HomeMy WebLinkAbout2006-08-22 Ordinance
Lf ~),.')
Prepared by: Karen Howard, PCD, 410 E. Washington Street,lowa City, IA 52240; 319-356-5251 (REZ06-o0001)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 2.83 ACRES OF
PROPERTY LOCATED AT 4435/4455 MELROSE AVENUE FROM NEIGHBORHOOD PUBLIC
(P-1) ZONE TO NEIGHBORHOOD PUBLIC 1 LOW DENSITY MULTI-FAMILY RESIDENTIAL (P-
1/RM-12) ZONE.
WHEREAS, Johnson County Permanent Supportive Housing L.P., has applied for a rezoning of
approximately 2.83 acres of property located at 4435/4455 Melrose Avenue from Neighborhood Public (P-1)
to Neighborhood Public/Low Density Multi-Family Residential (P-1/RM-12); and
WHEREAS, the Zoning Code specifies that before a leasehold interest in any land zoned public is
conveyed to anyone for a use other than those allowed in the Public Zone and to anyone other than the
government of the United States, the State or a political subdivision thereof, the land must be rezoned to an
appropriate zone in which the proposed use is allowed; and
WHEREAS, the property is owned by Johnson County and is being leased to the applicant, a private
entity, for development of multi-family residential dwellings intended for lease to private individuals or
entities, a use that is not allowed in the Public Zone unless the land is rezoned with an appropriate overlay
zone in which the proposed use is allowed; and
WHEREAS, the Low Density Multi-Family Residential Zone (RM-12) allows multi-family residential
dwellings at the density proposed by the applicant; and
WHEREAS, the proposed dwellings are intended to provide independent living opportunities for persons
with disabilities and development of such housing in this location is consistent with the objectives of the
Southwest District Plan and the Johnson County Poor Farm Planning Study; and
WHEREAS, Iowa Code ~414.S (200S) 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 Planning and Zoning Commission has reviewed the proposed rezoning, and has
recommended approval subject to conditions; and
WHEREAS, the conditions recommended by the Commission are related to the location of vehicular
access to the subject property from Melrose Avenue and appropriate landscape screening/buffering from
State Highway 218; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure public safety along Melrose Avenue, an arterial street; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure privacy of residential dwellings located in close proximity to State Highway 218, a
freeway.
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 herein, the property described below is hereby reclassified from
Neighborhood Public (P-1) to Neighborhood Public with a Low Density Multi-Family Residential Zone
Overlay (P-1/RM-12):
A PORTION OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF
SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE STH PRINCIPAL MERIDIAN, CITY
OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 2005055
COMMENCING AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 79 NORTH,
RANGE 7 WEST OF THE STH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA;
THENCE N89'38'29'W, ALONGTHE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF
SAID SECTION 13, A DISTANCE OF 720.34 FEET; THENCE SOO'04'20"E, 79.27 FEET TO A
POINT ON THE SOUTHERLY LINE OF A RIGHT-OF-WAY PLAT EXHIBIT A-2 AS RECORDED
IN DEED BOOK 602 AT PAGE 7S IN THE RECORDS OF THE JOHNSON COUNTY
RECORDER; THENCE S86'21'03"E, ALONG SAID SOUTHERLY LINE, S0.42 FEET; THENCE
Ordinance No.
Page 2
S75'27'04"E, ALONG SAID SOUTHERLY LINE, 388.95 FEET; THENCE S18'53'56"E, ALONG
SAID SOUTHERLY LINE, 188.70 FEET; THENCE S47'10'34"E, ALONG SAID SOUTHERLY
LINE, 52.80 FEET; THENCE S89'55'40"W, 526.25 FEET; THENCE NOO'04'20"W, 316.00 FEET
TO THE POINT OF BEGINNING, CONTAINING 2.83 ACRES 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 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 between the property owners, the applicant, and the City of Iowa 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.
Passed and approved this _ day of
,20_.
MAYOR
ATTEST:
CITY CLERK
7/~ IPb
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 ___nn_______
Vote for passage:
Second Consideration R In IOf.
Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef,
Wilburn, Bailey. NAYS: None. ABSENT: None.
Date published
Moved by Correia, seconded by O'Donnell, that the rule requ~r~ng 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 first consideration be waived and the
ordinance be given second consideration at this time. AYES: Bailey, Champion, Correia,
Elliott, O'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: None.
Prepared by: Karen Howard. PCD. 410 E. Washington St.. Iowa City. IA 52240 (319) 356-5251 (REZ06-00001)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, iowa, a municipal corporation
(hereinafter "City"), and Johnson County Permanent Supportive Housing, L.P. (hereinafter
"Applicant") and County of Johnson County, Iowa (hereinafter "Owner"); and
WHEREAS, Owner is the legal title holder of approximately 2.83 acres of property, legally
described below; and
WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property
from Neighborhood Public (P-1) to Neighborhood Public with a Low Density Multi-Family
Residential Zone Overlay (P-1/RM-12); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the location of vehicular access to the subject property from Melrose
Avenue and appropriate landscape screening/buffering from State Highway 218, the timing of
the rezoning is appropriate and the low density multi-family zoning is in conformance with the
Comprehensive Plan; and
WHEREAS, Iowa Code &414,5 (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 Owner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure public safety along Melrose Avenue, an arterial street; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure privacy of residential dwellings located in close proximity to State Highway
218, a freeway; and
WHEREAS, Owner and Applicant agree to use 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. County of Johnson County, Iowa is the legal title holder and Johnson County Permanent
Supportive Housing L.P. is the applicant for a rezoning of the property legally described
as follows:
A PORTION OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-
QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH
PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 2005055
COMMENCING AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 79
NORTH, RANGE 7 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON
COUNTY, IOWA; THENCE N89038'29"W, ALONGTHE NORTH LINE OF THE
NORTHEAST ONE-QUARTER OF SAID SECTION 13, A DISTANCE OF 720.34 FEET;
1
THENCE SOO'04'20"E, 79.27 FEET TO A POINT ON THE SOUTHERLY LINE OF A
RIGHT-OF-WAY PLAT EXHIBIT A-2 AS RECORDED IN DEED BOOK 602 AT PAGE
75 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE
S86021'03"E, ALONG SAID SOUTHERLY LINE, 50.42 FEET; THENCE S75027'04"E,
ALONG SAID SOUTHERLY LINE, 388.95 FEET; THENCE S18053'56"E, ALONG SAID
SOUTHERLY LINE, 188.70 FEET; THENCE S4701 0'34"E, ALONG SAID SOUTHERLY
LINE, 52.80 FEET; THENCE S89055'40"W, 526.25 FEET; THENCE N00004'20"W,
316.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2.83 ACRES AND IS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
2. Owner and Applicant acknowledge that the City wishes to ensure appropriate residential
development that conforms to the principles of the Comprehensive Plan. Further, the
parties acknowledge that Iowa Code !j414.5 (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 street access and for buffering the noise and negative
visual aspects of freeways from residential development. Therefore Owner and Applicant
agree to certain conditions over and above City regulations as detailed below.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
Zoning Title, and that no new access points to Melrose Avenue will be granted for the
subject property and vehicular access to the subject property will be provided by utilizing
and sharing the existing access points to Melrose Avenue from the Owner's property
located directly west of the subject property.
4. In consideration of the City's rezoning the subject property, the Applicant agrees to
establish, prior to issuance of an occupancy permit, a vegetative buffer/screen of
deciduous and evergreen trees and shrubs, according to a landscaping plan approved
by the City, along the subject property's east property boundary, said boundary being
adjacent to State Highway 218.
5. The Owner, Applicant, and City aCknowledge that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code !j414.5 (2005), and that
said conditions satisfy public needs that are caused by the requested zoning change.
6. The Owner, Applicant, and City acknowledge that in the event the subject property is
transferred, sold, redeveloped, or subdivided, all redevelopment will conform to the
terms of this Conditional Zoning Agreement unless and until the overlay zoning district is
removed.
7. 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 or the overlay zoning district is removed.
8. The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
9. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
2
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 the Applicant's expense.
Dated this _ day of
,2006.
CITY OF IOWA CITY
COUNTY OF JOHNSON COUNTY, IOWA
Ross Wilbum, Mayor
M'Jk~~
Mike Lehman
Chairperson, County Board of Supervisors
Attest: Ir- S~
fk;eB.;."f.I<..,..A p~
Auditor/Designee
Attest:
Approved by:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , A.D. 20_, before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilbum and
Marian K. Karr, to me personally known, who being by me duly swom, 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.
Notary Public in and for the State of Iowa
My commission expires:
3
County of Johnson County Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this /7'"1.. day of A....~~ , A.D. 20.,(, , before me, the undersigned,
a Notary Public in and for the tate of Iowa, personally appeared II.ll<.r. L..t ,^",,,,..kL.'!, t1"""J,
to"'.:r, to ~"pj70nally kno:r' who, being by me duiy swom, did say that they are the
't)c.":~:'1\...r ..fer"'......,. , of said corporation executing the within and foregoing instrument to
which this is attached, that said instrument was signed and sealed on behalf of the seal affixed
hereto is the seal of said corporation by authority of its Board of Directors; and that the said
~:\\c I.c.l...."~dra u.....(J.as such officers acknowledged the execution of said instrument to be
the voluntary act and deed of said corporation, by it and by them voluntarily executed.
"'~:ijlA.l"<<,,
o ~
~ .
lOW'"
STEVEN E. BALLARD
COMMISSION NO. 161385
MY COMMISSION EXPIRES
'1-11c>-c';Q
~- \
Notary Public in and for the State of Iowa
My commission expires: " - II. ....
Johnson County Permanent Supportive Housing L.P. Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this l"-tl. day of A~~\- ,A.D. 200,,", ,before me, the undersigned,
a Notary Public in and for the state of Iowa, personally appeared Tim N. Smith, to me personally
known, who, being by me duly swom, did say that he is the President of Chatham Oaks, Inc., the
General Partner of Johnson County Permanent Supportive Housing Limited Partnership,
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; and that the said Tim N.
Smith 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.
f~"l :\
. .
ow.
STEVEN E. BAUARD
COMMISSION NO. 161385
MY cOMMISSION f)(PlRES
_~_ I
Notary Public in and for said County and State
My commission expires:
4
I
i/ e
Prepared by: Karen Howard, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 (REZ06-00001)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Johnson County Permanent Supportive Housing, L.P. (hereinafter
"Applicant") and County.of Johnson County, Iowa (hereinafter "Owner"); and
WHEREAS, Owner is t~tegal title holder of approximately 2.83 aCfes of property located at
4435 and 4455 Melrose AVeQue; and '
WHEREAS, the Applicant wit~e Owner's consent has requested e rezoning of said property
from Neighborhood Public (P-1) ~ low-Density Multi-Family Resid ntial (RM-12); and
\
WHEREAS, the Planning and zci~ing Commission has det rmined that, with appropriate
conditions regarding the location ot\yehicular access to th SUbject property from Melrose
Avenue and appropriate landscape sc~ening/buffering fro State Highway 218, the timing of
the rezoning is appropriate and the low,+!ensity multi-famil zoning is in conformance with the
Comprehensive Plan; and \.
,
WHEREAS, Iowa Code ~414,5 (2005) provides th the City of Iowa City may impose
reasonable conditions on granting an applic~nt's re ning request, over and above existing
regulations, in order to satisfy public needs cau's,ed by, he requested change; and
'.
WHEREAS, the Owner and Applicant acknowle
reasonable to ensure public safety along Melrose
that certain conditions and restrictions are
enue, an arterial street; and
WHEREAS, the Owner and Applicant acknowl t1ge at certain conditions and restrictions are
reasonable to ensure privacy of residential dw lings lo~ted in close proximity to State Highway
218, a freeway; and \
WHEREAS, Owner and Applicant agree t use this prope y in accordance with the terms and
conditions of a conditional zoning agree nt.
NOW, THEREFORE, in consideratio of the mutual promis s contained herein, the parties
agree as follows:
1. County of Johnson County, owa is the legal title holder an Johnson County Permanent
Supportive Housing L.P. i the applicant for a rezoning of t property legally described
as follows:
A PORTION OF TH NORTHEAST ONE-QUARTER OF E NORTHEAST ONE-
QUARTER OF SECli ON 13, TOWNSHIP 79 NORTH, RANG 7 WEST OF THE 5TH
PRINCIPAL MERID ~N, CITY OF IOWA CITY, JOHNSON C UNTY, IOWA, MORE
PARTICULARLY D SCRIBED AS FOllOWS:
AUDITOR'S PARCEL 2005055
COMMENCING T THE NORTHEAST CORNER OF SECTION 13, OWNSHIP 79
NORTH, RANG 7 WEST OF THE 5TH P.M., CITY OF IOWA CITY, HNSON
COUNTY, IOWA; THENCE N89038'29'W, AlONGTHE NORTH LINE F THE
NORTHEAST ONE-QUARTER OF SAID SECTION 13, A DISTANCE OF 720.34 FEET;
THENCE SOoo04'20"E, 79.27 FEET TO A POINT ON THE SOUTHERLY LINE OF A
1
RIGHT-OF-WAY PLAT EXHIBIT A-2 AS RECORDED IN DEED BOOK 602 AT PAGE
75 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE
S86'21'03"E, ALONG SAID SOUTHERLY LINE, 50.42 FEET; THENCE S75'27'04"E,
ALONG SAID SOUTHERLY LINE, 388.95 FEET; THENCE S18'53'56"E, ALONG SAID
SOUTHERLY LINE, 188.70 FEET; THENCE S47010'34"E, ALONG SAID SOUTHERLY
LINE, 52.80 FEET; THENCE S89'55'40'W, 526.25 FEET; THENCE NOoo04'20"W,
316.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2.83 ACRES AND IS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
2. Owner and Applicant acknowledge that the City wishes to ensure appropriate residential
development that conforms to the principles of the Compr hensive Plan. Further, the
parties acknowledg~that Iowa Code ~414.5 (2005) provid s that the City of Iowa City
may impose reasonaOl,e conditions on granting an applican s rezoning request, over and
above the existing reg' ations, in order to satisfy public n eds caused by the requested
change, including provis ns for street access and for b ffering the noise and negative
visual aspects of freeway from residential developmen Therefore Owner and Applicant
agree to certain conditions ver and above City regula' ns as detailed below.
3. In consideration of the City's ezoning the subject p. operty, Owner and Applicant agree
that development of the subj property will con rm to all other requirements of the
Zoning Title, and that no new ilfcess points to elrose Avenue will be granted for the
subject property and vehicular a~ess to the sub' ct property will be provided by utilizing
and sharing the existing access Roints to Me ose Avenue from the Owner's property
located directly west of the subject ~roperty. .
,
4. In consideration of the City's rezoni g the subject property, the Owner and Applicant
agree to establish, prior to issuance an ccupancy permit, a vegetative buffer/screen
of deciduous and evergreen trees and r bs, according to a landscaping plan approved
by the City, along the subject property' east property boundary, said boundary being
adjacent to State Highway 218.
5. The Owner, Applicant, and City ack wle e that the conditions contained herein are
reasonable conditions to impose on he Ian under Iowa Code ~414.5 (2005), and that
said conditions satisfy public needs at are c used by the requested zoning change.
6. The Owner, Applicant, and City cknowledge at in the event the subject property is
transferred, sold, redeveloped, r subdivided, II redevelopment will conform to the
terms of this Conditional Zoning Agreement.
7. The parties acknowledge tha this Conditional Zonin Agreement shall be deemed to be
a covenant running with the and and with title to the and, and shall remain in full force
and effect as a covenant th title to the land, unless r until released of record by the
City of Iowa City.
8. The parties further ackn ledge that this agreement shall 'nure to the benefit of and bind
all successors, represe tatives, and assigns of the parties.
9. Applicant acknowled es that nothing in this Conditional ning Agreement shall be
construed to relieve the Owner or Applicant from complyin with all other applicable
local, state, and fed ral regulations.
2
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 the Applicant's expense.
Dated this
day of July, 2006.
CITY OF IOWA CITY \
\
Ross Wilburn, Mayor
Attest:
\
\
\
\
,
,
\
,
,
\
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office
COUNTY OF JOHNSON COUNTY, IOWA
JOHNS N COUNTY PERMANENT
SUPP RTIVE HOUSING L.P.
\
,
\
\
STATE OF IOWA
)
) ss:
)
CITY OF IOWA CITY ACKNOWLEDGEMENT \
\
,
'\
On this day of , A.D. 20_, before me, the
undersigned, a notary public in and for teState of Iowa, ersonally appeared Ross Wilburn and
Marian K. Karr, to me personally know , who being by m duly sworn, did say that they are the
Mayor and City Clerk, respectively, f said municipal c poration executing the within and
foregoing instrument; that the seal a Ixed thereto is the sea of said municipal corporation; that
said instrument was signed and sea d on behalf of said muni ipal corporation by authority of its
City Council; and that the said M yor and City Clerk as suc officers acknowledged that the
execution of said instrument to b the voluntary act and deed said corporation, by it and by
them voluntarily executed.
JOHNSON COUNTY
Notary Public in and for t State of Iowa
My commission expires:
3
County of Johnson County Acknowledgement:
STATE OF IOWA )
) 55:
JOHNSON COUNTY )
On this day of , A.D. 20_, before me, the undersigned,
a Notary Public in and r the State of Iowa, personally appeared
to me personally kno ,who, being by me duly sworn, did say that they are the
of said corporation executing the within and foregoing instrument to
which this is attached, tha aid instrument was signed and sealed on behalf of e seal affixed
hereto is the seal of said cor oration by authority of its Board of Directors; d that the said
as su h officers acknowledged the execution of s' instrument to be
the voluntary act and deed of said orporation, by it and by them voluntarily ecuted.
Johnson County Permanent Supportive Ho
Notary Public in anrltor the State of Iowa
/
;
.P. Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , A.D. 2 _, before me, the undersigned,
a Notary Public in and for the Stat of Iowa, personally appe red
to me personally known, wh , being by me duly sw rn, did say that they are the
,of aid corporation executing the ithin and foregoing instrument to
which this is attached, that aid instrument was signed and s aled on behalf of the seal affixed
hereto is the seal of said rporation by authority of its Boar of Directors; and that the said
as such officers acknowledged the e cution of said instrument to be
the voluntary act and de of said corporation, by it and by them v luntarily executed.
I
Notary Public in and for said County and State
4
M~
q~
Prepared by: Drew E. Westberg, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230
ORDINANCE NO. 06-4228
AN ORDINANCE REZONING 2.32-ACRES OF LAND LOCATED AT 2401 SCOTT BOULEVARD
FROM GENERAL INDUSTRIAL (1-1) TO NEIGHBORHOOD PUBLIC/INTENSIVE COMMERCIAL (p.
1/CI-1) (REZ06-00016).
WHEREAS, the applicant, City of Iowa City, has requested a rezoning of property located at 2401 Scott
Boulevard from General Industrial (1-1) to Neighborhood Public/Intensive Commercial (P-1/CI-1); and
WHEREAS, the Planning and Zoning Commission found that proposed uses were compatible with the
surrounding properties; and
WHEREAS, the Iowa City Zoning Code requires that all land publicly held by the City, County, or School
Districts be zoned P-1with an appropriate overlay zone for private uses that occupy such land; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed
rezoning; and
WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning
Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. The property described beiow is hereby reclassified from its current zoning
classification of General Industrial (1-1) to Neighborhood Public/Intensive Commercial (P-1/CI-1) is hereby
approved:
Part of Lot 7, Auditor's Plat No. 32, more particularly described as: Commencing at a point of reference
at the east quarter corner of Section, 24, Township 79, North, Range 6 West of the 5th P.M., Iowa City,
Johnson, County, Iowa; thence S88043'53" W, 20.00 feet along the north line of the southeast quarter of
said Section 24, to a point of intersection with eh westerly right-of-way line of Scott Boulevard and the
point to beginning of the tract herein( for purposes of this description the east line of the southeast
quarter of said Section 24 is assumed to bear true north); thence N00015'10'W, 65.00 feet to a point;
thence S88048'53"W, 396.24 feet along a line parallel with and 65 feet northerly of and measured
perpendicular to the north line f the southeast quarter of said Section 24, to a point; thence south 306.05
feet to a point; thence S64003'01"E, 440.88 feet to a point of intersection with said westerly right-of-way
line of Scott Boulevard; thence north 442.17 feet along said westerly right-of-way line of Scott Boulevard
to the point to beginning, being Lot 7, Auditor's Plat No. 32, according to the plat thereof recorded in
Book 16 Page 79, Plat Records of Johnson County, Iowa, excepting therefrom: commencing at the
northeast corner of Section 24, Township 79 North, Range 6 West of the 5th P.M.; thence S00018'56"E,
2583.35 feet; thence S88048'53'W, 20.00 feet to the point of beginning; thence S00018'56"E, 64.65 feet;
thence SOOo03'29"E (this is an assumed bearing), 442.54 feet; thence N64003'01"W, 33.38 feet; thence
NOOo03'29"W, 427.84 feet; thence N00018'56'W, 64.13 feet; thence N88048'53"E, 30.00 feet to the point
of beginning, subject to easements, covenants and restrictions of record.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to confomn to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to
certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County,
Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as
provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Ordinance No. 06-',226
Page 2
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 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 provided by law.
ed and approved this.2.2nd day of '''g"Q> . 20-1l..6.-.
MAYOR
ATTEST: ~J<!. <kiuJ
CI CLERK
Approved by
I:f:i~ -C~ 7f'ZJ.cIt9(p
Ppdadmin/ord/rez06-00016.doc
Ordinance No. 06-477R
Page......l...-
It was 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
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 8/0] /06
Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott,
O'Donnell. NAYS: None. ABSENT: None.
Second Consideration ____u______________
Vote for passage:
Date pUblished
R/'>..O/()f..
Moved by Vanderhoef, seconded by Chapmion, that the rule requ~r~ng ordinances to be considere
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: Correia, Elliott, O'Donnell,
Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None.
N\~ ~J
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City,IA 52240
ORDINANCE NO. 0/;-1. ??O
AN ORDINANCE AMENDING TITLE 14, ZONING CODE, SUBSECTION 4E-8C,
NONCONFORMING SIGNS, TO ALLOW FOR RECONSTRUCTION OF A
NONCONFORMING SIGN BY SPECIAL EXCEPTION.
WHEREAS, there are currently provisions in the Iowa City Zoning Code that allow alterations to
existing nonconforming signs if they are located on properties designated as Historic Landmarks,
properties registered on the National Register of Historic Places, or on properties located in a Historic or
Conservation District, but no provision for reconstructing reproductions of such signs in cases where they
are completely destroyed by fire or natural disaster; and
WHEREAS, in certain unique and rare situations a sign may have significant artistic, cultural, or
nostalgic value to the community, regardless of whether it is located on a historic property; and
WHEREAS, in the interests of retaining nonconforming signs that have the aforementioned significant
artistic, cultural, or nostalgic value, provision should be made in the zoning code to allow such a sign, if
destroyed by fire or natural disaster, to be reconstructed, provided the sign does not pose a public safety
hazard; and
WHEREAS, since such cases are likely to be rare and unique, and careful consideration may be
needed to ensure public safety standards are met, such cases should be reviewed by the Board of
Adjustment as a special exception.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows:
A. By inserting a new paragraph 5 into subsection 14-4E-8C as follows:
5. The Board of Adjustment may grant a special exception to allow repair or
reconstruction of a nonconforming sign that has been damaged or destroyed by
fire, explosion, act of God or by a public enemy if the following approval criteria
are met:
a. In order to qualify for this exception, the sign must fall into at least one of the
following categories:
(1) The subject sign is an integral part of the historic identity of a property or
use designated as a Historic Landmark, a property registered on the
National Register of Historic Places, or of a property listed as a key or
contributing property in a Historic District or Conservation District Overlay
Zone; or
(2) The sign is an integral part of a property's historic identity such that it is
generally recognized and associated with a longstanding business or
institution and makes a significant artistic, cultural, or nostalgic
contribution to the community or neighborhood.
b. The sign must be reconstructed as nearly as possible to its historic design or
to the design that is generally recognized and associated with the
longstanding business or institution such that it continues to make a
significant artistic, cultural or nostalgic contribution to the community or
neighborhood.
c. The sign must be reconstructed such that it is not a hazardous sign. The sign
must be located in a manner that complies with Article 14-50, Intersection
Visibility Standards. The Board may require changes to the sign, to its
structure or mounting, or its location in order to improve public safety. If the
sign is not maintained according to the provisions of Article 14-5B, Sign
Ordinance No. 06-4229
Page 2
Regulations, and becomes hazardous, the City may request that the Board of
Adjustment revoke the special exception.
d. If the sign is located on a property designated as a Historic Landmark, a
property registered on the National Register of Historic Places, or a property
listed as a key or contributing property in a Historic District or Conservation
District Overlay Zone, the subject sign must be approved by the Historic
Preservation Commission and issued a certificate of appropriateness. If the
Board of Adjustment grants a special exception for the sign, any subsequent
changes to the sign do not have to be approved by the Board of Adjustment,
but do require a certificate of appropriateness from the Historic Preservation
Commission.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV. 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 V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication.
Passed and approved this 22nlL day of Allgll~t ,20---0.6.-.
~u~
MAYOR
Approved by:
I~~ '//20/00
City Attorney Office
ATTEST: ~~~...J k . ka.uJ
CITY RK
Ordinance No. 06-4229
Page ~
It was moved by R" i 1 Py and seconded by Correia
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
x
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
x
X
First Consideration 8/01106
Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell,
Vanderhoef. NAYS: None. ABSENT: None.
Second Consideration ----- - n_________
Vote for passage:
Date published
8/30/06
Moved by Bailey, seconded by Correia, 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: O'Donnell, Vanderhoef, Wilburn,
Bailey, Champion, Correia, Elliott. NAYS: None. ABSENT: None.
~
Prepared by: Eric Goers, Assl. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 7, ENTITLED "FIRE PREVENTION AND PROTECTION,"
CHAPTER 1, ENTITLED "FIRE CODE" BY AMENDING SECTION 4 TO INCREASE THE
PENALTIES FOR OVERCROWDING.
WHEREAS, City Code section 7-1-1 adopts the International Fire Code; and
WHEREAS, City Code section 7-1-4 sets violations of the chapter as municipal infractions punishable
by penalties set forth in City Code section 1-4-2D; and
WHEREAS, the City wishes to increase the penalties for overcrowding violations under Title 7 to
$750 for a first offense and $1,000 for a second or subsequent offense; and
WHEREAS, it is in the best interest of the City to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA;
SECTION I. AMENDMENTS,
1, Title 7, entitled "Fire Prevention and Protection", Chapter 1, entitled "Fire Code," Section 4,
entitled "Penalties for Violation," is hereby amended by deleting it in its entirety and replacing it as follows:
Violations of IFC 107.6, Overcrowding, as adopted in this title, shall be punishable as municipal
infractions punishable by a civil penalty of $750 for a first offense and $1,000 for a second or subsequent
offense. All other violations of this chapter shall be municipal infractions punishable by a penalty as
provided in section 1-4-2D of this code,
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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 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
Approved by
I' 6~/,r
!Zc'---. (J (cJ '"
City Attorney's Office
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 8/22/06
Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey,
Champion, Correia. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
~
Iowa City Fire Department
"'Serving with Pride and Professionalism Since 1872"
DATE:
August 15, 2006
U11/
~/
~~
RE:
Stephen J. Atkins, City Manager
Andy Rocca, Fire Chief ~
Penalties for Overcrowding
TO:
FROM:
The Fire Prevention Bureau has been working with bar owners and operators on developing
emergency evacuation plans and training crowd control managers in assembly occupancies as
outlined in the adopted fire code.
Owner awareness programs were conducted highlighting the importance of maintaining occupant
loads at or below legal limits and how/why trained crowd control managers playa vital role in
achieving desirable outcomes. A number of owners and operators have submitted their
emergency evacuation plans and crowd control manager training will be conducted during the
last week in August.
On four different occasions in July and August, spot checks were conducted to reinforce
expectations and point out areas for improvement. September 1st is the target date for full
implementation of the program, including vigorous enforcement ofthe Iowa City Fire Code.
Fire Department inspectors will be enforcing the overcrowding provisions of the International
Fire Code and request that penalties for overcrowding be increased to a level more commensurate
with the threat to life-safety.
AJRlbdm
FIRE DEPARTMENT. 410 E. Wa,\'hil1glon Street" loom City. fA 52240
Phone: (3/9) 356-5260
FAX: (3/9) 356-5263 www.hfd.org
Office of the Fire Chief
Fire Administration
(J 19) 356-5256
Office of the Fire Marshal
Fire Preventio/1 Bureall
(319) 356-5257
Battalion Chiefs
Station J
(3] 9) 356-5262
Fire Training
Station I
(3]9] 356-5258
HazMat
Stlllion 2
(319) 356-5266
Public Education
Station 3
(3] 9) 356-5265
Prep~red by: Eric Goers, Ass!. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
,
ORDINANCE NO.
ORDINANCE ).'ENDING TITLE 7, ENTITLED "FIRE PREVENTATION AND PROTECTION,"
CHAPTER 1, AE~{yl-ED "FIRE CODE" BY AMENDING SECTION 4 TO INCREASE THE
PENALTIES FOR O~RCROWDING ,
"''\
WHEREAS, City Code" ection 7-1-1 adopts the International Fire Code; a d
WHEREAS, City Code s tion 7-1-4 sets violations of the chapter as m icipal infractions punishable
by penalties set forth in City Co section 1-4-2D; and
WHEREAS, the City wishes increase the penalties for overcrow ing violations under Title 7 to
$750 for a first offense and $1,000 a second or subsequent offense; d
WHEREAS, it is in the best intere of the City to adopt this amen en!.
NOW, THEREFORE, BE IT ORDAI D BY THE CITY COUNCI OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 7, entitled "Fire Prevention a Protection", Cha er 1, entitled "Fire Code," Section 4,
entitled "Penalties for Violation," is hereby ame ed by deleting' in its entirety and replacing it as follows:
Violations of IFC 107.6, Overcrowding, as dopted in t s title, shall be punishable as municipal
infractions punishable by a civil penalty of $750 for first off se and $1,000 for a second or subsequent
offense. All other violations of this chapter shall b mu cipal infractions punishable by a penalty as
provided in section 1-4-2D of this code.
SECTION II. REPEALER. All ordinances and parts ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provo ion or rt of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall n affect the lidity of the Ordinance as a whole or any
section, provision or part thereof not adjudged inval' or unconstitu' nal.
SECTION IV. EFFECTIVE DATE. This Ordin ce shall be in e t after its final passage, approval and
publication, as provided by law.
Passed and approved this _ day of
MAYOR
ATTEST;
CITY CLERK
A~oved by
~.~
City Attorney's Office
Aug. 22. 2006 1: 07PM
No. 6974
P. 1
~
Petrzelka & Breitbach, P .L.C.
Matthew J. Petrzelka
John T. Breitbach
100042,,<1 Street SE, Suite A, Cedar Rapids, IA 52403
Telephone 319-365-3787 co Facsimile 319-365-3788 co Toll Free 866-900-3787
mDetrzelka((i)De trze lkabreitbachccoJ>> '" il?gi!.b.ach@pctrzc,lkabrcirba,ch,CQm
VIA FAX and US Mail 319-356-5497
August 22, 2006
Re: Third Rase Sports Bar, Inc.
"'"
0 =
'--~
~
..:;: Q ;:~
:> -i o;=: 11
" "
C) N . --
::::i N
'--']
:32 \ ;
~
f-j )
<
5> en
0
Iowa City Council Memhers
4 I 0 E, Washington Street
Iowa City. IA 52240
Dear Council Members and Mayor:
This fiml has been retained by Third Base Sports Bar, Inc. for the purpose of providing it
with legal representation in relation to what the company believes to be an effort on the part of
the City of Iowa City to reduce the occupancy load at Third Baserrhe Fieldhouse located at 113
East College Street, Iowa City, Iowa, The following is my understanding of the City's activity
relating to its efforts to reduce the occupancy load in the downtown Iowa City area, and our
position with regard [0 such issue.
Third Rase Sports Bar, Inc. purchased the business known as "The Fieldhouse" in May of
2003. At lhat time the occupancy load was 454 individuals. In March of this year,
reprcsentatiws orThird Rase Sports Bar, Ine, (hereinafter "the Company") received a letter from
the Iowa City Fire Department dated March 10, 2006 informing it of the City's effort to reduce
the likelihood of tragedy by enlorcing the rules and requirements of the City Fire Code. The
al(lremcnrioncd letter furthermore invited the Company to attend two separate training sessions
held at the Iowa City Public Library on March 28 and April 4, 2006 which addressed a number
of issues. including the enforcement of occupancy loads. Mr. Rare Mateer has managed the
Third BaselThe Fieldhouse since September of 2003, and attended both of lhe~e meetings on
behalrol'lhe Company,
Arter being placed on notice of the City's attempt to enforce the occupancy load (which
hereinbef(}re had "eon very loosely enforced) the Company contacted an individual named "Jan"
at the Iowa City Housing Department for the purpose of attempting to increase the ()eeupancy
load for Third Base/The Fieldhouse. The basis for the Company's effort was the facl tbat the
454 person occupancy load appeared to be extremely low, as the square footage of Third
Pctrzelka & Breitbach, P.L.e.
August 22, 2006
Page 2
No. 6974 ~. 2
c5 t:;:':l
C)""
Z Q
-' "(::::
--
p -.--' 1:;-)
..-~ -. t"'O
N
--4
--c
,
-on
Aug, n 2006 1: 07PM
.--
-
~,. ...- ,
0:;:::'-:;
~/' ..
<..
-,.~ U1
.-- cP
13ase/The Fiddhouse is approximately 11,000 square feet. In short, the establishmcnt looks
sparsely populated when only 454 individuals are occupied therein. Parenthetically, it is our
understanding that the previous Owner or The Fieldhouse sought a reduced occupancy load of
454 individuals in an effort to reduce its cost for DircctTV sports packages and other media
packages. The prior owner had no particular concern about a low occupancy load due to the fact
that the City was not enlhrcing occupancy load regulations. In responsc to the Company's
efforts, they were inli:lrmed that they could not seek an increase in occupancy load until the
Company's liquor license became duc which was not until August 1,2006. In the interim period
the Company obtained an architectural drawing of' the property locatcd at 113 East College
Street, Iowa City Irom Neumann Monson Architects, a copy of which was provided to the City
by Company Manager Rale Mateer in carly AugLL~t of" this year in support of the Company's
requcst for an increase in the occupancy load, Mr. Mateer personally mct with Building
Inspcctor Tim Hennis, at which time Mr. Hennis informed Mr. Mateer that he was in need of a
drawing that induded square footage and occupancy loads. At that timc Mr. Mateer inquired as
to whether it was worth thc Company's lime and expense to obtain a second drawing that
included the occupancy load summary and square footagc in an effort to increase th~ occupancy
load. Mr. lIelUlis responded to Mr. Mateer by stating that it would, in fact, be worth the
Company's timo and effort which the Company intcrpreted as being a representation that an
increase in the occupancy load would likely be approvcd.
."1'1
--"I
"j
Based upon the representation of Mr. Hcnnis, the Company incurred furthcr costs in
obtaining an additional architectural drawing which included the occupancy load summary and
square footage of" the premises which wa~ provided to the City by Ncumann Monson Architects.
Subs<::quenl thereto, Mr. Matccr was informed by City Building Inspector Tim Hennis that the
occupancy load for the 113 East College Street, Iowa City propcrty was actually going to bc
lowered based upon the Neumann Monson architectural dmwing, despite the fact that thc
allowable load by exits was 1,000 people, and the calculated occupancy load lor the facility is
507 people per the Neumann Monson architectural drawing. Thc City is apparently taking thc
position that it will follow the lowest occupancy load which, in this situation, is based upon thc
restrooms.
The Company has not received any formalnoticc from the City of the lowering of the
occupancy load. There have been absolutely no changes made to the facility (i.e. renovation,
expansion. additions, etc.) since its purchase in 2003. As such, there is no plausiblc explanation
for thc City's reduction in occupancy load. In rcality, based upon all factors, thc occupancy load
should be increased. Another complicating factor is the fact that thc Company recently
purchascd the actual real estate which houses Third BaselThe Fieldhouse. In the event that the
occupancy load is, in fact, reduced and enforced, the Company will not be able to successfully
operate the business. In short, it will fail.
In conclusion, 1 havc informed the Company that it should continue to operate at the 454
occupancy load tllltil and unless it is liJrmally notified by the City of any reduced occupancy
1011d. I have also informed the Company that it is entitled to some type of" advance notice and
Aug. 22. 2006 1: 07PM
No. 6974 P. 3
Petrzelka & 13rcitbach, P.L.e.
^ugu~t 22, 2006
Pagc 3
du~ process rights before the City can affect its ability to operate its business in a financially
feasible manner by reducing such occupancy load. Finally, I would appreciate receiving an
outline of the thought process utilized by the City in refu~ing to increase the Company's
occupancy load.
In the event you reel lhere is any information in our tile that would assist you in
addressing these i~sues,please do not hesitate to call. We will, in any event, look forward to
hearing from you.
Sincerely,
-2 __AL)
~, ~~
Ma ew J. Pelrzelka
MJP/k~
ce: Joe Denny
Rale Mateer
~~
HIS,
~
LA
t"'..)
C"C>
0 c'::::.
C"'
~C) --n
)"7':::-..J,
/ N -
N ,.-]"\
.-:' :?
q. -
---". .,
<- (..'1
)> co
.._,,__.__.____~__.._____~___.~.______._,.,__.___.___.._______._____~,,_.u,_,,_'w.._ _____.___.._____________._.______.____...___ - _____.,,'_'m'__"'_,,__._ "
CTI
Prepared by: Mitchel T. Behr, Asst. 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 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED
RESTRICTIONS," SUBSECTION B, ENTITLED "EXCEPTIONS," AND SUBSECTION C,
ENTITLED "SCHOOL SPEED ZONES," TO ESTABLISH AND AMEND THE SPEED LIMIT ON
PORTIONS OF MORMON TREK BOULEVARD, NAPLES AVENUE, SYCAMORE STREET
AND U.S. HIGHWAY 6.
WHEREAS based on a review of the City Code provisions establishing speed limits for motor vehicles on
City streets, and engineering and traffic investigations, the Transportation Planning Division recommends
the speed limit on portions of Mormon Trek Boulevard, Naples Avenue, Sycamore Street and U.S.
Highway 6 be clarified and/or amended;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
A. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6,
entitled "Speed Restrictions," Subsection B, entitled "Exceptions," is hereby amended as follows: .
1. The following portions of the table currently set forth in said subsection are hereby removed:
Name of Street Maximum Speed Limit (MPHI
Mormon Trek Boulevard 35
Where Limit Applies
From the intersection of Melrose Avenue
to the City limits
Name of Street Maximum Speed Limit (MPHI
North Dubuque Road 35
Where Limit Aoplies
From the intersection of Iowa Highway 1
(Dodge Street) to Scott Boulevard
Name of Street Maximum Speed Limit (MPHI
Scott Boulevard 35
Where Limit Applies
From the intersection with
North Dubuque Road south to U.S.
Highway 6
Name of Street Maximum Speed Limit (MPHI
Sycamore Street 30
Where Limit Applies
From the intersection with U.S. Highway
6 south to Gleason Avenue
Name of Street Maximum Speed Limit (MPHI
Sycamore Street 30
Where Limit Applies
From the intersection with Burns Avenue
south to the City limits
Name of Street Maximum Speed Limit (MPHI
U.S. Highway 6 45
Where Limit Apolies
From the east City limits to a point 500
feet west of Heinz Road
Name of Street Maximum Speed Limit (MPHI
U.S. Highway 6 45
Where Limit Applies
From a point 500 feet west of Heinz
Ordinance No.
Page 2
Road to a point 500 feet west of
Fairmeadows Boulevard
2. The following provisions are hereby added to the table currently set forth in said subsection:
Name of Street Maximum Speed Limit IMPHl
Mormon Trek Boulevard 35
Where Limit Applies
From the north City limits
to a point 620 feet southeast of Iowa
Highway 1
Name of Street Maximum Speed Limit IMPHl
Mormon Trek Boulevard 45
Where Limit Applies
From a point 620 feet southeast of Iowa
Highway 1 to the intersection with Old
Highway 218
Name of Street
Naples Avenue
Maximum Speed Limit IMPHl
30
Where Limit Applies
From the intersection with Iowa Highway
1 north to the end of Naples Avenue
Name of Street
Scott Boulevard
Maximum Speed Limit IMPHl
35
Where Limit Applies
From the intersection with Iowa Highway
1 south to U.S. Highway 6
Name of Street
Sycamore Street
Maximum Speed Limit IMPHl
30
Where Limit Aoplies
From the intersection with U.S. Highway
6 south to the City limits
Name of Street
U.S. Highway 6
Maximum Speed Limit IMPHl
45
Where Limit Applies
From the east City limits to a point 500
feet west of Fairmeadows Boulevard
B. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6,
entitled "Speed Restrictions," Subsection C, entitled "School Speed Zones," is hereby amended as
follows:
1. The following portions of the table currently set forth in said subsection are hereby removed:
Name of Street
Sycamore Street
Where Limit Applies
From California Street to Lakeside Drive
2. The following provisions are hereby added to the table currently set forth in said subsection:
Name of Street
Sycamore Street
Where Limit Aoplies
From California Avenue to a point 300 feet south of Lakeside
Drive
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.
Ordinance No.
Page 3
Passed and approved this _ day of
,2006.
MAYOR
ATTEST:
CITY CLERK
Approved by
City!L~Yr g/:dOlJ?
M~chlElSpeed Limit Changes - 3.06/Speed Limit Changes - 3.06.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 8/22/06
Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, <;hampion, Correia,
Elliott. NAYS: NOne. ABSENT: None.
Second ConsideraUon
Vote for passage:
Date published
~
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY," CHAPTER 3,
ENTITLED 'WEED CONTROL" BY AMENDING SECTION 1 TO PROVIDE FOR ENFORCEMENT
THROUGHOUT THE YEAR.
WHEREAS, the definition of "enforcement period," which is the time period that the City enforces its
"weed ordinance," is May 15 to October 15;
WHEREAS, the weed ordinance should be enforced throughout the year; and
WHEREAS, it is in the best interest of the City to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 6, entitled "Public Health and Safety," Chapter 3, entitled 'Weed Control," Section 1, entitled
"Definitions," is hereby amended by deleting the term "enforcement period" 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
APPro~ ~-l-O~
City Attorney's Office
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 8/22/06
Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott,
O'Donnell. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
~
Prepared by: Susan Dulek, Ass't. City Allomey, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION AND FEES"
CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINE AND
PENALTIES," TO MAKE THE FINE FOR LITTERING THE SAME AS THE FINE UNDER THE
STATE CODE AND AMENDING TITLE 16, ENTITLED "PUBLIC WORKS," CHAPTER 3,
ENTITLED "CITY UTILITIES," ARTICLE H, ENTITLED "SOLID WASTE," TO BROADEN THE
DEFINITION OF LITTER.
WHEREAS, the fine for littering is presently $35.00, regardless of where the littering occurs;
WHEREAS, Iowa Code section 321.369 (2005) provides that it is illegal to litter on a street or highway,
and S.F. 2319, which went into effect on July 1, 2006, increases the fine for said violation from $35.00 to
$70.00;
WHEREAS, the fine under a municipal ordinance cannot be less than the fine for the same violation under
State law;
WHEREAS, it is in the best interest of the City to have same fine for all littering violations, and not to have
the fine for littering on a street or highway be greater than littering anywhere else;
WHEREAS, the present definition of "litter" includes a requirement that the garbage must "unreasonably
endanger[] public, health, safety and welfare"; and
WHEREAS, it is in the best interest of the City to prohibit depositing garbage on the streets, parks, and
other public places regardless of whether doing so unreasonably endangers public, health, safety, and
welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION 1. AMENDMENTS.
1. Title 3, entitled "City Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates,
Charges, Bonds, Fines and Penalties," Section 9, entitled "Violation of Various Code Sections," is
hereby amended by amending the fine for littering from $35 to $70 as follows:
Littering
$70.00
City Code Chapter,
Article or Section
Reference
16-3H-11C
Description of Fee, Charge, Bond,
Fine or Penalty
Amount of Fee, Charge,
Bond, Fine or Penalty
2. Title 16, entitled "Public Works," Chapter 3, entitled "City Utilities," Article H, entitled "Solid Waste,"
Section 11, entitled "Littering," Subsection B, entitled "Definitions," is j1ereby amended by deleting the
definition of "Litter" and substituting the following new definition:
Litter: "Garbage," "refuse" and "rubbish," as defined in this article, together with all other solid
waste material.
SECTION 11. 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
Approved:
City Attorney's Office
" '\:l\ ~
'i~~ <("-(\-o~
ATTEST:
CITY CLERK
Sue/OrdReslLillerOrd2005.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 8 / 22 /06
Vote for passage: AYES:
Vanderhoef. NAYS: None.
Second Consideration
Vote for passage:
Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell,
ABSENT: None.
Date published