HomeMy WebLinkAbout1992-10-13 Public hearing
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NOTICE OF PUBLIC HWINO
Nolicol. horeby glv.n thai I publlc hearing win be held by
Iho CIly CouncUoI lowI CIly, low.. at 7:30 p,m, on tho 151h day
01 Septembtr, 18;2, In th. CIvlc Clf1tor CouncH Chamber., 410
E, Wuhlngton Stroof, Iowl CIly, IoWI: 11 which hearing tha
J:oIlncll win con.lder the following hem.:
1. An Ordinance rezoning I portion of the Advanced
Drainage Syslsm (ADS) property located at 1301 Sheridan
Q Avenue Irom 1.110 RS.s,
2, An OIdlnance vacallng portions of Oubuque Road,
Coplos 01 tho proposed Ordinances are on file for public
oxamlnallon In tho offico of tho City Clork. Civic Contor, Iowa
City, Iowa, Persons wishing to mako tholr views known for
Council consldorallon aro oncouraglld to appoar at tho abovo-
monllonlld limo and place,
MARIAN K, KARR, CITY CLERK
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City of Iowa City
MEMORANDUM
Date:
October 9, 1992
To:
City Council \'v~ ~
Karin Franklin, Director, Planning & commUni'y eveloP~~ ~
Chuck Schmadeke, Director, Public Works C.
Jeff Davidson, Transportation Planner '
From:
Re:
Northeast Area Street System/ACT Project
At the conclusion of the joint meeting between the City Council and the Planning and Zoning
Commission, we believe general agreement was reached to endorse the concept of an east.west
arterial street connected to an extension of Scott Boulevard from Rochester Avenue, The key to
closure on this Issue appears to be the alignment of the east.west arterial west of the ACT property.
Presented below and shown on the attached map are five options which have been suggested
throughout this discussion, Our Intention Is to discuss these options with you further during the work
session on October 12,
A, The alignment, originally presented with ACT's plans, that traversed Gatens' and Larson's
property and required removal of the Larson residence,
B, An alignment which bisects the Gatens' property, avoids both the Larson and Gatens
residences, and dislocates a portion of ACT's parking,
C, At the Joint meeting, the Commission and Council suggested using the existing Old Dubuque
Road right-of-way, culling the northeast corner of Gatens' property and swinging south through
the Tyler building parking lot, In the ORP zone, 150 feet Is required between a building and
the rlght.of-way line, This setback cannot be met with the alignment proposed, The alignment
shown maintains the setback for the Tyler building and the Larson home and results In a curve
with Insufficient radius to function safely,
D, This option was presented to the staff by Dr, Clancy and Mike Gatens, It results In a sharp
curve or T-Intersectlon and Impacts the Eble property as well as the ACT main campus,
E, The final alignment runs south of the Larson residence and south of the Gatens' property and
requires acquisition of right-of-way from the Iowa City Press Citizen (Gannett Corporation),
In evaluating these options, the staft has looked at the Impact on residences, the topography,
environmental considerations, safety of the horizontal curves, and relative cost. We cannot endorse
either option C or D since neither alignment results In a safe, functional arterial street, As a
consequence, neither of these alignments will quality for state or federal funding, We recommend
either option B with acquisition of the entire Gatens' tract, or option E. The trade.offs that the Council
will need to evaluate Include the acqulsllion of residential property and any Impacts that may occur
on the environment. With all of the Issues considered, the primary goal we are working toward Is to
enable expansion of ACT and ensure an adequate arterial street network In this part of Iowa City,
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G R 0 U P
DATE:
October 13, 1992
TO:
Iowa City City Council Members
Martin J, I{elly, Prcsldent
FROM:
RE:
American College Testlng
On behalf of the Iowa City Area Development Group and Its Board of Directors we
belleve strongly In ACT and feel that this employer Is very beneficial to the
continued well being of the entire community.
ACT's plans call for an Increase of 100 employees for 1993 with contlnued
employment growth of 450 more poslUons by 1995. 100 new employees to this
area will not only affect ACT, but adds to the economic growth In the retail sector,
housIng, transportatlon, finance, and the service Industries, In essence, It will aid
all of us, Growth reaches all facets of the community and adds to this areas
economic' stability.
This Issue helped bring about the much needed discussion of an arterial roadway
that this community needs and we encourage development of an arterial roadway
as It will facilitate contInued development of the community,
In closing, ICAD supports ACT's expansion plans and encourages the City Council
to support ACT In tllelr expansion,
IOWA CITY AREA DEVELOPMENT GROUP, INC.
325 E, Washington, Suite 100, P,O, Box 2567, Iowa City, IA 52244
(319) 354-3939 Fax (319) 338-9958
,,<,~ 15
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What 100 New
Professional Jobs Mean
to a Community
Po ulatlon Increase
Increase In Retail Sales
525
$4,3
million
20
74
$6,6
million
New retail establishments
Additional obs to communll
Total Increase In Income to
State of Iowa'
'figures Include wages. profits. Income. etc,
Source: Dan 0110, Department of EconomIcs, Iowa State University, Figures derived from 100 jobs at an
Income 01 $22,600/job through the Business Serlvce Sector 01 a 37 sector Input.output model for the State
01 Iowa economy.
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Dionicio (Don) Flores
President and Publisher
!o\\'(/ Cit \'
Press-Citizen
1725 N, Dodge 51.' P.D.Box 2480, 10\\3 City, IA52244. ]191337.]181
October 13, 1992
Mayor Darrel Courtney
City of Iowa City
410 East Washington Street
Iowa City, Iowa 52240-1826
Mr, Mayor:
The Iowa City Press-Citizen is adamantly opposed to the City
of Iowa City's proposed routing of an east-west arterial
road through the northwest portion of our property on North
Dodge Street,
We have two major concerns.
First, we have not had ample opportunity to review the
staff's proposal and to assess its impact on our business
and on our long-range plane for the undeveloped land that
eurrounds the Press-Citizen building.
We do know the proposed road, which is being called Option E
by city staff, would cut through a very valuable piece of
undeveloped property. This portion, which is situated at the
eoutheast corner of North Dodge Street and Old Dubuque Road,
has attracted much interest in the past year from developere
and inveetore,
Our eecond concern ie that we have had no input in the
diecueeions that have resulted in the five optione for the
east-west arterial road. As a matter of fact, we received
the propoeal late Friday afternoon, October 9.
Mr. Mayor, the Iowa City Press-Citizen recognizes the need
for an east-west arterial road. And, we are willing to work
with city etaff and our neighbors on North Dodge Street and
Old Dubuque Road to reeolve the traffic concerns in our area
of the city,
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However, if Option E is singled out as the favored route for
the east-west arterial road before discussing the plan in
full detail with us, the Press-Citizen will vigorously
oppose it,
We welcome your thoughts,
51'''''1''&_ ?f
Dionicio (Don) Flores
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NOTICE OF PUBLIC HEARING
Nolicel8herGbyglvenlhatapublichearingwillbeheldby ~J fa 10//3
Ihe City Council of Iowa City, Iowa. a17:30 p,m, on the 15th day
of Seplember, 1992, In the Civic Cenler Council Chambers, 410
E, Washington Slreet, Iowa City, Iowa; at which hearing lhe
f.9Yncll will consider Ihe following ~ems:
cy An Ordinance rezoning a portion of the Advanced
DralnageSyslem (ADS) property located al1301 Sheridan
Avenue from 1.110 RS-a,
2. An Ordinance vacallng portions of Oubuque Road,
Copies of the proposed Ordinanc9S are on lIIe for public
examlnalion In Ihe office of the City Clerk, Civic Cenler, Iowa
City, Iowa, Persons wishing 10 make their views known lor
Council conslderallon are encouraged to appear atlhe above-
msnlloned time and place,
MARIAN K, KARR, CITY CLERK
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751 Grant Street
Iowa City, IA 52240
October 10, 1992
Naomi Novick
306 Mullin Avenue
Iowa City, IA 52246
Dear Ms, Novick:
My name is Jane Walker, My family and I live at 751 Grant Street, at the corner
of Grant and Sheridan, directly across the street from the ADS property,
We bought our house in 1975 because we wanted to start a family, We moved from
Forest View Trailer Court, which borders Interstate 80, and we wanted a safer,
quieter neighborhood in which to raise our children, We chose this particular
house for its location in an older neighborhood, for the house's individual
charm, and for its affordable price of $19,500. I hope council members can
appreciate what it meant to a young couple starting out to be able to afford
to buy their own home in a neighborhood such as Longfellow, with mature trees,
established gardens, a fine school 2~ blocks away, and neighbors of all ages
and backgrounds who provide such a stimulating mix of experience and outlook,
This house we chose is also directly across Sheridan Street to the north of
the ADS factory, but we are on the "lucky" side of that property, away from
the driveway and loading dock, and we have had the benefit of the tall fencing
and the row of crab-apple trees along the ADS property's Sheridan Street side
which have screened our view of the building and grounds. And the noise and
dust at the worst was a far sight better than that generated on Interstate 80,
Through the years, like many of our neighbors, we have made improvements to
our house as we could afford them: first a fence to protect the kids from
traffic, then a large screened-in front porch overlooking 17 years' worth of
work in the gardens, We have two growing children and a dog and a cat now,
and we have gradually come to need more space than the one story we have.
Last year the opportunity came for a major change when we paid off our mortgage
and finally owned our home outright. We could now afford either to move to
a bigger house or to build on to our existing structure, The decision was fairly
easy to make, since we all wanted to stay in the neighborhood: we decided to
add part of a second story to our home.
Our decision was made, the building loan was taken out and closing costs paid,
our plans were drawn up and loan payments were started -- all before we learned
of the possible sale of the ADS property, When we heard of the pending sale
and details were so scarce, we were alarmed and wondered if we had made the
right choice. But even if we had wanted to move, how could we have tried to
sell our house in good conscience, not knowing what might happen across the
street? And even if a buyer were found who would accept that uncertainty,
how could we expect to receive a fair price? Already the assessed value of
our home is low because of its location next to the factory, Then we learned
of the rezoning proposal, and our outlook brightened, So we made the leap
of faith, stuck with our plan, and started construction,
We are committed to staying in this home in this neighborhood for good, We
are proud of our neighbors and what they are trying to accomplish in these
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meetings. We have grown to appreciate the people around us even more than we
did before the rezoning proposal came up, We are grateful to the neighborhood
association for their hard work, and to you for yours. We are placing our trust
in you, the City Council, to see how right this rezoning plan is, not just for
me and my family and our neighbors, but also for Iowa City as a whole, I believe
we all deserve to have quality of life for a whole neighborhood take precedence
over the wishes of an industry out of place. Industrial use of that land is
no longer appropriate, The whole neighborhood can't pick up and leave, but
one industry, which has abandoned manufacturing at their site, can. I appreciate
ADS's offer of a compromise, but the legal issues sound extremely complex.
I prefer to see the whole parcel rezoned rather than trust in a very complex
process of split zoning, which doesn't seem to give adequate aSSurance that
the land will not be used for industry after ADS is gone.
In closing I ask you to please remember when you cast your vote that my family's
quality of life and that of my neighbors will be directly affected by your choice,
Every day from our new second story windows we will be looking at whatever you
decide will be there, What would you choose if you lived in our house? If it
were your neighborhood, what would seem the most reasonable use of this land?
Would it be for more houses like your own, affordable to new neighbors wanting
to put down roots? Or would it be for a manufacturing site, where raw materials
and products were trucked back and forth along the streets where your children
ride their bicycles? Would it be for green space and flowers or for concrete
storage bunkers? Would it be for backyard playground equipment or for piles
of flammable plastics?
We all have so many stresses in our lives, Our homes should be peaceful places.
Please do what you can to improve quality of life now that you have that chance
by voting to rezone this property to RS-8.
Sincerely,
J~ {Ui;,-ieJL
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Jane Walker
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826 Rooseve ItS tree t
Iowa City, IA 52230
October II, 1992
Dear Mr Courtney,
In tile year and a half existence of the Longfellow NelgllborhOod
ASSOciation, I have ol1served the reSidents pour hundreds of hours of
volunteer time Into a variety of neighborhoOd projects, InclUding garden
walks, numerous pot lUCks, a babYSitting coop, the newsletter, a dance, a
day camp, Sledding parties, a survey, and a benefit for a local charity, Tile
motivation for this type of Involvement comes from the residents' desire to
create thelrown neighborhood, rather than Just exist in one,
The neighborhood's Interest and Involvement In the ADS property Is
another example of the neighborhood's Vitality! and vision. For years people
have been talking about what could be done with tills property when ADS
moves out, and finally It appears ADS Is leaving.
The City council now has an opportunity to Change the zoning of this land
from Industrial to residential. I urge you to vote In favor of tile RS8 zoning,
I appreciate the SUPPOI't you I1ave given neighborhOOds In the past, and /)Ope
that you continue an Interest In such an Integral part of Iowa City's future
Sincerely,
:b,~{t'-(I....j:,V'o.' _,
Sally Hartman
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DAVID P. POULA
ArrollNEV AT LAw
4570 RAPID CREEK ROAD NE
IOWA CIlY,IOWA 52240-7727
PHONE (319) 354-4540
October 8, 1992
Mayor Courtney
City of Iowa City Council
Civic Center
Hand Delivered
re: Rezoning application of neighborhood association
ADS property 1300 Sheridan Ave
Dear Mayor Courtney and members of the Council:
I am aware of the letter Robert Downer Esq. has written the
Council this date on behalf of the owners of the property. On
behalf of the Buyer James O'Brien we concur with his proposed
schedule of the proceedings.
This letter is written at the request of Karen Franklin. Mr.
O'Brien agrees in the event of closing and he becomes the owner
of the property on or before October 31, 1992 that he will commit
no act to attempt to establish any manufacturing use on said
property between the date of closing and the date the Council
takes final action on the RS-8 proposal.
,",
The Council is aware the main building and part of the tract is
to be leased to Seller ADS on closing.
If you need anything further to properly schedule this matter in
a manner agreeable to the Seller, the Buyer and the Council
please advise.
Yours very truly,
f\
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David P. Poula
DPP/sg
cc: R. Downer Esq.
J. O'Brien
City Atty Gentry
Karen Franklin
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RECEIVED OCT - 0 1992
WILLIAM L. MEAROON
WILLIAM F. SUEPPEL
ROBERT N. DOWNER
JAMES P. HAYES
JAMES O. McCARRAGHER
MARK T, HAMER
THOMAS D. HOBART
MARGARETT. LAINSON
DOUGLAS D. RUPPERT
PAUL J. McANDREW. JR.
TIMOTHY J. KRUMM
WILLIAM J. SUEPPEL
CHARLES A. MEARDON
MEARDON, SUEPPEL, DOWNER & HAYES
LAWYERS
122 SOUTH LINN STREET
FAX: (319) 33B.7Z50
TELEPHONE: (319) 33&9222
IOWA CITY. IOWA 52240
October 8, 1992
THE HONORABLE MAYOR &
MEMBERS OF THE CITY COUNCIL
CITY OF IOWA CITY
CIVIC CENTER
410 EAST WASHINGTON
IOWA CITY IA 52240
Re: Advanced Drainage systems, Inc.
1301 Sheridan Avenue
Iowa city, IA
Dear Mayor Courtney, Ladies and Gentlemen:
As you know, the undersigned has represented Advanced
Drainage Systems , Inc. ("ADS") in connection with its resistance
to efforts to rezone its property at 1301 Sheridan Avenue in Iowa
city from the I1 Zone to an RS8 zoning classification. As has
been discussed in various meetings of the city Council and the
Planning & Zoning commission, ADS has entered into a purchase
agreement with James O'Brien providing for Mr. O'Brien's purchase
of the property with a leaseback of a portion of the property to
ADS. ADS' present uses of the property consist primarily of
warehousing and distribution, and administrative and sales offices.
Manufacturing has not taken place on the property since 1989.
Although the purchase agreement with Mr. O'Brien
originally was subject to various contingencies, those contingen-
cies have either been satisfied or waived by Mr. O'Brien, and it is
now the position of ADS (in which position we believe Mr. O'Brien
concurs) that the purchase agreement is now binding upon both
parties. The closing of the transaction was originally scheduled
for October 1, 1992, but has been extended to October 31 because of
the increased difficulty in meeting the contingencies.
ADS has engaged in manufacturing operations on the
property from 1969 to 1989, when those operations were suspended
due to depressed economic conditions in the agricultural drainage
market in the midwest. The operations of ADS in Iowa shrunk from
four plants to one during the 1980s, but the market has started to
recover and ADS is hopeful that it will recover to the point where
a second Iowa manufacturing facility will be required. IF ADS is
';<'~II
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Honorable Mayor & Members
of the City Council
October 8, 1992
Page 2
going to continue to own the property at 1301 Sheridan Avenue it
wants to preserve the ability to manufacture at that site.
However, it has no intention to resume manufacturing at 1301
Sheridan if ADS' occupancy is as a tenant only.
Although ADS has every reason to believe that the sale to
Mr. O'Brien will be closed as scheduled, it does not wish to
abandon its resistance to the rezoning until the sale has been
closed. Because the closing is imminent, ADS would propose the
following schedule for consideration of the rezoning request:
Conclude public hearing
First Consideration
Combined second and third
considerations
October 13
October 27
November 10
If the sale is closed prior to November 10, ADS will
withdraw its objections prior to the November 10 Council meeting so
that an extraordinary majority would not be required for adoption
of the rezoning request. This may not be necessary if ADS doesn't
own the property at that time, but would be done to remove any
doubt.
If, on the other hand, the sale is not completed as
scheduled, ADS would intend to continue with its vigorous objec-
tions to the rezoning request.
Thank you for your consideration. I will be present at
the meeting on October 13 to answer any questions which you may
have.
RND/bj f
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held
by the City Council of Iowa City, Iowa, at 7:30 p.m. on the
13th day of October, 1992, in the Civic Center Council
Chambers, Iowa City, Iowa; at which hearing the Council will
~sider the following items:
~ An Ordinance vacating the north.south alley located
adjacent to the east side of property located at 410
Reno Street.
2, An Ordinance amending Chapter 36 of the Code of
Ordinances of Iowa City, Iowa, entitled "Zoning" by
adopting regulations permitting non.requirad off-street
parking on a separate lot within commerciai and indus-
trial zones,
Copies of the proposed Ordinances are on file for public
examination in the office of the City Clerk, Civic Center, Iowa
City, Iowa. Persons wishing to make their views known for
Council consideration are encouraged to appear at the above.
mentioned time and place,
MARIAN K, KARR, CITY CLERK
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ORDINANCE NO,
AN ORDINANCE VACATING PORTIONS OF THE AllEY
LOCATED ADJACENT TO THE EAST SIDE OF 410 RENO
STREET,
WHEREAS, vacation of the portion of the alley descrtbed
below will diminish access to only one property; and
WHEREAS, that property has direct access from Reno Street;
and
WHEREAS, no public or private utllhles are 10000ad In said
alley; and
WHEREAS, the Council finds that h Is In the public Interest to
vacate the portion of the alley described below,
NOW, THEREFORE, 8E IT ORDAINED BY THE CIlY
COUNCIL OF THE CIlY OF IOWA CIlY, IOWA, THAT:
SECTION I. VACATION. The City of Iowa City hereby vacates
those portions of the alley located adjacent to the east side of
410 Reno Street, legally described as follows:
The easterly 16 feet of the southerly 50 feet of Lot 7 and the
easterly 16 feet of the northerly 25 feet of Lot 6, all In Irish's
Extension to Woods Addhlon to Iowa City, Iowa, according
to the recorded plat thereof.
SECTION II, REPEALER. All ordinances and parts of
ordinances In conflict whh the provisions of this Ordinance are
hereby repealed,
SECTION III, SEVERABIUTY, If any section, provision or part
of the Ordinance shall be adjudged 10 be Invalid or
unconsthutlonal, such adjudication shall not affect the validity of
the Ordinance as a whole or any section, provision or part
thereof not adjudged Invalid or unconstllutlonal,
SECTION IV, EFFECTIVE DATE. This Ordinance shall be In
effect after lIa final passage, approval and publication, as
provided by law,
Passed and approved this
MAYOR
ATIEST:
CIlY CLERK
Approved by
ppdadmlnlranoally,ord
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STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Robert Miklo
Item: VAC 92-0003. VacatiDn of alley east of
410 Reno Street
Date: September 3, 1992
GENERAL INFORMATION:
Applicant:
James P. Jensen
410 Reno Street
Iowa City, IA 52245
337-3223
Requested actiDn:
VacatiDn of alley,
PurpDse:
To provide additional yard area.
Location:
Adjacent to east side of 410 Reno
Street (Lots 6 and 7, Irish Extension of
Woods Addition tD Iowa City).
Size:
1200 square feet (16' x 75').
Surrounding land use and zoning:
North - Residential; RS-5.
SDuth - Residential; RS-5.
East - Residential; RS-5.
West - Residential; RS-5.
Comprehensive Plan:
Residential.
File date:
August 12, 1992.
SPECIAL INFORMATION:
Public utilities:
Municipal water and sanitary sewer
lines are IDcated in the right-Df-way Df
Reno and Davenport streets.
Access:
Access tD this alley is via Davenport
Street.
BACKGROUND:
The applicant, James Jensen, has requested that the City vacate the nDrth/south alley IDcated
east of 410 RenD Street. The attached Exhibit A and Exhibit B provide a full description Df
the area reqllested for vacatiDn. The applicant has indicated his intention to purchase this
property from the City and add it to his rear yard,
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ANALYSIS:
The portion of this alley which has been requested for vacation has not been utilized for
vehicular traffic for several years. Portions of the alley which were located north of this area,
adjacent to LDts 8 and 9 (shown on Exhibit 81. were vacated by the City in 1973. The pDrtiDn
of the alley south of the request provides access to the adjacent lots to the west and the east.
This portiDn Df the alley is paved in concrete and will not be affected by this request.
The portion which is requested for vacatiDn currently has the potential Df providing access
only to property owned by the applicant (portiDns of Lots 6 and 7, and the residential property
immediately to the north). Therefore, only the property to the north will have diminished
access if the requested alley vacation is approved,
There currently are no municipal utilities located within the portion of the alley requested for
vacation. This request has been referred to all private utility companies. There are no private
utilities apparent within the alley,
Given that access to only one residential prDperty will be diminished if this alley vacation is
approved, and that the property has alternative means of access via Reno Street, there does
not appear to be a cDmpelling public need for continued City ownership of this portiDn of the
alley, Vacation of this portion Df the alley will allow the applicant to provide for its
maintenance and will add the property to the City tax rolls.
STAFF RECOMMENDATION:
The staff recommends that a portiDn of the alley located adjacent to the east side Df the
property known as 410 Reno Street (fully described in Exhibit A) be vacated.
ATTACHMENTS:
1. Exhibit A - Legal Description,
2. Exhibit 8 - LocatiDn/Site Map.
Approved by:
~~
Monica Moen, SeniDr Planner
Department or Planning and
CDmmunity Development
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Location Map
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Ul~ Ut:Z 'CEMETERY "-..
W[[[I] "'------.,/
8~OTIJJ :!.. I HICKORY HILL PARK
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EXHIBIT A
The easterly 16 feet of the southerly 50 feet of Lot 7 and the easterly 16 feet of the northerly
25 feet Df Lot 6, all in Irish's ExtenslDn tD Woods Addition to Iowa City, Iowa, according to
the recorded plat thereof.
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Exhibit B .
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October 9, 1992
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Dear City Council Members:
In regards to my wife and I requesting the vacation of the alley
parcel at the rear of our yard at 410 Reno Street, we felt we were
just following protocol on this with the parcels to the north and
south of us (see attached map). No easements were given in those
vacations.' We aren't asking to set any precedents here. We, feel
we aren't denying anyone anything. We thought we were just
following the natural evolution that everyone else had done to add
to their yard.
)
"
.
We feel the pictures we've presented to Mr. Miklo illustrate the
ease of access around and across the Klaus's yard to any area of
their yard.
We are not asking to be treated any differently than anyone else.
My wife and I are asking f~r the same treatment given to the other
people who've had alley parcels vacated, We hope you do agree with
us.
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Respectfully,
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August 30, 1992
Robert Miklo, Planner
Iowa City Planning and Zoning Department
410 East Washington Street
Iowa City, Iowa 52240
Dear Mr. Miklo:
We write in response to your notice of August 28, concerning the
request of James Jensen to vacate the north-south alley located east
of 410 Reno Street.
Since we will be out of town this week, we will be unable to attend
both the informal and the formal meetings of the Planning and Zoning
Comission, August 31 and September 3, at which Mr. Jensen's request
will be discussed. Thus we have chosen to put our views of his request
in writing.
Our main concern with this request is based on the fact that
during the past 22 years of owning the adjacent property at 416 Reno
Street, we have relied upon the alley as a necessary form of access
not only for the various heavy-duty landscaping, tree~moving, tree-
fertilizing, and tree-removal services we have needed from time to
time, but also for having truckloads of soil, compost, and other
materials delivered to the back of our 326' deep lot. Our driveway,
which is at the northwest edge of our lot on Reno Street, cannot be
used for such purposes, since it is not only backed by a low stone
retaining wall, but also by a 10' tall privacy shrub,' a 50' tall oak
tree, and a 12' x 18' gazebo.
When we purchased our property, as well as during the intervening
years during which we have invested thousands of dollars in
landscaping and maintaining it, we did so on the assumption that we
would have continued access to the back of our lot by means of the
city alley from Davenport Street. Thus we can only give our support
to Mr. Jensen's request if we receive a written easement giving us--
and future owners of this property--a legally guaranteed access through
the vacated portion to the back of our lot.
Sincerely,
~~.~
Carl H. Klaus
ff !d:,~<<1
cc: James Jensen
Ted Anfinson
James Manary
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NOTICE OF PUBLIC HEARING
Notice is herebv given that a public hearing will be held
bV the CitV Council of Iowa Citv, Iowa, at 7:30 p,m. on the
13th dav of October, 1992, in the Civic Center Council
Chambers, Iowa CitV, Iowa; at which hearing the Council will
consider the following items:
1, An Ordinance vacating the north.south allev located
adjacent to the east side of propertv located at 410
Reno Street.
@ An Ordinance amending Chapter 36 of the Code of
Ordinances of Iowa Citv, Iowa, entitled 'Zoning' bV
adopting regulations permitting non-required off-street
parking on a separate lot within commercial and indus-
trial lones.
Copies of the proposed Ordinances are on file for public
examination in the office of the Ciw Clerk, Civic Center, Iowa
Citv, Iowa. Persons wishing to make their views known for
Council consideration are encouraged to appear at the above-
mentioned time and place.
MARIAN K, KARR, CITY CLERK
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(2) Special Exceptions and Variances. Applications for special exceptions and
variances shall be filed with the City Clerk. At a minimum, the application shall
include the fDllowing:
a. The name and address Df each applicant;
b. The names and addresses of the owner of the property in question and of
the architect, professional engineer, and contractor, if any;
c. The names and addresses of the record owners of all property located
within 200 feet of the property In question;
d. A map or plat showing the location and record owner of each property
oppDsite or abutting the prDperty in question;
e. A narrative statement of the grounds offered as support for the special
exception or variance;
f. A ':lap or plot plan, drawn to scale: of the property In question.
(3) Fees. A filing fee shall be paid at the time any appeal or application Is filed. Filing
fees shall be as established from time to time by resolution of the City Council.
No fee' shall be charged for an appeal or application flied by any officer,
department, or board of the City.
(g) Powers. The Board shall have the following powers:
(1) Appeals. To hear and decide appeals where It Is alleged there is error In any
order, requirement, decisions, or determlnatlDn made by the City Manager or
his/her designee In the enfDrcement of this Chapter or of any ordinance adopted
pursuant thereto,
v(2) Special exceptions. To hear and decide applications for special exceptions to the
terms of this Chapter, and enlargements thereof, In accordance with the general
regulations of the zone In which the property Is located and specific standards
contained herein,
a. Review. The Board shall review all applicable evidence regarding the site,
existing and proposed structures, neighboring uses, parking areas,
driveway locations, highway access, traffic generation and circulation,
drainage, sewerage and water systems, the propDsed operation, and such
other evidence as deemed appropriate. '
vb. Standards. In order to permit a special exception, the Board must find that
the standards set forth In this Chapter with respect to the specific proposed
exception shall be met, and that the general standards detailed herein shall
be met or are not applicable:
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1. That the specific proposed exception will not be detrimental to or (
endanger public heallh, safety, morals, comfort, or general welfare.
2. That the specific proposed exceptlDn will not be injurious to the use
and enjoyment of other property in the Immediate vicinity for the
purpDses already permitted, and will not substantially diminish and
impair property values within the neighborhood.
3. That establishment of the specific proposed exception will not
impede the normal and orderly development and improvement of
the surrounding property for uses permitted In the zone in which
such property is located.
4. That adequate utilities, access roads, drainage and/or necessary
facilities have been or are being provided.
5. That adequate measures have been Dr will be taken to provide
ingress or egress so designed as to minimize traffic congestion In
the public streets.
6.
That, except lor the specific regulations and standards applicable
to the exception being considered, the specific proposed exception
shall In all other respects conform to the applicable regulations or
standards of the zone in which It is to be located.
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7. That the proposed use shall be consistent with the short-range
Comprehensive Plan of the City.
c. Conditions. In permitting a special exception, the Board may impose
appropriate conditions and safeguards, Including but not limited to planting
screens, fencing, construction commencement and completion dates,
lighting, operational controls, improved traffic circulation, highway access
restrictions, yards, parking requirements, the duration of a use or owner-
ship, or any other requirement which the Board deems appropriate under
the circumstances upon a finding that they are necessary to fulfill the
purpose and Intent of this Chapter.
(3) Variances. To authorize upon appeal in specific cases such variances from the
terms of this Chapter as will not be contrary to the public interest, where owing to
special conditions there are practical difficulties or particular hardships in the way
of achieving strict compliance with the provisions of this Chapter. No variance to
the strict application of any provision of this Chapter shall be granted by the Board
unless the applicant demonstrates that all of the following elements are present:
a. Not contrary tD the public Interest.
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ORDINANCE NO.
C:DINANCE AMENDING CHAPTER 36 OF THE CODE
cl\ ~~DINANCES OF THE CITY OF IOWA CITY, IOWA,
ENllTLED 'ZONING,' BY ADOPTING REGULATIONS
PER~ITTING NON.REQUIRED OFF-STREET PARKING 0
A SE~ARATE LOT IN COMMERCIAL AND INDUSTRI
ZONES
WHE~'AS, off.street parking 15 considered en ecces ry use
under S~~ on 364(e) (3) of the Code of Ordinances tha City
of Iowa CI Iowa; and
WHEREA Section 364(a)(3) provides that off. reet parking
may be locat on a separale 101 ~ tha Board f Adjustment
grants a specla excepllon under Secllon 36. d) of the Code
of Ordinances 0 the City of Iowa Clly, Iowa' and
WHEREAS, un r Secllon 36.58(d), asp clal excepllon mey
be granled when t re Is an Increase In t e number of spaces
required by a conve ~on or enlargeme of a use; and
WHEREAS, the Zo ng Ordlnanca ovldas no mechanism,
olher than a vanance, r providing on.re ulred parking on a
separate 101; and
WHEREAS, II Is dee ed ap roprlate for the Board of
Adjustment through the s ecla excepllon process to review
requests for non.requlred ar ng In the same manner as II
reviews requests for require parking,
NOW, THEREFORE, B ORDAINED 8Y THE CITY
COUNCIL OF THE CITY I A CITY, IOWA:
SECTION I. ZONING A END NT,
1. Chapler 36, Artl e III, en'lIed 'Accessory Uses and
Requlremenls,' Secl n 36.58 nlllled 'Off-Streel perking
requirements,' of th Code of Ordl ances of the City of Iowa
City, Iowa, ba and he same Is here y amanded by repealing
subsecllon (d) a adding therelo a n subsection (d) to read
as follows:
(d) Off.st el arkln locatad on
Boe of AdJustmenl may granl
off. Ireel parking and slacking paces, aisles and
dr es to be localed on a separa lot from the use
A lVed when 1) two or more uses s re the same off.
treet parking and stacking spaces, les an, d drlv, es,'
2) an Increase In the number of space Is required by
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! !99i!i~g: or 4) uses are located In a C8.2 z ~; and
provided thai the fOllowing condlllons are mel.
,(1) Speclallocallon plan, A speclallocallon plan s ell be
/ lIIed wllh the Board by the ownera of the enllra lend
/1 area to be Included wllhln tho speclallocellon plen and
shall contain such Informallon deemed necessary 10
/ comply wllh the requlramenls herein, Evidence of
! ownership shall ba provided,
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Ordinance No,
Page 2
(2) Off.slreel parking location,
a, In Rend C zones, the nearest polnl of the parking
area to the nearest point of the building that the
pa ng area Is raqulred to serve, shall not be
, aater than 300 feet.
b, In I, ORP and RDP zones, tha nearest point of the
I
perking area to the nearest point of the ulldlng
that the parking araa Is required to serve, hall not
e greater than 600 feet.
(3) Wh e off.street parking Is used Jointly by 0 (2) or
mor uses, the number of parking spa s shall be
equal to the sum total 01 off.street p. rklng space
require ents of all such uses,
(4) Up to percent of the parking sp es required for
commerc I recreational uses, cl bs, schools or
restaurant and up to 100 perc nt for a religious
Inslllutlon ay be shared by nanclal Instllutlons,
offices, retail stabllshmenls, r pair shops, personal
service establ hments and sl liar uses not normally
open, used or erated durl g the same hours,
(5) A written agreem nt proper executed by the owners
within the area of t e spec 1I0catlon plan assuring the
ralentlon 01 the pa Ing nd slacking spaces, aisles
and drives and bin n upon their successors and
assigns shall be sub IlIed wllh the special location
plan as a covenant n Ing with the land,
(6) In Instances wher a e Is within 600 feet of a
City.owned parkl g area, up to 50 parcent of the
required number of parking paces may be provided
In the parklng~Cllity, When use abuts a City-owned
parking area, p to 100 percent 1 the required number
of parking s aces may be pr Ided In the parking
I
faCility, In Ihe Instance where an ppllcant wishes to
provide or/.slreet parking In a .owned parking
,
faclllty'loe Board shall substantia ~that, wllh Ihe
addlllo of the number of car for a use
acco,? odated In the faCility, the c Raclty 01 the
park~g facility will nol be exceeded, (0 d, 90-3470,
08-07-90)
(7) In fssesslng an application for a special exc lion, the
Board shall consider the desirability 01 the 10 lion of
,6ff.slreet parking and stacking spaces, alsl and
/ drives on a lot separate from the use served In erms
" 01 pedestrian and vahlcular traffic safety and any
! dalrlmental affacts such off.slreets parking d
,: stacking spacas, alslas and drives may have \
,/ adjacent property,
SECTION II, REPEALER. All ordinances or parts of ordinances
,In conflict wllh the provisions or this Ordinance are hereby \
' repeeled,
SECTION Ill, SEVERABILITY, II any secllon, provision or part
or the Ordlnence shell be adjudged 10 be Invalid or
unconslllullonal, such adJudlcetlon shell not effect the validity of
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Ordinance No,
Page 3
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the Ordinance as a whole or any section, provision or part
thereof not adjudged Invalid or unconstllutlonal.
SECTION IV, EFFECTIVE DATE, This Ordinance shall be In full
force and effect from and after lis final passage, epproval end
publlcetlon, es provided by law.
Passed and epproved this day of November, 1992,
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA,
ENTITLED "ZONING," BY ADOPTING REGULATIONS
PERMITTING NON.REQUIRED OFF.STREET PARKING ON A
SEPARATE lOT IN COMMERCIAL AND INDUSTRIAL ZONES.
WHEREAS, off.street parking is considered an accessory
use under Section 36-4Ia}(31 of the Code of Ordinances of
the City of Iowa City, Iowa; and
WHEREAS, Section 36.4Ia}(31 provides that off.street
parking may be located on a separate lot if the 80ard of
Adjustment grants a special exception under Section 36.
681dl of the Code of Ordinances of the City of Iowa City,
Iowa; and
WHEREAS, under Section 36.581dl, a special exception
may be granted when there is an increase in the number of
spaces reauired by a conversion or enlargement of a use; and
WHEREAS, the Zoning Ordinance provides no mechanism,
other than a variance, for providing non.reouired parking on
a separate lot; and
WHEREAS, it is deemed appropriate for the Board of
Adjustment through the special exception process to review
requests for non-required parking in the same manner as it
reviews requests for required parking.
NOW, THEREFORE, 8E IT ORDAINED 8Y THE CITY
COUNCil OF THE CITY OF IOWA CITY, IOWA:
SECTION I, ZONING AMENDMENT.
1. Chapter 36, Article iii, entitled "Accessory Uses and
Requirements," Section 36.58 entitled "Off.Street parking
requirements," of the Code of Ordinances of the City of Iowa
City, Iowa, be and the same Is hereby amended by repealing
subsection Idl and adding, thereto a new subsection Idl to
read as follows:
Id) Off.street oarkino located on a seoarate lot, The
80ard of Adjustment may grant a speciai exception
for off.street parking and stacking spaces, aisles and
drives to be located on a separate lot from the use
served when 11 two or more uses share the same
off.street parking and stacking spaces, aisies and
drives, 21 an Increase in the number of spaces Is
required by a conversion or an enlargement of a use,
or 31 '1':',itTIeom' . To7WiilWifrlali!;'iiiiWWW61i!
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'i1ot~JMif~litft"\thlWi!MWWnar'b\'~ltWd~1W~Kibtl
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or 41 uses are located In a C8-2 zone; and provided
that the following conditions are met:
111 Special iocation plan, A special iocation plan shall
be filed with the Board by the owners of the entire
land area to be Included within the speclai location
plan and shall contain such information deemed
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Ordinance No.
Page 2
necessary to compiy with the requirements herein.
Evidence of ownership shall be provided.
(21 Off.street parking location.
a. In Rand C zones, the nearest point of the
parking area to the nearest point 01 the building
that the parking area is required to serve, shall
not be greater than 300 feet.
b. In I, ORP and RDP zones, the nearest point' of the
parking area to the nearest point of the building
that the parking area is required to serve, shall
not be greater than 600 feet,
131 Where off.street parking is used jointiy by two (2) or
more uses, the number of parking spaces shall be
equal to the sum total of off.street parking space
requirements of all such uses.
14) Up to 60 percent of the parking spaces required for
commercial recreational uses, clubs, schools or
restaurants and up to 100 percent for a religious
institution may be shared by financial institutions,
offices, retail establishments, repair shops, personal
service establishments and similar uses not normally
open, used or operated during the same hours,
15) A written agreement properly executed by the
owners within the area of the special location plan
assuring the retention of the parking and stacking
spaces, aisles and drives and binding upon their
successors and assigns shal! be submitted with the
special location plan as a covenant running with the
land.
(6) In instances where a use is within 600 feet of a
City.owned parking area, up to 50 percent of the
required number of parking spaces may be provided
in the parking facility, When a use abuts a City.
owned parking area, up to 100 percent of the
required number 01 parking spaces may be provided
in the parking facility, In the instance where an
applicant wishes to provide off.street parking in a
City.owned parking facility, the 80ard shall
substantiate that, with the addition of the number of
cars for a use accommodated in the facility, the
capacity of the parking facility will not be exceeded.
(Ord. 90.3470,08.07-901
(7) In assessing an application for a special exception,
the Board shall consider the desirability of the
location of off.slreet parking and stacking spaces,
aisles and drives on a lot separate from the use
served in terms of pedestrian and vehicular traffic
safety and any detrimental effects such off.streets
parking and stacking spaces, aisles and drives may
have on adjacent property.
SECTION II, REPEALER. All ordinances or parts of
ordinances in conflict with the provisions of this Ordinance
are hereby repeaied.
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Ordinance No,
Page 3
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
full force and effect from and after Its final passage, approval
and publication, as provided by law.
Passed and approved this day of November, 1992.
MAYOR
A TIEST:
CITY CLERK
Approved by
ff}J~ fJ~9 :hCJl-
City Attorney's Office r;- IO!tsj1;:J...
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It was moved by and seconded by
as read be adopted, and upon roll call there were:
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that the Ordinance
AYES:
NAYS:
ABSENT:
Ambrlsco
Courtney
Horowitz
Kubby
Larson
McDonald
Novick
First Consideration
Vote for passage:
Second Consideration
Vote for passage:
Date published
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NOTICE OF PUBLIC HEARING ON AN ORDINANCE TO
VACATE, AS A CORRECTIVE LEGAL ACTION, THE
WESTERLY 105.29 FEET OF THE ALLEY BETWEEN MAIDEN
LANE AND GILBERT COURT AT LAFAymE STREET,
BLOCK FOUR, LYON'S FIRST ADDITION, IOWA CITY,IOWA,
AND THE NORTHERLY PLATTED ALLEY IN BLOCK FOUR,
LYON'S FIRST ADDITION, IOWA CITY, IOWA.
TO ALL TAXPAYERS AND RESIDENTS OF THE CITY OF
IOWA CITY, IOWA, AND TO OTHER PERSONS INTERESTED,
Public notice Is hereby given that the City Council for the
City of Iowa City, Iowa, will conduct a public hearing on an
ordinance to vacate, as a corrective iegal action, the westerly
105.29 feet of the alley between Maiden Lane and Gilbert
Court at Lafayette Street, Block Four, Lyon's First Addition,
Iowa City, Iowa, and the northerly platted alley In Block Four,
Lyon's First Addition, Iowa City, Iowa. Said hearing shall be
heid at 7:30 p.m. on the 13th day of October, 1992, and
said meeting shall be held in the City Council Chambers of
the Civic Center, located at 410 E. Washington Street, Iowa
City, Iowa.
Said ordinance, together with more specific legal
descriptions, are now on file in the office of the City Clerk in
the Civic Center, Iowa City, Iowa. Persons wishing to make
their views known for Council consideration are encouraged
to appear or submit written comments at the above.
mentioned time and place,
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NOTICE OF PU8L1C HEARING ON A RESOLUTION OF INTENT
TO CONVEY, BY QUIT CLAIM DEEO, A PORTION OF
VACATED MAIDEN LANE AND A PORTION OF LOTS THREE
AND FOUR OF COUNTY SEAT ADOITION TO IOWA CITY,
IOWA, AND ALLEYS LOCATED IN BLOCK FOUR, LYON'S
FIRST ADDITION, IOWA CITY, IOWA, AS A CORRECTIVE
LEGAL ACTION.
TO ALL TAXPAYERS ANO RESIDENTS OF THE CITY OF
IOWA CITY,IOWA, ANO TO OTHER PERSONS INTERESTED:
,:,'
Public notice is hereby given that the City Council of Iowa
City, Iowa, will conduct a public hearing on a resolution of
intent to convey, by quit claim deed, a portion of vacated
Maiden Lane and a portion of Lots Three and Four of County
Seat Addition to Iowa City, Iowa, and alleys located in Block
Four, Lyon's First Addition, Iowa City, Iowa, to Capitol
Impiement Company, the title holder of said property, as a
corrective legal action. Said hearing shall be held at 7:30
p.m. on the 13th day of October, 1992, and said meeting
shall be held in the City Council Chambers of the City of
Iowa City at the Civic Center, 410 E, Washington Street,
Iowa City, Iowa,
Said resolution and quit claim deed, together with official
legai descriptions, are now on file in the office of the City
Clerk in the Civic Center, Iowa City, Iowa. Persons wishing
to make their views known for Council consideration are
encouraged to appear or submit written comments at the
above.mentioned time and place,
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NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATED COST FOR
CIVIC CENTER EAST
LOWER LEVEL REMODELING PROJECT
IN THE CITY OF IOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA,
AND TO OTHER PERSONS INTERESTED:
Public notice Is hereby given that the City Council of the
City of Iowa City, Iowa, will conduct a public hearing on
plans, specifications, form of contract and estimated cost for
the construction of the Civic Center East Lower Level
Remodeling Project in said City at 7:30 p.m, on the 13th day
of October, 1992, said meeting to be held in the Council
Chambers in the Civic Center in said City.
Said plans, specifications, form of contract and estimated
cost are now on file in the office of the City Clerk in the Civic
Center in Iowa City, Iowa, and may be inspected by any
interested persons.
Any interested persons may appear at said meeting of the
City Council for the purpose of making objections to and
comments concerning said plans, specifications, contract or
the cost of making said improvement.
This notice is given by order of the City Council of the City
of Iowa City, Iowa and as provided by law.
MARIAN K. KARR, CITY CLERK
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