HomeMy WebLinkAbout2007-07-24 Ordinance
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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 Ider of approxima Iy 15.42 acres of property located
south and west of Whispering Meado s Drive; and
WHEREAS, the Applicant with the wner's consent has re uested the rezoning of said property
from Medium Density Single F mily Residential (RS ) to High Density Single Family
Residential (RS-12); and
WHEREAS, the Planning and Z ning Commission as determined that, with appropriate
conditions regarding adequate secondary acce s and street connectivity between
neighborhoods, the zoning is in con ormance with th Comprehensive Plan; and
WHEREAS, Iowa Code 9414.5 ( 005) provid that the City of Iowa City may impose
reasonable conditions on granting n applica s rezoning request, over and above existing
regulations, in order to satisfy public eeds ca ed by the requested change; and
WHEREAS, the Owner and Applica ack wledge that certain conditions and restrictions are
reasonable to ensure the developm t the property is consistent with the Comprehensive
Plan and the need to provide for safe d adequate traffic circulation between neighborhoods,
to ensure that streets are not overbur ned with traffic, and to provide for efficient provision of
public and emergency services; and
WHEREAS, the Owner and Ap Icant a knowledge that the increased development that will
result due to the requested up- ning of t e subject property will make it necessary to construct
off-site improvements, name extension of Whispering Meadows Drive, a collector street,
across the abutting public roperty (Syc ore Greenway) to provide necessary secondary
access to relieve traffic co estion on Lake 'de Drive, a collector street, which would otherwise
be overburdened with tra c generated by th proposed development;
WHEREAS, the Own and Applicant agree 0 develop this property in accordance with the
terms and conditions f a Conditional Zoning A
1. Barker evelopment Co. is the legal title older of the property legally described as
follow:
tual promises contained herein, the parties
NOW, THEREFO E, in consideration of the
agree as follows:
CO MENCING AT THE NORTHEAST COR ER OF AUDITOR'S PARCEL 2003100,
10 A CITY, IOWA, IN ACCORDANCE WITH Tt.;lE PLAT THEREOF RECORDED
I BOOK 46, AT PAGE 155, OF THE RECORDS OF THE JOHNSON COUNTY
ECORDER'S OFFICE; THENCE SOoo02'42'W, ALONG THE EAST LINE OF SAID
~UDITORS 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-OO025 cza (3)
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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 EASTUNE, 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. FEET; THENCE N~5027'47"E, 54.47 FEET;
THENCE N16003'10"E, 215.73 FEE; THENCE N00002'4~" ,292.17 FEET; THENCE
S89057' 18"E, 433.17 FEET; THENC SOUTHEASTERLY, 2.80 FEET, ALONG THE
ARC OF A 400.00 FOOT RADIUS URVE, CONCAVE S UTHWESTERL Y, WHOSE
22.79 FOOT CHORD BEARS S8 19'20"E; THENCE1 S86041'22"E, 100.00 FEET;
THENCE SOUTHEASTERLY 22.80 FEET ALONG 1HE ARC OF A 400.00 FOOT
RADIUS CURVE, CONCAVE NO HEASTERL Y,/WHOSE 22.79 FOOT CHORD
BEARS S88019'20"E TO THE POIN OF BEGINN.ING, CONTAINING 15.42 ACRES,
AND SUBJECT TO EASEMENTS AN RESTRICTioNS OF RECORD.
2. The Owner and Applicant acknowled e that the City wishes to ensure conformance to
the principles of the Comprehensive Ian and provide for adequate secondary access
and street connectivity between neig borhoods. Further, the parties acknowledge that
Iowa Code S414.5 (2005) provides thVthe City of Iowa City may impose reasonable
conditions on granting an applicant'l} rezoning request, over and above the existing
regulations, in order to satisfy pUblic,J'f ds caused by the requested change.
3. In consideration of the City's reZ,ci'ning he subject property, Owner and Applicant agree
that development of the subjeCt prop y will conform to all other requirements of the
zoning and subdivision ordin9flces, as ell as the following condition:
. The Owner and/or Applicant will be esponsible for extending Whispering Meadows
Drive to the western/edge of the Syc more Greenway in an alignment determined by
the City Engineer./
l
4. The Owner, the Aiplicant, and the Cit acknowledge that the conditions contained
herein are reason~le conditions to impos on the land under Iowa Code S414.5 (2005),
and that said conditions satisfy public ne s that are caused by the requested zoning
change. / .
.'
5. The Owner, /the Applicant, and the City a knowledge that in the event the subject
property is Jtansferred, sold, redeveloped, or ubdivided, all redevelopment will conform
with the t~lms of this Conditional Zoning Agree ent.
/
6. The parties acknowledge that this Conditional Zo ing Agreement shall be deemed to be
a cove~ant running with the land and with title to e land, and shall remain in full force
and e!ect as a covenant with title to the land, unle or until released of record by the
City 7f Iowa City.
Thd parties further acknowledge that this agreement shall inure to the benefit of and bind
all tuccessors, representatives, and assigns of the parties.
7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning
ppdadmlagUrez06-00025 cza (3)
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Agreement shall be construed to relieve the Owner or Applicant frorl} complying with all
other applicable local, state, and federal regulations.
8. The parties agree that this Conditional Zoning/Agreement shall be inc rporated by
reference into the ordinance rezoning the SU~b'ct property, and that upon doption and
publication of the ordinance, this agreemen shall be recorded in the Joh son County
Recorder's Office at the Applicant's expense
Dated this
day of
,20_.
CITY OF IOWA CITY
Ross Wilburn, Mayor
By:
/
/
/
I
/
.//
Attest:
'4./~
ity Attorney's Office
Marian K. Karr, City Clerk
Approved by:
CITY OF IOWA CITY ACKNOWLEDG
)
) ss:
JOHNSON COUNTY) /
On this day oV _ ' AD. 20_, before me, the
undersigned, a notary publi In and for the State of 10 ,personally appeared Ross Wilburn and
Marian K. Karr, to me per nally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, espectively, of said municip I corporation executing the within and
foregoing instrument; t t the seal affixed thereto is th seal of said municipal corporation; that
said instrument was s' ned and sealed on behalf of sai municipal corporation by authority of its
City Council; and tt~t the said Mayor and City Clerk s such officers acknowledged that the
execution of said ifl'strument to be the voluntary act and deed of said corporation, by it and by
them VOluntzecuted.
STATE OF IOWA
Notary Public in and for the State of Iowa
My commission expires:
ppdadmJagUrez06-OO025 cza (3)
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CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , A.D. 20_, befor me, the undersigned,
a Notary Public in and for the State of Iowa, p rsonally appeared
and , to me personally known, who, bei g by me duly sworn,
did say that they are the and , respectively,
of said corporation executing the within and fo egoing instrument to whi this is attached, that
(no seal has been procured by the said) c rporation; that said inst ment was signed (and
sealed) on behalf of (the seal affixed thereto is the seal of said) said c rporation by authority of its
Board of Directors; and that the said an as
such officers acknowledged the execution of s 'd instrument to b he voluntary act and deed of
said corporation, by it and by them voluntarily ex cuted.
LIMITED LIABILITY COMPANY ACKNOW7E E
STATE OF IOWA )
) ss:
JOHNSON COUNTY) /
/
/ ,A.D. 20 , before me, the undersigned, a Notary
ttye State f Iowa, personally appeared
./ , to me perso lIy known, who being by me duly sworn,
did say that the person ,.,' (title) of
instrument was signed on behalf of the
said limited liability co pany by authority f its managers and the said
cknowledged the executio of said instrument to be the voluntary
act and deed of said li71iability company by it volunta "Iy executed.
/
in and for said County and State
On this _ day of
Public in and
for
I
!
Notary Public
and for the State of Iowa
1/
!
/
I
!
C
ppdadm/agUrez06-OO025 cza (3)
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-fr5e--
Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ06-00026)
WHEREAS, Owner is the legal title holder of ap
of Whispering Meadows, Part 2; and
AGREEMENT
THIS AGREEMENT is made between the Ci y of Iowa City, Iowa, a municipal orporation
(hereinafter "City"), and Barker Development C . (hereinafter "Owner"), and MBHG nvestment
Co., Inc. (hereinafter "Applicant");
WHEREAS, the Applicant, with the Owner's nsent, has requested t e rezoning of said
property from Medium Density Single Family Res ential (RS-8) and Hig ensity Single Family
Residential (RS-12) to Planned Development 0 erlay B (OPD-B) a Planned Development
Overlay 12 (OPD-12); and
WHEREAS, the Planning and Zoning Commission as the revie d the proposed rezoning and
determined that it complies with the Comprehen ive Plan ~ vided that it meets conditions
addressing approval of wetland mitigation, monitori g, and I ng term maintenance of wetlands
created in compensation for wetlands disturbed durin deve pment of the property; and
WHEREAS, Iowa Code 9414.5 (2005) provides th t the City of Iowa City may impose
reasonable conditions on granting an applicant's oning request, over and above existing
regulations, in order to satisfy public needs caused the requested change; and
WHEREAS, the Owner and Applicant acknow dge that certain conditions and restrictions are
reasonable to ensure the development of t prop rty is consistent with the Comprehensive
Plan and the need to protect, monitor, and aintain etland areas; and
WHEREAS, the Owner and Applicant gree to dev lop this property in accordance with the
terms and conditions of a Conditional oning Agreem nt.
NOW, THEREFORE, in conside tion of the mutua promises contained herein, the parties
agree as follows:
1. Barker Development o. is the legal title hol er of the property legally described as
follows:
A PORTION OF THE S THEAST ONE-QUARTER OF SECTION 23 AND A PORTION OF THE
SOUTHWEST ONE-QU TER OF SECTION 24, ALL IN T WNSHIP 79 NORTH, RANGE 6 WEST OF
THE 5TH P.M., CITY OEi IOWA CITY, JOHNSON COUNTY, I WA, THE BOUNDARIES OF WHICH ARE
DESCRIBED AS FOL OWS:
BEGINNING AT HE SOUTHEAST CORNER OF SECTIO 23, TOWNSHIP 79 NORTH, RANGE 6
WEST OF TH 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 F 1318.71 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST ONE-
QUARTER F THE SOUTHEAST ONE-QUARTER OF SAID SECTION 23; THENCE NOoo02'18"E,
1121.93 F ET TO THE SOUTHWEST CORNER OF LOT 13, LAKESIDE ADDITION TO IOWA CITY,
IOWA A ORDING TO THE RECORDED PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE
AUDITOR'S PARCEL 2
!
ppdadmlagtlrez06-OO026 cza
1
99 IN 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"isALONG THE
SOUTHERLY LINES OF SAID LOT 167 AND L S 166. 165, 164. 163, 162 AND PART F LOT 161, A
DISTANCE OF 298.23 FEET TO THE NORTH EST 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 SAI SUBDIVISION; THENCE ,816040'29"W, ALONG A
WESTERLY LINE OF SAID SUBDIVISION, 114.8 FEET; THENCE S01038'48"E, ALONG A WESTERLY
LINE OF SAID SUBDIVISION, 196.14 FEET TO HE SOUTHWEST CORNER OF LOT 147 OF SAID
SUBDIVISION; THENCE S88021'05"W, 111.19 F ET TO THE POINT OF BEGINNING, CONTAINING
34.86 ACRES AND IS SUBJECT TO EASEMENTS NO RESTRICTIONS OF RECORD.
/
,
2. The Owner and Applicant acknowledge that the City/wishes to ensure conformance to
the principles of the Comprehensive Ian a~d/provide for protection of sensitive
environmental features within the City. F rther, t!)e parties acknowledge that Iowa Code
~414.5 (2005) provides that the City of I wa CftY may impose reasonable conditions on
granting an applicant's rezoning reques o~r and above the existing regulations. in
order to satisfy public needs caused by th . quested change.
3. In consideration of the City's rezoning t e subject property, Owner and Applicant agree
that development of the subject prop rty will conform to all other requirements of the
zoning and subdivision ordinances, wel as the following conditions:
1. The wetland mitigation plan st be a proved by the Army Corps of Engineers and
all other applicable State an Federal a encies prior to any development activity;
2. Copies of all site visit re orts and ann al monitoring reports submitted to the Army
Corps of Engineers will e concurrently ent to the City;
3. The wetland mitigati n site will be moni ored by a wetland specialist for a period not
less than 5 years d until 85% of the I ts abutting the wetlands are developed and
the other 15% of e lots are stabilized. Written reports will be submitted to the City
after every site Isit (at least 3 reports p r construction season) and any damage to
the wetlands r paired;
4. Prior to fi I platting, submittal of a intenance plan prepared by a wetland
specialist nd approved by the City for t wetland areas and private open space
within Q tlots A and B, detailing long ,term maintenance responsibilities and
estimat s of maintenance costs. "
4. er, the Applicant, and the City acknowledge that the conditions contained
re reasonable conditions to impose on the land under Iowa Code 9414.5 (2005),
an at said conditions satisfy public needs that are caused by the requested zoning
ange.
ppdadmlagUrezOO-QO026 cza
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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 t IS agreement shall inure to the benefit of and bind
all successors, representatives, and ssigns of the parties.
7. The Owner and Applicant ackn ledge that nothing n this Conditional Zoning
Agreement shall be construed to re ieve the Owner or A licant from complying with all
other applicable local, state, and fe eral regulations.
I
Dated this
day of
CITY OF IOWA CITY
Marian K. Karr, City Clerk
By:
Ross Wilburn, Mayor
Attest:
By:
Approved by:
;L :4U~mjJ r;//;>~
City Attorney's 07ce
CITY OF IOWNCITY ACKNOWLEDGEM
STATE OF I IwA )
~V' ) ss:
~:H:Z COUNTY d:YOf
undersigned, a notary public in and for the Sta
Marian K. Karr, to me personally known, who
Mayor and City Clerk, respectively, of said
ppdadm/agUrez06-OO026 cza
, A.D. 20_, before me, the
of Iowa, personally appeared Ross Wilburn and
ing by me duly sworn, did say that they are the
unicipal corporation executing the within and
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.
Nota ublic in and fort
My ommission expires:
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , A.D. 20_, efore me, the undersigned,
a Notary Public in and for the State of Iowa, per onally appeared
and , to me p rsonally known who, being by me duly sworn,
did say that they are the and , respectively,
of said corporation executing the within and fore oing instru~nt to which this is attached, that
(no seal has been procured by the said) cor ration; tl]at said instrument was signed (and
sealed) on behalf of (the seal affixed thereto is th 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 in~trument to be the voluntary act and deed of
said corporation, by it and by them voluntarily exe uted.
i
LIMITED LIABILITY COMPANY A9KNOWLEDG
STATE OF IOWA ) ;,.
) ss: //
)
Public in and for said County and State
mission expires:
JOHNSON COUNTY
/
I
.I
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 pers nally known, who being by me duly sworn,
did say that the ;person is (title) of
/ , and that s id instrument was signed on behalf of the
said limited liab)1ity company by authority of its managers and the said
; acknowledged the executi n of said instrument to be the voluntary
Id limited liability company by it volunt rily executed.
!
in and for the State of Iowa
n expires:
ppdadmlagUrez06-OOO26 cza
4
}
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 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 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 038'48"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 NOo026'01"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
2uroVed by
/ L tt----:l ~~7;JJtL I;; (;2cfV 7
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 7/24/2007
Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Bailey.
NAYS: None. ABSENT: Wilburn.
Second Consideration
Vote for passage:
Date published
DRAFT
rn
T ft-M 5 Cd) i (e..)
Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REl06-00026)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa CI , Iowa, a municipal corporation
(hereinafter "City"), and Barker Development Co. (hereinafter "0 ner"), and MBHG Investment
Co., Inc. (hereinafter "Applicant");
WHEREAS, Owner is the leg~.1 title holder of approximately 34 6 acres of property located west
of Whispering Meadows, Part ; and
WHEREAS, the Applicant, wit the Owner's particip on and consent, has requested the
rezoning of a portion (approxima Iy 15.42 acres) of s d property from Medium Density Single
Family Residential (RS-8) to High ensity Single Fa Ily Residential (RS-12) and subsequent to
this rezoning, requested a rezonin of the entire 4.86 acres of land from Medium Density
Single Family Residential (RS-8) d High D nsity Single Family Residential (RS-12) to
Planned Development Overlay 8 (0 -8) an Planned Development Overlay 12 (OPD-12),
respectively; and
WHEREAS, the Planning and Zoning Com ission has the reviewed the proposed rezonings and
determined that, with appropriate condit" n regarding adequate secondary access and street
connectivity between neighborhoods d co ditions addressing approval of wetland mitigation,
monitoring, and long term mainten ce of etlands created in compensation for wetlands
disturbed during development of th property, t e proposed zoning is in conformance with the
Comprehensive Plan and should b approved wi said conditions; and
WHEREAS, Iowa Code 9414 (2007) provide that the City of Iowa City may impose
reasonable conditions on gr ting an applicant's zoning request, over and above existing
regulations, in order to satisf public needs directly ca sed by the requested change; and
WHEREAS, the Owner nd Applicant acknowledge nd agree that certain conditions and
restrictions are reason ble and necessary to ensure the development of the property is
consistent with the C mprehensive Plan, to provide fo safe and adequate traffic circulation
between neighborho s, to ensure that streets are not ov burdened with traffic, and to provide
for efficient provisio of public and emergency services; an
WHEREAS, the wner and Applicant acknowledge and agre that the increased development
potential that w' I result due to the requested up-zoning of th subject property along with the
proposed disturbance of a significant portion of the sensitive fe tures will make it necessary to
construct oft,tsite improvements, namely the extension of ispering Meadows Drive, a
collector striet, across the abutting public property (Sycamore Gre nway) to provide necessary
secon~a~access to relieve t~affic c~ngestion on Lakeside Drive, a C9l1e. ctor street, which would
otherwls~ be overburdened With traffiC generated by the proposed development; and
WHEREAS, the City acknowledges the importance of providing affordable housing and in
response to good faith efforts on the part of the Owner and Applicant to provide affordable
housing, the City finds it reasonable to reimburse the developer for half the cost of constructing
the aforementioned street connection across the Sycamore Greenway; and
ppdadm/agUrez06-0002625 whispering mead 4 combined cza
1
WHEREAS, the Owner and Applicant acknowledge and agree that certain conditions and
restrictions are reasonable and necessary to protect, mitigate, monitor, and maintain wetland
areas during and after development of the subject property; and
WHEREAS, to satisfy public needs directly caused by the requested rezonings, the Owner and
Applicant agree to develop the subject property in accordance with the terms and conditions of
a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutu "promises contai ed herein, the parties
agree as follows:
1. Barker Development Co. is the lega title holder of the pro erty legally described as
follows:
A PORTION OF THE SOUTHEAST ONE-QU RTER OF SECTION 23 AND A PORTION OF THE
SOUTHWEST ONE-QUARTER OF SECTION ,ALL IN TOWNSHI 79 NORTH, RANGE 6 WEST OF
THE 5TH P.M., CITY OF IOWA CITY, JOHNSO COUNTY, IOWA, HE BOUNDARIES OF WHICH ARE
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER F SECT N 23, TOWNSHIP 79 NORTH, RANGE 6
WEST OF THE 5TH P.M., CITY OF IOWA CITY, OHN N COUNTY, IOWA; THENCE S89033'59"W,
ALONG THE SOUTH LINE OF THE SOUTH AST ONE-QUARTER OF SAID SECTION 23, A
DISTANCE OF 1318.71 FEET TO THE SOU H EST CORNER OF THE SOUTHEAST ONE-
QUARTER OF THE SOUTHEAST ONE-QUART OF SAID SECTION 23; THENCE NOoo02'18"E,
1121.93 FEET TO THE SOUTHWEST CORNER F LOT 13, LAKESIDE ADDITION TO IOWA CITY,
IOWA ACCORDING TO THE RECORDED PLAT EREOF RECORDED IN PLAT BOOK 9 AT PAGE
99 IN THE RECORDS OF THE JOHNSON CO TY ECORDER; THENCE S89057'18"E, ALONG THE
SOUTHERLY LINE OF SAID LAKESIDE AD ITION IO IOWA CITY, IOWA, 1175.00 FEET TO THE
NORTHWEST CORNER OF LOT 174, W SPERIN MEADOWS SUBDIVISION, PART TWO, TO
IOWA CITY, IOWA ACCORDING TO THE ECORDE PLAT THEREOF, RECORDED IN PLAT BOOK
34 AT PAGE 99 IN SAID RECORDER'S RECORDS; HENCE SOoo02'42"W, ALONG A WESTERLY
LINE OF SAID WHISPERING MEAD WS SUBDIVI ON, PART TWO, 127.00 FEET; THENCE
N89057'18"W, ALONG A WESTER LINE OF S,Ai D SUBDIVISION, 12.29 FEET; THENCE
SOoo02'42"W, ALONG A WESTE Y LINE OF SAI SUBDIVISION, 203.50 FEET TO THE
SOUTHWEST CORNER OF LOT 187 OF SAID SUBDIVI ION; THENCE S89057'18"E, ALONG THE
SOUTHERLY LINES OF SAID L01;/167 AND LOTS 166,16 164,163,162 AND PART OF LOT 161, A
DISTANCE OF 298.23 FEET TO/THE NORTHWEST CORN R OF LOT 154 OF SAID SUBDIVISION;
THENCE SOoo02'42"W, ALONG/A WESTERLY LINE OF SAI SUBDIVISION, 137.50 FEET; THENCE
N89057'18"W, ALONG A W,ESTERL Y LINE OF SAID BDIVISION, 20.00 FEET; THENCE
SOoo02'42"W, ALONG A WESTERLY LINE OF SAID S DIVISION, 175.00 FEET; THENCE
S05044'59"E, ALONG A WESTERLY LINE OF SAID SU DIVISION, 159.34 FEET TO THE
SOUTHWEST CORNER OJ: LOT 150 OF SAID SUBDIVISIO THENCE S16040'29"W, ALONG A
WESTERLY LINE OF SAI~ SUBDIVISION, 114.86 FEET; THENCE 01038'48"E, ALONG A WESTERLY
LINE OF SAID SUBDIVISION, 196.14 FEET TO THE SOUTHWE CORNER OF LOT 147 OF SAID
SUBDIVISION; THENC~ S88021'05"W, 111.19 FEET TO THE POI T OF BEGINNING, CONTAINING
34.86 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIO S OF RECORD.
2. The Owner' and Applicant acknowledge and agree tha the City wishes to ensure
conformanEto the principles of the Comprehensive Plan, p ovide for safe and adequate
traffic circ lation between neighborhoods, protect sensitive e ~ironmental features within
the City, d provide opportunities for affordable housi'ng. Further, the parties
acknowledge and agree that Iowa Code 9414.5 (2007) provides that the City of Iowa
ppdadm/agUrez06-OO02625 whispering mead 4 combined cza
2
City may impose reasonable conditions on granting an applicant's rezoning request, over
and above the existing regulations, in order to satisfy public needs directly caused by the
requested zoning 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 additional conditions:
a) 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; and
b) The Owner and/or Applicant will be responsible for extending lazing Star Drive
across City-owned property as illustrated on the plat in an alignme t approved by the
City Engineer; and
c) The City will reimburse the appli nt for half the reasonabl cost of construction of
the portion of Whispering Meado s Drive that crosses the ycamore Greenway and
Owner/Applicant shall document aid cost prior to reimbu ement; and
d) The City shall reimburse the a plicant for the re sonable cost of the excess
pavement required to meet collect r street standar over that required for a 28-foot
wide local street for the entire len h of the exten on of Whispering Meadows Drive
through the subject developmen and to th western edge of the Sycamore
Greenway and OwnerlApplicant s all docum nt said cost prior to reimbursement;
and
/
e) The Owner and/or Applicant will ma e (~OOd faith effort to provide housing within
the subject development that is affor able to residents with incomes at or below the
Iowa City area median income and ecifically use best efforts to encourage non-
profit groups in the business of prg.vidl g affordable housing to consider Whispering
Meadows Part IV as a possibl,e' loc tion for their projects. The Owner andlor
Applicant will not discriminate ,against uch groups and will act in a reasonable
manner when presented with ~ordable using projects in this development; and
//
f) The City will provide for terr1'porary constr tion easements on city property to allow
for the construction of Wft1spering Meado Drive across the Sycamore Greenway
and for the extension of"Slazing Star Drive ross City owned property as illustrated
on the plat. Upon con~urrence by the City ~ torney's Office, the Director of Public
Works is hereby authdrized to execute those a reements on behalf of the City; and
g) The wetland mitigqf'ion plan must be approved b the Army Corps of Engineers and
all other applicab~ State and Federal agencies p 'or to any development activity on
the subject property; and '
h) Copies of all #e visit reports and annual monitoring reports submitted to the Army
Corps of Engineers will be sent concurrently to the City; and
i) The wetlalld mitigation site will be monitored by a wetland specialist for a period of
not less t~an 5 years and continuing until 85% of the lots abutting the wetlands are
developed and the other 15% of the lots abutting the wetlands are stabilized from
ppdadm/agUrez06-0002625 whispering mead 4 combined cza
3
erosion. Written reports by the wetland specialist shall be submitted to the City after
every site visit and at least 3 site visits and reports shall occur per construction
season. The Owner andlor Applicant shall promptly repair any noted damage to the
wetlands during the monitoring period; and
j) Prior to final platting any portion of the subject property, the Owner/Applicant shall
submit a maintenance plan prepared by a wetland specialist and approved by the
City specifically detailing and assigning long term maintenance responsibilities and
estimating maintenance costs for the wetland areas and private open space within
Outlots A and B.
4. The Owner, the Applicant, and the City acknowledge and agree that the conditions
contained herein are reasonable and necessClry additional cOflditions to impose on the
land under Iowa Code 9414.5 (2007), an at said additional conditions are imposed to
satisfy public needs that are directly ca ed by the requested zoning change.
,
5. The Owner, the Applicant, and the Ci y acknowledge aryd agree that in the event the
subject property is transferred, sold, r developed, or..:~divided, all redevelopment will
conform to the terms of this Conditional oning Agreernt.
6. The parties acknowledge and agree th t this Conditional Zoning Agreement shall be
deemed to be a covenant running with the laneY and with title to the land, and shall
remain in full force and effect as a coven nt with1itle to the land, unless or until released
of record by the City of Iowa City. The p rtie$"further acknowledge that this agreement
shall inure to the benefit of and bind all s cessors, representatives, and assigns of the
parties.
7. The Owner and Applicant acknowledge and gree 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 regu tions.
8. The parties acknowledge and a~ree that thi 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 Applic nt's expense.
Ross Wilburn, Mayor
By:
R DEVELOPMENT COMPANY
Dated this _ day of
,20
CITY OF IOWA CITY
Attest:
~ESTMENT COMPANY, INC.
Marian K. Karr, City.Clerk
By:
Approved by:
/
I
City Attorney's Office
ppdadmlagVrez06-OO02625 whispering mead 4 combined cza
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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, pers6~lIy appeared Ross Wilburn and
Marian K. Karr, to me personally known, who being by me duly worn, did say that they are the
Mayor and City Clerk, respectively, of aid municipal corpor ion executing the within and
foregoing instrument; that the seal affi ed thereto is the seal of aid municipal corporation; that
said instrument was signed and seale on behalf of said munici al corporation by authority of its
City Council; and that the said Mayo and City Clerk as suc officers acknowledged that the
execution of said instrument to be th voluntary act and dee 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 , A.D. 20_, before me, the undersigned,
a Notary Public in and for the State of Iowa, person Iy appeared
and , to me perso lIy known, who, being by me duly sworn,
did say that they are the ad, respectively,
of said corporation executing the within and foregoing i strument 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 0 said) said corporation by authority of its
Board of Directors; and that the said and as
such officers acknowledged/the execution of said instrum t to be the voluntary act and deed of
said corporation, by it and t;>Y them voluntarily executed.
,
,
/
;
!
Notary Public in a d for said County and State
My commission ex ires:
I
(
ppdadm/agVrez06-OO02625 whispering mead 4 combined cza
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LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this _ day of
Public in and
, A.D. 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:
ppdadm/agUrez06-0002625 whispering mead 4 combined cza
. 6
S" e..,
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 S414.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
. Cv~.-' ~~f7J?-cfJ G-!r'J/d)
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 /24/2007
Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Bailty.
NAYS: None. ABSENT: Wilburn.
Second Consideration
Vote for passage:
Date published
--
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 //
_ \/c:?/?2' ~ ~-r7?t~
City Attorney's Office 6,h/ /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 /10/2007 ! ~
Vote for passage: AYES: Bailey, Champion, Elliott, O'Donnell, Vanderhoef, WilbUt'. .
NAYS: None. ABSENT: None. ABSTAIN: Correia i
Second Consideration 7/24/2007
Vote for passage: AYES: Bailey, Champion, Elliott, O'Donnell, Vanderhoef.
None. ABSENT: Wilburn. ABSTAIN: Correia.
Date published
i
I
NAYS: I
I
I
I
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 corner 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
.::zd by
??!'({J( ~.4~?~/e:t:/
City Attorney's Office //, /" ../.
w- / ,,;7//0'7
wpdatalppdadmlordlvac07 -OOO03.doc
'<'""
~', l
c
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, Wilb r ,
Bailey. NAYS: None. ABSENT: None.
Second Consideration 7/24/2007
Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Bailey, Champio .
NAYS: None ABSENT: Wilburn.
Date published
I I
r\A~() # '7
v
Prepared by: Sara F. Greenwood, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240;
319-356-5030
ORDINANCE NO. 07-4?hQ
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 for any persons to possess any open or
unsealed bottle, can, jar or other receptacle containing an alcoholic beverages on any
public street, ground, highway, sidewalk, alley, or public right of way in the city, except if
said person has purchased said alcoholic beverage from an "authorized entity", and is on
an "authorized site", as defined in this chapter. A person shall not possess any open or
unsealed bottle, can, jar or other receptacle containing an alcoholic beverage in any
public place within the city, except premises covered by a license or permit and, when
applicable, a public right-of-way easement agreement.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
P sed and approved this ---2llhday of July ,2007.
:zl!.~
./ City Attorney's Office 7/;1.'(!d7
Ordinance No. 07-4269
Page -L
It was moved by Vanderhoef and seconded by Correia
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
x
X
X
x:
x
X
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
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
8/1/2007
Moved by Vanderhoef, seconded by Correia, 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: Vanderhoef, Bailey,
Champion, Correia, Elliott, O'Donnell. NAYS: None. ABSENT: Wilburn.
7
Prepared by: Sara F. Gre ood, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240;
319-356-5030
ORDINANCE AMENDING TI E 4, ENTITLED "ALCOHOLIC BEVERAGES" TO PROHIBIT
POSSESSION OF OPEN ALCO L1C BEVERAGES ON PUBLIC PROPERTY.
ORDINANCE NO.
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 Iim the prohibited possession to open alcoholic bever ges on public
property.
NOW, THEREFORE, BE IT ORDAI ED BY THE CITY COUNCIL OF THE CITY: OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 4, entitled "Alcoholic Beverage ," Chapter 5, entitled "Prohibitions d Restrictions," Section
5, entitled "Open Containers," paragraph B, titled "Possession prohibited".i.~erebY amended to read:
B. Possession Prohibited: It shall be nlawful for any persons/t6 possess any open or
unsealed bottle can 'ar or other rec tacle containin an ?fcoholic beverages on any
public street, ground, highway, sidewal alley, or public rJ9l'it of way in the city, except if
said person has purchased said alcoholi beverage froo/an "authorized entity", and is on
an "authorized site", as defined ip/this chapter. A person shall not
possess any 0 en or unsealed bottle can 'ar or 0 er rece tacle containin an alcoholic
beverage in any public place within the ty, e ept premises covered by a license or
permit and, when applicable, a public right- - ay easement agreement.
SECTION II. REPEALER. All ordinances a pa s of ordinances in conflict with the provision of this
/
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any se on, provis n or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudicati shall not a ct the validity of the Ordinance as a whole or any
section, provision or part thereof not adj ged invalid or u onstitutional.
SECTION IV. EFFECTIVE DATE his Ordinance sha be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this ,2007.
//
MAYOR /
ATTEST:
CITY C!!RK
Ap7Ved bY. ~ /;
~4ILa~ ~
City Atto,rney's Office Ii' p;, / ~
M~
a
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 07-4270
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.
P ed and approved this 24 tl1:lay of Jul v , 2007.
APprove...d by .~."
~~
City Attorney's Office
(;,-13 '-()1
Ordinance No. 07-4270
Page -L
It was moved by 0' Donne 11 and seconded by
as read be adopted, and upon roll call there were:
r.h::lmp;nn
that the Ordinance
AYES: NAYS: ABSENT:
x
x
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
x Wilburn
First Consideration 6/19/2007
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
R/l/?007
.
I 07 -~-07 ,
Marian Karr
From:
Sent:
To:
Subject:
Andy Knebel [andyknebel@hotmail.com]
Monday, July 16, 2007 3:40 PM
Council
Proposed Amendment
Dear Iowa City Council:
I am writing to voice my support for an amendment that exempts USA Boxing, Inc. sanctioned
amateur boxing events from your proposed new law preventing amateur fighting to be held in
establishments that have an alcohol license.
The reason this law was proposed was due to the unsanctioned and unregulated Union fight
night, not USA Boxing events, which for decades have been held throughout Iowa WITHOUT ANY
PROBLEM at establishments that sell alcohol. It is simply unfair to penalize USA Boxing
when there has not been any problem with their events anywhere in the State of Iowa. I had
the pleasure to attend a USA Boxing event and can assure you that it was well run and
safely conducted.
I think what it comes down to is the intent of the participants,. promoters, and those in
attendance. USA Boxing athletes train with coaches, get physical exams, plan their fights
in advance, behave professionally, and answer to a governing body, USA Boxing.
Thank-you
Andy Knebel
http://im.live.com/messenger/im/home/?source=hmtextlinkjuly07
1
Marian Karr
From:
Sent:
To:
Cc:
Subject:
Kathryn Johansen
Friday, July 13, 2007 2:52 PM
'Teresa Larson'
*City Council
RE: ban on ultimate fighting
Dear Teresa,
Thank you for your e-mail to the City Council regarding amateur fighting and boxing.
Council members do not receive their e-mails directly. Your message will be forwarded to
them as part of their upcoming agenda. If you wish to contact Council members
individually, please visit the City website at www.icgov.org. On the red menu bar click
on "Council" and then on "webpage" under each Council member's photo.
Perhaps I can be of assistance. City Council has given the proposed ordinance two
favorable readings thus far. The third and final reading is expected to take place at the
Council meeting scheduled for July 24. The results of this vote will be posted on our
website. If passed, this ordinance will prohibit amateur fighting and boxing in
establishments that are licensed to serve alcohol.
I trust this information is helpful, Teresa. Thanks again for writing.
Sincerely,
Kathi Johansen
Administrative Assistant
to the City Manager
319 356-5010
-----Original Message-----
From: Teresa Larson [mailto:teresal@CFIOWA.org]
Sent: Thursday, July 12, 2007 12:25 PM
To: Council
Subject: ban on ultimate fighting
Some time ago I saw an article in the Daily Iowan on a proposed ban on ultimate fighting
events in establishments that sell alcohol. I live in Fort Dodge where these fights have
created problems in our downtown area with fighting after the event both within the
establishment and then spilling out to neighboring bars. Most if not all of these
incidents are alcohol related. I am chair of a domestic violence/sexual assault coalition
and we would like to propose such an ordinance here in Fort Dodge. What has happened with
the proposed ban in Iowa City? Have you had any more action on it?
Teresa A. Larson, LBSW
DAIS Coordinator
Children & Families of Iowa
111 Ave. 0 West
Fort Dodge, IA 50501
Phone: 515-573-2193
1
Fax:
515-573-2798
"I object to violence because when it appears to do good, the good is only temporary; the
evil it does is permanent."
-- Mohandas K. Gandhi <http://www.peaceonearthheroes.com/gandhi.htm>
CONFIDENTIALITY NOTICE: The information in this e-mail and any attachments may be legally
privileged and confidential. It is intended solely for the addressee; If you are not the
intended recipient, any disclosure, copying, distribution or any action taken or omitted
to be taken in reliance on it, is prohibited and may be unlawful. If you have received
this e-mail in error, please notify the sender and permanently delete the e-mail and any
attachments immediately. You should not retain, copy or use this e-mail or any attachment
for any purpose, nor disclose all or any part of the contents to any other person.
2
Page 1 of 1
Marian Karr
From:
Adam Meyer [ajmeye@gmail.com]
Tuesday, July 17, 20076:02 PM
Council
Sent:
To:
Subject: Amendment
Hello, my name is Adam Meyer, and I spent the last 4 years living in Iowa City, and continue to spend a
lot of time there since finishing school. I would like to support the amendment which exempts USA
Boxing, Inc. from the proposed law that barrs boxing in establishments with a liquor license. As very
few other businesses would be able to support such events, amateur boxing from a sanctioned group,
such as USA Boxing, Inc., is important to many members of the city. It can be not only a great hobby
for some, but also a constructive way to keep young people from being involved with bad habits such as
alcohol, drugs and violence. Please support the amendment to exempt USA Boxing, Inc. from the
proposed law to ban boxing at establishments with liquor licenses.
7/18/2007
Page 1 of 1
Marian Karr
From:
Sent:
To:
Cindy Parsons [cparsons@icialaw.com]
Monday, July 16, 2007 3:06 PM
Council
Cc: Adam Pollack; ekline435@aol.com
Subject: proposed ordinance regulating amateur fights
Dear Honorable members of the Iowa City Council:
I am writing to express my opposition to the present wording of your proposed ordinance which would ban all
amateur fight events from being held at any establishment holding a liquor license. My daughters are Emily and
Katy Klinefelter, who both have distinguished amateur boxing records and they hold numerous State, national and
even international boxing championships. Their coach is Adam Pollack of Iowa City. When this ordinance was
originally proposed, the sole reason given by the Council members was because there was no other entity which
regulated events such as "Fight Night" at the Union Bar. Now that Adam Pollack has clearly demonstrated to you
that amateur boxing is in fact regulated quite well by USA Boxing, Inc., the proposed ordinance should be
amended to exempt any USA Boxing, Inc. sanctioned and regulated amateur boxing events from the prohibition.
There has been no demonstrated problem with any USA Boxing, Inc. sanctioned events at any local bar - and
since amateur boxing is already regulated by another entity your ordinance should be limited to regulating
unsanctioned fights. As written, the proposed ordinance is overbroad and you are in effect "fixing" a nonexistent
problem. I have attended MANY boxing tournaments and events sanctioned by USA Boxing, Inc., and quite a few
of them, including the Iowa Golden Gloves championships, are held at establishments where beer and liquor are
sold. Never have I seen or heard of any problems which had to do with the serving of alcohol at these events.
I strongly urge you to limit the language and scope of this proposed ordinance so that USA Boxing, Inc.
sanctioned amateur boxing events are exempted from its coverage. Thank you for your consideration.
Sincerely,
Cindy Parsons
Cynthia E. Parsons
Attorney at Law
123 N. Linn St. Suite 300
Iowa City, IA 52245
(319) 337-9659 phone
(319) 354-0559 fax
7/16/2007
Page 1 of 1
Marian Karr
From: Dave Parsons [dave@frohwein.com]
Sent: Monday, July 16, 2007 1 :38 PM
To: Council
Subject: Boxing
It's okay with me if you ban amateur boxing in bars - that I can understand.
But events sanctioned by USA Boxing, Inc. are another thing entirely - 90'7'0 of the
reasoning for the ban is removed.
Someone will need to explain to me why it doesn't make sense to exempt USA Boxing
sanctioned and regulated amateur boxing events from the proposed law barring boxing in
establishments with a liquor license.
Let's not be swatting flies with a sledge hammer.
Dave Parsons
103 South 7th Avenue
Iowa City
7/16/2007
Page 1 of 1
Marian Karr
From: doug@frohwein.com
Sent: Friday, July 13, 200711 :47 AM
To: Council
Subject: upcoming vote
Dear Honorable Council members,
I wanted to pass a short note to you in support of the upcoming vote for
an amendment that exempts USA Boxing, Inc. sanctioned and regulated
amateur boxing events from the proposed law barring boxing in establishments
with a liquor license. There is cl8arly a big difference between the regulated and
unregulated types of boxing. Common sense seems to dictate that if you are going
to write a law that it be even handed, fair and well considered.
I have no financial stake in the outcome of your vote, my interest is strictly personal.
Thanks for all that you do for our City.
Best Regards,
Doug Parsons
This correspondence will become a public record.
7/13/2007
.Jt-<?
Marian Karr
From:
Sent:
To:
Subject:
Adam Pollack [apollack11 @hotmail.com]
Friday, July 20,20079:11 AM
Council
boxing amendment
Attachments:
city council letter (re Union fight night law)(2).doc
city council
!tter (re Union.
Please add the attached letter to the packet for the upcoming July 23 and 24
meetings.
Thank you,
Adam Pollack
1
)?
Adam J. Pollack
220 River Street #2A
Iowa City, Iowa 52246
(319) 338-1633
apollackll CiV,hotmail.com
July 19, 2007
Iowa City Council Members
410 E. Washington Street
Iowa City, Iowa 52240
Dear Honorable Members of the Iowa City Council:
I would like to follow up on my argument in support of an amendment exempting USA
Boxing, Inc. sanctioned and regulated events from the proposed law barring amateur
fighting in places that have an a1cohollicense.
Typically, in America, before legislators pass a law restraining liberty and subjecting
citizens to potentially harsh criminal sanctions, there should be facts in the record
demonstrating the need for the law. The burden of justification should be on the Council,
not the citizens, and legislators should be cautious about the exercise of their power
before subjecting citizens to criminal sanctions and constraining their freedom and liberty
of action, to make doing what has been safely done for decades a criminal act. There is
simply no evidence that would show that alcohol has been a problem at sanctioned USA
Boxing events sufficient to justify this law and to sustain a due process challenge.
The question is not whether there are other places to hold these events, but whether there
are sufficient grounds to enact a law to make it a crime to host a properly sanctioned and
regulated amateur boxing event at a place with a license to sell alcohol. Just because there
are other places to do something, does not mean that citizens' liberty should be
constrained and subject to criminal sanctions for doing something that has caused no
problems. Laws should be narrowly drafted so as to remedy the harm but not to be
overbroad and cover activities that have caused no harm.l
I I note that this law does not bar watching fights on television in bars. If the argument is there are other
places to watch boxing, why not ban televising fights in bars - there are other places to watch. Why not bar
pool tables in bars? Drunk people with pool cues have a weapon to hit each other. There are other places to
play pool. There is a pool table at the recreation center.
To date, for many decades throughout Iowa, both USA Boxing sanctioned and regulated
amateur boxing events and state sanctioned and regulated pro boxing events have taken
place in establishments with an alcohol license, without any problems. Therefore, there
has been no need for a rule similar to the proposed law in Iowa City. The Iowa City
Council's proposed law, at least as it pertains to sanctioned and regulated USA Boxing
Inc. events, is contrary to the evidence of decades of past practice, of crowd and
participant safety at its events throughout Iowa. Even Iowa City cannot point to any
problem in Iowa City that would justify this law as against USA Boxing events.
Therefore, there appears to be no rational factual basis for this law in relation to USA
Boxing sanctioned and regulated events. The concerns about environment are not
grounded in fact.
No other city in Iowa has seen the need to pass such a law. The state oflowa's legislature
has not seen the need to pass such a law. The state athletic commissioner, despite his
regulatory powers, has not seen the need to create such a regulation in relation to either
professional or amateur boxing. If alcohol was a problem in boxing in Iowa, it would
stand to reason that these other entities would have barred it by now. USA Boxing,
despite its potential liability for such events all across the nation, has not seen the need to
pass such a rule. Nor has its insurance company required such a rule. It would make sense
that if there was a problem, it would have been dealt with by now by anyone of these
entities over the past number of decades. There has not been a rule because there is no
need for one. The Iowa City Council cannot point to any facts that would justify such a
law as it relates to regulated USA Boxing events in Iowa.
So why so eager to bar USA Boxing events from having alcohol when everyone else in
Iowa is able to do so, and no city, not the state legislature, nor the state athletic
commission, has felt the need to bar it, despite these events taking place in alcohol-selling
establishments for decades with a good safety record? What happened in Iowa City that
requires something different? What happened was the unregulated Union fight night,
which is fundamentally different from a USA Boxing sanctioned and regulated event,
different from state regulated pro events. We all know that is why this law was proposed,
and that is what the law should cover.
If the Council is being honest, the entire reason this law was proposed was because of the
unsanctioned and unregulated fight night event at the Union bar, which lacked any
oversight. It is clear that the real reason this law was put forth was not in response to
anything legitimate amateur boxing did. Legitimate amateur boxing has gone on in Iowa
for decades with alcohol present, without problem. What has happened in Iowa City that
so necessitates this law other than the unregulated, unsanctioned Union fight night?
Timing is everything. This law was only proposed once the Union event took place.
Therefore, the law should not be overbroad and cover something to which it was not
intended to react. I would imagine that the minutes lack any discussion of legitimate
sanctioned and regulated amateur events when this law first was proposed. It was not an
issue. In all honesty, this was about the unsanctioned Union events.
2
Under this law, the reason for the distinction between regulated pro boxing being okay in
a bar and unregulated boxing not, is the fact of the regulation, not the environment. This
is the only legitimate explanation for allowing regulated pro boxing in alcohol
establishments but not unregulated boxing. It makes clear that the concern was lack of
regulation, not environment. The logical inference is that if these events are going to take
place in a bar, the Council wants to make sure they are regulated.
As stated by the Council, since there is no regulation ofMMA (mixed martial arts) events
that take place at the Union, and the City did not want to get into the business of
regulation, it did not want these events in bars. That is perfectly reasonable and rational.
However, that logic does not apply to sanctioned and regulated USA Boxing events,
which are overseen by USA Boxing, Inc. and its local boxing committee, Iowa Amateur
Boxing, Inc., a state and federally recognized non-profit organization.
Even in the first public meeting, Council members emphasized that they would see this
differently if it was regulated, and encouraged the MMA folks to get the state to regulate
it. That was clearly the issue. After all, pro boxing is regulated, and it can take place in a
bar, even under this proposed law. The logical inference was that if it was regulated, there
would be no problem. If it was problem, then why allow pro boxing in establishments
that sell alcohol?2 Clearly, a rational analysis of the statements made by the Council and
by the law as written reveals that the problem is not with boxing in a bar, but unregulated
boxing in a bar.
USA Boxing events are regulated, something the Council was not aware of when this law
was first proposed. Because USA Boxing, Inc. events are sanctioned and regulated, this
law's rationale is inconsistent as applied to them. In order to maintain logical
consistency, this fact should be sufficient to warrant this amendment. Ifthere have been
no problems and there is no problem with these events taking place for the pros, why
would there be a problem for the amateurs, which actually have a more docile
atmosphere and regulated environment than pro shows have?
If you have ever been to a sanctioned amateur boxing event in Iowa, you would note that
the flavor of these events is not of the kind that would lead to problems. They have not
had problems for decades. The atmosphere, vibe, aura, tenor and tone of these amateur
events are quite tame, even tamer even than that of regulated pro cards. The only logical
reason this law does not cover pro boxing is because it is regulated.3 Therefore, regulated
legitimate amateur boxing should not be covered either.
2 From the fIrst public meeting, on June 19,2007, Honorable member Ross Wilburn said, "The issue is
regulation." He noted that the law did not cover pro boxing, and commented multiple times that his issue
was the fact that it was his understanding that there was no regulation. This was true when it came to Union
MMA fIght nights. This is not the case with USA Boxing events. Honorable member Bob Elliot said that
he would reconsider the issue if it was regulated, that other amateur sports were regulated by governing
bodies such as the NCAA and IHSA, etc., that the lack of regulation was the main reason that he supported
the bill. USA Boxing is a federally recognized national governing body which indeed regulates amateur
boxing pursuant to federal law, the Ted Stevens Amateur and Olympic Sports Act.
3 If the counter argument is preemption, then the preemption argument applies to amateur boxing as well,
because the state does have and does exercise some regulatory authority over amateur boxing.
3
I just went to a USA Boxing sanctioned event where alcohol was sold in Cedar Rapids,
and the crowd was completely docile, in fact vastly more so than the crowd you might
see at an Iowa football game, where a massive crowd legally publicly drinks outside for
hours before entering the stadium. If that is not and has not been a problem sufficient to
warrant legislative action, why amateur boxing?
Every year, the Iowa Golden Gloves hosts its state tournament in an establishment that
sells alcohol. Its former long-time president and current board member was a member of
the state legislature. For decades, the Iowa Golden Gloves has had no problems with
alcohol at its events. The Iowa Golden Gloves board members, as well as Iowa Amateur
Boxing's board members, are part of a state grant advisory committee pursuant to Iowa
Code section 90A.10 which recommends state grants (from taxes levied on pro shows) to
be dispersed to amateur boxing organizations via the state athletic commissioner
(including themselves).
I have never hosted an amateur boxing event in a bar and most likely never will.4 But in
want to host an event in a facility that has an alcohol license, such as the Sheraton, I
should not be prevented from doing so. Answer this hypothetical in your own minds - If I
had hosted a sanctioned and regulated USA Boxing event at the Sheraton, would this law
have been proposed? I think we all know the answer to that. There is a big difference
between what goes on at the Union and what takes place at a sanctioned Iowa amateur
boxing event. Anyone who has seen the two (especially in Iowa) will note that the
difference is remarkable.
Anyone who follows boxing knows that one of the typical venues where boxing occurs
throughout the nation is hotel ballrooms. They have liquor licenses. The Sheraton in Iowa
City has an alcohol license. Why should I be barred from hosting an event in the Sheraton
ballroom just because they have an alcohol license? Assume hypothetically that I decide
not to serve alcohol at my event, or even to allow alcohol into the ballroom while the
event is taking place. Under this law, I still could not have the event at the Sheraton,
because they have an alcohol license. Is that fair to me or the Sheraton? Why is the mere
fact that the establishment has an alcohol license the touchstone?
I would also like the Council to consider an alternative amendment if it is not inclined to
accept my proposed amendment. Would you consider an amendment that says that this
law does apply if the event is regulated by the state and USA Boxing, such as a pro-am
event? This would at least allow me to do a pro-am event at the Sheraton or other similar
facility.
I want to make it clear that my proposed amendment does not suggest in any way that
unsanctioned or unregulated amateur boxing be allowed in establishments with a license
4 I personally do not want amateur boxing in Iowa City to be associated with a bar. Even if I didn't care, the
Union is too small anyway. A USA Boxing approved ring would be too large to fit in there and have any
space for spectators, especially the number that I would have at one of my events, as seen in March 2007.
The ring they used for the Union fight night was quite small and could never be used at an approved USA
Boxing event.
4
to serve alcohol. It is fairly clear that the Council is going to pass that law. I am only
advocating that the amendment affect USA Boxing sanctioned and regulated amateur
boxing events, which the Union fight night is not and cannot ever be sanctioned under
USA Boxing's rules.
The council can approve this amendment, and there will be no adverse repercussions.
There has been none throughout the state of Iowa. At least give us a chance. We have
been conducting legitimate amateur events in Iowa without problems for decades, so
there is no reason to believe that there will be problems in the future. Ifthere ever was a
problem in the future, then the council could easily have the justification to come back to
the table and do away with the amendment. There is nothing more that we can do other
than to cite our clean track record in Iowa. Please do not throw the baby out with the
bathwater.
Sincerely,
Adam Pollack
5
~K
Marian Karr
From:
Sent:
To:
Subject:
Madison Adams [madisonadams@hotmail.com]
Sunday, July 22, 2007 6:25 PM
Council
Amateur Boxing
Dear Council Members,
I am writing to you to express my support for you amemdment to end the union bars "fight
night". Although i agree with the banning of this unregulated dangerous event, i must
express my concern that the banned events include regulated amateur boxing under USA
Boxing Inc. at establishments with a liquor license.
regulated boxing events throughout iowa have been held at establishments with a liquor
license for years including the state funded iowa golden gloves. I support the amendment
put forth exempting USA Boxing Inc. from this ban, as a ban wouldl hurt a legitimate sport
with coralville atheletes such as myself. if regulated amateur boxing contests are banned
from liquor license holding establishments, then great places such as the new sheraton
hotel and other fine places will be banned from holding regulated boxing events.
I sincerely wish you support the amendment to the ruling, and thank you for your time.
Sincerely,
Madison Adams
http://liveearth.msn.com
1
Page 1 of2 ~ ~.
Marian Karr
From:
Sent:
To:
ekline435@aol.com
Sunday, July 22, 2007 8:03 PM
Council
Subject: USA boxing amendment
Dear City Council Members,
My name is Emily Klinefelter. I have been boxing competitively for seven years and I have lived in
Iowa City my entire life (23 years). I am extensively involved with USA Boxing nationally,
internationally, and especially here in Iowa. I just finished serving a three-year term on Iowa Amateur
Boxing's Board of Directors as the Athlete Representative. I am also a USA Boxing registered athlete,
Level II certified Coach, and a level I certified Official.
In all my involvement with USA Boxing events in Iowa, I have found the atmosphere to be extremely
safe and family friendly. At many USA Boxing sanctioned shows in Iowa there is alcohol served. I have
never found this to be a problem in Iowa, or in any other state for that matter. USA Boxing events are
well organized and must abide by strict regulations with safety as the number one goal.
The crowds at these events are well behaved. The vast majority of the audience is comprised of the
boxers' family and friends. USA Boxing sanctioned amateur boxing shows are nothing like barroom
brawls or the Union's Fight Night.
Amateur clubs depend on holding boxing shows to raise funds to support the club. In many cases, the
money earned by holding a show is a club's main source of funds. Often alcohol is sold at shows
because that is what many spectators want, and if alcohol is sold more people will come and more
money will be raised. Also, sometimes a venue will not require rent if they can make money through
alcohol sales.
Please do not include USA Boxing sanctioned events in your ban on amateur fighting in establishments
with liquor licenses. This will restrict the options for venues and could ultimately prevent me from
fighting as a professional in Iowa City. I am going to begin my professional boxing career this year. I
cannot recall that there has ever been professional boxing in Iowa City as long as I've lived here. I think
this is due to the fact that there isn't much demand for professional boxing because there are so many
University of Iowa athletic events.
Prom my perspective, a pro-am (professional and amateur bouts on the same card) would be an ideal
way for me to fight in my hometown. An all professional show is a lot more difficult to set up because it
is usually a much bigger production and ifthe demand isn't there, then it is a difficult sell to promoters.
Ifpassed, your law would not allow me to fight in Iowa City in a pro-am show. We have the experience
to put on a pro-am but are not experienced with purely professional shows.
Please make an exception to USA Boxing sanctioned events. Boxing is already a dying sport and it's
actions like these that make it even harder for it to stay alive.
Sincerely
Emily Klinefelter
7/23/2007
~r
Marian Karr
From:
Sent:
To:
Subject:
Joel Brown Obrown3005@gmail.com]
Tuesday, July 24, 20074:25 PM
Council
Usaboxing and proposed ordinance
Dear Sir or Madam,
I am writing you regarding the proposed law that would bar boxing in establishments with a
liquor license, and in support of the proposed amendment that would exempt USA Boxing,
Inc. sanctioned and regulated amatuer boxing events from this law.
I graduated from the University of Iowa College of Law in May of 2007. During most of that
time I trained with the Iowa City Coralville Boxing Club. In March of 2007 I boxed in the
USA Boxing show that was held in Iowa City. I have boxed in and been a spectator at other
USA Boxing events in Iowa. Although many of those events had alcohol served, it was never
a problem.
Every USA Boxing show that I have boxed in or seen has been rigorously overseen. Before
and after every bout the boxers are examined by a doctor. Without the doctor's permission
the boxer will not be allowed to box, and the doctor, referee, or coach can stop the bout
at any time. In order to box, the boxers must wear headgear and boxing gloves that have
been approved by USA Boxing. The show is overseen by certified officials, certified
coaches, and administrators, and a doctor must be at ringside during all bouts. Matches
are made based On age, weight, and experience.
Referees strictly enforce the rules. In sum, USA Boxing events are rigourously regulated
and overseen, and the risk to the boxers is very low. The atmosphere, even amongst the
crowd, is far different than what you might see at an unregulated unsanctioned barroom
brawl or even a pro show.
USA Boxing events have been held in Iowa at locations with alcohol licenses for decades
without any problems. There should be no reason why USA Boxing events should not be
allowed to continue to do so as they have been doing for decades. Legislatures should be
cautious about limiting freedoms and liberties, and not subject citizens to potential
criminal liability unless their actions demonstrate a proven harm to the community. Thus
far, this is absent at USA Boxing events in Iowa.
Sincerely,
Joel P. Brown
University of Iowa College of Law
J . D. , May 2007
1
~~
17,
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~ ~".
~ 1-- 3-0-1-
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/l0/2007
Vote for passage: AYES: Champion, Correia, O'Donnell, Vanderhoef, Wilburn, Bailey.
NAYS: Elliott. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Page 1 of 1
\
Marian Karr
From: brian f1ynn [bflynn8@yahoo.com]
Sent: Thursday, July 19, 2007 1 :07 PM
To: Council
Subject: The Proposed Amendment to the "Outdoor Service Area" Ordinance
As a bar and restaurant owner, I must say that I am shocked by how far this amendment up for
consideration, regarding the planters in the City Plaza being used for Outdoor Service Areas, has gotten
on the Council's agenda. The situation, from my standpoint, is bittersweet. Although I applaud the
innovation and the Council's willingness to entertain such a concept, I must whole-heartedly disagree
with the Council's decision to move forward on this issue. As the owner of Joe's Place and Donnelly's
Pub (downtown), and the soon to be open BlackStone bar and grill (on the east side), as well as a
property owner, I cannot fathom how this consideration ever went to a vote without anyone contacting
either/and/or the business owners or property owners in the City Plaza. The first vote was on Tuesday
(the 10th), and we received notification on Thursday (the 12th).
I also am disappointed that the Council would consider allowing another business to encompass a
planter that is not in front of the business itself, but in front of another business that sells the same
products during the same hours of operation.
Thirdly, in City Plaza, a planter is a planter... not a beer garden. Although, I love outdoor seating, and
in my opinion the ordinances regarding outdoor service areas are too stringent and should be reviewed,
these ordinance considerations should not hinder the businesses that are in existence. I do not want an
outdoor service area or beer garden, or a cart for that matter, being the only thing people enjoying a meal
in my establishment see. The property lines of buildings in City Plaza only extend so far, on paper... but
"property lines" should be protected by the City to provide businesses in City Plaza the opportunity to
operate fairly.
There are better ways to utilize the areas in City Plaza, this current consideration is not one of them.
Regards,
Brian Flynn
Owner, Joe's Place, 115 Iowa Ave.
Owner, Donnelly's Pub, 110 E. College St.
Owner, BlackStone
(319) 530-5394
Brian J. Flynn
Joe's Place
115 Iowa Ave.
Iowa City, IA 52240
bflynn8@yahoo.com
Ready for the edge of your seat? Check ouUonight'~L1QIU2iQks on Yahoo! TV.
7/19/2007
Page 1 ofl ~
Marian Karr
From:
Sent:
To:
Heather DeBord [heatherdbrd@yahoo.com]
Monday, July 23, 2007 2:58 PM
Marian Karr
Subject: Saloon outdoor seating
Marian,
I am writing to follow up on our discussion regarding the outdoor seating for the Saloon in the planter
area in the pedestrian plaza. We continue to be excited on moving forward with this plan however we
are sensitive to any concerns raised by the adjoining property owners. The original drawing considered
for the council to consider showed seating on the planter area in front of Donnelly's. While our strong
preference is to continue with the seating in such a way that has no seating in front of Donnelly's, our
neighbor to the west.
Again we believe the original drawing is fair for all property owners and would be the best use of the
property for the public enjoyment however, if majority of council feels that this realignment of seating is
necessary for us to move forward, we would be willing to proceed in this fashion. Please give me a call
if you have any questions. Thank you for your consideration.
sincerely,
Jim Mondanaro
631-0437
Take the Internet to Go: Yahoo!Go puts the Internet in your.pock~~ mail, news, photos & more.
7/23/2007
;:5
*
PATH OF EGRESS
-
~ WOMEN'S RR
133 SF
::..
~
-
\'S
----0
--
....
~ MEN'S RR
~ 131 SF
'--..J
SUMMARY:
RESTAURANT (LVL 1) A-2 2,248 SF
APARTMENT (LVL 2) R-2 927 SF
1 HOUR SEPARATION BE1WEEN USES
CONSTRUCTION TYPE- IIIB
FULLY SPRINKLED
6
6
6
PLUMBING FIXTURE REQUIREMENT: MALE
(RESTAURANTS WHICH SERVE ALCOHOL) 60
FEMALE
60
WATERCLOSETS... 1 2
URINALS................. 1
LAVATORIES.......... 1
(STAFF RESTROOMS PROVIDED ON LOWER LEVEL)
6
BOOTHS:
138 LF /2 =
69 PEOPLE
INTERIOR OCCUPANTS
OUTDOOR OCCUPANTS
81 PEOPLE
39 PEOPLE
120 TOTAL OCCUPANTS
BAR - SEATING:
23.5 LF /2 =
12 PEOPLE
(@
NEUMANN MONSON
ARCHITECTS
6
6
6
TOTAL NON-STAFF
INTERIOR
OCCUPANTS = 81
5
FE
OVERHEAD CONNECTING LINK
AREA UNDER OVERHEAD CONNECTION
AND BE1WEEN PLANTERS = 247 sf
WEST PLANTER: 81 sf - 6 OCCUPANTS (13.5 sf/person per IPC 1004.2)
EAST PLANTER: 445 sf - 33 OCCUPANTS (13.5 sf/person per IPC 1004.2)
----7---
^ PROFESSIONAl CORPORATION
112 E. COLLEGE ST.
RENOVATION
Sheet No:
A-0002
Date: 07.23.07
22' E. COllEGE 5T IOWA CITY. IA 52240 Project No.: 06.031
trCj
Marian Karr
From:
Sent:
To:
Subject:
thomaskdean@mchsi.com
Tuesday, July 24, 2007 2:39 PM
Council
Concern over restaurant seating plan on Ped Mall
Dear Council:
I read today's Press-Citizen account of possible plans to convert significant portions of
the pedestrian Mall, including the removal of planters, into private restaurant space for
the Saloon. If the plans are described accurately in the newspaper, I must object to such
a significant alteration of the Ped Mall's public space. Although the small areas of
outside restaurant tables throughout downtown are positive additions to the ambiance and
cultural life of the central city, such a large open, public space being converted into
restaurant seating for one establishment violates the spirit of the public nature of the
ped Mall.
The huge seating area of Givanni's was a travesty for downtown Iowa City's most important
asset. Please do not allow private business to continue encroaching so significantly onto
the college Street area of the ped Mall--a public space that should remain public.
Thank you,
Thomas Dean
Iowa City resident
1
$1
Marian Karr
From:
Sent:
To:
Subject:
Debbie [redheadeb@gmail.com] on behalf of Debbie [debbie@pobox.com]
Tuesday, July 24,20073:10 PM
Council
sidewalk cafe proposal
Dear Iowa City Council Members,
Please, please vote no on the proposal to convert planters on the ped Mall to "beverage
gardens" for the Saloon. This is public space and should remain so, not be subverted to
another money-making scheme for one business. There is already too much of this type of
space on the ped Mall, this will make it even worse. I am very much against this proposal
and urge you to reject it.
Debbie Cowherd
636 S Dodge St Apt 5
Iowa City IA 52240
1
Page 1 of 1
':#1
Marian Karr
From: Cat Fribley [cat-fribley@msn.com]
Sent: Tuesday, July 24, 2007 2:31 PM
To: Council
Subject: Keep the ped mall planters as public space
Good afternoon, Councilors.
I am writing to ask that you vote no when asked to allow use of the ped
mall and planters for a sidewalk cafe component of the Saloon. The ped
mall is a fantastic piece of Iowa City, made livable and beautiful (and
eco-friendly!) by the planters that exist there. Allowing a business to
subsume those planters into a sidewalk cafe would detract from the ped
mall's openness and accessibility, and I urge you to vote no on the
matter below, when it is raised this evening.
Thank you for your work for Iowa City, and for a vote no.
Cat Fribley
CONSIDER AN 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. (SECOND CONSIDERATION)
7 /24/2007
Page 1 of 1
:;:r '1
I
Marian Karr
From:
Sent:
To:
Geoffrey Lauer [glauer@biaia.org]
Tuesday, July 24,20072:29 PM
Council
Subject: Sidewalk Cafe
Dear City Councilors,
I am writing to express my concern regarding a proposal to establish two designated green spaces in the middle of the southwest end of the
pedestrian mall to be converted into a seating area for the Saloon, 112 E. College St.
I do not believe this meets the needs of our community not the other business owners who would be impacted by the decision.
Appealing yes - but not in our long term collective interest.
I am a lifelong Iowa City resident.
Thank you for your consideration of my opinion.
Geoff
<><><><><><><><><>
Geoffrey Lauer
Executive Director
Brain Injury Association of Iowa
741 Dearborn Street
Iowa City, IA 52240
319-621-7078 (phone)
800-381-0812 (fax)
g1~~{@.Qiaiaom
www.biaia.org
7/24/2007
Page 1 of 1
*1
Marian Karr
From: Cara Hall [Cara@westwinded.com]
Sent: Tuesday, July 24, 2007 2:15 PM
To: Council
Subject: No to converting planters to seating
I moved to Iowa City because I love the Ped Mall because of how green it is! Taking away the
greenery would be awful. It's bad enough that we have too many bars downtown. We need
something to balance out bars/restaurants to greenery. And people who do work downtown
. look forward to walking around in the ped mall during their breaks and a place for families to
bring there kids. So please vote No tonight. I'm sure most of the residents would agree with
me.
Cara Hall
Project Assistant
West Wind Education Policy, Inc.
319-354-WEST (9378) ext. 101
877-354- 9378 ext. 101
325 E Washington Street, Suite 205
Iowa City, IA 52240-3959
7/24/2007
--I(: (
Marian Karr
From:
Sent:
To:
Subject:
juliet-reid@uiowa.edu
Tuesday, July 24, 2007 1 :05 PM
Council
beer garden??
As a student of the University of Iowa in Iowa City, and as a person who spends all of my
time in this city, I am strongly opposed to the instigation of two pedmall flower gardens
being converted into beer gardens for new restaurants.
Please supply representation of my opinions, and the opinions of those who agree with me.
Thank you,
Juliet Reid
1
Marian Karr
Page 1 of 1;# r
From: Analiese Bendorf [ambendorf@gmail.com]
Sent: Tuesday, July 24, 2007 12: 13 PM
To: Council
Subject: VOTE NO ON MONDANARO's PROPOSAL
Vote NO on Mondanaro's proposal. The LAST thing the Ped Mall needs is a Beer Garden.
7/24/2007
Page 1 Of~1
Marian Karr
From: IIse Bendorf [ibendorf@gmail.com]
Sent: Tuesday, July 24, 2007 11 :56 AM
To: Council
Cc: Ross Wilburn; Regenia Bailey; connie-champion@iowa-city.org; Amy Correia; Mike O'Donnell; Dee
Vanderhoef; bob-elliott@iowa-city.org
Subject: Oppose Mondonaro's Sidewalk Cafe Proposal!
Dear Mayor Wilburn and Members of the Iowa City City Council,
My name is Ilse Bendorf. Please consider my perspectives before you vote tonight on the proposal that
would convert two Ped Mall planters into "sidewalk cafe" for Saloon restaurant. This proposal will NOT
be good for downtown, and here are a few major reasons:
1) Quality of Life. This proposal hits very close to home for me-- literally. For two years I have lived
above Joseph's Steakhouse. The Pedestrian Mall is the closest thing to a backyard for me, for many of
my fellow students, and, increasingly, older professionals. For many of us, the Ped Mall is not merely a
place we visit for dinner on Friday night-- Our daily lives center around the space. One of my most-
treasured rituals is to grab an early-morning coffee at the Java House and take a seat in the Ped Mall to
watch it "wake up"-- I love watching city workers carefully tend to the planters. I already struggle with
daily frustration by the obtrusiveness of Givanni's oversized sidewalk cafe. Where will we draw the
line? The Ped Mall is a public space and should not be trampled in the interest of private profit. Our
planters provide a crucial "slice of heaven" in the increasingly urbanized environment of downtown
Iowa City. More high-rises means more downtown residents, which means the Ped Mall needs to serve a
greater purpose than just a tabula rasa for businessmen. Gardens in downtown areas are huge assets to
the quality of life, and should not be discarded without serious consideration to the possible trends that
could be spurred by voting "YES" tonight.
2) It just makes good business sense. The truth is that Iowa Citians care a great deal about protecting
nature and our environment. Voting "NO" would send a loud message that you are, in fact, representing
your constituents. Being eco-friendly is "cool" these days, and protecting these planters will win you the
support and trust of many people. Also, city rankings often pay attention to the amount of flora within
the downtown area. Many young Iowa graduates flee to places with outdoorsy reputations: Seattle,
Boulder, Portland. An aerial view of Seattle shows high-rises dotted with flourishing roof gardens; a
stroll through Boulder illuminates tulips in their ample planters. Voting "NO" will help keep young
people in Iowa City. Outside magazine recently voted Iowa City the best Midwest town for "outdoor
activities." While the planters don't directly facilitate outdoor activities, they do support the city's
reputation as a town where nature, too, has its place. Let's not throwaway a good thing. Finally, the fact
that this proposed sidewalk cafe would stretch in front of two neighboring establishments is completely
unacceptable, from a business standpoint.
Your votes on this proposal will speak loudly about your priorities: Do you want to sacrifice a public
quality of life for a private profit, or do you want to put your foot down?
Council Members, I urge you to vote "NO" on this proposal.
Sincerely yours,
Ilse M. Bendorf
7/2412007
qt:r
Marian Karr
from:
Sent:
To:
Subject:
mjc [mcrane@lcom.net]
Tuesday, July 24, 2007 10:25 AM
Council
the ped mall
taking away more of the green space at the ped mall and converting it
into more drinking space? not a good idea, at all! do not pass this
resolution, please!
michael crane
1
l I\4.~
c
~. t')
\,
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. 07-4271
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) shall 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 non abutting 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 groupS occupancy with a new (not a
Ordinance No. 07-4271
Page
2
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.
Ordinance No. 07-4271
Page 3
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.
July
,20~.
EST: ~~ ~'~-uJ
CITYLERK
~. VXL
City Attorney's Office
'7-3 - ()'7
Hisbldglord/life safety a-2 ace. doc
6/28/07
Ordinance No. 07-4271
Page ~
It was moved by Vanderhoef and seconded by
as read be adopted, and upon roll call there were:
Champion
that the Ordinance
AYES: NAYS: ABSENT:
x
x
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
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 / 7007
Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Correia. NAYS: None. ABSENT: None.
Date published 8 /1/ 2007