G.1. Motion to approve Project Calendar regarding Planning and Development Department Payments as follows:

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1 G.1.a th Avenue, Suite 210 Marion, Iowa council memo DATE: Friday, June 1, 2018 TO: FROM: RE: Mayor and City Council Tracey Bellach, Administrative Assistant G.1. Motion to approve Project Calendar regarding Planning and Development Department Payments as follows: a. Resolution No. approving payment No. 18 to Anderson Bogert Engineers per the contract for the Grant Wood Trail Extension Project (Iowa DOT Project No.TAP-U-47775(628)8I-57) in the amount of $ Exhibit(s): Invoice The contract is for engineering services related to the Grant Wood Trail Extension Project (from Highway 13 to 35 th Street). City Council approved the contract by Council Resolution No on August 7, Please see the attached exhibit for further explanations. Phone (319) tbellach@cityofmarion.org Fax (319)

2 Phone (319) Fax (319)

3 G.1.b council memo DATE: Friday, June 1, 2018 TO: FROM: RE: Mayor and City Council Tracey Bellach, Administrative Assistant G.1. Motion to approve Project Calendar regarding Planning and Development Department Payments as follows: b. Resolution No. approving payment No. 6 to Shoemaker Haaland per the contract for the CeMar Trail (Iowa DOT Project Number: TAP-U-4475(630)8I-57) in the amount of $14, Contract amount remaining $478, Exhibit(s): Invoice The contract is for engineering services related to the CeMar Trail Project (from the southwest City limits to approximately 7 th Street and 7 th Avenue roundabout). City Council approved the contract by Council Resolution No on August 3, 2017, which was fully approved by the Iowa DOT on September 18, Please see the attached exhibit for further explanations.

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6 G.1.c council memo DATE: Friday, June 1, 2018 TO: FROM: RE: Mayor and City Council Tracey Bellach, Administrative Assistant G.1 Motion to approve Project Calendar regarding Planning and Development Department Payments as follows: C. Resolution No. approving payment no. 32 to Universal Field Services, Inc for services related to right-of-way acquisitions for the Central Corridor Improvement Project, 13 th Street to 31 st Street in the amount of $ Exhibit(s): a. Invoice The City has received an invoice from Universal Field Services for work associated with right-ofway acquisitions within the Central Corridor Improvement Project area. City Council approved the contract by Council Resolution No on September 17, Please see attached invoice for further explanations.

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8 G.1.d 1 council memo DATE: Thursday, May 31, 2018 TO: FROM: Mayor and Marion City Council Tracey Bellach, Administrative Assistant RE: G.1. Motion to approve Project Calendar regarding Planning and Development Department Payments as follows: d. Resolution No. approving payment No. 4 to RDG Planning and Design for services related to an update to the Neighborhood at Indian Creek Master Plan in the amount of $2, Contract amount remaining $16, Exhibit(s): Invoice The City of Marion has received an invoice from RDG Planning and Design for services related to an update to the Neighborhood at Indian Creek Master Plan. City Council approved the contract by Council Resolution No on November 9, 2017 for $38,100. The remaining balance of the contract after this payment will be $16, Please see attached invoice for further explanation.

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10 G th Avenue, Suite 210 Marion, Iowa council memo Friday, June 1, 2018 TO: FROM: RE: Mayor and City Council Kesha Billings, AICP Associate Planner Public hearing regarding annexation request from Genesis Equities Land Holding LLC for property east of Partners Avenue and south of Marion Airport Road Marion, Iowa. Resolution No. approving annexation request from Genesis Equities Land Holding LLC for property east of Partners Avenue and south of Marion Airport Road, Marion, Iowa. Exhibits: Annexation Application Synopsis: This is the approval of a voluntary annexation petition for two properties south of Marion Airport Road (See Location Map). The annexation totals acres with no associated right-of-way. On April 19 th the City Council received the annexation application and directed staff to proceed with the 100% voluntary petition. Since both properties included in this annexation are voluntary AND outside of the 2-mile review boundary of other communities, the annexation schedule and notification requirements are significantly less than previous annexation requests that have come before the City Council. Should the Council vote favorably on this request, the annexation will be recorded with the Linn County Recorder and a copy filed with the Secretary of State to finalize the process. Phone (319) kbillings@cityofmarion.org Fax (319)

11 Medco Dr Enterprise Dr Hindman Rd LOCATION MAP Dubuque Rd Marion Airport Rd Genesis Annexation LOCATION MAP MARION Secrist Rd

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16 th Avenue, Suite 210 Marion, Iowa G.4 council memo DATE: Wednesday, May 30, 2018 TO: Marion City Council FROM: Nicole Burlage Planner I RE: G.4 Resolution No. setting June 21, 2018 as a public hearing regarding the property east of the Marion Airport Runway and south of Marion Airport Road to amend the Future Land Use Map of the Marion Comprehensive Plan from Business Park/Office to Light Industrial and to Corridor Commercial and from Light Industrial to Corridor Commercial and a request to Rezone from Restricted Industrial, I-1 to General Commercial, C-3 and from Linn County Agricultural to Restricted Industrial, I-1 and to General Commercial, C-3 (Genesis Equities Land Holding, LLC). Background: In 2015, the Marion Airport runway and facility, along with the property to the east, was annexed into the City. Shortly after the annexation being complete, a Future Land Use Map amendment was approved, changing Business Park/Office to Light Industrial. At that same time, the rezoning was also changed from Rural Restricted, A-1 to Restricted Industrial, I-1. A portion of the property included within the request is currently located within Linn County s jurisdiction. The applicant submitted a 100% voluntary annexation application and that process for consideration for approval is presently underway. The anticipated completion for the annexation into the City is mid-june. Comprehensive Plan / Future Land Use Map Amendment Request: A portion of the 2015 approved amendment will remain, while a portion is being proposed to change to Corridor Commercial. The applicant, Genesis Equities Land Holdings, LLC, is seeking approval of an amendment to the Future Land Use Map of the Marion Comprehensive Plan. They are proposing to change the current Phone (319) nburlage@cityofmarion.org Fax (319)

17 Marion Comprehensive Land Use Map Amendments: 2015 Amendment 2018 Proposed Amendment Business Park/Office Corridor Commercial Light Industrial

18 th Avenue, Suite 210 Marion, Iowa G.4 designation of Business Park/Office to Light Industrial and Corridor Commercial as well as a portion of Light Industrial to Corridor Commercial. Rezoning Request: Genesis Equities Land Holdings, LLC and LuxAir Aviation, LLC have submitted a rezoning request which is in-line with their Comprehensive Plan amendment request. They are seeking to rezone the property from Restricted Industrial, I-1 to General Commercial, C-3 and from Linn County Agriculture to Restricted Industrial, I-1 and General Commercial, C-3. The existing Restricted Industrial, I-1 zoning designation that the airport and adjacent facilities currently are classified was established with the 2015 rezoning of the property after it was annexed into the City. In the future there will be zoning specific to the airport. Houseal Lavigne Associates was hired by the City, via a grant match with the Iowa DOT, to prepare a Marion Land Use Plan and Zoning Code Update for the Marion Airport. We have received a draft plan of the Existing Conditions Report. A final Marion Land Use Plan and Zoning Code Update plan is anticipated to be completed by the end of summer Recommendation: The Planning and Zoning Commission s recommendation to City Council will be included within the staff report regarding the request. Staff recommends APPROVAL of setting the date for the public hearing for June 21, 2018 regarding the comprehensive plan amendment and rezoning request. Phone (319) nburlage@cityofmarion.org Fax (319)

19 G th Avenue, Suite 210 Marion, Iowa council memo DATE: Thursday, May 31, 2018 TO: FROM: Mayor and City Council Nicole Burlage Planner I RE: G.5 Resolution No. approving the Final Plat and Memorandum of Agreement for Echo Hill 3 rd Addition for property located east of Alburnett Road and north of Echo Hill Road (Integrity Custom Homes, Inc.). Exhibit(s): Exhibit A: Echo Hill 3 rd Addition Final Plat - Proposed Exhibit B: Memorandum of Agreement The applicant, Integrity Custom Homes, Inc., is seeking approval of a final plat and memorandum of agreement regarding Echo Hill 3 rd Addition Final Plat. The proposed final plat consists of thirtyseven (37) single-family lots on acres for property located east of Alburnett Road and north of Echo Hill Road. The proposed final plat has one additional lot compared to the approved preliminary plat, which showed Waveland Drive terminating into a cul-de-sac. When the Water Department purchased property (Lot 1, Echo Hill 2 nd Addition), the court was eliminated, and the right-of-way was used to create the additional lot. The preliminary plat that was approved by City Council in May 2007 per Resolution No Public improvements associated with this subdivision are currently being installed. Recommendation: Staff recommends APPROVAL of Echo Hill 3 rd Addition Final Plat and Memorandum of Agreement. The final plat is consistent with both the Marion Comprehensive Plan of single-family detached residential and current zoning designation of R-2, Medium Density Single-Family Residential. It also meets the standards of Chapter 175, Subdivision Regulations and Chapter 176 Zoning Regulations. Phone (319) nburlage@cityofmarion.org Fax (319)

20 Exhibit A

21 Exhibit B MEMORANDUM OF AGREEMENT In this memorandum of agreement, the City of Marion, Linn County, Iowa will be known as the City ; Integrity Custom Homes, Inc. will be known as the Owner. WHEREAS, Section of the Municipal Code of the City of Marion, Linn County, Iowa requires the developer of new subdivisions located within the City to construct, or give satisfactory assurance to the City that it will construct certain improvements; and, WHEREAS, the Owner, above described, is now in the process of subdividing the premises legally described as follows to wit: NOW, THEREFORE, IT IS AGREED AS FOLLOWS: See Exhibit A which subdivision shall be known as Echo Hill Third Addition to the City of Marion, Linn County, Iowa. 1. That the Owner has provided cash for paving escrow for non-constructed improvements in the amount of $63, for remaining public improvements to Water Tower Road construction associated with the Echo Hill Third Addition as required by Section A of the Code of Ordinances. Not paid as of That the Owner has provided cash/surety/letter of credit in the amount of $xxxx.xx (120% of the cost estimate of remaining public improvements) associated with the Echo Hill Third Addition as required by Section A of the Code of Ordinances. Not paid as of That the Owner has provided assurance that all improvements will be constructed and will perform to City Standards as required by Chapter 175, Subdivision Ordinance, by a) filing maintenance bonds with the City of Marion for all applicable public improvements; or B) at the option of the City Engineer, the Owner can make a cash payment to the City s Construction Maintenance Self-Insurance Fund. 4. That the Owner shall complete, and the City shall accept, all the items applicable to said subdivision set forth in the plan of improvements, not later than the earlier of a) one (1) year from the date of passage of the City Council Resolution approving the memorandum of agreement unless specifically extended by the Council; or b) occupancy of a newly constructed principal structure built upon a lot in the subdivision, with the following exception: a. Construction of sidewalk shall be as described in paragraph 4 below. b. Liquidated damages in the amount of $ per calendar day shall be assessed for each day in excess of these limits. 5. That the Owner will either construct, or cause to be constructed, within said subdivision all sidewalk required by Section D of the Code of Ordinances as follows: a. That said sidewalk shall be constructed to meet City Engineer s specifications adjacent to each lot in the subdivision as part of the construction of a principal structure on each lot. b. Notwithstanding the above, the Owner agrees to construct sidewalk adjacent to any lot which has not had sidewalk constructed within five (5) years of the date of approval of the final plat (Ordinance 14-11) or for which the City Council passes a resolution of necessity within a period of time established within said resolution of necessity. 6. That the City acknowledges that the Owner has paid a filing fee in the amount of $ (Receipt # ). 7. That the City acknowledges that the Owner has paid a stormwater management fee in the amount of $4, (Receipt # ). Not paid as of That the City acknowledges that the Owner has submitted the sanitary sewer hook-up fee per Ordinances 02-23, 01-38, 02-7 and in the amount $27, (Receipt # ). Not paid as of That permanent street signs and such temporary signs or barricades as may be required by the City Engineer shall be installed at the Owner s expense and in accordance with Section L of the Code of Ordinances. Permanent street signs shall be installed by the City of Marion. It shall be the responsibility of the Owner to coordinate the installation of permanent street signs with the City of Marion. 10. That street lighting shall be installed at the Owner s expense in accordance with Section K of the Code of Ordinances. The Owner has provided an acceptable verification of payment to the appropriate utility company for said street lighting installation. Phone (319) nburlage@cityofmarion.org Fax (319)

22 11. That any public streets that provide for street parking of vehicles shall limit the parking of vehicles to only one side of each street. The City Engineer shall review the sides designated for vehicle parking and may direct revision if he determines that the other side of any street is the side that should be designated for parking. a. There shall be no parking on the north side of Waveland Drive. b. There shall be no parking on the south side of Shadow Creek Lane. c. There shall be no parking on the east side of Cedar Ridge Drive. d. There shall be no parking on the east side of Ridge Line Drive. e. There shall be no parking on all of the Echo Hill Road. f. There shall be no parking on all of the Water Tower Road. 12. That at a minimum, there shall be planted one tree at each single-family residential lot. Such tree shall be located in the required front yard. Trees and shrubs shall be nursery grown, free from disease, balled burlapped, and planted, staked, and /or guyed in accordance with arborists practices for this area. Varieties and locations of trees planted in accordance with this section shall be subject to all other applicable city ordinances and regulations. 13. That the Owner has signed an Erosion Control Affidavit regarding the subdivision in conformance with Section C of the Code of Ordinances and agrees to maintain and control the premises so as to prevent erosion. The Owner further assumes responsibility for any costs associated with erosion and/or siltation as a result of development of this subdivision. 14. That all public improvements shall be constructed to City standards and shall be inspected by the City Engineer. The City of Marion shall not maintain or provide maintenance services for any improvements that have not been accepted by the City of Marion. 15. That all improvements and construction on property dedicated to the City shall become property of the City upon acceptance by the City (except private service connections to sewer and water lines). Such acceptance by the City of an improvement shall constitute a release of the obligations hereunder with respect to said improvement, except, as to being a surety under the maintenance bond. 16. That if the Owner fails to perform any requirements of this agreement, the City may at its election take action consistent with security provided by the Owner and/or undertake to perform the requirements. The Owner agrees to pay the City for all the costs associated with the City performing the requirement, including administrative costs equal to 10% of the actual costs of performing the requirement. 17. That all costs and materials, trees, and construction and planting thereof shall be the responsibility of the Owner at the time a building permit is issued. 18. That the Owner agrees to assume all expenses for any damage to public utilities, public improvements or other property and assumes all risk of loss to the improvements contemplated by this agreement until final acceptance by the City. 19. That the Owner agrees that occupancy of any structure will not be allowed until all required Certificates of Occupancy are issued. 20. That the Owner agrees to hold the City harmless and to indemnify the City against all claims made by any person as a result of personal injury or property damage occurring during the construction of improvements contemplated by this agreement. 21. That this agreement shall be binding upon the parties hereto and their heirs, successors and assigns, and the sale by the Owner of all or any part of the premises in said subdivision shall transfer obligations of the Owner to the successor in interest. 22. That the Owner agrees to comply with and fulfill all requirements of Chapter 175 (Subdivision Ordinance) and Chapter 176 (Zoning Ordinance) of the Code of Ordinances of the City of Marion. 23. That this memorandum of agreement shall be recorded by the Owner at the same time as recording the plat, and the City agrees that the City Engineer may, by written letter, satisfy any portion of this agreement as having been satisfactorily completed by the Owner other than final acceptance of the improvements. 24. Should any ambiguities arise in the construction of this agreement, it is agreed that it shall be construed to favor public over private interests. Phone (319) nburlage@cityofmarion.org Fax (319)

23 Signed this day of, CITY OF MARION ATTEST: Nicolas AbouAssaly, Mayor Wesley A. Nelson, City Clerk Integrity Custom Homes, Inc. Kent Backen, Owner Phone (319) Fax (319)

24 G th Avenue, Suite 210 Marion, Iowa council memo DATE: Wednesday, May 30, 2018 TO: FROM: Mayor and City Council Nicole Burlage Planner I RE: G.6 Resolution No. approving the Final Plat and Memorandum of Agreement for Authors 5th Addition for property located east of 35 th Street and south of 35 th Avenue (Morris Wood Enterprises, LLC.). Exhibit(s): Exhibit A: Authors 5 th Addition Final Plat - proposed Exhibit B: Memorandum of Agreement The applicant, Morris Wood Enterprises, LLC is seeking approval of a final plat and memorandum of agreement regarding Authors 5 th Addition Final Plat. The proposed final plat consists of eleven (11) single-family lots and three (3) lettered lots which are to be dedicated to the City of Marion as rightof-way and a public stormwater detention basin. The plat is on 4.72 acres of property located east of 35 th Street and south of 35 th Avenue. The proposed final plat was slightly altered from the preliminary plat that was approved by City Council in October 2012 per Resolution No The amount of lots did not change, but the size of four lots were altered due to the enlargement of the public detention basin (Lot C). This final plat will complete the Authors Addition Preliminary Plat. The 2010 Marion Comprehensive Plan and Future Land Use Map designates the final plat area as single family detached residential. In December 2012, the property was rezoned from A-1, Rural Restricted to R-2, Medium Density Single Family Residential per Ordinance No Public improvements associated with this subdivision are currently being installed. Recommendation: Staff recommends APPROVAL of Authors 5 th Addition Final Plat and Memorandum of Agreement. The final plat is consistent with both the Marion Comprehensive Plan and current zoning designation of R-2, Medium Density Single-Family Residential. It also meets the standards of Chapter 175, Subdivision Regulations and Chapter 176 Zoning Regulations. Phone (319) nburlage@cityofmarion.org Fax (319)

25 Exhibit A SCHNOOR-BONIFAZI ENGINEERING & SURVEYING, LC OWNER PREPARED BY 431 FIFTH AVENUE SW CEDAR RAPIDS, IA (319) (PHONE) s-b-engineering.com DATE OF SURVEY LOT A NOTES: LOT 9 LOT 10 LOT C LOT 26 LEGAL DESCRIPTION LOT 18 LOT 25 LOT 17 LOT 24 LOT 16 LOT 23 LEGEND LOT 15 LOT B LOT 22 CURVE TABLE LOCATION MAP

26 Exhibit B MEMORANDUM OF AGREEMENT In this memorandum of agreement, the City of Marion, Linn County, Iowa will be known as the City ; Morris Wood Enterprises, LLC will be known as the Owner. WHEREAS, Section of the Municipal Code of the City of Marion, Linn County, Iowa requires the developer of new subdivisions located within the City to construct, or give satisfactory assurance to the City that it will construct certain improvements; and, WHEREAS, the Owner, above described, is now in the process of subdividing the premises legally described as follows to wit: NOW, THEREFORE, IT IS AGREED AS FOLLOWS: See Exhibit A which subdivision shall be known as Authors Fifth Addition to the City of Marion, Linn County, Iowa. 1. That the Owner has provided cash in the amount of $xxxx.xx (120% of the cost estimate of remaining public improvements) associated with the Authors Fifth Addition as required by Section A of the Code of Ordinances. Not paid as of That the Owner has provided assurance that all improvements will be constructed and will perform to City Standards as required by Chapter 175, Subdivision Ordinance, by a) filing maintenance bonds with the City of Marion for all applicable public improvements; or B) at the option of the City Engineer, the Owner can make a cash payment to the City s Construction Maintenance Self-Insurance Fund. 3. That the Owner shall complete, and the City shall accept, all the items applicable to said subdivision set forth in the plan of improvements, not later than the earlier of a) one (1) year from the date of passage of the City Council Resolution approving the memorandum of agreement unless specifically extended by the Council; or b) occupancy of a newly constructed principal structure built upon a lot in the subdivision, with the following exception: a. Construction of sidewalk shall be as described in paragraph 4 below. b. Liquidated damages in the amount of $ per calendar day shall be assessed for each day in excess of these limits. 4. That the Owner will either construct, or cause to be constructed, within said subdivision all sidewalk required by Section D of the Code of Ordinances as follows: a. That said sidewalk shall be constructed to meet City Engineer s specifications adjacent to each lot in the subdivision as part of the construction of a principal structure on each lot. b. Notwithstanding the above, the Owner agrees to construct sidewalk adjacent to any lot which has not had sidewalk constructed within five (5) years of the date of approval of the final plat (Ordinance 14-11) or for which the City Council passes a resolution of necessity within a period of time established within said resolution of necessity. 5. That the City acknowledges that the Owner has paid a filing fee in the amount of $75.00 (Receipt # ). 6. That the City acknowledges that the Owner has paid a stormwater management fee in the amount of $1, (Receipt # ). 7. That the City acknowledges that the Owner has submitted the sanitary sewer hook-up fee per Ordinances 02-23, 01-38, 02-7 and in the amount $7, (Receipt # ). 8. That permanent street signs and such temporary signs or barricades as may be required by the City Engineer shall be installed at the Owner s expense and in accordance with Section L of the Code of Ordinances. Permanent street signs shall be installed by the City of Marion. It shall be the responsibility of the Owner to coordinate the installation of permanent street signs with the City of Marion. 9. That street lighting shall be installed at the Owner s expense in accordance with Section K of the Code of Ordinances. The Owner has provided an acceptable verification of payment to the appropriate utility company for said street lighting installation. 10. That any public streets that provide for street parking of vehicles shall limit the parking of vehicles to only one side of each street. The City Engineer shall review the sides designated for vehicle parking and may direct revision if he determines that the other side of any street is the side that should be designated for parking. a. There shall be no parking on the south/west side of Montgomery Circle. Phone (319) nburlage@cityofmarion.org Fax (319)

27 b. There shall be no parking on the north side of Faulkner Avenue. c. There shall be no parking on the west side of Hemmingway Street. d. There shall be no parking on all of the 35 th Avenue. 11. That at a minimum, there shall be planted one tree at each single-family residential lot. Such tree shall be located in the required front yard. Trees and shrubs shall be nursery grown, free from disease, balled burlapped, and planted, staked, and /or guyed in accordance with arborists practices for this area. Varieties and locations of trees planted in accordance with this section shall be subject to all other applicable city ordinances and regulations. 12. That the Owner has signed an Erosion Control Affidavit regarding the subdivision in conformance with Section C of the Code of Ordinances and agrees to maintain and control the premises so as to prevent erosion. The Owner further assumes responsibility for any costs associated with erosion and/or siltation as a result of development of this subdivision. 13. That all public improvements shall be constructed to City standards and shall be inspected by the City Engineer. The City of Marion shall not maintain or provide maintenance services for any improvements that have not been accepted by the City of Marion. 14. That all improvements and construction on property dedicated to the City shall become property of the City upon acceptance by the City (except private service connections to sewer and water lines). Such acceptance by the City of an improvement shall constitute a release of the obligations hereunder with respect to said improvement, except, as to being a surety under the maintenance bond. 15. That if the Owner fails to perform any requirements of this agreement, the City may at its election take action consistent with security provided by the Owner and/or undertake to perform the requirements. The Owner agrees to pay the City for all the costs associated with the City performing the requirement, including administrative costs equal to 10% of the actual costs of performing the requirement. 16. That all costs and materials, trees, and construction and planting thereof shall be the responsibility of the Owner at the time a building permit is issued. 17. That the Owner agrees to assume all expenses for any damage to public utilities, public improvements or other property and assumes all risk of loss to the improvements contemplated by this agreement until final acceptance by the City. 18. That the Owner agrees that occupancy of any structure will not be allowed until all required Certificates of Occupancy are issued. 19. That the Owner agrees to hold the City harmless and to indemnify the City against all claims made by any person as a result of personal injury or property damage occurring during the construction of improvements contemplated by this agreement. 20. That this agreement shall be binding upon the parties hereto and their heirs, successors and assigns, and the sale by the Owner of all or any part of the premises in said subdivision shall transfer obligations of the Owner to the successor in interest. 21. That the Owner agrees to comply with and fulfill all requirements of Chapter 175 (Subdivision Ordinance) and Chapter 176 (Zoning Ordinance) of the Code of Ordinances of the City of Marion. 22. That this memorandum of agreement shall be recorded by the Owner at the same time as recording the plat, and the City agrees that the City Engineer may, by written letter, satisfy any portion of this agreement as having been satisfactorily completed by the Owner other than final acceptance of the improvements. 23. Should any ambiguities arise in the construction of this agreement, it is agreed that it shall be construed to favor public over private interests. Signed this day of, CITY OF MARION ATTEST: Nicolas AbouAssaly, Mayor Wesley A. Nelson, City Clerk Morris Wood Enterprises, LLC Peg Morris, Manager Phone (319) nburlage@cityofmarion.org Fax (319)

28 G th Avenue, Suite 210 Marion, Iowa council memo DATE: Wednesday, May 30, 2018 TO: FROM: Mayor and City Council Nicole Burlage Planner I RE: G.7 Resolution No. approving the Final Plat and Memorandum of Agreement for Downing Farm 3 rd Addition for property located south of Kettering Road north of East Robins Road (Mooney-Engle Land Co.). Exhibit(s): Exhibit A: Downing Farm 3rd Addition Final Plat - proposed Exhibit B: Memorandum of Agreement The applicant, Mooney-Engle Land Co. is seeking approval of a final plat and memorandum of agreement regarding Downing Farm 3 rd Addition Final Plat. The proposed final plat consists of nine (9) single-family lots and one (1) lettered lot to be dedicated to the City of Marion as right-of-way (Elshire Court). The plat consists of 4.68 acres of property located south of Kettering Road and north of East Robins Road. The proposed final plat is consistent with the preliminary plat that was approved by City Council in October 2016 per Resolution No The 2010 Marion Comprehensive Plan and Future Land Use Map was amended in September 2016 from singlefamily attached residential to single-family detached residential per Resolution No The property was also rezoned in 2016 from A-1, Rural Restricted to R-2, Medium Density Single Family Residential per Ordinance No Public improvements associated with this subdivision are currently being installed. Recommendation: Staff recommends APPROVAL of Downing Farm 3 rd Addition Final Plat and Memorandum of Agreement. The final plat is consistent with both the Marion Comprehensive Plan and current zoning designation of R-2, Medium Density Single-Family Residential. It also meets the standards of Chapter 175, Subdivision Regulations and Chapter 176 Zoning Regulations. Phone (319) nburlage@cityofmarion.org Fax (319)

29 Exhibit A

30 Exhibit B MEMORANDUM OF AGREEMENT In this memorandum of agreement, the City of Marion, Linn County, Iowa will be known as the City ; Mooney-Engle Land Co. will be known as the Owner. WHEREAS, Section of the Municipal Code of the City of Marion, Linn County, Iowa requires the developer of new subdivisions located within the City to construct, or give satisfactory assurance to the City that it will construct certain improvements; and, WHEREAS, the Owner, above described, is now in the process of subdividing the premises legally described as follows to wit: NOW, THEREFORE, IT IS AGREED AS FOLLOWS: See Exhibit A which subdivision shall be known as Downing Farm Third Addition to the City of Marion, Linn County, Iowa. 1. That the Owner has provided cash in the amount of $xxxxx.xx (120% of the cost estimate of remaining public improvements) associated with the Downing Farm Third Addition as required by Section A of the Code of Ordinances. Not paid as of That the Owner has provided assurance that all improvements will be constructed and will perform to City Standards as required by Chapter 175, Subdivision Ordinance, by a) filing maintenance bonds with the City of Marion for all applicable public improvements; or B) at the option of the City Engineer, the Owner can make a cash payment to the City s Construction Maintenance Self-Insurance Fund. 3. That the Owner shall complete, and the City shall accept, all the items applicable to said subdivision set forth in the plan of improvements, not later than the earlier of a) one (1) year from the date of passage of the City Council Resolution approving the memorandum of agreement unless specifically extended by the Council; or b) occupancy of a newly constructed principal structure built upon a lot in the subdivision, with the following exception: a. Construction of sidewalk shall be as described in paragraph 4 below. b. Liquidated damages in the amount of $ per calendar day shall be assessed for each day in excess of these limits. 4. That the Owner will either construct, or cause to be constructed, within said subdivision all sidewalk required by Section D of the Code of Ordinances as follows: a. That said sidewalk shall be constructed to meet City Engineer s specifications adjacent to each lot in the subdivision as part of the construction of a principal structure on each lot. b. Notwithstanding the above, the Owner agrees to construct sidewalk adjacent to any lot which has not had sidewalk constructed within five (5) years of the date of approval of the final plat (Ordinance 14-11) or for which the City Council passes a resolution of necessity within a period of time established within said resolution of necessity. 5. That the City acknowledges that the Owner has paid a filing fee in the amount of $75.00 (Receipt # ). 6. That the City acknowledges that the Owner has paid a stormwater management fee in the amount of $1, (Receipt # ). Not paid as of That the City acknowledges that the Owner has submitted the sanitary sewer hook-up fee per Ordinances 02-23, 01-38, 02-7 and in the amount $3, (Receipt # ). Not paid as of That the City acknowledges that the Owner has paid the Dry Creek Regional Detention Basin hook-up fee in the amount of $7, (Receipt # ). Not paid as of That permanent street signs and such temporary signs or barricades as may be required by the City Engineer shall be installed at the Owner s expense and in accordance with Section L of the Code of Ordinances. Permanent street signs shall be installed by the City of Marion. It shall be the responsibility of the Owner to coordinate the installation of permanent street signs with the City of Marion. 10. That street lighting shall be installed at the Owner s expense in accordance with Section K of the Code of Ordinances. The Owner has provided an acceptable verification of payment to the appropriate utility company for said street lighting installation. Phone (319) nburlage@cityofmarion.org Fax (319)

31 11. That any public streets that provide for street parking of vehicles shall limit the parking of vehicles to only one side of each street. The City Engineer shall review the sides designated for vehicle parking and may direct revision if he determines that the other side of any street is the side that should be designated for parking. a. There shall be no parking on the east side of Elshire Court and all of the Elshire Court cul-de-sac bulb. 12. That at a minimum, there shall be planted one tree at each single-family residential lot. Such tree shall be located in the required front yard. Trees and shrubs shall be nursery grown, free from disease, balled burlapped, and planted, staked, and /or guyed in accordance with arborists practices for this area. Varieties and locations of trees planted in accordance with this section shall be subject to all other applicable city ordinances and regulations. 13. That the Owner has signed an Erosion Control Affidavit regarding the subdivision in conformance with Section C of the Code of Ordinances and agrees to maintain and control the premises so as to prevent erosion. The Owner further assumes responsibility for any costs associated with erosion and/or siltation as a result of development of this subdivision. 14. That all public improvements shall be constructed to City standards and shall be inspected by the City Engineer. The City of Marion shall not maintain or provide maintenance services for any improvements that have not been accepted by the City of Marion. 15. That all improvements and construction on property dedicated to the City shall become property of the City upon acceptance by the City (except private service connections to sewer and water lines). Such acceptance by the City of an improvement shall constitute a release of the obligations hereunder with respect to said improvement, except, as to being a surety under the maintenance bond. 16. That if the Owner fails to perform any requirements of this agreement, the City may at its election take action consistent with security provided by the Owner and/or undertake to perform the requirements. The Owner agrees to pay the City for all the costs associated with the City performing the requirement, including administrative costs equal to 10% of the actual costs of performing the requirement. 17. That all costs and materials, trees, and construction and planting thereof shall be the responsibility of the Owner at the time a building permit is issued. 18. That the Owner agrees to assume all expenses for any damage to public utilities, public improvements or other property and assumes all risk of loss to the improvements contemplated by this agreement until final acceptance by the City. 19. That the Owner agrees that occupancy of any structure will not be allowed until all required Certificates of Occupancy are issued. 20. That the Owner agrees to hold the City harmless and to indemnify the City against all claims made by any person as a result of personal injury or property damage occurring during the construction of improvements contemplated by this agreement. 21. That this agreement shall be binding upon the parties hereto and their heirs, successors and assigns, and the sale by the Owner of all or any part of the premises in said subdivision shall transfer obligations of the Owner to the successor in interest. 22. That the Owner agrees to comply with and fulfill all requirements of Chapter 175 (Subdivision Ordinance) and Chapter 176 (Zoning Ordinance) of the Code of Ordinances of the City of Marion. 23. That this memorandum of agreement shall be recorded by the Owner at the same time as recording the plat, and the City agrees that the City Engineer may, by written letter, satisfy any portion of this agreement as having been satisfactorily completed by the Owner other than final acceptance of the improvements. 24. Should any ambiguities arise in the construction of this agreement, it is agreed that it shall be construed to favor public over private interests. Signed this day of, CITY OF MARION ATTEST: Nicolas AbouAssaly, Mayor Wesley A. Nelson, City Clerk Mooney-Engle Land Co. Tim Mooney, Manager Phone (319) nburlage@cityofmarion.org Fax (319)

32 G th Avenue, Suite 210 Marion, Iowa council memo DATE: Wednesday, May 30, 2018 TO: FROM: Mayor and City Council Nicole Burlage Planner I RE: G.8 Resolution No. approving the Final Plat and Memorandum of Agreement for Bowman Woods Unit 37 for property located south of Hawks Ridge Lane and east of Hampshire Drive (Midwest Development Co.). Exhibit(s): Exhibit A: Bowman Woods Unit 37 Final Plat - proposed Exhibit B: Memorandum of Agreement The applicant, Midwest Development Co., is seeking approval of a final plat and memorandum of agreement regarding Bowman Woods Unit 37 Final Plat. The proposed final plat consists of thirtythree (33) single-family lots on acres for property located south of Hawks Ridge Road and east of Hampshire Drive. The final plat was reduced by one single-family lot from the approved revised preliminary plat, which was approved by City Council in This final plat will complete the Bowman Woods Unit 33 Preliminary Plat/Revised Preliminary Plat. Public improvements associated with this subdivision are currently being installed. Recommendation: Staff recommends APPROVAL of Bowman Woods Unit 37 Final Plat and Memorandum of Agreement as proposed. The final plat is consistent with both the Marion Comprehensive Plan and current zoning designation of R-2, Medium Density Single-Family Residential. It also meets the standards of Chapter 175, Subdivision Regulations and Chapter 176 Zoning Regulations. Phone (319) nburlage@cityofmarion.org Fax (319)

33 Exhibit A

34 Exhibit B MEMORANDUM OF AGREEMENT In this memorandum of agreement, the City of Marion, Linn County, Iowa will be known as the City ; Midwest Development Co. will be known as the Owner. WHEREAS, Section of the Municipal Code of the City of Marion, Linn County, Iowa requires the developer of new subdivisions located within the City to construct, or give satisfactory assurance to the City that it will construct certain improvements; and, WHEREAS, the Owner, above described, is now in the process of subdividing the premises legally described as follows to wit: See Exhibit A which subdivision shall be known as Bowman Woods Unit 37 to the City of Marion, Linn County, Iowa. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That the Owner has provided cash in the amount of $xxxxx.xx (120% of the cost estimate of remaining public improvements) associated with the Prairie Trail First Addition as required by Section A of the Code of Ordinances. Not paid as of That the Owner has provided assurance that all improvements will be constructed and will perform to City Standards as required by Chapter 175, Subdivision Ordinance, by a) filing maintenance bonds with the City of Marion for all applicable public improvements; or B) at the option of the City Engineer, the Owner can make a cash payment to the City s Construction Maintenance Self-Insurance Fund. 3. That the Owner shall complete, and the City shall accept, all the items applicable to said subdivision set forth in the plan of improvements, not later than the earlier of a) one (1) year from the date of passage of the City Council Resolution approving the memorandum of agreement unless specifically extended by the Council; or b) occupancy of a newly constructed principal structure built upon a lot in the subdivision, with the following exception: a. Construction of sidewalk shall be as described in paragraph 4 below. b. Liquidated damages in the amount of $ per calendar day shall be assessed for each day in excess of these limits. 4. That the Owner will either construct, or cause to be constructed, within said subdivision all sidewalk required by Section D of the Code of Ordinances as follows: a. That said sidewalk shall be constructed to meet City Engineer s specifications adjacent to each lot in the subdivision as part of the construction of a principal structure on each lot. b. Notwithstanding the above, the Owner agrees to construct sidewalk adjacent to any lot which has not had sidewalk constructed within five (5) years of the date of approval of the final plat (Ordinance 14-11) or for which the City Council passes a resolution of necessity within a period of time established within said resolution of necessity. 5. That the City acknowledges that the Owner has paid a filing fee in the amount of $ (Receipt # ). 6. That the City acknowledges that the Owner has paid a stormwater management fee in the amount of $5, (Receipt # xxxx). Not paid as of That permanent street signs and such temporary signs or barricades as may be required by the City Engineer shall be installed at the Owner s expense and in accordance with Section L of the Code of Ordinances. Permanent street signs shall be installed by the City of Marion. It shall be the responsibility of the Owner to coordinate the installation of permanent street signs with the City of Marion. 8. That street lighting shall be installed at the Owner s expense in accordance with Section K of the Code of Ordinances. The Owner has provided an acceptable verification of payment to the appropriate utility company for said street lighting installation. 9. That any public streets that provide for street parking of vehicles shall limit the parking of vehicles to only one side of each street. The City Engineer shall review the sides designated for vehicle parking and may direct revision if he determines that the other side of any street is the side that should be designated for parking. a. There shall be no parking on the south side of Brookfield Drive. Phone (319) nburlage@cityofmarion.org Fax (319)

35 b. There shall be no parking on the west/south side of Hawks Ridge Lane. 10. That at a minimum, there shall be planted one tree at each single-family residential lot. Such tree shall be located in the required front yard. Trees and shrubs shall be nursery grown, free from disease, balled burlapped, and planted, staked, and /or guyed in accordance with arborists practices for this area. Varieties and locations of trees planted in accordance with this section shall be subject to all other applicable city ordinances and regulations. 11. That the Owner has signed an Erosion Control Affidavit regarding the subdivision in conformance with Section C of the Code of Ordinances and agrees to maintain and control the premises so as to prevent erosion. The Owner further assumes responsibility for any costs associated with erosion and/or siltation as a result of development of this subdivision. 12. That all public improvements shall be constructed to City standards and shall be inspected by the City Engineer. The City of Marion shall not maintain or provide maintenance services for any improvements that have not been accepted by the City of Marion. 13. That all improvements and construction on property dedicated to the City shall become property of the City upon acceptance by the City (except private service connections to sewer and water lines). Such acceptance by the City of an improvement shall constitute a release of the obligations hereunder with respect to said improvement, except, as to being a surety under the maintenance bond. 14. That if the Owner fails to perform any requirements of this agreement, the City may at its election take action consistent with security provided by the Owner and/or undertake to perform the requirements. The Owner agrees to pay the City for all the costs associated with the City performing the requirement, including administrative costs equal to 10% of the actual costs of performing the requirement. 15. That all costs and materials, trees, and construction and planting thereof shall be the responsibility of the Owner at the time a building permit is issued. 16. That the Owner agrees to assume all expenses for any damage to public utilities, public improvements or other property and assumes all risk of loss to the improvements contemplated by this agreement until final acceptance by the City. 17. That the Owner agrees that occupancy of any structure will not be allowed until all required Certificates of Occupancy are issued. 18. That the Owner agrees to hold the City harmless and to indemnify the City against all claims made by any person as a result of personal injury or property damage occurring during the construction of improvements contemplated by this agreement. 19. That this agreement shall be binding upon the parties hereto and their heirs, successors and assigns, and the sale by the Owner of all or any part of the premises in said subdivision shall transfer obligations of the Owner to the successor in interest. 20. That the Owner agrees to comply with and fulfill all requirements of Chapter 175 (Subdivision Ordinance) and Chapter 176 (Zoning Ordinance) of the Code of Ordinances of the City of Marion. 21. That this memorandum of agreement shall be recorded by the Owner at the same time as recording the plat, and the City agrees that the City Engineer may, by written letter, satisfy any portion of this agreement as having been satisfactorily completed by the Owner other than final acceptance of the improvements. 22. Should any ambiguities arise in the construction of this agreement, it is agreed that it shall be construed to favor public over private interests. Signed this day of, CITY OF MARION ATTEST: Nicolas AbouAssaly, Mayor Wesley A. Nelson, City Clerk Midwest Development Co. Kyle Skogman, President Phone (319) nburlage@cityofmarion.org Fax (319)

36 G th Avenue, Suite 210 Marion, Iowa council memo DATE: Wednesday, May 30, 2018 TO: FROM: Mayor and City Council Nicole Burlage Planner I RE: G.9 Resolution No. approving the Final Plat and Memorandum of Agreement for MidAmerican 1 st Addition to Linn County for property located at 2970 East Post Road in Linn County, Iowa. Exhibit(s): Exhibit A: MidAmerican 1 st Addition Final Plat - proposed Exhibit B: Memorandum of Agreement The applicant, Scott Draper, is requesting a split of property (utility substation) within Linn County located at 2970 East Post Road, which is within the 2-mile review process of county plats. Subdivision of Linn County property within 2-miles of the Marion municipal boundary requires the City to review and approve the plat prior to Linn County Board of Supervisors final approval. The parcel consists of 0.69 acres. The proposed parcel split would create Outlot A (0.15 acres) which Mr. & Mrs. Draper have agreed to purchase from MidAmerican Energy Co. The split would also create Lot A (0.08 acres) for right-of-way designation and leave the remainder of the parent parcel for MidAmerican Energy Co., with Lot 1 containing 0.48 acres. Marion Per Linn County regulations, the plat is required to note on Outlot A, This parcel may only be developed in accordance with all development regulations in effect at the time development is proposed. Within the Purchase Agreement between Mr. & Mrs. Draper and MidAmerican Energy Co., Linn County is requiring that the property be rezoned from AG (Agriculture) to USR (Urban Service Residential). Adjacent properties to the north and south are both zoned USR; the property to the east is zoned AG. Location Map Linn Co. Phone (319) nburlage@cityofmarion.org Fax (319)

37 The parcel is located within the secondary growth area of the Marion Comprehensive Plan. The County s requirement of having the property rezoned to USR does fit in with the Marion Comprehensive Plan designation of Conservation Residential. This designation is meant to consist of low intensity residential development in areas with varied terrain, sensitive natural areas, or a high cost of providing city services. Iowa Illinois Gas & Electric Co. has signed a Memorandum of Agreement regarding sanitary sewer hook-up and voluntary annexation into the City at such time that it is required by the City. The Planning and Zoning Commission recommends APPROVAL of MidAmerican First Addition Final Plat to Linn County and the Memorandum of Agreement as proposed. The Commission met on March 26, 2018 and determined that the proposed Final Plat met the requirements of Section 175, Subdivision Regulations, of the Marion City Code, as well as, the Marion Comprehensive Plan. Phone (319) nburlage@cityofmarion.org Fax (319)

38 Exhibit: A

39 Exhibit B MEMORANDUM OF AGREEMENT In this memorandum of agreement, the City of Marion, Linn County, Iowa will be known as the City ; and Iowa Illinois Gas & Electric Co. will be known as the Owner. WHEREAS, Section of the Municipal Code of the City of Marion, Linn County, Iowa, establishes the city s authority to review subdivisions located within 2-miles of the corporate limits and enforce the provision of the City Subdivision ordinance; and, WHEREAS, the Owner, above described, is now in the process of subdividing the premises legally described as follows to wit: Part of the Southwest Quarter of the Southwest Quarter of Section 7, Township 83 North, Range 6 West of the Fifth Principal Meridian, described as follows: Commencing at the Southwest Corner of Section 7, Township 83 North, Range 6 West of the Fifth Principal Meridian; thence N1 08'05"W along the west line of the Southwest Quarter of said Section 7, a distance of feet to the westerly extension of the south line of Lot 2, Morris Second Addition to Linn County, Iowa; thence N88 51'55"E, feet to the east right of way of East Post Road; thence continuing N88 51'55"E along said south line of Lot 2 and it's westerly extension, feet; thence S1 08'05"E along the west boundary of Lot 1 of said Morris Second Addition, feet; thence S88 51'55"W along the north line of Morris First Addition and it's westerly extension, feet to said east right of way of East Post Road; thence N1 08'05"W along said east right of way, feet to the point of beginning. Said parcel contains 0.69 acre, subject to easements and restrictions of record. which subdivision shall be known MidAmerican First Addition to Linn County, Iowa. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Owner agrees to hook onto Sanitary Sewer Service at such time that it within 250'. 2. That the Owner shall agree to be annexed to the City of Marion at such time annexation is either requested and or required by the City of Marion. 3. That this agreement shall be binding upon the parties hereto and their heirs, successors and assigns, and the sale by the Owner of all or any part of the premises in said subdivision shall transfer obligations of the Owner to the successor in interest. 4. That the Owner agrees to comply with and fulfill all requirements of Chapter 175 (Subdivision Ordinance) and Chapter 176 (Zoning Ordinance) of the Code of Ordinances of the City of Marion as they may legally apply. 5. Should any ambiguities arise in the construction of this agreement, it is agreed that it shall be construed to favor public over private interests. Signed this day of, 2018 CITY OF MARION: ATTEST: Nicolas AbouAssaly, Mayor Wesley A. Nelson, City Clerk OWNERS: Iowa Illinois Gas & Electric Co. Phone (319) nburlage@cityofmarion.org Fax (319)

40 th Avenue, Suite 210 Marion, Iowa G.10 G.13 council memo DATE: Friday, June 1, 2018 TO: Mayor and City Council FROM: David N. Hockett, AICP Principle Planner RE: G.10 Public hearing regarding a request to vacate the southern 120 feet of the north-south alley lying between lots 6 and 7, Block 7 Original Town, Now City of Marion, Linn County, Iowa (Seven Hills East LLC) G.11 Resolution No. approving a request to vacate the southern 120 feet of the north-south alley lying between lots 6 and 7, Block 7 Original Town, Now City of Marion, Linn County, Iowa (Seven Hills East LLC) G.12 Public hearing regarding the sale of the vacated southern 120 feet of the north-south alley lying between lots 6 and 7, Block 7 Original Town, Now City of Marion, Linn County, Iowa (Seven Hills East LLC) G.13 Resolution No. approving the the sale of the vacated southern 120 feet of the north-south alley lying between lots 6 and 7, Block 7 Original Town, Now City of Marion, Linn County, Iowa (Seven Hills East LLC) Exhibit(s): Not Applicable The applicant, Seven Hills East, LLC has made a request to the City of Marion to vacate (and purchase) the entire south 120 of alley located between 8 th and 9 th Avenue between 7 th and 8 th Streets for the potential future redevelopment of several parcels in the block. The applicant intends to in the short term to asphalt the parking lot and seek tenants for the existing buildings. The long term plan is redevelopment of the properties to a mixed use facility with ground floor office / commercial and upper story residential, a preliminary concept plan has been included Staff has contacted all utility companies and have found no objection to the proposed vacation subject to a 10 utility easement being maintained over the length of the alley for existing services, which would be vacated in the future with the redevelopment of the properties. The applicant has secured the two adjacent properties to the alley, 742 and th Avenue, (in addition to th Avenue. Phone (319) dhockett@cityofmarion.org Fax (319)

41 th Avenue, Suite 210 Marion, Iowa G.10 G.13 The north / south alley runs through the entire block; the south half is asphalted approximately 100 and used to access parking lots from 742 and th Avenue before transitioning to an uncompacted chip seal material for approximately another 100 before transitioning to a mix of broken concrete / brick and small rock. The north half while drivable is not well maintained due to grade changes toward 9 th Avenue. The alley, should the vacation and sale be approved is offered per City Policy at $0.73 per square foot for a total of $ (35% of the average assessed land value). The Planning and Zoning Commission met on May 8, 2018 and recommended approval (5-1) to vacate the alley. Adjacent property owners were in attendance and expressed concerns losing the ability to park in the alley and a second means of access to their property. Phone (319) dhockett@cityofmarion.org Fax (319)

42 th Avenue, Suite 210 Marion, Iowa G.10 G.13 Figure I: Vicinity Map Phone (319) dhockett@cityofmarion.org Fax (319)

43 th Avenue, Suite 210 Marion, Iowa G.10 G.13 Alley Looking north from 8 th Avenue Alley Looking south from middle of block Phone (319) dhockett@cityofmarion.org Fax (319)

44 th Avenue, Suite 210 Marion, Iowa G.10 G.13 Alley looking north from middle of block Phone (319) dhockett@cityofmarion.org Fax (319)

45 th Avenue, Suite 210 Marion, Iowa G.10 G.13 Phase I Redevelopment Proposed Alley Vacation (RED) Phase II Redevelopment Proposed Alley Vacation (RED) Phone (319) dhockett@cityofmarion.org Fax (319)

46 th Avenue, Suite 210 Marion, Iowa G.14 council memo DATE: Friday, June 1, 2018 TO: FROM: Mayor & City Council David N. Hockett, AICP Principle Planner Re: G.14 Resolution No. setting a public hearing for June 21, 2018 regarding the renaming of Pioneer Court to Pioneer Drive located west of Larkspur Drive within the Bridge Creek 4 th Addition Exhibit(s): The applicant, Mooney-Engle Land Company LLC, is seeking to change the name of Pioneer Court to Pioneer Drive located within the recently approved Bridge Creek 4 th Addition. The applicant has indicated that it was an error on the plat. There are currently no homes addressed off of Pioneer Court Staff recommends setting June 21, 2018 for a public hearing to change the name of Pioneer Court to Pioneer Street. Phone (319) dhockett@cityofmarion.org Fax (319)

47 th Avenue, Suite 210 Marion, Iowa G.14 Phone (319) dhockett@cityofmarion.org Fax (319)

48 th Ave Marion, IA P.O. Box 359 McGregor, IA Fax ALLEN, VERNON & HOSKINS, P.L.C. Attorneys and Counselors at Law J. K. Robison Anne E.H.Kruse Kara L. Bullerman Morris L. Allen, Deceased John G. Vernon, Retired Gordon R. Gibson, Retired Don Hoskins, Retired May 31, 2018 To: Mayor and Marion City Council From: Kara Bullerman, Legal Re: 29 th Avenue Access Fees/Ordinance The legal department has reviewed the correspondence from Attorney Dean Spina on behalf of Platinum Development and has been in communication with City Staff regarding the issue. Our response to Mr. Spina at this time has been that neither the legal department nor the staff have the authority to simply change an ordinance. Based on the Mr. Spina s statements indicating that he will initiate litigation if these fees are not waived, the legal department is recommending that this matter be discussed in a closed session under Iowa Code Section 21.5(c)..

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