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HomeMy WebLinkAbout2007-07-10 Ordinance IT] Prepared by: Adam Ralston, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 2.35 ACRES OF PROPERTY LOCATED AT 802 S. CLINTON STREET FROM INTENSIVE COMMERCIAL (CI-1) ZONE TO NEIGHBORHOOD PUBLIC (P-1) ZONE. (REZ07 -00009) WHEREAS. the applicant, Johnson County, has requested a rezoning of property located at 802 South Clinton Street from Intensive Commercial (CI-1) to Neighborhood Public (P-1); and WHEREAS, the Iowa City Zoning Code requires that all publicly owned land be zoned public; and WHEREAS, the applicant's proposed use of said property for office space is compatible with surrounding land uses; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from its current zoning classification of Intensive Commercial (CI-1) to Neighborhood Public (P-1) is hereby approved: The city block lying adjacent to and east of South Clinton Street, adjacent to and west of South Dubuque Street, and adjacent to and north of Benton Street, more particularly described as: Block 27, plat of an Addition of lots to Iowa City, as laid off as the County Seat of Johnson County, laid off by F.H. Lee, County Agent, June 20, 1842, according to the plat thereof recorded in Book 1 & 2, Page 301. Deed Records of Johnson County, Iowa, including all of Lots 1 through 8 of said block 27 and the Vacated Alley described in Book 4059, Page 585 of the Records of the Johnson County Recorder. 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. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage. approval and publication of this ordinance, as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. 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. Passed and approved this _ day of , 20_. MAYOR ATTEST: CITY CLERK APPro,d. bY. // _ \/:ar~~~~ City Attorney's Office (/J /::z/ /0-7 Ordinance No. Page _ It was moved by and seconded by as read be adopted. and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration 7 /l0/2007 Vote for passage: AYES: Bailey, Champion, Elliott, O'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: None. ABSTAIN: Correia Second Consideration Vote for passage: Date published .if '/;1/ STAFF REPORT To: Planning & Zoning Commission Prepared by: Adam Ralston, Planning Intern Item: REZ07-00009 Date: June 7,2007 GENERAL INFORMATION Applicant: Johnson County 913 S. Dubuque St Iowa City, IA 52240 Contact Person: Andy Chappell P.O. Box 2450 Iowa City, IA 52244 Phone: (319) 339-6100 Requested Action: Rezoning from CI-1 to P-1 Purpose: To provide reference and notice of publicly owned land. Location: 802 S. Clinton St. Size: Approximately 2.35 acres Existing Land Use and Zoning: Intensive Commercial (CI-1) Surrounding Land Use and Zoning: North: South: East: West: University/Commercial P-2/CI-1 County P-1 University/Commercial P-1/CI-1 Commercialllndustrial CI-1/1-1 Comprehensive Plan: Intensive Commercial File Date: May 10, 2007 45 Day Limitation Period: June 24, 2007 BACKGROUND INFORMATION The applicant, Johnson County, is requesting a rezoning from Intensive Commercial (CI-1) to Neighborhood. Public (P-1) for recently acquired property located at 802 S. Clinton St. Section 14- 2F-1 of The Iowa City Zoning Code requires that all publicly held property be zoned Public (P-1 or P-2) to provide reference and notice to surrounding landowners of public ownership and use of land. 2 ANAL YSIS This property was most recently used for commercial purposes, including Hawkeye Lumber Company, and several small businesses. The current state of this property is vacant land as all structures previously on this property have been cleared. The county intends to use the land for an expansion of the offices it currently has on nearby property to create a campus of county administration offices in the area. The City recently vacated the alley in the center of the block to facilitate redevelopment of this block. The Neighborhood Public (P-1) zone is intended to provide notice to those owning or buying land near land owned and used by the County, City of Iowa City, or the Iowa City Community School District. Uses within a P-1 zone are subject to development standards that create a smooth transition between public and private uses. Section 14-2F-1 of The Iowa City Zoning Code lists these development standards which include parking and landscaping requirements, among others. The County will need to adhere to these standards at the time it submits a site plan. STAFF RECOMMENDATION Staff recommends that, REl07-00009, an application for the rezoning of approximately 2.35 acres of property located at 802 S. Clinton St. from Intensive Commercial (CI-1) to Neighborhood Public (P-1) be approved. (d;:;:... . /,' . / ~// Approved by: - .-~~A444- Karen Howard, Associat Planner, Department of Planning and Community Development ~ Prepared by: Adam Ralston, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF COURT STREET RIGHT-OF-WAY BETWEEN CLINTON STREET AND CAPITOL STREET. (VAC07-00003) WHEREAS, the applicant, Jeff Clark, has requested a vacation of a portion of the Court Street right-of- way; and WHEREAS, the Planning and Zoning Commission has found that the portion of Court Street in question serves no public purpose, other than for underground utilities, and is not likely to do so in the future; and WHEREAS; the Planning and Zoning Commission has recommended approval of the requested vacation, subject to retention of a utility easement; and WHEREAS; the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The property described below is hereby vacated by the City of Iowa City, subject to retention of a utility easement: Beginning at the Southwest comer of Lot 4, Block 101 of the Original Town of Iowa City according to plat thereof, recorded in Plat Book 1 at page 116 in the records of the Johnson County Recorder; thence N89013'20"E, along the South line of said Block 101, a distance of 50.01 feet; thence SOOo47'25"E, 3.13 feet; thence S89013'20"W, 50.01 feet; thence NOOo44'57"W, 3.13 feet to the point of beginning, containing 0.004 acre (156 square feet) and is subject to easements and restrictions of record. 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 in effect after its final passage, approval and publication, as provided by law. Passed and approved this _ day of , 20_. MAYOR ATTEST: CITY CLERK ZbY '?U~ 5f.4-?(u~e:t/ City Attorney's Office /7, /' _ /.. ({/ / o:? /,/ (77 wpdatalppdadmlordlvaC07 -OOO03.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 7/10/2007 Vote for passage: AYES: Champion, Correia, Elliott, 0' Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published ffl j .r '1' STAFF REPORT To: Planning & Zoning Commission Prepared by: Adam Ralston, Planning Intern Item: VAC07-00003 Court Street west of Clinton Street Date: June 7,2007 GENERAL INFORMATION: Applicant: Jeff Clark 414 E. Market St Iowa City, IA 52245 Phone: (319) 631-1867 Contact Person: Jeff Clark Requested Action: Vacation of 156 square feet of right-of-way along Court Street in exchange for nearby land of equal size Purpose: To create a consistent right-of-way line Location: North side of Court Street west of Clinton Street Surrounding Land Use and Zoning: North: Residential/Commercial (RM-44/CB-5) South: County (P-1) East: Residential (RM-44) West: Commercial (CB-5) File Date: May 14, 2007 BACKGROUND INFORMATION: The applicant, Jeff Clark, is requesting the vacation of 156 square feet of the Court Street right-of- way west of Clinton Street. If vacated, the property would be acquired from the City and would be added to the property currently owned by the applicant. In exchange, the applicant would convey to the City a piece of land along Court Street of equal size to the land being vacated. Currently, the right-of-way line along this portion of Court Street has a jog mid-block. The applicant is requesting this action in order to create a consistent right-of-way line along the north side of Court Street in order to facilitate development. The proposed development is to be a mixed-use development including both commercial and residential aspects. ANAL YSIS: Requests for vacation of right-of-way are reviewed with regard to the following factors: 1) impact on pedestrian and vehicular access and circulation; 2) impact on emergency and utility vehicle access and circulation; 3) impact on access of adjacent private properties; 4) desirability of right-of-way for access or circulation needs; 5) location of utilities and other easements or restrictions on the property; and 6) any other relevant factors pertaining to the specific requested vacation. 2 Vacation of this piece of right-of-way will not have a negative effect on vehicular access or circulation, access for emergency or utility vehicles, or access to adjacent properties, because it merely straightens the right-of-way line along Court Street. Private utilities have been contacted and asked to identify any utilities currently on-site. If the right-of-way is vacated, easements will need to be granted for any utilities that may exist, or alternatively, the utilities would need to be relocated. Vacation of said right-of-way benefits both the landowner and the City. The landowner wishes to create a consistent right-of-way line in order to facilitate development. Vacation will create a consistent right-of-way, making it easier to establish consistent and logical building setbacks along the Court Street frontage. The City benefits from this action in that it gains a piece of land along Court Street to straighten out the jog in right-of-way, making it easier to establish public streetscape elements within the right-of-way. STAFF RECOMMENDATION: Staff recommends that VAC07-00003, a request to vacate a portion of right-of-way located on the north side of Court Street west of Clinton Street, be approved subject to the retention of any necessary utility easements. ATTACHMENTS: Location Map .....'.. /. /1 ~ I' Approved by: ~~~'. -' -/ W /~j// Karen Howard, Associate Planner, Department of Planning and Community Development ~ - / 5 - - - - - - - - ~- ~< - - - - - V ACO? -00003 CITY OF 10 WA CITY - P1 I I P2 ~ BU - CB~ f- --- (J) - z - - 0 R 44 - - f- Z - ~ U / ~e vacated ~/ // - << < - - - IP 2 - - f fi c e - SITE LOCATION: Court Street right of way M M II CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsultants.net 5761 CST. SW SUITE D CEDAR RAPIDS, IOWA 52404 (319) 841-5188 ~ Revision PLAT OF SURVEY AUDITOR'S PARCEL 2007060 A PORTION OF THE NE 1/4 NW 1/4 OF SEC, j~m~R~W OrTHE om P,M" IOWA CITY JOHNSON COUNTY, IOWA MMS CONSULTANTS, INC. Date, 4/30/2007 Designed by, Field Book No: JEL 812 DrOI--ln by' Sc.ole, MAS 1"-30' Checked by, Sheet No: JEL 1 Pro Jec.t No: Ie 7389-004 of: 1 PLAT OF SURVEY AUDITOR'S PARCEL 2007060 TO THE CITY OF IOWA CITY JOHNSON COUNTY, IOWA LEGAL QJi;SCRIPTION A PORTION OF THE NORTHEAST ONE.QUARTER OF THE NORTHWEST ONE.QUARTER OF SECTION IS, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE STIl PRINCIPAL MERIDIAN, JOHNSON COUNTY, lOW A, MORE PARTICULARLY DESCRIBED AS FOLLOWS 319)351-8282 917 S. GILBERT ST. IOWA CITY, IOWA 52240 -MMS CONSULTANTS, INC. E--< ~ ~' ~I rn' z! ~I z, 21 , m\ I I 1 I 1 I 1 _______________________l~ ------ E. COURT STREET ~~~~w 5/8~0 PIN WITH TCA~3917 _ ~I " A l0oJW110J/} iiO ~~(;~ \~~ (;\\'-i, \0\'('!.~'-- '\OtJ \ r ~0e \\0 \O'f'.- I r'--~'\ 'f)O(}0. , :I I"-\\'Y-,,\\(J;'\0 \IJ'I'I" 1/\\'< 0-" 'i' "eft:. AOAI b en ex" ",&,00'-. sa9'3'io~w 50.01:CM) l4 50'(R) AUDITOR'S PARCEL 2007060 COMMENCING AT THE SOUTHEAST CORNER OF LOT 4, BLOCK 101 OF THE ORIGINAL TOWN OF IOWA CITY ACCORDING TO PLAT THEREOF, RECORDED IN PLAT BOOK 1 AT PAGE 116IN THE RECORDS OF TIlE JOHNSON COUNTY RECORDER; THENCE SOoo42'04"E, ALONG THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID BLOCK 1 01, A DISTANCE OF 305 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING Sooo42'04"E, ALONG SAID SOUTHERLY EXTENDED EAST LINE, 135 FEET; THENCE S88059'30''W, 100.79 FEET; THENCE NOOO4T25"W, US FEET; TIlENCE N89013'20''E, 100.79 FEET TO THE POINT OF BEGINNING, CONTAINING 0.004 ACRE (1S6 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRlCDONS OF RECORD (R) (M) C22- NOTED OTHERWISE. o --------- --------~ ------ - - -- LEGEND ~ Ii /'" . o I I I 1 I , I 00.00' I I , I I 1 1 1 I I 1 , I 1 I 1 FOU", 5/84 , I \ I~ I" I~ < \- I~ 1 1 \ PROPRIETOR: UNIVERSITY VIEW PARTNERS SURVEY REQUESTED BY: JEFF CLARK DATE OF SURVEY: SEPTEMBER 18, 20G6 TABLE "BEARING ~E ~ ~ ~ \otJ~ LiNE SEGMENT LiNE I LENGTH IT 3,05' L2 US' L3 US' IT I'1Y' 'IlIJI ~.N :rE: W'H1 ~ I;HI_ I' o 3 15 30 I GRAPHIC SCALE IN FEET 1"=30' II tu",~X >-- ~ .....:l .....:l <t: mel"lt wos prepored clnd e or under my direct licensed land Surve)'Or UNLES J PONT OF BEGIIN'lQ L2 588.59'30~W 20_ 67 20 AUDITOR'S PARCEL 2007060 AREA = 0.004 ACRE (156 SQ, FT.) CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIAlJSTS M M II 1917 S, GILBERT ST. IOWA CITY. IOWA 52240 (319) 351-8282 www.mmsconsultants.net 5761 CST, SW SUITE D CEDAR RAPIDS, IOWA 52404 (319) 841-5188 PLAT OF SURVEY AUDITOR'S PARCEL 200706l A PORTION OF THE NE 1/4 NW 1/4 SEC. ls.mN-R6W OF THE 5TH P,M. IOWA CITY JOHNSON COUNTY, IOWA MMS CONSULTANTS, INC. - Dale, Oe.lgned by, Field 6o0k No: JEL 812 Dra~n by: Sc.ale: MAS 1'=30' C.heG"ed by'JEL Sheet No: 1 Pro Jed No: IC 7389-004 of: 1 Revision Date 4/30/2007 PLAT OF SURVEY AUDITOR'S PARCEL 2007061 TO THE CITY OF IOWA CITY JOHNSON COUNTY, IOWA .,EGAL DE;SCRIPTION A PORTION OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 15, TOWNSHIP 79 NORTH, RA"GE 6 WEST OF THE 5'" PRINCIPAL MERIDIAN, JOHNSON COUNTY, lOW A, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS 319)351 -8282 AUDITOR'S PARCEL 2007061 BEGINNING AT THE SOUTHWEST CORNER OF LOT 4, BLOCK 101 OF THE ORIGINAL TOWN OF IOWA CITY ACCORDING TO PLAT THEREOF, RECORDED IN PLAT BOOK I AT PAGE 116 IN THE RECORDS OF TIfE JOHNSON COUNTY RECORDER; THENCE N89013'20"E, ALONG THE SOUTH LINE OF SAID BLOCK 101, A DISTANCE OF 50.01 FEET; TIfENCE SOoo47'25"E, 3.13 FEET; THE\lCE S890I)'20"W, 50.01 FEET; THENCE NOOo44'5T'W, 3_13 FEET TO THE POINT OF BEGINNING, CONTAINING 0.004 ACRE (156 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD AND NOTES CONGRESSIONAL CORNER, FOUND CONGRESSIONAL CORNER, REEST ABUSHED CONGRESSIONAL CORNER, RECORDED LOCA nON PROPERTY CORNER(S), FOUND (os noted) PROPERTY CORNERS SET (5/8" Iron Pin w/ yellow, plastic L5 Cop embossed with "MMS" ) CUT .X" PROPERTY &/or BOUNDARY LINES CONGRESSIONAL SECTION LINES RIGHT-Of-WAY LINES CENTER LINES LOT LINES, INTERNAL LOT LINES, PLATTED OR BY DEED EASEMENT LINES, WIDTH & PURPOSE NOTED EXISTING EASEMENT LINES, PURPOSE NOTED RECORDED DIMENSIONS MEASURED DIMENSIONS CURVE SEGMENT NUMBER LEGEN 0 & lJ, to . o ---------- --------- ------- - - -- UNLESS NOITO OTHERWISE. All DIMENSIONS ARE IN FEET AND HUNDREDTHS - I hereby certify that Ihis land sur~ying document was prepared and the related survey work was performed by me or under my direc::t \\mlllilll personal supervision and that J om a duly licensed Land Surve~r ~ under the lOwS of the Stale of Iowa. \lIO~ 20_ JCHl J....MES E. LICHTY, L.S. lowo lIc. No. 1.3287 1328: ~y license renewal dote is December .:51,20_ iOiii Po, '11111I111I1 " cavered by this seal SEAl (R) (M) C22- 1 I 1 I 1 I I I 1 I I I I I 1 I I I I _____________________1_ E. COURT STREET E--< ~ ~ P::: E--< ifl o z o E--< Z >--I r--::I U ifl I I I I I 1 I I 1 I f 1 I I 1 1 I I I I 5/89 1 \{)tJ (\ : 1m 1<.0 -....J ,~ 0 u--' ig~ 1 I 1 5/8'=3 OWA CITY, IOWA 52240 ST. 917 S. GILBERT NO. -MMS CONSULTANTS, I 1 I I I 1 I OOOO'(R 2006 IB PROPRIETOR: CITY OF IOWA CITY SURVEY REQUESTED BY: RICK FOSSE DATE OF SURVEY, SEPTEMBER W ~.N 'E A~~ ~ IHI= I o 3 15 30 I GRAPHIC SCALE IN FEET 1"=30' LINE SEGMENT TABLE LINE I LENGTH I BEARING IT 3.13" ~E C2 I1Y ~ FOUND FOUND S/B"1ll PIN WITH 100'(R) fW CAP NO. 3917_ 10091'(M J) I (}J\\\ 10') 01 A (00V(,. \0\ v\li, l;l \..- ~\..- ex- \Ot-! f'. (. \\0 '" I I 0\1'10 \ Y' (\0 ,\oN0 0\2-\0\~(\\..- (\1 ~O(}f-- ~~, i'l::-~OAI I Y'\..- f\ 1)''\ '/J rN "get. \~t.t.() ~o(]!-- 50'(R) 49.96'(M) FNO c~ g 'I" ~ o o R >-< i::i:I .....:i .....:i <C 100.80'(M) 100'(R) FOUND - - fOUND SPIKE '<\'lTH RIBBON [, 50'(R) AUDITOR'S PARCEL 2007061 AREA = 0.004 ACRE (156 SQ. FT.) \b. ~ +~\+/<i' _ \b. ",," -+~.... ....<-,{-- c,~~' 2: 05: 3B PM COT 5/3/2007 G: \7300\ 7 389004 \ 7389004S2. dwg I ~ ! ~~=-_IlIt... f~(2SJ!:~ ~ "aD,' -"'I:'" CITY OF IOWA CITY MEMORANDUM Date: June 7, 2007 To: Planning and Zoning Commission From: Adam Ralston, Planning Intern Re: VAC07-00003 Utility companies were contacted and notified of the possibility of land transfer regarding item V AC07 -00003 and were asked to identify any utilities located in the area by June 7. As of June 7, one company, MidAmerican Energy, has notified planning staff that it has utilities in the land the applicant has requested the City vacate. If the right-of-way is vacated by the City, an easement will need to be granted for the MidAmerican utilities, or alternatively, the utilities would need to be relocated. The ordinance for this item would address this matter. CITY OF IOWA CITY ~ - - J 2 C 1 1 L I - -- LAFAYETTE Sl / - == = / = ~ - 11 ~ l- V) - wi => a => I : OJ ~ => o I ~ :F - - BENTON - --- - -- -) ---- - ~ ) :~ 11 \ P" );, - SITE LOCATION: 802 S. Clinton Street REZ07 -00009 City of Iowa City MEMORANDUM ~ ~ July 3, 2007 To: City Council From: Karen Howard, Associate Planner Re: Whispering Meadows, Part 4 Following is a summary of the outstanding issues with regard to the rezoning and subdivision of Whispering Meadows, Part 4. Extending Whispering Meadows Drive - Staff and the Planning and Zoning Commission are recommending that the developer be responsible for extending Whispering Meadows Drive to the western edge of the Sycamore Greenway. The applicant has proposed to extend the road to the western edge of their property, but feels that extending the roadway across the Greenway should be the City's responsibility. Staff and the Commission find that the need for this connection is directly linked to the traffic that will be generated by the future development of Whispering Meadows, Part 4. If an additional east-west collector street connection to Sycamore Street is not provided for with Whispering Meadows, Part 4, the proposed development will add an estimated 850 vehicle trips per day to Lakeside Drive, a street for which there have already been neighborhood complaints about the level of traffic being funneled past Grant Wood Elementary School. Staff estimates that the proposed disturbance of a significant portion of the sensitive features on the site (wetlands, woodlands, and stream corridor) and the proposed upzoning to RS-12 will approximately double the number of developable lots on the property. Therefore, as a condition of approval, the Commission and the staff recommend that the developer, rather than city taxpayers, bear the cost of making this necessary connection across the Sycamore Greenway to the adjacent subdivision. Housing Affordability - At the previous City Council meeting the applicant cited a desire to maintain the affordability of the proposed housing units as a reason that the City should pay to construct the road across the Greenway. In response, it was suggested that if the City agreed to pay for this street extension, the developer should guarantee that a certain percentage of the units be maintained as affordable. If the Council decides to 00 in this direction. the rezonino reQuests should be deferred in order to work out the details of this affordabilitv reQuirement. Neighborhood Open Space - The developer has indicated interest is dedicating a portion of Outlot A to satisfy their neighborhood open space requirement. The Planning and Zoning Commission feel that a portion of the woodland that directly abuts the Sycamore Greenway would be desirable as public open space. The Parks and Recreation Commission recommends against acceptance of this land due to the amount of work that would be necessary to clear underbrush, debris and dead trees that may be a hazard to the public. The Parks and Recreation Commission recommends acceptance of Outlot C to provide a neighborhood link to the Greenway trail, but recommends fees in lieu of land dedication for the remainder of the neighborhood open space obligation. CC: Steve Atkins Jeff Davidson Bob Miklo JHjp~ I It Uvr {D 11-1 Lt" c__ Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 15.42 ACRES OF LAND LOCATED SOUTH AND WEST OF WHISPERING MEADOWS DRIVE FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS-8) TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS-12) (REZ006-00025) WHEREAS, the applicant, MBHG Investment Co., Inc., has requested a rezoning of property located South and West of Whispering Meadows Drive from Medium Density Single Family Residential (RS-8) to High Density Single Family Residential (RS-12); and WHEREAS, the Comprehensive Plan indicates that this area is appropriate for duplex and small lot single family residential development; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for adequate secondary access and street connectivity between neighborhoods; and WHEREAS, Iowa Code ~414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant 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 RS-8 to RS-12: LEGAL DESCRIPTION COMMENCING AT THE NORTHEAST CORNER OF AUDITOR'S PARCEL 2003100, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 46, AT PAGE 155, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SOoo02'42"W, ALONG THE EAST LINE OF SAID AUDITORS PARCEL 2003100, A DISTANCE OF 127.00 FEET; THENCE N89057'18"W ALONG SAID EAST LINE, 12.29 FEET; THENCE SOoo02'42"W ALONG EAST LINE 33.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOoo02'42"W ALONG SAID EAST LINE, 170.50 FEET; THENCE S89057'18"E ALONG SAID EAST LINE, 298.23 FEET; THENCE SOoo02'42"W ALONG SAID EAST LINE, 137.50 FEET; THENCE N89057'18"W ALONG SAID EAST LINE, 20.00 FEET; THENCE SOoo02'42"W ALONG SAID EAST LINE, 175.00 FEET; THENCE S05044'59"E ALONG SAID EAST LINE, 159.34 FEET; THENCE S16040'29"W ALONG SAID EAST LINE, 114.86 FEET; THENCE S01 o38'48"E ALONG SAID EAST LINE, 8.20 FEET; THENCE N88029'50"W, 111.79 FEET; THENCE S78051'22"W, 236.93 FEET; THENCE S89033'59"W, 584.90 FEET; THENCE NOoo26'01"W, 270.88 FEET; THENCE N35027'47"E, 54.47 FEET; THENCE N16003'10"E, 215.73 FEET; THENCE NOoo02'42"E, 292.17 FEET; THENCE S89057'18"E, 433.17 FEET; THENCE SOUTHEASTERLY, 22.80 FEET, ALONG THE ARC OF A 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 22.79 FOOT CHORD BEARS S88019'20"E; THENCE S86041'22"E, 100.00 FEET; THENCE SOUTHEASTERLY 22.80 FEET ALONG THE ARC OF A 400.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 22.79 FOOT CHORD BEARS S88019'20"E TO THE POINT OF BEGINNING, CONTAINING 15.42 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Ordinance No. 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 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 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. Passed and approved this _ day of , 20 . MAYOR ATTEST: CITY CLERK Approved by /4 tt--J; ~--;t7-;?~*,~ I;} (;2cf7) '7 City Attorney's Office {/ Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ06-00025) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Barker Development Co. (hereinafter "Owner"), and MBHG Investment Co., Inc. (hereinafter "Applicant"); WHEREAS, Owner is the legal title holder of approximately 15.42 acres of property located south and west of Whispering Meadows Drive; and WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property from Medium Density Single Family Residential (RS-8) to High Density Single Family Residential (RS-12); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding adequate secondary access and street connectivity between neighborhoods, the zoning is in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code 9414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need to provide for safe and adequate traffic circulation between neighborhoods, to ensure that streets are not overburdened with traffic, and to provide for efficient provision of public and emergency services; and WHEREAS, the Owner and Applicant acknowledge that the increased development that will result due to the requested up-zoning of the subject property will make it necessary to construct off-site improvements, namely extension of Whispering Meadows Drive, a collector street, across the abutting public property (Sycamore Greenway) to provide necessary secondary access to relieve traffic congestion on Lakeside Drive, a collector street, which would otherwise be overburdened with traffic generated by the proposed development; WHEREAS, the Owner and Applicant 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. Barker Development Co. is the legal title holder of the property legally described as follows: COMMENCING AT THE NORTHEAST CORNER OF AUDITOR'S PARCEL 2003100, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 46, AT PAGE 155, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SOoo02'42'W, ALONG THE EAST LINE OF SAID AUDITORS PARCEL 2003100, A DISTANCE OF 127.00 FEET; THENCE N89057'18'W ALONG SAID EAST LINE, 12.29 FEET; THENCE SOoo02'42'W ALONG EAST LINE ppdadmlagVrez06-OOO25 cza (3) 1 33.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOoo02'42'W ALONG SAID EAST LINE, 170.50 FEET; THENCE S89057'18"E ALONG SAID EAST LINE, 298.23 FEET; THENCE SOoo02'42'W ALONG SAID EAST LINE, 137.50 FEET; THENCE N89057'18'W ALONG SAID EAST LINE, 20.00 FEET; THENCE SOoo02'42'W ALONG SAID EAST LINE, 175.00 FEET; THENCE S05044'59"E ALONG SAID EAST LINE, 159.34 FEET; THENCE S16040'29'W ALONG SAID EAST LINE, 114.86 FEET; THENCE S01038'48"E ALONG SAID EAST LINE, 8.20 FEET; THENCE N88029'50'W, 111.79 FEET; THENCE S78051'22"W, 236.93 FEET; THENCE S89033'59'W, 584.90 FEET; THENCE NOoo26'01'W, 270.88 FEET; THENCE N35027'47"E, 54.47 FEET; THENCE N16003'10"E, 215.73 FEET; THENCE NOoo02'42"E, 292.17 FEET; THENCE S89057'18"E, 433.17 FEET; THENCE SOUTHEASTERLY, 22.80 FEET, ALONG THE ARC OF A 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 22.79 FOOT CHORD BEARS S88019'20"E; THENCE S86041'22"E, 100.00 FEET; THENCE SOUTHEASTERLY 22.80 FEET ALONG THE ARC OF A 400.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 22.79 FOOT CHORD BEARS S88019'20"E TO THE POINT OF BEGINNING, CONTAINING 15.42 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and provide for adequate secondary access and street connectivity between neighborhoods. Further, the parties acknowledge that Iowa Code 9414.5 (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. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning and subdivision ordinances, as well as the following condition: . The Owner and/or Applicant will be responsible for extending Whispering Meadows Drive to the western edge of the Sycamore Greenway in an alignment determined by the City Engineer. 4. The Owner, the Applicant, and the City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code 9414.5 (2005), and that said conditions satisfy public needs that are caused by the requested zoning change. . 5. The Owner, the Applicant, and the 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. The Owner and Applicant acknowledge that nothing in this Conditional Zoning ppdadmlagtlrezOO-OOO25 cza (3) 2 Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this _ day of ,20 CITY OF IOWA CITY Ross Wilburn, Mayor By: Attest: Marian K. Karr, City Clerk By: Approved by: :4,j~ ity Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , A.D. 20_, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross 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. Notary Public in and for the State of Iowa My commission expires: ppdadmlagUrez06-OOO25 cza (3) 3 CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , A.D. 20_, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the 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 (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State My commission expires: LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this _ day of , A.D. 20_, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn, did say that the person is (title) of , and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: ppdadmlagVrez06-oo<J25 cza (3) 4 'fcJ -....,,, " ~ 1!J- 1 Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 34.86 ACRES OF LAND LOCATED SOUTH AND WEST OF WHISPERING MEADOWS DRIVE FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS-8) AND HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS- 12) TO PLANNED DEVELOPMENT OVERLAY 8 (OPD-8) AND PLANNED DEVELOPMENT OVERLAY 12 (OPD-12) (REZ06-00026) WHEREAS, the applicant, MBHG Investment Co., Inc., has requested a rezoning of property located South and West of Whispering Meadows Drive from Medium Density Single Family Residential (RS-8) and High Density Single Family Residential (RS-12) to Planned Development Overlay 8 (OPD-8) and Planned Development Overlay 12 (OPD-12); and WHEREAS, the Comprehensive Plan indicates that this area has sensitive environmental features, including a stream corridor, wetlands, woodlands, and hydric soils that must be taken into account and protected if property is proposed for development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing approval of wetland mitigation, monitoring, and long term maintenance of wetlands created in compensation for wetlands disturbed during development of the property; and WHEREAS, Iowa Code 9414.S (200S) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant 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 RS-8 and RS- 12 to OPD-8 and OPD-12: LEGAL DESCRIPTION A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 23 AND A PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 24, ALL IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE STH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: AUDITOR'S PARCEL 2003100 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE STH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S89033'S9"W, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 23, A DISTANCE OF 1318.71 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST ONE- QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 23; THENCE NOoo02'18"E, 1121.93 FEET TO THE SOUTHWEST CORNER OF LOT 13, LAKESIDE ADDITION TO IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 99 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE S890S7'18"E, ALONG THE SOUTHERLY LINE OF SAID LAKESIDE ADDITION TO IOWA CITY, IOWA, 117S.00 FEET TO THE NORTHWEST CORNER OF LOT 174, WHISPERING MEADOWS SUBDIVISION, PART TWO, TO IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 34 AT PAGE 99 IN SAID RECORDER'S RECORDS; THENCE SOoo02'42"W, ALONG A WESTERLY Ordinance No. Page 2 LINE OF SAID WHISPERING MEADOWS SUBDIVISION, PART TWO, 127.00 FEET; THENCE N89057'18"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 12.29 FEET; THENCE SOoo02'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 203.50 FEET TO THE SOUTHWEST CORNER OF LOT 167 OF SAID SUBDIVISION; THENCE S89057'18"E, ALONG THE SOUTHERLY LINES OF SAID LOT 167 AND LOTS 166,165,164,163,162 AND PART OF LOT 161, A DISTANCE OF 298.23 FEET TO THE NORTHWEST CORNER OF LOT 154 OF SAID SUBDIVISION; THENCE SOoo02'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 137.50 FEET; THENCE N89057'18"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 20.00 FEET; THENCE SOoo02'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 175.00 FEET; THENCE S05044'59"E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 159.34 FEET TO THE SOUTHWEST CORNER OF LOT 150 OF SAID SUBDIVISION; THENCE S16040'29"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 114.86 FEET; THENCE S01038'48"E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 196.14 FEET TO THE SOUTHWEST CORNER OF LOT 147 OF SAID SUBDIVISION; THENCE S88021'05"W, 111.19 FEET TO THE POINT OF BEGINNING, CONTAINING 34.86 ACRES AND IS 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 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. Passed and approved this _ day of , 20_. MAYOR ATTEST: CITY CLERK ed by J J /7 . c,,-,c:J./ ~~'2i?z:.Y t.../r':2/GI) City Attorney's Office Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ06-00026) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Barker Development Co. (hereinafter "Owner"), and MBHG Investment Co., Inc. (hereinafter "Applicant"); WHEREAS, Owner is the legal title holder of approximately 34.86 acres of property located west of Whispering Meadows, Part 2; and WHEREAS, the Applicant, with the Owner's consent, has requested the rezoning of said property from Medium Density Single Family Residential (RS-8) and High Density Single Family Residential (RS-12) to Planned Development Overlay 8 (OPD-8) and Planned Development Overlay 12 (OPD-12); and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing approval of wetland mitigation, monitoring, and long term maintenance of wetlands created in compensation for wetlands disturbed during development of the property; and WHEREAS, Iowa Code 9414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need to protect, monitor, and maintain wetland areas; and WHEREAS, the Owner and Applicant 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. Barker Development Co. is the legal title holder of the property legally described as follows: A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 23 AND A PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 24, All IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOllOWS: AUDITOR'S PARCEL 2003100 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE STH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S89033'S9"W, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 23, A DISTANCE OF 1318.71 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST ONE- QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 23; THENCE NOoo02'18"E, 1121.93 FEET TO THE SOUTHWEST CORNER OF lOT 13, lAKESIDE ADDITION TO IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE ppdadm/agUrez06-OOO26 cza 1 991N THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE S89057'18"E, ALONG THE SOUTHERLY LINE OF SAID LAKESIDE ADDITION TO IOWA CITY, IOWA, 1175.00 FEET TO THE NORTHWEST CORNER OF LOT 174, WHISPERING MEADOWS SUBDIVISION, PART TWO, TO IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 34 AT PAGE 99 IN SAID RECORDER'S RECORDS; THENCE SOoo02'42"W, ALONG A WESTERLY LINE OF SAID WHISPERING MEADOWS SUBDIVISION, PART TWO, 127.00 FEET; THENCE N89057'18"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 12.29 FEET; THENCE SOoo02'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 203.50 FEET TO THE SOUTHWEST CORNER OF LOT 167 OF SAID SUBDIVISION; THENCE S89057'18"E, ALONG THE SOUTHERLY LINES OF SAID LOT 167 AND LOTS 166, 165, 164, 163, 162 AND PART OF LOT 161, A DISTANCE OF 298.23 FEET TO THE NORTHWEST CORNER OF LOT 154 OF SAID SUBDIVISION; THENCE SOoo02'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 137.50 FEET; THENCE N89057'18"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 20.00 FEET; THENCE SOoo02'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 175.00 FEET; THENCE S05044'59"E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 159.34 FEET TO THE SOUTHWEST CORNER OF LOT 150 OF SAID SUBDIVISION; THENCE S16040'29"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 114.86 FEET; THENCE S01038'48"E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 196.14 FEET TO THE SOUTHWEST CORNER OF LOT 147 OF SAID SUBDIVISION; THENCE S88021'05"W, 111.19 FEET TO THE POINT OF BEGINNING, CONTAINING 34.86 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and provide for protection of sensitive environmental features within the City. Further, the parties acknowledge that Iowa Code 9414.5 (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. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning and subdivision ordinances, as well as the following conditions: 1. The wetland mitigation plan must be approved by the Army Corps of Engineers and all other applicable State and Federal agencies prior to any development activity; 2. Copies of all site visit reports and annual monitoring reports submitted to the Army Corps of Engineers will be concurrently sent to the City; 3. The wetland mitigation site will be monitored by a wetland specialist for a period not less than 5 years and until 85% of the lots abutting the wetlands are developed and the other 15% of the lots are stabilized. Written reports will be submitted to the City after every site visit (at least 3 reports per construction season) and any damage to the wetlands repaired; 4. Prior to final platting, submittal of a maintenance plan prepared by a wetland specialist and approved by the City for the wetland areas and private open space within Outlots A and B, detailing long term maintenance responsibilities and estimates of maintenance costs. 4. The Owner, the Applicant, and the City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code 9414.5 (2005), and that said conditions satisfy public needs that are caused by the requested zoning change. ppdadmlagVrezOO-QOO26 cza 2 5. The Owner, the Applicant, and the 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. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of ,20 CITY OF IOWA CITY Ross Wilburn, Mayor By: Attest Marian K. Karr, City Clerk By: Approved by: ~JLaL'J.k#nJ r;/p/n City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , AD. 20_, 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 ppdadmlagVrez06-OO026 cza 3 foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa My commission expires: CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , AD. 20_, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the 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 (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State My commission expires: LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this _ day of Public in and , AD. 20_, before me, the undersigned, a Notary State of Iowa, personally appeared , to me personally known, who being by me duly sworn, (title) of , and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. for the did say that the person is Notary Public in and for the State of Iowa My commission expires: ppdadmlagUrez06-OOO26 cza 4 LU Prepared by: Sara F. Greenwood, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES" TO PROHIBIT POSSESSION OF OPEN ALCOHOLIC BEVERAGES ON PUBLIC PROPERTY. WHEREAS, City Code section 4-5-5 titled "Open Containers" prohibits the possession of any alcoholic beverage on public property; and WHEREAS, the City desires to limit the prohibited possession to open alcoholic beverages on public property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section 5, entitled "Open Containers," paragraph B, entitled "Possession Prohibited" is hereby amended to read: B. Possession Prohibited: It shall be unlawful tor any persons to possess any open or unsealed bottle, can. iar or other receptacle containinQ an alcoholic beverages on any public street, ground, highway, sidewalk, alley, or public right ot way in the city, except if said person has purchased said alcoholic beverage from an "authorized entity", and is on an "authorized site", as those terms are defined in this chapter. A person shall not possess any open or unsealed bottle, can, iar or other receptacle containinQ an alcoholic beverage in any public place within the city, except premises covered by a license or permit and, when applicable, a public right-ot-way easement agreement. SECTION II. REPEALER. All ordinances and parts ot ordinances in conflict with the provision ot 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 ot the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this _ day ot , 2007. MAYOR ATTEST: CITY CLERK ;ZVedbY ~ " a;f City Attorney's Office ~ Pq /P'? 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 7/10/2007 Vote for passage: AYES: Correia, Elliott, 0' Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published !d I 11j,? l I, ~ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. 07-l..?F.7 ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," SECTION 4, ENTITLED "TEMPORARY USE OF SIDEWALK PERMITS" TO INCREASE THE DURATION OF THE TEMPORARY SIDEWALK PERMITS FROM THREE (3) DAYS TO FOUR (4) DAYS. WHEREAS, regulating the public right-of-way ensures the safe movement of pedestrians; WHEREAS, section 10-3-4 provides that the City may issue two permits each year to businesses for the commercial use of City sidewalks for up to three (3) consecutive days per permit; WHEREAS, the Downtown Association of Iowa City has requested that the City Code be amended to increase the duration of the temporary use of sidewalk permit from three (3) days to four (4) days; and WHEREAS, it is in the City's interest to permit businesses to use the City's sidewalks for an additional day. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 4, entitled "Temporary Use of Sidewalk Permits," is hereby amended by deleting the first unnumbered paragraph of Section 4 in its entirety and by substituting in its place the following new unnumbered paragraph: The City Manager or designee is authorized to issue no more than three (3) Temporary Use of Sidewalk Permits per calendar year to businesses or business organizations for any commercial purpose in commercially zoned districts excluding permits for sidewalk cafes, ambulatory vendors, and mobile vending carts. Two (2) Temporary Use of Sidewalk Permits shall be limited to the temporary use of sidewalks and public right-of-way abutting said businesses and shall be limited to no more than four (4) days for anyone permit. One (1) Temporary Use of Sidewalk Permit shall be limited to the temporary use of sidewalks and public right-of-way abutting said businesses and shall be limited to Friday evenings between the hours of 5:00 PM and 9:00 PM, for the period beginning the second Friday of May and ending on the third Friday of September of each year. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. 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. pa~PProVed this ~ ~f ":Ll J -- MAYOR -- IU: ,2007. ATTEST: ~~~,tI. ~ CITY-CLERK Approved by ~~ <"c.((-at City Attorney's Office sue/ord/S-W DaysOrd.doc Ordinance No. Page --L 07-4267 It was moved by Bailey and seconded by as read be adopted, and upon roll call there were: Vanderhoef that the Ordinance AYES: NAYS: ABSENT: x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x y x x X X First Consideration 6/19/2007 Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia. NAYS: None. ABSENT: None. Second Consideration ----------------- Vote for passage: Date published 7/18/2007 Moved by Bailey, seconded by Vanderhoef, that the rule requlrlng ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia. NAYS: None. ABSENT: None. ">- I . I I Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," BY ADDING A NEW SECTION 9, ENTITLED "AMATEUR FIGHTING AND BOXING" TO PROHIBIT AMATEUR FIGHTING AND BOXING AT ESTABLISHMENTS THAT ARE LICENSED TO SERVE ALCOHOL. WHEREAS, the State of Iowa regulates professional, but not amateur, fighting and boxing; and WHEREAS, it is in the best interest of the City to prohibit amateur boxing and fighting that occurs in establishments serving alcohol. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 8, entitled "Police Regulations, Chapter 5 entitled "Miscellaneous Offenses," is hereby amended by adding a new Section 9, entitled "Amateur Fighting and Boxing" as follows: A. No person, individual, association, corporation, partnership or club holding a liquor control license, wine or beer permit, which authorizes on the premises consumption, nor his or her agents or employees shall allow an amateur fighting or boxing match to occur on said premises. B. No person shall participate in an amateur fighting or boxing match in an establishment holding a liquor control license, wine or beer permit, which authorizes on the premises consumption. C. No person shall promote, advertise, or organize an amateur fighting or boxing match in an establishment holding a liquor control license, wine or beer permit, which authorizes on the premises consumption. D. "Amateur fighting and boxing match" means a boxing, wrestling, mixed martial arts fighting, extreme fighting, ultimate fighting or shoot fighting match, contest, event or exhibition for which the contestants are not paid or awarded a prize for their participation. SECTION II. VIOLATION. Any violation of this ordinance shall be considered a simple misdemeanor punishable by a $500.00 fine and imprisonment not in excess of thirty (30) days or a municipal infraction punishable by a civil penalty of $750.00 for first offense and $1,000.00 for second and subsequent offenses. 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. Passed and approved this _ day of , 2007. MAYOR ATTEST: CITY CLERK APprove... d by ~" ~~ Co-I3'-61 City Attorney's Office Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration 6/ t 9/2007 Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott. NAYS: None. ABSENT: None. Second Consideration 7/l0/2007 Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell. NAYS: None. ABSENT: None. Date published rn Marian Karr From: Eleanor M. Dilkes Sent: Wednesday, June 20, 2007 11 :51 AM To: 'Fiteiowa@aol.com' Cc: *City Council Subject: RE: Fight Night Mr. Cox, The ordinance that has received one favorable reading prohibits "amateur" fighting because "amateur" fighting is not currently regulated by the state. In the event state law changes such that amateur fighting is regulated the Council could, if it chose, repeal the ordinance. You are correct that under the proposed ordinance a "sanctioned" amateur fight would not be allowed in an establishment that sells alcohol. Eleanor M. Dilkes City Attorney City of Iowa City 410 E. Washington St. Iowa City, IA 52245 Email: eleanor-dilkes@iowa-city.org Phone: (319) 356-5030 Fax: (319) 356-5008 CONFIDENTIALITY NOTICE: This email, and any attachments hereto, contains information which may be confidential and/or attorney client privileged or work product. The information is intended to be for the use of the addressee named above. If you are not the intended recipient, please note that any disclosure, copying, distribution or use of the information is prohibited. If you have received this electronic transmission in error, please reply to the sender that you have received the message in error, then delete it and any and all copies of it from your computer. Thank-you. From: Fiteiowa@aol.com [mailto:Fiteiowa@aol.com] Sent: Wednesday, June 20, 2007 1:55 AM To: Council Subject: Fight Night Council members, Before you pass the legislation to ban fighting in venues with a liquor license, I would recommend you make a small change. I would ban "unregulated" fights in estabishments with a liquor license. I'm not sure if you understood the young lady who fights in sanctioned amateur boxing... she said if you pass the measure as it is... she cannot compete locally anymore as every event she has fought for in Iowa City also served alcohol. Also, this would mean that if I am able to convince state regulators to sanction amateur mma in the future, I could hold the events again in Iowa City. Correct me if I am wrong, but it seems the big issue is that our events are not regulated (or sanctioned). If we were able to change that, you wouldn't be opposed to us holding them. Am I understanding your concerns 6/20/2007 correctly? Thanks for your time, Monte Cox 3915 Aspen Hills Dr. Bettendorf, IA 52722 See what's free at f\QI,..com. 6/20/2007 Page 2 of2 Marian Karr From: Sent: To: Subject: mjc [mcrane@lcom.net] Wednesday, June 20,200710:59 AM Council fight nights thanks for stopping "fight nights" at the bars. in my opinion, any fights are barbaric and to have sanctioned them in bars would have been the epitome of irresponsibility on the part of the council. thanks for stepping up and doing what is right! michael crane 1 Adam J. Pollack 220 River Street #2A Iowa City, Iowa 52246 (319) 338-1633 avollackll(tV,hotmail.com June 27, 2007 o -$0 :?>:::=\ -("' ~ !~~~~ _or) ~~.~ ~~.... -~\ O---~ 7' :? ~ r-:> = = -oJ S= ~ ...!:.... 1\ N co .- f'-- ~ \"-n , ..----, '.,-..J -0 - .. C> 0"' Iowa City Council Members 410 E. Washington Street Iowa City, Iowa 52240 Dear Honorable Members of the Iowa City Council: My name is Adam Pollack. I am a local criminal defense attorney and former assistant Johnson County attorney. I am the head coach of the Iowa City/Coralville Boxing Club, vice-chair of USA Boxing's Judicial Committee, and the author of two books - John L. Sullivan: The Career of the First Gloved Heavyweight Champion, and In the Ring With James J. Corbett. I train both Emily and Katy Klinefelter, who have won multiple national and international amateur boxing tournaments. As a general matter, I am vehemently opposed to the proposed ordinance barring amateur boxing and fighting in establishments that sell alcohol. I will discuss the reasons for my opposition below. However, more importantly, even if the law is passed, I believe it needs to be amended in order to be consistent with the Council's stated reasons for the law. The definition of "amateur fighting and boxing match" needs to be changed so that it does not include USA Boxing, Inc. sanctioned amateur boxing matches. The primary reason that the Council is proposing this law is because no governing body sanctions or regulates the Union fight night. Professional boxing is regulated, and so the Council does not have a problem with professiomd boxing taking place in a bar. USA Boxing, Inc. amateur boxing contests are sanctioned and regulated, and therefore its contests should be treated in the same manner that professional boxing is treated. USA Boxing, Inc. sanctions and regulates amateur boxing contests throughout the United States. USA Boxing is the federally designated national governing body for the sport of amateur boxing. It has received this designation from the United States Olympic Committee, which in turn receives its power to do so via the Ted Stevens Amateur and Olympic Sports Act, passed by the U.S. Congress. USA Boxing does allow alcohol to be served at its amateur boxing contests. This has not been a problem. USA Boxing has quite strict regulations regarding its program and sanctioned boxing contests. I want to make it clear that the Union fight night is not and has not been sanctioned by USA Boxing. Despite calling the boxing and mixed martial arts contests "amateur" (which they are, under a true definition), USA Boxing does not recognize these bouts as amateur bouts. USA Boxing has nothing to do with mixed martial arts, requires headgear for its boxing contests, as well as the observance of a myriad of registration, insurance, certification, and rules regarding the conduct of its contests. Its contests are distinct from the Union fight night in a multitude of ways, and the USA Boxing oversight and regulation is immense by comparison. The concerns that the Council has regarding regulation and supervision of the unsanctioned Union fight night bouts simply does not and should not exist for USA Boxing regulated contests. Therefore, I ask that you consider adding a sentence to the definition of "amateur fighting and boxing match" to state, "This does not include USA Boxing, Inc. sanctioned amateur boxing bouts." There is simply no rational, logically consistent reason to include USA Boxing regulated contests under the law's coverage. I imagine that when this law was proposed, the distinction between USA Boxing sanctioned and regulated amateur boxing contests and what the Union calls amateur boxing contests was not known or contemplated. Now that you are aware that there is a big difference, I hope that you will consider an amendment. Regarding my opposition to the law in general, I do not believe that there are sufficient facts in the record to form a rational basis for this law. There is no proof that the contestants have used alcohol, or used alcohol sold by the Union, or that there has been any crowd control or violence issues over the 12+ events that have already taken place. I understand that council members proposed and preliminarily voted for this law without even observing the event. As someone who has attended the event, I can say that it is handled quite well. There is a padded ring, padded ropes, a competent referee, and the combatants wear gloves. The crowd has been orderly and well behaved. There are simply no facts that would justify this law, other than speculation. . The Union fight night is being punished for doing nothing other than hosting a smooth event that would otherwise be legal under your proposed law if held in another venue, or in the same venue (one that sells alcohol) if professionally regulated. To date, the U~. . n fight night has been allowed to take place in a bar, and self-regulation has worked. 'W1J potential for banning these types of events (where alcohol is sold) should prove a )i;::::{ sufficient incentive to ensure that strong self-regulation continues. A severe resultD -". (banning them where alcohol is served) should only occur if there was an objectiv'e?'i~) reason for doing so, such as if there was a causal connection established that C5 $ ::J3 if --- ::.: '. {;;? ~ ""'-l ?::: ~;:: f\) co .2) ,t"""'--.... I '.-,... I i 1 r--/ "'-~~/ 2 c:> 0) demonstrated that the event had a problem above and beyond that which it would have had in a location where alcohol was not served, or above and beyond that which it would have had if alcohol had been served but the event had been subject to regulation. Thus far, this is absent. Laws and lawmaking should be consistent. I note that many thousands of citizens openly and apparently legally drink: alcohol in the University of Iowa parking lots before football games, a sport which statistically has more injuries and deaths than boxing and mixed martial arts. Thousands drinking before watching college men smash into each other's bodies at full force and throw them down to the ground is not a concern, not a subject of legislation. Minors are allowed inside bars, in the presence of alcohol. Cigarette smoking is legal in Iowa City. People die from smoking at an extremely high rate, thousands of times higher than combat sports. Yet there have been no paternalistic laws passed to save the citizens from themselves. However, fighting in a bar in the presence of a few hundred, where bouncers are present, where police officers have a legal right to be present, despite no problems in 12 events, is somehow of such concern that it has found its way onto the legislative docket. If these other areas of life have not required legislative action, neither should the Union fight night. I want to make it clear that I have absolutely zero financial interest in this event. I do not assist in its promotion or conduct in any way. If anything, I should consider it a competitor. However, I am a fan of combat sports, and am opposed to laws which will limit their ability to continue successfully, which will be the case if you pass this law. I ask that you reconsider this law. However, if you remain determined to pass it, I ask that you consider excluding USA Boxing sanctioned events from its coverage. I would be happy to answer any questions that you may have, or to discuss further with you USA Boxing's regulations of its sanctioned amateur boxing contests. I can show you a copy of the sizable rulebook. You may also go to usaboxing.org. SaL- Adam Pollack o -s:;: ~() ~-- ~ n--. \"..... ....... -1 r", -:-(I~::: rn O::cl ~x )1> ~ = '= --.. c_ c:: -t_ ~- '--n - N co IJ :.ill: r~- iT1 .- ; , f,J - " C> 0"\ 3 Page 1 of 1 7 Marian Karr From: Kenneth W. Buffington [kbuff@marshallnet.com] Sent: Tuesday, July 10, 2007 8:16 AM To: Council Subject: Amateur Boxing Iowa city Council Members: Iowa City council, Mayor, & Administrators, My name is Kenneth W. Buffington President of Iowa Amateur Boxing Inc. I serve on the USA/Boxing Membership Services Committe as Vice Chairperson, Iowa Golden Gloves Board Of Directors, Advisary Committee To the Iowa Athletic Commissioner that distributes grants to Iowa nonprofit Amateur boxing clubs througout Iowa. Deputy Boxing Commisioner I am a certified level four coach, level three official in amateur Boxing. my involvement includes over 30 years of coaching, officiating, administrating duties at many state, regional, and national tournaments. Mr. Adam Pollack contacted me about your proposal to ban amateur boxing at venues that serve alcoholic bevreages. 1.Amateur boxing is a regulated Olympic sport. All Amater boxers are registered through USA/Boxing. are trained by certified coaches who must go through a clinic every year and tested every other year. I do not know about the Union fight night as I don't attend such events. Those participants competing in those events are not elegible to become an athlete within USA/Boxing due to the involvement in Barroom Brawls as per the rules of USA/Boxing. All Iowa amateur boxing showa in iowa as well as the U.S. are sanctioned events that uses all certified coaches and officials, just as the Iowa Athletic Commission oversees professional boxing and wrestling within Iowa. I too would hope that you would amend your resolution to exclude sanctioned Amateur boxing from this law. Again we lAB inc are under the umbrella of USA/Boxing. You may got to usaboxing .org to review our rules on the websight. Thankyou for your time and consideration in this matter. Sincerly, Kenneth W. Buffington President lAB inc. 641-752-1345 7/1012007 M+oo { 't Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. 07-4268 ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 11, ENTITLED "FARMER'S MARKET," TO ALLOW FARMERS JI/IARKET VENDORS TO PREPARE AND SELL FO.OD IN CHAUNCEY SWAN PARK. WHEREAS, the Farmers Market presently is limited to vendors selling their products in Chauncey Swan parking ramp; WHEREAS, the Farmers Market Advisory Committee recommends that the Farmers Market be expanded to allow up to four (4) vendors to sell food from Chauncey Swan Park that has been cooked or grilled on site; and WHEREAS, it is in the City's interest to permit Farmers Market vendors to cook and grill food in Chauncey Swan Park. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled "Use of Public Ways and Property," Chapter 11, entitled "Farmers Market," Section 1, entitled "Definitions," is hereby amended by deleting the definitions of Farmers Market, Farmers Market Vendor, Season Vendor, and Stall and inserting the following new definitions: FARMERS MARKET: An open air market sponsored by the city in Chauncey Swan parking ramp and Chauncey Swan Park that is intended to provide an opportunity for individuals to sell permitted items that are grown or produced by them, which conform to all applicable city, county and state health and safety provision, including state department of agriculture regulations. FARMERS MARKET VENDOR: Person who is authorized under this chapter to occupy a stall and to sell items in the farmers' market or who is a grilling vendor. GRilLING VENDOR: Person who is authorized under this chapter to occupy a grilling site to grill or cook food and offer the prepared item for sale. A grilling vendor who grills or cooks food on site may in addition sell non-alcoholic beverages that have been prepared on site. GRilLING SITE: One of four locations designated by the director in Chauncey Swan Park that a grilling vendor is authorized to occupy in order to prepare and sell items consistent with the provisions of this chapter. SEASON VENDOR: A farmers' market vendor who is authorized by the city to occupy a stall or grilling site for the entire season. STALL: A space designated by the director in Chauncey Swan parking ramp that a farmers' market vendor is authorized to occupy in order to sell items consistent with the provisions of this chapter. 2. Title 10, entitled "Use of Public Ways and Property," Chapter 11, entitled "Farmers Market," Section 3, entitled, "Standards for Granting or Denying Authorization," is hereby amended by deleting Subsections Band D and adding new Subsections Band D in lieu thereof and by adding a new Subsection E: B. A stall or grilling site is available. D. If there are not sufficient stalls or grilling sites for all person who apply for a stall or grilling site, a season vendor from the previous calendar year shall having priority over a person who was not a season vendor from the previous calendar year. E. Grilling Vendor Only. (1) The grilling vendor has obtained insurance in a reasonable amount necessary to minimize risk of harm to persons and property based on the intended use, as determined by the city's risk manager. (2) The person has obtained all necessary permits required by the Johnson County health department. (3) No other grilling vendor is vending substantially the same food product. (4) Such other requirements as the Director may establish in the administrative rules. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction. 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. Ordinance No. Page 2 07-4268 pa(fZ::roved this ~ay of f J ~ MAYOR ~ J:Y ,2007. ATTEST: ~) I( i!<J'./-1) CI LERK Approved by ~~ b'-( ~--o+- City Attorney's Office suelord/FmsMklGrillOrd.doc Ordinance No. 07-4268 Page ~ It was moved by Vanderhoef and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn y x x First Consideration 6 / 19/2007 Vote for passage: AYES: Vanderhoef, O'Donnell. NAYS: None. ABSENT: Second Consideration ---------------- Vote for passage: Bailey that the Ordinance Wilburn, Bailey, Champion, Correia, Elliott, None. Date published 7/18/2007 Moved by Vanderhoef, seconded by Bailey, that the rule and voted on for passage at two Council meetings prior finally passed be suspended, the second consideration be voted upon for final passage at this time. AYES: Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: requlrlng ordinances to be considere( to the meeting at which it is to be and vote be waived and the ordinance Wilburn, Bailey, Champion, Correia, None. I 07-~-07 , Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE OF SIDEWALKS," SECTION 3, ENTITLED "USE FOR SIDEWALK CAFES," TO ALLOW SIDEWALK CAFES TO ENCOMPASS RAISED PLANTERS IN CITY PLAZA UNDER LIMITED CIRCUMSTANCES. WHEREAS, sidewalk cafes are a use of public sidewalks that require a temporary easement; WHEREAS, section 10-3-5B1 currently provides that In City Plaza there must be a minimum of eight (8) feet of unobstructed sidewalk between the side of the cafe and an elevated planter; WHEREAS, City Council should have the discretion to allow sidewalk cafes to encompass raised planters under limited circumstances; and WHEREAS, it is in the City's interest adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Subsection B, entitled "Usable Sidewalk Cafe Area," is hereby amended by adding the following new Paragraph 5: City Council may allow a sidewalk cafe to encompass or utilize an elevated planter, including a planter that is not directly in front of the establishment to which it is connected, if the applicant demonstrates to Council satisfaction that the proposed cafe meets the following criteria: (1) It does not interfere with pedestrian movement. (2) It does not adversely affect drainage. (3) It does not adversely affect public or City utilities located or operating within City Plaza. (4) It enhances the appearance and use of City Plaza. (5) It does not interfere with the functionality of any other existing sidewalk cafe. (6) It is not otherwise contrary to public interest. The easement agreement shall include provisions for fencing, insurance, maintenance, vegetation, and the subsurface. The easement agreement shall provide that the cafe owner pay all costs associated with the cafe including, but not limited to, the cost to move water mains and water service lines, to remove and plant vegetation, to move electrical outlets, and to cut and restore the limestone. If the cafe encompasses or utilizes more than one elevated planter, the area between the planters shall be included in the sidewalk cafe area but need not be delineated as such unless tables and chairs are present. The proposed cafe shall not be subject to sections 10-3-3B(1)-(4) and 10-3-3E(6) of this code. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. 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. Passed and approved this _ day of ,2007. MAYOR ATTEST: CITY CLERK APpro~ ~r-_ ~ +- 3-0.)- City Attorney's Office Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration 7/10/2007 Vote for passage: AYES: Champion, Correia, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: Elliott. ABSENT: None. Second Consideration Vote for passage: Date published !~ Prepared by Roger Jensen, Deputy Fire Chief and Tim Hennes, Sr. Building Inspector; 410 E. Washington St., Iowa City, IA 52240; (319) 356-5122 ORDINANCE NO. ORDINANCE AMENDING CITY CODE TITLE 7, ENTITLED FIRE PREVENTION AND PROTECTION, AND TITLE 17, ENTITLED BUILDING AND HOUSING TO ESTABLISH FIRE AND LIFE SAFETY REQUIREMENTS FOR NEW AND EXISTING GROUP A-2 AND B OCCUPANCIES. WHEREAS, City Code Section 7-1-1 adopts the International Fire Code and City Code Section 17-1- 1 adopts the International Building Code; and WHEREAS, City Code Section 7-1-2 amends sections of the International Fire Code and City Code Section 17-1-3 amends sections of the International Building Code; and WHEREAS, the City wishes to provide minimum thresholds for automatic fire sprinkler systems, fire alarm systems, and exit width openings in Group A-2 occupancies; and WHEREAS, the City wishes to provide minimum thresholds for automatic fire sprinkler systems in Group B occupancies; and WHEREAS, it is in the best interest of the City to adopt the amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. . 1. Title 7, entitled "FIRE PREVENTION AND PROTECTION", Chapter 1, entitled "Fire Code," is hereby amended as follows: Section 102.1 Modify by adding a fifth applicability requirement to the end as follows: 5. A. Existing A-2 Occupancies with an occupant load of 299 or more with an Alcoholic Beverage Division License (ABDL) sha.1I comply with Section 903.2.1.2 by July 1,2010. Exemption: Single business occupancies in single story nonabutting buildings. B. Existing A-2 Occupancies with an occupant load of 50-298 located on a floor other than the level of exit discharge and with an ABDL shall comply with Section 903.2.1.2 by July 1, 2013. C. Existing B Occupancies located on a floor other than the level of exit discharge and with an ABDL shall comply with Section 903.2.1.2 by July 1, 2013. D. All existing A-2 Occupancies with an occupant load of 100-298 with an ABDL shall comply with Section 903.2.1.2, provided that there is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. Section 903.2.1.2 Delete Section 903.2.1.2 and insert in lieu thereof the following: 903.2.1.2 A. New Group A-2 Occupancies. An automatic sprinkler system shall be provided if one of the following conditions exists: 1) The fire area exceeds 5,000 square feet; 2) The fire area has an occupant load of 100 or more; or 3) The fire area is located on a floor other than the level of exit discharge. B. Existinq Group A-2 Occupancies and Group B Occupancies. An automatic sprinkler system shall be provided throughout the A-2 occupancy if one of the following conditions exists: 1) The A-2 occupancy has an occupant load of 299 or more and has an ABDL. Exemption: Single business occupancies in single story nonabutting buildings; or 2) The A-2 occupancy has an occupant load of 50-298 and is located on a floor other than the level of exit discharge and has an ABDL; or 3) Group B Occupancies located on a floor other than the level of exit discharge and which have an ABDL; or 4) Group A-2 Occupancies with occupant load of 100 or more that have an ABDL and are not regulated in B1 or B2 above, provided: There is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. Section 903.2.1.6 Add a new Section 903.2.1.6 as follows: Section 903.2.1.6. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as new Group B occupancies with an ABDL or existing group B occupancy with a new (not a 2 renewal) ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system shall be provided throughout the floor area where the new Group B occupancy with an ABDL or where the Group B occupancy with a new ABDL is located, and in all floors between the Group B occupancy and the level of exit discharge. Section 907.2.1 Delete the "exception" in Section 907.2.1 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A-2 occupancies with occupant loads of 200 or more, manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system and the alarm notification appliances will activate upon sprinkler water flow. 2) Group A-2. An automatic/manual fire alarm system shall be installed in Group A-2 occupancies with occupant loads of 200 or more. Activation of the fire alarm shall additionally cause: a. Illumination of the protected premises to not less than 10 foot-candles over the area of the room at a height of 30 inches above the floor; and b. All conflicting or confusing sounds and visual distraction to automatically stop. Section 1024.2 Delete the "exception" in Section 1024.2 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A-2, in assembly occupancies where there is no well-defined main exit or where multiple main exits are provided, exits shall be permitted to be distributed around the perimeter of the building provided that the total width of egress is not less than 100 percent of the required width. 2) The main entrance/exit of A-2 occupancies shall be of a width that accommodates not less than two-thirds of the total occupant load. 2. Titles 17, entitled "BUILDING AND HOUSING," Chapter 1 entitled "Building Code," is hereby amended as follows: Section 903.2.1.2 Delete section 903.2.1.2 and insert in lieu thereof the following: 903.2.1.2 A. New Group A-2 Occupancies. An automatic sprinkler system shall be provided if one of the following conditions exist: 1) The fire area exceeds 5,000 square feet; or 2) The fire area has an occupant load of 100 or more; or 3) The fire area is located on a floor other than the level of exit discharge. B. Existinq Group A-2 Occupancies and Group B Occupancies. An automatic sprinkler system shall be provided throughout the A-2 occupancy if one of the following conditions exists: 1) The A-2 occupancy has an occupant load of 299 or more and has an ABDL. Exemption: Single business occupancies in single story nonabutting buildings; or 2) The A-2 occupancy has an occupant load of 50-298 and is located on a floor other than the level of exit discharge and has an ABDL; or 3) Group B Occupancies located on a floor other than the level of exit discharge and which have an ABDL; or 4) Group A-2 Occupancies with an occupancy load of 100 or more that have an ABDL and are not regulated in B1 or B2 above, provided: There is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. Exemption: Single business occupancies in single story nonabutting buildings. Section 903.2.1.6 Add a new Section 903.2.1.6 as follows: Section 903.2.1.6. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as new Group B occupancies with an ABDL or existing group B occupancy with a new (not a renewal) ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system shall be provided throughout the floor area where the new Group B occupancy with an ABDL or where the group B occupancy with a new ABDL is located, and in all floors between the Group B occupancy and the level of exit discharge. 3 Section 907.2.1 Delete the "exception" in Section 907.2.1 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A-2 occupancies with occupant loads of 200 or more, manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system and the alarm notification appliances will activate upon sprinkler water flow. 2) Group A-2. An automatic/manual fire alarm system shall be installed in Group A-2 occupancies with occupant loads of 200 or more. Activation of the fire alarm shall additionally cause: a. Illumination of the protected premises to not less than 10 foot-candles over the area of the room at a height of 30 inches above the floor; and b. All conflicting or confusing sounds and visual distraction to automatically stop. Section 1024.2 Delete the "exception" in Section 1024.2 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A-2, in assembly occupancies where there is no well-defined main exit or where multiple main exits are provided, exits shall be permitted to be distributed around the perimeter of the building provided that the total width of egress is not less than 100 percent of the required width. 2) The main entrance/exit of A-2 occupancies shall be of a width that accommodates not less than two-thirds of the total occupant load. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATIONS. The violation of any provision of this Ordinance is a municipal infraction. 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 upon publication. Passed and approved this _ day of ,20_ MAYOR ATTEST: CITY CLERK E.0. ~ City Attorney's Office '7-3 - (J'1 Hisbldglord/life safety a-2 ace. doc 6/28/07 Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration 6 /19 / 2007 Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration 7 / 1 0 / ? 00 7 Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia. NAYS: None. ABSENT: None. Date published ~ \(\ Prepared by Roger Jensen, Deputy Fire Chief and Tim Hennes, Sr. Building Inspector; 410 E. Washington St., Iowa City, IA 52240; (319) 356-5122 ORDINANCE NO. ORDINANCE AMENDING CITY CODE TITLE 7, ENTITLI;Q FIRE PREVENTION AND PROTECTION, AND TITLE 17, ENJITLED BUILDING AND H SING TO ESTABLISH FIRE AND LIFE SAFETY REQCiiREMENTS FOR NEW AND E STING GROUP A-2 AND B OCCUPANCIES. WHEREAS, City Code Sec ion 7-1-1 adopts the International Fire Code nd City Code Section 17-1- 1 adopts the International Build g Code; and WHEREAS, City Code Sec 'on 7-1-2 amends sections of the Internat' nal Fire Code and City Code Section 17-1-3 amends sections fthe International Building Code; and WHEREAS, the City wishes t provide minimum thresholds for au matic fire sprinkler systems, fire alarm systems, and exit width open gs in Group A-2 occupancies; an WHEREAS, the City wishes to rovide minimum thresholds fo automatic fire sprinkler systems in Group B occupancies; and WHEREAS, it is in the best interest f the City to adopt the a ndments. NOW, THEREFORE, BE IT ORDA ED BY THE CITY C UNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 7, entitled "FIRE PREVENT I TION", Chapter 1, entitled "Fire Code," is hereby amended as follows: Section 102.1 Modify by adding a fifth app 'cability r quirement to the end as follows: 5. A. Existing A-2 Occupancies with an ccupa t load of 299 or more with an Alcoholic Beverage Division License (ABDL) shall compl wi Section 903.2.1.2 by July 1, 2010. Exemption: Single business occupan' in single story nonabutting buildings. B. Existing A-2 Occupancies with an oc pant load of 50-298 located on a floor other than the level of exit discharge and with an 0 shall comply with Section 903.2.1.2 by July 1, 2013. C. Existing B Occupancies located 0 a flo r other than the level of exit discharge and with an ABDL shall comply with Section 3.2.1. by July 1, 2013. D. All existing A-2 Occupancies h an occ pant load of 100-298 with an ABDL shall comply with Section 903.2.1.2, provid d that there a change in business ownership, defined as the sale, transfer, or assignme of any legal r equitable ownership interest, except that the owner may show to the bu' Cling official's sat faction that said change in ownership is one of form and not substance. / Section 903.2.1.2 Delete Sectiopf 903.2.1.2 and insert 'n lieu thereof the following: 903.2.1.2 / A. New Group A-2 OcclJpancies. An automatic sp inkier system shall be provided if one of the following conditions fxist: 1) The fire area e~ceeds 5,000 square feet; 2) The fire areajas an occupant load of 100 or ore; or 3) The fire areiil is located on a floor other than th level of exit discharge. B. Existinq GrouJ:lA-2 Occupancies and Group B Oc pancies. An automatic sprinkler system shall be provi,t1ed throughout the A-2 occupancy if 0 of the following conditions exists: 1) The A-q-occupancy has an occupant load of 299 r more and has an ABDL. Exemption: Single business occupancies in singl story nonabutting buildings; or 2) The 1;(-2 occupancy has an occupant load of 50- 8 and is located on a floor other than the ~vel of exit discharge and has an ABDL; or 3) Gr..0'up B Occupancies located on a floor other than the level of exit discharge and which h~ve an ABDL; or 4) ,~roup A-2 Occupancies with occupant load of 100 more that have an ABDL and are ;'not regulated in B1 or B2 above, provided: / There is a change in business ownership, defined as t sale, transfer, or assignment of any legal or equitable ownership interest, except that th~owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. Section 903.2.1.6 Add a new Section 903.2.1.6 as follows: Section 903.2.1.6. An automatic sprinkler system shall be provided through()ut buildings and portions thereof used as new Group B occupancies with an ABDL or existing group B occupancy with a new (not a 2 renewal) ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system shall be provided throughout the floor area where the new Group B occupancy with an ABDL or where the group B occupancy with a new ABDL is located, and in all floors between the Group B occupancy and the level of exit discharge. Section 907.2.1 Delete the "exception" in Section 907.2.1 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A-2 occupancies with occupant loads of 200 or more, manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system and the alarm notification appliances will activate upon sprinkler water flow. 2) Group A-2. An a tic/manual fire alarm system shall be installed in Group A-2 occupancies with occupant I ds of 200 or more in accordance with Section 907.2.12.2 of the 2006 International Fire Code. Activat n of the fire alarm shall additionally c use: a. Illumination of the prote ed premises to not less than 10 fo t-candles over the area of the room at a height of 30 inc s above the floor; and b. All conflicting or confusing s unds and visual distraction to a omatically stop. Section 1024.2 Delete the "exceptio 'in Section 1024.2 in its en retyand insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A-2, in assembly 0 cupancies where ther is no well-defined main exit or where multiple main exits are provided, exits shall e permitted to be istributed around the perimeter of the building provided that the total width of egress s not less than 1 percent of the required width. 2) The main entrance/exit of A-2 occupa ies shall be 0 a width that accommodates not less than two-thirds of the total occupant load. 2. Titles 17, entitled "BUILDING AND Code," is hereby amended as follows: Section 903.2.1.2 Delete section 903.2.1.2 a d inse in lieu thereof the following: 903.2.1.2 A. New Group A-2 Occupancies. An aut ic sprinkler system shall be provided if one of the following conditions exist: 1) The fire area exce~ds 5,000 squar eet; or 2) The fire area has an occupant 10 0 100 or more; or 3) The fire area is located on a floo oth than the level of exit discharge. B. Existinq Group A-2 Occupancies d Gro p B Occupancies. An automatic sprinkler system shall be provided throughout the -2 occup ncy if one of the following conditions exists: 1) The A-2 occupancy has an ccupant 10 d of 299 or more and has an ABDL. Exemption: Single busines occupancie in single story nonabutting buildings; or 2) The A-2 occupancy has n occupant loa of 50-298 and is located on a floor other than the level of exit dischar and has an AB L; or 3) Group B Occupancies ocated on a floor 0 her than the level of exit discharge and which have an ABDL; or .I 4) Group A-2 Occupa ies with an occupancy oad of 100 or more that have an ABDL and are not regulated i B1 or B2 above, provide' There is a chang in business ownership, de ed as the sale, transfer, or assignment of any legal or equ' able ownership interest, exce t that the owner may show to the building official's satisf<]Ction that said change in owners ip is one of form and not substance. Exemption: Siylgle business occupancies in singl story nonabutting buildings. Section 903.2.1.6 Add a/lew Section 903.2.1.6 as follows: Section 903.2.1.6. An afntomatic sprinkler system shall be proved throughout buildings and portions thereof used as new Groul! B occupancies with an ABDL or existing roup B occupancy with a new (not a renewal) ABDL located Ovl a floor other than the level of exit dischar e. The automatic sprinkler system shall be provided throu~out the floor area where the new Group B 0 cupancy with an ABDL or where the group B occupancYf^'ith a new ABDL is located, and in all floors bet en the Group B occupancy and the level of exit discharge. 3 Section 907.2.1 Delete the "exception" in Section 907.2.1 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: .',,\ 1) Except for Group A-2 occupancies with occupant loads of 200 or'more, marllJal fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system and the alarm notification appliances will activate upo.nsprinkler water flow. / 2) Group A-2. An automatic/manual life alarm system shall be installed in roup A-2 occupancies with occupant.loads of 200 or more in ~ordance with Section 907.2.12.2. of t 2006 International Fire Code. Activation of the fire alarm sha additionally cause: a. Illumination of the protected remises to not less than 10 foot-candl over the area of the room at a height of 30 inches above the flo r; and b. All conflicting or confusing s unds and visual distraction to auto tically stop. Section 1024.2 Delete the "exc tion" in Section 1024.2 in its en . ety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A-2, in asse Iy occupancies where th re is no well-defined main exit or where multiple main exits are provided, exits hall be permitted to b distributed around the perimeter of the building provided that the total width of e ress is not less than 00 percent of the required width. 2) The main entrance/exit of A-2 oc upancies shall b of a width that accommodates not less than two-thirds of the total occupant load. SECTION II. REPEALER. All ordinance and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. / SECTION III. PENALTIES FOR VIOLAT NS. e violation of any provision of this Ordinance is a municipal infraction. SECTION IV. SEVERABILITY. If any sectio ovision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication sha not affect the. validity of the Ordinance as a whole or any section, provision or part thereof not adjudged i id or unconstitutional. SECTION V. EFFECTIVE DATE. This Or nan e shall be in effect upon publication. 1/ / / I I .I / fJ -IQ-O'7 ,20_. Passed and approved this _ day of MAYOR ATTEST: CITY CLERK .I Hisbldg/ord/life safety a-2 ace. doc II 6/7/2007 9:20 AM / I I / / I ; / I / & ~ 1 ~~~~~'! ~... ~IIIII~ _:... CITY OF IOWA CITyrL MEMORANDUM From: Date: July 2,2007 To: City Council Re: Fire/Life-Safety Improv ment Loan Program I have included in Council's packet a summary of what I understand Council agreed to for the loan program at its informal meeting held 6/18/07. Please review this loan program for accuracy. It is my intention to place a resolution authorizing the City Manager to implement the loan program on the Council's formal meeting of 6/24/07. This resolution would be considered at the time Council gives final consideration to the fire/life-safety ordinance. hisadm/mem/fireloan prog.doc 6/22/07 SUMMARY Fire/Life-Safety Improvement Loan Program for Existing A-2 and B Occupancies with an Alcoholic Beverage Division License (ABDL) Total Funds Available City to finance the Life-Safety loan program up to $1,000,000. These funds will be distributed on a "first come basis" as loans to eligible businesses. Eligible Businesses Existing A-2 and B occupancies with an ABDL (approximately 46 businesses) required to upgrade Life-Safety systems. Enrollment Period · Thirty-six months (3 years) from effective date determined by the City. · Work and construction contracts to be approved by the City prior to start of work. · Work started or signed construction contract within 36 months. Eligible Fire and Life-Safety Improvements The cost of materials and labor to install sprinkler systems. Loan Program · Loan not to exceed cost of labor and materials for required Life-Safety improvements. · 1 % interest 5-year loan, or 1 O-year loan with interest rate at City's cost to borrow money. · Loan secured either by lien or letter of credit prior to loan approval. · Cost of lien or letter of credit (e.g. origination fees, etc.) to be paid by property owner. · Change of ownership would require loan to be due and paid in full. Distribution of Funds Completion of work approved by the City. Hisadm/lifesafety loan-grant.doc Page 1 of 1 Marian Karr From: Dave S [dsmuck612002@yahoo.com] Sent: Tuesday, June 19, 200710:19 PM To: Council Hello, I happened to see the city council meeting on TV June 12 which was a replay of the June 5 meeting. I believe the Dublin underground per city code is not allowed to have a sprinkler system if it is not up to code. So if it was installed by a plumber and does not have the proper fittings/certification it needs to be removed. Roger Jenson should have known this and inforce the city code. Does anyone know what is the major cause of starting fires in A2 occupancy's is? If it is smoking maybe all assembly establishments should be smoke free. I believe that sprinklers save lives. I also believe that all retail businesses should have sprinkler systems also. If the city council can stop the ultimate fighting in bars why can't you make the legal drinking age in Iowa City 21 without a special election? It seams like a double standard to me! Thank you Dave S Yahoo! oneSearch: Finally, mobile search that gives answers, not web links. 6/19/2007