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HomeMy WebLinkAbout1977-08-02 Correspondence���r7 � f a�-K a-,5a//Wi a cl`f'ze,vx �-� �owAve hp cow, � Qec us7`a/n,e� t �S U�j�k� lei6o7� iw rX a -N J N itis s���e 'r , its w; de. �>-Ip se oti c(s d- -f ie/ds 'v w;A?N e G 7 ifse�� QN ca►�e-�'�� observes Lio�ld have o d .e far -1 of o -F cti.se s 0 tc � N y Itc �i��iNq � CV'oSS GOuN�r7 `SkiN� N�`�✓e �.lk� b7 f b e C,41 1k- ew JC- IAfS b� Two -k» jr✓ TAP Jam Me` + -7 or -mo`17 �am-f b oev R%vities j3o y •lcoc.�`s -'or 4— NJA7` ve ,�'fu di`cs `tar eeri 7`" bac%e-J �cl Wo- 1, ma- Sedc�nPN C4 awr e j'V` TO cJhv� -f-� f ca r k a.ni O p p a r *4,v f'%Lt fio v e �a,►� N a w; Ids eau,-/, �Nti����e/�l s�fr%N 6 ro �e�ec c�'r� DwNevs�i/°. cA 16L �S Pv es ��✓7�� la,�'ed would o,u '�iP I'r1 oJ7 �.f�� C orNNl^ K. 7�,e A.uee.d dor s;N�/� howl iA-,p I N -g, 6s_aa"j-00 ��r/c�✓ r4N��G To is Nal SD �.cufe � r/ 4p-ri me-4� s e4ec,7 At j LjoK- (hQL) e l Ne e �i N A IV 6LNc_ed N Corn.r,i j'�j �.5 cX 1 pr ij �.c,Ud b7 (�c' Ol�v_NOUNcLo ct eT fit) 3 I - �ickoey IAe eNu fl,r e corHrhu �'r y . tj; I I �a- ✓' � fib e e" S, 4 �N/arye. �U-r1�+er s74orei '� �k o4 S77' lie its jewer -e p u;w�P ,S e eiY�eAli t° + rn oS r Al mrorfa"t/7 1 o -� A) w It `ii Th e ie'se el r &V uerTe ,4 -f-m �>arrla vd , Ahs Sh w�: N L 1� July 26, 1977 Fr L City Council of Iowa City Civic Center Iowa City, Iowa Members of the City Council: PLUM GROVE ACRES,IMC. has submitted to the City Council the final plats of Court Hill -Scott Boulevard Additions h5 and y6 for final approval. These plats will be on the Council agenda on August 2, 1977. In behalf of the more than ten young couples who are waiting to build their homes in this area, I ask that the council give these two final plats an affirmative vote on August 2nd. Sincerely, PLUM GROVE ACRES INC. By12WC- A_� QGor Bruce R. Glasgow, Pre F L� O E II II JUL2 61977 ILI I ABBIE STOLFUS CITY CLERK 3.337:;;: •City 04 Iowa Cite MEMORANDUM DATE1 July 28, 1977 TO: City Council FROM: City Manager RE: Mount Prospec Addition - Part IV Attached are documents and minutes, as requested by the Council, relevant to the applicability of the storm water management ordinance to Mount Prospect Addition - Part IV. cc: Frantz Construction Company, Inc. Shive-Hattery & Associates 33110 0EPARTMENT COMM&ITY DEVELOPMIEN16 CITY OF IOWA CITY APPLICATION FORM NATE TO AP LICANT- SINCE THIS IS A COMPREHENSIVE APPLICATION FORM. ONLY TIIOSE ITEMS RELATEOUR APPLICATION(S) ARE TO BE FILLED. PLEASE TYPE OR PRINT NAME OF APPLICANT: ADDRESS: 32�o•i 522;0 PHONE: 338-7923 NAME OF DEVELOPMENT: Mount Prospect Addition - Part IV AREA SIZE: 18.6 Acres + PRESENT ZONING R -IA — STREET ADDRESS OR PROPERTY LOCATION: S PROPOSED ZONING PLEASE CHECK PER50N 10 C014TACT FOR FURTHER INFORMATION OA HEFENENCE. "r OWNER: Franf7 Construction rompany- Inc. ATTORNEY: Philip A. Leff ADDRESS: 32S 3rd Stre t, Iowa City. Iowa 52240 ADDRESS: 222 South Linn Iowa City, Iowa 52240 PHONE: 2 PHONE: 338-7551 ENGINEER: Shive-Hattery & Associa Attention: Richa D. Kratoske e4DDRESS: P.O. Box 1050, Iowa City, Iowa 52240 PHONE: 354-1040—.. OTHER: ADDRESS: PHONE: T - TION_ ✓PL - - 1. 14 copies of preliminary plat 2. Six copies of final plat 3. Reproducible & 5 copies of final plat 4. Location Map 5.Lega1 Description 6. Dedication of land for public use T• Resolution for approval by Council 8. Legal papers consisting of: a . Attorney's opinion b. Encumbrance bond certificate C. Statement of County Treasurer d. Statement of Clerk of Court e. Statement of County Recorder f. Statement of Owner& spouse g. waiver of paving h. Certificate concerning improve- ments U. Existing site plan 1O.Development ment site plan P 11.Statement of intent by developer 12. Petition to pave abutting streets 13. Report on economic feasibility 14. Report on effect of PC on surrounding Property 15. Report on impact of traffic by PC on surrounding streets 16. seven additional copies of plat are desired but not required THIS IS AN APPLICATION FORM ONLY. A LISTING F OTHER SUBMISSION AUG9 1976 ATERIALS MAY DE D TAINED FROM THE AF3131E STOL,FU _y P ANNING DIVISION. CITY CLERK U REZONING�FROM:R-lA ?` ^z; TO:R-1B an `nt MR5 F SUBDIVISION /, y PRELIMINARY PLAN "'%<.:::.-: aF, SUBDIVISION FINAL PLAN s„'kyr ✓% a” LARGE SCALE RESIDENTIAL PRELIMINARY h .€ LARGE SCALE RESIDENTIALy,K« FINAL " ..,hN st & LGE. SCALE NON-RESIDENTIAL PRELIMINARY `%"�, " 1� 40�x < ?,>•' LGE. SCALE NON-RESIDENTIAL FINAL,.'':./..... s PLANNED AREA DEVELOPMENT PRELIMINARY S,5 i2l:N, :...';�''!l'-iE%` PLANNED AREA DEVELOPMENT'�4*61 FINAL R; ? . //• PLANNED COMMERCIAL ZONE y �� ,m _T,•,: VACATINGS "5"^ 4%af;« s{{:' y cy ANNEXATION z"Mr"R."r -1 .,.'"'� ms 3'111y %� FOR OFFICE USE ONLY FILE NUMBER: Z -76iJ AMOUNT DATE FEE PAID: .//2oo,U0 Sr 6 APPLICATION ACCEPTED BY: NAME DATE I/taE� lIktl J 39 G ./i�j%/i .a%/� x���/i �/. h�,G// •%✓r///�f/^/,l, f� ATTACH ADDITION, WHITE SHEET; CITY CLERK YELLOW: C01 LAW OFFICES OF LFI -F, LFFP, r IFF S iLAIIPF.ILT ARTHUR O. LCFF 222 SOUTH LINN STRCCT•P. 0.608 2"7 PHILIP A.LErr IOWA CITY, IOWA ALAN R.LCFI 52240 R.ORUCC HAUPCRT November 29, 1976 Mr. Neal Berlin City Manager Civic Center Iowa City, Iowa 52240 71. Re: Frantz Construction Co., Inc. Petition to Rezone Part IV Mt. Prospect Addition Dear Mr. Berlin: PNON[]JR•7551 AnCODE JIO As you know, we have been working with the City staff and Attorney to suggest a procedure to the City Council which will resolve their concern about the sewer capacity for Part IV Mt. Prospect Addition. We believe we have this procedure available to us and wish to bring the matter before the City Council at its next meeting, which we understand will be on Tuesday, December 7. We have been advised by the City Clerk that it is necessary for us to request the matter to be placed back on the agenda through your office. It is our understanding from talking with Mr. Hayek that the request for the rezoning can be resubmitted to the City'Council without the necessity of refiling the Petition. It is our intention to ask the City Council to approve a pro- cedure whereby the City will withhold action on the rezoning petition until the Planning 6 Zoning Commission has approved the final plat which we will ask the Planning d Zoning Commission to approve subject to the rezoning. Therefore, the rezoning and approval of the final plat can be done simultaneously thus insuring the Council that the platting procedures will not be abandoned after the rezoning has been approved. I believe Mr. Hayek and I both concur that it is necessary for the Council to approve any vacation of the plat, thus eliminating his con- e Mr. Meal Berlin -2- November 29, 1976 cern about a potention vacation of the plat following approval of the subdivision and rezoning. We look forward to having this matter on the agenda at the above -referred to Council meeting. If you see any problems with the same being placed on the agenda, would you kindly advise me. it y yours, LEFF F, LEFF 6 UPERT Philip . Leff E 4 HAYEK, HAYEK & HAYEK WILL J. HAYEK ATTORNEYS AT LAW JOHN W. HAYEK 110 EAST WASHINGTON STREET C. PETER HAYEK IOWA CITY, IOWA 52240 December 1, 1976 The Honorable Mayor and . City Council of Iowa City Civic Center Iowa City, Iowa 52240 Re: Frantz Construction Company Proposed Part IV, Mount Prospect Addition Mayor and Council Members: The City Council has requested that the legal department attempt to find a way to alleviate the Council's concerns about sewer capacity in connection with the land owned by Frantz Construction Company which was the subject of a recent rezoning request. We have had several meetings with various of the parties involved. I believe that there is a solution to the Council's problem with respect to sewer capacity for this property which would accomplish both the development of the property consistent with the proposed rezoning application and subdivision plan but at the same time providing sufficient guarantees that sewer capacity would not be overtaxed. Originally I had considered and rejected the possibility of a simultaneous zoning change 2nd subdivision plat approval as adequate protection for the City for the reason that a subdivision plat could be vacated by a subsequent owner or owners who would then be in a position to demand city services consistent with densities which theoretically could be achieved under the proposed rezoning. However, further study of the subdivision law leaves me to believe that that concern is unfounded. A subdivision plat may be vacated by the owner before the sale of any lots by filing a written instrument declaring the same to be vacated. That procedure is provided in Section 409.18 of the 1975 Code of Iowa. However, in order for any vacation of this sort to be effective the consent of the City would have to be obtained. This would, I believe, give the City control over any hasty vacation of the subdivision plat. After lots F E °AE DEC 21976 D ACC11" STOLFUS CITY CLERIC AREA CODE 319 337.9606 . r A December 1, 1976 Page Two have been sold, the owners of any tract of land which has been platted may vacate the plat by going through a judicial procedure, See Sections 409. 22 through 409. 24 of the 1975 Code of Iowa, Although that procedure does not require City consent, it does require notice and hearing. The City could make its objections known at that hearing. In other words, I believe that the risk of a plat vacation detrimental to the interests of the City with respect to sewer capacity are minimal. I would therefore suggest that the City Council consider a simultan- eous zoning change and subdivision plat approval which would lock the owner into a development scheme within the capacity of the city sewer system. Such a process would require that the Planning and Zoning Commission, staff, and City Council consider the subdivision plat on a preliminary basis, at least, prior to the actual rezoning of the property. The purpose of such unusual consideration would be to place the ordinance rezoning the property and the resolution approving the final plat or plats before the City Council at the same Council meeting. In this way the Council would have the assurance that the owner was locked into the particular subdivision plat at the same time that the property was being rezoned. I would be happy to discuss this matter with the Council further If you desire. JWH:wld cc Mr. Dennis Kraft Dr. Robert Ogeson Mr. Philip Leff Respectfully a bmitted, oh W. Hayek The City Manager asked whether / dovetailing as explained in the the Fitz Construction Cn Pn Dec. 6, 1976 Page 7 or not Council agreed with the process letter from the City Attorney concerning IV Mt. Prospect Addition The Gla or that everyone seemed comfortable with that. There was no objections. Regarding the work program r Ralston Creek, Councilman Balmer questioned whether or not there was a for dredging along the creek. The Mayor advised that there w Flkaning on a continual basis. The City Manager related 14s cpnv sation with Parks and Recreation Commissioner Flo StOCIOM ncarnin detention of storm water at Happy R1UOff rk and at the Hi Hill location. The Cormnission is actively working against these proj cts.',Public works Director Dick Pl.astino Will be meeting with area residents concerning the Happy Hollow Park. The Hayek property would need to be acquired if the Park is used for detention of water. The possibility of moving Happy hollow diamond was noted. The City Manager advised that the environmental review for Happy Hollow is on file and advertising requirements had been observed. Councilman Balmer voiced appreciation of PlastinoIs comments on the �lPn ai /S?venth AvPmraff;c cyjon. Mayor Neuhauser suggested that all the people in the neighborhood should have been contacted before the resolution was put on the agenda. Balmer mentioned that the rumble strips on Lexington are inadequate but the stop signs are effective. Several members noted that they would not support the resolution. TRANSIT ASSISTANCE City Manager Neal Berlin presented Council with the notification of resignation of Steve Morris as 7Y7ansit Superintendent to be effective on December 17th. Everyone agreed that Steve had done a great job with the transit system Concern was expressed concerning turnover on the staff. Morris was present and gave some background on thetransit ass;stance program,am. Morris explained the percentages and figures used to request the $165,000. The City Manager commented that the real issue is the level of service, to increase it to provide specialized transportation for the handicanned. The sub-ccnmdttee of Transit Advisory Committee of Regional Planning has presented infonnation and a recommenclation, on which Morris concurred, to work on a contract with the Board of Supervisors to operate an additional vehicle with a lift on it. The County is already set up to operate the SEATS program. Morris explained that if the City gets the $165,000, and if $60,000 is spent for specialized transportation, there would be $100,000 left which could be used to dislocate property tax. This year $119,000 was taken from property tax for transit. City Manager Berlin reminded all. that the City was down $300,000 in property tax, add will have to come up with $300,000 in revenues to balance. the budg@t, plus the rrpl.acenent of the perpetual care fund ($70,000). The Mayor -noted that if the entire $165,000 is used for transit, there will be severe cutbacks in other departments. There will be several students p'Vesent at the formal meeting to discuss the application. Don Schaefer of -Regional Planning Ll CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.1800 NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING AN APPOINTMENT TO THE FOLLOWING COMMISSION: RESOURCES CONSERVATION COMMISSION One Vacancy - Unexpired Term September 6, 1977 - January 1, 1979 The duties of members of the Resources Conservation Commission will include serving as an advisory body to the City Council of Iowa City. They shall research, review, and recommend policies, rules, regulations, ordinances, and budgets relating to matters of energy and resource con- servation and provide recommendations and reports to the City Council on the activities of the Commission. The Commission shall exercise broad responsibility for development of resource conservation policies and shall pay special attention to long-range planning and programming. The Commission shall, for the public welfare, make recommendations on energy matters. These recommendations may relate to local governmental and quasi -public agencies, private residences and investment properties, and office commercial and industrial properties. Iowa City appointed members of boards and commissions must be qualified voters of the City of Iowa City. This appointment will be made at the September 6, 1977, meeting of the City Council at 7:30 P.M., in the Council Chambers. Persons interested in being considered for this position should contact the City Clerk, Civic Center, 410 East Washington. Application forms are available from the Clerk's office upon request. 3 3'/A 0 Mayor Mary linul -,usor civic Center 410 F. Siashint,' on Stroot Iowa, City,,Iowi 52.240 "ear P"ayore RECEIVAPIL 2 61977 922 �,. Church Street Iowa City, Iowa July 26, 1979 rr' � In May e" this !ear I was appoJntn.x a nnmber of On newly a!stablieled 6e•ourcp Conservation Connission. Accor"inF to W.- Or? mance, only Iowa City rnsir.nnts are eligible to serve on the commission. I am soon to move to a residence outside the city limits and must therefore resign my com- mission position. The date of moving is August 1. I regfet wivinp up this position and rerret the inconvenience to you o:" having to select a new member. I can continue with . the commission lxntil a new member is appointed if you wish. uj. I OgW