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July 26, 1977
Fr
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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
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