HomeMy WebLinkAbout1977-11-22 Agenda• s
AGENDA
REGULAR COUNCIL MEETING
NOVEMBER 22, 1977 7:30 P.M.
Item No. 1
MEETING TO ORDER
ROLL CALL -Ne ha: ,e,- h p, l F,eyrr a�sPt° P -v tv.T��7;3s�
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Item No. 2
PUBLIC DISCUSSION
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Item No. 3
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED.
a. Approval of Official Actions of regular Council meeting of
November 8,I:1977,, subject to correction, as recommended by City.
Clerk.
b. Minutes of Boards and Commissions:
(1) Housing Commission meeting of November 2, 1977.
(2) Housing Commission meeting of November 9, 1977. ,-
(3) Airport Commission meeting of October 20 1977.
`
Community Needs meeting of November 2, 1977.
(4) Committee on C y 9
(5) Committee on Community Needs meeting of November 7, 1977.
(6) Committee on Community Needs Public Meeting of November 10,
1977.'
C. Permit Resolutions as recommended by the City Clerk:
(1) Res. Approving Class C Beer Permit: application for Toni Harney
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Oil Co. dba/Downtown Conoco, 105 E. Burlington (new).
(2) Res. !Approving Class C'Beer Sunday Sales Permit application
for Tom Harney Oil Co. dba/Downtown Conoco, 105 E. Burlington
(new).,
(3) Res. Approving Class C Liquor Control License for Terry O'Brien
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Jack Rarick dba/The Vine, 529 S. Gilbert (new).
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Agenda
S
Regular Council
Meeting
November 22, 1977 7:30 P.M.
Page 2
(4) Res. Approving Class C Liquor Control License for Walter
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Poggenpohl dba/Walt's, 928 Maiden Lane (renewal).
Approving Cigarette Permits. �
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d. Motions:
(1) Consider motion to approve disbursements for the period
October 1-31,',1977, in the amount of $1,283,924.35, as
recommended by the Finance Director, subject to audit.
q��111 ,JAbs/F' of o i- E/rcf%w AS OCA'tll"rGl by
Ca) rnor:old d0
Jol'N,OSq Co. �KdIio0. cr EIJTIJ,J- 1118177)
e. Correspondence:
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(,l) Letter from Bruce Costello, CSC Manager of Heinz, Iowa City,
concerning condition of Heinz Road. Thi,s�letter has been
referred to the City Manager for reply.
(2) Letter from Irene W. Murphy regarding calendar parking.' This
letter has been referred to the City Manager for reply.>
(3) Letter from Richard A. Lahr regarding appointments to boards
and'commissions'for the 1977=78 school year,
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END OF,CONSEt CILENDAR
Item No. 4
CITY COUNCIL APPOINTMENTS:
a. The following appointments, scheduled to be made at the November 29 '
meeting of the City,Council; will be postponed until the December
meeting since there will not be a meeting on November 29.
(1) Board of Adjustment - 1 vacancy.
(2) Board of Appealsi- 3 vacancies.
(3) Board of Examiners of Plumbers'- 2 vacancies.
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b. Consider an appointment to the using Commission to fill an
unexpired term ending May 1; 977. /977
ACTION:
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Item No. 5
CITY COUNCIL INFORMATION:
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Agenda •
Regular Council Meeting
November 22, 1977 7:30 P.M.
Page 3
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Item No. 6 REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY:
a. City Manager
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b. - City Attorney
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DEVELOPMENT PLAN OF TY'N CAE
Item No. 7
PUBLIC HEARING ON THE FINAL PLANNED AREA
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ADDITION, PARTS 1 AND 2. S-7740..
ou Comment:
Ty'n Cae, Inc. has requested that the City Council set a public hearing
on November 22, 1977,,waive the readings and approve an ordinance to
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adopt the final .Planned .Area Development plan of'.Ty'nCae Addition
located east of Mormon Trek Boulevard and north of the City limits'.
The Planning and Zoning Commission is expected to approve the Ty'n' Cae
plans on November 17,1977. 'Assuming approval of the PAD plan by the
Commission, '.t is item''should be ready for approval.
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Action:
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Ite No.1{ 8
CONSIDER A RESOLUTION TO APPROVE THE FINAL LARGE SCALE RESIDENTIAL
DEVELOPMENT PLAN AND FINAL PLAT OF TY'N CAE ADDITION, PARTS 1 AND 2.
Comment:.'
This item was submitted in conjunction with the above item which also
the applicant wishes the Council to approve at this meeting. The
Commission is expected to approve this item at a regular meeting
to be held November 17, 1977. The plat and legal papers have been
submitted, reviewed and are in proper order. The Staff will give a
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verbal explanation ofithe Commission's decision on this item and the
above item at the informal meeting on November 21. A Staff analysis
of the subject item was presented in a• Staff�eReportrdated*September,»15;j
A977,iwhichh is attached to agenda.
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Agenda
Regular Council
Meeting
November 22,
1977 7:30 P.M.
Page 4
Item No. 9
CONSIDER AN ORDINANCE AMENDING MUNICIPAL ORDINANCE NO. 2621 BY EXEMPTING
RAILROAD CROSSINGS AT BURLINGTON STREET, DUBUQUE -DES MOINES STREETS,
CLINTON-DES MOINES STREETS, AND KIRKWOOD-GILBERT COURT FROM THE
PROVISIONS OF MUNICIPAL ORDINANCE NO. 2621 WHICH REGULATES THE AMOUNT
OF TIME THAT RAILROAD CROSSINGS MAY BE BLOCKED BY STANDING TRAINS
(second consideration).
Comment:
In 1976, the State Legislature passed Iowa Code 8327G.32 which basically
prohibited trains from blocking ,any railroad crossing in the State for
over 10 minutes. Iowa City, since April of 1972, has had Iowa City -
Ordinance #2621 which prohibits 'a standing train from blocking railroad
crossings in the City for over five minutes. Pursuant to the authority
granted by the; State statute, the Department of Transportation scheduled
a hearing ,for October 27, 1977, to determine whether the safety
or conveniencerequires that the Iowa City ordinance remain in effect and
;that the State statute not be instated.- She D.O.T. has authority under
the statute, to hold the Iowa City Ordinance void for any or all of
the railroad crossings :in Iowa 'City.
The Legal Department, pursuant to the authorization granted to it by the
City Council on October 24, 1977,',negotiated a settlement with the
Chicago, Rock Island & Pacific Railroad Company (Rock Island) and the
Cedar Rapids and IowaCityRailway Company (CRANDIC) concerning the.
blockage of railroad crossings in Iowa 'City. The agreement reached with
the two railroad lines was that the Rock Island and the'CRANDIC would
withdraw their complaints to all of the 20 crossings within Iowa City if,
the sIowa City ordinance wasiamended to allow the State's 10 minute
r of the railroad crossings located
limitation to be 'controlling on r fou e g
within the City: Clinton -Des Moines Streets, Dubuque -Des Moines
Streets, Kirkwood -Gilbert Court, and Burlington Street. This was the
proposal for settlement that the, Legal 'Department'presented to the Council,
at its October' 24, 1977, meeting and which the Council accepted.
Action
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Item No. 10
TRACT F LAND TO CN ZONE Z-7704. first
AN ORDINANCE TO REZONE A RAC 0 (
consideration) -
Comment:'
Barker and Barker Development Company had submitted a request to rezone
a 2:7 -acre tract of :land located west of Highway 1 and Dane's Dairy'.
and contiguous to the 'south' City limits conjunctively with a request
to rezone the, property to a CH Zone. The, Council at the September 6,
1977 public hearing on the rezoning request adopted.a resolution annex-
ing the area. All subsequent action, however, was deferred pending
completion of the annexation process. This annexation process has now
been completed and this item is now being', placed on the agenda for first
consideration. Also, a subdivision plat had been, submitted of this area
and was approved subject to: (1) that the provisions of the Storm Water
Management'Ordinance'be met, and (2) that the developer will submit an
agreement not to build on the 50 x 100 foot triangle in the southwest
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Agenda •
Regular Council Meeting
November 22, 1977 7:30 P.M.
Page 5
corner of Lot 4 (of said subdivision), that this triangle not be used
A I f Lt4 dthtthe
to compute the storm water a en on area or o an a
applicant will not build on Lot 4 for a period of three years. If the
Council will recall, there was a problem with providing a frontage
road to the subdivision which would not create problems such as at the
intersection of Keokuk Street and Highway 6 Bypass. The applicant.
wishes to discuss this matter with the Council at the informal meeting
of: the, Council.
Action: C AC l 'J V. �j/p.,l ✓ P ,r.. i {{ '/d
Item No. 11 CONSIDER RESOLUTION APPROVING PRELIMINARY DESIGN PLANSSUBMITTED BY
�6 PENTACREST GARDEN APARTMENTS FOR URBAN RENEWAL PARCELS 93-1 AND 101-2.
�j Comment: Pentacrest Garden Apartments has submitted preliminary design plans for
the development of parcels 93-1/101-2. The staff and the Design Review
Committee have reviewed the plans. A Redevelopment Division Staff -
n Report and a Design Review Committee Report have been submitted to the
City Manager, and are attached to this agenda.
if hAction: i a0� l�r.,ri: k.: ��rt.r: r� q 1 ,�. d• / 2 ',Ss�rC 3 ,.
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12 CONSIDER RESOLUTION TO APPROVE THE PRELIMINARY AND THE FINAL LARGE SCALE
RESIDENTIAL DEVELOPMENT PLAN OF PENTACREST' GARDEN COURT' APARTMENTS:'.
y % 5-7749.
Comment:' The Planning and Zoning Commission at a'regular meeting held on
November 3 1977, recommended by a 6-0 vote approval of the subject
plan of a, proposed 96 -unit apartment complex to be located on a tract of
land between Burlington and Court Streets and between Madison and
Clinton Streets contingent upon the signatures of the utility companies.
This recommendation is consistent with the Staff's recommendation
presented in a Staff `Report dated November 3, 197,,7, which was attached
to the'Council agenda of, November 15th
Action
Item'No. 13 CONSIDER RESOLUTION A
PROPERTY
-
E� F URBAN RENEWAL 0
AUTHORIZING THE SAL 0
R
r ,I PARCEL 81-1' TO RICHARD PIEPER.'
Comment: The City of Iowa City solicited', proposals for the purchase of Urban
Renewal property in July, 1977. Proposals were received on September 15,
1977. Preferred developers were designated by the City Council at the
regular. 'meeting'of October 4, 1977..The City staff forwarded to the
City Council and the City Clerk's Office a copy of this resolution and
the contract as attachments to Resolution No. 77=411, which was approved
by the City Council Oct. 18, 1877. Public notice that this res. and
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Agenda •
Regular Council Meeting
November 22, 1977 7:30 P.M.
Page 6'
contract were on file in the City Clerk's Office was published on
October 21, 1977. This resolution authorizes the Mayor and the City
Clerk to execute the contract; and authorizes the City Manager to
prepare a deed for said property and to deliver the deed to the purchaser
upon receipt of payment for said property. This resolution is one
of seven (7) resolutions on this agenda. The seven resolutions and
contracts included on this agenda are for Parcels 81-1 to Richard Pieper,
82-1a to the College Block Partners, 93-1/101-2 to Pentacrest Garden
Apartments, 93-2 to Ervin Lovetinsky, 101-1 to Perpetual Savings and
Loan Association, 102-1 to Mod Pod, Inc., and 102-3/102-4 to First
Federal Savings and Loan.
Action:.
Item No. 14 CONSIDER RESOLUTION AUTHORIZING THE SALE OF URBAN RENEWAL PROPERTY -
PARCEL 82-1a TO THE COLLEGE BLOCK PARTNERS.
Comment: See comment /regarding Item No. 13.
Action: '; G�nti �(G;.�L �e I C£ �(�� .Lc 6�G
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_ Item No. 15 ' CONSIDER RESOLUTION AUTHORIZING:THE SALE OF URBAN RENEWAL PROPERTY
PARCELS 93-1/101-2 TO PENTACREST GARDEN APARTMENTS.'
Comment: See comment regarding Item No 13.
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LPARCEL9371
i J,'i.i ,(',.�. a� �.tii/. Y/o Y ..i�Item No. 16UTION AUTHORIZING THE SALE OF URBAN RENEWAL PROPERTY
ERVIN LOVETINSKY. �/7
Commentegarding Item No. 13.
Action: o I
Item No. 17 CONSIDER RESOLUTION AUTHORIZING THE SALE OF URBAN RENEWAL PROPERTY -
PARCEL 101-1 TO PERPETUAL SAVINGS AND LOAN ASSOCIATION.
Comment: See comment regarding Item No. 13.
Action:
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Agenda •
Regular Council Meeting
November 22, 1977 7:30 P.M.
Page 7
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Item No. 18 CONSIDER RESOLUTION AUTHORIZING THE SALE OF URBAN RENEWAL PROPERTY -
^, PARCEL 102-1 TO MOD POD, INC.
Comment: See comment: regarding Item No. 13.
...Action: ��z� � Os !✓ C �
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Item No. 19 CONSIDER RESOLUTION AUTHORIZING
THE SALE OF URBAN RENEWAL PROPERTY
PARCELS 102-3/102-4 T0 FIRST FEDERAL SAVINGS AND, LOAN.
Comment: See comment
ff regarding Item No. 13.
Actioni C-Q.�'- i s (. �^.r i I ( �r l 0
Item No.. 20 CONSIDER A RESOLUTION TO APPROVE THE PRELIMINARY PLAT OF BARKER'S
SECOND ADDITION. S-7743,
Comment:The Planning and Zoning Commission at a regular meeting held on
October 20, 1977, recommended by a,5 -O vote approval of the subject
subdivision located west of Highway 1 and south of, the City limits. "
fir, J °J`1\$�1� Qhis!'item.was,deferred by the City Council at a regular meeting held
on November 1,`1977, pending the decision by the Board of Supervisors
,�pP,LE� on this.particular plat; because' of apparent deficiencies and discrepancies
in the County's ordinance provisions. :The County Board of 'Supervisors
approved the plat contingent' upon (a) the City's approval of the plat,
and (b) the applicant', obtaining a"variance from the County+Board of
Adjustment in the required minimum lot size for lots located within!,
the ,floodplain of the creek.As the Board of Supervisors has approved
the plat, it would be appropriate for the City Council to .again consider
the plat. The subdivision complies with 'all requirements of the City.
Action: 1,�: .q I.. 'i _ •�etar f -.,-r i ..n�-i'an i,'�, 'r ..` nl.+Pv n(o 1•l.
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Item No., 21 CONSIDER RESOLUTION TO APPROVE THE PRELIMINARY PLAT OF NORTHRIDGE
SUBDIVISION:` S-7747.
Comment: The Planning and Zoning Commission at a regular meeting held on
November, 3, 1977 recommended by a 6-0 vote approval of the subject
subdivision located between North Governor and Dewey Streets and across
from the Johnson County Social Services Building, subject to the fol-
lowing stipulations:
(a)' that the deficiencies and discrepancies noted in the November 3
Staff Report be corrected,
(b) that the",LegalStaff review the legal papers,
(c) that the covenants' be attached to the plat regarding:
(1) joint driveways for Lots 1 and 2, and for Lots 4 and 5, and
(2) granting the: lots a common use, area in the center area of the
subdivision, and
(d) that a waiver be granted in, the block width requirement.
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Agenda 1 •
Regular Council Meeting
November 22, 1977 7:30 P.M.
Page 8
This recommendation is not entirely consistent with the Staff's
recommendation presented in a Staff Report dated November 3, 1977,
which was attached to the Council agenda of November 15, 1977.
The subdivision, however, is acceptable to the Staff if common open
space is provided for use of all residents within the subdivision.
The deficiencies and discrepancies noted above have been corrected.
Approval of the plat should include a waiver in the required width of
a block subject to a note indicated on the plat that common open space
and joint driveways will be provided'.
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Action:
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Item No. 22
CONSIDER A RESOLUTION TO APPROVE THE PRELIMINARY PLAT OF BRYN MAWR,
HEIGHTS, PART 11: S-7745.
Comment:,;
The Planning and Zoning Commission at a'regular meeting 'held on
October 20, 1977, recommended by'a 3-2 vote approval of the subject
subdivision subject to the following contingencies:
(1) that curve data be provided,
(2) that the lots be fully dimensioned,
(3) ' that a 6" integral curve be indicated in the cross-section drawing,
(4) that all easements be labeled,
(5) that the legal description be corrected, and
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(6) ,that a north -south walkway be provided from Ealing to Wrexham'-
proposed
Drive located 'approximately midway east to west in thep p
development.
This recommendation was not consistent with the Staff's recommendation
presented in a Staff Report dated October 20, 1977, which was attached to '
the Council agenda of November 1, 1977: Specifically, the subdivision
includes two continuous streets over,a,thousand feet inllength which is
highly undesirable in residential, developments in regard 'to safety
considerations and a sense of neighborhood' unity. The two negative votes
by ,the Planning and Zoning Commission were for this reason. We have
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been informed: by the applicant's engineer that they propose to amend
the plat to eliminate the Staff',s concern and will be ready, for approval
at the Council meeting.
This matter may have to be referred to the'Planning and Zoning Commis-
sion before the Council can act on it. However, we will not receive the
formal answer:until Monday'.
Action:
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Item No. 23
CONSIDER.A RESOLUTION DISPOSING OF VACATED PORTION OF ALLEY.
Comment:
Following the public hearing on the sale of this vacated portion of the
alley at 222 E. Prentiss, Council approval is now requested on its sale to
William D. Kerfoot, an adjoining property owner.
Action::
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