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HomeMy WebLinkAbout2007-03-20 Ordinance r 03;b07 , Prepared by: Robert Miklo, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240. ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 12 ACRES LOCATED ON RUPPERT ROAD WEST OF RIVERSIDE DRIVE FROM COMMUNITY COMMERCIAL (CC-2 ) TO INTENSIVE COMMERCIAL (CI-1). (REZ07 -0001) WHEREAS, the City has initiated a rezoning of property located at on Ruppert Road west of Riverside Drive from Community Commercial (CC-2) to Intensive Commercial (CI-1); and WHEREAS, the Comprehensive Plan has been amended to indicate that this area is appropriate for Intensive Commercial development; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has recommended that it be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of CC-2 to CI-1: North Airport Development lots 1, 5,6 and 7. 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. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or 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. MAYOR ATTEST: CITY CLERK Approved by ~ ~ "!;('..,./"? ~f~ffiC;--' 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 3/20/2007 Vote. for passage: AYES: Ba~ley, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: Champion. Second Consideration Vote for passage: Date published sb STAFF REPORT To: Planning and Zoning Commission Prepared by: Robert Miklo Item: REZ07-00001 Aviation Commerce Park - North Date: February 1. 2007 GENERAL INFORMATION: Applicant: City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Phone: 356-5230 Property Owner: City of Iowa City Purpose: To allow Intensive Commercial use. Location: Ruppert Road area, south of Highway 1, north of the Iowa City Municipal Airport. Property Size: Approximately 12 acres Existing Land Use and Zoning: Undeveloped; CC-2 Surrounding Land Use and Zoning: North: Commercial; CC-2 and CI-1 South: Public Airport; P East: Commercial; CC-2 and P West: Undeveloped; CC-2 Comprehensive Plan: The Comprehensive Plan identifies this property as General Commercial. The South Central District Plan identifies this property as Community Commercial. File date: January 22, 2007 45-day limitation period: Not applicable BACKGROUND INFORMATION: Aviation Commerce Park North (North Airport Development) was subdivided in 2000, and infrastructure was constructed to allow for commercial development on property along the north side of the Iowa City Municipal Airport. The area was zoned P/CI-1, Intensive Commercial. The Intensive Commercial zoning was established because it was thought to be a zone that would attract airport-related service and storage businesses, and other similar uses that do not require visibility from Highway 1. _ ._..____,,~~.________.~_.____"_._.~_..___.____~_._._._.____._._~__.__._____.~.____~m__..._~__"___ ,., ____ ____."__.___,,,...____._.'_m_.._________~__._.__,,.___ 2 In 2005 the City entered into an agreement with Wal-Mart to buy a large portion of the development and the entire subdivision was rezoned to CC-2. The Comprehensive Plan was amended to change the land use designation in the South Central District Plan from Intensive Commercial to Community Commercial and the text of the plan was changed to refer to the more general term "commercial" rather than the specific Intensive Commercial or Community Commercial. The sale of the property was not completed and the property is now being marketed. The City has received offers for some of the lots located in the eastern portion of the subdivision. The potential buyers require Intensive Commercial (CI-1) zoning. The City is proposing to amend the Comprehensive Plan and to rezone lots 1, 5,6 and 7 back to CI-1. ANALYSIS: Comprehensive Plan The South Central District Plan, adopted in 2000, had originally shown this property as being appropriate for Intensive Commercial development. As noted above the plan was amended in 2005 to change the land use map to show this property as being appropriate for Community Commercial. One of the justifications for the 2005 amendment to the Comprehensive Plan and the rezoning from CI-1 to CC-2 was that the previously proposed large retail development would spur further redevelopment and likely rezoning of the CI-1 zone located to the north along Highway 1. This would support the goal of the South Central District Plan to encourage more retail development in the highly visible area along the highway. In absence of a magnet retail development on Ruppert Road, this scenario is unlikely to occur. With out a destination development to draw customers from Highway 1 to Ruppert Road the development of the current CC-2 zone becomes less viable. The original scenario contained in the South Central District Plan also encouraged the redevelopment of the properties adjacent to Highway 1 for retail uses while the less visible properties along Ruppert Road were seen as appropriate for CI-1 type uses. This scenario may now be more viable. There is interest in CI-1 type uses for the eastern part of Ruppert Road and therefore this rezoning is being requested. Consideration may also be given to rezoning the entirety of Aviation Commerce Park to CI-1. But before making that decision, the City is exploring other development scenarios. One possibility would be the extension of Miller Avenue from its current terminus at Highway 1 to the south to intersect with Ruppert Road. This would improve the street access and visibility of the western portion of Aviation Commerce Park and make CC-2 type development more viable. This scenario will require the cooperation of other property owners in the area and therefore may not be successfully implemented. If it is not possible to implement such a plan, then the appropriate zoning along Ruppert Road may be CI-1. To assure consistency with the Comprehensive Plan, the South Central land Use Map would need to be amended to show Intensive Commercial land uses in lieu of Community Commercial along Ruppert Road. The February 1 agenda includes setting a pubic hearing for February 15 for consideration of such an amendment. S:\PCD\Staff Reports\REZ07-00001-north airport .doc 3 STAFF RECOMMENDATION: Staff recommends REZOY -00001, a request for a rezoning of approximately 12 acres of land located on Ruppert Road west of Riverside Drive from CC-2, Community Commercial to CI-1, Intensive Commercial, be approved. ( Approved by: Kari Franklin, Director, Department of Planning and Community Development ATTACHMENT: Location map $:\PCD\Staff Reports\REZ07-00001-north airport .doc ~ ,^,"a ,alS"'^'" HjnaS oV V)o ~ <F il:,:::O .~~--'<: () V) CJ1 I... I... _ s::< 1...1...0 "r-2~Q Sc! eo ..... V) -.J ~~ Q ~~ ~ ~ " I o I w ~ ~ ~ ~ 8lG ^ IfMHDIH 010 C\I o o ~ (:) ~ ~ ~ 3^ V ~3111Yi ~ w ~ ~ ~ ~ ~ CO ~ en C\I a: 0 (:) 0 801~ >lM'v'H 0 ,... a:N - 0 C\I ~ n a: -~IJ - Clf( C e.. \ ,... D.. Ie.. n ..- o o o o , t-- o N UJ 0: ..- o o +-' C\I o o "0 CO o a: t:: Q) 0.. 0.. :J 0: .. z o - ~ u o ~ ~ ~ - rF:J NONII::J-8N31IuAjpII '~II 09:U: ~ ~ LOOG/9W 'BMP"9o-Bu'UOz\ZlIdIO::JdIBu31:S 9;/uv sit ~ Cjj)Mk ?JfUV &- S~ 1165 South Riverside Drive * Iowa City, IA * 52246 Voice: 319-337-8665 * Toll Free: 888-9ALEXIS * Fax: 319-351-4102 www.AlexisParkInn.com To: Iowa City Planning & Zoning Commission Robert Brooks, Chair Ann Freerks, Vice-Chair Elizabeth Koppes, Secretary Wally Plahutnik Terry Smith Charles Eastham Dean Shannon From: Jay & Mary Honeck Date: February 15, 2007 Re: Rezoning Airport Commerce Park from CC2 to CII. Please accept our apologies for not attending this meeting in-person. The Iowa City School District rescheduled our daughter's concert - postponed by Tuesday's snowstorm - to tonight, at the same time as this meeting. As any parent knows, you just can't miss things like that - so hopefully this letter will carry the same weight as our presence. We wish to express our adamant opposition to the proposed rezoning of the land adjacent to our property in the Airport Commerce Park from Community Commercial (CC2) to Intensive Commercial (CIl). This rezoning would change the character of the development, making it incompatible with our hotel and future business plans. We own the Alexis Park Inn & Suites, the aviation theme-suite hotel located next to the Iowa City Airport. We have spent the last five years remodeling the formerly run-down motel into an award-winning Iowa City destination. After an immense amount of work and money, the Alexis is now the top-rated hotel in Iowa City - and has been for three consecutive years. We have done this despite immense obstacles. Our biggest obstacle has been our neighbor to the South, a company called "Harris Concrete". They are located on a small plot between the hotel property, and Lot 5 in the Airport Commerce Park. They opened about the same time we did, and have progressively turned an acceptable property into a horrible eyesore, with concrete forms, rusted bails of rebar, and equipment of all kinds stored outside, visible from Ruppert Road and our property. They are the only business in the area with outdoor storage - precisely what you are proposing to allow in the Airport Commerce Park. \ In an effort to mitigate the damage to our business, we paid for 6-foot screening fencing and installed it on their property - to no avail. It is simply impossible to build a tall enough barrier when your hotel is 3-stories tall, with guest balconies lining the south side of both buildings. Please refer to the photographs of the Harris property, attached to this letter. These photos were taken from Ruppert Drive just a few days ago, and graphically illustrate the kind of outdoor storage that happens in an area that is zoned CIl. As you can see, allowing outdoor storage is an invitation to entropy. Winter weather exacerbates the problem, making items that are stored outside both inaccessible and cosmetically even more unacceptable. The end result is disastrous. Thankfully, working with our partners, we have obtained a purchase agreement on the Harris property, and they are leaving the area soon. Our plans are to put a restaurant on this land, which will compliment the ever-growing hotel business, and provide a much- needed cosmetic boost for the area. Now, much to our dismay, we discover that you are considering rezoning the entire surrounding area to cn, which will remove the covenants and restrictions barring outdoor storage on these lots. This potential change throws our restaurant planning - and, in fact, all future development plans for the hotel- into doubt. In short, it's hard to imagine building a restaurant in an area that will potentially look like the Harris property in just a few months or years. As we have learned from sad personal experience, outdoor storage is easily abused, and ALWAYS an eyesore. The rules prohibiting certain items are virtually unenforceable, and you cannot prevent a property owner from turning their property into what amounts to a salvage yard. Again, I ask that you refer to the photos of the Harris property, which is the only property in the area with outdoor storage. Look at the horrible mess this once-proud property has become, and imagine TWELVE ACRES of other properties looking just like it. Is this really what the City wants? Mike Tharp, Iowa City Airport Specialist, is on record opposing this rezoning, for fear of the harm it will do to the airport and its users. Airport Commissioner Janelle Rettig is on record opposing rezoning Lot 5 - the lot closest to the hotel - to cn status. We wish to add our voice to theirs in opposition to this change. We have invested our lives in the resurrection of the Alexis Park !un & Suites, and are proud that the southern entrance ofIowa City is now gracyd by an award-winning luxury suites hotel. We look forward to adding a fine restaurant to the property, and future plans include enclosing our outdoor swimming pool, and adding a third building to the hotel complex, with an additional 25 luxury suites. Please don't do anything to jeopardize these future plans. Leave the covenants and restrictions against outdoor storage in place on the 12 acres that make up the Airport Commerce Park on Ruppert Road. Thank you for your consideration. Sincerely, ~~/~-- Ja Mary Honeck Owners/Innkeepers v , "\ t'~' ,. ~. " I II- "' ,. f .t J '} f; t .~ "". .-:~ , ui, ._f, Il:. "'. t ,. . '" ~'+~ -- LiE " I , . , (~ I r:H I- -, \ '~ ' ,_1,1 ~ ~ '" ~;f f , '\ . ~ "Y ,l.. .., -- .,. i.. ~'!-:': \ II- .i,.~ . ~-..-.',.~' -~~). ~ ... .:1 I \"1l r:~...' . \: ~ ,.., 'l ~ . ,\' , ' . ~ " '-- , , .\" ~, ' ,~ '~...':_- i '~I . ,'.-(, f ( " J j " l' ,:> '\ \ - l '0 .~~~, l&I-:iI: s~~ u~ - f ~ ~ t:. t::~:Z: 2 ~..o~ C)~ 0 ';: 'g '" ~ :z~ N ~ ';; c-) 't "l&I~~""~ rw- ';;;!-ae. ... ~ c:t ;;; ~Ui - ~ ~ 0;. ~. I ~ j -.... = -~.... ~~~;!:~ '-.' ~aDl~ ...... ... CITY OF IOWA CITY MEMORANDUM Date: March 14, 2007 I j) City Council ... ~ -<f2a~- Karin Franklin, Director, P~'lfl land values--CI-1 v. CC-2 To: From: Re: During the setting of the public hearing for the rezoning in Aviation Comme,rce Park North (item 5a and b), Councilor Vanderhoef asked for a comparison of land values for CI-1 land and CC-2 land. land values are affected by location, access, quality of land, surrounding land uses, and zoning. The comparison included here is an estimate based on conversations with our realtor for Aviation Commerce Park. The value of the CI-1 zoned land is approximately $3.30 to $5.00/ square foot. This is based on the pending sale of one lot and interest in another lot that are the subject of the rezoning request and are dependent on this rezoning. The value of the CC-2 land is a little harder to estimate. We increased the value of the easterly lots in Aviation Commerce Park-North when the Wal-mart project was under consideration to approximately $6.001 square foot. This was based on analysis by a local appraiser who took into consideration Wal-mart acting as a retail anchor and magnet for the area. Without the anticipated presence of such a magnet, the value is diminished due to the lack of direct highway access and visibility to the CC-2 land. It is noteworthy that at the same time as we revalued the CC-2 land to $6.00/ square foot to reflect the presence of a large retail anchor, CI-1 land on the new Mormon Trek Boulevard sold for $12/ square foot. This is demonstrative of the importance location has to value versus zoning. To summarize, generally CI-1 land will have less value than CC-2 land. However, the location and attributes of the land may trump the zoning in determining value. Cc City Manager M~ ~-\::.. Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 ORDINANCE NO. 07-4254 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY .2 ACRES OF PROPERTY LOCATED WEST OF DIANA STREET AND SOUTH OF KIRKWOOD AVENUE, FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS.5) TO COMMERCIAL OFFICE (CO.1). (REZ06. 00027) WHEREAS, the applicant, MVL Properties, has requested a rezoning of property located west of 1016 and 1018 Diana Street and south of 521 Kirkwood Avenue; and WHEREAS, the property is currently zoned Low Density Single Family (RS-5); and WEREAS, the applicant is acquiring from the City of Iowa City a portion of vacated alley right-of-way adjacent to the CO-1 zone at 521 Kirkwood Avenue (currently the Lensing Funeral Home property); and WHEREAS, the applicant is acquiring the rear 39 feet of the residential lots at 1016 and 1018 Diana Street; and WHEREAS, these acquired properties will be added to the CO-1 property at 521 Kirkwood to create a rectangular lot; and WHEREAS, all property along Diana Street will remain zoned RS-5; and WHEREAS, the Comprehensive Plan indicates that the property to the east, north, and south of the subject property should continue to be developed for residential purpose; and WHEREAS, the Comprehensive Plan's discussion of the Central Planning District identifies Kirkwood Avenue as an area of particular concern with regard to the need to preserve existing neighborhood integrity; and WHEREAS, Iowa Code !l414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the applicant has agreed to develop the property in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city; and WHEREAS, all access for commercial traffic to and from the CO-1 property via the east-west alley connecting to Diana Street will be prohibited; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the property described below is hereby reclassified from its current zoning classification Low Density Single Family (RS-5) to Commercial Office (CO.1) is hereby approved: LEGAL DESCRIPTION Auditor Parcel 2006153: Beginning at the Southwest corner of Lot 3 of Block 6 of R. S. Lucas Addition to Iowa City as recorded in Deed Book 13 on page 580 in the office of the Johnson County Recorder; thence N 89057'22" E along the North line of a 20-foot alley running through said Block 6, a distance of 59.00 feet; thence S 00019'04" W, a distance of 73.01 feet; thence N89058'34" E, a distance of 41.45 feet; thence S 00019'04" W, a distance of 146.01 feet to a point on the South line of Auditor's Parcel 2004035 as is recorded in Book 47 on page 132 in the office of the Johnson County Recorder; thence N 890 53' 38" W along the South line of said Auditor's Parcel 2004035 a distance of 39.00 feet to a point on the West line of said 20-foot alley, being the Northeast corner of Lot 30 Highland Park Addition to Iowa City as is recorded in Book 6 on page 41 in the office of the Johnson County recorder and the Southeast corner of a Plat of Survey recorded in Book 4 on page 203 in the office of the Johnson County Recorder; thence N 00019'04" E along said West line, a distance of 152.82 feet to the point of beginning containing 8748.11 square feet and being subject to all easements and restrictions of record. Ordinance No. 07-4254 Page 2 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 conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owners and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, 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 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. c2:r"l~t:: M,"oh MAYOR -. ,20~. ATTEST: ~ 1(. ~ CI LERK APpr~ ~ City'Attome~ ;d/~7 ppdadmlordlrez07 -00027.doc Ordinance No. 07-4254 Page -L It was moved by Bailev and seconded by as read be adopted, and upon roll call there were: C.orreia that the Ordinance AYES: NAYS: ABSENT: Bailey x Champion Correia Elliott O'Donnell Vanderhoef . Wilburn x x x x x x First Consideration 2/20/2007 Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration 3/5/2007 Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn,Bailey. NAYS: None. ABSENT: Date published 3/28/2007 None. Prepared by Sarah Walz, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ06-00027) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and MVL Properties, LLC (hereinafter "Applicant"); and WHEREAS, Applicant is the legal title holder of approximately .2 acres of property located west of Diana Street and South of Kirkwood Avenue; and WHEREAS, the Applicant has requested the rezoning of said property from Low Density Single- Family Residential (RS-5) to Commercial Office (CO-1); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding no commercial traffic having access to the property via the east-west alley connection to Diana Street, the 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 Applicant acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property does not adversely affect the adjacent residential neighborhood to the east; and WHEREAS, Diana Street is a residential street and is not designed to serve commercial traffic; and WHEREAS, the east-west alley from Diana Street is located within the RS-5 zone, is designed for residential usage and is surrounded by residential properties; and WHEREAS, the neighboring residential property owners have expressed concern about increased traffic on Diana Street; and WHEREAS, the Comprehensive Plan indicates that the property to the east, north, and south of the subject property should continue to be developed for residential purpose; and WHEREAS, the Comprehensive Plan's discussion of the Central Planning District identifies Kirkwood Avenue as an area of particular concem with regard to the need to preserve existing neighborhood integrity; and WHEREAS, the Applicant agrees to develop this property in accordance with the terms and conditions of a conditional zoning agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. MVL Properties is the legal title holder of the property legally described as follows: Auditor Parcel 2006153: Beginning at the Southwest corner of Lot 3 of Block 6 of R. S. Lucas Addition to Iowa City as recorded in Deed Book 13 on page 580 in the office of the ppdadmtagUaa diana st .doc Johnson County Recorder; thence N 89'57'22" E along the North line of a 20-foot alley running through said Block 6, a distance of 59.00 feet; thence S 00'19'04" W, a distance of 73.01 feet; thence N89'58'34" E, a distance of 41.45 feet; thence S 00'19'04" W, a distance of 146.01 feet to a point on the South line of Auditor's Parcel 2004035 as is recorded in Book 47 on page 132 in the office of the Johnson County Recorder; thence N 89' 53' 38" W along the South line of said Auditor's Parcel 2004035 a distance of 39.00 feet to a point on the West line of said 20-foot alley, being the Northeast corner of Lot 30 Highland Park Addition to Iowa City as is recorded in Book 6 on page 41 in the office of the Johnson County recorder and the Southeast corner of a Plat of Survey recorded in Book 4 on page 203 in the office of the Johnson County Recorder; thence N 00'19'04" E along said West line, a distance of 152.82 feet to the point of beginning containing 8748.11 square feet and being subject to all easements and restrictions of record. 2. The Applicant acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code ~414.5 (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 prohibiting commercial traffic access to and from the property via the east-west alley connection to Diana Street. Therefore Applicant agrees to certain conditions over and above City regulations as detailed below. 3. In consideration of the City's rezoning the subject property, Applicant agrees that development of the subject property will conform to all other requirements of the zoning chapter, and that no commercial traffic will have access to the property via the east-west alley connection to Diana Street. 4. The Applicant and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code ~414.5 (2005), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Appli~nt from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. ppdadnYagtlcza diana st .doc 2 Dated this ...2.O..t:.b.. day of March , 20..ill..-, CITY OF IOWA CITY ~U~ Ross Wilburn, Mayor rY)L'~~C4~J<~ By: ~~, ~ <31fi.., Attest: ~clt6erk~-lA) By: Approved by: ~~r~ ;d/~{}7 City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this .10-;1..., day of M.,..,.c~ , 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 sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. t SONDRAE FORT 'J:. Commission Number 159791 . . My Commission s.....w.... ~."b Notary Public in and for the State of Iowa My commission expires: 3/'1 I~' ppdadmfagt/cza diana 51 .doc 3 LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this /fp+h--dayof kbru..a~ ' A.D. 20 Of , before me, the undersigned, a Notary Public in and for th State of Iowa, personally appeared m, chO'-el .;::r. Le-n.s J 'Lg) , to me J?ersonally known, who being by me duly sworn, did say that the person is l::J:<s.td-en.-f::; (title) of LenSIn..~ L.:h:L. , and that said instrument was signed on behalf of the said. limited . bility company by authority of its managers and the said rnic.lw-e.J a Lo?SJ/l-C{ acknowledged the execution of said instrument to be the voluntary act and deed of said limileElliability company by it voluntarily executed. ~L(/'e..- K ~.f.fI..e..- Notary Public in and for the State of Iowa My commission expires: ! V~\ ! \E K.. TUTTLE ~ }",,\~lc -:!:is~,;':<1~i',~C)Je!2?1B19 : "',L1': .iLjr57D:r-~- ppdadm'agUcza diana sl .doc 4 ~-1 . M~ "'- Prepared by: Drew E. Westberg. Planning Intern. PCD. 410 E. Washington Street. Iowa City. IA 52240; 319-356-5230 ORDINANCE NO. 07-42')') AN ORDINANCE CONDITIONAllY REZONING APPROXIMATlEY 1.03 ACRES OF PROPERTY lOCATED AT 1902 AND 1906 BROADWAY STREET, FROM COMMERCIAL OFFICE (CO-1) TO COMMUNITY COMMERCIAL (CC-2). (REZ06-00028) WHEREAS, the applicants, Southgate Development Company and Henry E. Nathanson, have requested a rezoning of property located at 1902 and 1906 Broadway Street from Commercial Office (CO-1) to Community Commercial (CC-2); and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it is appropriate provided that certain conditions addressing the need for an appropriate transition and buffer from the CC-2 zone to residential development; 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 applicants have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein. property described below is hereby reclassified from its current zoning designation of CO-1 to CC-2: Commencing at the Southwest corner of the "Boundary Survey and Site Plan", as recorded in Book 31, at Page 147, in the records of the Johnson County Recorder's Office; Thence S69'33'40"E, along the Southerly line of said "Boundary Survey and Site Plan", 7.00 feet, to a point on the Easterly Right-of-Way line of Broadway Street, in accordance with the Right-of-Way Acquisition Plat, as recorded in Book 3429, at Page 343, in the records of the Johnson County Recorder's Office, which is the POINT OF BEGINNING; Thence N03'32'00"E, along said Easterly Right-of-Way line,. 45.20 feet; Thence N08'35'00"E, along said Easterly Right-of-Way line, 55.00 feet; Thence N12'15'00"E, along said Easterly Right-of-Way line, in accordance with the Right-of-Way Acquisition Plat, as recorded in Book 3299, at Page 412, of the records of the Johnson County Recorde~s Office, 16.00 feet; Thence N20'OO'00"E, along said Easterly Right-of-Way line, 56.00 feet; Thence N17'30'00"E, along said Easterly Right-of-Way line, 38.00 feet; Thence N29'15'00"E, along said Easterly Right-of-Way line, 20.00 feet; Thence N40'OO'OO"E, along said Easterly Right-of-Way line, and its Northerly extension thereof, 30.31 feet; Thence S67'56'00"E, 159.36 feet; Thence Southeasterly, 16.23 feet, along an arc of a 3015.00 foot radius curve, concave Northeasterly, whose 16.23 foot chord bears S68'05'16"E; Thence S22'04'00"W, 250.34 feet, to a point on said Southerly line of "Boundary Survey and Site Plan"; Thence N69'33'40"W, along said Southerly line, 152.52 feet, to said POINT OF BEGINNING, containing 1.03 acre, and subject to easements 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 conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, 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 Owne~s expense, upon the final passage, approval and publication of this ordinance. as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Ordinance No. 07-47'i'i Page 2 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 20th day of March , 20~. (Z(~~ MAYOR . ATTEST:~ -k.~ C CLERK zJ/~107 Ordinance No. 07-4255 Page ----L It was moved by O'Donnell and seconded by Vanderhoef as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: x Bailey x Champion Correia Elliott O'Donnell Vanderhoef . Wilburn x x x x x First Consideration 2/20/2007 Vote for passage: AYES: Elliott, 0' Donnell, Vanderhoef, Wilburn, Champion. NAYS: Correia, Bailey. ABSENT: None. Second Consideration 3/512007 Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Champion. NAYS: BAileY, Correia. ABSENT; None. Date pUblished 3/28/2007 Prepared by: Drew E. Westberg, Planning Intern, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ06-00028) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Southgate Development Company and Henry E. Nathanson (hereinafter "Applicants"); WHEREAS, the Applicants are the legal title holders of approximately 1.03 acres of property located at 1902 and 1906 Broadway Street; and WHEREAS, the Applicants have requested a rezoning of property located at 1902 and 1906 Broadway Street from Commercial Office (CO-1) to Community Commercial (CC-2);;and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding addressing the need for a transition and buffer between CC-2 and residential development the rezoning is appropriate; 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 Applicants acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property provides for a transition and buffer between the existing residential and CC-2 zone; and WHEREAS, the Applicants agree to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Southgate Development Company and Henry E. Nathanson are the legal title holders of the property legally described as follows: Commencing at the Southwest corner of the "Boundary Survey and Site Plan", as recorded in Book 31, at Page 147, in the records of the Johnsol) County Recorder's Office; Thence S69033'40"E, along the Southerly line of said "Boundary Survey and Site Plan", 7.00 feet, to a point on the Easterly Right-of-Way line of Broadway Street, in accordance with the Right-of-Way Acquisition Plat, as recorded in Book 3429, at Page 343, in the records of the Johnson County Recorder's Office, which is the POINT OF BEGINNING; Thence N03032'00"E, along said Easterly Right-of-Way line, 45.20 feet; Thence N08035'00"E, along said Easterly Right-of-Way line, 55.00 feet; Thence N12015'00"E, along said Easterly Right-of-Way line, in accordance with the Right-of-Way Acquisition Plat, as recorded in Book 3299, at Page 412, of the records of the Johnson County Recorder's Office, 16.00 feet; Thence N20000'00''E, along said Easterly Right-of- Way line, 56.00 feet; Thence N17"30'00"E, along said Easterly Right-of-Way line, 38.00 feet; Thence N29015'00"E, along said Easterly Right-of-Way line, 20.00 feet; Thence N40000'00''E, along said Easterly Right-of-Way line, and its Northerly extension thereof, 30.31 feet; Thence S67056'00"E, 159.36 feet; Thence Southeasterly, 16.23 feet, along ppdadmlagVrez06-00028 conditional zoning agreement 1 an arc .of a 3015.00 feet radius curve, cencave Nertheasterly, whese 16.23 feet cherd bears S68005'16"E; Thence S22004'00'W, 250.34 feet, te a peint en said Seutherly line of "Boundary Survey and Site Plan"; Thence N69033'40'W, along said Southerly line, 152.52 feet, te said POINT OF BEGINNING, centaining 1.03 acre, and subject te easements and restrictiens .of recerd. 2. The Owners acknewledge that the City wishes te ensure cenformance te the principles .of the Cemprehensive Plan. Further, the parties acknewledge that lewa Cede S414.5 (2005) prevides that the City .of lewa City may impese reasenable cenditions en granting an applicant's rezening request, ever and abeve the existing reglJlatiens, in .order to satisfy public needs caused by the requested change. 3. In consideratien .of the City's rezening the subject preperty, Owners agrees that develepment .of the subject preperty will cenform te all ether requirements .of the zening chapter, as well as the fell .owing cenditiens: a. A substantial buffer area .of ne less than 35 feet will be established aleng the seuthern preperty line .of the parcel rezened te CC-2. This buffer must be screened te the S3 standard and include both a decerated masenry wall of a minimum five (5) feet in height lecated within the nerthern ten (10) feet of the buffer area with a dense planting .of decidueus and conifereus understery and everstery te the seuth .of the wall. b. Clesure .of the Hellyweed Beulevard vehicular access peint te the CO-1 preperty and use .of a shared vehicular access peint frem Breadway Street. c. A landscaped setback .of ne less than 20 feet aleng Breadway Street. d. A limit .of .one (1) free-standing sign lecated in the nerthwest corner .of the property. Ne building signs en the seuth and east sides facing the residential development. Other fascia and menument signs are permitted as per the cede. e. S3 screening will be provided aleng the eastern and southern property lines of the CO-1 parcel .or alternatively aleng the eastern preperty line .of the CC-2 parcel. f. Any building .or structure including canepies sheuld be .of a quality design apprepriate for preperty abutting a residential neighberheed, including features such as stene and masenry materials, standing seam metal roefs, and muted celers. The Directer .of Planning and Cemmunity Develepment shall appreve the design .of buildings as well as asseciated structures and facilities. 4. The Owners and City acknewledge that the cenditiens centained herein are reasenable cenditiens te impese en the land under lewa Cede S414.5 (2005), and that said cenditiens satisfy public needs that are caused by the requested zening change. 5. The Owners and City acknewledge that in the event the subject preperty is transferred, seld, redeveleped, .or subdivided, all redevelepment will cenferm with the terms .of this Cenditienal Zening Agreement. ' 6. The parties acknewledge that this Cenditienal Zening Agreement shall be deemed te be a cevenant running with the land and with title te the land, and shall remain in full ferce and effect as a cevenant with title tethe land, unless .or until released of recerd by the City .of lewa City. ppdadmlagt/rezOO-ClOO28 conditional zoning agreement 2 The parties further acknowledge that this agreement shall inure to th,e benefit of and bind all successors, representatives, and assigns of the parties, 7, The Owners acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 20 th day of March , 20...!lL-. CITY OF IOWA CITY G?~( _ ) !~. Ross Wilburn, Mayor - ~A)iL "'" N~1It r €: N_H..,..,ul1 Attest: ~~~,) cl(. cK/?J.AJ Mari K. Karr, City Clerk ~ if/ht-i-LhJ By: -r;;.,'esC<. ;rle n'() "')J 11((. e.. Pre~ ,'derz..T Approved by: ~~ ;4/~7 t y ttorney's ffice CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) . -f/... On thiS dO day of MAt-C:M , A.D. 2007 . before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed, .~~ Fwb Notary Public in and for the State of Iowa My commission expires: 3(7/';;'001 ppdadmlagUrez06.QOO28 conditional zoning agreement 3 SOUTHGATE DEVELOPMENT COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ;?()TEday of ~tr4~ ' A.D. 20~, before me, the undersigned, a Notary Public in and for the State of 10 a, personally appeared it ,--eS"L /'n o".o.;;J and . , to me personally known, who, being by me duly sworn, did say that the~~a';>e the \J i (e Pv-esi'd-en-J and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (lIl*l- sealed) on behalf of (the seal affixed thereto is he seal pf said) said corporation by authority of its Board of Directors; and that the said r d en and as- such officerll acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~..\AL ~ MARY E. COOPER f1;;;..' r. COMM'SSION NO. 735701 . ~. MY COMMISSION EXPIRES IOWA ., -:l c- . 015" ~in~~~~ County and State HENRY E. NATHANSON ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ;).a~ day of ~l1r"''''Y ~ ' 2ofl, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Henr't. €. NofJtIJVllidYf ' to me known to be the identical person~ named in an who executed the within and foregoing instrument, and acknowledged that (he/she/thev) executed the same as (his/her/their) voluntary act and deed. ""'AL~ (~~ IOW~ MARY E. COOPER COMM!SSION NO. 735701 MY COMMISSION EXPIRES ., - ~c. 'C'il' ~~~~~tate of Iowa My commission expires: i. ;l. <. - 0 ~ ppdadmlagtJrez06-0002B conditional zoning agreement 4 ~ ~ Iowa City, Iowa 52240-5960 March 6, 2007 The Iowa City City Council ~.. r-, ~-.~:;' '-!. c:;.., ....., City Hall - 410 East Washington Street 11 , Iowa City, c) ~- < '1"'"'1 Iowa 52240 ; j ---I ~.. ) ',..J ,~ N Dear Members of the Council: 5> (Jl 0> First of all, please accept my thanks for your willingness to serve the citizens of our city by spending your time, thinking, and acting on matters important to us as a community. Let me make a request that is related to the communal health and well- being of our city and its people; as we all know, housing for lower income families is always a challenge in any community, including our own; on that basis, let me ask the members of the council to keep the present zoning of the area where the Coronet Apartments were built, and now to be removed. My thinking is that if that area is zoned for commercial for a restaurant, that would eliminate the possibility of replacing the Coronet complex with other low cost apartments for the many lower income families that we have. If that area were kept as zoned now, the Council could actually take an active role in encouraging developers to build housing for low income families, and thus be a positive move on the city's part to help lower income folks. Thank you for considering this possibility. Sincefely, a fl. .. L J. LJ_. -' {i/ld '~ Carl Beyerhelm 1721 Grantwood Drive 354-8584 Cc- '. feD C!J Prepared by: Kevin O'Malley, Director of Finance, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5053 ORDINANCE NO. ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 3-4-5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES. WHEREAS, pursuant to Chapter 384, Code of Iowa (2005), the City of Iowa City provides certain solid waste collection and disposal services; and WHEREAS, it is in the public interest to increase certain fees and charges associated with said solid waste collection and disposal services; and WHEREAS, the Iowa City City Council proposes to increase residential solid waste collection fees by approximately 8% for billing on or after July 1, 2007, to adequately finance operational costs; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the Iowa City Code is hereby amended by: Changing the charge for residential solid waste collection from $13.00 to $14.00 per dwelling unit, and 2 rooming units, per month; and from $9.90 minimum to $10.40 minimum for solid waste; and curbside recycling from $3.10 per unit to $3.60 per unit. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be 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 July 1, 2007. Passed and approved this _ day of ,20 . MAYOR ATTEST: CITY CLERK App-roved by /" ~ 5/~/o'1 City Attorney's Office finadm'ordIfeeincrease-sv.<l7.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 3 /20 / '2 00 7 Vote for passage: AYES: 0' Donnell, Vanderhoef, Wilburn, Bailey, Correia, Elliott. NAYS: None. ABSENT: Champion Second Consideration Vote for passage: Date published ----..-..--.-....-.----.----------- .. -_.__.__._-~..._..._,---~----_._._-'_._---------.._--------.- /'/:~L,; I Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. 07-4256 ORDINANCE AMENDING TITLE 16, ENTITLED "PUBLIC WORKS," CHAPTER 3, ENTITLED "CITY UTILITIES," ARTICLE A, ENTITLED "GENERAL PROVISIONS," BY AMENDING SECTION 5 TO ALLOW FOR DEPOSITS TO BE BILLED INSTEAD OF PAID IN ADVANCE WITH PROPER PAYMENT HISTORY. WHEREAS, the Department of Finance of the City of Iowa City has begun receiving applications for water service accounts, wastewater accounts, and/or residential solid waste collection accounts over the phone, and will soon be able to receive such applications via the City's website; and WHEREAS, the Department of Finance wishes to be able to bill prospective account holders, with the exception of persons who previously have been required to post delinquency accounts with the City, for any required deposits instead of requiring deposits upfront; and WHEREAS, the process of implementing the City Code provision requiring a person establishing a City utility account to execute a written agreement and the implementation of a record retention system for said agreements is time-consuming and expensive, and should be repealed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 16, entitled "Public Works," Chapter 3, entitled "City Utilities," Article A, entitled "General Provisions," Section 5, entitled "Establishing City Utility Accounts; Deposits Required," is hereby amended by deleting Paragraph A in its entirety and by substituting in its place the following new Paragraph A: Upon establishing a water service account, a wastewater account and/or a residential solid waste collection account with the city, the person establishing an account, with the exception of a residential owner account, shall be required to make a combined account deposit for city services. The amount of this deposit shall be as provided in the schedule of fees, Title 3, Chapter 4 of this code. Persons who have previously been required to post a delinquent deposit shall be required to make a combined and/or delinquent deposit before city services are provided. SECTION II. AMENDMENTS. Title 16, entitled "Public Works," Chapter 3, entitled "City Utilities," Article A, entitled "General Provisions," Section 5, entitled "Establishing City Utility Accounts; Deposits Required," is hereby amended by deleting Paragraph C in its entirety and by substituting in its place the following new Paragraph C: Upon reestablishing one or more accounts as set forth in subsection A of this section, the person establishing the account(s) shall be required to make an account deposit for city services. The amount of the deposit shall be as established in the schedule of fees, Title 3, Chapter 4 of this code. Persons who have previously been required to post a delinquent deposit shall be required to make a combined and/or delinquent deposit before city services are provided SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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, as provided by law. P(j2d approved this ~daY of .) ~ (A. ) t\...r- MAYOR - March ,2007. --.. ATTEST ??Je~ ~ '7f/~ CIT . LERK Approved by / " d-~;;:7 City Attorney's Office Ordinance No. 07-4256 Page ~ It was moved by Bailey and seconded by Vanderhoef as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: x Bailey x Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x x x First Consideration 2/20/2007 Vote for passage: AYES: Correia, Elliott, 0' Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration 3/5/2007 Vote for passage: AYES: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: None. Date published 3/28/2007