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HomeMy WebLinkAbout2013-12-17 ResolutionPrepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 13 -343 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE LISTING AGREEMENT WITH LEPIC - KROEGER REALTORS FOR THE NORTH AIRPORT SUBDIVISION TO EXTEND THE TERM FOR ONE YEAR. WHEREAS, in Resolution No. 12 -15, the City Council approved a listing agreement ( "Listing Agreement ") among the Airport Commission, the City Council, and Lepic- Kroeger Realtors to sell and lease the property known as the North Airport Subdivision, aka Aviation Commerce Park; WHEREAS, the Listing Agreement will terminate on December 31, 2013; and WHEREAS, it is in the best interest of the City of Iowa City to amend to the Listing Agreement to extend the term for one year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Mayor is authorized to sign and the City Clerk to attest to the attached Amendment to Listing Agreement. Passed and approved this 17th day of December , 2013. LTA ITI IV] •- ATTEST: 2??,Y� CITY-CLERK Approved City Attorney's Office 3d 1 Resolution No. 13 -343 Page 2 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 AMENDMENT TO LISTING AGREEMENT This is an amendment to the Listing Agreement made and entered into among Lepic - Kroeger Realtors ( "Agent"), the City of Iowa City, a municipal corporation, ( "Owner "), and the Iowa City Airport Commission ( "Commission ") on November 28, 2013 ( "Listing Agreement ") in Iowa City, Iowa. thereof WHEREAS, the parties wish to amend the Listing Agreement to extend the term by one year. THEREFORE, the parties agree to amend the Listing Agreement as follows: Paragraph 5 is deleted in its entirety and the following new Paragraph 5 is substituted in lieu 5. TERM. The term of this Agreement and Agent's employment, right and authority shall be from the date of execution through December 31, 2014. All other terms of the Listing Agreement, not inconsistent with this amendment, remain in full force and effect. CITY OF IOWA CITY Mathew J. Hayek, Mayor Attest: 2,j -�P- 7o� Marlon K. Karr, City Clerk THE I �CITIRPORT SION oward Horan, Ch ' erson CITY ACKNOWLEDGMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this % —Mday of a QtM. .!' , 2013, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Mathew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Approved by City Attorney's Office lZe f 6- e— /�.- -ZZ44c, Notary Public in and for the State of Iowa ^` s KELLIE K. TUTTLE — n' °.?� Commission Number 221819 1 My Co ssio Expires 2 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 13 -344 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A GRANT AGREEMENT WITH THE DEPARTMENT OF NATURAL RESOURCES FOR THE IOWA RIVER RESTORATION /BURLINGTON STREET DAM MODIFICATION PROJECT. WHEREAS, the Iowa Department of Natural Resources (DNR) has awarded the City a $50,000 grant to assist with the design for the modification of the Burlington Street dam; and WHEREAS, modification will enhance the safety the Iowa River, increase the recreational use, and help the environment; and WHEREAS, it is the City's interest to enter into a grant agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is authod2ted to sign the Cooperative Grant Agreement (LHDP Grant #14 -02 97735401) for Low -Head Dam Safety Program and amendments as needed. Passed and approved this 17th day of December _'2013. Ap ysd b ATTEST:. k a-� M C 3 CIT�RK City Attorney's Office Resolution No. 13 -344 Page _ 2 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton I! - CITY OF IOWA CITY 3a(2) ..,:r._ MEMORANDUM - Date: December 9, 2013 To: Tom Markus, City Manager From: Steve Long, Community Development Coordinator Re: Council Resolution for Additional Grant Funds for Iowa River Restoration/ Burlington Street Dam Modification Project Introduction The Iowa River is ideally located to benefit from initiatives to repair and enhance the riverfront. In particular, the efforts in the Riverfront Crossings area include flood mitigation, public safety, habitat restoration and new recreation opportunities in this under - utilized area in close proximity to Iowa City's downtown core. Public safety is a chief concern as the Iowa River connects the east and west side of the University of Iowa campus and its 31,000 students and more than 20,000 employees. Thousands of people walk or bike daily just above or adjacent to the 12' roller dam below the Burlington Street bridge. History In 2012, the City received grants from the Environmental Protection Agency, the Iowa Great Places program and the Iowa Department of Natural Resources (DNR) Low -Head Dam Safety program in addition to funding from the City for the engineering and design necessary to modify the Burlington Street Dam. The modification will address public safety concerns, improve riverbank stability, create fish passage, improve fish habitat, and create education and recreation opportunities. On February 28, 2013, the City signed an agreement with McLaughlin Whitewater Design Group to be the lead engineering and design consultant. The cost for the engineering and design phase is $360,140. The engineering and design phase includes public meetings, permitting and construction documents. After extensively studying the area around the Burlington Street Dam it was determined that the proposed recreation portion of the project would have too great of an impact on the floodplain in the area near the dam. The focus of the recreation portion of the project has now shifted south to the area roughly between the Benton Street bridge and the Highway 6 bridge. Due to the shift in the location, there will be increased engineering and design costs. Discussion of Solutions To cover the increased costs, the City applied for additional funds from the 2013 Iowa DNR Low -Head Dam Safety Program. The City was successful in obtaining $50,000 in additional funds. It is anticipated that the additional funds from the DNR will cover the potential increased costs. Recommendation Staff recommends that the City Manager sign the grant agreement with the Iowa DNR. Prepared by: Sarah E. Holecek, 151 Asst. City Attorney, 410 E. Washington St., Iowa City, IA, 52240 (319) 356 -5030 RESOLUTION NO. 13 -345 RESOLUTION AMENDING THE 2011 PERSONNEL POLICIES BY AMENDING SECTION 9, "PERSONNEL TRANACTIONS ", SUBSECTION F, "FAIR LABOR STANDARDS ACT (FLSA) CLASSIFICATION ", BY CHANGING THE WORK CYCLE FOR NON - EXEMPT POLICE OFFICERS FROM A 28- DAY /171 HOUR WORK CYCLE TO A 14 DAY 186 HOUR WORK CYCLE WHEREAS, Resolution Number 11 -350 adopted the Iowa City Personnel Policies on November 1, 2011; and WHEREAS, notwithstanding attempted re- coding, the imminent implementation of the MUNIS Payroll module of the new software system requires that the Fair Labor Standards Act (FLSA) cycle used to calculate federally mandated overtime for non - exempt police officers be amended from a 28 day /171 hour work cycle to a 14 day /86 hour work cycle under the coding contained within the payroll module of the software to properly calculate required overtime pay; and WHEREAS, FLSA cycles for non - exempt City employees are established in the City's Personnel Policies; and WHEREAS, the City's Personnel Policies must be amended to change the designated FLSA cycle for non - exempt Police Officers to match that of the payroll module of the MUNIS software, amending the cycle from a 28 day /171 hour work cycle to a 14 day /86 hour work cycle to ensure that overtime pay under the FLSA is calculated correctly; and WHEREAS, it is anticipated that any financial impact of this change will be negligible. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT: It is in the public interest that Section 9, "Personnel Transactions ", Subsection F, "Fair labor Standards Act (FLSA) Classification" of the Iowa City Personnel Policies as adopted by Resolution Number 11 -350 on November 1, 2011 be amended by changing the work cycle for non - exempt police officers from a 28 day /171 hour work schedule to a 14 day /86 hour work schedule to comply with required FLSA overtime pay requirements. Said amendment to the Iowa City Personnel Policies is attached hereto as Exhibit 'W' and incorporated herein by reference. Passed and approved this 17thday of December , 2013. ATTEST: Aa�a � lf" CITY CLERK It woo =_ Resolution No. 13 -345 Page 2 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: --x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton EXHIBIT,,, AMENDMENT TO CITY OF IOWA CITY PERSONNEL POLICIES The City of Iowa City Personnel Policies, approved by Resolution No. 11 -350 on November 1, 2011 are hereby amended as follows: Section 9, f. Fair Labor Standards Act (FLSA) Classification All City positions have been classified as non - exempt or exempt under the Fair Labor Standards Act. Non - exempt positions are eligible for overtime at a rate of one- and -one- half times their regular rate for work in excess of 40 hours in a week. Exempt positions are not eligible for FLSA overtime. To be eligible for FLSA overtime a non - exempt employee must perform 40 hours of work in a week; paid time off such as sick leave and vacation does not count toward the 40 hours. Police Officers and Firefighters are subject to the FLSA 207(k) exemption. Firefighters are on a 27- day /204 hour work cycle and Police Officers are on a 14 day /86 hour work cycle. CITY OF IOWA CITY 12-17-13 3d(3) MEMORANDUM - Date: December 9, 2013 To: Tom Markus, City Manager From: Karen Jennings, Human Resources Administrator Re: Personnel Policies Amendment Introduction: The implementation of the Munis Payroll module requires that the Fair Labor Standards Act (FLSA) cycle used to calculate federally mandated overtime pay for non - exempt Police Officers be reduced from 28 days to 14 days. History/Background: The City is in the final stages of the Munis payroll module implementation. The system is scheduled to go live beginning with the first payroll processed in 2014. Through the process of configuring the system, it was discovered that FLSA overtime did not calculate properly for Police Officers when using a cycle that encompasses more than one pay period. The issue only exists with the Police 28 -day FLSA cycle. Munis provides options to calculate FLSA correctly for the City's other FLSA non - exempt groups. Discussion of Solutions: After testing multiple coding options, it was discovered that Police Officer FLSA overtime calculates properly when using a 14 -day FLSA cycle rather than a 28 -day cycle. FLSA cycles used for non - exempt City employees are established by the City's Personnel Policies. Therefore, an amendment to the Personnel Policies is necessary to change the designated FLSA cycle for non - exempt Police Officers from 28 days to 14 days in order for FLSA overtime to work correctly in the new payroll software. Recommendation: I recommend that City Council approve the amendment adjusting the City's designated FLSA cycle for non - exempt Police Officers from a 28- day /171 hour cycle to a 14- day /86 hour cycle. Prepared by: Ben Clark, Special Projects Administrator, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5436 RESOLUTION NO. 13--146 RESOLUTION SETTING A PUBLIC HEARING ON JANUARY 7, 2014 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ROCKY SHORE STORMWATER PUMP STATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Rocky Shore Lift Station /Flood Gates account # 3964. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 7th day of January, 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. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 17th day of December 2011_. MAYOR ATTEST: &L� X � CITY 'CLERK pweng"astersXsetph.doc 1/11 Approved by 4 City Attorney's Office D Resolution No. 13 -346 Page 2 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton r 12 -17 -13 �w�® CITY OF IOWA CITY 3e(1) M EMO RA Date: December 6, 2013 To: Tom Markus, City Manager From: Ron Knoche, City Engineer Re: Rocky Shore Stormwater Pump Station Project Plans, Specifications, Form of Contract and Estimate of Cost Introduction Plans, Specifications, Form of Contract and Estimate of Cost for the construction of the Rocky Shore Drive Pump Station and Floodgate Project are complete. A public hearing and Council approval are necessary to allow the project to move forward. History /Background This project is one component of a collaborative regional project with the City of Coralville that is designed to protect Iowa City and Coralville businesses, University of Iowa facilities and critical infrastructure, including Highway 6. Coralville is in the process of implementing 4 projects totaling $20.3M as part of this $26.9M regional effort. Iowa City's project will involve the installation of permanent, automatic pumps to an existing stormwater structure located near the intersection of Rocky Shore Drive and Highway 6. It will also include the installation of a floodwall and permanent flood gate system north of the Rocky Shore Drive viaduct. Discussion of Solutions Extensive efforts that include public meetings, state legislation, property acquisition, access and easement agreements have already taken place and the project is ready to bid. Council approval will allow the project to proceed. Financial Impact The city received funding totaling $6.6M for this project through an Iowa Economic Development Authority (IDEA), Community Development Block Grant (CDBG). The Engineer's estimate is $6.6M. Recommendation Staff recommends approving the Plans, Specifications, Form of Contract, and Estimate of Cost. Cc: Rick Fosse, Public Works Director Ben Clark, Special Projects Administrator 5e Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5240 (SUB13- 00018) RESOLUTION NO. 13 -347 RESOLUTION APPROVING THE PRELIMINARY PLAT OF CARDINAL RIDGE — PART 4, IOWA CITY, IOWA. WHEREAS, the owner, Cardinal Ridge Development, LLC, filed with the City Clerk, an application for approval of the preliminary plat of Cardinal Ridge — Part 4, 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 Cardinal Ridge — Part 4, 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 a copy of this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 17 day of December J2013. AI� MAYOR ATTEST: CITY—CLERK - •: I - 1 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 s\pcd\prel im i nary plat - resolution.doc C' To: Planning and Zoning Commission Item: REZ13-00024 /SUB13 -00018 Cardinal Ridge - Part 4 GENERAL INFORMATION: STAFF REPORT Prepared by: Robert Miklo and Bailee McClellan, Planning Intern Date: October 3, 2013 Applicant: Southgate Development Services, LLC 755 Mormon Trek Boulevard Iowa City, IA 52246 319 - 337 -4195 gsiders@sgdev.net Contact: Brian Vogel Hall & Hall Engineers, Inc. 1860 Boyson Road Hiawatha, IA 52233 319 - 362 -9548 bdan @halleng.com Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: Rezoning and preliminary plat approval Rezone 3.77 -acres of land from ID -RS to OPD-5; development of Cardinal Ridge Part 4, a 24-lot residential subdivision South of Kennedy Parkway and west of Camp Cardinal Road 8.48 acres Interim Development Residential, ID -RS, and Planned Development Overlay, OPD5 /OPD8 North: Residential, OPD5 South: Residential, OPD5 and OPD8 East: Residential, OPD5 West: Residential, OPD 8 September 9, 2013 October 24, 2013 The OPD -5 zoning, Sensitive Areas Overlay Plan zone and preliminary plat for the Cardinal Ridge subdivision was approved in 2005. Cardinal Ridge Parts 1 -3 have been final platted and many lots have been built on. The applicant is now proposing to plat Part 4 including Cardinal Ridge Part ................. 2 Two, Outlot E, which was set aside for future development. The western part of the subdivision also includes part of Cardinal Point South Part One, Outlot C, which was also set aside for future development. i ANALYSIS: Zoning: The existing OPD -5 zoning on the eastern portion of the proposed subdivision was established in 2005 with the approval of Cardinal Ridge — Parts 1 to 3. The OPD-5 was required for a Sensitive Areas Development Plan due to the amount of grading and buffer reduction for wetlands. The area included within this current plat was designated as future development and a concept plan was submitted showing the connection of the two parts of Camp Cardinal Road as now is being proposed. The western part of the subdivision is currently zoned Interim Development Single Family (ID -RS). At the time that zoning designation was placed on the property there was no public street providing access to the area. Now that Kennedy Parkway provides street access and water and sanitary sewer service are available, the property should be given an appropriate zoning designation. Comprehensive Plan: The Comprehensive Plan indicates that the property is appropriate for low- density single - family residential uses, 2 -8 units per acre. The Clear Creek Master Plan, which is the planning document for the construction of Camp Cardinal Boulevard, also shows this property as appropriate for residential development. Compatibility with Neighborhood: The surrounding neighborhood consists of low- density single - family homes that make up the other parts of the Cardinal Ridge subdivision. The proposed design of Cardinal Ridge Part 4 also consists of low- density single - family lots that will be designed similarly to the other parts of Cardinal Ridge. In staffs opinion the proposed OPD- 5 zoning designation and 24 lot subdivision appears to comply with the Comprehensive Plan and is compatible with the surrounding neighborhood. Environmentally Sensitive Areas: The Sensitive Areas Ordinance regulates and defines the reasonable use of properties that contain sensitive environmental features and natural resources, and allows reasonable development while protecting such resources from damage. Critical and steep slopes are present on the property. The critical slopes are being avoided and are located beyond the construction limit line. Steep slopes on lots 7 to 10 will require grading to allow for the construction of Camp Cardinal Road and house sites. The extension of Camp Cardinal Road will require the removal of a stand of trees located through the center of the subdivision. The trees appear to have grown along a fence row that was located along a former property boundary. The area is less than two acres and does not qualify as a woodland regulated by the Sensitive Areas Ordinance. Although it may be considered a grove of trees, it would not be possible to preserve the trees and allow the connection of the two parts of Camp Cardinal Road as contemplated in the original subdivision design. The topography of the area does not permit an alternative street alignment. There are extensive woodlands being preserved in the northern and eastern portions of the larger Cardinal Ridge Development and in the adjacent Cardinal Point South subdivision. In staffs opinion the proposed amount of grading and tree removal are unavoidable in this subdivision. Mailbox Clusters: The subdivision regulations require that mailbox clusters be conveniently located for all residential lots. To that end, they should be located within 600 feet walking 3 distance from each lot. In this subdivision a mailbox cluster in the vicinity of lots 3 and 4 or 16 and 17, would satisfy this requirement. However the Postal Service has indicated that they do not want mailbox clusters in this area. The applicant proposes that the mailbox cluster serving this subdivision be located in Cardinal Ridge Part Three, Outlot F, which is located across Kennedy Parkway and approximately 500 feet to the north of this subdivision. The Postal Service concurs with this location. If the mailboxes were in Outlot F, they would be well over 1,200 feet from the houses in the southern portion of the subdivision. Only lots 10, 22- 24 would be within in 600 foot walking distance prescribed by code. If the mailbox clusters are to be approved in Outlot F, the City Council must approve an exception to the subdivision regulations per Section 15-1 -8 of the code. Staff has requested a meeting with the Post Master to discuss the appropriate location of mailbox clusters in this subdivision. The location of the mailbox clusters should be resolved prior to City Council consideration of the preliminary plat. STAFF .RECOMMENDATION: Staff recommends approval of REZ13 -00024, a request to rezone approximately 3.77 acres of land located south of Kennedy Parkway and west of Camp Cardinal Road from Interim Development (ID -RS) to Planned Development Overlay (OPDS), and of SUB13 -00018, a preliminary plat and sensitive area development plan of Cardinal Ridge Part 4, a 24-lot residential subdivision on 8.48 acres of land located south of Kennedy Parkway and west of Camp Cardinal Road subject to resolution of the location of mailbox clusters. ATTACHMENTS: 1. Location Map 2. Preliminary Plat Approved by: G� Jeff Davi8son, Senior Planner Department of Planning and Community Development ppdadmifttfropW mplets. doc a i 4 a m 4121'dd-3`JQI?JfTdNIObb'� �rn/u iL6vm NLL16�664Nr1W NfINIWfpiY p q �a p V �b� RXpnJ�� f%B. 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HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Phoebe Martin, Paula Swygard, Jodie Theobald, John Thomas MEMBERS ABSENT: Anne Freerks STAFF PRESENT: Bob Miklo, Bailee McClellan, Sarah Greenwood Hektoen OTHERS PRESENT: Joe Assouline, John Moreland, Jr., Sara Cross, Laura Aschenbrenner, Florence Stockman RECOMMENDATIONS TO CITY COUNCIL: 1. The Commission voted 6 -0 to recommend approval of REZ13- 00024/SUB13 -00018 an application submitted by The Crossing Development LC for a rezoning of 3.77 -acres from Interim Development Single Family (ID -RS) zone to Planned Development Overlay -Low Density Single Family (OPD -5) zone and an application submitted by Southgate Development Services LLC for a preliminary plat of Cardinal Ridge Part 4, a 24 -lot, 8.48 acre residential subdivision located on Camp Cardinal Road subject to the resolution of the location of the mailbox clusters. 2. The Commission voted 6-0 to recommend approval of SUB13- 00019, an application submitted by Arlington LC for a preliminary plat of Windsor West Part 3, a 24 -lot, 12.38 acre residential subdivision located at Buckingham Lane and Sherwood Drive, north of American Legion Road. 3. The Commission voted 6-0 to recommend approval of SUB13 -00020, a preliminary plat of Stone Bridge Estates Parts 8 and 9, a 49 -lot, 18.22 acre residential subdivision north of Court Street and south of Lower West,. Branch Road along extensions of Colchester Drive and Chadwick and Eversoll Lanes pending approval from 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: Rezoning / Development Item REZ13 -00024/SUB13- 00018: Discussion of an application submitted by The Crossing Development LC for a rezoning of 3.77 -acres from Interim Development Single Family (ID- RS) zone to Planned Development Overlay — Low Density Single Family (OPD -5) zone and an application submitted by Southgate Development Services LLC for a preliminary plat of Cardinal Ridge Part 4, a 24 -lot, 8.48 acre residential subdivision located on Camp Cardinal Road. Miklo said the plan is to extend the street on the subject property to connect the north and south Planning and Zoning Commission October 3, 2013 - Formal Page 2 of 9 sections of Camp Cardinal Road near Kennedy Parkway. He said the western part of the subdivision does require rezoning from ID -RS to OPDf5. He said the Comprehensive Plan does show this area as appropriate for low- density single family with two to eight dwelling units per acre. He said the bulk of the neighborhood to the east is zoned RS -5 with a Planned Development Overlay so the proposed zoning would be compatible with that. He said the subdivision design would be very similar to the existing parts of the Cardinal Ridge Subdivision. Miklo said a Sensitive Areas Plan is required because there are critical slopes in the property. He said virtually all of the trees on the property would have to be removed to allow the street to go through. He said there are not enough trees to qualify as woodland, and so they can't be protected by the Sensitive Areas Ordinance. He said there is an extensive amount of woodland being preserved in the larger neighborhood. Miklo said there is one aspect of the subdivision that does not comply with the City's regulations that require mailbox clusters be located so that no lot is more than six - hundred feet from a mailbox cluster. He said where the developer proposes to place the mailboxes for the subject subdivision would be far in excess of six - hundred feet for the southern lots. He said staff will be meeting with the post office to try and work out the problem. Miklo said staff recommends approval of the application subject to that being resolved before this goes to Council. Miklo showed some photographs of the area. Eastham asked what Council would receive if the Commission passed this along without the issue of mailbox clusters resolved. Miklo said the mailbox clusters would need to be shown as an outlot near the center of the subdivision or they could put a cluster to the north and one to the south. He said if they can't come to an agreement with the post office the applicant could go to the Council and seek a variance from the standards. Miklo pointed out that this is a rezoning, and the Councils vote on the subdivision won't occur until the third reading of the rezoning oridinance. He said the option staff favors is getting the ordinance changed. Eastham asked if the post office can refuse to deliver mail to mail boxes that don't meet the ordinance requirements. Miklo said that's something to be discussed with the post office. Thomas asked if the mail boxes would be along Kennedy Parkway. Miklo said the mailboxes as proposed would be on Eagle Place which is off of Camp Cardinal Road north of Kennedy Parkway. Thomas said he thought that having to cross Kennedy Parkway would be something of an inconvenience. Miklo said that will increase the likelihood that people will drive to get their mail. Eastham opened public discussion. ` Glenn Siders with Southgate Development Services said he is representing both the applicant for the rezoning and the development. He said once the post office and the City come to an agreement, the applicant will figure out how to accommodate that. He said the post office has a number of concerns, one of which is that this will be a fairly steep road, comparable to Benton Street in grade. He said the post office has additional regulations that they need to consider. Siders said he would like the Commission to recommend approval pending the resolution of the mail box issue. Joe Assouline of 814 Camp Cardinal Road said when they purchased their lot they were told there would be some preservation of the land around that and were presented with the idea that there would be some prairie. He said there are several hundred trees that are to be removed. He said there is a very, very steep ravine nearby, and he has had rain erosion close to his house a number of times. He said he's very concerned about removing these trees which are Planning and Zoning Commission October 3, 2013 - Formal Page 3 of 9 probably holding up some of the land around the ravine. He said he knows a road is planned, but that could easily be worked out so some of the trees could be maintained as opposed to adding hundreds of habitations. He said it's getting crowded with the new school and clinic with only one road in and out. He said the new road has a very steep exit on the other side. He said they are increasing the traffic, removing the trees and not really looking at the environment. He said for those who live there, they have a much bigger problem than the mailboxes, and it should be addressed by the Council. Eastham closed public discussion. Thomas moved to recommend approval of REZ13- 00024/SUB13 -00018 subject to the resolution of the location of the mailbox clusters. Swygard seconded. Thomas said this project seems to be consistent with the Comprehensive Plan and the question of neighborhood compatibility has been addressed as,well as the issues of the environmentally sensitive areas. He said he will approve the project because it's in accordance with those ordinances as they now stand. Swygard said she sees nothing in staff report to indicate concerns by City Engineers about run- off so she will support it. Eastham asked Miklo if he has additional comments about storm water run -off caused by installing the street as well as the homes and whether or not removing the vegetation where the road will have to go would increase run -off on existing properties. Miklo said when the original subdivision for the larger development was reviewed, overall concept for storm water management was examined closely by the City Engineer and was found satisfactory. He said with this new addition they also looked at the additional lots and are satisfied with the proposal. He said there will be more detailed storm water plans at the time of final plat approval. Miklo said in terms of affecting the adjacent properties it should have minimal if any effect given that there's a ravine that's between those properties. Theobald said she hoped the solution to the mailbox issue does not involve crossing Kennedy Parkway due to the traffic that goes through there. She asked if there's a way for them to be located on the other side of the parkway. Miklo said it could be subject to the post office approval but the postal representative he spoke to said they had concerns about a mail truck stopping on such a steep slope. Eastham asked if one solution would be to have two clusters. Miklo said that was true, but the post office has been trying to get fewer stops. Dyer asked when part of a subdivision is finished and people experience erosion from run -off that the engineers didn't think would happen, does anyone go back and look before the next part is done. Miklo said there could be a number of reasons for erosion on a private property that have nothing to do with the subdivision design. `He said that grading of the private lot is usually the responsibility of the contractor who built the house. Eastham said that anyone who has continued concerns about run -off can contact staff and raise those concerns when this item is brought to the Council for rezoning and preliminary plat approval. A vote was taken and the motion carried 6 -0. REZ13- 00024/SUB13- 00018: Discussion of an application submitted by The Crossing Development LC for a rezoning of 3.77 -acres from Interim Development Single Family (ID -RS) zone to Planned Development Overlay — Low Density Single Family (OPD -5) zone and an application submitted by Southgate Development Services LLC for a preliminary plat of Cardinal Ridge Part 4, a 24 -lot, 8.48 acre residential subdivision located on Camp Cardinal Road. PCD xf, FT .... ....... .... ............. - -------------­----­--­ ... :ate v\kx� . , n. 1. INA' -T I I.n I", 5f Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington St, Iowa City, IA 52240; 319 -356 -5230 (SUB13- 00023) RESOLUTION NO. 13 -348 RESOLUTION APPROVING THE PRELIMINARY PLAT OF GENERAL QUARTERS - PART TWO, IOWA CITY, IOWA. WHEREAS, the applicant, Build to Suit, Inc., with the consent of the owner, Town and Country Development Corp., filed with the City Clerk, an application for approval of the preliminary plat of General Quarters - Part Two, 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 General Quarters - Part Two, 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 a copy of this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this L day of December, 2013. kL ^_ � MAYOR ` ATTEST: /%lll�44t7 2 �-)- yCCY.fit/ CITY-CLERIK It was moved by Mims and seconded by adopted, and upon roll call there were: App its by 6' CityAtto ney's ffice Pane the Resolution be AYES: NAYS: ABSENT: x Champion x Dickens X Dobyns x Hayek x Mims x Payne x Throgmorton s\pcdlsub13 -00023 preliminary plat - resolution.doc To: Planning & Zoning Commission Item: SUB13 -00023 General Quarters Part Two GENERAL INFORMATION: STAFF REPORT Prepared by: Robert Miklo Date: December 5, 2013 Applicant: Jason Harder Build to Suit, Inc. 6251St Avenue, Suite 201A Coralville, IA 52241 319- 512 -2322 jasonh@buildtosuitinc.com Contact Person: 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: Josh Entler Hall & Hall Engineers, Inc. 1860 Boyson Road Hiawatha, IA 52233 319- 362 -9548 josh @halleng.com Preliminary plat approval Development of a 59 -lot residential subdivision East of Sycamore Street and south of Sherman Drive 15.54 acres Low density single family residential (RS -5) North: Residential (RS -5) South: Agricultural (ID -RS) East: Public (P -1) West: Residential (RS -8) Residential 2 -8 dwelling units per acre Grant Wood (S2) October 31, 2013 December 15, 2013 This property was rezoned from Interim Development (ID) to Low Density Single Family Residential (RS -5) in 2004. General Quarters - Part 1, 29 -lot subdivision, was approved that same year. The rezoning was subject to a Conditional Zoning Agreement that addressed 2 requirements for infrastructure improvements and neighborhood design. Build to Suit, Inc., a different developer, is now proposing to subdivide General Quarters - Part 2 into 59 single - family residential lots. The applicant has not indicated whether they have used the "Good Neighbor Policy ". 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 zoned Low Density Single Family Residential (RS -5). The RS -5 zone generally 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 range in size from 8,000 to 10,541 square feet. Lots widths range from 67 to 89 feet. The lots adjacent to Sycamore Street provide for the 40 foot setback and 20 foot wide landscape buffer required for lots adjacent to an arterial street. The lots will be similar in size to existing lots within the neighborhood. The preliminary plat appears to be in compliance with the Comprehensive Plan, Zoning Code and Subdivision Regulations. Subdivision and Street Design: Street access to General Quarters — Part 2 will be from Dickenson Street which intersects with Sycamore Street. Farragut Lane will be extended from General Quarters — Part 1 through General Quarters — Part 2 and provide a connection to a future subdivision to the south. Whispering Meadows Drive will connect across the Sycamore Greenway to Whispering Meadows Part 4, which is located east of the greenway (a Conditional Zoning Agreement for Whispering Meadows requires that the connection over the greenway be installed by the developer of Whispering Meadows Part 4). Sherman Drive will be extended along the greenway and the loop to the west before ending in a cul -de -sac just before Sycamore Street. This interconnected street pattern will provide secondary access to the existing General Quarters — Part 1 and Mt. Prospect — Part 7, which are located to the north. The termination of Sherman Drive before it reaches Sycamore Street has been designed to minimize intersections with the arterial street. The cul -de -sac design on Sherman Drive prevents backyards from abutting Sycamore Street and provides views through the neighborhood rather than backyard fences lining the street. Sherman Drive will be a "single loaded" street (lots only on one side) adjacent to the Sycamore Greenway. This will open up views and public access from within the subdivision to the greenway. The design fulfills a requirement of the Conditional Zoning Agreement to provide at least 300 feet of linear access to the greenway. In addition to the street network this area is well served by a trail system. There is an existing 8 foot wide sidewalk on Sycamore Street. The Sycamore Greenway trail is located to the east. Approximately 300 feet to the south of General Quarters — Part 2, a trail connects the 8 foot wide sidewalk on Sycamore Street to the Sycamore Greenway trail. The preliminary plat includes an 8 foot wide trail extension along the west side of the Sycamore Greenway. The developer will be responsible for the cost of a standard 5 foot wide sidewalk in this location and the City pay the oversize cost for this trail. There is an existing trail along the east side of the greenway, but the drainage channel minimizes access to General Quarters. Staff anticipates that the trail along the west side of the greenway will be extended along the east side of lot 45 when the area to the south is subdivided. To help assure that the purchaser of lot 45 is aware of the possibility of this trail, it should be shown as "future trail'. This subdivision will include a stub street to provide for the future connection of Whispering Meadows Drive east of Sherman Drive. To help assure that future lot owners are aware of this street connection, the preliminary plat notes that a sign will be posted at the east end Whispering Meadows Drive, indicating that it will be extended to the east for future PCD \Staff Reports \sub13 -00023 staff report. doc 3 development. The requirement for this sign should be addressed in the Subdivider's Agreement at the time of final plat approval. Environmentally Sensitive Areas: There are hydric soils located in approximately the southwestern third of the subdivision. Appropriate for these soil conditions, the streets have been designed with a drainable base and tile line system. Neighborhood Open Space: This subdivision is located adjacent to the South Sycamore Greenway, which in addition to providing regional drainage, serves as a linear park and trail network. A subdivision of this size requires the dedication of 15,906 square feet of neighborhood open space or fees in lieu of. Given the location of this subdivision adjacent to the Sycamore Greenway, staff recommends that fees be paid in lieu of open space dedication. The fees could then be used to improve the trail connections within the greenway. The fee will be equivalent to the value of 15,906 square feet of property. This requirement will need to be addressed in the legal papers for the final plat. Stormwater Management: This subdivision is located within the Sycamore Greenway Drainage District. The greenway provides for a regional drainage system in this part of the city. In lieu of storm water detention basins, individual subdivisions are required to pay a fee of $2,775.68 per acre toward the cost of the greenway. The subdivision has been designed to direct stormwater to the greenway. Payment of the fee should be addressed in the legal papers for the final plat. Infrastructure Fees: The Conditional Zoning Agreement requires the payment of $2,894.68 per acre for Sycamore Street improvements. Sanitary sewer tap -on fees are $1,796.50 per acre. Water main extension fees are $395 per acre. Payment of these fees should be addressed in the legal papers for the final plat. STAFF RECOMMENDATION: Staff recommends approval of SUB13- 00023, a request for preliminary plat approval of a 590 -lot, 15.54 -acre residential subdivision located east of Sycamore Street be approved subject of review by the City Engineer. ATTACHMENTS: 1. Location Map 2. 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HARVAT HALL, CITY HALL PRELIMINARY MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Anne Freerks, Paula Swygard, Jodie Theobald, John Thomas MEMBERS ABSENT: Phoebe Martin STAFF PRESENT: Bob Miklo, Eric Goers OTHERS PRESENT: Josh Entler, Beverly Johnson, Marcia Akin, Wynn Johnson, Sharon Sorensen RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 5 -1 ( Eastham opposed) to recommend approval of SUB13- 00023, a request for preliminary plat approval of General Quarters Part Two, a 59 -lot, 15.54 -acre residential subdivision located east of Sycamore Street 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 -00023 Discussion of an application submitted by Build to Suit, Inc. for a preliminary plat of General Quarters Part Two, a 59 -lot, 15.54 -acre residential subdivision located east of Sycamore Street, south of Sherman Drive. Miklo said the subject property was given the zoning designation in 2004 of low- density single family (RS -5) and at the same time, the plat for General Quarters Part I was approved. He said the applicant is now seeking approval for the remainder of the property, which is Part Two. He showed an aerial photograph of the property. He said the proposed subdivision would include the extension of existing streets within Part One, which were platted in 2008 and don't meet the City's current subdivision design standards of a sixty foot right -of -way He said those streets would be continued at the previous standard of a fifty foot right -of -way until they intersect with Dickerson Drive where the streets widen to meet the current standards. Miklo said the rezoning for this property did have conditions, including a requirement that there be some public access or frontage on the Sycamore Greenway. He said this design more than meets that condition with a single loaded street. He said the applicant has agreed to put in an Planning and Zoning Commission December 6, 2013 - Formal Page 2 of 7 eight foot trail in the Greenway area, and the City will pay for the extra size cost. Miklo said all the lots in the proposed subdivision meet the minimum size standard of 8,000 square feet, sixty foot wide lots. He said some of the lots along Sycamore Street are larger to accommodate the required forty foot buffer and twenty foot landscaping in that area. Miklo showed photographs of the subject property. He said requirements that will have to be addressed in the final plat include payment of fees toward storm water management, which is detailed in the staff report along with the other requirements. Miklo said the plat is in order, and the City Engineer has signed off on the revised plat. Eastham said the South District land use map shows two areas designated for apartments at Sherman Street. Miklo said the District Plan talks about the possibility of small scale multifamily at the intersections of collector and arterial streets. He said staff discussed with the applicant that if they wanted to seek rezoning, there was the possibility of a higher density. Freerks opened public discussion. Josh Entler of Hall and Hall Engineers, representing the applicant, thanked City staff for accommodating the applicant's request to move forward on this proposal quickly. Beverly Johnson, who lives in the area of the subject property, asked if the development will be apartments or single family homes. Freerks said the plat is for detached single family lots. Miklo added that it would require rezoning to introduce multi - family units. Entler said the intent of the developer is single family detached housing. He said they have no intent or desire to do apartments. Marcia Akin of Sherman Drive asked if there are long -term plans for apartments, as they were promised when they moved in that all the homes in the subdivision would be single family. She also asked about the specifications and quality of the planned houses. Miklo reiterated that any proposal for multi - family would require rezoning, which would have to come before the Commission and be approved by City Council. He said the Zoning Ordinance does not address the appearance or quality of homes. Akin asked how they can get any information about what kinds of homes will be built. Miklo responded that the City Zoning Ordinance does not regulate single family homes to that extent. He said that some subdivisions have covenants that have design standards. Akin asked if the old covenants would still apply. Miklo said that would be up to the developer. The City does not get involved with convenants. Wynn Johnson of Sherman Drive said at the time they purchased their house, the developer was not the current developer. He said they were told what the developer's vision for the neighborhood and the phases of the subdivision were. He said now he's concerned if that vision will be carried out as conveyed to them and if they will be notified of any applications to rezone. Miklo said the current zoning allows only single family homes in this subdivision, and the subdivision as designed only permits single family homes. He explained that if there was a proposal to change zoning, any property owners within 300 feet would receive a letter notifying them of that. He said the City would also post signs on the property. He said the only changes in Planning and Zoning Commission December 6, 2013 - Formal Page 3 of 7 the subdivision design from the concept plan of 2004 were the elimination of a cul -de -sac in favor of a through street and the slight increase in the width of the streets to sixty feet. Johnson said the homeowners who purchased under the former developer would appreciate being kept informed of what's going on, and he sees that as the responsibility of the current developer and Hall & Hall. Entler offered to meet with the homeowners after this meeting. Miklo said this will be going before City Council on December 17 and suggested that it would be beneficial for the homeowners to meet with the developer before then. Freerks said it's not clear from the application if the developer used the Good Neighbor Policy, but the Commission would like to see that as something that has to happen with an application. She said it would be nice if there could be some sort of gathering prior to the Council meeting. Akin asked if the Commission is at all concerned about this developer primarily being a commercial developer. Freerks said that would probably not have any implication for the vote the Commission makes. Miklo said it's not unusual for a commercial developer to have members on their team who have been involved in residential development. He said Build to Suit has made proposals for residential development in other parts of Iowa City. Eastham said the Commission is in large part required in making decisions to follow the provisions that are in the City's Comprehensive Plan, in which there is nothing that talks about developer experience or other qualities. Sharon Sorensen of 26 Amber Lane said that a concern for her is the cul -de -sacs that go through the residential areas. She said it makes it difficult for fire trucks to get through. Miklo said that on a street like Sycamore, they try to minimize the intersections because it's an arterial street designed to carry more traffic. He said what will be helpful, unlike in the earlier subdivision, there will Dickenson Lane will provide an access point back to Sycamore for emergency vehicles and the public. Sorensen asked if the houses will be low- income or subsidized. Freerks said the Commission has no say on a preliminary plat about that possibility. Sorensen said because this was a wetland, a former developer was going to put in a park and wanted to know what changed that idea. Miklo said the wetland was actually to the east of the Greenway, and there are no wetlands on the subject property. Wynn Johnson said he thinks the issue of cul -de -sacs is something someone should be looking at closely because he frequently sees City trucks that can't negotiate the circle. He also said the homeowners would very much appreciate a Good Neighbor Meeting with the current developer to get some information. He said he knows it's difficult with the developer to come in after the former developer left town without keeping the promises he made, but he thinks Build to Suit owes it to the homeowners to have a meeting with them. Freerks said the applicant has not indicated if they have used the Good Neighbor Policy. She said the Commission has asked City Council to make these meetings mandatory, but so far, the Council has decided not to do that. She said some of the issues raised tonight could have been worked out through a Good Neighbor meeting, and she said that shows that having some conversation with neighbors prior to a Commission meeting can be helpful. Planning and Zoning Commission December 6, 2013 - Formal Page 4 of 7 Freerks closed public discussion. Thomas moved to recommend approval of SUB13- 00023, a request for preliminary plat approval of General Quarters Part Two, a 59 -lot, 15.54 -acre residential subdivision located east of Sycamore Street subject to review by the City Engineer. Swygard seconded. Eastham said this application along with the School District's decision to build an elementary school nearby brings to light a number of issues that he would like the Commission to deal with openly in the future. He said the Land Use Map show this area to be suitable for apartments. He said he thinks this Commission and others have not followed the Comprehensive Plan principles of mixed use, mixed density and mixed income as well as they should be followed. He said he did not think the rezoning followed the provisions of the Comprehensive Plan so he does not think the current zoning is appropriate. He thinks some part of it needs to be higher density multifamily. Freerks said she would like to make it clear for the audience that these are not mandatory labels on the maps. She said they are suggestions, and stated that, for instance, they like to have higher densities at intersections. Eastham said in this case the areas for higher density could just be moved to either side of Sherman Drive. He said it's possible to move the shaded areas on the maps around to more appropriate locations, but he thinks that most of the time, they simply eliminate them. He said he is sympathetic to homeowners who had conversations with the former developer. He said he doesn't think that developer was totally candid in what the future could be for the area in terms of multifamily dwellings built there. Eastham said all developers have access to the same Comprehensive Plan maps he has and all developers can be frank and honest with potential home buyers. Eastham said City Council had a vigorous discussion at its recent meeting about whether or not the provisions in the Comprehensive Plan are being followed in terms of creating walkable neighborhoods throughout the community and whether or not the neighborhoods that are being created are exactly like the neighborhoods that are already here. He said the RS -5 and RS -8 zones on both sides of Sycamore Street are essentially an extensive single family, detached lot development. He said as they go south into the area that Council has annexed for the school they will be challenged to follow the land uses suggested by the Comprehensive Plan, which is mixed townhome, apartment and single family detached. He said the preliminary plat before the Commission does comply with current zoning, but he doesn't think the current zoning complies with the Comprehensive Plan. Freerks said the Commission has approved so many apartment buildings in the community that she doesn't feel that the city is at a loss for that type of housing. She said she does think this preliminary plat complies with the Comprehensive Plan. She said the Commission has always viewed the maps as living documents that can be altered, so the areas on them are just suggestions. Swygard said she agrees with Freerks. She said what the Commission has before it is not a rezoning, so they have to deal with the current zoning. Thomas said what the Commission has before it doesn't require too much discussion but the Planning and Zoning Commission December 6, 2013 - Formal Page 5 of 7 question of the larger vision, driven mainly by the fact of a new elementary school, will and should require a more comprehensive plan toward the area to the south that is currently zoned Interim. He said he's been very concerned with what he sees as the negative image and impression that multifamily housing has in Iowa City that is in part because of the way it's been integrated into communities unsuccessfully. He said one exception would be The Peninsula. He said as this part of the city develops, he will be urging a much more creative and comprehensive approach to how residential uses mix and how they are designed with respect to the commercial development. He said he agrees with Eastham in that the Comprehensive Plan Update says to ..."encourage a diversity of housing options in all neighborhoods for households of all types and for people of all incomes." He said he thinks that can be done without this fear that is generated every time they move away from single family residential, but it will require a more imaginative and creative vision for how the various housing types integrate. Freerks said with the annexation of a large parcel of land to the south there will be lots of opportunities, and it's something that needs to be looked at. She said the application before the Commission does comply with the Comprehensive Plan with the subdivision code and will be a nice addition to this area, as there is a need for smaller lot single family homes like this as well. Theobald said she will also be voting in favor of the application, but she thinks Eastham has brought up a very valuable point that Thomas expanded on nicely. She said she remembers at one of her first meetings that Thomas brought up the subject of value and how to add that, and she thinks that's key to being able to integrate other housing types within single family. Freerks says she thinks they will need to have some successful scenarios in order for the public to see in terms of integrating apartment complexes into neighborhoods. Miklo said the Comprehensive Plan does show another future arterial street just to the south of this subdivision, and it shows a mixed use neighborhood there. He said here, where there are going to be rezonings and further annexations, the City has much more say in the shape of that area, he thinks that is where the mixed used neighborhood will develop based on the Comprehensive Plan. Eastham said he is hopeful that the area to the south will much more fully comply with provisions of the Comprehensive Plan. He said the Commission often gets a rezoning request that is much less than the Comprehensive Plan calls for in terms of including all housing types and income groups. Swygard said she would really encourage the Good Neighborhood Policy for this applicant. She said she knows the current developer can't address what the previous developer may have promised but the neighbors do have a lot of insight about the area and their comments can be very helpful for the new development. A vote was taken and the motion carried 5 -1 with Eastham opposed. Consideration of Meeting Minutes: November 7 and November 21, 2013 Dyer moved to approve meeting minutes of November 7 and November 21, 2013. Theobald seconded. A vote was taken and the motion carried 6 -0. City Council Planning and Zoning Items December 17, 2013 PCD Item SUB13- 00023: Discussion of an application submitted by Build to Suit, Inc. for a preliminary plat of General Quarters Part Two, a 59 -lot, 15.54 -acre residential subdivision located east of Sycamore Street, south of Sherman Drive. PCD mom 111111 11FAMA�� �� �� �� • � �� ■ �� �� . � 11111111��''� 1111111► 1 �IIIIIIIID '111 ►1 i � ■1� 1111111111111 % / / /�� OPD8 1 ��11111 %�1111111111111111� 11111111111; j O'D = �' 11111111111 ►� / . .+ .. . .. . .. .............................. . SITE LOCATION: General • 000 Scale: i ° =200' CITY OF IOyYA CITY 9W u .c ''0116iman C C C 51FI, Lx W- tgv i r �. tl: XS?✓ _F 0..'i.. l•.- .S.yS'yT• I � LLI ��S`,,.�� ��s ems^^' � �' y „��• �� `"°'�g"� �;� tow. ABU) : SITE LOCATION: General Quarters Part Two SUB13 -00023 1 r ^ wwwowvc ' .II• yyK 'L' Lr1M � F,LK � � Nr K� OMIC i -• rC 4 IJ _ I w,• � -j yr r i ar _ Nr Nr wK\ F.nIC I 1,= rw II • 1 I J 1 4 1- J •- � I 11 ii I II 1 raarK I Vltl I aawri I aar'wrlrR I tiz I ,..r— '.pow~_ \ •-I ' . -_ _9✓QaYA6Ftc � � •t -- pi�. I I I I • 18 I �' � ', ' I• I - I _ L_ _I _ - . i • d, L Y n 1.. .. .. V I I��wro I,I a ro 1rY arro I'artl I anro 1 ! y ;' o'. `QrI' 1 Ir I if `ir ._ �r ill I i, •• I J•! I t.. aavR 4 ..�. i! ui. y ailr aaL'IR I r I l i w I I 1 u `, wtl I I utl � awtl O.M. I rr 1I,,ii tl I lit ]f. W Ila�r �5 ail + "rl aair I �bir I aO1R !: ailr �I aWR � l K .1 •nrr' 1 --aaaro Ir I wro I ! aaro l i .0 l ,r�i r arro � : i i r wr i J L— L J L. L J L.ir.__.. .__ L �- i � • 1 I r � , _____ - - - -- I , •! r4rtl I I aawtl i i wtl I i rC 1 i � I I } i _.._, ! wnK � awr '� wwtl i awtl 14 r P li F.°°w LRC irs a�\, I „ I I R li II rl I I �. I I I I Ic>1�T!�• ^ � 1 .,e41, I I I d �� �.•ur.r.. -, .L.r r. nminrL.r wi � arrt� -Ar+�� �,M R� - iri.....! ».` vc wKw Ko wovr, car•.L -4.. RS.O r i a r CD Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 522 '1 Wig) a6 -50= � W M RESOLUTION NO. n =C � U1 RESOLUTION APPROVING A PURCHASE A EEMENT TO CONVE'r AP ROXIMATELY .75 ACRES AT THE NORT EAST CORNER OF THE INT �CTION OF N. DODGE STREET A D PRAIRIE DU CHIEN ROAD TO HY -VEE, INC. AND AUTHORI it CONVEYANCE IN ACCOR&MCE THEREWITH. / WHEREAS, Hy -Vee, Inc. h signed a purchase agreemen , /con ingent on City Council approval, to purchase approxi ately. .75 acres of land, incl ding ecently vacated portions of St. Clement's Street and St. John's Iley; WHEREAS, the land to be sold is d i ed on Exhibit B the purchase agreement, and a copy of Exhibit B is attached to the resoluti WHERAS, although the offer provides ftiKHy -Vee will not ay any cash for the land, the consideration is that Hy -Vee, Inc. will dedica land to the ity for St. Clement's Street right -of- way, which will be in a better location for the p blic,than t e vacated right -of -way; and WHEREAS, following public hearing, the City s th t said purchase agreement should be approved and that the property should be conveye ccordance therewith. NOW, THEREFORE, BE IT RESOLVED BYE THE TY. COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The purchase agreement with Hy -Voe, In is approv 2. Upon the direction of the City Attorne , the Mayor and e. City Clerk are authorized to execute all documents necessary to dispose of said pro Orty in accordance with said purchase agreement. Passed and approved this day of MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office < -J6 -3 , ` ` CD c2 rn cm Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 13-149 RESOLUTION APPROVING A PURCHASE AGREEMENT 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. AND AUTHORIZING CONVEYANCE IN ACCORDANCE THEREWITH. WHEREAS, Hy -Vee, Inc. has 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, following public hearing, the City finds that said purchase agreement should be approved and that the property should be conveyed in accordance therewith. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The purchase agreement with Hy -Vee, Inc. is approved. 2. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute all documents necessary to dispose of said property in accordance with said purchase agreement. Passed and approved this 17th day of December , 2013. ATTEST: CITY °LERK Approved by ((-Jr. sy�_ City Attorney's Office 6 .3 Resolution No. 13 -349 Page 2 It was moved by Dobyns and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton . mHR—AqAk@v—Wj . ... ... ..... !gT§ V YETY'S D 17 7P %s z., ST. MATTHIAS SECOWD AtXWaVMJR$ PAACZL 3 T. MATTHIAS SECOND ADDITION 14 > m 0 x OP 0 >z> 000 0 in 0 09 m zw Z-4 5;u 3 0-< z 'E IG HER- > 0 Z I im s_n i I 1P. 0 Z,3 CITY OF IOWA CITY MEMORANDUM DATE: DECEMBER 16, 2013 TO: CITY COUNCIL FROM: SUSAN DULEK, ASSISTANT CITY ATTORNEY RE: AGENDA ITEM NO. 6 —SALE OF PROPERTY THY VEE This is to provide additional information to Council regarding the proposed sale of land to Hy Vee, Inc. Hy Vee's original offer was for approximately .75 acres as shown in the 4 tracts depicted on Exhibit B to the purchase agreement, which is attached to the resolution. As requested, I have attached to this Memo a better copy of Exhibit B. Subsequent to making the offer, counsel for Hy Vee and I realized that "Tract 4" (approximately .18 acres) had been conveyed by the City to Robert's Dairy Company in 2002. As a result, the offer by Hy Vee is now to purchase approximately .57 acres, rather than .75 acres. I have marked up the attached Exhibit B to show these 3 tracts more clearly. Also on the attached Exhibit B, I marked the approximate location of the land Hy Vee will dedicate to the City as right of way (.53 acres). You had been provided previously with a copy of Exhibit C to the purchase agreement which is the preliminary plat, and it shows the ROW dedication as well. To summarize the proposed transaction: • The City will convey approximately .57 acres • Hy Vee will dedicate approximately. 53 acres as ROW • The consideration (the value the City will receive), which is not monetary, consists of the dedication of property as ROW, the better location for the public for St. Clement's Street, and the cost to create the abstract (usually a seller expense) Enc. Copy to: Eleanor M. Dilkes, City Attorney -w/ enc. Thomas M. Markus, City Manager -w /enc. Geoff Fruin, Ass't. to City Manager -w /enc. Marian K. Karr, City Clerk -w /enc. La w M-le \� � �/lkkJ { \. § z ,b Lut �� /!k$ mo x MA ///2 \ //� // /> \/ d/ . « 22w2222 - \ / � ° / /.z \z \ / .a — \ / / . | ° � /` �{� � \��: \(\ \ . {\ M-le 'Irarrs- g-Am �� CITY OF IOWA CITY MEMORANDUM DATE: December 12, 2013 TO: Tom Markus, City Manager FROM: Steve Long, Community Development Coordinator RE: December 17 City Council Meeting Agenda Item: Sale of UniverCity Neighborhood Partnership House at 430 S. Lucas Street Introduction On December 17, City Council will hold a public hearing and vote on a resolution authorizing the conveyance of 430 S. Lucas Street, part of the UniverCity Neighborhood Partnership Program. This will be the second home sold in Phase 3 of the program and the 32nd home sale overall. History/Background The City has purchased 16 homes and will be purchasing one more in the spring for Phase 3 of the UniverCity Neighborhood Partnership Program, all in designated neighborhoods surrounding the University of Iowa and downtown. City funds of $50,000 were used to rehabilitate and sell this property as a single family owner - occupied home to an income - eligible home buyer. The cost of renovations is not included in the sale price but is forgiven once the homeowner has lived there for five years. The home must also be owner - occupied for 20 years. Under the UniverCity Neighborhood Partnership, the City proposes to sell 430 S. Lucas Street for $165,000 plus carrying costs of $5,512. Carrying costs are all the costs incurred by the City to acquire, maintain and sell the home, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 in repair and rehabilitation. The program also provides 5% down payment assistance on all Phase 3 applicants. There will be $8,526 in down payment assistance provided to this homebuyer. This home was built in 1890 and contains 1,552 square feet of living space, including two bedrooms and two bathrooms. The renovations include a brand new kitchen, updated bathrooms, a reconfigured second floor bedroom, landscaping improvements, updated electrical and new carpeting. Statement of Fiscal Impact This project used General Funds for the rehabilitation but stayed within the budgeted amount. Recommendation This home was in need of updates and will lead the way for additional on -going UniverCity Neighborhood Partnership projects on Lucas Street. Staff recommends approval of the resolution to authorize the conveyance of 430 S. Lucas Street as part of the UniverCity Neighborhood Partnership Program. December 12, 2013 Page 2 430 S. Lucas Street — Before Renovations 430 S. Lucas Street — After Renovations 0 "t1 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA ca ( ) 356w- �." S"4 RESOLUTION NO. CrM s 0 RESOLUTION AUTHORIZI CONVEYANCE OF A SINGLE FAMILY HONG LOCATED AT 430 SOUTH L CAS STREET. , WHEREAS, the UniverCity Neighborh University of Iowa and the City to encc neighborhoods surrounding the Univer: WHEREAS, the City purchases rental un the University of Iowa, rehabilitates them,; Partnership Program A a joint effort between the ie home ownership a d reinvestment in designated F Iowa; and WHEREAS, the City purchased and rehabi Lucas Street, Iowa City; and located in designated neighborhoods surrounding ( then sells theo to income - eligible buyers; and WHEREAS, the City has received an offer to pi sum of $165,000 (the amount the City paid to approximately $ , which are all costs incu and sell it, including abstracting and recording mowing and snow removal, utilities, real estate repair and rehabilitate the home; and / WHEREAS, this sale would provide University of Iowa; and a single family home located at 430 South 430 South Lucas Street for the principal the home), plus the "carrying costs" of the City to acquire the home, maintain it terest on the loan to purchase the home, k and any costs in excess of $40,000 to housing ki a designated area surrounding the WHEREAS, on December 9, 2013, t City Council adopte a Resolution proposing to convey its interest in 430 South Lucas Str t, authorizing public no 'ce of the proposed conveyance, and setting the date and time fort public hearing; and WHEREAS, following the publi hearing on the proposed con yance, the City Council finds that the conveyance is in the p lic interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCI OF THE CITY OF IOWA CITY, IOWA, that: Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 430 South Lucas Street, legally described as Lot 5, Block 1, Berryhill's Second Addition, Iowa City, Iowa. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Resolution No. Page 2 It was moved by adopted, and upon roll call there were: and seconded by AYES: NAYS: ABSENT: Passed and approved this day MA ATTEST: CITY CLERK Approved by City Attorney's Office the Resolution be Champion Dickens Dobyns Hayek Mims Payne Throgmorton 2013. a C w M 7C7 3 co Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 13 -350 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 430 SOUTH LUCAS STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income - eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 430 South Lucas Street, Iowa City; and WHEREAS, the City has received an offer to purchase 430 South Lucas Street for the principal sum of $165,000 (the amount the City paid to acquire the home), plus the "carrying costs" of approximately $5,500, which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on December 9, 2013, the City Council adopted a Resolution proposing to convey its interest in 430 South Lucas Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 430 South Lucas Street, legally described as Lot 5, Block 1, Berryhill's Second Addition, Iowa City, Iowa. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Resolution No. 13 -350 Page 2 It was moved by Mims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion t Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Passed and approved this 17th day of December , 2013. I AA •- ATTEST: _ CITY CZERK Approved by City Attorney's Office Prepared by: David Purdy, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5230 RESOLUTION NO. 13 -351 RESOLUTION AUTHORIZING THE CITY OF IOWA CITY TO USE SALES TAX INCREMENT REVENUE FROM THE IOWA DEPARTMENT OF REVENUE FLOOD MITIGATION PROJECT FUND WHEREAS, the North Wastewater Treatment Plant was impacted by the floods of 2008; and WHEREAS, the City of Iowa City prioritized decommissioning the North Plant and moving operations to the South Wastewater Treatment Plant and demolishing the North Plant; and WHEREAS, Iowa Senate File 2217 in 2012 created the Flood Mitigation Program to fund projects that would permanently protect properties from future flooding; and WHEREAS, City staff prepared an Application for Funding and a Project Plan in accordance with Chapter 418, which Council approved in Resolution No. 13 -315 and submitted them to the Iowa Flood Mitigation Board for review; and WHEREAS, the City was awarded $8,497,249 in future sales tax increment funds to demolish the North Plant, create a wetland, and stabilize stream banks along Ralston Creek and the Iowa River next to the North Plant site; and WHEREAS, future sales tax increment funds for the City will be placed in a separate flood mitigation fund at the Iowa Department of Revenue; and WHEREAS, City Council needs to authorize the use of these sales tax increment revenues from the Iowa Department of Revenue flood mitigation fund before the City can incur expenses for the flood mitigation project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City is hereby authorized to use sales tax increment revenue from the flood mitigation fund established by the Iowa Department of Revenue for the City to demolish the North Plant, create a wetland, and stabilize stream banks along Ralston Creek and the Iowa River next to the North Plant site. 2. The City Manager of Iowa City is hereby directed to provide of copy of this resolution to the Iowa Department of Revenue. Passed and approved this 17th day of December, 2013. 101 FA U 0. 1L-._ 4 -M City Attorney's Office 1. Resolution No. 13 -351 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 � = CITY OF IOWA CITY s h ,% W0. !-ftumw--� MEMORANDUM Date: December 11, 2013 To: Tom Markus, City Manager From: David Purdy, Community Development Planner Re: Flood Mitigation Sales Tax Increment, December 17, 2013 Council Meeting Introduction Senate File 2218 created the Iowa Flood Mitigation Program. The intent of the program is to provide funding to governmental entities to implement long -term flood mitigation projects. Iowa City submitted an application to the Iowa Flood Mitigation Board in late October. History/Background Iowa City has received funding from a variety of sources to complete the nearly $55 million project of moving operations from the North Wastewater Treatment Plant to the South Plant. Demolishing the North Plant and creating a park at the site is the next step. Development in the Riverfront Crossings area will be jumpstarted once the North Plant is demolished and a park created. On December 4, 2013 the Iowa Flood Mitigation Board awarded Iowa City $8,497,249 to pay for the demolition of the North Wastewater Treatment Plant, creation of up to a 5 acre wetland at the North Plant site, and to stabilize stream banks near the site along Ralston Creek and the Iowa River. Discussion of Solutions Since Iowa City was awarded funds for their flood mitigation project, a separate flood project fund will be set up by the Iowa Department of Revenue (IDR) to capture a portion of the future growth in sales tax funds in Iowa City. The final steps to receiving funds will be to sign the contract and to have City Council pass a resolution authorizing the use of sales tax from our IDR project fund. Financial Impact Iowa City will need to pay upfront to start the projects but should receive the first sales tax increment funds in the summer of 2014. The total amount of sales tax increment should be received by 2021. Finance charges are included in the $8.5 million dollar future sales tax growth award. Recommendation Staff recommends the City Council pass a resolution authorizing the use of sales tax increment from our IDR flood project fund. Cc: Jeff Davidson, Planning and Community Development Director Steve Long, Community Development Coordinator Dennis Bockenstedt, Finance Director Rick Fosse, Public Works Director Ron Knoche, City Engineer 0 Marian Karr From: Tom Markus Sent: Monday, December 16, 2013 3:22 PM To: Marian Karr Subject: FW: Agenda Item 8 Attachments: Flood Program memo for Late Handouts.doc; FMP Summary (2).docx; Reinvestment District Rules - Chapter 200.docx Can you add these to late handouts? From: Geoff Fruin Sent: Monday, December 16, 2013 3:14 PM To: Tom Markus Cc: Simon Andrew Subject: FW: Agenda Item 8 For your review and inclusion in tomorrow's late handouts. Geoff From: James Throgmorton [mailto:jthrogmo @yahoo.com] Sent: Monday, December 16, 2013 10:50 AM To: Tom Markus Cc: Geoff Fruin Subject: Agenda Item 8 Hi Tom. Item 8 on our agenda would authorize the City to use sales tax increment revenue from the State's Flood Project fund to demolish the N. Wastewater Treatment Plant etc. I'm fully supportive of the idea of using state funds to demolish the plant and advance our plans for Riverfront Crossing, but I would like to understand the mechanism better. Is this part of the state's new "Reinvestment District Program" that I criticized last meeting, which enable cities to capture state sales and hotel /motel taxes from new projects in designated districts and reinvest them back into the district? Or are we talking about funds collected at the state level, moved into a special flood mitigation program account, and then distributed to meritorious projects around the state? Or, alternatively, are we talking about having a designated portion of sales taxes paid in Iowa City be used to pay for this? Could you please ask Geoff or some other staff person to explain clearly (during both our work session and our formal meeting) how this program is structured. Thank you. See you tomorrow night. Jim CITY OF IOWA CITY MEMORANDUM liTH 0 *1 Date: December 16, 2013 To: Tom Markus, City Manager From: Geoff Fruin, Assistant to the City Manager Re: State Flood Mitigation and Reinvestment District Program Clarification The November 11, 2013 Information Packet (IP4), included a brief memo and overview of two new State of Iowa programs that were created to assist cities with flood mitigation and economic development projects through the use of sales tax increments. The two programs are separate and distinct with one focusing on flood mitigation projects (Iowa Flood Mitigation Program) and the other focusing on economic development efforts (Iowa Reinvestment District Program). This memo attempts to clarify Iowa City's status with each of these programs. Iowa Flood Mitigation Program (see attached for the program overview) The Iowa Flood Mitigation Program was established to aid cities with local flood mitigation projects. The program allows communities to capture up to 70% of the growth in state sales tax dollars from the city over a maximum of twenty years. The program does not increase the sales tax rate. It is important to note that projects can only be funded with sales tax revenue growth that occurs within the city where the flood mitigation project is being constructed. Iowa City was recently awarded an $8.5 million grant from this program for the demolition of the North Waste Water Treatment Plant, restoration of a five acre urban wetland and significant river and creek bank stabilization. The next step will be for the City Manager to approve a grant agreement with the State of Iowa, which staff believes may be ready in January or February of 2014. The City Council previously authorized the City's application. It is expected that the City will bid and award the project with local dollars through general obligation bonds and /or internal loans. As sales tax revenue grows within Iowa City, the state will set aside up to 70% of those dollars and remit them to Iowa City. The City will then use those funds to pay the debt service on the outstanding loans. The City incurs the financial risk if the growth in sales tax does not meet the loan repayment schedule. In Iowa City's application to the State we used very conservative sales tax growth and bond rate assumptions in order to minimize this risk. While year to year sales tax growth can be volatile, staff feels confident that the projections used in our application will cover the estimated project costs over the life of the grant program. Iowa Reinvestment District Program (see attached for the program overview) The Iowa Reinvestment District program aims to facilitate large economic development projects that have both a local and statewide impact through the capture and use of newly generated state sales tax and hotel /motel dollars that are associated from the project(s) in a newly designated 'reinvestment district'. The program does not use sales tax increment from existing businesses, nor does it increase the sales tax rate. Applications for this program are expected to be due to the State of Iowa in March of 2014, with recurring application periods each year thereafter until the program funding is fully committed. Staff is considering a few different projects that may be eligible for funding under this program. It is uncertain at this time if an application will be ready for submittal in March of 2014. Prior to submitting the application, staff will seek City Council authorization. Iowa Flood Mitigation Program Overview: The program provides cities the ability to capture future increases in state sales taxes to help pay for flood mitigation projects. Awards are done through a competitive process and require submission of an application, project plan, and detailed budget to the Iowa Flood Mitigation Board. Projects should provide permanent flood mitigation. If a city is awarded funds for a flood mitigation project, the Iowa Department of Revenue sets up a separate fund to help pay for the cost of the project. A city can request up to 70% of future sales tax increases from the fund. Application Timeline: November 21 Application reviewed by the Iowa Flood Mitigation Board December 4 Additional question and answer session by the Flood Mitigation Board January/February Flood Mitigation Board will start the process of making awards Spring: Final awards made Spring Cities adopt resolution authorizing the use of sales tax increment from their flood project fund Summer 2015 Cities can start requesting the increase in sales tax funds Eligibility / Application Criteria: • The project must permanently protect property from the effects of floodwaters • Mitigation must be sufficiently valuable to the economic viability of the state • At least 20% of the total project cost must come from federal funding designed for hazard mitigation • A local match is required. The amount of the local match plus the amount of federal funding must equal at least 50% of the total cost of the project • The project must result in nonpublic investment of an amount equal to 50% of the total cost of the project • A project plan must be submitted that includes: • Detailed description of the project • Detailed description of all anticipated funding sources • Detailed budget • Description of how the project mitigates future flooding of property • Extent of federal and local matching funds • Extent of nonfinancial support for the project • How the project is consistent with other watershed and hazard mitigation plans for the area Scoring Criteria: No formal scoring system has been established but the emphasis will be on flood mitigation and why this project is important to the state. Iowa City Application: Iowa City is requesting the Iowa Flood Mitigation Board allow them to capture up to $8.5 million dollars in future sales tax growth to pay for the demolition of the North Wastewater Treatment Plant, creation of a 5 acre wetland at the North Plant site, and to stabilize stream banks where Ralston Creek meets the Iowa River. State of Iowa Reinvestment Districts Overview: The program provides cities the ability to establish a reinvestment district and capture state sales and hotel / motel taxes from new projects and reinvest those dollars back into the district. Establishing reinvestment districts is done through a competitive process and requires approval from both the State of Iowa and the local government. The projects should (1) improve the quality of life (2) be unique in nature (3) and substantially benefit the economy. Districts can be no more than 25 acres in size and can exist for 20 years or such time the maximum award from the state is achieved (if prior to the 20 year threshold). The district must contain one project that has a capital investment of $10 million or more. The district commences and revenues begin to be captured after all approvals are obtained and after such time the largest project in the district is fully constructed and operational. Application Timeline: March 1— March 15: Preliminary application must be submitted to the State Summer: Provisional awards made by the State February 28th: Deadline for final application (only for those that received a provisional award) Spring: Final awards made Summer: Cities adopt local ordinance Eligibility / Application Criteria: • Maximum size is 25 acres of contiguous property • All or part must be in an Urban Renewal Area or Enterprise Zone • Properties must be suitable for development (existing city plan that calls for redevelopment) • Must submit a district plan • Finding of suitability for the program • Legal descriptions of properties • List of owners of records for all properties (preliminary application can include multiple speculative sites, but an exact site must be known for the final application) • Third party economic impact study for the district o Project plans for each project ■ Sources and uses ■ Third party feasibility study ■ Economic impact analysis ■ Tourism impact analysis Scoring Criteria (100 points): • Uniqueness (25 points) • Economic impact (25 points) • Project feasibility (10 points) • Capital investment (10 points) • Funding leverage (10 points) • Non retail focus (10 points) • Readiness / geographic diversity / funding need (10 points) 6 Prepared by Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5144 RESOLUTION NO. 13-35 RESOLUTION RECOMMENDING FIBERIGHT, LLC AS THE PREFERRED CONTRACTOR FOR THE SOLID WASTE MANAGEMENT SERVICES REQUEST FOR PROPOSALS ISSUED JULY 15, 2013. WHEREAS, a request for proposals was issued on July 15, 2013, for solid waste management services to include recycling and /or waste conversion technologies; and WHEREAS, only one qualified proposal was received; and WHEREAS, City Staff has evaluated this proposal in accordance with the RFP and is prepared to recommend this proposer as the preferred contractor with whom to begin negotiation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The preferred contractor shall be Fiberight, LLC. 2. City staff is hereby directed to negotiate with Fiberight, LLC and to determine whether a contractual arrangement can be reached that is in the City's best interest. Passed and approved this 17th day of December , 2013. MAYOR Approved ATTEST: IT ELERK City Attorney's Office 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 Throgmorton _- 12-17-13 CITY OF IOWA CITY 9 MEMORANDUM DATE: December 6, 2013 TO: Tom Markus, City Manager FROM: Rick Fosse, Public Works Director RE: Designation of Fiberight as Preferred Contractor December 17 Introduction: This agenda item will designate Fiberight as the Preferred Contractor in the Landfill request for proposal (RFP) process seeking alternative technologies for processing solid waste. History /Background: Earlier this year Iowa City issued an RFP for alternative technologies for processing solid waste at our landfill. One proposal was received. Staff and our consultant have reviewed the proposal and believe that it has sufficient merit to begin negotiations. Discussion of Solution: Designation of Fiberight as the Preferred Contractor is the next step in the RFP process and will allow detailed discussions and negotiations to begin. Financial Impact: There is no financial commitment related to this agenda item. The cost of Fiberight's services will be determined during the negotiation process. If an agreement can be reached, a contract for these services will be presented for Council consideration at a future meeting. Recommendation: Staff recommends approval of the resolution designating Fiberight as the preferred contractor. cc: Ron Knoche, City Engineer Daniel Scott, Project Engineer Marian Karr From: Garry Klein <garryklein @gmail.com> Sent: Tuesday, December 17, 2013 1:46 PM To: Council Subject: Waste disposal This correspondence will become a public record. While traveling today, I learned about the discussion of possibly outsourcing some city waste disposal jobs. While I support reducing waste to our landfill, I am also concerned in the method. Finding ways to maximize services is great, but not if workers are eventually laid off. Without knowing all the facts, I trust the council to take time to do it right. Garry Klein Prepared by: Jeff Davidson, Planning and Community Development Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5230 RESOLUTION NO. 13 -353 RESOLUTION FOR SUBMITTAL OF A LETTER TO THE IOWA ECONOMIC DEVELOPMENT AUTHORITY APPROVING THE RELOCATION OF CONNECTFIVE TO CORALVILLE, IOWA WHEREAS, ConnectFive is a usability, strategy and design firm based in Iowa City at 1210 Hwy 6 W, Suite 400 Iowa City, Iowa; and WHEREAS, ConnectFive has applied for financial assistance from the High Quality Jobs Program at the Iowa Economic Development Authority (IEDA); and WHEREAS, as explained in the letter attached hereto, ConnectFive has decided to move its operations to the University of Iowa Research Park in Coralville, Iowa; and WHEREAS, in order to qualify for assistance from the IEDA ConnectFive must provide a letter from the City of Iowa City, as the city in which ConnectFive is currently located, stating that Iowa City does not object to the move from Iowa City to Coralville; and WHEREAS, the City of Iowa City wishes to help ConnectFive find suitable office space and assist them in qualifying for financial assistance from the IEDA; and WHEREAS, ConnectFive may in the future consider moving back to Iowa City and the City of Coralville has agreed to provide a letter to the City of Iowa City stating that Coralville will not object to a move by ConnectFive back to Iowa City in the future. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City of Iowa City does not object to the relocation of ConnectFive to Coralville as described in the attached letter. 2. Upon receipt of a letter from the City of Coralville stating that Coralville will approve any future ConnectFive relocation back to Iowa City, the City Manager of Iowa City is hereby authorized to sign a letter approving the relocation of ConnectFive operations to the University of Iowa Research Park in Coralville, Iowa. Passed and approved this 17th day of December, 2013. ATTEST: ) . CITY LERK City Attorney's Office 12--11,-13 Connect User Experience Strategy Design Usability Metrics To: Tom Markus, City Manager and City Council of Iowa City From: Sean McKay, President, Connect Five Mr. Markus and Members of the City Council, For the past several months we have been engaged in a diligent search for office space to move our quickly expanding software business. We have worked with City of Iowa City staff, ICAD Group, The Iowa City Downtown District and other real estate professionals to tour and evalu- ate a variety of space options. Unfortunately we were not able to identify an available office space that meet our needs of between 5,000 -7,000 square feet with an open floor plan at a rental rate that our young company could cash flow within the City of Iowa City. We have subse- quently been able to identify a space that met all of our needs on the University of Iowa Research Park and have negotiated preliminary lease terms. To accommodate this move and help assist our company grow the Iowa Economic Development Authority is considering providing financial assistance to our company at their board meeting on December 20th. Pursuant to Iowa Code, we are unable to qualify for this assistance without submitting to the state a written notice that you are not in objection to this move. We would like to provide assurance that at no point were any offers of financial assistance by the City of Coralville made to encourage this move. This relocation decision is not based on any determining factor other than the availability of suitable office space for our company needs. We certainly appreciate all of the assistance provided by city staff. We felt supported and encouraged throughout the process. I hope that you can understand the situation we are in and the need to do what is best for our company. To this end, we respectfully request written notifi- cation indicating you are not in objection to our move submitted in a letter to Debi Durham, Director of the Iowa Economic Development Authority. 1110 CITY OF IOWA CITY MEMORANDUM Date: December 12, 2013 To: Tom Markus, City Manager From: Jeff Davidson, Planning and Community Development Director Re: ConnectFive Relocation Letter, December 17, 2013 Council Meeting Introduction ConnectFive, a usability, strategy and design firm based in Iowa City at 1210 Hwy 6 W., Suite 400 in Iowa City has been growing and is seeking bigger office space. History /Background Economic Development staff from the City of Iowa City has been working with ConnectFive to find office space in Iowa City. Staff has been working with the firm for the past 6 months to find a space of 5,000 -7,000 square feet that could be built out to suit their needs. However, none of the multiple locations viewed have been suitable. Discussion of Solutions ConnectFive has determined there is a space in Coralville that will meet their specifications. The City of Coralville is not providing financial incentives for the relocation. However, the owner of the building into which the firm will be moving is providing incentives for the move. While ConnectFive may be relocating to Coralville, they are a growing company and may in the future relocate back to Iowa City. Iowa City has asked the City of Coralville to approve any future relocation back to Iowa City. ConnectFive will be seeking financial assistance from the Iowa Economic Development Authority (IEDA) High Quality Jobs Program to expand their operations. If a firm relocates into another city while seeking assistance, IEDA requires a letter from the city in which the firm is currently based stating they approve of the relocation. Financial Impact While there is no direct financial cost to the city to write the approval letter, there is potential lost income to the building owner because the firm is moving out of Iowa City. In addition, ConnectFive employees would have been spending money in Iowa City if they would have relocated to another Iowa City location. Recommendation Staff recommends the City Council pass a resolution authorizing the City Manager to submit a letter to the Iowa Economic Development Authority approving the relocation of ConnectFive to Coralville. The City of Coralville has indicated they will provide a letter stating they will not oppose ConnectFive coming back to Iowa City in the future. Construction of office space in Iowa City that is suitable for these types of startup businesses should be encouraged. Cc: Steve Long, Community Development Coordinator Wendy Ford, Economic Development Coordinator Connect User Experience Strategy Design Usability Metrics To: Tom Markus, City Manager and City Council of Iowa City From: Sean McKay, President, Connect Five Mr. Markus and Members of the City Council, For the past several months we have been engaged in a diligent search for office space to move our quickly expanding software business. We have worked with City of Iowa City staff, ICAD Group, The Iowa City Downtown District and other real estate professionals to tour and evalu- ate a variety of space options. Unfortunately we were not able to identify an available office space that meet our needs of between 5,000 -7,000 square feet with an open floor plan at a rental rate that our young company could cash flow within the City of Iowa City. We have subse- quently been able to identify a space that met all of our needs on the University of Iowa Research Park and have negotiated preliminary lease terms. To accommodate this move and help assist our company grow the Iowa Economic Development Authority is considering providing financial assistance to our company at their board meeting on December 20th. Pursuant to Iowa Code, we are unable to qualify for this assistance without submitting to the state a written notice that you are not in objection to this move. We would like to provide assurance that at no point were any offers of financial assistance by the City of Coralville made to encourage this move. This relocation decision is not based on any determining factor other than the availability of suitable office space for our company needs. We certainly appreciate all of the assistance provided by city staff. We felt supported and encouraged throughout the process. I hope that you can understand the situation we are in and the need to do what is best for our company. To this end, we respectfully request written notifi- cation indicating you are not in objection to our move submitted in a letter to Debi Durham, Director of the Iowa Economic Development Authority. Q 12cs- ���lv�C' CORALVILLE December 12, 2013 Mr. Tom Markus City Manager City of Iowa City 410 E. Washington St. Iowa City, Iowa 52240 RE: Connect Five Dear Tom: I am following up on our conversation about Connect Five. Connect Five has expressed a desire to lease space in the University of Iowa Research Park and has sought State of Iowa Assistance for their relocation. The City of Coralville will not be providing any assistance for the move to the new location. The City of Coralville does not have an issue with Connect Five moving back to Iowa City in the future if they should decide to do so. Sincerely, wo City Administrator cc Mark Nolte Jim Fausett City Administration 1512 711 Street Coralville, Iowa 52241.1708 Ph: 319. 248.1700 Fax: 319. 248.1894 December 16, 2013 Debbi V. Durham, Director Iowa Economic Development Authority 200 East Grand Des Moines, IA 50309 Re: Relocation of ConnectFive Dear Director Durham: wt6r ®I, memo CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (3 19) 356 -5000 (319) 356 -5009 FAX www.icgov.org The City of Iowa City has been notified by ConnectFive of its intentions to relocate from leased space at 1210 Highway 6 West, Suite 400 in Iowa City to leased space located in Coralville, Iowa. Company representatives indicate they desire to lease 5000 -7000 square feet of office space on a single continuous floor plate. Company representatives indicated they evaluated several buildings within Iowa City, but were unable to find a location that fits within their desired office parameters. The company has indicated it may make an application to the Iowa Economic Development Authority High Quality Jobs program for financial assistance, and has requested the City of Iowa City to provide a letter that it will not object to such application. I hereby state that we do not object to such an application. While disappointed that the company was unable to find a suitable location within Iowa City, we hope to be part of this growing company's future plans. The City of Coralville has indicated they will provide a letter stating they will not oppose ConnectFive relocating back to Iowa City in the future. Sincerely, Thomas M. Markus City Manager cc: Kelly Hayworth, City Manager, City of Coralville •1TIVr. ieques Nitern; I [1 is December 17_ ZC a I,tm� a p • ironos; ecnnvivgie [1 mFberight BIOh1ASS Organic Pulp PRETREATMENT Blairstown Process HYDROLYSIS , FERMENTATION . DISTILLATION METHANOL RZi1 1 � 2 August 21, 2012 Council Meeting Fiberight Presentation l7FiberW Landfill MRF Process 20 -25% Transfer to landfill 6% Metals ta _ rl 7% Other !. ' " M Recyclables Mixed Organic Pulp Transfer to Fiberight M 5% Plastic Bottles December 11, 2012 Site Visit to Virginia Demonstration Plant March 19, 2013 Council Work Session Discussed drafting an RFP 7. iak CITY OF IOWA CITY I 9 7. 7. r� CITY OF IOWA CITY I •1TIVr. ieques Nitern; I [1 is December 17_ ZC a I,tm� a p • ironos; ecnnvivgie [1