When analyzing requests for the vacation of public rights-of-way, City Staff considers the following:

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1 February 13, 2017 From: To: Subject: Maggie Carlin Mayor Bemrich and City Council Set public hearing for alley vacation request for north 98' of existing north/south alley south of 5th Avenue South between South 17th and 18th Streets ACTION: Set public hearing for February 27th, Brief History The applicant, Peoples Credit Union, has submitted an alley vacation application for a portion of existing public alley south of 5th Avenue South in the block between South 17th and South 18th Streets, as shown on the attached map. Peoples Credit Union is looking to construct a new building at this location along 5th Avenue South, and ownership of this northern alley portion will help with redevelopment efforts. In addition to this northern alley portion proposed for this vacation, Peoples Credit Union is also looking to obtain ownership of lands both immediately east and west of this alley area for a combined redevelopment site comprised of ~1 acre. If/when these developable lands have been secured, Peoples Credit Union will begin work on site plan submittal materials for review by the Site Plan Review Committee. When analyzing requests for the vacation of public rights-of-way, City Staff considers the following: Parking, transportation, and access; liability, safety and maintenance; abutting property owner's access, support and other impacts; existing or proposed utilities and potential city improvement projects; and consistency with the City's Land Use Plan Analysis of Issue Parking, Transportation, and Access Currently this alley within the block is driveable north/south for its entire extent as a gravel alley, with a north access off of 5th Avenue South and a south access off of 6th Avenue South. There are 6 residences which utilize the alley for access to their rear garages/rear parking. All of these residences are south of the requested northern 98' for vacation by Peoples Credit Union. If the City vacates the north 98' of this alley, Public Works has requested that a permanent access easement be established for a driveable portion through the redevelopment site; meaning that upon disposition of the northern portion, the alley will not dead end at the vacation point because a through-access drive area will instead be reconfigured so that traffic can still maneuver through the alley from the south and then out onto South 17th Street, South 18th Street, or 5th Avenue South. The specific layout of this through-access onto the Peoples Credit Union developable land has yet to be determined, but will be reviewed for Statewide Urban Design and Specification (SUDAS) compliancy once a site plan has been submitted for review.

2 Public Works has requested this permanent access be established for purposes snow removal and regular alley maintenance. Liability, Safety and Maintenance Fire has reviewed the vacation request. The portion of alley proposed for vacation should not have an impact on emergency vehicle access, as all of the existing primary residences within this block portion have street frontages off of South 17th Street, South 18th Street, 5th Avenue South, or 6th Avenue South. Abutting Property Owner's Notice Notice was mailed to all adjacent property owners and residents within Block 13 of the Fairview Addition. In this notice, it was noted that if vacated, the City intends on disposing of such property to a developer for a redevelopment project along this portion of 5th Avenue South. At the time of compilation of this staff report, the following comments were received: Dan Doolittle, property owner at th Avenue South - called on January 16th. He owns the vacant gas station just east of the alley area proposed for vacation and is supportive of the alley vacation request. Doug Ostbloom, property owner at 526 South 18th Street - called on January 17th and is supportive of this alley vacation request, so long as the south end of this alley that will remain as public alley is maintained in manner that is driveable to ensure continued access from the south for neighbors of the block. City Staff notes on this comment received: After this comment received, Public Works confirmed that they will perform standard alley maintenance on alley in Spring 2017 when weather allows to ensure south portion remains driveable. Mark Fritz, property owner at 524 South 18th Street - called on January 18th and is supportive of the alley vacation request proposed. Lyle Kraft, property owner at th Avenue South - called on January 20th and opposes vacation of the northern portion of the alley, as he is concerned about increased traffic and decreased maintenance. Utilities and City Improvement Projects Each public and private utility was contacted; responses were as follows: MidAmerican - MidAmerican has an existing pole at the SE corner of the alley area proposed for vacation and will require that an access easement be established for this pole prior to disposition. Aureon - there are no Aureon utilities present within this alley area proposed for vacation. Frontier Communications - Frontier has reviewed the alley vacation request, and may have a utility conflict toward the southern portion proposed for vacation. Frontier is currently locating this potential utility conflict, and if such conflict exists, they will require an access easement be established prior to disposition. Mediacom - no comments received. City Utilities - has reviewed and there are no concerns with the alley portion proposed for vacation, as there are no City utilities running north/south within this alley area. Public Works - See comments in 'Parking, Transportation, and Access' Section. City Engineering - has reviewed the alley vacation request and is fine with such vacation so along as an access easement is established per Public Works' comments. Once a site plan has been submitted, Engineering will review the flow of traffic proposed on the redevelopment site to make certain that it will meet Statewide Urban Design and Specification (SUDAS) standards. Another comment received from Engineering is that

3 this redevelopment site is to be developed in a way that coordinates with future street improvement projects planned for this area of 5th Avenue South. Land Use The use proposed for this location is consistent with Re-Envision 2030, as Re-Envision 2030's Future Land Use Map designates this area for commercial-type development. This alley vacation/development request is also consistent with the 2008 Corridors of Commerce Action Plan, as the development will be required to meet enhanced site and building design requirements of the Corridor Commercial Overlay (O-CC). Upon establishment of the required drive access and private utility easements, no negative impacts are foreseen in relation to abutting properties; parking, transportation, and access; liability, safety and maintenance; utilities and city improvement projects; or land use. Budget Impact Alley vacation/disposition requests typically do not entail any City expenditures. Existing Plan Impact Re-Envision 2030 supports this alley vacation request through the following objectives: Objective 1 of Goal 1: Encourage infill development in areas already within the City's boundaries. Objective 3 of Goal 9: Support the creation of larger local commercial lots in order to accommodate more functional development and buffering against residential areas. Subcommittee or Commission Review / Recommendation The Plan and Zoning Commission reviewed this alley vacation request during their meeting on Tuesday, January 24th and voted 6-0 in favor of recommending this alley vacation request to City Council. Staff Conclusions / Recommendations Subject to public comment received during the hearing, Staff is recommending approval of the alley vacation for the northern 98' of alley as shown in the attached map, subject to the following condition: All required easements, including the drive access and private utility easements, shall be executed and recorded as part of the disposition process. Alternatives The alternative exists to not set the public hearing/not approve the vacation request. Implementation and Accountability If the vacation request is approved, the City will dispose of the alley to the applicant upon documentation that all of the necessary easements have been executed. Approved By: Department: Status: David Fierke City Manager's Office Approved - 07 Feb 2017 Chad Schaeffer BACGEI Approved - 07 Feb 2017

4 Alley Vacation/Disposition Map 5TH AVE S I 98'x20' alley proportion proposed for vacation/disposition. 98' 20' S 17TH ST S 18TH ST Any portion south of yellow area will not be considered for vacation and will remain driveable as a public alley. Pink boundary is potential development area TH Feet AVE S Legend _Parcel_Data The parcel data showin is estimated only and should not be interpreted as an official survey.

5 Google Street View July 2015 North End of Alley Google Street View August 2013 South End of Alley Aerial Imagery 2015

6 Prepared by Maggie Carlin, Business Affairs & Community Growth, st Ave. South, Fort Dodge, Iowa 50501, Return to Business Affairs & Community Growth, st Ave. South, Fort Dodge, Iowa ORDINANCE NO. ORDINANCE PROVIDING FOR THE VACATION OF PUBLIC RIGHT-OF-WAY CITY OF FORT DODGE, WEBSTER COUNTY, IOWA BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF FORT DODGE, IOWA: SECTION I. PURPOSE. The purpose of this Ordinance is to vacate that portion of public right-of-way located in Webster County, Iowa, described as follows: THE SOUTH 98 OF THE NORTH 100 OF THE ALLEY IN BLOCK 13 IN THE FAIRVIEW ADDITION TO FORT DODGE, IOWA SECTION II. The City Council of the City of Fort Dodge, Iowa, hereby makes the following findings: 1. The proposed vacation of the above-described portion of public right-of-way does not negatively impact abutting property owners, parking, transportation, safety, public utilities, or land use; 2. That the applicant will be the adjacent landowner prior to disposition and is desirous of obtaining said property; 3. That the necessary public and private easements will be executed and recorded as part of disposition; 4. The Public Notice of this intended vacation and the dates, time, and place on which the Council would first consider the vacating Ordinance has been heretofore published, as by law required. SECTION III. The public right-of-way, above described, is hereby declared vacated. SECTION IV. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. If any Section, provision, or part of this Ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole, or any Section, provision, or part thereof not adjudged invalid or unconstitutional.

7 SECTION VI. This Ordinance shall be in effect after its final passage, approval, and publication, as by law provided. Passed and approved by the City Council of the City of Fort Dodge, Iowa, this day of, AD, First consideration day of Ayes: Nays: Other: Second consideration day of Ayes: Nays: Other: Third consideration day of Ayes: Nays: Other:

8 (City Seal) CITY OF FORT DODGE BY: ATTEST: Matt Bemrich, Mayor Jeff Nemmers, City Clerk STATE OF IOWA, WEBSTER COUNTY, ss: On this day of, 2017 before me, the undersigned, a Notary Public in and for said State, personally appeared Matt Bemrich and Jeff Nemmers to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said corporation, that the seal affixed thereto is the seal of said corporation, that said instrument was signed and sealed on behalf of said corporation by authority of its City Council; and that the said Mayor and City Clerk 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. Dawn M. Siebken, Notary Public

9 RESOLUTION NO. RESOLUTION PROPOSING VACATION AND DISPOSITION OF PUBLIC RIGHT-OF-WAY AND AFFIXING A DATE FOR A PUBLIC HEARING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT DODGE, IOWA: That the City Council of the City of Fort Dodge, Iowa, hereby proposes to vacate and dispose of the following public right-of-way located in Webster County, Iowa, as described as follows: THE SOUTH 98 OF THE NORTH 100 OF THE ALLEY IN BLOCK 13 IN THE FAIRVIEW ADDITION TO FORT DODGE, IOWA A public hearing will be held on the 27 th day of February, 2017 AD, at 6:00 p.m. in Council Chambers of the Fort Dodge Municipal Building, Fort Dodge, Iowa, at which time the Council will hear objections to the vacation and disposition of said public right-of-way. The City Clerk is hereby directed to publish notice of said hearing, as by law required. Passed and approved by the City Council of the City of Fort Dodge, Iowa, this 13 th day of February, 2017 AD. Ayes: Nays: Other: CITY OF FORT DODGE ATTEST: BY: Matt Bemrich, Mayor Jeff Nemmers, City Clerk

10 PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Fort Dodge, Iowa, hereby proposes to vacate and dispose the following public right-of-way located in Webster County, Iowa, as described as follows: THE SOUTH 98 OF THE NORTH 100 OF THE ALLEY IN BLOCK 13 IN THE FAIRVIEW ADDITION TO FORT DODGE, IOWA A public hearing will be held on the 27 th day of February, 2017 AD, at 6:00 p.m. in the Council Chambers of the Municipal Building, Fort Dodge, Iowa, at which time the Council will hear objections to the vacation and disposition of said public right-of-way from any interested party. JEFF NEMMERS, CITY CLERK Published in the Fort Dodge Messenger this day of, 2017.