HomeMy WebLinkAbout1995-06-06 ResolutionRESOLUTION NO. 95-129
RESOLUTION ACCEPTING THE WORK FOR THE EXTENSION OF SANITARY
SEWER IN THE FORMER LOOS STREET RIGHT-OF-WAY,
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City,
Extension of 243 linear feet of 8-inch sanitary sewer in the former Loos Street right-of-
way, as constructed by Barkers, Inc. of Iowa City, Iowa.
WHEREAS, a maintenance bond ha~ been filed in the City Clerk's office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all
dedications and public improvements are hereby formally accepted.
Passed and approved this 6th
CITY CLERK
It was moved by Nmv~ c~
day of June , 1995.
v'~Y Attorney's Office
and seconded by
adopted, and upon roll call there were:
Pigott
the Resolution be
AYES:
X
x
x
x
NAYS:
ABSENT:
Baker
Horowitz
X Kubby
Lehman
Novick
Pigott
. Throgmorton
'\
CITY OF I0 WA CITY
May 30, 1995
ENGINEER'S REPORT
Honorable Mayor and City Council
Iowa City, Iowa
Re: Former LoGs Street Right-of-Way
Dear Honorable Mayor and Councilpersons:
I hereby certify that the extension of sanitary sewer in the former LoGs Street right-of-way
has been completed in substantial accordance with the plans and specifications of the
Engineering Division of the City of Iowa City. The required maintenance bond is on file in the
City Clerk's office for the sanitary sewer improvement constructed by Barkers, Inc. of Iowa
City, Iowa.
I recommend that the above-referenced improvements be accepted by the City of Iowa City.
Sincerely,
Richard A. Fosse, P.E.
City Engineer
EAST WASHINGTON STREET · IOWA CITY, IOWA
RESOLUTION NO. 95-130
RESOLUTION ACCEPTING THE WORK FOR THE EXTENSION OF SANITARY
SEWER TO THE SOUTH SIDE OF ROHRET ROAD FROM THE WEST SIDE OF
DEERFIELD DRIVE,
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City,
Extension of 185 linear feet of 8-inch sanitary sewer to the south side of Rohret Road
from the west side of Deerfield Drive, as constructed by Maxwell Construction, Inc.
of Iowa City, Iowa.
WHEREAS, a maintenance bond has been filed in the City Clerk's office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all
dedications and public improvements are hereby formally accepted.
Passed and approved this
6th day of
CIT~'CLERK
June , 1995.
~~ey s Office
It was moved by Nm,,~r~ and seconded by
adopted, and upon roll call there were:
Pigott
AYES: NAYS: ABSENT:
X Baker
x Horowitz
v Kubby
X Lehman
x __ Novick
X Pigott
X Throgmorton
the Resolution be
RESOLUTION NO.
RESOLUTION ACCEPTING THE WORK FOR THE EXTENSION OF SANITARY
SEWER IN THE FORMER LOOS STREET RIGHT-OF-WAY.
WHEREAS, the Engineering Division has certified that the following '
completed in accordance with the plans and specifications of the
Extension of 243 linear feet of 8-inch sanitary sewer in tl
way, as constructed by Barkers, Inc. of Iowa City,
WHEREAS, a maintenance bond has been flied in the C
NOW, E]E IT RESOLVED BY THE CITY,
Said public '
dedications and public
are hereby formally
Passed and approved this
are hereby accepted
previousl
and declared (
ave been
of Iowa City,
Loos Street right-of-
Clerk's office.
OF IOWA CITY, IOWA, THAT:
City of Iowa City, Iowa, and that all
as not being open for public access
for public access and use.
, 1995.
ATTEST:
CITY CLERK
MAYOR
y's 0 ffice.5-_,.~/_
It was moved by
adopted, and upon roll c~
AYES:
NAYS:
conded by
the Resolution be
ABSENT:
Baker
Horowitz
__. Kubby
Lehman
Novick
__ Pigott
__ Throgmorton
RESOLUTION NO.
RESOLUTION ACCEPTING THE WORK FOR THE EXTENSION OF SANITARY
SEWER TO THE SOUTH SIDE OF ROHRET ROAD FROIV] THE WEST SIDE OF
DEERFIELD DRIVE,
WHEREAS, the Engine Division has certified that the following improvements h.ave been
completed in ce with the plans and specifications of the City of Iowa
Extension of
from the
of Iowa City,
linear feet of 8-inch sanitary sewer to the south side of et Road
of Deerfield Drive, as constructed by Maxwell Cons Inc.
WHEREAS, a maintenance ,ond has been filed in the City Clerk's office
NOW, THEREFORE, BE IT R ~OLVED BY THE CITY COUNCIL
CITY, IOWA, THAT:
Said public improvements at,
dedications and public
are hereby formally accepted
~ereby accepted by the City
ents previously set aside a~
declared open for publi
City, Iowa, and that all
being open for public access
and use.
Passed and approved this
day of
,1995.
ATTEST:
CITY CLERK
MA
it was moved by
adopted, and upon r. oll call tye
seconded by
were:
NAYS:
the Resolution be
ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
\ Pigott
~i,~ Throgmorton
CITY OF IOWA CITY
May 30, 1995
ENGINEER'S REPORT
Honorable Mayor and City Council
Iowa City, Iowa
Dear Honorable Mayor and Councilpersons:
I hereby certify that the extension of sanitary sewer to the south side of Rohret Road from
the west side of Deerfield Drive has been completed in substantial accordance with the plans
and specifications of the Engineering Division of the City of Iowa City. The required
maintenance bond is on file in the City Clerk's office for the sanitary sewer improvement
constructed by Maxwell Construction, Inc. of Iowa City, Iowa.
I recommend that the above-referenced improvements be accepted by the City of Iowa City,
Sincerely,
Richard A. Fosse, P.E.
City Engineer
410 EAST WASHINOTOIV STREET · IOWA CITY, IOWA 32240-1826 · (319) 356-3000 · FAX (319) 356-3009
IOWA CITY: BEYOND 2000
Iowa City is an attractive, energetic city with a vital downtown, a
healthy economy, safe neighborhoods, and diversity in its people. As
Iowa City grows, we will strive to preserve the character and
identity of the community while guiding the creation of compatible
new areas; protecting the environment; encouraging diversity in the
population, in housing, and in jobs; and of~ring opportunities for
human development to Iowa City's citizens. Iowa City will be an
inclusive, accessible, and safe community to all its citizens -- all
races, cultures, lijlkstyles, ages, and socio-economic groups, while
giving particular attention to persons with disabilities.
Revised 6-6-95
-2-
RESOLUTION NO.
RESOLUTION AMENDING THE IOWA CITY COMPREHENSIVE PLAN TO
INCLUDE "IOWA CITY; BEYOND 2000 - IOWA CITY'S VISION FOR THE
FUTURE"
WHEREAS, a Comprehensive Plan is a statement of goals and policies of the community; and
WHEREAS, Iowa City adopted a Comprehensive Plan in 1978 which has been amended from
time to time as the community has grown and changed; and
WHEREAS, the Iowa City City Council decided in the spring of 1994 to create nine citizen
task forces to envision the future of Iowa City; and
WHEREAS, the vision statements these task forces developed were incorporated in the
document "IOWA CITY: BEYOND 2000 - Iowa City's Vision for the Future"; and
WHEREAS, "IOWA CITY: BEYOND 2000" expresses the collective view of the vision and
goals of the people of Iowa City for the future of this community and will be used to guide
future policy decisions of the City Council on the growth and development of the community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The Iowa City Comprehensive Plan is hereby amended to include the vision expressed in
"IOWA CITY: BEYOND 2000 - Iowa City's Vision for the Future."
Passed and approved this
day of ,1995.
MAYOR
ATTEST:
CITY CLERK
It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
AYES: NAYS: ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
City of Iowa City
MEMORANDUM
Date:
To;
From:
Re:
City Council
Karin Franklin, Director, P
IOWA CITY: BEYOND 2000
On May 23, 1995 the public hearing on IOWA CITY: BEYOND 2000 was closed. A resolution
is on the Council's agenda of June 6 to adopt IOWA CITY: BEYOND 2000 as an amendment
to the Comprehensive Plan. The Council's position on a couple of issues was unclear at the
close of the hearing. At the work session on June 5, I would like to discuss the items noted
below and have the Council reach consensus so the document can be revised accordingly before
the Tuesday night formal meeting.
Reference to persons with disabilities. Is the statement on p. 2 adequate, or should there be
changes in the body of the document from "all citizens" to "persons with disabilities"?
Citizens/residents. Throughout the document the term citizen or resident is used to describe the
object of the service, policy or concern. A suggestion has been made by Councilor Novick that
a more generic term ba used to include everyone who may live in or visit Iowa City. I believe the
vision statement, as a guide to more detailed public policy, was intentionally focused on the
people who are citizens and/or residents of Iowa City; that is those people who legally have a say
in or pay for the policy direction and services provided by the City. Does the Council wish to
broaden the scope of the vision statement? This was not discussed at Planning and Zoning.
Inclusion as expressed in the Human Rights Ordinance. Councilor Novick also suggested the
phrase on p.2 which defines inclusion parallel the language of the Human Rights Ordinance. The
protected classes in the Human Rights Ordinance are age, color, creed, disability, marital status,
national origin, race, religion, sex or sexual orientation. The only category left out of the
ordinance list which is included in the vision statement list is socio-economic groups. Does the
Council wish to amend the last line on p.2 to include all the groups mentioned in the Human
Rights Ordinance or to include at least those groups which do not logically fall under the
categories currently listed?
bc3-1KF
COOPERATIVE EFFORTS
Iowa City is a growing city within the Jobnson/Linn County region. It is a city composed of diverse
individuals and groups. The community is best served through the participation of its members, the
:cooperative efforts of its parts, and coordination among the governments that serve the region.
GOALS
Cooperate in devising inclusive ways in which the citizens of Iowa City can be actively
informed about local issues and become active participants in setting the community's agenda.
Offer and support opportunities for residents, government and organizations to work together.
~ .......... Develop a city government and a transportation planning process that are open to
input t?om citizens and will ensure adequate attention is paid to all forms of transportation.
Encourage and support collaborative efforts among government, business, community
organizations and the University to further Iowa City's vision.
Cooperate with the University of Iowa, Johnson County and neighboring communities to address
land use issues of mutual concern, especially the planned development of contiguous areas.
Foster creative partnerships with neighborhood associations, businesses, schools, governmental
agencies, and other organizatious in parkland and program development.
-3- Revised 6/5/95
ARTS, CULTURE & HUMAN DEVELOPMENT
Iowa City has a state and national reputation for its quality of life. To enhance this reputation the
City nmst provide resources and opportunities for learning and growth to all citizens. Culture,
human development and the arts nmst be a prime focus for the community.
Programs and sorvic~ related to culture, human development and tile arts must be:
* accessible to all,
* responsive to the varied needs and interests of a diverse population,
* complementary to the rich resources of tile University of Iowa, and
* recognized as critical to the economic success of the City.
Iowa City must meet the on-going challenge to preserve and improve a unique quality of
life for a growing population and to provide a fertile environment for creative endeavors.
GOALS
Existing public facilities and programs tbat promote culture, Iraman development and the arts
will be considered essential city services. Optious to provide additional or improved public
spaces in support of this role will be explored.
Elected officials and city policy makers will consider human development factors when makiug
decisions.
Promote Promote positive media relationships for the parpose of promoting culture, human
development and the arts will be fostered.
Programs and services that meet the needs of all citizens will be offered.
Our cultural heritage will be documented and preserved.
Revised 6/5/95
SOCIAL SERVICES
The City of Iowa City provides the foundation for a caring community by responding to human
needs, being ethically accountable, and making decisions for the greater good. Our community
eoeoarages the participation of all citizens to create a elimate of social acceptance and well-being.
We embrace life-long education, good health, deceat housing, rewarding work, and helping each
other as basic elemants that are essential to our quality of life. City snpported social services
complement and strengthen the efforts of citizens helping each otber to enjoy that quality of life.
GOALS
Promote "service to others" as a commanity standard that calls on each of us to help address the
social service needs of onr fellow citizens.
Establish centers for social services in which a wide array of programs can be coordinated and
provided to the community tbroughout the City.
· As an employer, model a leadership role in the area of social service through employee programs.
Strengthen internal support for Iraman services planning and coordination.
Increase financial support for homan service agencies as necessary,
· Assume a leadership role aad a proactive stance oa accessibility issues to ensure that every citizen
has equal access to all aspects of the community.
· Before action is taken on any matters being considered by Iowa City's City Council, its Commis
sions, Boards, or Committees, the potential impact upon tho social sotrico needs of tho people in
ibis community sbonld be coosidered. Coasider the social service needs that .ray be generated by
the actions of the City before taking action.
-12- Revised 6/5/95
RESOLUTION NO. 95-131
RESOLUTION APPROVING THE PRELIMINARY PLAT OF EAST HILL SUBDIVI-
SION, IOWA CITY, IOWA.
WHEREAS, the applicant, East Hill Subdivision, Inc., filed with the City Clerk of Iowa City,
Iowa, an application for approval of the preliminary plat of East Hill Subdivision; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the preliminary plat and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due
deliberation, recommended acceptance and approval of the plat; and
WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances
of the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
The preliminary plat of East Hill Subdivision, Iowa City, Iowa, is hereby approved
subject to a determination of whether the City accepts the applicant's offer to dedicate
Outlot "A" for the development of a trail prior to final plat approval.
The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and
directed to certify this resolution, which shall be affixed to the plat after passage and
approval by law.
Passed and approved this 6th day of June , 1995.
CIT'FCLERK
It was moved by Novick and seconded by
adopted, and upon roll call there were:
Baker
the Resolution be
AYES: NAYS: ABSENT:
X
X
Baker
Horowitz
· Kubby
Lehman
Novick
Pigott
· Throgmorton
STAFF REPORT
TO: Planning & Zoning Commission
Prepared by: Scott Kugler
Item: SUBgS-0009. East Hill Subdivision.
Date: April 20, 1995
6ENERAL INFORMATION:
Applicant:
East Hill Subdivision, Inc.
C/O Gene Kroeger
500 South Dubuque Street
Iowa City, Iowa 52240
Phone: 351-8811
Contact person:
Ralph Stoffer
Landmark Surveying & Engineering
535 Southgate Avenue
Iowa City, Iowa 52240
Phone: 354-1984
Requested action:
Preliminary plat approval.
Purpose:
To allow a 36-1ot residential subdivi-
sion.
Location:
North of Muscatine Avenue, west of
Dover Street (655 Meadow Street).
Size:
13.11 acres.
Existing land use and zoning:
Vacant, RS-8.
Surrounding land use and zoning:
North:
East:
South:
West:
Residential; RS-5.
Residential; RS-12.
Funeral home; CO-1.
Residential, Cemetery; RM-20.
Comprehensive Plan:
North portion of the site: Residential,
2-8 DU/A; South portion of the site:
Residential, 8-16 DU/A.
Applicable Code requirements:
14-6D-3 - Medium Density Single-Fami-
ly Residential zone (RS-8); Title 14,
Chapter 7, Land Subdivisions.
File date:
March 17, 1995.
45-day limitation period:
May 1, 1995.
SPECIAL INFORMATION:
Public utilities:
Municipal water and sanitary sewer
services are available to serve this site.
Public services:
The City would provide necessary ser-
vices to the area, including police and
fire protection. Robert Lucas School is
located a short distance to the east of
this site, and Court Hill Park to the
northeast.
Transportation:
This site is located in close proximity to
tWO transit routes: the Towncrest
route along Muscatina Avenue to the
south, and the Court Hill route along
Friendship Street to the north.
Physical characteristics:
Ralston Creek lies near the north edge
of the site. The site slopes upward
gently from the creek to the south,
becoming steeper near the south prop-
arty line.
BACK(~ROUND INFORMATION:
The applicant is requesting preliminary plat approval for East Hill Subdivision, a proposed 36-
lot, 13.11 acre residential subdivision located north of Muscatine Avenue, west of Dover
Street (655 Meadow Street). This site was recently rezoned from RM-12, Low Density Multi-
Family Residential, and RS-5, Low Density Single-Family Residential, to RS-8, Medium Density
Single Family Residential. The rezoning was subject to three conditions: 1) dedication of the
Ralston Creek floodplain, including public access to the dedicated area; 2) a limitation on the
density of the development to 72 units unless secondary access via a dedicated public street
is provided; and 3) the developer participating with the City in the development of a trail
within the dedicated floodplain of Ralston Creek at the time of development of the property.
ANALYSIS:
Subdivision Code Compliance:
The revised plat appears to meet the technical requirements of Title 14, Chapter 7, "Land
Subdivisions," subject to final review by Public Works. The preliminary plat is in general
conformance with the concept plan that was submitted with the rezoning application for this
property. Minor changes include the renaming of Cascade Court to Catskill Court, and the
minor reconfiguration of Lot B, to be dedicated to the City. A Grading and Erosion Control
Plan will have to be approved prior to City Council consideration.
Condldonal Zoning Agreement: The Conditional Zoning Agreement associated with the
rezoning of this site specified three conditions that must be met upon development of the
property:
3
Development of the property shall include dedication of the Ralston Creak floodplain
within the parcel to the City, including a public access easement from an interior
roadway within the subdivision to provide public access to the dedicated floodplain area.
The preliminary plat does show that all of the Ralston Creek floodplain is located on Lot
B, which is to be dedicated to the City. A 15 foot wide public access right-of-way and
an 8 foot wide sidewalk are being provided between Lots 6 and 7 to provide access to
Lot B.
The density of development of the subject property shall be limited to a total of 72
dwelling units, unless secondary access via a dedicated public street is provided.
The preliminary plan contains 36 building lots. In the RS-8 zone, either a single-family
home or a duplex could be constructed on each lot. Therefore, a maximum of 72
dwelling units could be constructed within this subdivision, as permitted by the CZA.
If the City chooses to develop a trail, development of the property shall be subject to
the Owner at the time of development participating with the City in the development
of a trail within the dedicated floodplain of Ralston Creek to the City's satisfaction. The
Owner's obligation shall be limited to grading and construction of a trail on the subject
property, and shall not exceed an expense of $5.000.
At this time, the best alignment for the proposed trail has not been determined. It is not
clear whether the trail will run along the north or south side of the creek. Staff
recommends that a payment of $5,000, as specified in the CZA, be accepted at the
time of final plat approval for use when the trail is constructed in the future. The
developer has indicated that this would be acceptable.
Secondary Access: The issue of secondary access to the proposed subdivision was a topic
of much discussion during the rezoning process. At that time, staff recommended that
secondary access not be required because the concept plan appeared to satisfy the Cit¥'s
secondary access guidelines. The guidelines suggest a secondary means of access when any
of the following conditions are present:
When any portion of the single access road will be overburdened with traffic. A street
is "overburdened" for the purposes of this analysis when the projected traffic volume
exceeds the midpoint design volume for its class, as designated in the Comprehensive
Plan. The single access road under discussion is proposed Catskill Court, which is to be
a local street. The midpoint design volume for a local street is 500 vehicular trips per
day. At an estimated seven trips per dwelling unit per day, the proposed development
would generate 504 trips daily, which is at the traffic volume threshold.
When there are physical features present that would inhibit access when the single
access road is blocked. These physical features include slopes of 8% or greater,
floodplains, wetlands, a bridged or culverted waterway, etc. None of these features is
present along the proposed single access road.
When there are existing or proposed facilities that would create pedestrian-motor vehicle
conflicts (schools, day care centers, parks, etc.). None are present along Catskill Court.
4
When special populations are located along the single access road that increase the
probability of emergency vehicles being required. None are present along Catskill Court.
It is staff's opinion that the proposed preliminary plat meets the City's secondary access
guidelines, However, the Fire Department has recommended that secondary access be
provided. The Fire Department's concern is with regard to the design of Perry Court and
Meadow Street near the proposed entrance to this subdivision, regardless of the number of
dwelling units that are constructed within the subdivision, Staff has suggested to the
developer that a secondary means of access again be investigated. However, staff continues
to be of the opinion that the City's secondary sccess guidelines are being satisfied, and that
the City is not in the position to require a secondary means of access to the site if one is not
available.
It is important to point out that a lack of a secondary means of access creates problems with
safety, convenience, and providing services such as mail delivery, snow removal, etc.
However, this is a problem that exists regardless of the size of the development being served
by the single access road. The City's secondary access policy is aimed at identifying an
acceptable level of risk and inconvenience, recognizing the developers' desires for cul-de-sac
type street arrangements, and the fact that there are peculiar properties that exist for which
no physical means of secondary access is available. This site may be one of those peculiar
properties, and the proposed development falls within the acceptable levels of risk and
inconvenience that have been established.
Traffic Counts: Another issue of debate during the rezoning hearings for this property was
the impact of this development on the surrounding streets with regard to traffic. Traffic
counts were again obtained for a 24 hour period on April 11, 1995. Availability of the
equipment and the deadline for the preparation of this staff report precluded obtaining counts
for a longer period of time. The new traffic counts indicated that the traffic on that day was
somewhat higher than the traffic recorded at the time of the rezoning, on January 31, 1995.
A total of 934 vehicles (484 southbound, 450 northbound) were recorded on Dover Street,
north of Muscatine Avenue, versus 790 (423 sb, 367 nb) in January. On Meadow Street,
south of Brookside Drive, a total of 780 vehicles (384 sb, 396 nb) were recorded, versus 680
(319 sb, 361 nb) in January. The Comprehensive Plan indicates that the target volume for
a local street is 1,000 vehicles per day. Development of this subdivision will likely result in
traffic levels on the surrounding streets exceeding these guidelines by a few hundred vehicles
per day. Much of this traffic is likely due to cut-through traffic between Muscatine Avenue,
an arterial street, and Friendship Street, a collector street. Dover Street actually serves as a
minor collector street in this area due to its location between an arterial and a collector street.
Neighborhood Open Space: The development of this property will require the dedication of
..48 acres of open space. Lot B, which is to be dedicated to the City, contains 1.13 acres.
The use of this area for the construction of a trail will allow this dedication to satisfy the
Neighborhood Open Space requirement for this subdivision.
Storm Water Management: The proposed plat does not contain provisions for storm water
detention, upon recommendation of the City Engineer. In this case, getting the run off from
this development into Ralston Creek and downstream as quickly as possible before peak water
levels from upstream pass by the site is preferred.
5
STAFF RECOMMENDATION:
Staff recommends that SUB9[i-0009, a request for preliminary plat approval of East Hill
Subdivision, a 13.11 acre, 36-1ot residential subdivision located north of Muscatine Avenue,
west of Dover Street (655 Meadow Street), be approved, subject to the approval of a Grading
and Erosion Control Plan prior to City Council consideration.
ATTACHMENTS:
1. Location Map.
2. Revised Preliminary Plat.
Approved by: 'l~
KeVin Franklin, Director
Department of Planning and
Community Development
ppdadmin~sffrep~.950009.sk
EAST HILL SUBDIVISION
3
~/22
N
' :: Zone
~ RS 5
Zone
RS 12
2322 Walnut Grove Ave
San Jose CA 95128
June 1, 1995
City Council
City of Iowa City
410 E Washington st
Iowa City IA 52240
Dear Council Members:
We are writing with reference to the proposed East Hill
Subdivision to be located north of Muscatine Ave and west of
Dover Street. We are former residents of Iowa City and
currently owners of a residential duplex at the corner of
Friendship St and Terrace Rd. The property is identified as
parcel number 53635000 with the address of 534 Terrace Rd.
After looking at the plot map sent to us by Mr Scott Kuglar,
we are surprised to see that there is only one exit from this
subdivision. I mentioned this to Mr Kuglar on the phone, and
his response was that there was no other alternative. I suggest
there is an alternative and that is for you to reject this plan
until the developer comes up with at least two exits from what
is labeled Catskill Ct.
We are not familiar with the specific terrain in that area;
however, it would seem that the possibility of a major
snowstorm, a major fire, a flood (we remeraber the flood of 1962
very well), or an earthquake (California is not the only place
that has them) could virtually lock people into or out of this
subdivision.
It is hard to believe that property in the Iowa City area is so
scarce that 72 families with a population that could be more
than 200 persons have to be "shoe-horned" into such a small
space. We ask you, the members of the City Council, to ask
yourself if this is the type of growth that you envision for
Iowa City.
In summary, we urge you to reject this application until at
least two exits from Catskill Ct have been included in the plans
for the East Hill Subdivision.
Sincerely,
~Jame~cha 11 a~U~
Marjorie P. Schallau
RESOLUTION NO. 95-132
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO
ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT
OF WAY BETWEEN THE CITY OF IOWA CITY, AND OUT TO LUNCH, INC.
D/B/A BLIIViPIE SURS & SALADS FOR A SIDEWALK CAFE
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within
the City; and
WHEREAS, Out To Lunch, Inc d/b/a Blimpie Subs & Salads applied for temporary use of the
public right-of-way described above for a sidewalk care thereon; and
WHEREAS, the City staff has reviewed the application, location, and specifications for the
proposed sidewalk care and found these to be in compliance with the regulations adopted by
Ordinance 95-3676; and
WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and
WHEREAS, it is in the public interest to set forth the conditions regarding such use of the
public right-of-way, as enumerated in the license agreement attached.
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and
attest said license agreement, and direct copies of this resolution together with the application
to the applicant.
2. The City Clerk is hereby directed to record this Resolution with the Johnson County
Recorder at City expense.
Passed and approved this 6th day of .~uae , 1995.
CITY'CLERK
Resolution No. 95-132
Page. 2
It was moved by ?~,rol[~o,"l-nn and seconded by
adopted, and upon roll call there were:
· AYES: NAYS: ABSENT:
X
-----.
the Resolution be
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
This Agreement is made between
EASEMENT AGREEMENT FOR TEMPORARY USE QF PUBLIC RIGHT.OF-WAY
FOR A SIDEWALK CAFE ON THE PUBLIC RIGHT OF WAY AT
IOWA CITY, IOWA V
(tenant), (collectively referred to as
"Applicant") and the City of Iowa City, Iowa, s municipal corporation ("City").
WHEREAS, the City of Iowa City ~s the owner, custodian and trustee of the public .ght of
way w~thin the City of Iowa City; and
WHEREAS, Applicant has apphed for temporary use of the pubhc right-of-way as a sidewalk
cafe; and
WHEREAS, City staff have examined the Applicant's request for a sidewalk cafe, and found
same to be in substantial comphance with City regulations; and
WHEREAS, said application has also been examined by the Design Review Committee, which
recommended approval of the proposed sidewalk care, as submitted and/or as amended; and
WHEREAS, such temporary use of the public right-of-way ~s not adverse to the pubhc use
thereof; and
WHEREAS, so long as eaid proposed use is consistent with the conditions set forth in this.
Agreement, said use is in the public interest,
PA~£ S
MAY~17-95 10,q7 FROH=
ID
2
NOW, THEREFORE, in mutuel consideration of the promises herein, Applicant and City agree
as follows:
1. Applicant/Landowner
owns
certain real estate abutting the public right-of-way located ~n Iowa City, Iowa, at the
following street address:
Applicant/tenant
occupies said
real estate abutting the 13ublic right-of-way located at said street address, and wishes
to use a portion of said r~ght-of-way for location and operation of a sidewalk cate, as
permitted by City regulations.
City staff and the Design Review Committee have reviewed Applicant's proposed use
of a portion of the right.of-way as set out in the Apphcat~on and Schematin Diagram,
attached hereto as Exhibit A and incorporated by reference herein, and find Applicant's
proposed use to be compatible with the pubhc% use thereof and that said use w~11 not
adversely affect the Qty's interests.
Based on this review, the City now finds Appl'cant s proposed use of public right.of.
way to be in the public interest, and that it is appropriate to permit Apphcant'e
3
temporary use of the public right-of-way as a s~dewatk cefe in accordance with this
Agreement, including Exhibit A, and also m conformance with all applicable local
regulations concerning sidewalk cafes.
City and Applicant agree this Agreement shall be binding upon the successors and
assigns of the Parties hereto, provided that no assignment shall be made w~thout the
written consent of both Parties to be attached hereto as a formal written Addendum.
Applicant acknowledges and agrees ihat this agreement is limited exclusively to the
location, use and purposes listed herein for a sidewalk care, that any other uses,
lacetrans and purposes are not contemplated herein, and that any expansion of said
uses, purposes or locations must be specifically agreed to m writing by the City of
Iowa City.
Applicant further acknowledges and agrees that no property right is conferred by this
agreement for the use of perbens of the public r~ght.of-way, that the City is not
empowered to grant permanent or perpetual use of ~ts right-of-way for private
purposes, that the C~ty may order 9aid lacetrans'and/or uses w~thin the right.of-way
to cease and desist if. for any reason, the City determines that said r~ght-of.way is
needed for a pubhc use and should be cleared of any and all obstructi_Eh.s~. a~-~o~rov~ia..d
-~..- __<
by § 364.1 ;L Code of Iowa (1993), and that the Applicant shall not b~:antit~
compensation should the C~t¥ elect to do so. ~:_. ,-,,) .
Applicaot also agrees to indemnify, defend and hold harmless the City, its ofhoers,
agents and employees from and against any and all claims, losses, liabilities or
4
damages, of whatever nature, including payment of reasonable attorney fees. which
may arise from the Applicant's use of the public right-of-way adsrag from this
agreement, or which may be caused in whole or in part by any act or omission of the
Applicant including their agents or employees. Applicant further agrees to provide the
City with a certificate of insurance coverage of the sidewalk cate required bv the City's
schedule of Class II insurance coverage.
lO.
Apphcant further agrees to abide by all applicable federal, state, and local laws, and
to maintain said sidewalk care in accordance with the approved Schematic Diagram
contained m Exhibit A. Moreover, Applicant specifically agrees to campIv w~th the
conditions herein, especially regarding storage location of outdoor furn~shiQj~ and
(.21
equipment when the s~dewalk cate is not operating. -.-= :=: , ,,
--,
In the event of a breech of this a0reement. the City may. at its sole discrehab', elect;
to g~ve wr,tten notice to Applicant to remove all equipment, furnitur~'bnd/~_.;~ther
objects from the City's r~ght-of-way, as provided in §364.12, Code of Iowa (1993).
In the event Applicant does not comply within the time period designated in the
written notice, the City may eject to remove, or direct removal of, any obstructruns
from the right-of-way and charge the cost of such removal to Apphcant for collecbon
in the manner of a property tax, as permitted by state and local law.
11.
In consideration for the C~ty's concerns for public safety on the public right-of-
way, Applicant specifically acknowledges said safety concerns and agrees to'
refrain from any and all s13ecial sales on alcoholic beverages in the sidewalk
c~fe area ~{~, no "2 for 1" or "happy hour" specials), Applicant also agrees to
MA¥-17-9~ 10.qB FROH: |D= PAGE 8
5
be responsible for proper education of Applicant's employees to comply with
this provision,
11,
Applicant further agrees that there will be no'increase in vehicular traffic on the
City Plaza of abutting right-of.way as a result of set-up or removal of the
sidewalk care furrushings or equipment and as r~oted in Exhibit A.
12. Should any section of this agreement be found invalid, it is agreed that the
remaining portions shall continue in full force and effect as though severable
from the invalid portion.
CiTY OF IOWA CITY, IOWA
,1995.
S~usan M, Horowitz,
Marian K. Kerr, City Clerk
Approved by;
MA¥-17-~ 10~S0 FROHI ID; PACE 10
7
City Council on the 6.*L' day of -~, .... , 199F6 and that Susan M.
Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporahen, by it voluntarily
executed. ,
Notary Public in and for the State of iowa
HA¥-I?-~S 10:~9 FROH. ID PAGE
6
~P__PLICANT/OWNER'S ACKNOWLEDGEMENT
STATE OF Iowa
JOHNSON COUNTY
On this "_~ day of ,1995, before me, the undersigned. a Notary
Public in'~d for the State of?..~_..Wa, personally appeared
to me personally known, and acknowledged the execution of the foregoing instrumeni to be
his/her voluntary act and deed and by him/her voluntarily executed.
Notary Public in and for the State of Iowa
~,PPLICANT.fi'ENANT'S ACKNOWLEDGEMENT
STATE OF IOWA
) es:
JOHNSON COUNTY
On th,s I ~ day of ,A.D. 19 efo~e me.
Notary P~-~Iic in and for the Stat~ of Iowa, personally appeared
and ~, to me personalIv known, who. ~eing by me duly sworn,
d~d say that they are the ~s,~ ~ and > ~ , respectively, of
said corporation executing the within and foregoing instrument to which this is attached, that
(no seal has been procured by the said) corporation; that ea~d instrument was signed (and
sealed) on beha(f of (the seal afhxed thereto ~s~t~e se~l of ~a~d) sa~d corporation by authority
of ~ts Board of D~ractors; and that the sa~d ,~L~[~ and _ ..
as such off.r~r~ acknowledged the execution of sa~d instrument to be the voluntary act and
deed of said corporation, by ~t and by the~ voluntarily execu~e~..
Notary Public in and for
STATE Of IOWA
JOHNSON COUNTY
On this ~..C ~L day of __ .~,,.,v , 1995, before me, _..~,~. _
~,-~c , a Notarv Pubhc in and for the State of Inw~, personally
appeared Susan M. Horowitz and Marian K. Kerr, to me personally known, and, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City
of Iowa City, Iowa; that the seal affixed to the foregoing instrument IS the corporate seal of
the corporation, and that the instrument was signed and sealed on behalf of the corporation,
by authority of its C~ty Council, as contained in Resolution No. w$./.~g passed by the
,q p,
City of Iowa City
MEMORANDUM
Date: June 2, 1995
To: City Council
From: Laura Hawks
Re:
Sidewalk Cafe at 118 S. Dubuque Street (Blimpie Subs & Salads/Uncommon
Grounds)
At its June 1, 1995, special meeting, the Design Review Committee, by a vote of 6-0,
recommended approval of the design of the sidewalk cafe to be located at 118 S. Dubuque
Street, in front of Blimpie Subs & Salads/Uncommon Grounds. Though members expressed
concerns regarding the material being used for the tables and chairs, the Committee
appreciates the need to use lightweight material that is easily stackable given the requirement
that the sidewalk cafe must be removed every night.
If you have any questions, you may contact me at 354-1984 or 338-3867 or David Schoon
at 356-5236.
cc: City Clerk
HAY-1?-gS 1~.4S
APPLICATION FOR SIDEWALK CAFE
(Title 10, Chapter 3)
ID
o,¢ x
PACE
Fee:
A. The undersigned hereby apphes for a Sidewalk Care. ^
4 Size of Sidewalk Ca(~: (~ ~q. ~ -. $5.00 sq ~ ~ $ ~ ~
REQUIREMENfS FOR SIDEWALK CAFE:
B To Be Completed By Apphcant.
0)
(2)
Attach a diagram (no larger than 8½ x 14) clearly showing sidewalk care area; seating; and a
picture or illustration of amenities and method of delineation
Attach Certificate of Insurance acknowledging insurance coverage specifically including an
endorsement for use of public right.of. way as a sidewalk cal:e in the amounts shown below.
Type Per Person Per Accident
Comprehensive General L~ability
(1) Bodily InJury $500.000 $100,000
(2) Properly Damage $250,000
Worker's Compensation Insurance as required by Chapter 85, Code of Iowa
(3) Attach a hst stabrig the names and addresses of owners and tenants of three properhas on each
side of the establishment.
(1)...
23, Code Of tows, ~'~ l~ll' I~ ;~-t.~'S~at~l~:~i'~.~¢r~'~'~;:'~ '~] ~l~rons-p~omulgat~d by the · I : '
Each application must be reviewed by the Design Rewew Commiltee. Regular Design Review meetings are
scheduled for the third Monday of each month.
tur~ '
A minimum of ter~:{~11~) wrbl'l~g alsys IS required for notification to property
review (excluding Design Review schedule).
owners and tenants, and staff
MAy-17~SS 10,qS FROM= ID= PAGE 3
C T_o Be..Rev~ewed By Cilv Staff.
THE SIDEWALK CAFE PLAN MEETS THE FOLLOWING REQUIREMENTS.
~d~((~l Proper delin,ation [10-3-3(B)(3)]
(3)
(,4)
(5)
(6)
(7)
(8)
Must be a restaurant and contiguous to premises [10-3-1].
Seating Accommodations [14-5].
Exit and Restroom Requirements [10.3.3(F)(3); 10.3-3(F)(4)J.
Amplified Sound Equipment Prohibited [10.3-3(D)(1)].
Advertised Signage Prohibited [10-3-3(F)(2)].
Unobstructed 8 foot Pedestrian Walkway {10-3-3(B)(1)}
Alley and Street Corner Requirements [10-3-3(B)(2)]
Police
Approved [ ] Denied
RESOLUTION NO. 95-133
RESOLUTION AMENDING THE AFSCIVIE CLASSIFICATION/COIVlPENSATION
PLANS FOR FY9§ AND FY96,
WHEREAS, Resolution No. 94-222, adopted by the City Council on July 1, 1994, established
a classification/compensation plan for AFSCME employees; and
WHEREAS, the classification plan of the City of Iowa City was established and is maintained
to reflect through job classification and compensation the level of job duties and responsibili-
ties performed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the position of Buyer I ~ Purchasing, be reclassified from AFSCME paygrade 5 to
AFSCME paygrade 6.
Passed and approved this 6th day of 3une , 1995.
ATTEST:/~2 CITY CLERK
It was moved by Nnv~ and seconded by
adopted, and upon roll call there were:
Pigott the Resolution be
AYES:
X
X
NAYS:
ABSENT:
Baker
Horowitz
X . Kubby
x Lehman
Novick
__ Pigott
Throgmorton