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HomeMy WebLinkAbout2014-03-25 Resolution3d(1) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 14 -6o RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1937 KEOKUK STREET, IOWA CITY, IOWA. WHEREAS, August 10, 2007, the equitable owner, Legaspi Properties, L.L.C. executed a Mortgage with the City of Iowa City to secure a loan for an economic development project; and WHEREAS, the Legaspi Properties, L.L.C. defaulted on their contract sale agreement of the property; and WHEREAS, the contract was forfeited and the property went back to the owner of the property; and WHEREAS, the City's Mortgage prevents clear title going to the new entity buying the property; and WHEREAS, it is the City of Iowa City's responsibility to release the mortgage on said property. 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 the attached Release of Lien for recordation, whereby the City does release the property located at 1937 Keokuk Street from a Mortgage recorded August 14, 2007, Book 4204, Page 83 through Page 87 of the Johnson County Recorder's Office. Passed and approved this 25th day of , March , 20j-4_. MAYOR Approved by ATTEST: _ 1 ; -r CITY LERK City Attorney's Office It was moved by ThroRmorton 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 Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Legaspi Properties, L.L.C. Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 1937 Keokuk Street, Iowa City, Iowa, and legally described as follows: Lot 3 of Block 5 of Braverman Center, an Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 8, Page 69, Plat Records of Johnson County, Iowa. from an obligation of the equitable owner, Legaspi Properties, L.L.C., to the City of Iowa City represented by a Mortgage recorded August 14, 2007, Book 4204, Page 83 through Page 87 of the Johnson County Recorder's Office. The property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: 21,,, - 5 CITY CLERK STATE OF IOWA JOHNSON COUNTY .lam I AA •- Approved by City Attorney's Office On this Z6* L day of Ma r cA_ , A.D. 20 /4/ , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as ontained in Resolution No. /`f— &O adopted by the City Council on the � day V10 rr , 20� and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. inr 4<ELL iE i:. TUTTLE o. `•,C�mrcission Number 221819 Notary Public in and for Johnson County, Iowa �L ;R 118y Com n ss n Expires - 2- „ iGFV�• r- 3d(2) Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356 -5030 RESOLUTION NO. 14 -61 RESOLUTION ACCEPTING THE DEDICATION OF AND AUTHORIZING THE MAYOR TO ENTER INTO A SANITARY SEWER EASEMENT AGREEMENT FOR A PORTION OF LOTS 7, 8, 9 AND 10, BLOCK 7, LYON'S SECOND ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, Owners Michael and Kelly McLaughlin desire to relocate a sanitary sewer line for properties it owns near the 500 block of South Dodge Street in order to facilitate development of such property; and WHEREAS, Staff finds it in the public interest to accept the dedication of said easement and enter in to an easement agreement with the Owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Acceptance of the above - referenced easement over a portion of Lots 7, 8, 9 and 10, Block 7, Lyon's Second Addition, Iowa City, Iowa, is hereby approved and authorized. 2. The Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication, including a sanitary sewer easement agreement, and to record the same at Owner's expense. Passed and approved this 25th day of March , 2014. Approved by ATTEST: z k CITY CLERK Ci Attorney's Office 3/. /Y Resolution No. Page 2 It was moved by Throgmorton and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Prepared by and Return to: John E. Beasley PO Box 2150, Iowa City, IA 52244 -2150: (319) 354 -1104 SANITARY SEWER EASEMENT AGREEMENT MICHAEL T. McLAUGHLIN AND KELLEY A. McLAUGHLIN TO IOWA CITY, IOWA THIS AGREEMENT is made and entered into by and between the undersigned Michael T. McLaughlin and Kelley A. McLaughlin (Owner), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), a municipal corporation. It is hereby agreed as follows: For valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the easement area depicted and legally described on the plat attached hereto and incorporated herein by this reference, hereafter described as "easement area." Owner further grants to the City: 1. The right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement area and also to trim, cut down and clear away any trees on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to said easement area, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner. against unreasonable loss or damage which may occur in the negligent exercise of the -1- easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said easement area. Notwithstanding anything to the contrary herein, Owner shall be permitted to construct a parking lot and driveway in the easement area. Any improvements placed in the easement area, with or without City approval, may be removed by the City for the purpose of installation, replacement, maintenance of such sewage lines, pipes, mains and conduits without compensation or replacement. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that Subdivider has a good and lawful right to convey it, or any part thereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this 7*, day of M , 2014. OWNER Michael T. McLaughlin OWNER Kelley A. McLaughlin TW By. By. V STATE OF IOWA, COUN JOHNSONN, ss: On this day of d4te:2L , 2014, before me, a notary public for the state of Iowa, personally appeared Michael T. McLaughlin and Kelley A. McLaughlin to me personally known, who being by me duly (sworn or affirmed) ackno dged the execution of Said instrument to be their voluntary act and deed. NICK A. WILTGEN - _ Commission Num�er 774673 Notary Public for the State ?'Iowa ' :+w ' �v� m. ion ires -2- CITY OF IOWA CITY, IOWA By oA Matthew J. Hayek, akor By Marian . Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, ss: On this Z,J-� day of Mow- ki , 2014, before me, the undersigned, a notary public for the state of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. i <FLLIE K. TUTTLE Ei )� C ' i; commission Number 221819 �% /�— A,—� C/ r4y coinmission Expires Notary Public for the State of Iowa -3- 3d(3) Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044 RESOLUTION NO. 14 -62 RESOLUTION ACCEPTING THE WORK FOR THE CITY PARK SHELTER SIX REPLACEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the City Park Shelter Six Replacement Project, as included in a contract between the City of Iowa City and Selzer Werderitsch Associates of Iowa City, Iowa, dated April 23, 2013, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Parks Annual Improvements account # R4130; and WHEREAS, the final contract price is $153,668.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 25th day of March , 20 [ . MAYOR Approved by ATTEST: CITIMERK City Attorney's Office 1311,41V It was moved by Throamorton and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: ZFTAW ABSENT: X Botchway X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton SAENGTW1Resclutions \Project ResolutionMAccept Project\City Park Shelter Six Replacement Project- accepting project.doc 3/14 3J ►III %77 Pt CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www•icgov.org March 12, 2014 City Clerk Iowa City, Iowa Re: City Park Shelter Six Replacement Project Dear City Clerk: I hereby certify that the construction of City Park Shelter Six Replacement Project has been completed by Selzer Werderitsch Associates, of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by A & J Associates. The project was bid as a lump sum contract and the final contract price is $ 153,668.00 There were change or extra work orders for the project as described below by project area: Additional wiring, conduit, boxes and lighting required for lighting layout revision due to actual location of tube steel beams of the Shelter for a total of $768.00. 1 recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer pweng/masters /engineers letter city park shelter six replacement project- accepting 03 25 2014.doc Prepared by: Geoff Fruin, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5014 RESOLUTION NO. 14 -68 A RESOLUTION ADOPTING THE IOWA CITY DOWNTOWN AND PEDESTRIAN MALL STREETSCAPE PLAN WHEREAS, the City of Iowa City initiated a streetscape planning effort for the downtown area in 2013; and WHEREAS, through the planning process the City completed an assessment of current conditions and engaged numerous stakeholders and the general public; and WHEREAS, the City has an interest in ensuring that future investments in the downtown area are well coordinated and work together toward a common vision; and WHEREAS; the City's FY 2015 Capital Improvement Budget contains $1,000,000 for implementation of the quickstart projects that are listed in Chapter 8 of the plan; and WHEREAS, the City will use the plan to guide future investments as additional resources are made available and as private redevelopment occurs within the district. NOW, THEREFORE, BE IT RESOLVED that the Iowa City City Council adopts the Iowa City Downtown and Pedestrian Mall Streetscape Plan. The City Council further directs the City staff utilize the FY 2015 Capital Improvement Budget authority to complete the 2014 quickstart projects as outlined in Chapter 8 of the plan and to consider implementation of other plan components through the budget process and when private redevelopment presents such opportunity. Passed and approved this 25th day of March , 20 14 ATTEST: CITY ttERK Mf I LTA • •- Approved by __ 11 c� 3--o-, � City Attorney's Office r- Resolution No. 14 -68 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 Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton ' l 1 CITY OF IOWA CITY MEMORANDUM Date: March 17, 2014 To: Tom Markus, City Manager From: Geoff Fruin, Assistant City Manager Re: Adoption of the Iowa City Downtown and Pedestrian Mall Streetscape Plan An overview of the Iowa City Downtown and Pedestrian Mall Streetscape Plan was provided to the City Council at their March 4th work session. The streetscape plan was drafted over the last year with involvement from local stakeholder groups and significant public input. While the plan does not commit the City to funding any particular project, it does establish a vision for future improvements. The recommended projects contained in the report will be considered in future budget processes and as private redevelopment opportunities are presented. The City Council has adopted the FY 2015 budget, which contains $1,000,000 in a capital line item for various downtown maintenance projects, additional design and study, and implementation of some of the plan components. These `quick start' projects are outlined in the implementation portion of the plan (Chapter 8). Included among the quick start projects is the design of improvements to the Pedestrian Plaza and Black Hawk Mini Park. The City Council will be presented with a design contract for this work at a future meeting. The plan is temporarily available online at www.icgov.org /dowtownstreetscape or under the highlights tab on the homepage. The report will be permanently archived as part of the February 27, 2014 Information Packet. A hard copy of the report can be provided to City Council members upon request to the City Manager's Office. 03 -25 -14 3d(4) Prepared by: Kris Ackerson, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5247 RESOLUTION NO. 14 -63 RESOLUTION AUTHORIZING CITY STAFF TO MAKE APPLICATION FOR FUNDING ASSISTANCE FROM THE STATE HISTORICAL SOCIETY OF IOWA FOR THE RESTORATION OF THE OLD SETTLERS' ASSOCIATION LOG CABINS IN UPPER CITY PARK WHEREAS, the City desires to apply for up to $50,000 in funding assistance through the State Historical Society of Iowa's "Historical Resource Development Program," to finance a portion of said restoration; and WHEREAS, the City Park log cabins operate as an avid reminder of the eminent growth and cultural transformation of the community, the city, and the county and, upon restoration, will be utilized by community members and organizations for meetings, events and learning opportunities; and WHEREAS, the Historic Preservation Commission endorses the City's application for grants to repair the cabins in City Park; and WHEREAS, the Historic Resource Development Program requires the City to commit to raising the local matching funds if the grant is awarded and accepted; and WHEREAS, the City is committed to preserving the historic value of the log cabins by way of restoration and the reinstatement of educational programming in conjunction with local organizations such as the University of Iowa, as well as local and state historical societies; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Staff is authorized to submit an application and any additional documentation to the State Historical Society of Iowa for funding assistance through the State Historical Resource Development Program (HDRP). 2. The City Manager or a designee is authorized to sign the grant application forms along with any other documentation necessary to apply for the grant. 3. If accepted, any funding assistance received shall be used for implementation of the project referenced above in accordance with the grant guidelines and requirements. Passed and approved this 25th day of March , 2014. A<&-4A- MAYOR App rre ATTEST: �c - CITY btERK y 2ition ne ice S: \PCD \Grant Applications \Historic Preservation \City Park Cabins\2013 App Mate \re cabins. doc Resolution No. 14 -63 Page 2 It was moved by Throgmorton and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton 1 l CITY OF IOWA CITY MEMORANDUM Date: March 11, 2014 To: Tom Markus, City Manager From: Michael Moran, Director of Parks and Recreation Re: Consider a resolution authorizing City staff to make application for funding assistance from the State Historical Society of Iowa for the restoration of the log cabins in upper City Park. Introduction: This application will help fund the restoration of the Old Settlers' Association Log Cabins in Upper City Park, listed on the National Register of Historic Places in June of 2013. History /Background: These cabins are the last surviving structures built by the Johnson County Old Settlers' Association. Restoration is necessary to ensure that they continue to serve as a social and educational resource for Iowa City residents, students and organizations. When the current restoration campaign is completed, plans call for the cabins once again to be used by community members and organizations for meetings, events and learning opportunities. Discussion of Solution: Apply for $50,000 through the Historical Resource Development Program (HRDP), and commit to raising the remaining funds and, after learning whether the grant has been awarded, determine the amount of local matching funds required and whether to accept the grant. Financial Impact: If awarded this REAP grant, and the City accepts same, the City of Iowa City would be required to match funds through the general fund and /or private donations. The Parks and Recreation Foundation began accepting private donations in March of 2012 and received in excess of $11,000 to date. Recommendation: Approve resolution authorizing City staff to make application for funding assistance from the State Historical Resource Development Program (HRDP) for the restoration of the log cabins in Upper City Park. E3-25'14 "' J- 3e(1) Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 14 -64 RESOLUTION SETTING PUBLIC HEARING FOR APRIL 1, 2014, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 312 FAIRCHILD 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 312 Fairchild Street, Iowa City; and WHEREAS, the City has received an offer to purchase 312 Fairchild Street for the principal sum of $230,000 (the amount the City paid to acquire the home), plus the "carrying costs ", 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, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 312 Fairchild Street, Iowa City, Iowa, also known as the West 42 feet of Lot 6, Block 55, Iowa City, Iowa, for the sum of $230,000, plus the "carrying costs ". 2. A public hearing on said proposal should be and is hereby set for April 1, 2014, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Resolution No. 14 -64 Page 2 It was moved by Throgmorton and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Passed and approved this 25th day of March -12014. MAYOR ATTEST: •rte 61TY-CLERK Approved by City Attorney's Office 3e(2) Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 14 -65 RESOLUTION SETTING PUBLIC HEARING FOR APRIL 1, 2014, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 314 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 314 South Lucas Street, Iowa City; and WHEREAS, the City has received an offer to purchase 314 South Lucas Street for the principal sum of $135,000 (the amount the City paid to acquire the home), plus the "carrying costs ", 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, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The City Council does hereby declare its intent to convey a single family home located at 315 South Lucas Street, Iowa City, Iowa, also known as Lot fourt (4)part of Lot 24 in J & J Warren Clark's Addition, for the sum of $212,000, plus the "carrying costs ". 2. A public hearing on said proposal should be and is hereby set for April 1, 2014, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Resolution No. 14 -65 Page 2 It was moved by Throgmorton and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Passed and approved this 25th day of March , 2014. MAYOR ATTEST: A.�, k, R�. CITY CLERK Approved by City Attorney's Office r CITY OF IOWA CITY 3e(3) gum MEMORANDUM Date: March 12, 2014 To: Tom Markus, City Manager From: Chris O'Brien, Director of Transportation Services Re: March 25, 2014 City Council Agenda Item Introduction: At the May 6, 2014 City Council meeting, consideration will be given to a resolution authorizing the filing of an application with Iowa DOT for FY2015 state transit assistance and FTA funding. History /background: This is an annual application filed with Iowa DOT listing capital and operating expenses that we wish to see funded by IDOT and FTA. The projects contained in the application have been programmed by Iowa City Transit for Federal Transit Administration (FTA) Section 5307, 5310 and /or 5339 funds in FY2015. The projects will be included in the FY2015 Iowa DOT Consolidated Transit Funding Application that MPOJC is completing and in the FY2015 -2018 MPOJC Transportation Improvement Program (TIP). Iowa City Transit may not seek funding for all of the projects; however, each project needs to be listed in order to be eligible for funding. Discussion of Solution: Following is a summary of the funds being applied for: State Transit Assistance Program: approximately $428,200 — These are formula funds awarded to the MPO and then distributed between Iowa City Transit, Coralville Transit and the University of Iowa — Cambus. Federal operating assistance for transit: $1,400,381 — These are funds awarded from FTA to provide operational assistance to the transit agency. From federal funds for transit in non - urbanized areas and /or for transit serving primarily elderly persons and person with disabilities: $120,523 — These funds are awarded to Iowa City and committed to para- transit services that are contracted through a 28E Agreement with Johnson County SEATS State -wide federal capital assistance for transit: $17,590,950 — These funds include all of the capital projects that Iowa City Transit wishes to see funded. This sum includes replacement and relocation of the transit facility and the replacement of several buses. A local match of 15% - 20% is commonly required for the award of these funds. Financial Impact: The most substantial financial impact will result from the local match required of the capital projects, especially considering the magnitude of the transit facility replacement and relocation project. This project is estimated at $20 million with an estimated local match of $4 million. The Transportation Services Department has a reserve account, currently just over $3 million, to pay for the local match on the remaining capital projects. Recommendation: Staff recommends passing of the resolution in order to allow the consolidated application to be filed with the Iowa Department of Transportation. Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5053 RESOLUTION NO. 14 -66 RESOLUTION SETTING A PUBLIC HEARING FOR APRIL 15, 2014, ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," SECTION 5, ENTITLED, "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE RESIDENTIAL SOLID WASTE COLLECTION FEES. WHEREAS, pursuant to Chapter 384, Code of Iowa (2013), the City of Iowa City provides certain solid waste collection and disposal services; and WHEREAS, it is in the public interest to increase certain fees and charges associated with said solid waste collection and disposal services; and WHEREAS, the Iowa City City Council proposes to increase residential solid waste collection fees on or after July 1, 2014, to adequately finance operational costs; and WHEREAS, the City Code requires that notice and public hearing on proposed changes in rates for fees and charges for City utilities be provided to the public, prior to enactment of said rates for fees and charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: A public hearing on an ordinance amending Title 3 entitled "Finances, Taxation and Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 5, entitled, "Solid Waste Disposal," of the City Code to increase Residential Solid Waste Collection fees, is to be held on the 15th day of April, 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. 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. Passed and approved this 25th day of March , 2014. Approv d by ATTEST: CITY CLERK City Attorney's Office Resolution loo. 14 -66 Page 2 It was moved by Throgmorton and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton ' l i ,v m CITY OF IOWA CITY MEMORANDUM Date: March 14, 2014 To: Tom Markus, City Manager From: Dennis Bockenstedt, Finance Director RE: FY2015 Refuse Collection rate increase �: (5) Introduction During the fiscal year 2015 budget process, it is part of the budget process to review service charges and fees to ensure that revenue projections are meeting the cost of providing services. The Refuse Collection fund was one of the funds that was identified where projected revenues were falling behind projected expenditures. In addition, the fund balance level in the Refuse Collection fund was already at a minimum level of 14.96% of expenditures. History /Background The current refuse collection service charge is $11.40 per month. The increase proposed as part of the fiscal year 2015 budget was for an increase of $.40 per month or an increase of approximately 3.5 %. The last rate increase for refuse collection services was five years ago in July 2009 for $.50 per month. Last year (fiscal year 2014), miscellaneous refuse fees were also increased for yard waste stickers, bulky items, tire collection, and other miscellaneous charges. Discussion of Solution In order to continue to address the increased cost of operations and the need to have a financially stable and self- sufficient Refuse Collection fund, the proposed solution is to adopt an ordinance that increases the monthly refuse collection fee by $.40 per month. Financial Impact The proposed fee increase is expected to generate an estimated additional $73,000 per year of revenue for the Refuse Collection fund. This additional revenue gives the fund a projected increase in cash balance of $11,177 in fiscal year 2015 rather than a projected decrease of $61,823. The impact on the average household is $4.80 per year Recommendation It is staff's recommendation to adopt the ordinance as presented amending the City's refuse collection charges to incorporate the proposed fee increase of $.40 per month that will be effective on July 1, 2014. Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5053 RESOLUTION NO 14 -67 RESOLUTION SETTING A PUBLIC HEARING FOR APRIL 15, 2014 ON AN ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," ARTICLE 3, ENTITLED, "POTABLE WATER USE AND SERVICE," OF THE CITY CODE TO INCREASE OR CHANGE WATER SERVICE CHARGES AND FEES. WHEREAS, pursuant to Chapter 384, Code of Iowa (2013), the City of Iowa City provides certain potable water use and service; and WHEREAS, it is in the public interest to review certain fees and charges associated with said potable water use and service; and WHEREAS, the Iowa City City Council proposes to increase water service charges by approximately 5% for billing on or after July 1, 2014, and an additional 5% for billing on or after July 1, 2015; and WHEREAS, the City Code requires that notice and public hearing on proposed changes in rates for fees and charges for City utilities be provided to the public, prior to enactment of said rates for fees and charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: A public hearing on an ordinance amending Title 3 entitled "Finances, Taxation and Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Article 3, entitled, "Potable Water Use and Service," of the City Code to increase water service charges, is to be held on the 15th day of April, 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. 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. Passed and approved this 25th day of March , 2014. 4 MAYOR Approved by / ATTEST: 2� CITY ERK City Attorney's Office Resolution loo. 14 -67 Page 2 It was moved by Throgmorton and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton CITY OF IOWA CITY 3e(6) ®�Q7 MEMORANDUM Date: March 18, 2014 To: Tom Markus, City Manager From: Dennis Bockenstedt, Finance Director RE: FY2015IFY2016 Water rate increases Introduction During the fiscal year 2015 budget process, it is part of the budget process to review service charges and fees to ensure that revenue projections are meeting the cost of providing services. The Water fund is one of the funds that has been identified where projected revenues are failing behind projected expenditures. In addition, the cash balance level in the Water fund has declined for the last three consecutive years and is projected to continue to decline. History /Background In May 2008, HDR Engineering completed a comprehensive water rate study for the City. In that study, they identified the City's challenge to maintain capital funding rates equal to or greater than depreciation to ensure the replacement of existing infrastructure. They also recommended that the City implement rate increases of 5% in fiscal year 2010 and 3% in fiscal year 2011 to fiscal year 2017. Since that study, the City has not implemented any of the recommended rate increases. The previous three water rate adjustments were in fiscal years 2003, 2004, and 2007 and were all rate decreases of 5 %. In fiscal year 2011, the Water fund had an ending unassigned cash balance of $10,065,355. At the end of fiscal year 2013, that balance has decreased to $7,242,696. Over that same time period, the Water fund spent $4,436,612 in capital projects funding and was the primary reason for the decrease in cash balance. In fiscal year 2015, the Water fund's unassigned cash balance is projected to decrease to $4,741,660. This is a decrease in cash balance of 52.9% in just four years primarily due to capital improvement expenditures. The City's five -year capital improvement program projects water funding for capital projects over the next three years to be $4,782,272. This figure does not include the cost of repairing emergency water main breaks. Discussion of Solution The Water fund is an enterprise or a business -type fund that is expected to be self- funding. The primary solution is to review water rates and charges to ensure that the fund is generating sufficient revenue to cover its expenses. By implementing a user rate increase of 5% in fiscal year 2015 and 5% in fiscal year 2016, the anticipated decline in the Water fund's cash balance is greatly reduced. This solution also provides for a much healthier and sustainable fund over time versus financing the necessary capital improvements through revenue bonds or other debt. Over time, the bonded debt payments would actually require greater rate increases due to their coverage ratios, reserve requirements, interest charges, and long -term payment schedules. Other miscellaneous water fees and rates have also been reviewed and are proposed to be adjusted to reflect the actual cost of providing those services. The fee for bulk water was adjusted to reflect a similar rate that was being charged for metered water (from $.55 per 200 gallons to $.50 per 100 gallons). In addition, fees for water meter accuracy checks (from $62 to $77), staff overtime services for water meter /hydrant problems (from $70 to $80), and inspection /operation of private fire hydrants (from $88 to $91) were evaluated and adjusted based on the actual staff and equipment costs to provide those private services. The last fee reviewed was the water main extension fee; this fee was last reviewed prior to the construction of the new water plant. The water main extension fee is generally intended to recover a portion of the capital construction cost that the other system users have had to bear. This fee is March 19, 2014 Page 2 currently being proposed to increase at the same rate as the water user charges, 5% in both fiscal years 2015 and 2016. This fee would increase from $395 per acre to $415 per acre in fiscal year 2015 and $435 per acre in fiscal year 2016. In addition to the proposed changes to the above rates and charges, the new ordinance removes the listing of charges for water meters. Water meters are charged to customers based upon the actual cost of the meter to the City; therefore, the rates listed in the previous ordinances were continually becoming outdated, and the City was not recovering their full cost. The City Attorney's office has determined that these charges are not required by Iowa State Code to be listed in the ordinance. It is staff's recommendation that these reimbursement rates be removed from the water rate ordinance and subsequently be adjusted annually by resolution so that they can be updated more quickly to reflect the City's actual cost. Financial Impact The proposed fee increases are expected to generate an estimated additional $408,392 in fiscal year 2015 and $428,812 in fiscal year 2016. This additional revenue is not projected to keep the Water fund's cash balance from decreasing but should slow the pace of decline substantially. The Water fund's cash balance is still budgeted to decrease by $1,099,508 in fiscal year 2015 and by $334,514 in fiscal year 2016. Recommendation It is staff's recommendation to adopt the ordinance as presented amending the City's water use charges and other service charges. as15-1s- Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St, Iowa City, IA; 319 - 356 -3239 (CPA12- 00006) RESOLUTION NO. A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN TO AMEND THE SOUTHWEST DISTRICT PLAN TO CHANGE THE LAND USE DESIGNATION OF PROPERTY LOCATED WEST OF MORMON TREK BOULEVARD, NORTH OF WESTWINDS DRIVE (WALDEN SQUARE) FROM NEIGHBORHOOD COMMERCIAL TO GENERAL COMMERCIAL. (CPA12- 00006) WHEREAS, the Iowa City Comprehensive Plan serves as a land -use planning guide by illustrating and describing the location and configuration of appropriate land uses throughout the City, provides notification to the public regarding intended uses of land; and illustrates the long range growth area limit for the City; and WHEREAS, if circumstances change and /or additional information or factors come to light, a change to the Comprehensive Plan may be in the public interest; and WHEREAS, the Walden Square is located on Mormon Trek Boulevard near the intersection with Benton Street and is a major travel and commuter corridor; and WHEREAS, given its locational convenience, the commercial center draws customers from the entire southwest side of Iowa City in addition to the immediate neighborhoods; and WHEREAS, the established streets, trails, and sidewalks that serve the commercial center safely support vehicle, bike, and pedestrian accessibility; and WHEREAS, the commercial center is nearly fully developed and includes a number of long - established uses, including a grocery store, bank, and drug store, coffee shop; and restaurants; and WHEREAS, some established retail and office uses within the commercial center wish to expand beyond the maximum square footage allowed in the Neighborhood Commercial zone; and WHEREAS, the established development more closely conforms to the requirements in the Community Commercial zone in terms of building setbacks and location of parking; and WHEREAS, the change in land use designation from Neighborhood Commercial to General Commercial and a proposed rezoning to Community Commercial is not anticipated to generate additional traffic along this corridor; and WHEREAS, the Planning and Zoning Commission has reviewed this amendment and determined that circumstances have changed to the extent that an amendment to the comprehensive plan is warranted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The land use designation for Walden Square shall be changed from Neighborhood Commercial to General Commercial in the Iowa City Comprehensive Plan and the Southwest District Plan. Passed and approved this day of 120. MAYOR: Approved by: Resolution No. Page 2 ATTEST: CITY CLERK AA PA Dozo v City Attorney's Office2l! C:\ Users \SHektoen\AppData\Local \Microsoft \Windows\Temporary Internet Files \Content.Outlook \EIUIY9HP \CPA Resolution Walden Square.doc .�, Marian Karr From: Michael Pugh <MPugh @pughhagan.com> Sent: Tuesday, March 25, 2014 4:53 PM To: Marian Karr Cc: Sara Greenwood Hektoen; John Moreland; Eleanor M. Dilkes Subject: Final Plat approval for Windsor West -Part Three Marian- Please consider this email a request to defer the above referenced matter on tonight's agenda to the Council's meeting on April 1St. We are working through some final issues related to the subdivision. Thank you for your consideration. Mike Michael J. Pugh, Attorney Pugh Hagan PLC — Attorneys and Counselors 1100 61h St., Suite 102, Coralville, IA 52241 -1755 office: (319) 351 -2028 1 fax: (319) 351 -1102 1 VCard I Email I PughHa ag n.com Notice: Since email messages sent between you and Pugh Hagan PLC and its employees are transmitted over the Internet, Pugh Hagan PLC cannot assure that such messages are secure. You should be careful in transmitting information to Pugh Hagan PLC that you consider confidential. If you are uncomfortable with such risks, you may decide not to use e -mail to communicate with Pugh Hagan PLC. This message is covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510 -2515, is intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the attorney - client privilege. It should also not be forwarded to anyone else. If you received this message and are not the addressee, you have received this message in error. Please notify the person sending the message and destroy your copy. Thank you. IRS Circular 230 Disclosure: To ensure compliance with the requirements imposed by the IRS, we inform you that (1) any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for purposes of avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed herein or any attachments hereto. Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB13- 00025) RESOLUTION NO RESOLUTION APPROVING FINAL PLAT OF WINDSOR WEST - PART THREE, IOWA CITY, IOWA. WHEREAS, the owner, Arlington Development, Inc., filed with the City Clerk the final plat of Windsor West — Part Three, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the Northwest Corner of Windsor West - Part One, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 266 of the Records of the Johnson County Recorder's Office; Thence N00 °26'53 "W, 1195.68 feet, to a Point on the South Line of Highland Woods, in accordance with the Plat thereof Recorded in Plat Book 46, at Page 160 of the Records of the Johnson County Recorder's Office; Thence N89 °51'33 "W, along said South Line, 97.13 feet, to the Southwest Corner of said Highland Woods; Thence N35 °54'34 "E, along the Northerly Line of said Highland Woods, 12.80 feet; Thence N55 58 00 E, along said Northerly Line, 88.16 feet, to the Northeast Corner of Auditor's Parcel 2012 -024, in accordance with the Plat thereof Recorded in Plat Book 56, at Page 298 of the Records of the Johnson county Recorder's Office; Thence S37 °33'55 "E, along the East Line of said Auditor's Parcel 2012 -024, a distance of 59.81 feet; Thence S00 026'53 "E, along said East Line, 12.59 feet, to the Southeast Corner thereof, and a Point on the South Line of said Highland Woods; Thence S89 051'33 "E, along said South Line, 429.44 feet, to the Northwest Corner of Windsor West - Part Two, in accordance with the Plat thereof Recorded in Plat Book 57, at Page 46, of the Records of the Johnson County Recorder's Office; Thence S18 °39'22 "E, along the West Line of said Windsor West - Part Two, a distance of 187.93 feet; Thence Southwesterly, 59.19 feet, along said West Line on a 550.00 foot radius curve, concave Southeasterly, whose 59.16 foot chord bears S68 015'39 "W; Thence S24 049'19 "E, along said West Line, 187.49 feet; Thence S40 059'01 "W, along said West Line, 279.12 feet; Thence N89 °42'53 "E, along said West Line, 77.11 feet; Thence S27 056'38 "E, along said West Line, 335.19 feet, to the Northern most Corner of Lot 19 of said Windsor West - Part One; Thence S58 038'32 "W, along the North Line of said Windsor West - Part One, a distance of 123.28 feet; Thence S64 47 51 W, along said North Line, 97.88 feet; Thence S29 058'18 "W, along said North Line, 104.37 feet; Thence S21 °19'51 "E, along said North Line, 96.33 feet; Thence S89 033'07 "W, along said North Line, 234.39 feet; Thence S00 °26'53 "E, along said North Line, 29.14 feet; Thence S89 033'07 "W, along said North Line, 130.00 feet, to the Point of Beginning. Said Tract of land contains 12.47 Acres (543,042 square feet), and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2013) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, Resolution No. Page 2 IOWA, THAT: 1. The said final plat and subdivision located on the above - described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The City shall accept dedication of the outlots upon satisfaction of the terms and conditions stated in the Subdivider's Agreement. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner /subdivider. Passed and approved this day of 2014. MAYOR ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: AYES: NAYS: Approved by City Attorney's Office and seconded by ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton the Resolution be 5h Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB13- 00021) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF WESTWINDS SECOND ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, Willowwind Properties LLC, filed with the City Clerk the final plat of Westwinds Second Addition, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the northwest corner of Lot 3 of The Westwinds, to Iowa City, in accordance with the Plat thereof recorded in Plat Book 16, at Page 25 of the Records of the Johnson County Recorder's Office; thence N89 °04158 "E, along the north line of said Lot 3, a distance of 273.39 feet; thence southeasterly, 31.58 feet, along the northeasterly line of said Lot 3 on a 20.00 foot radius curve, concave southwesterly, whose 28.40 foot chord bears S45 041107 "E; thence S00 °27113 "E, along the east line of said Lot 3, a distance of 57.45 feet; thence southeasterly, 51.17 feet, along said east line on a 775.00 foot radius curve, concave northeasterly, whose 51.16 foot chord bears S02 °20'42 "E; thence SO4 °14111 "E, along said east line, 70.86 feet; thence S89 004'58 "W, 140.70 feet; thence N00 055102 "W, 11.13 feet; thence S89 055142 "W, 159.87 feet, to a point on the west line of said Lot 3; thence N00 020'50 "W, along said west lane, 186.02 feet, to the point of beginning. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2013) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above - described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, Resolution No. Page 2 upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner /subdivider. Passed and approved this day of ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: AYES: pcdltemplates /Final Plat - Resolution (2).doc.doc IL .Y6 Approved by and seconded by 2014. City Attorney's Office NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton the Resolution be To: City Council Item: SUB13 -00021 Westwinds Second Addition GENERAL INFORMATION: STAFF REPORT Prepared by: Bailee McClellan, Planning Intern Date: March 25, 2014 Applicant: Willowwind Properties LLC 6900 Harold Avenue Golden Valley, Minnesota 55427 612- 940 -8288 Contact Person: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Neighborhood Open Space District: File Date: 60 -Day Limitation Period: BACKGROUND INFORMATION: Duane Musser 1917 S. Gilbert Street Iowa City, Iowa 52240 319- 351 -8282 d.musser@mmsconsultants.net Final plat approval Development of a 2 -lot residential subdivision South of Melrose Avenue and west of Westwinds Drive 1.31 acres Residential (OPD /RM -12) North: U of I recreation facilities, public (P -2) South: residential (RM -12, OPD /RS -12) East: residential (RM -12) West: West High School, public (P -1) West High (SW6) January 24 March 25, 2014 The applicant, Willowwind Properties LLC, has submitted a final plat of Westwinds Second Addition, a 2 -lot, 1.31 -acre subdivision located south of Melrose Avenue and west of Westwinds Drive. The rezoning of the property from Low Density Multi - Family (RM -12) to Planned Development Overlay /Low Density Multi- family (OPD /RM -12) and the preliminary plat for Westwinds Second Addition were approved on December 3, 2013. The rezoning was approved subject to conditions pertaining to restoration of an existing stormwater facility and easements for 2 vehicular access and parking. ANALYSIS: The final plat of Westwinds Second Addition is in general compliance with the approval of the preliminary plat and subdivision regulations. The Conditional Zoning Agreement requires that the stormwater detention facility on the subject property be restored and a plan for maintenance be provided. Additionally there should be an easement to share the driveway that provides vehicular access to the property and an easement to allow Lot 3 of Westwinds to use the existing parking spaces on Lot 1 and 2 of Westwinds Second Addition. These condition need to addressed in the legal papers. Legal papers and construction drawings are currently being reviewed by staff. It is anticipated that these documents will be approved prior to the March 25 Council Meeting. Neighborhood parkland or fees in lieu of: The Neighborhood Open Space Plan identifies the proposed subdivision as part of the West High Neighborhood Open Space District (SW6). The City's Neighborhood Open Space Ordinance requires the dedication of 4,022 square feet of property or the payment of a fee in lieu thereof. Parks and Recreation has decided to collect fees in lieu of dedication of neighborhood open space equivalent to the value of 4,022 square feet of property. This requirement should be addressed in the legal papers for the final plat. Infrastructure Fees: At the time of final plat approval the applicant will be required to pay $395 per acre for water main extension fees. Payment of these fees should be addressed in the legal papers. STAFF RECOMMENDATION: Staff recommends approval of SUB13- 00021, the final plat of Westwinds Second Addition, a 2 -lot, 1.31 acre residential subdivision located south of Melrose Avenue and west of Westwinds Drive subject to approval of construction drawings and legal papers by the City Engineer and City Attorney. ATTACHMENTS: 1. Location Map 2. 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Ln W �m n� w o 0 z z o w - M Z J % w 60.00' 1 ) w + 52.7" N00'5402 W w�� �} 11 1L,-_ "in N rca � t �m d °�Jwo ai (f) Ln 186.02' (R)(M) N00'20'50 "W w N w� OK OAF zoo aio- �N o o a K2 < aw �u~iaW rc Z� o� ow ?5 o U w <= ww = N xU W 5zw w maw ° z N Nz< aNG <zz y z O a W w Z .z Zoo I w<w N wNi U x OU O LSZW W� N� boo w F U o Fez Fwo _? a = w O w f N m c $ m m � � el m c > •�' s;aW Q U a ca ag& cyo8 n m 3 o z� : g o TN�$ a ^ism 0 o Ic > T U U O 0 1 wl Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 14 -69 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 303 WEST BENTON 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 303 West Benton Street, Iowa City; and WHEREAS, the City has received an offer to purchase 303 West Benton Street for the principal sum of $140,000 (the amount the City paid to acquire the home), plus the "carrying costs" of approximately $4,400, 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 March 4, 2014, the City Council adopted a Resolution proposing to convey its interest in 303 West Benton 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 303 West Benton Street, legally described as the East 44 feet of Lot 1 of Plat of Irregular Survey in School Lot 5, Section 16 -79 -6, 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. 14 -69 Page 2 It was moved by Mims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS x x x x x x x ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Passed and approved this 25th day of March , 2014. ATTEST:��a'��2� CITY CLERK Approved by 'a),� 3 City Attorney's Office As � r i Ai Rio,; DATE: March 17, 2014 CITY OF IOWA CITY MEMORANDUM TO: Tom Markus, City Manager FROM: Kirk Lehmann, Community Development Intern RE: March 25th City Council meeting agenda item: sale of UniverCity Neighborhood Partnership home Introduction On March 25th, City Council will hold a public hearing and vote on a resolution authorizing the conveyance of 303 W. Benton St. as part of the UniverCity Neighborhood Partnership Program. Once this home is sold, the program will have 33 completed homes. 303 West Benton Street Under the UniverCity Neighborhood Partnership, the City proposes to sell 303 W. Benton St. for $140,000 plus carrying costs of $4,400. "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, and real estate taxes. I -Jobs funds were used to rehabilitate and sell the home as a single - family owner occupied home to an income - eligible buyer. Renovations included electrical work, plumbing, new floors in the kitchen and dining room, new light fixtures, a fresh paint job, an updated bathroom, and a brand new kitchen with stainless steel appliances, new cupboards, and new counters. The cost of renovations is not included in the sale price and forgiven once the homeowner has lived there for five years. The home must also be owner - occupied for 20 years. Built in 1950, this home has two bedrooms, one bathroom, a spacious backyard, and 1,290 square feet of finished living space. The buyer will receive down payment assistance in the amount of $5,000. Statement of Fiscal Impact The assessed value of 303 W. Benton St. at the time of purchase was $130,660 and the sale price is approximately $144,400. There will be no impact on the General Fund for ongoing operating expenses. Recommendation This home is located on a street where there are many rentals and after the renovation it has become an asset to the neighborhood and community. Staff recommends approval of the resolution to authorize the conveyance of 303 W. Benton St. as part of the UniverCity Neighborhood Partnership program. March 17, 2014 Page 2 303 West Benton Street — before renovations 303 West Benton Street — after renovations N _ o Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52 1956-50%fn RESOLUTION NO.� y c RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE F MIL - OM? LOCATED AT 303 WEST BENTON STREET.. WHEREAS, the UniverCity Neighborhood Partn rship Program is a oint effort between the University of Iowa and the City to encourage me ownership and re' vestment in designated neighborhoods surrounding the University of I ra; and WHEREAS, the City purchases rental uni located in designated eighborhoods surrounding the University of Iowa, rehabilitates them, And then sells them to in ome- eligible buyers; and WHEREAS, the City purchased and re abilitated a single fam y home located at 303 West Benton Street, Iowa City; and i WHEREAS, the City has received an offe to purchase 303 sum of $140,000 (the amount the City pa to acquire the approximately $4,400, which are all costs i curred by the and sell it, including abstracting and recordi g fees, inter" mowing and snow removal, utilities, real est to taxes, ahc repair and rehabilitate the home; and Best Benton Street for the principal home), plus the "carrying costs" of ity to acquire the home, maintain it on the loan to purchase the home, any costs in excess of $50,000 to WHEREAS, this sale would provide affordable g in a designated area surrounding the University of Iowa; and \ WHEREAS, on March 4, 2014, the City Council a pted a Resolution proposing to convey its interest in 303 West Benton Street, authorizin I. notice of the proposed conveyance, and setting the date and time for the public hearin ; and WHEREAS, following the public hearing n the propos conveyance, the City Council finds that the conveyance is in the public inter t. NOW, THEREFORE, BE IT RESOI ED BY THE CITY COrCIL OF THE CITY OF IOWA CITY, IOWA, that: / \ Upon the direction of th City Attorney, the Mayor and the ity Clerk are authorized to execute a warranty de d conveying the City's interest in 303 est Benton Street, legally described as the Eas 44 feet of Lot 1 of Plat of Irregular Surve in School Lot 5, Section 16 -79 -6, Iowa City, I wa. 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.