HomeMy WebLinkAbout2002-05-07 OrdinancePrepared by: Shelley McCafferty, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ02-00001)
Ordinance No. 02-4016
AN ORDINANCE TO CONDITIONALLY REZONE APPROXIMATELY 5.45 ACRES LOCATED
AT THE NORTHWEST CORNER OF ROHRET ROAD AND PHOENIX DRIVE FROM RURAL
RESIDENTIAL, RR-1, TO LOW DENSITY SINGLE FAMILY RESIDENTIAL, RS-5.
WHEREAS, the applicant, Kevin Hanick, has requested a zone change from Rural Residential, RR-1,
to Low Density Single Family Residential, RS-5, for 5.45 acres located at the northwest corner of Rohret
Road and Phoenix Drive.
WHEREAS, the proposed rezoning conforms to the land use map of the Iowa City Comprehensive
Plan; and
WHEREAS, the proposed rezoning is located adjacent to an existing Low Density Single Family,
RS-5, zone; and
WHEREAS, city sewer is available to the property located at the northwest corner of Rohret Road
and Phoenix Drive; and
WHEREAS, Iowa Code 414.5 (2001) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs directly caused by the requested change; and
WHEREAS, the applicant acknowledges that certain such conditions relating to sanitary sewer
easements and limitation on curb cuts to Rohret Road are reasonable; and
WHEREAS, the applicant and all owners of the subject property have agreed to use this property in
accordance with the terms and conditions of a conditional zoning agreement to address the above
referenced issues; and
WHEREAS, at its March 7, 2002 meeting, the Planning and Zoning Commission recommended
approval of the proposed rezoning, subject to a Conditional Zoning Agreement regarding the provision of
sanitary sewer easements and limitation on curb cuts to Rohret Road;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. 1.The property described below is hereby reclassified from its present
classification of Rural Residential, RR-1, to Low Density Single Family Residential, RS-5.
Beginning at the Northwest Corner of Lot 5 of Southwest Estates Subdivision - Part Two, in
accordance with the Plat thereof Recorded in Plat Book 28 at Page 42 of the Records of the
Johnson County Recorder's Office; Thence S88°47'06"E, along the North Line of said Lot 5, and
the North Line of "Eicher's Farmhouse Property", in accordance with the Plat thereof Recorded in
Plat Book 18, at Page 82, of the Records of the Johnson County Recorder's Office, 407.48 feet,
to a Point on the West Line of Lot 4, of Southwest Estates Subdivision, in accordance with the
Plat thereof Record in Plat Book 26, at Page 52, of the Records of the Johnson County
Recorder's Office; Thence N08°45'14"E, along said West Line, 38.31 feet; Thence N01°lS'14"E,
along said West Line, 80.51 feet, to the Southwest Corner of Lot 6 of said Southwest Estates
Subdivision - Part Two; Thence N12°49'23"W, along the West Line of said Lot 6~ a distance of
212.73 feet, to the Northwest Corner thereof; Thence Northeasterly, 127.63 feet, along the North
Line of said Lot 6 on a 325.00 foot radius curve, concave Southeasterly, whose 126.81 foot
chord bears N77°55'36"E; Thence N89°10'36"E, along said North Line, 82.05 feet; Thence
Southeasterly, 2991 feet, along said North Line on a 20.00 foot radius curve, concave
Southwesterly, whose 27.20 foot chord bears S47°58'41"E; Thence Southeasterly, 167.39 feet,
along the East Line of said Lot 6, on a 578.82 foot radius curve, concave Northeasterly, whose
166.81 foot chord bears S13°25'06"E, to the Southeast Corner thereof, and the Northeast Corner
of Lot 3 of said Southwest Estates Subdivision; Thence S21°42'1 I"E, along the East Line of said
Lot 3, a distance of 276.67 feet; Thence Southwesterly, 23.56 feet, along said Easterly Line, on
Ordinance No. 02-4016
Page 2
a 15.00 foot radius curve, concave Northwesterly, whose 21.21 foot chord bears S23°17'49"W;
Thence S68°17'49"W, along the South Line of Lots 3 and 4 of said Southwest Estates
Subdivision, the south Line of said "Eicher's Farmhouse Property", and the South Line of Lot 5
of said Southwest Estates Subdivision - Part Two, a distance of 633.66 feet, to the Southwest
Corner, of said Lot 5; Thence N21°42'11"W, along the West Line of said Lot 5, a distance of
372.93 feet, to the Point of Beginning. Said Rezoning Parcel contains 5.45 acres, more or less,
and is subject to easements and restrictions of record.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance as provided by law.
SECTION ~11. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
ordinance, the Mayor is hereby authorized and directed to sign, and City Clerk to attest, the conditional
zoning agreement between the property owners and the City.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance,
and after execution of the conditional zoning agreement, the City Clerk is hereby authorized and directed to
certify a copy of this ordinance and the conditional zoning agreement and to record the same at the office of
the County Recorder of Johnson County, Iowa, at the applicant's expense, all as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid 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 VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
j~_..L~.nd app roved this 7th day of M A.y ,2002.
CITY'CLERK
City~,ttorney's Office
Ordinance No. 02-4016
Page 3
It was moved by 0' Donnel 1 and seconded by Vanderhoef 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
X Vanderhoef
X Wilbum
First Consideration 4/16/02
Voteforpassage: AYES: Champion, Kanner, Lehman, O'Donne]], Pfab, Vanderhoef,
Wilburn. NAYS: None. ABSENT: None.
Second Consideration 5/6/02
Voteforpassage: AYES: Champion, Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn.
NAYS: None. ABSENT: Pfab.
Date published 5/15/02
Prepared by: Shelley McCafferty, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation
(hereinafter "City") and Kevin Hanick, Mark A. Signs, and the Iowa Korean Methodist Church (hereinafter
"Owners").
WHEREAS, Owners have requested the City rezone approximately 5.45 acres located at the northwest
corner of Rohret Road and Phoenix Drive from RR-1, Rural Residential, to RS-5, Low Density Single
Family Residential; and
WHEREAS, the proposed rezoning is located adjacent to an existing Low Density Single Family, RS-5,
zone; and
WHEREAS, City sanitary sewer is available to the properties located at the northwest corner of Rohret
Road and Phoenix Drive; and
WHEREAS, Iowa Code 414.5 (2001) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs directly caused by the requested zoning change; and
WHEREAS, the City has a policy to minimize the number of private drives and curb cuts that directly
access arterial streets; and
WHEREAS, the City intends to ensure the availability of sanitary sewer to all properties subject to this
rezoning; and
WHEREAS, Owners acknowledge that certain conditions relating to restriction of access to Rohret Road
and sanitary sewer access are reasonable in connection with the requested zoning change; and
WHEREAS, Owners have agreed to use this property in accordance with the terms and conditions of this
Conditional Zoning Agreement to address the above referenced issues.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as
follows:
Kevin Hanick Conditional Zoning Agreement
Page 2
1. Kevin Hanick, is the owner and legal title holder of property located at 4130 Rohret Road, more
particularly described as follows:
Auditor's Parcel 2001-122 and Auditor's Parcel 2001-123, to Iowa City, Johnson County,
Iowa, in accordance with the plat thereof, records of the Johnson
2. Mark A. Signs, is the owner and legal titIe holder of property located at 4146 Rohret Road, more
particularly described as follows:
Lot 5, Southwest Estates Subdivision, Pad Two, Iowa City, Iowa, in accordance with the plat
recorded in Plat Book 28, at page 42, of the records of the Johnson County Recorder's Office.
3. The Iowa Korean Methodist Church, is the owner and legal title holder of property located at 4032
Rohret Road including Lots 3, 4 and 6 of the Southwest Estates Subdivision Part 1 & 2, more
particularly described as follows:
Lot 3 and Lot 4, Southwest Estates Subdivision, Part One, Iowa City, Iowa, in accordance with
the plat recorded in Plat Book 26, at page 52, of the records of the Johnson County
Recorder's Office.
Lot 6, Southwest Estates Subdivision, Part Two, Iowa City, Iowa, in accordance with the plat
recorded in Plat Book 28, at page 42, of the records of the Johnson County Recorder's Office
4. Owners acknowledge that the City's policy concerning driveway entrances on arterial streets
governs this rezoning request and further acknowledge the need to ensure the availability of
sanitary sewer to all properties subject to this rezoning, and therefore, agree certain conditions
over and above City regulations may be imposed in order to address said issues.
5. In consideration of the City's rezoning the subject property from RR-1 to RS-5, Owners agree that
the use and development of the subject property will conform to all of the requirements of the RS-
5 zone, as applicable, as well as the following conditions:
a. The driveways on the lot at 4146 Rohret Road, also known as Lot 5 of Southwest Estates
Subdivision Part 2, and the lot located at 4130 Rohret Road, also known as Eicher's
Farmhouse property, shall be permitted, however there shall be no additional driveways
accessing Rohret Road from the above lots or Lots 3 & 4 of Southwest Estates
Subdivision Part 1.
b. Future vehicular access to Lot 4 of Southwest Estates Subdivision Part 1 shall be provided
from Phoenix Drive via Lot 3 of Southwest Estates Subdivision Part 1.
Kevin Hanick Conditional Zoning Agreement
Page 3
c. A sewer easement shall be granted to City without compensation, along the west and
south property line of Lot 6 of Southwest Estates Subdivision Part 2, according to
specifications approved by the City Engineer, to provide access to City sewer to Lots 3 &
4 of Southwest Estates Subdivision Part 1.
6. The Owner acknowledges that the conditions contained herein are reasonable conditions to
impose on the land under Iowa Code 414.5 (2001), and that said conditions satisfy public needs
which are directly caused by the requested zoning change.
7. Owners acknowledge that in the event that any portion of the subject property is transferred, sold,
redeveloped, or subdivided, all development or redevelopment will conform with the terms of this
conditional zoning agreement regardless of whether recited in any subsequent transfer
documents.
8. This conditional zoning agreement shall be deemed to be a covenant running with the land and
with the title to the land, and shall remain in full force and effect as a covenant running with the
title to the land unless or until released of record by the City. The parties further acknowledge that
this agreement shall inure to the benefit of and bind all successors, representatives and assigns of
the parties.
9. Owners acknowledge that nothing in this conditional zoning agreement shall be construed to
relieve the owner from complying with all applicable local, state and federal regulations.
10. The parties agree that this conditional zoning agreement shall be incorporated by reference into
the ordinance rezoning the subject property; and that upon adoption and publication of the
ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at City
expense.
Dated this 7th day of H~Y ,2002.
Kevin Hanick Conditional Zoning Agreement
Page 4
OWNERS: CITY OF_~A CITY j~
KEVIN HANICK "~rnest W. Lehman, Mayor
MA Marian ~ Karr, City Cl~rk
Approved by:
IOWA KOREAN METHODIST CHURCH
~¢_~'~ 'lTM ~ ' (Title)
City ,~o~r~"'Office
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
On this ~/s~- day of ./~'f?~", / __. 2002, before me, a Notary Public in and for the
State of Iowa, personally appeared Kev~'"~e, kno~"~to be the person who executed the
foregoing instrument and acknowled~xecu['ed,,t~e_]~ sCmeJas his volunta~,e~nd deed.
~c~¢j,~"I Nota~ Pu'lic ~ and for the State of owa
STATE OF IOWA )
) SS:
COUNTY OF JOHNSQN )
On this /~ ~' day of .~.~ ' / , 2002, before me, a Nota~ Public in and for the
State of Iowa, personally appeared Ma~~me known to be the person ~xecuted the
foregoing instrument and acknowl~~mo as his
Kevin Hanick Conditional Zoning Agreement
Page 5
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
On this /~'F day of ,.z~./~[ j / , 2002, before the undersigned, a Notary Public in
and for the State of Iowa, personally appeared ~//4 /-/,'.,.. , to me personally
known, who, being by me duly sworn, did say that he is the c~),~.~,~,~ of said corporation
executing the within and foregoing instrument to which this is attached, that said instrument was signed
on behalf of said corporation by authority of its Board of Directors or Trustees; and that the said
~:/~ ~; r ,.. ,~ j, as s~lcer ackno)~'g~ed the executions of said instrument to
be the voluntary act and deed of ~ ~n~y~m volun~
I~1 sTEPHANAEA.BOCK I ~.-~-'~'~'~' ~ / ~/ ~
~.lCommlssionNumber1442481 \~ ; ~ D ,/"~ ~, ~-, J~ ~ ~
, Jbli :' nandfortheState "0f-I mz
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
On this 7 day of /v't~y , 2002, before me, ~
-~.1" , a Notary Public in and for the State of Iowa, personally appeared
Ernest W. Lehman and Marian K. Karr, 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
fl;lsealed on behalf of the corporation, by authority of its City Council, as contained in
~ No. ox- ~--o/& passed by the City Council, on the "7 day of
Ay , 2002, and that Ernest W. Lehman and Marian K. Kar~"~ow"~'~'~edged the
execution of the'instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
I ,.~--I SONORAE FORT I -- ~--
~"'~"1 ~c._o~J~_~. r~:~. ~otary Public in and for the State of Iowa
My commission expires:
Shared/PCD/$helleylREZ01 ~0021 autohaus/REZ01 ~(X}2 lcza doc
As the property owner of lots 3, 4 & 6, Southwest Estates Subdivision, I am aware
of and support the proposed rezoning of my property and the adjacent properties from
RR1 (Rural Residential) to RS5 (Low-density single family residential). I further
understand that existing covenants for Somhwest Estates subdivision, which apply to my
property will remain in force.
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
ORDINANCE NO. 02-4017
AN ORDINANCE CHANGING THE ZONING DESIGNATION OF '18.2 ACRES FROM LOW
DENSITY SINGLE-FAMILY (RS-S) TO SENSITIVE AREAS OVERLAY-5 (GSA-5).
WHEREAS, Hickory Heights LLC has made application for a Sensitive Areas rezoning and approval of
the Sensitive Areas Development Plan for 18.2 acres located west of Scott Boulevard near its intersection
with Dodge Street; and
WHEREAS, the property contains steep, critical, and protected slopes; and
WHEREAS, the applicant has submitted a Sensitive Areas Development Plan which minimizes
disturbance of the steep and critical slopes and prohibit disturbance of protected slopes; and
WHEREAS, the Planning and Zoning Commission reviewed the Sensitive Areas Development Plan
and found it to be in compliance with the Sensitive Areas Ordinance; and
WHEREAS, the Sensitive Areas Development Plan also complies with the development regulations of
the Low Density Single-Family (RS-5) zone.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAl. The property legally described below is hereby redesignated from its
current zoning of RS-5 to GSA-5 and the associated development plan is approved:
COMMENCING AS A POINT OF REFERENCE AT THE SOUTH QUARTER-CORNER OF SAID SECTION 2;
THENCE NORTH 0°00'EAST 2918.9 FEET ALONG THE WEST LINE OF SAID EAST ONE- HALF(ASSUMED
BEARING FOR THIS DESCRIPTION ONLY) TO THE SOUTHEASTERLY RIGHT-OF- WAY LINE OF
HIGHWAY NO. 1; THENCE NORTH 56°43' EAST 100.0 FEET ALONG SAID SOUTHEASTERLY RIGHT-OF-
WAY LINE; THENCE SOUTH 31°31. EAST 640.0 FEET; THENCE NORTH 56°50' EAST 190.0 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING NORTH 56°50'EAST 736.5 FEET TO A POINT OF
INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF CAPTAIN IRISH PARKWAY; THENCE
SOUTH 11°25'EAST 183.6 FEET ALONG SAID WESTERLY RIGHT-OF-WAY LiNE TO A POINT OF
CURVATURE; THENCE 261.1 FEET ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND ALONG THE
ARC OF A 1018.6 FOOT RADIUS CURVE CONCAVE EASTERLY (CHORD SOUTH 18°45' EAST 260.4) TO A
POINT OF INTERSECTION WITH THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 2; THENCE SOUTH 0°21'EAST 538.6 FEET
ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 2; THENCE SOUTH
0°01'EAST 210.0 FEET ALONG THE EAST LINE OF THE SOUTH ONE-HALF OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 2; THENCE NORTH 7°44' WEST 650.0
FEET; THENCE NORTH 9°11'WEST 560.0 FEET TO THE POINT OF BEGINNING AND CONTAINING AN
AREA OF 18.2 ACRES MORE OR LESS.
SECTION II ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage,
approval and publication of this ordinance as provided by law.
SECTION III CERTIFICATION AND RECORDING Upon passage and approval of the Ordinance.
the City Clerk is hereby authorized and directed to cedify a copy of this ordinance and to record the same
at the office of the County Recorder of Johnson County, Iowa, all as provided by law.
~. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V SEVERABILITY.. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or pad thereof not adjudged invalid or unconstitutional.
Ordinance No. 02-4017
Page 2
SECTION VI EFFECTIVE DATF. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
SECTION vii RECORDING. The City Clerk of the City of Iowa City, Iowa, is hereby authorized and
directed to certify a copy of the Sensitive Areas Development Plan after passage and approval by law. The
City Clerk shall record the Sensitive Areas Development Plan at the office of the County Recorder of Johnson
County, Iowa at the expense of the applicant.
Passe d approved thi .~~ ,2002
CI~LERK
ppda d m/or d/hickoryheigthts.doc
Ordinance No. 02-4017
Page 3
It was moved by 0'Donnel 1 and seconded by Vanderhoef that the Ordinance
as read be adopted, and upon roi[ call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner .
X . Lehman
X . O'Donnell
X . Pfab :
X Vanderhoef
X Wilbum
First Consideration 4/2/02
Voteforpassage: AYES: 0'Donne11, Vanderhoef, Wilburn, Champion, Kanner,
Lehman. NAYS: Pfab. ABSENT: None.
Second Consideration 4/16/02
Voteforpassage: AYES: Vanderhoef, Wilburn, Champion, Kanner, Lehman, O'Donnell.
NAYS: None. ABSENT: None. ABSTAIN: Pfab 7/0 In accordance with Resolution 00-117.
Date published 5/15/02 Abstention is considered an affirmativ
vote.
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ICE AMENDING TITLE 10, ENTITLED "USE OF AND
BY ADDING CHAPTER 10, ENTITLED "CHUTES AND WITHIN
THE TO ESTABLISH A SYSTEM TO REGUI THE USE OF
JLT$ IN THE PUBLIC RIGHT-OF-WAY
WHEREAS 'esponsible for the care, supervision and control public ways, including
rights-of-way, and
WHEREAS, private ~rrently use the chutes and vaults City's rights-of-way
to deliver, transfer, and store to access their property, and other commercial and private
reasons; and
WHEREAS, the safety of the be enhanced ~d vaults are regulated; and
WHEREAS, it is in the best interest e City to establish a to regulate the use of chutes and
vaults in the public right-of-way.
NOW, THEREFORE, BE IT ORDAINI THE THE CiTY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 10, entitled "Use of Public Ways by adding a new Chapter 10, entitled
"Chutes and Vaults within Public Right-of-Way."
2. Title 10, entitled "Use of Public Ways by adding a new Chapter 10, entitled
"Chutes and Vaults within Public Right-of-Way," and a new Section 1, entitled "Definitions" as
follows:
Agreement: The official agreement betwe ;ity and a property owner and/or lessee
authorizing a person to use a chute or vault.
Chute: A below-grade passa~ may pass and persons may gain access
to private property that is located below Said extends from an at-grade opening
covered by a vault hatch located within thc line and includes the
entire passageway below the ri said opemng to property line.
Person: Any natural or corporate business assoc~auo~or other business entity including,
but ~ted to, a partnership, a so), torship, a political sub'~vision, a public or private agency
of any kind, a utility, a successor or~s of any of the foregoing, o'l~any other legal entity.
Public Riqht-of-Wa¥: The are~on w a public roadway, highway, street, cartway, bicycle lane,
alley, and public sidewalk which/is designed for vehicular, bicycle or pedestrian travel and dedicated to
public use. / ~
Public PJ ht-of-Wa Ad nistrator: Public Works Director, or his or her d'e,signee.
VauW. The area that is/located below grade in the public right-of-way c'~ntiguous to an adjoinin9
buik~ng on private prope,Cy, which is utilized by a person for such uses as storage, office space, and
deliverie~ Access to a y/aMi may be through the adjoining building or through A, vault hatch located at
grade level within the p~br~c right-of-way, '~
3. Ti~it[( /"Use of Public Ways and Property," by adcF~ng a new O~apter 10, entitled
"Chutes and Vaults wit '~ PubLic Right-of-Way," and by adding a new Section 2, entitlC~ "Use Prohibited"
as follows: ~
Use of chutes vaults within the public right-of-way shall be unlawful except'~as specifically
provided herein or a authorized by this chapter.
4. Title 10, "Use of Public Ways and Property," by adding a new Chapte¢ 10, entitled
"Chutes and Vau ublic Right-of-Way," and by adding a new Section 3, entitled "Agreements for
Chutes and Va "as follows:
application to enter into an agreement to use a chute or vault in the public right-of-
le City Department of Public Works on a form provided by said department. The
shall include the name of the property owner abutting the portion of the right-of-way
containing said chute or vault and the name of all lessees. A person shall submit with said application a
certificate of insurance that complies with the insurance provision of this chapter.
Ordinance No.
Page 2
Aqreement Required: Beginning ninety days from the effective date of this ordinance, no person
shall use a chute or vault in the public right-of-way without first executing an agreement with the City.
Agreements will be executed on behalf of the City by the Director of Public Works if the Director
determines that the use is a minimal intrusion into the public use of the right-of-way and that pedestrian
traffic will not. be materially impaired. All agreements shall include provisions for the following:
a. ~: A person shall provide, at the time the application is filed, a certificate of
insurance f~ general liability and casualty insurance, naming the City of Iowa City as an
additional insu'h~, which provides coverage in the following minimum amounts: Comprehensive
General Liability ff~' Bodily Injury and Property Damage of $1,000,000 for each occurrence and
$2,000,000 in the a't~gregate. A person shall provide thirty (30) days notice to the City before
cancellation of said ins'U{ance.
b. Maintenance: A'T~erson shall maintain the chute and vault an( its appurtenant vault
hatches ~ ~ ~'~ht-of-v~ay in good and reasonable repair as determi~ r the Public Right-
of-Way Administrator. '
c. Inspection: The City may~inspect a chute or vault after giving notice.
d. _Hold Harmless: A person ~l~all pay on behalf of the City all City shall be
obligated to pay by reason of any',,~iability imposed upon the for damages of any kind
resulting from using or accessir by any person or persons,
caused by accident or otherwise and defend at its own behalf of the City
any claim against the City arising se of the public ri
e. Assumption of Risk and Waiver of A shall acknowledge that there are
risks arising from other uses, operation, ght-of-way, including but
not limited to utilities such as water mains, lines, gas lines, fiber
optic lines, pedestrian traffic, and vehicular traffic, [y of liability for damages
sustained by said person as a result of such approve ;es of the right-of-way.
f. Temporary Use: The City is 'ant a permanent use of its right-of-way
for private uses and may terminate the agreement, ~use upon thirty (30) days notice.
Sealed: If the use of a chute or vault is abanc using a chute or vault refuses
to enter into an agreement, or if an agreement i.~ City may seal the chute or vault.
Abandoned means no use for ninet~
Additional Requirements: The Public ymay establish additional
requirements, as necessary, for the protecti~ ~f the right-of-way.
SECTION II. REPEALER. All ordinances and the provision of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FOR violation of any of this ordinance is a
municipal infraction.
SECTION IV. SEVERABILITY. If an' )rows~on or ~all be adjudged to be
invalid or unconstitutional, such adjudication of e as a whole or any
section, provision or part thereof not adjudg~'e ~nva~e ¢
SECTION IV. EFFECTIVE DATE. Thi¢Ordinance shall be in effect after its final approval and
Passed and approved this __yyof ,20 .
/
MAYOR /
ATTEST: ./
CITY CLERK ,/
Approved by
City Attorney's Office
sue/ord&res/chutesVaultsOrd,doc
Prepared by: Chuck Schmadeke, Public Works, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5141
ORDINANCE NO. 02-4018
ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES,"
CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND
PENALTIES," ARTICLE 5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE
CERTAIN SOLID WASTE CHARGES.
WHEREAS, the City of Iowa City provides certain solid waste collection and disposal services; and
WHEREAS, it is in the public interest to increase certain fees and charges associated with said solid
waste collection and disposal services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION t AMENDMENT. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled
"Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Article 5, entitled "Solid Waste Disposal,"
of the Iowa City Code is hereby amended by:
Revising Article 5, as follows:
3-4-5 Solid Waste Disposal
Description of Fee, Charge, Bond, Fine, or Penalty
Collection of large items fees, City Code Section 14-3H-9B Charge
Appliance collection, per item collected $20.00
Residential solid waste collection fees, City Code Section 14-3A-4, 14-3H-9H
Per dwelling unit, and 2 rooming units, per month $12.10
Solid waste $9.00 minimum, includes 2 containers per
week; additional containers $1.00 per
container
Curbside recycling, per unit $3.10
~. 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
invalid 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 after its final passage, approval and
publication, as provided by law.
~.~.d and approved this 7th dayof Hay ,20 02 .
M,E,Y'O R .~
ATTEST: /,'//'2~,'-,~ ,~--~
CITY CLERK
cit A M y's fice--
Ordinance No. 02-4018
Page. 2,
It was moved by Vanderhoef and seconded by 0' Donne11 that the Ordinance
as read be adopted, and upon mil call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
'T O'Donnell
X Pfab
X Vanderhoef
Z Wilbum
First Consideration 4/2/02
Voteforpassage:AYES: Wi]burn, Champion, Kanner, Lehman, 0'Donne]], Vanderhoefo
NAYS: Pfab. ABSENT,~ None.
Second Consideration 4 / 16 / 02
Voteforpassage: AYES: Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn,
Champion. NAYS: None. ABSENT: None.
Date published 5/15/02