential (R) to Interim Development
(ID) and 15.78 acres of the property to
Neighborhood Public (P -1)
West of Sycamore Street and south of the
Iowa City corporate limits
Approximately 44.85 acres
County Residential (R)
North: Residential (RS -8)
South: County Residential (R)
East: County Residential (R) and County
Multifamily Residential (RMF)
West: County Residential (R)
South District Plan - Residential, Public, and
Neighborhood Commercial
September 9, 2013
The Iowa City Community School District with the consent of the owner, Prospect Farms, has
requested the annexation of approximately 44.85 acres west of Sycamore Street and south of the
Iowa City corporate limits. An elementary school is proposed for the southern portion of the
P)
property that will meet the needs of the growing population and overcrowding of schools. The
applicant has requested that the remaining portion of the property be zoned Interim Development
Single Family Residential (ID -RS).
The property is currently zoned County Residential (R) and is farmed. There are not buildings on
the property.
ANALYSIS:
Annexation
The Comprehensive Plan has established a growth policy to guide the decisions regarding
annexations. The annexation policy states that annexations are to occur primarily through
voluntary petitions filed by the property owners. Further, voluntary annexation requests are to be
reviewed under the following three criteria. The Comprehensive Plan states that voluntary
annexation requests should be viewed positively when the following conditions exist.
1.. The area under consideration falls within the adopted long -range planning boundary.
A general growth area limit is illustrated in the Comprehensive Plan and on the City's
Zoning Map. The subject property is located adjacent to the city's corporate limits and
within the city's long -range planning boundary. The boundary is located approximately Y2
mile south of the subject property.
2. Development in the area proposed for annexation will fulfill an identified need without
imposing an undue burden on the City.
Development continues to occur in the South District and the current schools are not able
to meet the needs of a growing population. The Comprehensive Plan- South District Plan
indicates that the subject property is an appropriate site for an elementary school.
Sycamore Street will need to be improved to City standards to accommodate traffic that
will be generated from a school. The improvement of Sycamore Street has been identified
as a needed project in the City's Capital Improvement Program (CIP) but currently is not in
a funded year. As the City Council prepares the next budget, staff will recommend that
Sycamore Street be moved to a funded year to accommodate the proposed school and
development in south Iowa City.
A sanitary trunk line is located adjacent to the west side of the proposed school site.
There is a water line in the Sycamore Street right -of -way.
Based on residential growth and school capacity, the availability of utilities to serve this
property and plans to improve Sycamore Street, staff finds that the proposed annexation
will fulfill an identified community need without imposing undue burden on the City.
3. Control of the development is in the City's best interest.
The property is within the Long -Range Planning boundary and abuts the City's corporate
limits. It is appropriate that institutions that are the size of the proposed school be located
within the city so that they may be served by municipal Fire, Police, water and sanitary
sewer service. Annexation will allow the City to provide these services and will allow the
City to control zoning and development of the adjacent property to the north so that it is
compatible with the Comprehensive Plan.
For the reasons stated above, staff recommends approval of the requested annexation.
K
Rezoning
Compliance with the Comprehensive Plan: The Comprehensive Plan future land -use map shows
the proposed school site as appropriate for a large institutional use, such as a school. The area
near the proposed intersection of McCollister Boulevard and Sycamore Street is shown as being
appropriate for a small neighborhood commercial center and a public park transitioning to a mix of
housing types and then transitioning into single family residential development. The applicant has
requested that the northern 29.07 acres of the annexation property be rezoned from County
Residential (R) to Interim Development Single Family Residential (ID -RS). The Interim
Development zone is appropriate for undeveloped areas until the city is able to provide city
services and a more detailed zoning plan is developed consistent with the Comprehensive Plan.
The applicant has also requested that the southern 15.78 acres of the annexation property be
rezoned from County Residential (R) to Neighborhood Public (P -1). Public zones are appropriate
for schools and other civic buildings owned by the County, the City, or the Iowa City Community
School District. The Comprehensive Plan shows neighborhood public zoning as appropriate for
this area.
Staff finds that the proposed zoning designations are in compliance with the Comprehensive Plan.
Street Infrastructure: To provide access to the proposed school, road conditions on Sycamore
Street, an arterial street through the South District, will need to be improved. The street is
currently built to city standards within the City corporate limits. Staff recommends upgrading
Sycamore Street to meet city standards to the point where the street curves to the west near the
south side of the subject property. McCollister Boulevard, another arterial street, will be developed
through the northern portion of the property in the future. As noted, staff will recommend to the
City Council that the improvement of Sycamore Street be moved to a funded year within the CIP.
The proposed school site will not have direct access to Sycamore Street. A new east west street
will be built on the north side of the proposed school site.
Sensitive Areas: The Sensitive Areas map indications the presence of hydric soils on portions of
this property. Hydric soils may indicate the potential for wetlands and /or a high water table. Prior
to development the applicant will need to verify that there are no jurisdiction wetlands regulated by
the Army Corp of Engineers and the City's Sensitive Areas requirements. The applicant will also
want to consider the soil conditions and water table when planning for construction on the
property. There do not appear to be any other sensitive features present on the property.
STAFF RECOMMENDATION:
Staff recommends approval of ANN13 -00002 and REZ13- 00023, annexation of approximately
44.85 -acres and a rezoning from County Residential (R) zone to Neighborhood Public (P -1) zone
for approximately 15.78 -acres and to Interim Development Single Family (ID -RS) zone for
approximately 29.07 -acres of property located on the west side of Sycamore Street.
ATTACHMENTS:
1. Location Map
2. Zoning Exhibit
Approved by: —7 ox / ?/-
John Yapp, Department of Planning and Community Development
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Planning and Zoning Commission
October 17, 2013 - Formal
Page 2 of 8
returning from the bars in the wee hours of the morning as well as the litter associated with such
food services.
Freerks asked if Michaud had talked to anyone on City staff. Michaud said she talked to Jann
Ream, who said they can't regulate business hours. Holecek said she would like to take
Michaud's remarks into consideration and get back to her.
Miklo said the only way they could regulate hours under the current zoning code is if it's a
special exception, and the Board of Adjustment sometimes imposes hours of operation on
those.
Michaud said she wanted to give them a "heads up" about Riverfront Crossings, too, because
there will be the same dense housing there and there will be a requirement for a commercial
space underneath the multifamily housing, and this in the kind of pressure there will be to fill up
those spaces.
Holecek noted that while there are businesses in other part of town that stay open later, she
acknowledged the concern about this location and said she would look into the matter to see if
they could make a recommendation. Freerks encouraged Michaud to follow up with Holecek.
Annexation / Zoning Items
ANN 13- 00002 /REZ 13 -00023
Discussion of an application submitted by Iowa City Community School District for an
annexation of 44.85 -acres and rezoning from County Residential (R) zone to
Neighborhood Public (P -1) zone for approximately 15.78 -acres and to Interim
Development (ID) zone for approximately 29.07 -acres of property located on Sycamore
Street south of the current city limits.
Miklo showed images and location maps of the subject property. He said the Interim
Development (ID -RS) zone is basically a holding zone that allows agricultural uses until such
time as that City infrastructure and a zoning plan are put in place. He said the southern fifteen
acres is proposed to be rezoned Neighborhood Public (P -1) and would be owned by the Iowa
City Community School District, with the intention to build an elementary school there.
Freerks asked if the school district only plans on purchasing the southern section. Miklo said
that is correct. He said it's necessary to annex the northern section of land in order to make it
contiguous with the City boundaries.
Miklo showed the Comprehensive Plan for the area and said the proposed site was identified in
1997 as a potential school site or site for a large institution such as a church. He said the
thought is that in the long term McCollister Boulevard will travel across the southern part of Iowa
City and hook in with Scott Boulevard.
Miklo said when considering an annexation the first thing to contemplate is whether it falls within
the City's long -range adopted plan for eventual inclusion in the city. He said the long -range plan
calls for annexing to about one -mile to the south of the subject property.
Miklo said the second thing to ask is if the proposed annexation will fill an identified community
need and not impose an undue burden on the City. He said public schools in this part of the city
have capacity issues, and based on growth in this area the school district feels there's a current
Planning and Zoning Commission
October 17, 2013 - Formal
Page 3 of 8
and future need for more capacity in this neighborhood. Miklo said there will be some expense
to the City upgrading Sycamore Street. He said that is currently in the Comprehensive Plan but
in an unfunded year, so staff will recommend to Council when they prepare the Capital
Improvements Plan this spring to include the construction of Sycamore Street in the Plan in
order to provide appropriate access to the school as well as to future development in the area.
Miklo said the third thing to ask about annexations if it is in the best interest of the City to control
the area. He said staff feels that a large institution such as a school should be in the city where
it can be served by City services and have police and fire protection.
Miklo said there is sanitary sewer and water to serve the school, so with the exception of the
street infrastructure, this has the appropriate infrastructure to allow for rezoning. He said there
are some hydric soils on this property which may indicate the presence of wetlands on the
property so that will need to be considered when the designs for the school are made.
Eastham asked if there was any consideration giving to siting the school north of where the
McCollister /Sycamore Street intersection is, given that McCollister is an arterial and crossing to
the school could be problematic. Miklo said the school district did look at a site farther to the
north but they thought it would be too close to the Grant Wood School as they prefer to have a
certain distance between new and existing schools. He said there are schools all over the city
where the service area is on the other side of arterial streets, and those have been managed
well with crossing guards or traffic controls.
Eastham asked if the ID -RS zone would preclude the Commission's ability to zone for a higher
density. Miklo said it would not do so. The Comprehensive Plan shows potential for
Neighborhood Commercial, multi - family, a church or other institutional uses in this area, but until
an alignment and a plan is submitted, staff felt the ID -RS was the most appropriate designation
and the lowest density.
Freerks said she wants to be sure they talk about pedestrians and sidewalks and bikeways to
make sure the school is as easily accessible as possible. Miklo said they anticipate that a
sidewalk will be built at least on one side of Sycamore Street with the construction of the school.
He said the trail plans include a trail along the sanitary sewer easement through the area. He
said the actual school access is more likely to be a new east -west street, not Sycamore Street.
Swygard asked who would be responsible for that street. Miklo said it would be the school
district or the developer.
Thomas asked what happens to the land to the south. Miklo said there's potential there for
having town houses when it's annexed.
Eastham asked if the improvement of Sycamore Street would allow extension of a city bus route
to the school. Miklo said potentially it would, but there are other factors that need to be
considered for that to happen.
Freerks opened public discussion.
Kathy Lynch of Mikada Subdivision asked if they will be annexed into the city. Miklo said this
annexation does not include the Mikada Subdivision although the City's long range plan shows
that if there is growth in the area, it would be annexed.
Freerks closed public discussion.
Planning and Zoning Commission
October 17, 2013 - Formal
Page 4 of 8
Thomas moved to recommend approval of ANN13- 00002 /REZ13- 00023, annexation of
approximately 44.85 acres and a rezoning from County Residential (R) zone to
Neighborhood Public (P -1) zone for approximately 15.78 -acres and to Interim
Development Single - Family Residential (ID -RS) zone for approximately 29.07 -acres of
property located on the west side of Sycamore Street.
Theobald seconded.
Thomas said that identifying a school site is one of the critical foundations in building a sense of
community, and that's reflected in the Comprehensive and District Plans. He asked how the
selection of this site relates to the goals as stated in the Comprehensive Plan and the school
district's Diversity Plan to promote economic as well as other kinds of diversity.
Eastham said this is a thoughtful place to site a new school building. He said what he has
noticed, though, that as Thomas said, the Comprehensive Plan and the school district itself
have indicated that economic diversity within an elementary school attendance area is a goal.
He said from looking at a map that the school district published in 2010 and comparing the
number of students in different neighborhoods that are eligible for the Free Lunch Program,
which the school district uses to identify students of lower income, the areas that have been
developed more recently at higher densities with townhouses, duplexes and apartments
contained almost no Free Lunch eligible children in 2010. He said while he is supportive of
having higher density development as they continue zoning, that is in and of itself not going to
produce a distribution of lower and moderate income families. He said he thinks this a good
discussion to have and wishes that a school district representative had been in attendance. He
said as a Commission member he feels he has some responsibility to say to the school district
that the Commission is not going to be able to zone this site within a mile or so of what its
attendance area is going to be, and they are not going to be able to put homes that are going to
be affordable.
Freerks said she doesn't think that's something they can state right now.
Eastham said they certainly can, and he would definitely support higher density residential
development within the attendance area of this school. He said that based on information that's
available to them as members of the public, it's unlikely that that step is going to produce much
in terms of mixed income of children attending the school in the future.
Holecek said they need to be careful about what kind of land uses will go in there. She said
Eastham can point out the correlation of the report he's read, but that shouldn't necessarily
create what his future decision - making will be. Eastham said he has already stated that his
intention is to support higher density development in this area.
Swygard said she wonders what other projects may be pushed back in advocating for the
financing in the City's Capital Improvement for this road improvement to be accelerated.
Freerks said that is a discussion to have at some point. She said this application is in
compliance with the Comprehensive Plan, and she will be voting in favor of it. She said it is
disappointing that no one from the school district was in attendance at this meeting.
Theobald said she wants to publically support that statement. She said she thinks the City and
the school district working together needs to be encouraged, and that would help with some of
the things that Eastham has mentioned.
Thomas said there aren't that many variables one has to work with to achieve the City's policies
Planning and Zoning Commission
October 17, 2013 - Formal
Page 5 of 8
and the District's policies, and it's up to both entities to meet those policies.
Eastham said that planning for new elementary schools is something that is done infrequently,
but it has immense impact on what happens in the community. He said you would think that this
would be done over two or three meetings of the Commission
Miklo said staff of the school district did meet with City staff several times looking at different
sites and considering their concerns as well as the City's. He said he thinks this plan does
provide adequate infrastructure and fits into the long -range plans of the City.
A vote was taken and the motion carried 5 -0.
ANN 13- 00003 /REZ13 -00025
Discussion of an application submitted by Iowa City Community School District for an
annexation and rezoning from County Agriculture (A) zone to Neighborhood Public (P -1)
zone for approximately 15.14 -acres of property located on Barrington Road and
American Legion Road.
Miklo showed maps of the area. An aerial view of the property shows it as being used for
agricultural purposes and surrounded by similar land. Miklo said this would only include school
district property and would be zoned P for Public, which would allow an elementary school site.
He said the Southeast District Plan shows a greenway along the Snyder Creek stream corridor
and notes that public institutions such as schools would be appropriate along this greenway.
Miklo showed pictures of the subject property and the area. He said this is within the City's long -
range growth area. He said it would fulfill a community need, as there has been a lot of growth
in that area. He said controlled development is in the City's best interest, and staff feels that a
large institution should be served by public utilities and services. He said American Legion Road
is already in the Capital Improvements Plan. He said there are also hydric soils on this site. He
said the actual access would be Barrington Road, which would be built along the east side of
the property.
Freerks asked how far to the east American Legion Road would need to be improved for this to
happen. Miklo said possibly up to Taft Avenue.
Freerks said as traffic will increase, they need to make sure there's a plan for crossing American
Legion Road with pedestrian and bike traffic and she would like to see the City work with the
school district to make sure that happens. Miklo said that the school district has raised the
possibility of some sort of pedestrian underpass on the street and access to the trail in Windsor
Ridge.
Eastham said he thinks it is imperative that there is sidewalk access along the south side of
American Legion Road and on Scott Boulevard so the students from Modern Manor and Sunset
manufactured housing areas along Scott Boulevard can walk and bike to this school. Miklo said
that is a short term concern. He said there is a long -range plan for a collector street in the
housing park. Eastham said he also shares Freerk's concerns that American Legion Road is
going to be busy and there are going to be several crossing points on that road for students
walking or biking to the school from the north.
Thomas asked if there was any discussion about a signalized intersection anywhere along
American Legion Road. Miklo said there wasn't.
MATT SCHULTZ
SECRETARY OF STATE
12/10/13
Marian Karr
City Clerk
410 E. Washington St.
Iowa City, IA 52240 -1826
Re: Resolution #13 -334
Dear Ms. Karr,
y�PtE OF'��
9
�IVIIVIt' �P
P S r ,�� y
NARY Of
OFFICE OF THE IOWA SECRETARY OF STATE
LUCAS BUILDING
DES MOINES, IOWA 50319
You are hereby notified that the resolution, plat map, and legal description pertaining to the voluntary
annexation of territory to the City of Iowa City have been received and accepted by this office as required by
Iowa Code section §368.7. You may consider the annexation filed.
Please review your city's precinct ordinance (if any) and confer with your county auditor to ensure this territory
is assigned to the correct election precinct and /or ward (if any).
If you have questions or concerns bout this communication, please let me know.
Office
32,1 EA2'n St.
Des Moines, IA 50315
sarah.reisefter@sos.iowa.gov
Cc: Annexations, Iowa Department of Transportation
Cc: Matt Rasmussen, City Development Board Administrator
Phone 515 -281 -5204 Fax 515- 242 -5953 sos.iowa.gov sosrisos.iowa.gov
5a
Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 319- 356 -5230 (ANN 13-
00002)
RESOLUTION NO. 13 -334
A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 44.85
ACRES OF PROPERTY LOCATED ON SYCAMORE STREET SOUTH OF THE
CURRENT CITY LIMITS (ANN13- 00002).
WHEREAS, Prospect Farms is the owner and legal titleholder of approximately 44.85 acres of
land located on Sycamore Street south of the current city limits; and
WHEREAS, the Iowa City Community School District, the applicant, with the consent of the
owner, has requested annexation of the approximate 44.85 -acre tract into the City of Iowa City,
Iowa; and
WHEREAS, the aforementioned property is located within the Long -Range Planning Boundary
of the City of Iowa City; and
WHEREAS, control of the area proposed for annexation is in the City's best interest because
it will allow development in a manner consistent with the Comprehensive Plan; and
WHEREAS, pursuant to Iowa Code 368.5 and 368.7 (2013), notice of the application for
annexation was sent to the Johnson County Board of Supervisors, Johnson County Departments
of Attorney, Auditor, Engineer, Planning and Zoning, each effected public utility, East Lucas
Township, the Metropolitan Planning Organization of Johnson County, and the East Central Iowa
Council of Governments; and
WHEREAS, none of these entities have objected to the proposed annexation; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and
has recommended approval.
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, Iowa:
LEGAL DESCRIPTION:
A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER ALL OF SECTION 26, TOWNSHIP 79 NORTH, RANGE 6 WEST,
OF THE FIFTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
Beginning at the North Quarter Corner of Section 26, Township 79 North, Range 6 West, of the Fifth
Principal Meridian; Thence S01 °02'07 "E, along the East Line of the Northwest Quarter of said Section
26, a distance of 2400.46 feet; Thence S88 °24'05 "W, 1056.21 feet; Thence N33 °56'01 "W, 287.10 feet;
Thence N71 °52'45 "E, 233.05 feet; Thence N00 °59'50 "W, 407.99 feet; Thence N89 °00'10 "E, 274.88 feet;
Thence N01 °02'07 "W, 1686.17 feet, to a Point on the North Line of said Northwest Quarter; Thence
N88 °22'36 "E, along said North Line, 714.21 feet, to the Point of Beginning. Said Annexation Parcel
contains 44.85 Acres (1,953,534 square feet), and is subject to easements and restrictions of Record.
2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary
documents as required by Iowa law under Section 368.7 (2013) at Owner's expense.
Resolution No. 13 -334
Page 2
3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary
documents for certification of the population of the annexed territory to Johnson County and
the State Treasurer, said population being zero.
Passed and approved this 3rd day of December , 2013.
MAYOR )J A e
ATTEST: Aa� ACIT ity Attorn y's ice
Resolution No. 13 -334
Page 3
It was moved by dims and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
='x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
MATT SCHULTZ
SECRETARY OF STATE
December 30, 2013
Marian Karr
City Clerk
410 E. Washington St.
Iowa City, IA 52240 -1826
Re: Resolution #13 -335
Dear Ms. Karr,
0
OFFICE OF THE IOWA SECRETARY OF STATE
LUCAS BUILDING
DES MOINES, IOWA 50319
You are hereby notified that the resolution, plat map, and legal description pertaining to the voluntary
annexation of territory to the City of Iowa City have been received and accepted by this office as required by
Iowa Code section §368.7. You may consider the annexation filed.
Please review your city's precinct ordinance (if any) and confer with your county auditor to ensure this territory
Is assigned to the correct election precinct and /or ward (if any).
If you have questions or concerns about this communication, please let me know.
G.
Office
Des Moines, IA 50315
sarah.relsetter@sos.lowa.gov
Cc: Annexations, Iowa Department of Transportation
Cc: Matt Rasmussen, City Development Board Administrator
Phone 515 -281 -5204 Fax 515 - 242 -5953 sosdowa.gov so asosdowa.gov
12 -03 -13
5C
q �■
Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 319- 356 -5230 (ANN13-
00003)
RESOLUTION NO. 13 -335
A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 15.14
ACRES OF PROPERTY LOCATED ON AMERICAN LEGION ROAD AND
BARRINGTON ROAD (ANN13- 00003).
WHEREAS, Steve and Julie Lacina are the owners and legal titleholders of approximately
15.14 acres of land located on American Legion Road and Barrington Road; and
WHEREAS, the Iowa City Community School District, the applicant, with the consent of the
owners, has requested annexation of the approximate 15.14 -acre tract into the City of Iowa City,
Iowa; and
WHEREAS, the aforementioned property is located within the Long -Range Planning Boundary
of the City of Iowa City; and
WHEREAS, control of the area proposed for annexation is in the City's best interest because
it will allow development in a manner consistent with the Comprehensive Plan; and
WHEREAS, pursuant to Iowa Code 368.5 and 368.7 (2013), notice of the application for
annexation was sent to the Johnson County Board of Supervisors, Johnson County Departments
of Attorney, Auditor, Engineer, Planning and Zoning, each effected public. utility, Scott Township,
the Metropolitan Planning Organization of Johnson County, and the East Central Iowa Council of
Governments; and
WHEREAS, none of these entities have objected to the proposed annexation; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and
has recommended approval.
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, Iowa:
LEGAL DESCRIPTION:
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, AND A PORTION OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER ALL OF SECTION 18, TOWNSHIP 79 NORTH, RANGE
5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
Commencing at the Southeast Corner of Section 18, Township 79 North, Range 5 West, of the Fifth
Principal Meridian; Thence N89 °49'55 "W, along the South Line of the East One -Half of the Southeast
Quarter of said Section 18, a distance of 1317.87 feet, to the Southwest Corner of said East One -Half;
Thence N00 °31'57 "E, along the West Line of said East One -Half, 700.14 feet, to the Point of Beginning;
Thence continuing N00 °31'57 "E, along said West Line, 556.81 feet, to a Point on the South Line of Lot 1
of Lacina Farmstead, in accordance with the Plat thereof Recorded in Plat Book 33 at Page 146 of the
Records of the Johnson County Recorder's Office; Thence S89 °25'05 "E, along said South Line 0.76 feet,
to the Southeast Corner of said Lot 1; Thence N00 °33'48 "E, along said the East Line of said Lot 1, a
distance of 590.74 feet, to the Northeast Corner thereof, and a Point on the Centerline of American
Legion Road SE; Thence S66 °43'53 "E, along said Centerline, 602.89 feet; Thence S23 °16'07 "W, 61.50
feet; Thence Southeasterly, 164.31 feet along a 170.00 foot radius curve, concave Northeasterly, whose
Resolution No. 13 -335
Page 2
157.99 foot chord bears SO4 °25'14 "E; Thence S32 °06'35 "E, 254.99 feet; Thence Southeasterly 131.15
feet along a 230.00 foot radius curve, concave Southwesterly, whose 129.38 foot chord bears
S15 °46'27 "E; Thence S00 °33'41 "W, 361.88 feet; Thence N89 °26'19 "W, 720.68 feet, to the Point of
Beginning. Said Parcel of Land contains 15.14 Acres (659,342 square feet), and is subject to easements
and restrictions of record.
2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary
documents as required by Iowa law under Section 368.7 (2013) at Owner's expense.
3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary
documents for certification of the population of the annexed territory to Johnson County and
the State Treasurer, said population being zero.
Passed and approved this 3rd day of December , 2013.
MAYOR
1 rove
G2�it�
ATTEST: f
CITY CLERK City Att rney s Offi
�� �r3
Resolution No. 13 -335
Page 3
It was moved by Payne and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
IMMI&I
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
s- C__
Prepared by: Bailee McClellan, Planning Intern, 410 E; Washington St., Iowa City, IA 52240 319- 356 -5230 (ANN13-
00003)
RESOLUTION NO.
A RESOLUTION FOR A VOLUNTARY ANNEXATI(
ACRES OF PROPERTY LOCATED ON AME
BARRINGTON ROAD (ANN13- 00003).
WHEREAS, Steve and Julie Lacina are the owners a
15.14 acres of land located on American Legion Road and Barr!
WHEREAS, the Iowa City Community School District,
owners, has requested ann xation of the approximate 15.1
Iowa; and
WHEREAS, the aforement ned property is located wi
of the City of Iowa City; and
WHEREAS, control of the ar proposed for am
it will allow development in a mann consistent with i
WHEREAS, pursuant to Iowa de 368.5 and
annexation was sent to the Johnson unty Board c
of Attorney, Auditor, Engineer, Plannin and Zonin ,
the Metropolitan Planning Organization ofi,Jo hnso C
Governments; and
WHEREAS, none of these entities have o 'e ted
WHEREAS, the Planning and Zoning Co issii
has recommended approval. `
APPROXIMATELY 15.14
LEGION ROAD AND
legal titleholders of approximately
)n Road; and
applicant, with the consent of the
-re tract into the City of Iowa City,
n the Long -Range Planning Boundary
)x ion is in the City's best interest because
ie/Comprehensive Plan; and
68.7 (2013), notice of the application for
Supervisors, Johnson County Departments
each effected public. utility, Scott Township,
aunty, and the East Central Iowa Council of
to the proposed annexation; and
)n has.reviewed the proposed rezoning and
NOW, THEREFORE, BE IT RESOLVED /3Y THE�,CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The following described land should a voluntarily annexed to the City of Iowa City, Iowa:
GAL DESCRIPTIOI`
A PORTION OF THE NORTHEAST QUA ER OF THE SOUTHEAST QUARTER, AND A PORTION OFOTHE 6 �01)
SOUTHEAST QUARTER OF THE SOUTIEAST QUARTER ALL OF SECTIO11\18, TOWNSHIP 79 NORTH, RANGE
5 WEST, OF THE FIFTH PRINCIPAL N*RIDIAN, DESCRIBED AS FOLLOWS:
Commencing at the Southeast Co ner of Section 18, Township 79 North, Rapge 5 West, of the Fifth
Principal Meridian; Thence N89° 9'55 "W, along the South Line of the East Oise -Half of the Southeast
Quarter of said Section 18, a di ance of 1317.87 feet, to the Southwest Corne'Nof said East One -Half;
Thence N00 °31'57 "E, along th West Line of said East One -Half, 700.14 feet, to the Point of Beginning;
Thence continuing N00 °31'5 'E, along said West Line, 556.81 feet, to a Point on the South Line of Lot 1
of Lacina Farmstead, in accordance with the Plat thereof Recorded in Plat Book 33 at Page 146 of the
Records of the Johnson County Recorder's Office; Thence S89 °25'05 "E, along said South Line 0.76 feet,
to the Southeast Corner of said Lot 1; Thence N00 °33'48 "E, along said the East Line of said Lot 1, a
distance of 590.74 feet, to the Northeast Corner thereof, and a Point on the Centerline of American
Legion Road SE; Thence S66 °43'53 "E, along said Centerline, 602.89 feet; Thence S23 °16'07 "W, 61.50
feet; Thence Southeasterly, 164.31 feet along a 170.00 foot radius curve, concave Northeasterly, whose
Resolution No.
Page 2
157.99 foot chord bears SO4 °25'14 "E; Thence S32 °06'35 "E, 254.99 feet; Thence Southeasterly 131.15
feet along a 230.00 foot radius curve, concave Southwesterly, whose 129.38 foot chord bears
S15 °46'27 "E; Thence S00 °33'41 "W, 361.88 feet; Thence N89 °26'19 "W, 720.68 feet, to the Point of
Beginning. Said Parcel of 1a11�ontains 15.14 Acres (659,342 square feet), and is subject to easements
and restrictions of record. `�,
2. The City Clerk is hereby authori d and directed to cent' , fi , and record all necessary
documents as required by Iowa law der Section 368.7 P01 3) Ot Owner's expense.
3. Further, the City Clerk is hereby author)
documents for certification of the populatic
the State Treasurer, said population being
Passed and approved this day of
ATTEST:
CITY CLERK
and diKncexed ted to certify and file all necessary
F the territory to Johnson County and
MAYOR
2013.
NOV - 6 2-013
r3
Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5240 (SUB13- 00012)
5h
RESOLUTION NO. 13 -336
RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE WESTWINDS SECOND
ADDITION, IOWA CITY, IOWA.
WHEREAS, the owner, Willowwind Properties, filed with the City Clerk, an application for approval
of the preliminary plat of The Westwinds Second Addition, Iowa City, Iowa; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the preliminary plat and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due
deliberation, recommended acceptance and approval of the plat; and
WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of
the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The preliminary plat of The Westwinds Second Addition, 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 this3rdday ofDecembe2013.
�u
Ap ove
ATTEST: Af
CITY LERK r City Atto ney s ffice //- Z6
It was moved by Mims and seconded by Dickens the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
X
Champion
X
Dickens
X
Dobyns
X
Hayek
X
Mims
X
Payne
X
Throgmorton
s \pcd \sub13 -00012 preliminary plat - resolution.doc
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Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5230 (SUB13- 00022) MEEMENOM
RESOLUTION NO. 13 -337
RESOLUTION APPROVING THE PRELIMINARY PLAT OFLEXINGTON GREEN, IOWA CITY,
IOWA.
WHEREAS, the owner, Parsons Properties, filed with the City Clerk, an application for approval of
the preliminary plat of Lexington Green, Iowa City, Iowa; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the preliminary plat and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due
deliberation, recommended acceptance and approval of the plat; and
WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of
the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
The preliminary plat of Lexington Green, 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 dday OfDecembsV13.
ATTEST: / /gZC ,,/ X • Al w
CITY CLERK
nA,/--�-(A
MAYOR
Approved by
City Attorney's Office
It was moved by Dobyns and seconded by Dickens the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Dickens
X Dobyns
X Hayek
x Mims
Payne
_ x Throgmorton
s \pcd \sub13 -00022 preliminary plat - resolution.doc
Subdivision Item
SUB13- 00022: Discussion of an application submitted by
Parsons Properties for a preliminary plat of Lexington Green,
a 3 -lot, approximately 0.75 -acre residential subdivision
located at 220 Lexington Avenue.
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SITE LOCATION: 220 Lexington Green
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To: Planning and Zoning Commission
Item: SUB13 -00022 Lexington Green
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Robert Miklo and Bailee McClellan,
Planning Intern
Date: November 21, 2013
Applicant: Parsons Properties
123 North Linn Street, Suite 300
Iowa City, IA 52245
(319)337 -9659
cparsons@icialaw.com
Contact: Gary Klinefelter
1131 East Washington Street
Iowa City, IA 52245
(319)337 -9659
cparsons@icialaw.com
Requested Action:
Purpose:
Location:
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:
Preliminary plat approval
Development of a three -lot residential subdivision
220 Lexington Avenue
32,838 square feet (0.75 acres)
Vacant lot (RS -5)
North: Residential (RS -5)
South: Residential (RS -5)
East: Residential (RS -5)
West: Residential (RS -5)
Residential 2 to 8 dwelling units per acre
City Park (NW2)
October 31, 2013
December 15, 2013
The applicant, Parsons Properties, has submitted a preliminary plat for a three -lot, 0.75 -acre
residential subdivision located at 220 Lexington Avenue. A single family house that was located
on this property was recently demolished.
The applicant has indicated that they have not used the Good Neighbor Policy, but have sent
2
letters to neighbors indicating their plans for the subdivision.
ANALYSIS:
Comprehensive Plan, Zoning, and Subdivision Regulations
The Comprehensive Plan future land use map indicates that the property is appropriate for single
family residential uses. The property is currently zoned Low Density Single Family Residential
(RS -5). The RS -5 zone allows single family dwellings on lots that are a minimum of 8,000 square
feet in area with a lot width of at least 60 feet. The proposed lots are 66 to 77 feet wide and are
9,818 square feet to 11,521 square feet in area. They will be similar in size to other lots within the
neighborhood. The preliminary plat appears to be in compliance with the Comprehensive Plan,
Zoning Code and Subdivision Regulations.
Environmentally Sensitive Areas
There is an area containing steep slopes in the northeast corner of the proposed Lot 1. The
slopes are approximately 19 %. Slopes between 18 and 25% are defined as "steep slopes"
according to the sensitive areas section of the Zoning Code. The zoning ordinance requires
that encroachment of construction areas into steep slopes be minimized. Because no
infrastructure is required for this subdivision no grading or disturbance of the slope is proposed.
There are no other regulated sensitive areas present on the property. There are some mature
trees present on the property, but they are not sufficient to constitute a grove as defined by the
sensitive areas regulations. The applicants have indicated that they will take measures to
preserve some of the mature trees, especially the large oaks, as they add value to the lots. But
some of the trees may need to be removed to allow construction of houses.
Traffic Implications
Lexington Avenue is a local residential street. The existing street and the sidewalks in the right -
of -way are already built to city standards. Any sections of sidewalk that are damaged during
house construction will need to be replaced. Each lot will have a curb cut onto Lexington
Avenue. The traffic generated from the net gain of two dwellings on the street will be minimal.
Stormwater
Subdivisions less than 3 acres in area are not required to provide stormwater detention.
However, runoff will need to be managed to assure that stormwater does not damage
neighboring properties.
Neighborhood Open Space
A subdivision of this size requires the dedication of 770 square feet of neighborhood open
space or fees in lieu of. Given the small size of open space required, staff recommends that
fees be paid in lieu of open space dedication. The fee will be equivalent to the value of 770
square feet of property. This requirement will need to be addressed the legal papers for the
final plat.
Historic Protection
The Historic Preservation Commission conducted a study of the Manville Heights Neighborhood
and determined that portions of the neighborhood, including this property, met the requirements
for a National Register Historic District as well as a local historic district. After the study was
presented at neighborhood meetings, the Historic Preservation Commission indicated that they
would pursue the designation of a historic district if neighborhood representatives requested it. But
at this time there are no ordinances in place that would have required review of the removal of the
house from this property or the design of the new houses to be built within this subdivision.
3
Infrastructure Fees
Other than the $395 per acre water main extension fee, there are no development fees that apply
to this subdivision.
The City Engineer has not completed the review of the plat and may identify corrections that will
be needed prior to approval.
STAFF RECOMMENDATION:
Staff recommends approval of SUB13- 00022, a request for preliminary plat approval of a three -
lot, 0.75 -acre residential subdivision located at 220 Lexington Avenue subject of review by the City
Engineer.
ATTACHMENTS:
1. Location Map
2. Preliminary Plat
Approved by: G
Jeff Davidson, Director,
Department of Planning and Community Development
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November 23, 2013
Iowa City Planning and Zoning Commission
Dear Commissioners:
We have resided at 724 Bayard St for 27 years and have been very grateful to be able to live in the
location that we do. We have greatly appreciated the large trees and relatively open spaces which have
been beautiful to our eyes and a home for small and large animals. We have also appreciated the varied
architectural styles among the houses, many which are small and quaint. These homes have attracted
people of varied life- stages, a mix of retired people as well as young families raising children. We live
next to a duplex and are not opposed to rental property or a turnover of residents.
Although we enjoy the variety in our neighborhood, the Lexington Green proposal seems like a large
aberrancy. First, a single lot is being divided into three portions. With a width of 66 to 77 feet, one
anticipates that the houses will be close to one another. If the houses have driveways, then there will be
very little front space for grass and shrubbery. One also wonders about water drainage. With concrete
slabs or basements occupying much of the ground, there will likely be more runoff into the ravine behind
the houses. This may be problematic for the properties on Hutchinson Ave. and the owners of 210
Lexington, and possibly for the local environment.
The developers have emphasized energy efficiency and have used the word "green" in their project's
name. But trees and shrubbery have already been removed. Because trees cannot be planted too close to
the ride of way, it seems unlikely that trees will be replaced that can grow to the height of the oaks which
previously resided on this property.
Finally, in my mind there is a big deviation from the neighborhood norm when property has been
purchased by a developer rather than an individual. Incumbent to the proposed arrangement is that the
developer will be interested in making a profit through a sale. The sub - contactors will aim to please a
business rather than working more directly with the people who have purchased the property. This type
of arrangement detracts the current environment where home owners discuss objectives, solve problems,
and have the freedom to resolve differences as equals. A developer likely already has a legal team and
can afford to press issues through costly litigation, if necessary. This is quite different from the existing
neighborhood esprit.
I grant that many of these arguments are personal and subjective. But subjectivity plays a big role in
establishing an environment where one thrives rather than retreats, shares rather than protects, and builds
hopes rather than worries whether a property holding company will match fidelity of action with the
words of a proposal.
Thank you for considering my concerns. I wish I could have attended the meeting, but I had a prior
teaching obligation.
Sincerely,
Stephen McGowan
PLANNING AND ZONING COMMISSION PRELIMINARY
NOVEMBER 21, — 7:00 PM — FORMAL
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Anne Freerks, Phoebe Martin,
Paula Swygard, Jodie Theobald, John Thomas
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
None
Bob Miklo, Eric Goers
Cindy Parsons, Patricia Koza
RECOMMENDATIONS TO CITY COUNCIL:
The Commission voted 7 -0 to recommend approval of SUB13- 00022, a request for
preliminary plat approval of a 3 -lot, 0.75 -acre residential subdivision located at 220
Lexington Avenue subject to review by the City Engineer.
CALL TO ORDER:
The meeting was called to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
Subdivision Item
SUB13 -00022
Discussion of an application submitted by Parsons Properties for a preliminary plat of
Lexington Green, a 3 -lot, approximately 0.75 -acre residential subdivision located at 220
Lexington Avenue.
Miklo showed a location map of the subject property. He said the property is zoned RS -5 Low
Density Single Family, which allows single family homes to be constructed on lots of at least
8000 square feet and a width of at least 60 feet. He showed images of the subject property and
the neighborhood. He showed a plan of the subdivision and said that all three lots meet the size
requirements. He said the Comprehensive Plan shows the subject property as well as the
surrounding area as being appropriate for low density single family residential. Miklo said the
plat is laid out in accordance with the Subdivision Ordinance. He said unless a preliminary plat
doesn't conform to the City's requirements or there is a health or safety issue, the City is
obligated to approve a conforming proposal.
Miklo said there are steep slopes near the back of the proposed lot #1 but there is no grading
proposed within the steep slopes of this subdivision. He said there are some large trees on the
proposed subdivision site but they aren't large enough to constitute a grove, which is regulated
Planning and Zoning Commission
November 21, 2013 - Formal
Page 2 of 5
by the Sensitive Areas Ordinance. He said the applicants have indicated that they will work with
the City Forester to save as many trees as possible. He said there's a good chance that the
trees on the northern portion of the property will be saved, and it may be possible to save some
of the others.
Freerks asked how far shy it is of a grove. Miklo replied that a grove requires at least ten trees
at least ten inches in diameter, and there are seven trees on this property that meet that size
requirement.
Miklo said the proposed design will require three curb cuts onto Lexington, which should not be
an issue because of the low volume of traffic.
Miklo said a property of this size can't accommodate the City's requirements for open space so
staff is recommending that fees be paid in lieu of and those fees could be used in the nearest
park, which is City Park.
Miklo said this area has been studied by the Historic Preservation Commission and deemed
eligible for the National Register of Historic Properties. He said the Historic Preservation
Committee had a neighborhood meeting three years ago to discuss a historic district in this
area, but due to some property owner opposition no steps were taken for historic district status,
so at this time no Historic Preservation requirements apply to the subject property.
Martin asked what the fees are for the green space. Miklo replied that they would be the
equivalent of the value of 770 square feet, based on an appraisal or the price of the property.
Eastham asked if the sidewalk will be maintained as the subject property is developed. Miklo
said it would have to be maintained or replaced to City standards if it is damaged during
construction. Eastham said since storm water detention is not required on the subject property
can the City make sure that any increased storm run -off be directed toward the street. Miklo
said that can be done by the way the gutters are routed, but for developments of this size, run-
off is usually insignificant.
Freerks opened public discussion.
Cindy Parsons, one of the applicants, said she's here to answer questions or address concerns.
Martin asked if there will be requirements for what type of housing needs to be on those lots.
Parsons said there is nothing definite decided, but most likely the three houses will be built to be
compatible with the neighborhood.
Patricia Koza of 209 Lexington Street said during demolition of the house formerly on this lot,
the sidewalk was unusable and people had to walk in the street. She asked if during demolition
and construction an alternative sidewalk has to be provided. Miklo said he did not believe so,
but if there is concern staff can work with the applicant to see that the sidewalk closure is
minimized during construction.
Koza said that trees were removed on the subject property so that they no longer constitute a
grove. Miklo replied that owners of single family houses can remove trees, and that is not
regulated.
Freerks asked Parsons if there were trees removed in the grove area. Parsons replied that she
didn't think there was a grove area as defined in the Code.
Planning and Zoning Commission
November 21, 2013 - Formal
Page 3 of 5
Freerks closed public discussion.
Eastham moved to recommend approval of SUB13- 00022, a request for preliminary plat
approval of a 3-lot, 0.75 -acre residential subdivision located at 220 Lexington Avenue
subject to review by the City Engineer.
Thomas seconded.
Eastham said that the Commission's review of applications for subdivisions is limited to ensure
that the proposed use and lot areas meet the zoning requirements, and all that appears to be in
order in this case. He said there appear to be no requirements that are imposed by the storm
water management or other City codes.
Thomas said he's concerned about the definition of a grove and the possibility that trees were
removed during the demolition of the house. He said he doesn't like to hear that actions have
been taken to try and skirt the City's regulations. Miklo said he's looking at a plat that shows the
subject property before the house was removed, and it doesn't look like there were enough
trees greater than ten inches in diameter to constitute a grove. He added that if there had been
a grove, the Ordinance encourages the retention of as many trees as possible, but doesn't
require it.
Eastham asked if there are trees that meet the definition of a grove on a property, do the
Ordinances prohibit the issuance of a demolition permit and allow the property owner to remove
enough trees so there's no longer a grove as defined by the Ordinance. Miklo said if someone
owns a single family lot, which the subject property is, and it has a grove of trees, there is
nothing that prevents the owner from taking that grove down. He said, though, that if you have a
development site and propose a subdivision, then you are not allowed to remove the trees
without going through the review process. He said based on the information, he doesn't think
that is the case here because the trees didn't constitute a grove. Miklo said if it's done with the
intention of developing the site and it's a vacant site, then the Ordinance does apply.
Eastham said the way the ordinances exist now, an owner could sell property to a buyer who as
a condition of the purchase requires the owner to remove a grove of trees. He said he wasn't
talking about this particular instance.
Freerks said she does think that is something for the Commission to discuss. She told the
applicant that she thinks it's in their best interest to keep the trees that are such an asset to the
neighborhood and will make the lots more desirable. She said if the neighborhood and the
community are interested, they should pursue historic preservation and contact the City
because this is something that will probably continue to occur in this and other neighborhoods
where there are large lots scattered in desirable areas. She said she thinks it's up to the
neighborhood to say that they want to have something done about that. She said this
application complies with all the zoning standards, and she will be voting in favor.
A vote was taken and the motion carried 7 -0.
Consideration of Meetino Minutes: November 7, 2013
Eastham moved to defer the minutes.
Theobald seconded.
Planning and Zoning Commission
November 21, 2013 - Formal
Page 4 of 5
A vote was taken and the motion carried 7 -0.
OTHER
ADJOURNMENT:
Dyer moved to adjourn.
Swygard seconded.
The meeting was adjourned on a 7 -0 vote.
Prepared by: Kumi Morris Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044
RESOLUTION NO. 13 -338
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CITY
PARK POOL ADA RENOVATIONS 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;
and
WHEREAS, funds for this project are available in the City Park Masterplan and Pool Upgrade
account # 4321.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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.
2. The amount of bid security to accompany each bid for the construction of the above -
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not
more than 45 days before the date for filing the bids, 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.
4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa,
at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 19th day of
December, 2013. At that time, the bids will be opened by the City Engineer or his
designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for
action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall,
City Hall, Iowa City, Iowa, at 7:00 p.m. on the 7th day of January, 2014, or at a special
meeting called for that purpose.
Passed and approved this 3rd day of December , 20_13 .
rjf �
MAYOR
ATTEST: P�
CITY tERK
pwenglmasterstres appp &s.doc 11/13
pKoved by Cltt l tr--Z� l3
City Attorney's Office
6
Resolution No. 13 -338
Page 2
It was moved by Payne and seconded by Mims the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
12-03-17'
7
Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 - 319 - 356 -5041
RESOLUTION NO. 13 -339
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 § 364.13B 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 as stated in Exhibit A
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 January
9, 2014.
Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City,
Iowa. Until January 9, 2014 payment may be 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.
Res. No. 13 -339
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 3rd day of December '2013.
Mayor
ATTEST: 9f
City erk
Approved by
City Attorney /s Office
It was moved by rums and seconded by Throgmorton the Resolution be
adopted, and upon roll call there was:
AYES:
x
x
x
x
x
x
x
sue \Ord &Res\AbateRes.doc
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
Properties To Be Assessed - January 2014 ,�xh) �j t F( Page 1
CITY OF IOWA CITY ASSESSMENT SCHEDULE OF UNPAID WEED REMOVAL, SIDEWALK REPAIR, SNOW REMOVAL, STOP BOX REPAIR, AND PROPERTY CLEANUP
Property Address Legal Description Parcel Number I Appraised Value lProperty Owner _I Service(s) Rendered I Date of Service(s) I Cost of Service I Invoice # I Balance Outstantling
619 3RD AVE ' CITY LOT 3 BLK 23 1014114006 $121,220.00 AHRENS, PHILIP G WEED REMOVAL 512412013 $135.00 25351 $135.00
3032 WAYNE AVE
VILLAGE GREEN ADDITION PART 1 ELY
1013426055
$131,880.00
DAUSENBERGER, LAURIE M
WEED REMOVAL
5/31/2013
$147.00
25350
$147.00
35' LOT 55 & WILY 30' LOT 54
DAVIS, AMBER R
2158 RUSSELL DR
HOLLYWOOD MANOR ADDITION PART
1023282005
$154,170.00
DAVIS, CHARLES D III
W6/18/2013
6/28/2013
$195.00
25595
$195.00
5 LOT 212
DAVIS, AMBER R
43 REGAL LN LAKESIDE ADDITION LOT 93 1023408021 $110,650.00 FINLEY, JEREMIAH WEED REMOVAL 6111/2013 $235.00 25346 7
803 RIDER ST
CHAUTAUQUA HEIGHTS ADDITION N
1009283001
$204,270.00
GQLDSBOROUGH, THOMAS C
WEED REMOVAL
6/28/2013
$195.00
25596
S795.00
1517 LOT 18 BLK7
GOLDSBOROUGH, MARCIA M
1966 DELWOOD DR
MOUNT PROSPECT ADDITION PART 4
1023130004
$134,320.00
SUSAN E
SNOW REMOVAL
2125 12013
$135.00
24584
$135.00
LOT 218
JKLINE,
1968 HANNAH JO CT
VILLAGE GREEN SOUTH - PART 4A
1024176003
$122,270.00
LOVELESS, CHAD S
WEED REMOVAL
6/612013
$195.00
25348
$195.00
LOT 47
LOVELESS, KATHERIN N
1313 E DAVENPORT ST
PLEASANT PLACE ADDITION LOT 1 BL
1011281001
$138,200.00
MEESTER, JON DAVID
WEED REMOVAL
7/2312013
$405.00
25598
$405.00
1 & INCL ALL OF ALLEY ABUTTING S
MEESTER, TAMMARA JO
SIDE OF LOT & INCL S V2 OF E 14.4'
ABUTTING N SIDE OF LOT 10 BLK t
Properties To Be Assessed - January 2014
Page 2
Property Address
lLeqal Description
Parcel Number
Appraised Value
Property Ovmer
Service(s) Rendered
Date of Sorvice(s)
Cost of Service
Invoice #
Balance Outstanding
729 N DUBUQUE ST
IOWA CITY (ORIGINAL TOWN) OU I LOT
1010203001
$698,580.00
PHI DELTA THETA HOUSE
SNOW REMOVAL
2125/2013
$195.00
25343
7
33 EXC S 170' & S 35' OUTLOT 34 & PT
ASSOC OF IOWA CITY
24585
$195.00
OF VACATED BROWN ST DESC IN BK
870 PG 141 & INCL PT OF VACATED
BROWN ST W OF DUBUQUE ST DESC
IN BK 137 PG 23 &3K 151 PG 249
2107 F ST TEK ST IOWA CITY LOT 3 BLK 15 1014193005 $121,610.00 ROBERTSON, GAYLE WEED REMOVAL 6119/2013 $225.00 25342 $225.00
2107 F ST EAST IOWA CITY LOT 3 BLK 15 1014193005 $121,610.00 ROBERTSON, GAYLE WEED REMOVAL 8/22!2013 $225.00 26161 $225.00
1703 E COLLEGE ST
MORNINGSIDE ADDITION LOT t BLK 3
10114550061
$127,290.00
ISASSO, SPENCER
NOVAK, CHRISTINE
SNOW REMOVAL
1!7/2073
$160.00
24144
JOAKWOODS
238
SASSO, GARY M
25343
7
1703 E COLLEGE ST
ADDITION LOT 1 BLK 3
10114550061
$127,290.00
SASSO, SPENCER
SNOW REMOVAL
212512013
$135.00
24587
JOAKWOODS
238
NOVAK CHRISTINE
25343
5135.00
IMORNINGSIDE
SASSO, GARY M
214 OBERLIN ST
OAKWOODS ADDITION PART 6 LOT
1012402001
$152,360.00
STEPHENS, GREG A
SNOW REMOVAL
3!7!2013
5170.00
24564
JOAKWOODS
238
25343
$170.00
214 OBERLIN ST
ADDITION PART 6 LOT
1012402001
$152,360.00
STEPHENS, GREG A
WEED REMOVAL
6113/2013
$220.00
JOAKWOODS
238
25343
$220.00
Properties To Be Assessed - January 2014 Gx 1_ % /_ / ^� Page 1
CITY OF IOWA CITY ASSESSMENT SCHEDULE OF UNPAID WEED REMOVAL, SIDEWALK REPAIR, SNOW REMOVAL, STOP BOX REPAIR, AND PROPERTY CLEANUP
m
619 3RD AVE EAST IOWA CITY LOT 3 BLK 23 1014114006 $121,220.00 AHRENS, PHILIP G WEED REMOVAL 5/24/2013 $135.00 351 $135.00
1506 TOFTING AVE HOLLYWOOD MAN -PART 8 LOT 59 1023309002 $202,700.00 BRENNEMAN -WAKE, SUSAN LYN SNOW REMOVAL 1/2012 $135.00 24163 $135.00
1342 OAKES DR DEAN OAKES FIRST ADDITION LOT 3 1002211005 $245.120.00 CAREY. RYAN T SN REMOVAL 2/25 /2013 $125.00 24581 $125.00
922 KIRKWOOD AVE
WILSON & LANTZ ADDITIONS 100' OF E
1015190009
5184,
OPE NS LLC
SNOW REMOVAL
1/3 /2013
$170.00
24155
$170.00
-
80' LOTS 3 & 4
a.:
DAVIS, AMBER R
3032 WAYNE AVE
VILLAGE GREEN ADDITION PART I ELY
1013426055
$1 ,880.00
DAUBENBERG LAURIEM
WEED REMOVAL
5/31/2013
$147.00
25350
$1
-
35' LOT 55 & WLY 30' LOT 54
DAVIS, AMBER R
2158 RUSSELL DR
OD MANOR ADDITION PART
1023282005
$154,170.00
DAVIS. CHARLES D III
WE REMOVAL
6/18/2013
$195.00
25595
$195.00
-
TOTY212
DAVIS, AMBER R
43 REGAL LN LAKESIDE ADDRIO T 93 1023408021 $110,650.00 FINLEY, JEREMIAH WEED REMOVAL 6/11/2013 $235.00 25346 $235.00
803 RIDER ST
CHAUTAUQUA HEIGHTS ADDITION N
1009283001
$204,270.00
GOLDSBOROUGH, THOMAS C
WEED REMOVAL
6/28/2013
5795.00
25596
5795.00
-
151.7' LOT 18 BLK 7
GOLDSBOROUGH, MARCIA M
Properties To Be Assessed - January 2014
Page 2
Properly Address
lLeqal Description
Parcel Number
I Appraisetl Value
Prope Owner
Service(s) Rendered
Date of Services)
Cost of Service
Invoice #
Balance Outstantlin
1103 HOLLYWOOD BLVD
HOLLYWOOD MANOR ADDITION PART
1023234002
$128,010.00
KID LIMITED
SNOW REMOVAL
212512013
$135.00
24579
5135.00
1 PARCEL 49 -A OF LOT 4 AS DESC IN
ABUTTING N SIDE OF LOT 70 BLK 1 IK
SURVEY SK 21 PG 20
BROWN ST W OF UBUQUE ST DESC
1966 DELWOOD DR
OUNT PROSPECT ADDITION PART 4
1023130004
$134.320.00
KLINE, SUSAN E
SNOW REMOVAL
3/7/2013
$ .00
24567
520.00
LOT 218
L T278
TAMMARA JO
LOVELESS, KATHERIN N
MALLOY, ARJORIE R
7
SIDE OF LOT & INCL S 1/2 OF E 14.4'
t 966 DELWOOD DR
MOUNT PROSPECT:: DITION PART 4 1023130004
S134,320.00
KLINE, SUSAN E
SNOW REMOVAL
2/25/2073
$735.00
24584
$135.00
$725.00
LOT 218
BLK 13
TAMMARA JO
LOVELESS, KATHERIN N
MALLOY, ARJORIE R
7
N11 z
1968 HANNAH JO CT
VILLAGE GREEN SOUTH - PART 4A
1 024 7 760 0 3
$122,270.00
LOVELESS, CHAD S
D REMOVAL 6/6/2013
$195.00
25348
24168
$725.00
LOT 47
BLK 13
TAMMARA JO
LOVELESS, KATHERIN N
MALLOY, ARJORIE R
7
z
713 RONALDS ST
IOWA CITY (ORIGINAL TOWN) LOT 3
1010111003
$192, 0.00
MALLOY, EU NE D
SNOW REMOVAL
1/70/2013
$125.00
24168
$725.00
t & INCL ALL OF ALLEY ABUTTING S
BLK 13
TAMMARA JO
ASSOC OF IOWA CITY
MALLOY, ARJORIE R
SIDE OF LOT & INCL S 1/2 OF E 14.4'
713 RONALDS ST
IOWA CITY (ORIGINAL TOWN) LOT 3
1010111003
$192, .00
MALLOY, E ENE D
SNOW REMOVAL
2/5 /2013
$135.00
24225
$135.00
t & INCL ALL OF ALLEY ABUTTING S
BLK 13
TAMMARA JO
ASSOC OF IOWA CITY
MALLOY, MAR IE R
SIDE OF LOT & INCL S 1/2 OF E 14.4'
t 313 E DAVENPORT ST
PLEASANT PLACE ADDITION LOT t BLK
10 281001 $138,200.00
STER, JON DAVID
ED REMOVAL
7/2312013
$405.00
25598
$405.00
t & INCL ALL OF ALLEY ABUTTING S
TAMMARA JO
ASSOC OF IOWA CITY
SIDE OF LOT & INCL S 1/2 OF E 14.4'
FEESTER,
ABUTTING N SIDE OF LOT 70 BLK 1 IK
729 N DUBUQUE ST
IOWA CITY (ORIGINAL TOW 0 U T O
1010203001
$698,580.00
PHI DELTA THETA HOUSE
SNOW REMOVAL 2/25 /2013
$795.00
24585
$195.00
33 EXC S 170' &S 35'OU T34&PT
ASSOC OF IOWA CITY
OF VACATED BROWN DESC IN BK
870 PG tot & INCL P OF VACATED
BROWN ST W OF UBUQUE ST DESC
IN BK 737 PG & BK 151 PG 249
2107 F ST EAS OWA CITY LOT 3 BLK 15 1014793005 $721,610.00 T ERTSON, GAYLE W617912013 $225.00 25342 $225.00
Properties To Be Assessed - January 2014
Page 3
Property Address
Legal Description
Parcel Number
Appraised Value
Property Owner
Service(s) Renderetl
Date of Services)
Cost of Service
Invoice #
Balance Outstandin
2107 F ST
EAST IOWA CITY LOT 3 BLK 15
1014193005
5121,610.00
ROBERTSON, GAYLE
WEED REMOVAL
8/22/2013
$225.00
26161
$22
1703 E COLLEGE ST
MORNING E ADDITION LOT 1 BLK 3
101145513061
$127,290.00
JSASSO,SPENCER
SNOW REMOVAL
117/2013
0.00
24144
$160.00
238
NOVAK, CHRISTINE
SASSO, GARY M
7703 E COLLEGE ST
MORNINGSIDE ADDITION LOT 1 6 3
1011455006
$127,290.00
GREG A
NOW REMO SVAL
2/25 /2013
$135.00
24587
$170.00
238
OVAK CHRISTINE
[ASSO,SPENCER
ASSO, GARY M
214 OBERLIN ST
OAKWOODS ADDITION PART 6 LOT
101240200
$152,360.00
GREG A
SNOW REMOVAL
3!712013
$170.00
24564
$170.00
238
FHENS,
Z'
214 OBERLIN ST
OAKWOODS ADDITION PART 6 LOT
1012402001
$152,360.00
PHENS, GREG A
WEED REMOVAL
6/13/2013
$220.00
25343
$220.00
238
November 26, 2013
Name
Address
City, State, ZIP
Dear Property Owner:
_,!• — 1
`� R4
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
This is to notify you that the City Council will be considering a resolution on December
3, 2013 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.
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 -5043.
Sincerely,
Marian K. Karr
City Clerk
Enc.
Copy to: Accounting Division- w /enc.
Prepared by: Sarah E. Holecek, 1" Asst. City Attorney, 410 E. Washington St., Iowa City, IA, 52240 (319) 356 -5030
RESOLUTION NO. 13 -340
RESOLUTION REDUCING CURRENT STAFFING LEVELS IN THE IOWA CITY
HOUSING AUTHORITY DIVISION OF THE HOUSING AND INSPECTION SERVICES
DEPARTMENT BY LAYOFF /SUSPENSION OF ONE FULL -TIME HOUSING
PROGRAM ASSISTANT POSITION AND LAYOFF /SUSPENSION OF ONE HOUSING
ASSISTANT POSITION
WHEREAS, Iowa's Civil Service law, specifically section 400.28, provides that when the public interest
requires a diminution of employees, the city council may reduce the number of employees by suspending
the necessary number; and
WHEREAS, the Iowa City Housing Authority has experienced a significant decline in revenue due to
"Sequestration" of federal funding, and, notwithstanding the implementation of other cost cutting
measures, the Housing Authority's budget cannot be balanced without staff reductions; and
WHEREAS, through their calculations and to balance their budget, the Iowa City Housing Authority
recommends that it is in the public interest to reduce current staffing through the layoff /suspension of one
full -time housing program assistant position and through the layoff /suspension of one housing assistant
position, effective February 19, 2014; and
WHEREAS, pursuant to Iowa's Civil Service Law (Iowa Code Chapter 400) and the current AFSCME
collective bargaining agreement, the positions affected will be reduced based on seniority and will retain
preference in future hiring for at least three (3) years; and
WHEREAS, the City Council finds, based on the budgeting information of the division, it is in the public
interest to accept the recommendation of the Iowa City Housing Authority and Housing and Inspections
Department Director to balance the division budget by reducing staff.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT:
It is in the public interest that the current staffing levels in the Housing Authority Division of the
Housing and Inspections Department be reduced by layoff /suspension of one full -time housing
program assistant and layoff /suspension of one full -time housing assistant position indefinitely,
effective February 19, 2014.
The affected positions shall be reduced based on seniority in accord with the current AFSCME
bargaining agreement and shall retain preference in hiring in future hiring pursuant to Iowa Code
Chapter 400.
Passed and approved this 3rd day of December , 2013.
MAYOR
ATTEST: / z -
CITY C��
�
,�►.i
_
jW
r:
Resolution No. 13 -340
Page _2
It was moved by Mims and seconded by Champion the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Champion
x
Dickens
x
Dobyns
x
Hayek
x
Mims
x
Payne
x Throgmorton
Date: November 20,
To: Tom Markus,
CITY OF IOWA CITY
MEMORANDUM
From: Douglas Boothroy, Dii
Housing Administrator
Re: Iowa City Housing Authorityh$taff Red
a
:�-'> c
Inspection Services and Steven J. R
The Housing Authority has experienced a significant decline in revenue due to "Sequestration" of
federal funding. In response to this revenue shortfall, staff has given careful consideration to cutting
expenses in every area of the Housing Authority's operations. However, in order to balance the
Housing Authority's 2014 budget, deeper budget cuts are necessary and regrettably this will result in
reducing the Housing Authority's staffing by two full -time positions. This staff reduction is to be done
through layoffs and the layoffs should be considered indefinite in duration. These layoffs are not
related to job performance and will be accomplished in accord with the City's collective bargaining
agreement; in other words, by position and seniority.
BACKGROUND
These are difficult financial times for the Housing Authority. Federal "Sequestration" and the
uncertainty of future federal funding have negatively impacted the Housing Authority's financial well
being. The Section 8 administrative revenue is down 30 %, public housing operating subsidy is down
18 % and the Section 8 voucher funding is down 6 %. These are dramatic reductions in revenue.
Based on conversations with HUD officials, the restoration of this funding will not happen in 2014 and
is unlikely in 2015.
In anticipation of reduced funding, the Housing Authority this past year reduced staffing by one full -
time position through employee attrition. Also, the maximum amount of public housing funds that
can be used to support to the Section 8 administration were charged against the Public Housing
Program. Every cost cutting measure has been considered with significant cuts budgeted. However,
these measures are not enough to balance the Housing Authority's budget. This is because the vast
majority of the Section 8 administrative budget is made up of personnel costs and because the
"Sequestration" cuts are so significant (30 %) that the only way to balance the budget (and it must be
balanced) is through staff reductions.
The subject of layoff is extraordinarily stressful for everyone. While layoffs affect those who lose
their jobs, it also affects the employes that remain, who will do more with less and their ability to
provide the level of services expected by the public. Under these difficult times, our goals are to
support staff and,:to keep the Housing Authority running as smoothly and as effectively as possible.
RECOMMENDATIONS
Due to the lack of adequate federal funding to support the current level of staffing in the Housing
Authority's Section 8 Program, it is recommended that Council approve the resolution laying off two
full -time positions (i.e., Housing Program Assistant and Housing Assistant) effective February 19,
2014. These layoffs will be Indefinite in duration. Under Civil Service Law, Council action is
necessary to reduce the number of employees in the affected positions through non- disciplinary
suspension(layoffs). These employees will retain Civil Service preference in hiring for three years.
Finally, the dedication, hard work and contribution these employees have made to the Housing
Authority and the City during their employment is deeply appreciated. This layoff in no way reflects
negatively on these employees.
N
Marian Karr
From:
Tom Markus
Sent:
Tuesday, December 03, 2013 11:23 AM
To:
Marian Karr
Subject:
FW: Civil service requirements for reduction of personnel
Please include in late delivery.
From: Sarah Holecek
Sent: Tuesday, December 03, 2013 11:04 AM
To: Tom Markus
Cc: Eleanor M. Dilkes; Karen Jennings; Doug Boothroy
Subject: Civil service requirements for reduction of personnel
UY
Tom has asked for a written opinion as to why the matter of suspending /laying off the Housing
Authority employees is going to CC; here is my explanation:
Pursuant to Iowa Code Section 400.28(1), "when the public interest requires a diminution of
employees in a classification or grade under civil service, the city council, acting in good faith, may
do either of the following:
a) Abolish the office and remove the employee from the employer's classification or grade
thereunder.
b) Reduce the number of employees in any classification or grade by suspending the necessary
number."
Under Section 400.28(2), when reducing the number of employees through removal or suspension,
the persons suspended or removed shall be those having seniority of the shortest duration; this is
also consistent with the CBA. Finally, under the civil service law and the CBA, the positions will retain
preference in future hiring for at least three years.
The reference to the civil service law (Chapter 400) and CBA regarding City Council action and the
retention of preference for rehiring under the CBA and CS is also included in the Resolution that is
going to City Council.
I hope this better helps explain why the matter is proceeding to CC.
Sarah
a
Prepared by: Stefanie Bowers, Equity Dir., 410 E. Washington St., Iowa City, IA 52240 319.356.5022.
RESOLUTION NO. 13 -341
RESOLUTION ALLOCATING FUNDING FROM NOVEMBER 15, 2013 THROUGH
JUNE 30, 2014 FOR THE FAS TRAC PROGRAM.
WHEREAS, Diversity Focus in a letter dated November 21, 2013 requested $15,000 from the City of
Iowa City for salary, fringe benefits and equipment expense for a part time employee; and
WHEREAS the funding request would be used to transition the FasTrac Cultural & Diversity
Awareness Program from Mayor's Youth Empowerment Program to Diversity Focus; and
WHEREAS, the General Fund Contingency could be used to cover the requested amount.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. Funding of $15,000 is awarded subject to Diversity Focus becoming fiscal agent of
FasTrac and a letter of agreement between the City of Iowa City and Diversity Focus is
signed that outlines the structure, operations, and reporting mechanism for the funds.
2. The City Manager is hereby authorized to execute a letter of agreement between the City
of Iowa City and Diversity Focus.
Passed and approved this 3rd day of December , 2013.
MAYOR
Approved by
ATTEST: 2 7e. -eZit/ I
CITY LERK City Attorney's Office
It was moved by Mims and seconded by Dickens the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Dickens
X Dobyns
X Hayek
X Mims
_ X Payne
X Throgmorton
1127777�
CITY OF IOWA CITY 9
MEMORANDUM
Date: November 26, 2013
To: Tom Markus, City Manager
From: Stefanie Bowers, Equity Director
Re: Request to Fund FasTrac Cultural & Diversity Awareness Program thru FY 14.
Introduction: Diversity Focus is currently working with Mayor's Youth Empowerment Program to
assume the role of fiscal agent for the FasTrac Cultural & Diversity Awareness Program
(hereinafter "FasTrac "). Mayor's Youth Empowerment Program is the current fiscal agent for
FasTrac. The FasTrac program was ended on November 15th due to lack of funding. Diversity
Focus in a letter dated November 21, 2013 is requesting funding from the City of Iowa City (see
attachment) in the amount of $15,000 to transition FasTrac with the least amount of disruption.
The $15,000 would be used to cover salary, fringe and equipment expense for a part-time
employee from November 15, 2013 through June 30, 2014. The funds would not be used to
cover any non - program administrative fees.
History/Background: FasTrac has been in operation in Iowa City since December 3, 2007.
FasTrac is a support program for high school students to assist with their academic
performance, community involvement, social growth, identity, and preparation for college. The
students involved in FasTrac represent minority and low- income students in Iowa City. Students
who participate in FasTrac have a 100% graduation rate and have been more likely to
participate in secondary education. FasTrac has been recognized both at the local and state
level (see attachment) as a program that has served and impacted hundreds of youth in Iowa
City. At the time the program ended, FasTrac had more than 100 students from all ethnic
backgrounds ranging in age from 4`h grade to 12"' grade.
Discussion of Solutions: The City Council can review the request from Diversity Focus.
Financial Impact: The General Fund Contingency is used each year to cover
unanticipated /unbudgeted expenditures that are not being covered by an additional funding
source. The City could use the General Fund Contingency to cover the request.
Recommendation: Staff recommends the approval of the request by Diversity Focus subject to:
1) Diversity Focus becoming the fiscal agent for FasTrac; and 2) a signed letter of agreement
between the City of Iowa City and Diversity Focus. The letter of agreement shall set forth the
structure, operations, and reporting mechanism for the funds.
Encl. (2)
November 21, 2013
Thomas Markus
City Manager
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
Dear Tom,
0 DIVERSITY
9FOCUS
Diversity Focus is working with the Mayor's Youth Empowerment Program, to assume the role of
fiscal agent for the FasTrac Cultural & Diversity Awareness Program, founded by Henri Harper. In
order to transition the program with minimal service interruption, Diversity Focus is requesting
$15,000 from the City of Iowa City to cover salary, fringe and equipment expense for a part-time
employee. The funds would be used to cover expenses from November 15, 2013 through June
30, 2014, but would not be used to cover any non - program administrative fees.
Diversity Focus believes the FasTrac program is a critical community asset that helps retain
talent. The goal of the program is to focus on each student's individual strengths and successes
by bringing the FasTrac support system (students, parents, teacher advisors, community
mentors, community advisors) together to understand the goal of educating and preparing
students for their future. This is a unique opportunity to leverage Diversity Focus' organizational
capabilities to maintain continuity, improve efficiency and grow capacity of this program as it
moves into it's seventh year.
Diversity Focus' goal is to address long -term systemic challenges that have negatively impacted
our region. In February 2014, Diversity Focus will present an additional request for financial and
facility support for fiscal year 2015. The proposal will include solutions that will address
concerns raised by City Council members, community leaders, and the Iowa's Creative Corridor
Community Survey.
Please partner with us to help retain talent by making Iowa City, Johnson County, and Iowa's
Creative Corridor one of the best places to Live, Work and Play.
With sincere thanks,
Chad D. Simmons, MBA, SPHR, GPHR
Executive Director
Diversity Focus
csimmons(aD-diversityfocus.org
www.diversityfocus.org
(0) 319.363.3707
(M) 319.248.5593
cc: Stefanie Bowers
222 2nd Street SE Cedar Rapids, Iowa 52401
p: 319.363.37071 diversity@diversityfocus.org I www.diversityfocus.org
( , VOL. J3, ISSUE 4, FALL 1 2013
10WA(;1q10T
The Newsletter of the African American Museum of Iowa
.1.
�y4
�h ,A
V
4
.�
Elaine Este
i
S
History Maker Henri Harper (4th from left), poses with a few of his FasTrac students and AAMI
Executive Director, Michael Kates, (far right) at the 2013 History Makers Gala
«� <Iff1r� Z�rllee ?J
Special Award
Recipients pg. ll
LaSheila Yates
Thomas Moore