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HomeMy WebLinkAboutA017 - Documents sent to Craig Hastings dated January 22, 2015 a s-ho s Re: apology for Westwood Village legal documents Craig Hastings to: Diane R Voss 01/22/2015 10:51 AM History: This message has been replied to. View: (Mail Threads) Sorry for delay, our email has been down for several days. I've been through my file and can' t find the envelope with the abandonment docs. I thought maybe I delivered it to the Recorder but I don' t think I did. I checked with Stacy Herridge and she said they don' t have it. I guess that makes us even, each of us lost a document. : ) If you can arrange for a replacement I'd be happy to pick it up and this time make sure the Recorder gets it. Craig Hastings Hastings Gartin & Boettger LLP 409 Duff Ames, IA 50010 515-232-2501 craighastings@amesattorneys.com CONFIDENTIALITY STATEMENT This electronic message transmission contains information from the law firm of HASTINGS GARTIN & BOETTGER LLP. 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OLD CAF 29a IT 10 DATE: 1 - -14 COUNCIL ACTION FORM SUBJECT: PUBLIC UTILITY AND DRIVE EASEMENT VACATION — WESTWOOD VILLAGE BACKGROUND: The property owner of 145 Marshall recently added a new apartment building to Lot 6. During the review process, it was determined that a public utility easement and a driveway easement on the property are no longer needed due to the ownership and configuration of the new building. The drive easement is also not required due to the fact that all adjacent lots are owned by the same entity. Public Works staff contacted all registered right-of-way users of the existing Public Utility Easement to determine the extent of utilities in the immediate area. All users have indicated that there are no known utilities in the area and the utilities do not have plans to locate facilities in the existing easement. The attached map provides more information on the affected area, as well as descriptions of the easements. ALTERNATIVES: 1. Approve the vacation of the easements as shown and described in Attachment A, and set the date of public hearing for January 13, 2015. 2. Direct staff or the property owner to pursue other options. MANAGER'S RECOMMENDED ACTION: These easements are no longer required to serve their intended purpose. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, thereby approving vacation of the easements as shown and described in Attachment A, and setting the date of public hearing for January 13, 2015. -41 ' Y `� '3649'." k �a A2 � . STORY,S A P y Public Utility Easement v` 30 To Be Vacated �- Driveway Easement To Be Vacated dA 1,4 s i = 95 _d a r g xe� x ?e � wo ;3 r 3621 LINCOLN WA' 1600 »,e, ma .»..�.e.a..,oe..,m �u ,w.,....mw•�-,,..,m.u,,,,,.m.,,»M.en":a,...»�a„ orw ,...m�..�...a:r�i",�.�»,. Westwood Village m1 in = 100 ftH Easement Vacations Scale: Attachment A Date:12/8/21114 Public Utility and Drive Easement Vacation Descriptions - Westwood Village Attachment A Utility Easement: A strip of land 10.00 feet in width across Lots 4, 5 and 6 in the Replat of Westwood Village, City of Ames, Story County, Iowa, being described as follows: Commencing at the Southeast Corner of said Lot 6; thence N00°00'45"E, 52.44 feet along the East line thereof; thence N89°56'17"W, 44.99 feet to the point of beginning; thence continuing N89056'1TW, 167.24 feet; thence S30016'57"W, 73.51 feet; thence S73°03'36"W, 87.00 feet; thence N00°03'43"E, 10.46 feet; thence N73°03'36"E, 80.03 feet; thence N30°16'57"E, 75.34 feet; thence S89056'17"E, 172.98 feet; thence S00°00'00"W, 10.00 feet to the point of beginning. Drive Easement: A part of Lot 6 in the Replat of Westwood Village, City of Ames, Story County, Iowa, being described as follows: Commencing at the Southeast Corner of said Lot 6; thence N00°00'45"E, 43.90 feet along the East line thereof to the point of beginning; thence continuing N00°00'45"E, 24.00 feet; thence N89056'17"W, 148.27 feet; thence S00004'25"W, 48.65 feet to the South line of said Lot 6; thence S59°01'56"E, 32.83 feet along said line; thence N21°04'38"E, 44.46 feet; thence S89°56'17"E, 104.19 feet to the point of beginning. Pu � LEGAL NOTICE TO WHOM IT MAY CONCERN. You are hereby given notice that in connection with Resolution No. 14-645 adopted on December 16,2014,it has been proposed that a public utility easement and drive easement for 145 Marshall be vacated.You are further notified that a hearing on said proposed vacation of the easements will be held in conjunction with the January 13,2015,Regular Meeting of the City Council of the City of Ames, Iowa,scheduled to begin at 7:00 p.m.,in the City Hall,515 Clark Avenue, Ames, Iowa. Any and all persons desiring to be heard for or against the proposed vacation as aforesaid may then appear and be heard. Diane R.Voss,City Clerk ITEM # 10 DATE: 12-16-14 COUNCIL ACTION FORM SUBJECT: PUBLIC UTILITY AND DRIVE EASEMENT VACATION — WESTWOOD VILLAGE BACKGROUND: The property owner of 145 Marshall recently added a new apartment building to Lot 6. During the review process, it was determined that a public utility easement and a driveway easement on the property are no longer needed due to the ownership and configuration of the new building. The drive easement is also not required due to the fact that all adjacent lots are owned by the same entity. Public Works staff contacted all registered right-of-way users of the existing Public Utility Easement to determine the extent of utilities in the immediate area. All users have indicated that there are no known utilities in the area and the utilities do not have plans to locate facilities in the existing easement. The attached map provides more information on the affected area, as well as descriptions of the easements. ALTERNATIVES: 1. Approve the vacation of the easements as shown and described in Attachment A, and set the date of public hearing for January 13, 2015. 2. Direct staff or the property owner to pursue other options. MANAGER'S RECOMMENDED ACTION: These easements are no longer required to serve their intended purpose. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, thereby approving vacation of the easements as shown and described in Attachment A, and setting the date of public hearing for January 13, 2015. 2600-0027-0002: Westwood Village, Plat 2 Subdivision / Drag and drop Jessica Spoden to: dvoss 12/17/2014 02:59 PM Jessica Spoden 2600-0027-0002:Westwood Village, Plat 2 Subdivision/Drag and drop Diane, The Notice for Westwood Village Easement and Drive Access is APPROVED. EAS VAC for Westwood Village.1216.docx D - 113417 1.docx Jessica P m e s Jessica D. Spoden Assistant City Attorney 515.239.5146 phone 1515.239.5142 fax jspoden@city.ames.ia.us I City Hall, 515 Clark Avenue I Ames, IA 50010 www.CitvofAmes.org I —Caring People—Quality Programs'" Exceptional Service" This e-mail message and all attachments transmitted with it may contain legally privileged and/or confidential information intended solely for the use of the addressee(s).If the reader of this message is not the intended recipient,you are hereby notified that any reading,dissemination, distribution,copying,forwarding or other use of this message or its attachment(s)is strictly prohibited. If you have received this message in error,please notify the sender immediately and delete this message and all copies and backups thereof. f MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL AMES, IOWA JANUARY 20, 2015 The Ames City Council met in special session at 5:15 p.m. on the 20th day of January, 2015, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Ann Campbell presiding and the following Council members present: Gloria Betcher, Amber Corrieri, Tim Gartin, Matthew Goodman, Chris Nelson,and Peter Orazem.Ex officio Member Lissandra Villa was absent. Mayor Campbell announced that the primary purpose of this meeting was to concentrate on the five- year Capital Improvements Plan. She stated that public input on the Capital Improvements Plan will be taken on January 27, 2015. WORKSHOP ON THE 2015-2020 CAPITAL IMPROVEMENTS PLAN (CIP): City Manager Steve Schainker emphasized that the Plan outlines the City's funding strategy for major public improvement projects to be completed over the next five fiscal years (2015 to 2020). Projected expenditures in the Plan total$251,885,728. Mr. Schainker explained to the Council that the CIP is not a budget, but a plan; and as such, it is flexible depending on the Council's priorities for funding major projects. He explained that the projects in the first year of the CIP are basically locked in, as the City's budget, when certified, includes those expenditures. Mr. Schainker also announced that public input will be taken at the Council meeting scheduled for January 27, 2015, and again at the Final Budget Public Hearing to be held on March 3,2015. Public Safety - Fire. Fire Chief Shawn Bayouth described three projects that had been in past CIPs:(1)Forty-one Self-Contained Breathing Apparatus units to be purchased one-half in 2014/15 and the other half in 2015/16, (2)Fire Station#2 Restroom renovation to be delayed to 2016/17, and (3) Fire Station #1 Concrete Replacement (Driveway) to be delayed to 2017/18. One new project: Fire Station#2 Roof Replacement was explained. City Manager Schainker stated that, at some point in the future, the City will need to build a new Fire Station somewhere in West Ames. The location has not been determined.A referendum will be necessary to gauge support for a new Station#2.According to Mr. Schainker,a higher priority for a referendum would be for the construction of a new indoor pool. Public Safety - Traffic. John Joiner, Public Works Director, thanked Assistant Director Tracy Warner, Resource Recovery System Manager Gary Freel, Operations Manager Justin Clausen, Transportation Engineer Damion Pregitzer, and Civil Engineer Rudy Koester for their assistance in putting together this year's Public Works CIP. He also recognized Lynn Brennan, Administrative Assistant, who retired on January 9, 2015, for the work she had put in to many CIPs. Director Joiner explained the eight projects under the Traffic program: West Lincoln Way Intersection Improvements,Accessibility Enhancements Program,Regional Transportation Count Program,Traffic Signal Program,Traffic Calming Program,Traffic Engineering Studies,Multi- Modal Roadway Improvements, and U. S. 69 Intersection Improvements Council Member Orazem asked if there would need to be any adjustments to the budget in light of the new church and assisted living facility being constructed on George Washington Carver relative to improvements to the stretch of Stange Road between Bloomington and 24`h. Mr. Pregitzer explained that that was yet to be determined depending on the level of traffic being generated. He advised that a public meeting will be held on January 21 to answer questions and receive input from the community. Utilities - Resource Recovery Plant (RRP). Director Joiner described the two projects being recommended for the RRP, as follows: Resource Recovery System Improvements and Resource Recovery Cold Storage Building.The latter project is shown in the fifth year of the CIP(2019/20) at an estimated cost of$500,000. Utilities -Water Distribution. Public Works Director Joiner explained two projects under this program: Water System Improvements and Campustown Public Improvements. Utilities-Storm Sewer. Director Joiner described the Flood Mitigation-River Flooding project in detail. According to Mr. Joiner, previously issued General Obligation Bonds will pay for a portion of the Flood Mitigation - River Flooding project. Council Member Goodman asked if staff had reached out to the existing business owners along the River about the Flood Mitigation project. Director Joiner indicated that the City had notified them at the flood study stage. Mr. Goodman noted that the existing business owners are made to carry flood insurance.He stated that he is not a"big fan"of this project unless the investors in the area who had developed there knowing that there was a flooding risk think that the project is valuable enough to share in the expense. Council Member Orazem questioned whether Mr. Goodman then felt that home owners near the area should also share in the cost of this project. He also asked if the same principle should apply to other community improvements, e.g., only those who have children in school should pay for improvements to or construction of schools. City Manager Schainker brought the Council's attention to how storm sewer improvements are funded.He noted that the Storm Sewer User Fee had been set by Council and had remained static for several years. The Council will have to decide how much of the storm sewer projects should be generated by the fee versus paid for by property taxes. Mr. Joiner highlighted the other projects planned for this program: Storm Sewer Improvement Program, Storm Sewer Erosion Control Program, Low-Point Drainage Improvements, Storm Water Facility Rehabilitation, Storm Sewer Water Quality Improvements, and Storm Sewer System Analysis. Utilities - Sanitary Sewer. Three projects were highlighed by Mr. Joiner under this Program: Sanitary Sewer Rehabilitation,East Industrial Area Sewer Extension,and Clear Water Diversion. Pertaining to the East Industrial Area Sewer Expansion project, Mr. Joiner reported that the City had not yet reached an agreement with Central Iowa Water Association on the buy-out of the its water service territory.He noted that the sanitary sewer would be wholly the City's responsibility. Council Member Corrieri left the meeting at 6:02 p.m. City Manager Schainker told the Council that he would probably be making a recommendation 2 to hire a consultant to create a Master Plan for the development of the area bounded by 220`h Street to the north, 566`h Street to the west, 241s` Street on the south, and 5901h Street on the east. Mr. Schainker emphasized the importance of water service levels and how things are contingent upon that level of service.He cautioned that if Central Iowa Water Association states that it is going to service the area, it is hoped that it will agree to provide an adequate level of service. Transportation-Streets Engineering. According to Public Works Director Joiner, 12 projects are being recommended under this category. ISU Research Park - Phase III - is a new project slated to begin in 2015/16. Assistant Director Warner went into more detail on the proposed designs for the three roundabouts relative to ISU Research Park-Phase III. She reported on the public input received from the one public meeting that had been held thus far. Other projects explained were Asphalt Street Pavement Improvements,Grand Avenue Extension, Shared Use Path System Expansion,Concrete Pavement Improvements,Arterial Street Pavement Improvements, Downtown Street Pavement Improvements, Seal Coat Pavement Improvements, Right-of-Way Restoration, CyRide Route Pavement Improvements, Collector Street Pavement Improvements, and Cherry Avenue Expansion. Mr. Joiner described the phases of the Grand Avenue Extension project. He reported that that project is very dependent on the receipt of federal and state grants. Mr. Schainker reviewed some possible alternatives for layering on the improvements for the Grand Avenue Extension project. He also emphasized that, through the years of phasing, other projects would be coming on. Transportation-Street Maintenance. Mr.Joiner explained the Bridge Rehabilitation Program, Neighborhood Curb Replacement Program, Pavement Restoration, Right-of-Way Appearance Enhancements, and Shared Use Path Maintenance. Transportation-Airport. Director Joiner reviewed the Airport Terminal Building and Hangar project scheduled to occur in 2015/16 and the Airport Improvements scheduled from 2015/16 through 2018/19.City Manager Schainker summarized past financing discussions held among the City, Iowa State University, and the private sector. He also described the proposed financing arrangements cited in the CIP; G. O. Bond revenue in the amount of$943,000 was being shown in FY 2015/16. Revenue-abated bonds would be repaid from user fees. Mr. Schainker noted that it was anticipated that the increased revenue would be made up from the Fixed Base Operator (FBO) contract. The project assumes that the private sector will construct the hangar and donate the structure to the City of Ames; the projected value is estimated to be $960,000. Discussion ensued about the scope of services contained in the current Fixed Base Operator(FBO) contract. Mr. Schainker reported that the City nets between $80,000 and $90,000 from the FBO contract and fuel flowage fees. Community Enrichment-Public Works. Municipal Cemetery Improvements were described by Mr. Joiner. Lane construction/maintenance will occur in 2014/15 and 2015/16, and water line replacement will occur in 2016/17. The meeting recessed at 7:02 p.m. and reconvened at 7:11 p.m. 3 Water and Pollution Control. Water and Pollution Control Director John Dunn introduced staff present: Assistant Director Christina Murphy, Environmental Engineers Kris Evans and Neal Weiss, Environmental Specialist Mike Klocke-Sullivan, and Dave Blumer, ??? Supervisor. Mr. Dunn highlighted the New Water Treatment Plant (15-million-gallon/day facility) construction project.The"all in"cost estimate is$71,145,000;the CIP shows$74,034,000,which includes a 5% contingency. Council Member Betcher asked if the City would realize $835,000 worth of benefit, which is the cost of LEED registration and commissioning, permits, special inspections, and equipment allowances. Mr. Dunn replied that the City would receive approximately $6 million worth of benefit from LEED certification. Council Member Corrieri returned to the meeting at 7:21 p.m. Other CIP projects for 2015/16 to 2019/20 were described as:Water Supply Expansion,Advanced Metering Infrastructure,Water Plant Facility Improvements, Source Water Protection Plan,Well Field Standby Power, and Old Water Treatment Plant Demolition. Pertaining to the Advanced Metering Infrastructure,Mr.Dunn advised that the current meters are very efficient;however,the market is driving Ames to upgrade its meters; i.e., the City cannot purchase the type currently being used as they have become obsolete. Utilities-Water Pollution Control.Director Dunn said 11 projects are being recommended for the Utilities Program. Descriptions were given for the following projects: Residuals Handling Improvements, Digester Improvements, Flow Equalization Expansion, Facility Improvements, Clarifier Maintenance, Mechanical & HVAC Replacements, Electrical System Maintenance, Structural Rehabilitation, Lift Station Improvements, Co-Generation System Maintenance, and Nutrient Reduction Modifications. Mr. Dunn told the Council that the Iowa Nutrient Reduction Strategy was released by the Iowa Department of Natural Resources in 2013.It requires the state's 102 largest municipal wastewater facilities to install technically and economically feasible process changes for nutrient removal. The next NPDES Permit for Ames will be issued in 2015. Within two years of that Permit re-issuance,Ames must submit to IDNR a preliminary engineering report that evaluates the cost and feasibility of installing nutrient reduction at the facility.Mr.Dunn noted the cost of the project would be approximately$35,884,000.Efforts are underway to come up with lesser-expensive alternatives to achieving compliance and to influence the direction the requirement is going to go. There is approximately $8 million worth of maintenance that would need to be done anyway. Mr. Dunn reported that the top 102 municipal dischargers will pay approximately $1 billion to install equipment to meet the standards. and will cost approximately $ to run; the equipment is extremely electric-intensive. Electric Services. Donald Kom,Director of Electric Services advised that he would be presenting projects totaling $55 million over the next five years. He reviewed capital projects broken down into three categories: Electric Services, Transmission/Distribution, and Power Plant. Mr. Kom advised that no changes are being recommended to the Demand-Side Management Energy Conservation Programs.There is$1 million budgeted per year for each of the next five years;this amounts to 9.1% of Electric Services five-year budget. Public Safety- Electric. Director Kom explained that the siren to provide coverage to the Northern Growth Area along Grant Avenue and near Ada Hayden Heritage Park will be added to 4 the Outdoor Storm Warning System in 2015/16. Electric - Transmission & Distribution. Four projects were highlighted in the Transmission category:69kV Transmission Reconstruction, 16 1 kV Line Relocation,Top-O-Hollow Substation Expansion, and Ontario Substation 69 kV Breaker Addition. Four projects were explained under the Distribution category: Mortensen Road Feeder Reconstruction, Dayton Avenue Substation Upgrade,Mortensen Road Transformer Protection,and Vet Med Substation Switchgear Upgrade. These projects represent approximately 16% of the overall budget. Electric - Power Plant. Ten of Electric Service's CIP projects fall under the category of the Power Plant: Units #7 and #8 Fuel Conversion, Continuous Emissions Monitoring System Replacement, Relay/Control Replacement, New Electric Generation Capacity, Cooling Tower Repairs, Power Plant Roof Replacement, Unit #7 Boiler Tube Repair, Feedwater Heater Tube Replacement, Unit #7 Turbine Generator Five-Year Overhaul, and Unit #8 Turbine Generator Five-Year Overhaul. The Power Plant improvements represent 74.3% of the Five-Year Budget. Transportation-Transit. Transit Director Sheri Kyras described five projects planned for the next five years, as follows: Vehicle Replacement, Building Expansion and Modernization, CyRide Shop/Office Equipment, Bus Stop Improvements, and Technology Improvements. The bus replacement schedule was reviewed by Director Kyras. She also stated that the bus stop improvements are funded with 80% federal dollars. Under the Technology Improvements program, the building security system will expand to the maintenance shop and bus storage. Parks & Recreation. Keith Abraham,Director of Parks and Recreation,briefed the Council on ten projects, as follows: Park System Improvements, Recreation Facility Improvements, Playground Equipment Improvements, Municipal Pool, Ada Hayden Heritage Park, Furman Aquatic Center,Ames/ISU Ice Arena,Homewood Golf Course,Moore Memorial Park Pedestrian Bridge,and Rose Prairie Park.It was reported by Director Abraham that the Parks and Recreation Commission had made a recommendation to the City Council to approve the CIP projects. At the inquiry of Council Member Betcher, Mr. Abraham updated the Council on the sand volleyball courts; they will now be located in Inis Grove Park near the tennis courts, not Emma McCarthy Lee, as was originally planned. The cost of construction was estimated at $150,000; however, City staff will be constructing the courts, and savings will be realized. Noting the controversy surrounding the sand volleyball courts originally proposed to be located in Emma McCarthy Lee Park,Council Member Goodman suggested that it might be worth trying a pilot project when there is anticipated objection to a project. He thought perhaps if people experienced it, they might not be so objectionable. Pertaining to the Municipal Pool, the Joint Use Agreement between the City and the Ames Community School District will expire on April 30,2015.It has been proposed that the Agreement be expanded until 2017 and will be coming to Council for approval in the next few weeks. Council Member Gartin asked to know, if possible,attendance numbers at Ada Hayden Heritage Park. Discussion ensued about the possibilities of additional programming that could come to fruition 5 when the current clubhouse is replaced in 2018/19. City Manager Schainker noted that Director Abraham had shifted some priorities due to unexpected expenses arising. He had asked Mr. Abraham to list those and report back to the City Council. Facilities/Fleet Services. Facilities/Fleet Services Director Corey Mellies explained the City Hall Improvements and City Maintenance Facility Improvements projects. Funds in the amount of $50,000 are allocated per year for equipment or system failures. City Manager Schainker noted that,in closing out FY 2013/14 and 2014/15,there is an unusually high carry-over balance. Mr. Schainker reiterated his recommendation to the Council to use a larger-than-anticipated ending balance for one-time projects; one of those projects might be City Hall improvements. He does not recommend lower property taxes with the carry-over balance because the next year when there is not a large carry-over balance,taxes would have to be raised. Community Enrichment. City Manager Steve Schainker said there were no changes proposed for the Neighborhood Improvement Program or the Downtown Facade Program. Mr. Schainker noted that the Campustown Facade Program has been added to the CIP in the amount of $50,000/year for five years. Conclusion. City Manager Schainker noted that the CIP could change based on future Council decisions on pending issues.He reiterated that public input on the CIP will be accepted on January 27. COUNCIL COMMENTS:Moved by Goodman,seconded by Nelson,to refer the request pertaining to the Jefferson Highwayto City Manager Schainker for response. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Goodman, seconded by Gartin, to direct staff to provide the report formerly written pertaining to community internet. Vote on Motion: 5-1. Voting aye: Betcher, Corrieri, Gartin, Goodman, Nelson. Voting nay: Orazem. Motion declared carried. It was concurred that the Amcor matter was already being handled by staff. CLOSED SESSION:Moved by Betcher,seconded by Gartin,to hold a Closed Session,as provided by Section 21.5(l)(a) Code of Iowa. Council Member Gartin asked City Attorney Parks if there was a legal reason to go into Closed Session. Ms. Parks replied in the affirmative. Roll Call Vote: 6-0. Motion declared carried unanimously. The meeting reconvened in Regular Session at 9:21 p.m. ADJOURNMENT: Moved by Betcher to adjourn the meeting at 9:22 p.m. 6 Diane R. Voss, City Clerk Ann H. Campbell, Mayor 7