HomeMy WebLinkAbout2006-06-13 Ordinance
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Prepared by: Robert Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ05-00005)
ORDINANCE NO. nh-4? 1 ?
AN ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION OF 11.36 ACRES
FROM GENERAL INDUSTRIAL (1-1) TO INTENSIVE INDUSTRIAL (1-2) FOR PROPERTY LOCATED
EAST OF RIVERSIDE DRIVE
WHEREAS, the applicant, Ace Auto Recyclers,lnc., has requested that 11.36 acres be rezoned from 1-1
to 1-2; and
WHEREAS, the proposed rezoning will legitimize and allow the expansion of an existing auto salvage
facility located on this property; and
WHEREAS, the Comprehensive Plan indicates that this area adjacent to South Riverside Drive is an
entranceway to the City; and
WHEREAS, the Comprehensive Plan indicates that salvage operations should be allowed to expand
only if adequate landscaping and screening is provided; and
WHEREAS, the Planning and Zoning Commission has recommended approval of this proposed
rezoning subject to conditions pertaining to landscaping and screening of the salvage yard; and
WHEREAS, Iowa Code Section 415.5 (2005) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's request over and above existing regulations, in order to satisfy public
needs caused by the rezoning request; and
WHEREAS, the owner acknowledges that certain conditions and restrictions are reasonable to ensure
that the salvage operations on this property are well-screened from view of Riverside Drive and adjacent
properties.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement,
attached hereto and incorporated by reference herein, the property described below is hereby reclassified
from 1-1 to 1-2:
Commencing a the Northeast corner of the Northeast Quarter of Section 28, Township 79 North, Range 6
West of the 5th Principal Meridian; Thence SOO'OO'OO"W, a recorded bearing along the East Line of said
Northeast Quarter, 703.94 feet, to the Point of Beginning; Thence SOO'OO'OO"W, along said East Line of
the Northeast Quarter, 903.88 feet; Thence S90'OO'00"W, 525.30 feet; Thence N01 '1 O'OO"E, 541.87
feet; Thence N88'38'57"W, 54.53 feet; fhence N01'24'33"E, 322.72 feet; Thence N88'01'38"W, 60.00
feet; Thence N01'58'22"E, 57.50 feet; Thence S88'1'38"E, 619.19 feet, to the Point of Beginning. Said
parcel of land contains 11.36 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 final passage, approval, and
publication of this Ordinance as provided by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
Ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional
Zoning Agreement attached hereto and incorporated by reference herein.
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 owner's expense, all as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conftict 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.
Ordinance No. 06-4212
Page 2
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
ssed and approved this --131Jllay of June , 20~.
LJ
MAYOR
ATTEST: }7la..u".,,~ ~ ~
CITY CLERK
Wpdata\ppadmin\ordIREZ06-OO005-1803Boyrum.doc
Ordinance No. 06-4117
Page ~
; ILwas moved by Vanderhoef and seconded by
as read be adopted, and upon roll call there were:
O'Donnell
that the Ordinance
AYES: NAYS: ABSENT:
x
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
.Wilbum
y
x
First Consideration 5/23/06
Vote for passage: AYES: O'Donnell, Wilburn, Bailey, Champion, Correia, Elliott.
NAYS: Vanderhoef ABSENT: None.
Second Consideration ------ - ----------
Vote for passage:
Date published
6119/06
Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to be consider
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: Elliott,O'Donnell, Wilburn, Bailey,
Champion, Correia. . NAYS: Vanderhoef. ABSENT: None.
Prepared by: Robert Miklo, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ05-00005)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Ace Auto Recyclers, Inc., property owner and applicant (hereinafter
"Applicant"); and
WHEREAS, Applicant is the legal title holder of approximately 11.36 acres of property located
east of South Riverside Drive; and
WHEREAS, the Applicant has requested the rezoning of said property from General Industrial
(1-1) to Heavy Industrial (1-2); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding setback from Riverside Drive, screening with a solid wall and evergreen
landscaping, the zoning is in conformance with the Comprehensive Plan; and
WHEREAS, Iowa Code !l414.5 (2005) 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 caused by the requested change; and
WHEREAS, the Applicant acknowledges that certain conditions and restrictions are reasonable
to ensure the development of the property for 1-2 uses is compatible with the Comprehensive
Plan's proposal for this entryway to Iowa City; and
WHEREAS, Applicant agrees to develOp this property in accordance with the terms and
conditions of a conditional zoning agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Ace Auto Recyclers, Inc. is the legal title holder of the property legally described as
follows:
Commencing a the Northeast corner of the Northeast Quarter of Section 28, Township
79 North, Range 6 West of the 5th Principal Meridian; Thence SOO'OO'OO"W, a recorded
bearing along the East Line of said Northeast Quarter, 703.94 feet, to the Point of
Beginning; Thence SOO'OO'OO'W, along said East Line of the Northeast Quarter, 903.88
feet; Thence S90'OO'00'W, 525.30 feet; Thence N01'10'OO"E, 541.87 feet; Thence
N88'38'57"W, 54.53 feet; Thence N01'24'33"E, 322.72 feet; Thence N88'01'38'W,
60.00 feet; Thence N01'58'22"E, 57.50 feet; Thence S88'1'38"E, 619.19 feet, to the
Point of Beginning. Said parcel of land contains 11.36 acres, more or less and is subject
to easements and restrictions of record.
2. The Applicant acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code !l414.5
(2005) provides that the City of Iowa City may impose reasonable conditions on granting
an applicant's rezoning request, over and above the existing regulations, in order to satisfy
public needs caused by the requested change, including provisions for setting 1-2 uses
including salvage operations back from S. Riverside Drive and screening them with a solid
ppdadnv'agVace aulo.doc
1
wall and evergreen trees. Therefore Applicant agrees to certain conditions over and above
City regulations as detailed below.
3. In consideration of the City's rezoning the subject property, Applicant agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, and that:
a. Development of the property will conform to the site plan attached here to and
made part of this agreement.
b. As shown on the site plan any salvage use shall be set back 300 feet east of S.
Riverside Drive with the exception of the existing warehouse and scale.
c. Prior to receiving a building permit the applicant shall Install all landscape and
screening improvements as specified on the attached site plan except for those
within 30 feet of the proposed building in the adjacent 1-1 zone. Prior to issuance
of an occupancy permit for any building, all other required landscaping, as
indicated on the site plan, must be installed;
d. Spruce trees on the west and south side of the wall surrounding the property shall
be planted in a staggered pattern 20 feet on center. They shall be a minimum of 2"
in caliper at time of planting unless an altemative is approved by the City Forester.
e. The area designated as the blue line stream must remain outside the fenced area
of the site and a fifteen foot buffer must be left between the fence and the blue line
drainage way.
4. The Applicant and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code 9414.5 (2005), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Applicant and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
8. 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 the Applicant's expense.
Dated this t3^dayof ..J\MJE.... ,20 c{? .
ppdadmtagllace auto.doc
2
\)2:ACIT'I
L;~
Ross Wilburn, Mayor
ACE AUTO RECYCLERS, INy.
~~~
By: Don Hilsrna
Attest:
~.0'1(. ~
Marian K. Karr, City Clerk
Approved by:
Cit/!L4~c~
.>/Il/119V
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this I~ day of '"J:,u(', , A.D. 20~, before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman
and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
'" SONORAEFORT
1- Commission Number 159791
. My Commission Expires
~M' ~,.,...o
Notary Public in and for the State of Iowa
My commission expires: a / 7/ "1
ppdadrrv'agVace auto.doc
3
ACE AUTO RECYCLERS, INC. ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this /0 day of 111'f1a ' A.D. 20~, before me, the undersigned,
a Notary Public in and for the ate of Iowa, personally appeared Don Hilsman, to me personally
known, who, being by me duly sworn, did say that he is the Di.Un< (' 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 said instrument was signed (and sealed) on
behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of
Directors; and that the said ~I\ J./; J...mA n as such officer acknowledged the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by him
voluntarily executed.
to SONDRAE FORT
~ Commission Number 159781
. My Commission ExpIre8
Q
s.~ F~
Notary Public in and for said County and State
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PROPOSED 1-2 ZONING
494755.0 sq. ft
11.36 Acres
PROPOSED DRAlNAGEWAY
AND FIRE FIGHTING ACCESS
PROPOSED IS' FIRE FIGHTING ACCESS
PROPOSED
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S 90'00'00" W 525.30'
Legal Descriplion- Proposed 1-2 Zoning
Commencing a the Northeast corner of the Northeast Quarter of
Section 28, Township 79 North, Range 6 West of the 5th
Principal Meridian; Thence SOooOO'OO"W, a recorded bearing
along the East Line of said Northeast Quarter, 703.94 feet, to the
Point of Beginning; Thence SOooOO'OO"W, along said East Line
of the Northeast Quarter, 903.88 feet; Thence S90000'00"W,
525.30 feel; Thence NOloIO'OO"E, 541.87 feet; Thence
N88038'57"W, 54.53 feet; Thence N01 o24'33"E, 322.72 feet;
Thence N88001 '38"W, 60.00 feet; Thence NOI o58'22"E, 57.50
feet; Thence S88001'38"E, 619.19 feet, to the Point of
Beginning. Said parcel of land contains 11.36 acres, more or
less and is subject to easements and restrictions of record.
A~~
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PLAT PREPARED BY:
HART-FREDERICK CONSULTANTS, P.C.
510 E. STATE ST.
P.O. BOX 560
TIFFIN, IA 52304
545-7215
GRAPIDC SCALE
50' ~ 25' 50'
~~ 'J
( IN FEET )
SCALE 1"=100'
LEGEND
OWNER OF RECORD:
ACE AUTO RECYCLERS, INC.
2752. S. RIVERSIDE DR.
IOWA CITY, IA.
6 GOVERNIIEN'l' CORNER
@ SET 5/8" IRON ROD
. roUND IRON ROD (AS NOTED)
X CUT 'X. IN CONCRETE
o SET PK NAIL
(R) RECORDED DIMENSIONS
(M) MEASURED DntENSlONS
_ PROPERTY/BOUNDARY LlNES
_ _ _ CENTER LINES
_ _ RIGHT-Or-WAY IJNES
__._SECTION LINES
_' _. - EASEMENT LINES
_ _ _ _ LOT IJNES PLAnED OR BY DEED
PROPERTY ADDRESS=27S2. SO. RIVERSIDE DRIVE
PARCEL CONTAINS 28.01 ACRES +j-
EXISTING ACCESS EASEMENT FOR 30' ROADWAY
ESTABUSHED BY AGREEMENT DATED AUGUST
31,1974 AND RECORDED IN BOOK 435 AT PAGE
155, RECORDS OF THE JOHNSON COUNTY
RECORDER
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ACE
AUTO RECYCLERS, INC.
~
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2752 S. Riverside Dr. . Iowa City, IA 52246 . (319) 338-7828
May 24-06
Iowa City City Council:
Conditionally rezoning 11.36 acres of land located east of south riverside
drive from general industrial (1-1) to heavy industrial (1-2) (REZ05-00005)
We would like to waive the third and final reading.
Respectfully,
Ace Auto Recyclers, Inc.
By: Don Hitsman
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Prepared by: Jeffrey Banks, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230
ORDINANCE NO. 06-4213
AN ORDINANCE REZONING THE FOLLOWING PROPERTIES ASSOCIATED WITH
UNIVERSITY OF IOWA TO INSTITUTIONAL PUBLIC (P2): 511 SOUTH MADISON STREET
AND 620 AND 624 SOUTH MADISON STREET FROM INTENSIVE COMMERCIAL (CI-1) TO
P2; LOTS 14 AND 15 IN GRAND AVENUE COURT ADDITION AND 320 MELROSE AVENUE
FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS-B) TO P2; LOT 4 IN MELROSE
COURT ADDITION, 223 LUCON DRIVE, 609 MELROSE AVENUE, AND 3 OAK PARK COURT
FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS-5) TO P2; 322 NORTH CLINTON
STREET FROM PLANNED HIGH DENSITY MULTI-FAMILY RESIDENTIAL (PRM) TO P2; 430
AND 530 NORTH CLINTON FROM HIGH DENSITY MULTI-FAMILY RESIDENTIAL (RM-44)
TO P2; AND OLD CAPITOL MALL FROM CENTRAL BUSINESS DISTRICT (CB-10) TO
P2/CB-10.
WHEREAS, Section 14-6F-1 of the Iowa City Zoning Ordinance requires that land owned by a
government entity be zoned P, Public; and
WHEREAS, Section 14-6F-1 B-2 of the Zoning Ordinance indicates that properties owned by
the State or Federal government be zoned Institutional Public (P2); and
WHEREAS, the City of Iowa City has initiated the rezoning of abovementioned properties from their
prior zoning designation to P2, Institutional Public; and
WHEREAS, the properties whose descriptions are listed below fall into the category of properties
owned by the University of Iowa; and
WHEREAS, the University of Iowa has purchased portions of Old Capitol Mall and is leasing other
portions while most of the first level and portions of the second level are being retained under private
ownership. To reflect this mixed tenancy the mall should be rezoned to P2/CB10; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. APPROVAL. The zoning designation for the properties described below is hereby
changed from the prior designation, to P2, Institutional Public:
511 South Madison
The south 20 feet of Lot 1, and the north half of Lot 2 in Block 5, in that part of Iowa City, Iowa, known as
the County Seat of Johnson County, Iowa.
And,
320 Melrose Avenue, Grand Avenue Court Addition
Lot 1 and the South 20 feet of Lot 2, in Grand Avenue Court Addition to Iowa City, Iowa, according to the
recorded plat thereof.
And,
Lots 14 and 15 in Grand Avenue Court Addition
Lot Fourteen (14) and Fifteen (15) in Grand Avenue Court, Iowa City, Iowa, according to the plat thereof
recorded in Book 3, Page 101, Plat Records of Johnson County, Iowa.
And,
Lot 4 in Melrose Court Addition
Lot four (4) in Melrose Court Addition to Iowa City, Iowa, according to the plat of the resurvey thereof
recorded in Book 3, Page 139, Plat Records of Johnson County, Iowa.
'.
Ordinance No. .llli::..4213
Page 2
And,
609 Melrose Avenue
Commencing at a point where the East Line of the East 132 feet of Lot 4 of Paul Custer's Subdivision in
Lot 1, of Section 16, Township 79 North, Range 6 West, of the 51h Principal Meridian, intersects the
Southerly Right-of-Way Line of Melrose Avenue; thence N90'00'OO" W (an assumed bearing), 66.00 feet,
along said Southerly Right-of-Way Line, to the Point of Beginning; thence S02'22'03"E, 149.55 feet;
thence S90'00'OO"E, 73.00 feet to a point on said East Line of Lot 4; thence S05'02'24"E, along said East
Line, 439.70 feet; thence S89'49'13"W, 131.99 feet; thence N05'01'22"W, 590.10 feet, to a point on said
southerly Right-of-Way Line of Melrose Avenue; thence S90'00'OO"E, along said Southerly Right-of-Way
Line, 65.85 feet, to a Point of Beginning.
And,
223 Lucon Drive
Lot 8 and the North 20 feet of Lot 7, Lucon Subdivision, Johnson County, Iowa City, Iowa, according to
the plat thereof recorded in Book 4, Page 184, Plat Records of Johnson County, Iowa.
And,
3 Oak Park Court
Lot three (3), Oak Park Court, according to the Plat thereof recorded in Plat Book 4, Page 239, in the Plat
Records of Johnson County, Iowa.
And,
322 North Clinton Street
Commencing at the southwest corner of Lot Four (4) in Block Seventy-six (76) in Iowa City, Iowa, according
to the recorded plat thereof, thence north 70 feet, thence east 105 feet, thence south 70 feet, thence west
105 feet to the place of beginning.
And,
430 North Clinton Street
The North Half of Lot 4 and the West Half of Lot 3 in Block 75, in Iowa City, Iowa.
And,
530 North Clinton Street
Commencing at the northwest corner of Lot 4 in Block 74 in Iowa City, Iowa, according to the recorded plat
thereof, running thence east 94 feet, thence south 75 feet, thence west 94 feet to the west line of said lot,
thence north to the place of beginning; together with and subject to the Sewer Agreement dated October 12,
1951 by and between Ruby Walzem and Stella S. Scott and Phi Chapter of Delta Delta Delta House
Association, Inc. recorded on Page 189, Book 212, in the Office of the Recorder of Johnson County
And,
620 South Madison Street
Lot 6 and the north half of lot 5, in Block 13, in the County Seat of Johnson County, Iowa, according to the
plat thereof recorded in Book 1, page 253, Deed Records of Johnson County, Iowa.
And,
624 South Madison Street
Beginning at the S.w. corner of Lot No.5, Block 13 County Seat Addition of Iowa City, thence south 65 feet,
thence easterly to a point 30 feet south of the S.E. corner of said Lot 5, thence west 150 feet to the point of
beginning.
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 by law.
Ordinance No. 06-4213
Page 3
SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and
directed to certify a copy of this ordinance which shall be recorded at the office of the county recorder of
Johnson County, Iowa, upon final passage and publication as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in contiict with the provision of
this ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of this 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 VI. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval
and publication, as required by law.
pasrry ap;roved this 13th
~J~
MAYOR
ATTEST: rna:..~ II. ~
CITY CLERK
day of .Tune
,2006.
Approved b
City Attorn
ppdadm/ord/Ul.doc
Ordinance No. 06-4213
Page ~
It was moved by Bailey and seconded by
as read be adopted, and upon roll call there were:
r.h::lmpi nn
that the Ordinance
AYES: NAYS: ABSENT:
x
x
x
x
y
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 5/23/06
Vote for passage: AYES: Vanderhoef, Wilburn, BAiley, Champion, Correia, Elliott,
O'Donnell. NAYES: None. ABSENT: None.
Second Consideration ---------------
Vote for passage:
Date published
hll9/nh
Moved by Bailey, seconded by Champion, 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:V1l.i1derhoef, Wilburn, Bailey, Champion,
Correia, Elliott, O'Donnell. NAYS: None. ABSENT: None.
N\-t,a
I .
'.,-, ~.
Prepared by: Jeffrey Banks, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230
ORDINANCE NO. 06-4214
AN ORDINANCE REZONING THE FOLLOWING PROPERTIES ASSOCIATED WITH THE
CITY OF IOWA CITY AND THE IOWA CITY COMMUNITY SCHOOL DISTRICT TO
NEIGHBORHOOD PUBLIC (Pi) AND THE IOWA NATIONAL GUARD TO INSTITUTIONAL
PUBLIC (P2): BENTON HILL PARK, WHISPERING MEADOWS WETLAND PARK, OUTLOT
ASSOCIATED WITH EAST HILL SUBDIVISION, OUTLOT ASSOCIATED WITH
LONGFELLOW MANOR, AND OUTLOT ASSOCIATED WITH WALDEN WOOD PART 9 FROM
MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS-8) TO Pi; PROPERTIES
ASSOCIATED WITH GLENDALE PARK, HUNTER'S RUN PARK, WINDSOR RIDGE PARK,
GRANT WOOD ELEMENTARY SCHOOL, AND IRVING WEBER ELEMENTARY SCHOOL
FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS-5) TO Pi; PROPERTIES
ASSOCIATED WITH WEATHERBY PARK AND THE SYCAMORE GREENWAY FROM
INTERIM DEVELOPMENT SINGLE FAMILY RESIDENTIAL (ID-RS) TO Pi; PROPERTIES
ASSOCIATED WITH COURT HILL TRAIL FROM MEDIUM DENSITY MULTI-FAMILY
RESIDENTIAL (RM-20) TO Pi; AND PROPERTIES ASSOCIATED WITH HARLOCKE HILL
PARK FROM OVERLAY PLANNED DEVELOPMENT/HIGH DENSITY MULTI-FAMILY
RESIDENTIAL (OPD/RM-44) TO Pi; AND FIRE STATION #4 AT THE INTERSECTION OF
SCOTT BOULEVARD AND NORTH DODGE STREET FROM RURAL RESIDENTIAL (RR-1)
TO Pi; AND PROPERTY LOCATED ON THE NORTH SIDE OF MELROSE AVENUE, WEST
OF HIGHWAY 218 FROM Pi TO INSTITUTIONAL PUBLIC (P2).
WHEREAS, Section 14-6F-1 of the Iowa City Zoning Ordinance requires that land owned by a
government entity be zoned P, Public; and
WHEREAS, Section 14-6F-1B-1 of the Zoning Ordinance indicates that properties owned by the City
of Iowa City be zoned Neighborhood Public (P1); and
WHEREAS, the City of Iowa City has initiated the rezoning of abovementioned properties from their
prior zoning designation to P1, Neighborhood Public; and
WHEREAS, the properties whose descriptions are listed below fall into the category of properties
owned by the City; and
WHEREAS, Section 14-6F-1 B-2 of the Zoning Ordinance indicates that properties owned by the
State or Federal government be zoned Institutional Public (P2); and
WHEREAS, certain property on the north side of Melrose Avenue, west of Highway 218, has been
transferred from Johnson County to the State of Iowa National Guard, for the construction of a new
Armory, necessitating a zoning change from P1 to P2.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. APPROVAL. The zoning designation for the properties described below is hereby
changed from the prior designation, to P1, Neighborhood Public:
Benton Hill Park
Lots 3 and 4 of Henry F. Byrd's Subdivision as recorded in Book 4, Page 186 of the Johnson County
Recorder's Office
Including,
Ruppert Hills Subdivision, Outlot A
Hunter's Run Park
A parcel of land located in the SE Y. NW Y. of Section 18, T79N, R6W of the 5th P.M., City of Iowa City,
Johnson County, Iowa: Beginning at a point S 89'46' W 139.9 feet from the center of said Section 18,
Ordinance No. --1lf1:-4214
Page 2
said point being on the south line of said SE Y. NW y.; thence S 89046' W 1200.3 feet along said south
line, to the SW Corner of said SE Y. NW Y. ; thence N 0044' W 1239.3 feet along the west line of said SE
y. NW 1/4 ; thence S 46029.25' E 1564.5 feet; thence S 27"24.25' E177.0 feet to the Point of Beginning;
excepting therefrom ali that part thereof included in a corrective Quit Claim Deed and boundary line
agreement recorded in Book 583, Pages 89-94 and as shown on a Plat of Survey recorded as No. 4005,
Book 20, Page 11, in the records of Johnson County, Iowa; containing 16.1 acres more or less, subject to
a 20-foot easement for sanitary sewer. Note: The south line of the SE Y. NW Y. of said Section 18 is
assumed to bear S 89046' W.
Including,
Parkway in Hunter's Run Subdivision, Part 3
And,
Park Area of Hunter's Run Subdivision, Part 6
And,
Parkway in Hunter's Run Subdivision, Part 4.
And,
Whispering Meadows Wetland Park
Park area as depicted on final plat of Whispering Meadows Part 1.
And,
Longfellow Manor, Outlot 1
And,
Mackinaw Village, Outlot B
And,
East Hill Subdivision, Outlot A
And,
Sycamore Greenway
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH
P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N88034'07"E, ALONG THE
SOUTHERLY LINE OF MOUNT PROSPECT ADDITION, PARTS VII AND VIII, ACCORDING TO THE
RECORDED PLATS THEREOF, 1324.88 FEET, TO THE SOUTHEAST CORNER OF LOT 307 OF SAID
MOUNT PROSPECT ADDITION, PART VIII; THENCE S00044'21 "E, ALONG THE WESTERLY LINE OF
LAKESIDE ADDITION AND ITS SOUTHERLY EXTENSION THEREOF, 1325.46 FEET TO THE
SOUTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-
QUARTER OF SAID SECTION 23; THENCE N88048'22"E, ALONG THE SOUTH LINE OF THE
SOUTHEAST ONE-QUARTER OF SAID SECTION 23, A DISTANCE OF 795.57 FEET; THENCE
S34004'44"E, 600.59 FEET; THENCE SOUTHEASTERLY, 202.62 FEET ALONG AN ARC OF A 300.00
FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 198.79 FOOT CHORD BEARS
S14043'48"E; THENCE S04037'09"W, 787.95 FEET; THENCE SOUTHEASTERLY, 171.11 FEET ALONG
AN ARC OF A 400.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 169.81 FOOT
CHORD BEARS S07038'10"E; THENCE S19053'28"E, 637.39 FEET; THENCE SOUTHEASTERLY,
300.85 FEET ALONG AN ARC OF A 900.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY,
Ordinance No. ..D.f=4214
Page 3
WHOSE 299.45 FOOT CHORD BEARS S29028'03"E; THENCE SOUTHEASTERLY, 129.99 FEET
ALONG AN ARC OF A 200.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE
127.72 FOOT CHORD BEARS S20022'56''E; THENCE SOUTHWESTERLY, 904.72 FEET ALONG AN
ARC OF A 1175.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 882.54 FOOT
CHORD BEARS S49028'43"W; THENCE SOUTHEASTERLY, 531.22 FEET ALONG AN ARC OF A
383.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 489.65 FOOT CHORD
BEARS S40002'08''E; THENCE N01046'05"W, 99.96 FEET; THENCE N88014'49"E, 290.63 FEET;
THENCE N2403T22"E, 607.00 FEET; THENCE N08040'02"E, 276.74; THENCE N37032'33"E, 15.74
FEET; THENCE SOUTHEASTERLY, 934.38 FEET ALONG AN ARC OF A 1300.00 FOOT RADIUS
CURVE, CONCAVE SOUTHWESTERLY, WHOSE 914.40 FOOT CHORD BEARS S26050'06"E;
THENCE S01016'52"E, 571.99 FEET; THENCE SOUTHWESTERLY, 2017.15 FEET ALONG AN ARC
OF A 1400.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 1847.14 FOOT
CHORD BEARS S53031'17"W; THENCE N24036'43"E, 1159.84 FEET; THENCE S87030'12"W, 69.67
FEET; THENCE N21032'44"W, 109.97 FEET; THENCE NORTHWESTERLY, 841.87 FEET ALONG AN
ARC OF A 1943.27 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 835.30 FOOT
CHORD BEARS N31048'53"W; THENCE NORTHWESTERLY, 771.52 FEET ALONG AN ARC OF A
1175.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 757.73 FOOT CHORD
BEARS N78036'29"W; THENCE N5904T51"W, 509.68 FEET; THENCE NORTHWESTERLY, 68.13 FEET
ALONG AN ARC OF A 1450.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE
68.12 FOOT CHORD BEARS N61008'37"W; THENCE N00059'29"W, ALONG THE SOUTHERLY
EXTENSION OF THE EASTERLY LINE OF MAKADA SUBDIVISION, JOHNSON COUNTY, IOWA
ACCORDING TO THE RECORDED PLAT THEREOF, AND SAID EASTERLY LINE, 764.22 FEET;
THENCE N89000'31"E, 300.00 FEET; THENCE S00059'29"E, 649.97 FEET; THENCE S34030'47"E,
219.49 FEET; THENCE S54054'17"E, 254.26 FEET; THENCE NORTHEASTERLY, 702.91 FEET
ALONG AN ARC OF A 575.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, WHOSE 659.95
FOOT CHORD BEARS N89003'23"E; THENCE NORTHEASTERLY, 268.14 FEET ALONG AN ARC OF
A 260.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 256.42 FOOT CHORD
BEARS N59059'40"E; THENCE NORTHEASTERLY, 159.76 FEET ALONG AN ARC OF A 400.00 FOOT
RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 158.70 FOOT CHORD BEARS
N79029'18"E; THENCE N56059'46"E, 207.23 FEET; THENCE N21051'48"E, 129.12 FEET; THENCE
NORTHWESTERLY, 70.96 FEET ALONG AN ARC OF A 100.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, WHOSE 69.48 FOOT CHORD BEARS N13024'5TW; THENCE
NORTHWESTERLY, 265.96 FEET ALONG AN ARC OF A 1100.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, WHOSE 265.31 FOOT CHORD BEARS N26049'04"W; THENCE N19053'28"W,
637.39 FEET; THENCE NORTHWESTERLY, 256.67 FEET ALONG AN ARC OF A 600.00 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 254.72 FOOT CHORD BEARS
N07038'10"W; THENCE N0403T09"E, 787.95 FEET; THENCE NORTHWESTERLY, 67.54 FEET ALONG
AN ARC OF A 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 66.26 FOOT
CHORD BEARS N14043'48"W; THENCE N34004'44"W, 246.83 FEET; THENCE NORTHWESTERLY,
448.58 FEET ALONG AN ARC OF A 450.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY,
WHOSE 430.24 FOOT CHORD BEARS N62038'11"W; THENCE S88048'22"W, 352.67 FEET; THENCE
NORTHWESTERLY, 293.32 FEET ALONG AN ARC OF A 325.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, WHOSE 283.47 FOOT CHORD BEARS N59014'42'W; THENCE S88048'22"W,
1175.96 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION
26, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA; THENCE
N01002'06"W, ALONG SAID WEST LINE, 50.00 FEET TO THE NORTH ONE-QUARTER CORNER OF
SAID SECTION 26; THENCE N88048'22"E, ALONG THE NORTH LINE OF SAID SECTION 26, A
DISTANCE OF 1150.09 FEET; THENCE NORTHEASTERLY, 278.08 FEET ALONG AN ARC OF A
325.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, WHOSE 269.67 FOOT CHORD BEARS
N01002'53"E; THENCE NORTHEASTERLY, 171.98 FEET ALONG AN ARC OF A 375.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, WHOSE 170.48 FOOT CHORD BEARS N12025'16"E;
THENCE NOoo43'02"W, 651.65 FEET; THENCE N42014'08"W, 136.59 FEET; THENCE
NORTHWESTERLY, 85.92 FEET ALONG AN ARC OF A 100.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, WHOSE 83.31 FOOT CHORD BEARS N66048'58"W; THENCE S88034'07"W,
1028.47 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF SAID SECTION 23; THENCE NOoo36'54"W, ALONG SAID WEST
Ordinance No. JJ.6=.4214
Page 4
LINE, 100.01 FEET TO THE POINT OF BEGINNING, CONTAINING 87.01 ACRES AND IS SUBJECT
TO EASEMENTS AND RESTRICTIONS OF RECORD.
Excepting those portions of Sycamore Greenway which fall outside of the boundaries of the City of Iowa
City,
And,
Glendale Park
A park in Memler's Subdivision
And,
Walden Wood, Part 9, Outlot A
And,
Windsor Ridge Park, Windsor Ridge Subdivision, Parts 1 & 2, Outlot B
And,
Windsor Ridge Subdivision, Part 8, Outlot B,
And,
Windsor Ridge Subdivision, Part 7, Outlot B
And,
Windsor Ridge Subdivision, Part 5, Outlot B
And,
Windsor Ridge Subdivision, Part 9, Outlot N
And
Harlocke Hill Park
BEGINNING AT THE SOUTHWEST CORNER OF LOT 25 OF WEEBERS THIRD ADDITION TO IOWA
CITY, IOWA, AS RECORDED IN PLAT BOOK 9, PAGE 14, PLAT RECORDS OF JOHNSON COUNTY,
IOWA; THENCE N01056'39"E, ALONG THE WESTERLY LINE OF SAID LOT 25, A DISTANCE OF
174.58 FEET; THENCE S88009'30"E, 144.79 FEET; THENCE S43009'30"E, 95.65 FEET; THENCE
S87"56'58"E, 191.57 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 25; THENCE
S01050'30"W, ALONG SAID EASTERLY LINE, 25.00 FEET TO THE SOUTHEAST CORNER OS SAID
LOT 25; THENCE N87"56'58"W, ALONG TH ESOUTHERL Y LINE OF SAID LOT 25, A DISTANCE OF
403.59 FEET TO SAID POINT OF BEGINNING, CONTAINING 0.91 ACRES, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
And,
North Fire Station Site
Auditor Parcel 2003047, being a portion of land lying in the northeast quarter of Section 2, Township 79
North, Range 6 West of the Fifth Principal Meridian, City of Iowa City, Johnson County, Iowa, depicted
and described on the plat of survey recorded at Plat Book 48, Page 305 with the Johnson County
Recorder, containing 48907 sf, or 1.123 acres.
And,
Ordinance No. ...0..6..=.4214
Page 5
Grant Wood Elementary School
That portion of the Grant Wood Elementary School property located east of Mount Prospect Subdivision,
Parts V and VL
And,
Irving Weber Elementary School
Wild Prairie Estates, Part i, Outlot B.
And,
A portion of the S1/2 of the SE1/4 of Section 12, Township 79 North, Range 7 West of the 5th Principal
Meridian, Johnson County, Iowa, described as follows: Beginning at the South Quarter Comer of said
Section 12; Thence NOO" -OO'-44"E - 40.00 feet along the West Line of the SE V. of said Section 12 to a
point on the North ROW of Melrose Avenue West; Thence N89"-06'-39"E - 952.64 feet along said North
ROW to the Point of Beginning; Thence NOO"-00'-44"E - 492.80 feet' Thence $89"-OT-09"E - 365.2 feet;
Thence NOO"-OO'-44"E - 788.49 feet to a point on the North Line of the S Yz of the SE Y. of said Section 12;
Thence S47"-34'-12"E - 739.36 feet; S29"-41'-18"E - 680.64 feet and S55"-54'-46"W - 236.66 feet to a
point on the North ROW of Melrose Avenue West; Thence along said North ROW the following courses and
distances: S84"-28'-3"W - 591.54 feet and S89"-.06'-39"W - 333.55 feet to the Point of Beginning. Said
parcel contains 25.00 acres.
SECTION II. ZONING MAP. The Building Inspector is hereby authorizec:l 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 by law.
SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized an directed
to certify a copy of this ordinance which shall be recorded at the office of the county recorder of Johnson
County, iowa, upon final passage and publication as provided by law.
SECTiON IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of
this ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of this 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 VI. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval
and publication, as required by law. . '
day of .Tune
,2006.
ppdadm/ord/lC.doc
Ordinance No. 06-4214
Page -L
It was moved by Vanderhoef and seconded by
as read be adopted, and upon roll call there were:
Correia
that the Ordinance
AYES: NAYS: ABSENT:
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
1(
x
x
x
x
First Consideration 5/23/06
Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell,
Vanderhoef. NAYES: None. ABSENT: None.
Second Consideration ______n_________
Vote for passage:
Date published
6/19/06
Moved by Vanderhoef, seconded by Correia, that the rule requiring ordinances to be consider'
and voted on for passage at two Council meetings prior to the meeting at which it is to be
. finally passed be suspended, the secondcconsideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Wilburn, Bailey, Champion, Correia,
Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT~ None.
,
'",. \
Prepared by: Robert Miklo, PCD, 410 E Washington Street, Iowa City, IA 52240 319 3$6-5240 (VAC06-00001)
ORDINANCE NO,
AN ORDINANCE VACATING THE ALLEY LOCATED NORTH OF BENTON STREET BETWEEN
CLINTON STREET AND DUBUQUE STREET (VAC06-o0001) I
WHEREAS, Johnson County has requested that the City vacate the alley I<~cated north of Benton Street
between Clinton Street and Dubuque Street; and .
WHEREAS, the County has acquired all properties that have access to thi~ alley; and
WHEREAS, the County plans to redevelop this block with a County office quilding; and
WHEREAS, the alley will no longer be needed to provide access to adjace~t properties; and
WHEREAS, necessary utility easements will be retained or utilities will be r~located,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA: .
SECTION I. VACATION, The City of Iowa City hereby vacates the rights-of-way legally described as
~~ .
The Alley of Block 27, plat of an Addition of lots to Iowa City, as laid off as the County Seat of
Johnson County, laid off by F.H. Lee, County Agent, June 20, 1842, acc~rding to the plat thereof
recorded in Book 1 & 2, page 301, Deed Records of Johnson County, Iowa.
SECTION 11 REPEALER. All ordinances and parts of if ordinances in con~ict with the provisions of this
Ordinance are hereby repealed. .
SECTION 111. 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 brdinance as a whole or any
section, provision or part 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. .
Passed and approved this _day of 20_
MAYOR
ATTEST:
CITY CLERK
Approved by
~
City Attorney'
~II 'i1t7&
ppadm/ordlvac06-OOOO1.doc
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted. and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 5/23/06
Vote for passage: AYES: Bailey, Champion, Elliott,: 0' Donnell, Vanderhoef,
Wilburn. NAYS: None. ABSTAINED: Correia. ABSENT:' None.
Second Consideration 6/13/06
Vote for passage: AYES: Champion, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailty.
NAYS: None ABSTAINED: Correia ABSENT: None.
Date published
~
L1L.J
Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC,"
CHAPTER 4, ENTITLED "PARKING REGULATIONS," SECTION 15, ENTITLED "LIBRARY
PARKING" TO REQUIRE LIBRARY PATRON PARKING SIGNAGE TO NOTIFY THE DRIVER
THAT THE LIBRARY HOURS ARE POSTED ON THE LIBRARY DOOR,
WHEREAS, there are five parking spots in the front of the Iowa City Public Library designated for library
parking only during library hours;
WHEREAS, Section 9-4-15C of the City Code currently requires that the library hours be posted on each
of the five signs;
WHEREAS, the library hours frequently change and replacing the signs with the new hours is costly; and
WHEREAS, it is in the best interest of the City to have the signs refer the driver to the library hours as
posted on the entrance of the library so that new signs need not be posted every time the library changes
its hours.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECl'lON I. AMENDMENTS.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4 entitled "Parking Regulations," Section 15,
entitled "Library Parking," is hereby amended by deleting Article C in its entirety and by substituting the
following new Article C:
Sign age. Each space shall contain signage that includes said designation of "library patron parking"
and "library outside book drop off." The "Iibrary patron parking" signage shall include notification that
the Iowa City Public Library hours are posted on the library entrance door.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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 effective upon publication.
Passed and approved this _ day of , 2006.
MAYOR
ATTEST:
CITY CLERK
Approved by
~~ \-~G~o~
City Attorney's Office
SueJororeslpkglibordPt2.doc
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilbum
First Consideration
Vote for passage:
Champion. NAYS:
Second Consideration
Vote for passage:
6/13/06
AYES: Correia,
None. ABSENT:
Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey,
None.
Date published
I ~ I
:::::; -- - .... at...
(~Wi!:'"t.
:::: --.,
CITY OF IOWA CITY~
MEMORANDUM
Date:
June 7, 2006
City Council ~
Dale Helling, Assistant City Manag~~J
Eleanor M. Dilkes, City Attorney ~
Vending and Parking
To:
From:
Re:
In the last year or so we have begun to see vendors in the downtown area at night who simply
park along the street and set up a grill or other equipment, prepare food, and sell it from
downtown parking spaces. We have received a number of inquiries about the process for
getting a permit for this type of vending, and have consistently told those interested that while
current laws do not prohibit such vending, the issue may be addressed by the City in the future.
There was an applicable prohibition in the past but amendments adopted in the early 1990s to
accommodate ice cream vendors in residential neighborhoods had the effect of removing the
prohibition on this type of vending as well.
We have received complaints expressing concerns about the grill smoke disturbing the patrons
in outdoor service areas and even migrating into businesses, the unauthorized use of City
electricity by these vendors who plug into the power outlets in the public right-of-way, and the
lack of regulation of this type of vending activity. By contrast, the City does regulate mobile
venders on City Plaza and Iowa Avenue. They are assigned a specific location on the City Plaza
and they pay an annual fee of $750.00 for their vending permit and also pay for electricity. They
are subject to a variety of other regulations as well.
In response to the negative comments we have received and in keeping with our policies of
trying to maintain as much on-street parking as possible and to maintain the streets and City
ramps for their intended purpose, an ordinance amendment has been drafted to address this
situation and is in your agenda for June 13. Section 9-4-4 of the City Code already prohibits a
person from using the streets to sell cars and to store cars, which are not intended purposes of
the streets. The ordinance on your agenda adds a similar limitation in that streets and City
parking lots are not to be used for vending food and merchandise, unless specifically permitted
elsewhere in the Code (e.g. the Arts Fest).
Cc: City Manager
City Clerk
mgr/assVmem/vending,doc
~j
Prepared by: Susan Dulek, Ass'l. City Attomey, 410 E. Washington Street, Iowa City,IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC,"
CHAPTER 4, ENTITLED "PARKING REGULATIONS," AND CHAPTER 5, ENTITLED
"PARKING METER ZONES AND PARKING LOTS" TO LIMIT PARKING IN STREETS AND
RAMPS FOR THEIR INTENDED PURPOSE.
WHEREAS, the City regulates the use of City right-of-way including the streets by, in part, regulating
parking;
WHEREAS, the City prohibits parking on the streets for the purpose of selling a vehicle and storing a
vehicle;
WHEREAS, the City owns and operates ramps and lots for the purpose of providing space for people
to park their vehicles;
WHEREAS, people are parking their vehicles for extended periods of time for the purpose of
conducting business from their vehicle; and
WHEREAS, it is in the best interest of the City to regulate parking such that the streets, lots, and
ramps are being used for their intended purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking Regulations," Section 4,
entitled "General Parking Restrictions" is hereby amended by adding the following new Subsection I:
Parking Limited to Intended Use. Except as otherwise provided herein, no person shall stop,
stand or park a vehicle upon any roadway for more than ten (10) minutes for the principal purpose
of conducting commercial activity from said vehicle, including but not limited to selling
merchandise and food.
2. Title 9, entitled "Motor Vehicles and Traffic," Chapter 5, entitled "Parking Meter Zones and Parking
Lots," Section 4, entitled "Use of Parking Lots," Subsection D, entitled "Prohibited Parking," is hereby
amended by adding the following new Paragraph 3:
Parking Limited to Intended Use. Except as otherwise provided herein, no person shall stop,
stand or park a vehicle in any parking lot owned and operated by the City for more than ten (10)
minutes for the principal purpose of conducting commercial activity from said vehicle, including
but not limited to selling merchandise and food.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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 effective upon publication.
Passed and approved this _ day 01 , 2006.
MAYOR
ATTEST:
CITY CLERK
a:;.~
City Attorney's Office
~~ 7- /)~
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted. and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 6/13/06
Vote for passage: AYES: Elliott,
Correia. NAYS: None. ABSENT:
Second Consideration
Vote for passage:
O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
None.
Date published
~~
4~ Z W-
\ ;
Prepared by: Susan Dulek, Assl. City Attorney, 410 E. Washington Street, Iowa City, IA 52240: 319-356-5030
ORDINANCE NO.
nh_/J?15
ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 4,
ENTITLED "ANIMAL CONTROL" AND TITLE 10, ENTITLED "PUBLIC WAYS AND PROPERTY,"
CHAPTER 9, ENTITLED "PARKS AND RECREATION REGULATIONS," TO ALLOW DOGS TO
BE OFF LEASH IN THORNBERRY OFF-LEASH DOG PARK.
WHEREAS, City Code section 8-4-601 prohibits an animal from being at large in the City and City
Code section 10-9-2 prohibits a person from bringing a pet into a City park unless it is on a ieash or
confined in a vehicle or kennel, with limited exceptions;
WHEREAS, the City has developed a new dog park that has been named Thornberry Off-Leash Dog
Park and that is scheduled to open June 17, 2006; and
WHEREAS, it is in the best interest of the City to provide an exception at Thornberry Off-Leash Dog
Park from the general requirement that dogs be confined or on a leash.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control," Section 6, entitled
"Prohibitions and Requirements," Article 0, entitled "Animals at Large," Paragraph 1 is hereby amended
.by adding the following new subparagraph d as follows:
It is a dog in Thornberry Off-Leash Dog Park that has been issued a use permit.
2. Title 10, entitled "Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 2, entitled "Prohibited Actions in Parks" is hereby amended by deleting Paragraph 3
in its entirety and adding a new Paragraph 3 as follows:
This provision shall not apply to: a) an animal trained to assist persons with disabilities; b) a person
issued a permit as authorized in section 8-4-12 of this code; or c) a dog in Thornberry Off-Leash Dog Park
that has been issued a use permit.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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.
a ed and approved this -1..3..thday of Tnnp , 2006.
MAYOR
ATTEST: ~R. ~
CITY CLER
Approved by
~~~ \'-, -,-c,c,
City Attorney's Office
Ordinance No. 06-4215
Page -L
It was moved by Bailev and seconded by
as read be adopted, and upon roll call there were:
Correia
that the Ordinance
AYES: NAYS: ABSENT:
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
x
X
X
X
First Consideration
Vote for passage:
Champion. NAYS~
Second Consideration
Vote for passage:
5/23/06
AYES:
None.
Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey,
ABSENT: None.
Date pUblished
6/19/06
Moved by Bailey, seconded by Correia, that the rule requiring ordinances to be considered
andtvoted 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: O'Donnell, Vanderhoef, Wilburn,
Bailey, Champion, Correia, Elliott. NAYS: None. ABSENT: None.
I ~ 1
-....= -4
~~I~!:1lt
-"::':';'~~IID'~
..,.. ~ J
CITY OF IOWA CITY
MEMORANDUM
~
UL.J
Date:
June 6, 2006
City Council ^ .1)
Eleanor M. Dilkes, City Attorney \V"
Liquor License Fees for Inspection and Outdoor Service Areas
Cigarette Employee Education Requirement and Administrative Fee
To:
From:
Re:
The Iowa Supreme Court's recent decision in Iowa Grocerv Industrv Association v. Citv of Des Moines
has required staff to access several fees imposed by the City on applicants for liquor licenses and
cigarette permits. In that case the Iowa Supreme Court declared illegal a City of Des Moines ordinance
which imposed administrative fees on applicants for liquor licenses and beer and wine permits in addition
to the application fee set by the state code.
A. Liquor License Fees. Attached to this memo is my memo of May 3, 2006 to City Manager Steve
Atkins concluding that the City may no longer charge for liquor license inspections. In addition, on
your agenda is a resolution rescinding the fee of $25 per application set by Council resolution for
liquor license applications which include an outdoor service area. The application for an outdoor
service area is a part of the state's liquor license application and the city's additional fee is not
allowable after the Iowa Grocerv Industrv Assoc. case. Dancing is not regulated by the state and the
permits are a separate requirement of the City pursuant to City Code section 4-4-1. Thus the fees
are distinguishable from those declared invalid by the Supreme Court and can continue to be
assessed.
B. CiQarette Permits - Emplovee Education. In 1978 the City enacted the predecessor to what is now
City Code Section 8-6-1(B). In its current form this code section requires that as part of an application
for a cigarette permit all cigarette retailers must submit an affidavit certifying that they have read the
Iowa Code provisions which prohibit the sale of cigarettes to persons under 18 years of age and
understand their obligation to educate their employees. Resolution #94-292 established a $20
administrative fee to offset the City's costs related to employee education.
Staff recommends repeal of Iowa City Code Section 8-6-1(B) and Resolution No. 94-292 for two
reasons. First, it is my opinion that in light of the Iowa Grocerv Industrv decision the $20 fee is likely
inconsistent with the State's cigarette permitting laws and not within the City's home rule authority.
Second, in 2003 subsequent to enactment of 8-6-1(B), Section 453A.5 of the State Code was
enacted to require that the Alcoholic Beverages Division (ABD) develop a tobacco compliance
employee training program for employees of tobacco retailers to "inform the employees about state
and federal laws and regulations regarding the sale of cigarettes and tobacco products to persons
under 18 years of age and compliance with and the importance of laws regarding the sale of
cigarettes and tobacco projects to persons under 18 years of age." This program is in place and is
funded by the State. Iowa City police officers teach a class at the Iowa City Recreation Center one to
two times a month depending on how many employees have registered. The ABD provides the
curriculum and the instruction lasts 30-45 minutes. After the class students take an on-line exam and
if they pass, receive a certificate of completion. This certificate provides considerable incentive to a
retailer to require its employees to attend because it allows the retailer to avoid the civii penalty for
sales of cigarettes to minors by a certified employee once in a four year period. More information on
the "Iowa Pledge" tobacco compliance training program is available on the ABD website,
www.iowaabd.com.
Pi ease give me a call if you have questions.
Attachment
cc: Steve Atkins, City Manager
Dale Helling, Assistant City Manager
Marian Karr, City Clerk
Sue Dulek, Assistant City Attorney
. I ~ I
f~I~~'1:
~';'''iii:r.....~
.... ..
CITY OF IOWA CITY
MEMORANDUM
Re:
May 3, 2006
Steve Atkins, City Manager 1\ . 01/
Eleanor M. Dilkes, City Attorne!ij.J.J'
Liquor License Inspection Fees
Date:
To:
From:
FACTS: City Code Section 4-2-3 requires the Building Official and Fire Chief to approve or
disapprove an application for a liquor license or beer or wine permit after an inspection of the
premises. It is my understanding that a fee of $50 is charged for each inspection. It is not
included in the application fee and payment is not required in order to process the liquor license
application. The fee is billed separately by the Fire and Building Inspection Departments.
ISSUE: May the City continue to charge for liquor license inspections in light of the Iowa
Supreme Court's recent decision in Iowa Grocerv Industrv Association v. Citv of Des Moines,
No. 40/04-1914 (April 14, 2006).
CONCLUSION:
DISCUSSION: On April 14, 2006 the Iowa Supreme Court issued its opinion in Iowa Grocerv
Industrv Association v. City of Des Moines, No. 40/04-1914, declaring illegal a City of Des
Moines ordinance which imposed administrative fees on liquor license and beer and wine
permits in addition to the application fee set by the State Code. After analyzing the State liquor
control laws, the Court concluded that the City's administrative fees were inconsistent with the
State's statutory scheme, and therefore were preempted by State law and not within the City's
home rule authority. The court began by noting that the General Assembly reserved to itself the
power to regulate the traffic of alcoholic beverages, limiting the authority of cities to adopt
ordinances in this area that were "not in conflict with the act." The state law assigns specific
application fees for liquor licenses and beer and wine permits. The court found that Des
Moines' administrative fee conflicted with the uniformity of the fee system that keeps local
authorities from using license or permit application fees to curtail liquor establishments within
their jurisdiction and that the additional administrative fee was not appropriate because the City
already receives compensation for its costs, including inspection costs, by receiving a portion of
the State's application fee.
In addition to the conflicts I have already described, the Iowa Grocerv Industrv Association
court found an additional conflict because Des Moines, by adding the extra fees, increased its
role in the licensing system. If the applicant did not pay the City its additional administrative fee,
the City would not forward the application on to the alcoholic beverages division. This is not the
case for our inspection fees, which are not included as part of the application fee, but rather, are
billed separately by the departments. In the event that there is a basis for the inspection that is
independent of the application for a liquor license (e.g., a fire inspection required for an
assembly occupancy), the fee would still be allowable after the Supreme Court's decision. I
asked both the Building and Fire Departments whether the inspections they perform are
required only in connection with applications for liquor licenses, or if there is a separate basis for
such inspections. I was informed that currently such inspections are performed solely in
May 3, 2006
Page 2
connection with liquor license applications pursuant to Section 4-2-3. which requires local
review of applications for liquor licenses and wine and beer permits. Therefore, as I noted in
my earlier email of April 18, 2006, I must conclude that the fees are illegal. It is my
understanding that H.I.S. and Fire are no longer charging for these inspections.
Please contact me if you have any questions.
cc: Doug Boothroy, Director of Housing and Inspection Services
Tim Hennes, Senior Building Inspector
Andy Rocca, Fire Chief
Marian Karr, City Clerk
eleanor/mem/atkins5-2.doc
",'
Prepared by: Susan Dulek, Ass\. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 6,
ENTITLED "PERSONS UNDER EIGHTEEN YEARS OF AGE," BY REPEALING SECTION 1B
BECAUSE THE STATE HAS ENACTED A MORE COMPREHENSIVE EDUCATION
PROVISION.
WHEREAS, Section 8-6-1B of the City Code requires cigarette permittees to educate their employees
about state law prohibitions against selling cigarettes to minors;
WHEREAS, after the City enacted Section 8-6-1 B of the City Code, the state enacted section 453A.5
of the Iowa Code, a tobacco compliance employee training program, that is more comprehensive than the
City's and in which the City participates;
WHEREAS, in light of the Supreme Court's recent decision in Iowa Grocerv Industrv
Association v. City of Des Moines, the $20.00 administrative fee charged to cigarette permittees is
likely invalid; and
WHEREAS, it is in the best interest of the City to repeal its education requirement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 8, entitled "Police Regulations," Chapter 6, entitled "Persons under Eighteen Years of Age,"
is hereby amended by repealing Section 1 B in its entirety.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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.
Passed and approved this _ day of , 2006.
MAYOR
ATTEST:
CITY CLERK
oc~y~ J
City Attorney's Office
t,v 7-0,k
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
.Wilbum
First Consideration 6/13/06
Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn,
Bailey. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published