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HomeMy WebLinkAbout2002-04-16 OrdinanceMembers of the City Council City of Iowa City 410 E. Washington Street Iowa City, IA 52240 RE: Request for rezoning RR1 to RS5 (Rohret Road) Dear Council Members: Pursuant to a current request for rezoning now under consideration, as the applicant I would like to request expedited consideration of this rezoning item. The reason for this request is simply based on the availability and timely installation of driveway improvements and the need to market the existing home. Thank you for your consideration. Sincerely, Kevin M. Hanick r~.~ FOUR SIMPLE THINGS THE IO~X/A CITY COUNCIL CAN DO TO PROTECT HICKORY HILL PARK 16 April 2002 Friends of Hickory Hill Park respectfully requests that the Iowa City Coundl approve and include as part of the plat for Hickory Heights development the following four conditions: 1. As recommended by the planning and zoning staff, the development's cul de sac will be moved 200 feet closer to Scott Boulevard (200 feet back from the Hickory Hill Park's boundary); 2. The developers will construct an environmentally appropriate landscape harder to visually and physically buffer the park from the impact of the two lots nearest the park; 3. Through the use of covenants and easements, the developers will create a dearly-marked, public trail from Scott Boulevard to the Hickory Hill Park boundary, and make public parking available on the cul de sac during the hours the park is open; and 4. The developers will consult an environmental engineer or urban ecologist to assure that the negative impact of the drainage pipe carrying away toxic water from the development's driveways and cul de sac, which will empty into the creek that runs through the park, will be mitigated. %X/e ask that a fifth item, not to be part of the plat, be considered by the Council to protect the park and other public lands in the future: 5. Add language to the Sensitive Areas Ordinance that would protect scenic vistas, viewsheds and all public lands adjacent to private development; by including language that would allow the public's interest as much weight as the property owner's interests when the public's lands are impacted, David Purdy and Stacy VanZante, Co-chairs, Friends of Hickory Hill Park PHELAN TUCKER MULLEN WALKER TUCKER GELMAN LLP 321 East Market A T T 0 R N E Y S A T L A W Post 0ffice Box 2150 Phone: (3]9) 354-1104 Fax: (319) 354-6962 Apd] 10, 2002 E-mail addresses: attorney's last name @ptmlaw.com VIA HAND DELIVERED www. ptmlaw.com City Council Members William V Phelan CIO MS. Marian Karr, City Clerk Civic Center, 410 E. Washington St. Bruce L Walker Iowa City, IA 52240 Richard M Tucker Re: REZ01-00028/SUB01-00031 Application Submitted by Hickory Heights, L.L.C. for a Rezoning from Thomas H Gelman Low Density Single Family (RS-5) to Sensitive Areas Overlay Low Density Single Family (USA-5) Preliminary Plat of Hickory Heights, an Gary J Schmit 18.2 acre, 20 lot residential subdivision located west of Scott Boulevard near its intersection with Dodge Street ,,iargaret P Winegarden Dear City Council Members: Julia L Pulkrabek The second consideration of this plat and Sensitive Areas Development Plan is John E Beasley currently on the Agenda for the Council's meeting on April 16, 2002. The applicant is respectfully requesting that the second and third readings for this platting and Michael J Pugh* rezoning item be collapsed at your April 16th meeting. The developer filed its application with the City on December 13, 2001. Dean D Carrington The City staff recommended approval of both the Preliminary Plat and Sensitive Areas Development Plan in its report dated January 3, 2002. ,,~h E Swartzendruber The developer appeared before the City's Planning and Zoning Commission at its meetings on January 3rd, January 17'h and February 7th. The developer waived the 45 [)angel Pi Boyle day limitation period at the Planning and Zoning Meeting on January 17th, in order to consider additional language to be added to the final Sensitive Areas Development Plan concerning certain sensitive features on the property. At ~ts meeting on February 7th, the Planning and Zoning Commission recommended approval of the W,lham M Tucker Preliminary Plat and Sensitive Areas Development Plan by a vote of 6-0. Retired Charles A Mullah []937 2001J Aprill0,2002 Page 2 The public hearing on this matter was held before the City Council on March 19, 2002. At your April 2, 2002 meeting, these items were approved by the Council by a vote of 6-1. Although there has been considerable public input on this matter, this Application has been supported by the City staff, Planning and Zoning Commission and City Council throughout this process. The developer is anxious to begin development work on the project so that it can be completed by the end of the construction season. Thank you in advance for your consideration of this request. Very truly yours, Michael J. Pugh" c/ MJP/db ~::. .... -. cc: Hickory Heights, L.L.C. c/o Mr. Gary Watts c:~ City of Iowa City E ORANDU TO: City Coun~ FROM: Eleanor M.~il~)es, City Attorney, and Susan Dulek, Assistant City Attorney DATE: April 9, 2002 RE: Chutes and Vaults Attached is a proposed ordinance to regulate chutes and vaults. This ordinance is the result of discussion among staff from Public Works, Planning and Community Development, Treasury, and the City Attorney's Office. The primary purpose of the ordinance is to address the liability that is associated with the private use of the public right-of-way. Under the ordinance, in order for a person to use a chute or vault, the person will need to execute a written agreement with the City. No fee is contemplated at this time. Enforcement of the ordinance will be via a municipal infraction. The Public Works Department will administer and enforce this, and the Public Works Director will be authorized to sign the agreements on behalf of the City. The agreement will require the private party to assume the risk of using the right-of-way, to indemnify the City for claims, and to provide general liability and casualty insurance. The City, through the Public Works Department, regularly executes these "right-of-way agreements" or "licensing agreements" in other situations in which a private party uses the City' right-of-way. This proposal calls for a similar agreement except that it also requires the private party to assume the risk of using the right-of-way and to waive all liability for any damage sustained by the private use of the public right-of-way. In light of the costs to the City to maintain the chutes and vaults, the risk to the City of the private use, and the lack of a use or licensing fee, staff believes that it is reasonable to require such a provision. Attached also find copies of the following: 1. Memorandum from Erin Herting, the City Risk Manager, providing estimates of the cost to private parties to purchase insurance; and 2. Memorandum from Chuck Schmadeke, the Public Works Director, outlining the costs to the City of the private use of the chutes and vaults. We anticipate this proposed ordinance will be placed on the work session agenda for April 15 and on the formal agenda for the April 16 meeting. It is our understanding that Enzler's, Catherine's, and Iowa Book and Supply use chutes and vaults within the public right-of-way. Accordingly, Mayor Lehman, Connie Champion, and Dee Vanderhoef should abstain from discussion and action on this issue due to the conflict of interest. Passage of an ordinance will require 3 votes out of the remaining 4 council persons. Enc. Copy to: Stephen J. Atkins, Marian K. Karr, Erin Herting, Karin Franklin, Chuck Schmadeke, David Schoon, Klm Johnson, and Rick Fosse City of Iowa City MEMORANDUM To: Sue Dulek Assistant Cit)~Attorney From: Erin Hefting ~,/ c- Assistant Finance DirectodRisk Manager Date: April 9, 2002 Subject: Insurance Requirements for Chutes & Vaults A business owner may have to purchase a rider on their general liability coverage in order to name the City of Iowa City as an additional insured on their policy. According to the City's insurance agent, Carlton Johnson, the additional cost of this coverage will be approximately $50 per year. However, in the current insurance market, a business owner may encounter an occasional situation where it could cost as much as $100 per year. If you need additional information, please let me know. City of Iowa City MEMORANDUM Date: March 27, 2002 To: Sue Dulek From: Chuck Schmadeke Re: City Incurred Costs Associated with Chutes/Vaults Located within Public Right- of-Way Chutes and/or vaults utilized by private businesses and located within pubic right-of-way have historically affected the City financially and have posed a liability. Some of the costs incurred are as follows: 1975 Washington St. Improvements (35,766) :~17,665 (Current Value) 1985 Clinton St. Tmprovements (3,000) 5,000 (Current Value) 1994 Iowa State Bank Claim (144,277) 172,350 (Current Value) 2001 Iowa Avenue Streetscape 175,300 On February 15, 1994, a break in a City owned six-inch water main at the corner of Washington and Clinton Streets caused water to penetrate an outside vault wall located within public right-of-way into the north basement storage areas of ]~owa State Bank & Trust Company. A settlement was made with Towa State Bank and the City paid $144,277 for damages incurred. Tn connection with the Towa Avenue Streetscape Project completed in 2001, restoration and waterproofing was completed on four (4) vaults located along Towa Avenue at a cost of $175,300. Tn addition, in 1975 restoration work was completed on vaults located along Washington Street at a cost of $35,776 along with Clinton Street in 1985 for $3,000. Prepared by: Andrew P. Matthews, Asst. City Attorney, 410 E. Washington, Iowa City, IA 52240, (319) 356-5030 ORDINANCE NO. 02-4015 ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE PARKING FEES IN IOWA CITY, IOWA. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 3-4-7, Title 3, Chapter 4, Subsection 7, Parking Violations of the Iowa City Code of Ordinances should be and is hereby amended by repealing Section 3-4-7, relating to Fees for Parking in City Parking Lots, and All Other City lots/ramps, and enacting in lieu therefore a new Subsection 3-4-7 to be codified and to read as follows: Description of Fee, Charge, Bond, Fine or Penalty Amount of Fee, Charge, Bond, Fine or Penalty Parking ramps: Hourly parker (Tower Place), per hour $ .60 Hourly parker (Ramp A), per hour .60 Hourly parker (Ramp B), per hour .60 Hourly parker (Chauncey Swan), per hour .50 Monthly all-day permits (Ramp A and Tower Place), per month 60.00 Monthly all-day permits - Reserved Space (Tower Place), per month 65.00 Monthly all-day permits - Reserved Space (annual advance payment - 741.00 Tower Place) Monthly all-day permits (annual advance payment - Ramp A and 684.00 Tower Place), per year Monthly all-day permits (annual advance payment - Ramp B, per year 570.00 Ramp A is the Capitol Street Parking Ramp, while Ramp B is the Dubuque Street Parking Ramp. Reissue of Ramp monthly permit exit card, each reissue ' $ 25.00 Reissue of all other permits, each reissue $ 2.OO Penalties For Parking Violations: Overtime parking I 3.00 Expired meter 3.00 Prohibited zone 5 00 Illegal parking - handicapped parking space 10000 or as stated in the Code of Iowa, as amended One hour restricted zone, Civic Center lot 300 All other illegal parking violations 5.00 ncreases: Description of Fee, Charge, Bond, Fine or Penalty Amount of Fee, Charge, Bond, Fine or Penalty 10 days after issue, overtime and expired meter ticket fees shall 5.00 increase to 30 days after issue, all illegal parking fees, except handicapped, shall 10.00 increase to Fee For Contractor Reservation Of Space, Per Day $ 10.00 Show-Up Fee Charged By Tow Truck Operator 20.00 Parking Meter Fees: (except as otherwise noted) Central Business District on-street meter, per hour .60 Central Business District lot meter, per hour .60 Peripheral on-street meter, (outside Central Business District), per .40 hour 100-500 Block of North Clinton St., per hour .60 100-300 Block of East Jefferson St., per hour .60 100 Block of East Market St., per hour .60 100 Block of North Linn St., per hour .60 400 Block of Iowa Ave. .60 Peripheral lot meter, (outside Central Business District), per hour .40 Fees For Parking In City Parking Lots: City parking lots adjacent to Central Business District and central business: Linn Street Lot, per hour: from 7:30 a.m. - 5:00 p.m. first three (3) hours .60 each additional hour 5.00 from 5:00 P.M.- closing each hour .60 Monthly all-day permits, per month 50.00 Monthly all-day permits (annual advance payment), per year 570.00 Monthly off-hours permits (after 5;00 P.M., Monday through 34.00 Friday, all day Saturday and Sunday ), per month All other cibJ lots/ramps: Monthly all-day permits, per month 45.00 Monthly all-day permits, (annual advance payment), per year 513 00 City employee lot permits, per month 22.50 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invaIid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE This Ordinance shall be in effect affer its final passage, approval and publication, in accordance with law CI'rC'CLERK Approved by City Attorney's Office andy\ord\TITLE2 REVISION 3-25-02 doc Ordinance No. 02-4015 Page 2 It was moved by Vanderhoef and seconded by 0'Donnel 1 that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X . Champion X Kanner X Lehman X O'Donnell X Pfab × Vanderhoef X Wilburn First Consideration 4/2/02 Voteforpassage: AYES: Lehman, 0'Donnell, Pfab, Vanderhoef, Wilburn, Champion, Kanner. NAYS: None. ABSENT: None. Second Consideration .................... Vote for passage: Date published 4/24/02 Moved by Vanderhoef, seconded by Wilburn, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted'upon for final passage at this time. AYES: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell, Pfab. NAYS: Kanner. ABSENT: None.