HomeMy WebLinkAbout2007-11-27 Ordinance
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Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
ORDINANCE NO.
AN ORDINANCE TO REZONE APPROXIMATELY 0.48 ACRES OF LAND LOCATED AT THE
NORTHWEST CORNER OF THE INTERSECTION OF LINN AND COURT STREETS FROM CENTRAL
BUSINESS SUPPORT (CB-5) ZONE TO CENTRAL BUSINESS (CB-10) ZONE.
WHEREAS, the applicant, Big Ten Rentals, LLC, has requested a rezoning of an approximately 0.48-
acre property located at the northwest corner of the intersection of Linn and Court Street, otherwise known as
228 E. Court Street, from Central Business Support (CB-5) to Central Business (CB-10) Zone.
WHEREAS, the Planning and Zoning Commission has recommended denial of this request based on
findings that the proposed project for this property would not be a logical extension of the downtown and that
the proposed project does not meet the legislative intent of the recent amendments to the Near Southside
Plan.
WHEREAS, the City Council does not concur with the recommendation of the Planning and Zoning
Commission and finds it in the public interest to approve this rezoning request.
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 Central Business
Support (CB-5) Zone to Central Business (CB-10) Zone:
LOT FOUR (4) IN BLOCK ONE HUNDRED THREE (103), ORIGINAL TOWN OF IOWA CITY.
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Ordinance are hereby repealed.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 , 2007.
MAYOR
ATTEST:
CITY CLERK
ZdbY
~Yk:/veA-/
City Attorney's Office 1~/1'/v7
, "6~07 I
Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ07-00015)
ORDINANCE NO.
AN ORDINANCE AMENDING A PREVIOUSLY APPROVED SENSITIVE AREAS
DEVELOPMENT PLAN AND REZONING OF APPROXIMATELY 10.41 ACRES OF PROPERTY
LOCATED EAST OF HIGHWAY 218 AND SOUTH OF MELROSE AVENUE
WHEREAS, Dav-Ed Limited and Prime Ventures Construction Inc. have applied for amending a
previously approved Sensitive Areas Development Plan and Rezoning of approximately 10.41 acres of
property; and
WHEREAS, said property is located on the east of Highway 218 and south of Melrose Avenue; and
WHEREAS, in February 2006, a waiver from the subdivision regulation of maximum street length of a
cul-de-sac street to minimize the disturbance of the sensitive areas on the property was also approved and
therefore, a sensitive area overlay rezoning was required; and
WHEREAS, per Sensitive Areas Ordinance (14-51) a sensitive areas development plan was approved
showing delineation of all the regulated environmentally sensitive features on the property including
regulated slopes and their associated buffers, woodlands and wooded groves, and construction area limit
lines on lots 8 through 15 and lots 17 though 22 to provide adequate protection to the sensitive areas; and
WHEREAS, the applicants have now applied for amending the construction area limit lines on lots 8, 9,
12, 15 and 19 through 22 to allow for additional developable areas on the said lots; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed amendments, has heard
pUblic input, and has determined that amendments are generally consistent with the Code and in the
interest of public, provided measures are taken to ensure long-term stability of the impacted slopes and their
associated buffers, minimize soil erosion, improve the woodlands, and compliance with construction area
limits; and
WHEREAS, the Planning and Zoning Commission has recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The proposed amendments to said Sensitive Areas Development Plan for
the property zoned as Sensitive Areas Overlay/Low Density Single-Family Residential Zone (OSNRS-5)
and described below, is hereby approved:
BEGINNING AT THE NORTHWEST CORNER OF LOT 64 OF GALWAY HILLS SUBDIVISION - PART
THREE IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 37 AT PAGE 268
OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N47013'15'W
ALONG THE EASTERLY RIGHT-OF-WAY LINE OF PRIMARY ROAD NO. 218, DISTANCE OF 463.34
FEET; THENCE N41031'43"W, ALONG SAID EASTERLY WEST RIGHT-OF-WAY LINE, 162.11 FEET;
THENCE N43021'50"W, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 189.34 FEET; THENCE
N30016'13"W, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 365.14 FEET; THENCE N25031'06'W,
ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 180.67 FEET, TO ITS INTERSECTION WITH THE
SOUTHERLY RIGHT-OF-WAY LINE OF MELROSE AVENUE; THENCE N88008'02"E, ALONG SAID
SOUTHERLY RIGHT-OF-WAY LINE, 387.90 FEET; THENCE N84047'00"E, ALONG SAID SOUTHERLY
RIGHT-OF-WAY LINE, 121.65 FEET; THENCE N57015'OO"E, ALONG SAID SOUTHERLY RIGHT-OF-
WAY LINE, 34.44 FEET, TO A POINT ON THE WESTERLY LINE OF GALWAY HILLS SUBDIVISION-
PART TWO, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 35 AT PAGE
269 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S32047'55"E,
ALONG SAID WESTERLY LINE, 206.73 FEET; THENCE S21037'22"E, ALONG SAID WESTERLY LINE,
Ordinance No.
Page 2
542.61 FEET; THENCE S13040'39"E, ALONG SAID WESTERLY LINE, 85.91 FEET; THENCE
S42041'26'W, ALONG SAID WESTERLY LINE, 50.00 FEET; THENCE SOUTHEASTERLY, 112.56
FEET, ALONG SAID WESTERLY LINE ON A 179.64 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, WHOSE 110.73 FOOT CHORD BEARS S65015'35"E; THENCE S06047'23"W,
ALONG SAID WESTERLY LINE, 155.65 FEET, TO A POINT ON THE NORTHERLY LINE OF LOT 64
OF SAID GALWAY HILLS SUBDIVISION - PART THREE; THENCE S42041'26"W, ALONG SAID
NORTHERLY LINE, 54.27 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS
10.41 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
SECTION II. COMPLIANCE MEASURES. Per Sensitive Areas Ordinance (14-51-5), approval of the
Sensitive Areas Development Plan is subject to provisions and restriction set forth in said plan and legal
papers, and in this instance, shall also include compliance with the following:
1. Slopes - Maintaining a consistent grade from building lots into outlots and avoiding "overfalls"
from lots onto the steep slopes on the construction limits and outlots
2. Soil quality - Amending the soil on each lot with compost and avoid compaction to create a
healthy soil structure that can absorb a large amount of water, decreasing the erosion potential
and impact on critical slopes
3. Timber improvements - Removing invasive species and weed trees to open up the forest canopy
to allow for regeneration of desirable trees, and light to the forest floor
4. Planting native woodland grasses and flowers in the understory to prevent soil erosion
5. Storm water management - Treating storm water at the lot level with infiltration based practices
to reduce erosion and improve water quality, for example, rain gardens can infiltrate and treat rain
from roofs, decrease the amount of direct water flow onto the steep slopes and ravine
6. Temporary construction fencing shall be put in place along the construction area limit lines prior
to development of the individual lots.
Confirmation that these conditions have been adhered to, shall be provided at the time of issuance of
building permit, construction run-off permit, and certificate of occupancy. Any development activity at
variance with the approved plan and/or associated legal papers shall be deemed a violation of these
regulations and subject to any enforcement action and penalties allowed according to article 14-7-C
"Penalties and Enforcement".
SECTION III. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance and
the associated Preliminary Sensitive Areas Development Plan, the City Clerk is hereby authorized and
directed to certify a copy of this ordinance and the Preliminary Sensitive Areas Development Plan and to
record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense,
all as provided by law.
SECTION 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_.
ATTEST:
MAYOR CITY CLERK
Approved by
peel/staff reports/ord/REZ07 -00015.doc
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
First Consideration 11/27/2007
Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, O'Donnell, Vanderhoef.
NAYS: None. ABSENT: Elliott.
Second Consideration
Vote for passage:
Date published
Galway Hills Part 4
1. Applicant is Prime Ventures Construction Inc.
2. Hosted several neighborhood meetings.
3. This application is simply to request the
adjustment of the construction limit line on
specific lots.
4. Prime Ventures plans to build some of their top
selling plans which are being built in other cities.
T,he,se are affordable hom.es in toda 's .mark'et
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1. Proposed Critical Slope - 340/0. This is an increase of
40/0 from the original plat.
2. Proposed Steep Slope - 630/0. This is an increase of 10/0
from the original plat.
3. Proposed Woodland disturbance - 370/0. This is an
increase of 40/0 from the original plat. The maximum
allowable by the City of Iowa City is 500/0.
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Galway Hills Part 4
Sensitive Areas
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· Thank you.
· Any Questions??
"
Prepared by: Sunil Terdalkar, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 (SUB07-00007/SUB07-
00008)
RESOLUTION NO.
RESOLUTION APPROVING THE AMENDED PRELIMINARY AND FINAL PLAT OF
GALWAY HILLS SUBDIVISION - PART IV, IOWA CITY, IOWA.
WHEREAS, the applicants, Dav-Ed Limited and Prime Ventures Construction Inc., filed with the City
Clerk the preliminary plat and Sensitive Areas Development Plan, and the final plat of Galway Hills
Subdivision - Part IV, Iowa City, Iowa to amend the previously approved Sensitive Areas
Development Plan; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Iowa, to
wit:
BEGINNING AT THE NORTHWEST CORNER OF LOT 64 OF GALWAY HILLS SUBDIVISION-
PART THREE IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 37
AT PAGE 268 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE ;
THENCE N47013'15"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF PRIMARY ROAD
NO. 218, DISTANCE OF 463.34 FEET; THENCE N41031'43"W, ALONG SAID EASTERLY WEST
RIGHT-OF-WAY LINE, 162.11 FEET; THENCE N43021'50"W, ALONG SAID EASTERLY RIGHT-
OF-WAY LINE, 189.34 FEET; THENCE N30016'13''W, ALONG SAID EASTERLY RIGHT-OF-
WAY LINE, 365.14 FEET; THENCE N25031'06"W, ALONG SAID EASTERLY RIGHT-OF-WAY
LINE, 180.67 FEET, TO ITS INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE
OF MELROSE AVENUE; THENCE N88008'02"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY
LINE, 387.90 FEET; THENCE N84047'00"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,
121.65 FEET; THENCE N57015'OO"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 34.44
FEET, TO A POINT ON THE WESTERLY LINE OF GALWAY HILLS SUBDIVISION - PART
TWO, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 35 AT PAGE
269 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE
S32047'55"E, ALONG SAID WESTERLY LINE, 206.73 FEET; THENCE S21037'22"E, ALONG
SAID WESTERLY LINE, 542.61 FEET; THENCE S13040'39"E, ALONG SAID WESTERLY LINE,
85.91 FEET; THENCE S42041'26"W, ALONG SAID WESTERLY LINE, 50.00 FEET; THENCE
SOUTHEASTERLY, 112.56 FEET, ALONG SAID WESTERLY LINE ON A 179.64 FOOT RADIUS
CURVE, CONCAVE NORTHEASTERLY, WHOSE 110.73 FOOT CHORD BEARS S65015'35"E;
THENCE S06047'23"W, ALONG SAID WESTERLY LINE, 155.65 FEET, TO A POINT ON THE
NORTHERLY LINE OF LOT 64 OF SAID GALWAY HILLS SUBDIVISION - PART THREE;
THENCE S42041'26"W, ALONG SAID NORTHERLY LINE, 54.27 FEET, TO THE POINT OF
BEGINNING. SAID TRACT OF LAND CONTAINS 10.41 ACRES, MORE OR LESS, AND IS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined and approved the proposed amendments to the Sensitive Areas Development
plan to allow for additional buildable lot areas by revising the construction area limits; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed preliminary plat and final plat and subdivision, and
recommended approval; and
Resolution No.
Page 2
WHEREAS, the Planning and Zoning Commission examined the proposed amendments to the
preliminary plat and Sensitive Areas Development Plan, the final plat and the subdivision, and after
due deliberation, recommended acceptance and approval of said plats and subdivision subject to
compliance measures to ensure long-term stability of the impacted slopes and their associated
buffers, minimize soil erosion, improve the woodlands, and compliance with construction area limits;
and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said Amended preliminary plat and Sensitive Areas Development Plan, final plat, and
the subdivision are found to conform with Chapter 354, Code of Iowa (2007) and all other state and
local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said amended preliminary plat and Sensitive Areas Development plan, final plat and
subdivision located on the above-described real estate be and the same are hereby
approved, subject to:
a. Slopes - Maintaining a consistent grade from building lots into outlots and avoiding
"overfalls" from lots onto the steep slopes on the construction limits and outlots
b. Soil quality - Amending the soil on each lot with compost and avoid compaction to
create a healthy soil structure that can absorb a large amount of water, decreasing
the erosion potential and impact on critical slopes
c. Timber improvements - Removing invasive species and weed trees to open up the
forest canopy to allow for regeneration of desirable trees, and light to the forest
floor
d. Planting native woodland grasses and flowers in the understory to prevent soil
erosion
e. Storm water management - Treating storm water at the lot level with infiltration
based practices to reduce erosion and improve water quality, for example, rain
gardens can infiltrate and treat rain from roofs, decrease the amount of direct water
flow onto the steep slopes and ravine
f. Temporary construction fencing shall be put in place along the construction area
limit lines prior to development of the individual lots.
Confirmation that these conditions have been adhered to, shall be provided at the time of
issuance of building permit, construction run-off permit, and certificate of occupancy. Any
development activity at variance with the approved plan and/or associated legal papers shall
be deemed a violation of these regulations and subject to any enforcement action and
penalties allowed according to 14-7-C, "Penalties and Enforcement".
2. The City accepts the dedication of the streets, easements as provided by law and specifically
sets aside portions of the dedicated land, namely streets, as not being open for public access
at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents, the
preliminary plat and the sensitive areas development plan, and the final plat at the office of
the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider.
pcdIstaff report!reslPrelimFinal-resSUB07 -00007 -8 GelwayPartlV _Amended. doc. doc
Resolution No.
Page 3
Passed and approved this
day of
,20_"
MAYOR
Approved by
ATTEST:
CITY CLERK
~~~
City Attorney's Office I//N/"7
It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
pcdIstaff reportlreslPrelimFinal-resSUB07 -00007 -8 GalwayPartlV _Amended.doc.doc
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CITY OF IOWA CITY
MEMORANDUM
Date: October 18, 2007
To: Planning and Zoning Commission
From: Sunil Terdalkar, Associate Planner
Re: Galway Hills Subdivision - Part IV
At your last meeting, you requested additional information/clarification about the following issues
related to the proposed amendment to the Preliminary and Final Planned Development Plan:
Inspectors from the Housing Inspection Services Department visited the site with
representatives of the applicant and confirmed that development activity has been carried out
beyond the existing construction limits on lots 19, 20, and 21, as well as lot 8 (see attached
memo from Julie Tallman). Silt fences have been installed farther into the lots than that shown
on the plans and beyond the construction limits. The excavated materials from lots 19 and 20
were moved and stored in this area. To correct this situation, the applicant has removed the soil
from this area and laid a wood mulch to prevent soil erosion. The applicant has also been
directed to seed the areas for temporary coverage. The applicant has also installed a temporary
construction fence on the existing construction limit line to prevent further violation of the limit.
As noted in the October 4th staff report, to help prevent any additional encroachment beyond
the construction limit line, staff recommends that temporary construction fencing be installed for
the remainder of the subdivision to demarcate the construction limit line.
The applicant has provided a drawing showing the existing construction limit line, existing
construction activity and proposed construction limit line (see attacment).
There was a question about what is allowed to occur within the conservation area. The
Sensitive Areas Ordinance allows practices associated with "timber management standards" as
defined by the International Society of Arboriculture. Timber management typically includes
activities such as removing dead or diseased trees, and clearing of invasive species to maintain
a healthy woodland. The Best Management Practices published by the office Iowa Department
of Natural Resources can also be referred to for more guidance.
The applicant has also provided a revised set of plat drawings with notations about the
recommendations from the office of Johnson County Soil and Water Conservation District to
provide stability to the soil, improve the quality of the stormwater runoff and maintaining the
woodlands. Confirmation that these conditions have been adhered to, should be provided at
various stages, such as issuance of building permit, construction run-off permit, and certificate
of occupancy. These measures should be addressed in the legal papers for the final plat.
The applicant has indicated that they are organizing a neighborhood meeting to discuss the
concerns and comments of the neighboring property owners and the neighborhood associatfon.
The results of the meeting will be reported at the October 18 Planning and Zoning Meeting.
Attachments:
1. Revised Plats
2. Exhibit showing existing activity and proposed changes
3. Letter from the applicant - Prime Ventures
4. Memo from Julie Tallman, Housing and Inspection Services
"
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'AMENDED' PRELIMINARY PLAT & SENSITIVE AREAS DEVELOPMENT PLAN
GALWAY HILLS SUBDIVISION PART FOUR
...-+-". M PREPARED BY Dm!12B~~R C I~J~1s1l!2! A 0...." mumy
",us CONSULTANTS me DAV-ED UWI'J'ED PRlW! VEtmJRES DEVELOPVEN1', INC. MICHAEL J. PUGH
1917 SOUTH GILBERT ST. 2300 CAE DRlVE 580 MADISON AVlHUE TOWER PLACE
JOWA em, IOWA 52240 IOlA CITY, IOWA 52246 UNIT 13 ONE SOUTH GILBERT ST.
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CIVIL ENGINEERS
LAND PLANNERS
LAND SURVEYORS
LANDSCAPE ARCHITECTS
ENVIRONllENTAL SPECIALIS'I'S
1917 S. GILBERT ST.
tONA crrv, IOWA
(319)351-8282
www.mmsconsuttants.net
5181 CST. SW SUITE 0
CEDAR RAPIJ$, tONA
(319)841-5188
Dote I ~
0iI2MI7 PERClTYrTN'FCOMNENTS..DI
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'AMENDED' FINAL PLAT
GALWAY HILLS
SUBDIVISION
PART FOUR
IOWA CITY
JOHNSON COUNTY
IOWA
10.41AC
'AMENDED' FINAL PLAT
GALWAY HILLS SUBDIVISION - PART FOUR
TlIIS PLAT REPLACES 11IE FOlAL PLAT PREVIOUSLY RECORDED IN BOOK 50. AT PAGE 331. IN 11IE JOHNSON COUNTY RECORDER'S OI'l'lCE
IOWA CITY, IOWA
PLAT PREPARED BY' OllNERISUBDMDER: OllNERISUBDMDER:
IIIIS CONSULTANTS INC. DAV-ED IlIIITED PRIIIE VENTURES DEVELOPlIEN'!. INC.
1917 SOUTH Gn.BERT ST. 2300 CAE DRIVE 580 IlADISON AVEIIUE
Ion CITY. Ion 52240 IOllA CITY. Ion 52248 UNIT #3
NORTH LlBERTY. IOllA 52317
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_ lAnd Surveyor
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Notary Publit. .. and for tne Stot. of Iowa.
DlINER'S ATl'ORNEY'
IIICHAEL J. PUGH
TOllER PLACE
ONE SOUTH Gn.BERT ST.
IOn CITY. IOllA 52240
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_ OONCiRESSIONAl CORNER. fOM)
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- CONCRE'SSlClNAL CORMER, RECOROEO L.OCA lION
_ PROPERTY CCRNER(S). f"OUfrC) (~ not.d)
_ PROPERTY CORNERS SET
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CONGftESSIONAl. sttTKlN LI'ES
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LOT I..lNES, INlERHAL
LOT I..lNES, PlATlUl OR BY DEED
EASDIENT LN:S. .oTH . PURPOSE NOlED
EXl$11NC EASalEJIIT LlNES. PURPOSE NOlEO
RECORDED 0lMENSI0MS _
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- LIMITS OF CONSTRUCTION
AREA DISTURBED
-
~ - LIMITS OF CONSTRUCTION
~ AREA TO BE INCREASED
p
ME
ENTURES
CONSTRUCTION
580 Madison Avenue
Unit 3
North Liberty, Iowa 52317
Phone: 319-665-9200
Fax: 319-665-9203
October 9,2007
To: LeeAnn Kincade
Re: Galway Hills, Lots 19 and 20.
LeeAnn,
During the excavation of lots 19 and 20 in Galway Hills, the excavating company
allowed dirt from the over dig to fall over the construction limit line. This occurred
primarily because the silt fence was installed along the tree line and not the construction
limit line.
Although we did not dig over the construction line, we did have to disturb the soil in
order to pull the dirt back across the construction limit line. Once the dirt was pulled
back, we immediately mulched and seeded the area. In addition, we have installed a
barrier and a silt fence on the construction limit line that should mitigate the problem
from recurring.
We will continue to monitor the area and instruct all subcontractors to not cross the line
of construction.
If there are any other measures we can take to return the disturbed soil to its original
state, please let us know.
Respectfully,
Mike Manfull
Vice President
Prime Ventures Construction
~~
CITY OF IOWA CITY
MEMO
TO: Sunil Terdalkar
FROM: Julie Tallman
DATE: 10 October 2007
RE: Disturbance within conservation easement in Galway Hills 4
Prime Ventures is the owner and developer of lots within Galway Hills 4. During construction of
single-family dwellings, development activity (grading) occurred within areas that were identified
as "conservation easement". The surface of slopes within this conservation easement had been
graded and stripped of vegetation.
HIS and Planning staff met with John Milder of Prime Ventures and Duane Musser of MMS and
confirmed that the limits of the conservation easement had been exceeded. It was agreed that
development activity had occurred in areas where it was not allowed.
Prime Ventures has already responded by covering disturbed slopes with a thick layer of wood
mulch, to absorb the impact from rain and prevent soil erosion. There is also a silt fence installed
at the toe of the slope.
Mulch will be extended to cover the bottom of the slope, where accumulated sediment from earlier
rains is visible. The existing silt fence will remain, and will be maintained as a sediment control.
These measures are considered "temporary stabilization". Permanent stabilization will be
required as a condition of the Construction Site Runoff permit. Permanent vegetation will be
established on the disturbed areas and must provide 70% coverage before the terms of the
Construction Site Runoff permits are met.
STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Sunil Terdalkar
Item: REZ07 -00015/SUB07 -00007/SUB07 -00008
Galway Hills Subdivision - Part IV
Date: October 4, 2007
GENERAL INFORMATION:
Applicant:
Dav-Ed Limited and Prime Ventures
580 Madison Avenue, Unit #3
North Liberty, IA 52317
(319) 665-9200
Contact Person:
Kevin Hochstedler
Phone:
(319) 665-9200
Requested Action:
Amendments to an approved Planned Development
Overlay (Sensitive Areas Development Plan) and
preliminary and final plat to allow additional grading
of steep and critical slopes and removal of
woodlands.
Purpose:
Single-Family Residential Development - 24 lots
Location:
Galway Drive
Size:
10.41 acres
Existing Land Use and Zoning:
Partially developed, Low-Density Single-Family
Residential (OPD-5)
Surrounding Land Use and Zoning:
North:
South:
East:
West:
Highway 218
Highway 218, Park - P
Residential - RS-5
Highway 218 and undeveloped -ID-RS
Comprehensive Plan:
Low Density Single-Family Residential
Neighborhood Open Space District:
West High District
File Date:
September 13, 2007
October 29,2007
45 Day Limitation Period:
60 Day Limitation Period:
November 13, 2007
2
SPECIAL INFORMATION:
Public Utilities:
Sanitary sewer and water lines are available
Public Services:
The City will provide Police and fire protection. The
City will also provide refuse and recycling collection
services. The Westwinds, and Wests ide Loop
transit routes serve this area with the nearest stop
located approximately half a mile to the east on
Melrose Avenue.
BACKGROUND INFORMATION:
The applicants, Dav-Ed Limited and Prime Ventures, are requesting revisions to a previously
approved rezoning of approximately 10.41 acres of land (from Low Density Single-family
Residential-RS':S zone to Planned Development Overlay-Low Density Single-family
Residential-OPD-S) with a Sensitive Areas Development Plan, and amended prelim nary and
final plat of Galway Hills Subdivision - Part Four, a 24-lot residential development. The property
is located on Galway Drive, south of Melrose Avenue and east of Highway 218.
At the time of previous the approval, Dav-Ed Limited sought a waiver of the subdivision
standards to allow for a cul-de-sac street longer than that allowed by Code. A planned
development overlay rezoning and a Sensitive Areas Development Plan was approved to allow
for a 990 feet long cul-de-sac street. The waiver from the subdivision regulations was justified
as it allowed development to occur closer the to top of the ridge line and thus minimizing
grading of the slopes and removal of trees. Dav-Ed Limited started the work after the approval,
and some development activity including the street construction has been completed. Some of
the development activity has been carried out beyond the approved construction limits. The
property is now being purchased by Prime Ventures.
The applicants are now requesting approval of the modifications to the sensitive areas
development plan to move the construction limit lines to allow more grading of the steep and
critical slopes and tree removal and therefore create additional developable areas on the lots.
The applicants report that the current buildable area available on certain lots is not sufficient for
house models that they had designed for another subdivision and that they would also like to
build in Galway Hills.
The applicants have indicated that they have chosen not to use the "Good Neighbor Policy" and
have not had discussions with neighborhood representatives.
ANAL YSIS:
The applicants are not seeking to change the current underlying RS-S zoning designation nor
the street and basic lot layout (some of the lots lines are being adjusted slightly) however they
are proposing to increase the total area of disturbed land containing sensitive features including
steep slopes, critical slopes and woodlands, by moving the construction limit line deeper into
the lots. With the proposed changes, disturbance of critical slopes will increase from 30% up to
34%, steep slopes from 62% up to 63%, and woodlands from 33% up to 37%. The changes will
also affect the wooded areas and groves located near the eastern boundary of the subdivision.
As mentioned above, the applicants indicate that the buildable area available on lots is not
adequate for the building plans selected. Initially, the applicants proposed to extend the
construction limit boundary on most of the lots by at least 10 feet farther into the sensitive
areas. Staff advised against further disturbance of lots that contain protected slopes and/or
3
protected slope buffers. Therefore the applicant has agreed to maintain the existing
construction limit lines on lots 10, 11, 13, 14 and 18. As discussed below there is sufficient
room to build sizable houses on these lots with out further disturbing the slopes. The applicants
are requesting to move the construction limits deeper into the regulated sensitive areas by at
least 10 feet on lots 9, 12, 15 and 19; by at least 20 feet on lots 20,21 and 22, and elimination
of the construction limit for lot 8.
Staff believes that the existing lots provide adequate buildable area for houses of the size that
the applicants are proposing to build, although not necessary in the configuration of the
applicants' standard model. The construction limit lines on the currently approved lots are at
least 80 feet away from the front lot boundary. With a minimum lot width of 60 feet (most of the
lots are 65 feet wide or greater), after subtracting the minimum setbacks the buildable area
available on each lot would be at least 3,000 square feet. The applicants have submitted a set
of building plans with footprints ranging from 2,602 to 3,036 square feet (42-46 feet in width and
62-66 feet in length). Because the applicants propose to build houses that are narrower than
what is permitted and have chosen to set the front portion of the house farther than 25 feet
back from the font lot line, these footprints go beyond the existing construction limit line.
It should be noted that, except on lots located on the bulb of a cul-de-sac, the minimum front
setback for the principle dwelling is only 15 feet and only the garages need to be setback 25
feet from the front lot line. Staff recommends that, to the extent possible the houses should be
built utilizing a 25 foot front setback setback so that the houses area closer to the street and
only limited amount of construction activity occurs near the construction limits.
One of the requirements of the Sensitive Areas Ordinance is to provide sufficient protection to
the sensitive areas against soil instability, erosion, downstream siltation, flooding, landslides
and mudslides, as well as ensuring safety of the houses. Staff has consulted with the
conservationists from the office of Johnson County Soil and Water Conservation District to
asses the proposed additional impact on the sensitive areas. If it is determined that the
revisions to the construction limit line should be moved farther into the slopes the
conservationist recommends that additional measures be taken to stabilize the slopes, improve
the soil and water quality, and the wooded areas. These measures include:
1. Slopes - Maintaining a consistent grade from building lots into outlots and avoiding
"overfalls" from lots onto the steep slopes on the construction limits and outlots.
2. Soil quality - Amending the soil on each lot with compost and avoid compaction to
create a healthy soil structure that can absorb a large amount of water, decreasing the
erosion potential and impact on critical slopes.
3. Timber improvements - Removing invasive species and weed trees to open up the
forest canopy to allow for regeneration of desirable trees, and light to the forest floor
4. Planting native woodland grasses and flowers in the understory to prevent soil erosion
5. Storm water management - Treating storm water at the lot level with infiltration based
practices to reduce erosion and improve water quality, for example, rain gardens can
infiltrate and treat rain from roofs, decrease the amount of direct water flow onto the
steep slopes and ravine.
Staff recommends that these conditions be incorporated into the amended Sensitive Areas
Development Plan. The applicants should provide a plan (or include it on the grading plan)
showing the measures taken and include corresponding notes on the plat.
There may be some merit in amending the construction limits on lots 8 and 22, as the slopes on
these lots are minimal and the vegetation was been cleared at the time when the infrastructure
was installed. If the Commission finds that the revisions to the construction limits are justified to
provide larger development areas, staff recommends that the changes on lots 9, 12, 15, and 19
though 22 should be considered only if additional measures are taken to stabilize the slopes,
4
improve the soil and water quality, and the wooded areas as recommended by the Soil
Conservation Service.
Although the revised construction limit may be sufficient to accommodate the proposed building
footprints, the actual construction activity of such a footprint may result in the disturbance of
additional sensitive areas including the woodland buffer. Adequate precautions and measures
must be taken to ensure that the construction activity including storing excavated soil is not
carried out beyond the construction limit line. Because the existing development has apparently
encroached into construction limits, staff recommends that temporary construction fencing
should be put in place to demark the construction limit line prior to development of the individual
lots.
STAFF RECOMMENDATION:
Staff recommends that REZ07-00015/SUB07-00007/SUB07-00008, an amendment to the
existing Planned Development Overlay zone Sensitive Areas Development Plan and an
amended preliminary and final plat for Galway Hills Subdivision - Part IV, a 10.41-acre, 24-lot
residential subdivision located on Galway Drive, be approved to modify the construction limits
on lots 8, 9, 12, 15, 19 and 20-22 subject to the following conditions being incorporated into the
Sensitive Areas Development Plan:
1. Slopes - Maintaining a consistent grade from building lots into outlots and avoiding
"overfalls" from lots onto the steep slopes on the construction limits and outlots
2. Soil quality - Amending the soil on each lot with compost and avoid compaction to
create a healthy soil structure that can absorb a large amount of water, decreasing the
erosion potential and impact on critical slopes
3. Timber improvements - Removing invasive species and weed trees to open up the
forest canopy to allow for regeneration of desirable trees, and light to the forest floor
4. Planting native woodland grasses and flowers in the understory to prevent soil erosion
5. Storm water management - Treating storm water at the lot level with infiltration based
practices to reduce erosion and improve water quality, for example, rain gardens can
infiltrate and treat rain from roofs, decrease the amount of direct water flow onto the
steep slopes and ravine
6. Temporary construction fencing should be put in place prior to development of the
individual lots.
ATTACHMENTS:
1. Location Map
2. Amended preliminary plat and Sensitive Areas Development Plan
3. Amended Final plat
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
~~
pcd\slaff reportslrez07 -OOOOX +sub07 -00007 GelwayPertIV-1.doc
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S U 807 -00007 /SU 807 -00008
s. Part Four
Galway H
SITE LOCATION:
CITY OF IOWA CITY
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'AMENDED' PRELIMINARY PLAT & SENSITIVE AREAS DEVELOPMENT PLAN
GALWAY HILLS SUBDIVISION PART FOUR
IOWA CITY, IOWA
PU" PREPARED BY'
YUS CONSULTANTS INC.
1917 SOUTH GILBERT ST.
lOW" CITY. IOWA 52240
OlfMJ:RlsUBDlvtDER:
DA v- ED WilTED
2300 CAE ORJ\'!
101" CITY. IOWA 52246
OWNERf!:IURDlvtDf.R-
PRIME VENTURES nEVEWPJaJIT. INC.
li80 UADISOH AVENUE
~:inf3UBERTY, lOW... f12317
OWNER'S ATI'ORNF.Y
u)CHAlL J. PUCH
TOWER PLACE
ONE SOUTH GILBERT ST.
IOWA cm. IOWA r:.n40
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GALWAY HILLS
SUBDIVISION
PART FOUR
IOWA CITY
JOHNSON COUNTY
IOWA
M
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II!
CIVIL ENGINEERS
LAND PLANNERS
LAND SURVEYORS
LANDSCAPE ARCHITECTS
ENVJRONllENTAL SPECIAIm'S
1911 S. GILBERT ST.
tCNiA crrv. ~A
(319) 351~
www.mmsconsultants.net
5781 CST. SW SUITE 0
CEDAR RAPtOS, ION"
(319) 841-5188
'AMENDED' FINAL PLAT
MMS CONSULTANTS, INC.
""'". 09-13-07
~~ l"IctIdfloc*.Hoo
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ffYNA CITY
1331189 1
PART FOUR
ON COUNTY RECORDER'S OfflCE
OllNER'S ATl'ORNEY'
IIICHAEL J. PUGH
TOWER PLACE
ONE SOUTH GILBERT ST.
IOn CITY. Ion 52240
UNE SEGMENT TABLE
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PLAT /pLAN APPROVED
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Sunil Terdalkar
From:
Sent:
To:
Subject:
Brad K Ruhland [ruhland2@juno.com]
Sunday, September 30, 2007 3:30 PM
Sunil Terdalkar
Rezoning Galway Hills Part 4
We live on Donegal Place. Our lot is 55, Galway Hills, Part 2. Our property backs up to
the ravine. We would like more details about this amendment to the Sensitive Areas. We
thought they were done cutting down trees! At the last council meeting regarding the
final plat of Galway Hills, Part 4, the council members promised my husband that no more
trees would be cut down. A few weeks later I watched out my window as several large trees
were taken out by a bulldozer. We are very concerned about losing more of the natural
area and beauty of this ravine. We purchased our lot in 1997 and have watched the ravine
shrink over the years.
Please let us know in detail what trees they want to remove and what areas they want to
grade. In the past they have added so much soil that trees have died from being buried.
We want to know if the grading will kill additional trees like it has in the past.
Thank You,
Brad and Sandy Ruhland
41 Donegal Place
Iowa City
(319)351-6424 - home number for evening hours
(319)339-2810 -work number where I can be reached during the daytime hours.
1
N\~ \
Prepared by Eleanor Dilkes, City Attorney, 410 EWashington St., Iowa City, IA 52240 (319)356-5030
ORDINANCE NO. 07-4293
AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY, ITS
SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE,
CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, A
NATURAL GAS SYSTEM FOR A PERIOD OF TEN YEARS, WITH A TEN YEAR AND
FIVE YEAR RENEWAL THEREAFTER, TO FURNISH, DELIVER AND SEll NATURAL
GAS TO SAID CITY AND ITS INHABITANTS.
WHEREAS, the franchise previously granted by the City to MidAmerican Energy
Company's successor and codified at Chapter 2, Title 12 of the City Code expired in
November 2001; and
WHEREAS, the City and MidAmerican Energy Company have negotiated a new
franchise agreement on the terms set forth herein; and
WHEREAS, it is deemed in the interest of the City and its citizens to enact the following
franchise ordinance.
NOW THEREFORE, BE IT ENACTED by the City Council of the City of Iowa City, that
Title 12, Chapter 2 of the City Code is hereby repealed in its entirety and the following is
substituted in lieu thereof:
12-2-1. There is hereby granted to MidAmerican Energy Company, an Iowa
corporation, hereinafter called "Company," and to its successor and assigns the right
and franchise to acquire, construct, erect, maintain and operate in the City of Iowa City,
Iowa hereinafter called the "City,. a gas distribution system, to furnish natural gas along,
under and upon the streets, avenues, alleys and rights of way of the City to serve
customers within and without the City and to furnish and sell natural gas to the City and
its inhabitants. The City Council reserves to itself the right to extend this franchise to
other public places upon request from the Company. Rights are hereby granted for all
existing facilities located in other public places prior to the date of this agreement.
12-2-2. The City may continue this franchise by resolution adopted more than
one, but less than two years prior to the tenth anniversary of the effective date of this
Ordinance. In the event the City Council does not adopt such a resolution, this franchise
will terminate on the tenth anniversary of the effective date. The City may continue this
franchise by resolution adopted more than one but less than two years prior to the
twentieth anniversary of the effective date of this Ordinance. In the event the City
Council does not adopt such a resolution, this franchise will terminate on the twentieth
anniversary of the effective date. If both such resolutions are adopted, this franchise will
terminate on the twenty-fifth anniversary of the effective date.
12-2-3. The rights and privileges hereby granted to the Company its successors
and assigns are subject to applicable provisions of the Iowa Code, including but not
limited to the restrictions and limitations of Iowa Code Chapter 364 (2007) or as
subsequently amended or changed, the Code of Ordinances of the City of Iowa City, any
other applicable statues or regulations promulgated by Federal or State agencies under
federal or state laws, all of said laws, codes, ordinances, statutes and regulations as
presently enacted or subsequently amended. The Company reserves the right to
-1-
Ordinance No. 07-4293
Page 2
challenge or contest the City's interpretation or application of any of said laws, codes,
ordinances, statutes, and regulations. The City may make such lawful and reasonable
amendments to the provisions of the Code of Ordinances of the City of Iowa City
affecting or regulating the Company in its operation of the natural gas utility, as the City
deems necessary and proper, within the scope of its authority as authorized by the
Constitution and Code of Iowa. The franchise granted herein shall not restrict in any
manner the right of the City in the exercise of any power which it now has or which may
hereafter be authorized or permitted by the Constitution or laws of the State of Iowa.
12-2-4. The Company shall have the right to excavate in any City street, avenue
or alley for the purpose of laying, relaying, repairing or extending gas pipes, mains,
conduits, and other gas system components provided the same shall be placed in
accord with this franchise and any regulation the City may from time to time adopt or
amend regarding the placement of facilities or structures of utilities, provided same is not
in conflict with Company's standards or state and federal regulation, and other right of
way users' facilities or structures, in the right of way.
12-2-5. The Company is authorized to make excavations in City streets,
avenues and alleys for purposes of routine repair, replacement, and maintenance of gas
pipes, mains, conduits, and other gas system components. In making such excavations,
the Company shall not unnecessarily obstruct the use of streets, avenues or alleys, shall
provide the Public Works Director with 24 hours notice prior to the actual
commencement of the work, and shall comply with all provisions and requirements of the
City in its regulation of the use of City right of way in performing such work. The
Company shall not dig or otherwise excavate under the canopy of any tree on public
ground, unless using trencherless technologies or directional boring. In emergencies
which require immediate excavation, the Company may proceed with the work without
first applying for or obtaining the permit, provided, however, that the Company shall
apply for and obtain the excavation permit as soon as possible after commencing such
emergency work.
12-2-6. Prior to commencing significant construction or maintenance projects in
the public right of way, the Company shall use its best efforts to notify the contiguous
affected customers. Best efforts shall include but are not limited to at least one of the
following: door hangers, telephone contact, or direct mail. Notification shall not be
required.in the event of emergency repairs or natural gas restoration efforts.
12-2-7. The Company shall indemnify and save harmless the City from any and
all claims, suits, losses, damages, costs or expenses, on account of injury or damage to
any person or property, caused or occasioned in Whole or in part, by the Company's
negligence in construction, reconstruction, excavation, operation or maintenance of the
natural gas facilities authorized by this franchise; provided, however, that the Company
shall not be obligated to defend, indemnify and save harmless the City for any costs or
damages arising from the negligence of the City, its officers, employees or agents.
12-2-8. The Company, and its successors and assigns, is authorized to extend
its natural gas distribution system and to engage in repair work and to install new gas
distribution and transmission facilities within the City.
-2-
Ordinance No. 07-4293
Page 3
12-2-9. The Company shall maintain the availability of service throughout the
entire City including newly annexed areas, by extending natural gas facilities in a
manner consistent with Iowa law.
12-2-10. The City shall, in the extension or modification of streets and roads,
make provision for the placement of Company service lines and facilities on City-owned
right of way without charge to Company. In planning for the extension or modification of
streets and roads, the City shall, to the extent practicable in the discretion of its Public
Works Director, design such changes to limit the need for the relocation of Company
facilities. Nothing in this franchise shall be construed as a guarantee that in either
existing right of way or in future acquired right of way the City will provide sufficient
space for any particular need of the Company nor shall the City be required to obtain
additional right of way solely for the use of the Company.
12-2-11. The said Company, its successors and assigns, as long as it shall
operate under the terms of this franchise, shall furnish natural gas in sufficient quantities
to supply the reasonable demands of said City and the inhabitants thereof in accordance
with the Company's rules, regulations and conditions of service as approved by the Iowa
Utilities Board.
12-2-12. The Company shall make an annual written report to the City Council
summarizing community contributions which benefit the people of Iowa City which have
been made by the Company or its Foundation. The written report shall include the name
of each entity to which such contributions have been made, the amount of such
contribution and a comparison showing contributions for that year and the three prior
years. The report shall be filed with the City Council within three months of the close of
the Company's fiscal year.
12-2-13. The City reserves the right to impose a franchise fee pursuant to the
Iowa Code, on the gross revenue of the Company, minus uncollectible accounts, derived
from the distribution, delivery and retail sale of natural gas by the Company or other
natural gas providers utilizing the distribution system of the Company, to customers
within the current or future corporate limits of the City.. The City shall provide the
Company with gO-days advance notice of the effective date of any franchise fee put into
effect by the City. The City may require the Company to provide an accounting to
establish that the fee has been correctly calculated. The City may include a requirement
that an audit of the calculation and basis for calculation of the franchise fee be
conducted by an auditor of the City's selection and the Company will cooperate with
such an audit. Said audit shall not be conducted more than once a year. The City shall
pay the costs of the audit unless the audit shows an underpayment of franchise fees by
an amount equal to 3% or more of the fees, in which event the Company shall pay the
cost of the audit.
12-2-14. With the permission of the City Council, to be separately given in regard
to each application to use powers of eminent domain, Company shall have the power to
condemn private property for the purpose of providing natural gas to the public and in a
reasonable relationship to an overall plan of distributing natural gas within the City. The
Company must establish the necessity of each taking of private property and, when so
established, the City Council shall approve the condemnation of the private property by
resolution if the Council finds the use of such powers is in the public interest, does not
-3-
Ordinance No. 07-4293
Page 4
create an unacceptable public safety problem and there is not any reasonable
alternative.
12-2-15. The Company shall, at its cost and expense, locate and relocate its
installations in, on, over or under any public street or alley in the City in such manner as
the City may at any time reasonably require for the purposes of facilitating the
construction, reconstruction, maintenance or repair of any public improvement of, in, or
about any such street or alley, or promoting the efficient operation of any such
improvement.
12-2-16. The Company shall, at all times during which this franchise is in affect,
maintain, administer and operate such energy efficiency and/or conservation programs
within the City, as may be approved by the Iowa Utilities Board.
12-2-17. If requested by the City the Company shall participate in a disaster or
emergency response communications task force to address such topics as a dedicated
communications link between the City and the Company during emergencies, an
interoperable radio communications system between the Company and the City, a
reverse telephone messaging system and participation by the Company in City and
Johnson County joint drills and emergency training exercises. It is the intent of the
parties that such participation may be established by a separate agreement which refers
to this franchise.
12-2-18. This franchise shall apply to and bind the City and the Company and
their successors and assigns; provided that any assignment by the Company shall be
subject to the approval of the City Council by resolution, which approval shall not be
unreasonably withheld.
The City expressly reserves the right to terminate the franchise granted herein if
the Company breaches any of the provisions of this franchise; provided, however, there
shall be no termination if the Company shall correct the breach within sixty (60) days
following written notice provided by the City to do so.
The Company shall not be excused from complying with any of the terms and
conditions of this franchise by any failure of the City to insist upon or seek compliance
with any such terms or conditions. Further, it is agreed that the subject matter of this
franchise is unique and may be enforced by specific performance, at the City's option,
. since a remedy at law may be inadequate.
12-2-19. This Ordinance shall become effective and binding upon its approval
and passage in accordance with Iowa law and the written acceptance by the Company.
The Company shall within thirty (30) days after the approval of this ordinance by the City
Council, file in the office of the clerk of the City its acceptance in writing of all the terms
and provisions of this ordinance. Following City Council approval and written acceptance
by the Company, this ordinance shall be published in the Iowa City Press Citizen. The
effective date of this Ordinance shall be the date of publication.
12-2-20. If any of the provisions of this franchise ordinance are for any reason
declared to be illegal or void, the lawful provisions of this franchise ordinance, which are
severable from said unlawful provisions, shall be and remain in full force and effect, the
same as if the franchise ordinance contained no illegal or void provisions. In the event
-4-
Ordinance No.
Page 5
07-4293
any provision or provisions are ruled illegal or void by a court of competent jurisdiction,
the City and the Company shall forthwith amend this franchise to insert a successor
provision that complies with the applicable court ruling.
12-2-21. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
PASSED AND APPROVED this.2.llh day of Novpmhpr 2007.
CITY OF IOWA CITY, IOWA
By~L
Mayor
ATTEST:
7n . ,v.~
~Ierk
~r?v~d b~
L/U- ~l-/ A-- I V ,-IIP - 0'1
City Attorney's Office
annenlord&resIMidAmGasfranchise.doc
-5-
Ordinance No. 07-4293
Page ~
It was moved by Champion and seconded by
as read be adopted, and upon roll call there were:
Bailey
that the Ordinance
AYES: NAYS: ABSENT:
x
x
Bailey
Champion
Correia
x Elliott
O'Donnell
Vanderhoef
. Wilburn
x
x
x
X
First Consideration 1011 h I?007
Vote for passage: AYES: Ch.ampLon, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey.
NAYS: Correia. ABSENT: None.
Second Consideration 11/5/2007
Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion.
NAYS: Correia. ABSENT: None
Date published 12/5/2007
~
10
Prepared by Eleanor Dilkes, City Attorney, 410 EWashington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO. 07-4?Q4
AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY, ITS
SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE,
CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY,
AN ELECTRIC LIGHT AND POWER SYSTEM FOR A PERIOD OF TEN YEARS, WITH
A TEN YEAR AND FIVE YEAR RENEWAL THEREAFTER, TO FURNISH AND SELL
ELECTRIC ENERGY TO SAID CITY AND ITS INHABITANTS.
WHEREAS, the franchise previously granted by the City to MidAmerican Energy
Company's successor and codified at Chapter 1, Title 12 of the City Code expired in
November 2001; and
WHEREAS, the City and MidAmerican Energy Company have negotiated a new
franchise agreement on the terms set forth herein; and
WHEREAS, it is deemed in the interest of the City and its citizens to enact the following
franchise ordinance.
NOW THEREFORE, BE IT ENACTED by the City Council of the City of Iowa City, that
Title 12, Chapter 1 of the City Code is hereby repealed in its entirety and the following is
substituted in lieu thereof: .
12-1-1. There is hereby granted to MidAmerican Energy Company, an Iowa
corporation, hereinafter called the "Company," and its successors and assigns, the non-
exclusive right and franchise to acquire, construct, erect, maintain and operate in the
City of Iowa City, hereinafter the "City," an electric light and power system including the
right to erect and maintain the necessary poles, lines, wire, transmission lines, conduits
and other appliances for the transmission and distribution of electric energy along, under
and upon the streets, avenues and alleys to serve customers within and without said
City , and to furnish and sell electric energy to said City and its inhabitants. The City
Council reserves to itself the right to extend this franchise to other public places at the
request of the Company. Rights are hereby granted for all existing facilities located in
other public places prior to the date of this agreement.
12-1-2. The City may continue this franchise by resolution adopted more than
one, but less than two years prior to the tenth anniversary of the effective date of this
Ordinance. In the event the City Council does not adopt such a resolution, this franchise
will terminate on the tenth anniversary of the effective date. The City may continue this
franchise by resolution adopted more than one but less than two years prior to the
twentieth anniversary of the effective date of this Ordinance. In the event the City
Council does not adopt such a resolution, this franchise will terminate on the twentieth
anniversary of the effective date. If both such resolutions are adopted, this franchise will
terminate on the twenty-fifth anniversary of the effective date.
12-1-3. The rights and privileges hereby granted to the Company its successors
and assigns are subject to applicable provisions of the Iowa Code, including but not
limited to the restrictions and limitations of Iowa Code Chapter 364 (2007) or as
subsequently amended or changed, the Code of Ordinances of the City of Iowa City, any
other. applicable statues or regulations promulgated by Federal or State agencies under
-1-
Ordinance No. 07-4294
Page 2
federal or state laws, all of said laws, codes, ordinances, statutes and regulations as
presently enacted or subsequently amended. The Company reserves the right to
challenge or contest the City's interpretation or application of any of said laws, codes,
ordinances, statutes, and regulations. The City may make such lawful and reasonable
amendments to the provisions of the Code of Ordinances of the City of Iowa City
affecting or regulating the Company in its operation of the electric utility, as the City
deems necessary and proper, within the scope of its authority as authorized by the
Constitution and Code of Iowa. The franchise granted herein shall not restrict in any
manner the right of the City in the exercise of any power which it now has or which may
hereafter be authorized or permitted by the Constitution or laws of the State of Iowa.
12-1-4. Nothing in this agreement shall be construed or interpreted to limit or
prohibit the City, residents or businesses of Iowa City from participating in or enjoying
any benefits and protections of a restructured retail electric utility industry to the extent
that such benefits and protections are made available to consumers of competitive retail
electric services under state and federal rules, regulations and law.
12-1-5. The Company shall have the right to erect all necessary poles and to
place thereon the necessary wires, fixtures and accessories as well as to excavate and
bury conduits or conductors for the distribution of electric energy in and through the City,
provided the same shall be placed in accord with this franchise and any regulation the
City may from time to time adopt or amend regarding the placement of facilities or
structures of utilities, and other right of way users' facilities or structures, in the right of
way. All electric utility system components placed above, upon, in or under public right-
of way, and the wires placed thereon or therein, shall comply with the National Electrical
Safety Code as adopted by the regulations of the Iowa Utilities Board. The Company
shall not without express approval from the City place in the right of way any substation
operating at greater than 15,000 volts, transmission lines, equipment or appliances
operated at greater than 15,000 volts or pad mounted distribution facilities of greater
than 15,000 volts serving an underground distribution feeder system.
12-1-6. The Company is authorized to make excavations in City streets, avenues
and alleys for purposes of routine repair, replacement, and maintenance of poles, wires,
conduits, lines or other electric utility system components. In making such excavations,
the Company shall obtain a City permit therefore and shall not unnecessarily obstruct
the use of streets, avenues or alleys, shall provide the Public Works Director with 24
hours notice prior to the actual commencement of the work, and shall comply with all
provisions and requirements of the City in its regulation of the use of City right of way in
performing such work. In emergencies which require immediate excavation, the
Company may proceed with the work without first applying for or obtaining the permit,
provided, however, that the Company shall apply for and obtain the excavation permit as
soon as possible after commencing such emergency work.
12-1-7. Prior to commencing significant construction or maintenance projects in
the public right of way, the Company shall use its best efforts to notify the contiguous
affected customers. Best efforts shall include but are not limited to at least one of the
following: door hangers, telephone contact, or direct mail. Notification shall not be
required in the event of emergency repairs or electric outage restoration efforts.
12-1-8. The Company is authorized and empowered consistent with this
franchise to prune or remove at Company expense any tree extending into any street,
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Ordinance No.
Page 3
07-4294
alley, right of way or public grounds to maintain electric reliability, safety, to restore utility
service and to prevent limbs, branches or trunks from interfering with the wires and
facilities of the Company. The pruning shall be completed in accordance with nationally
accepted safety and utility industry standards, ANSI Z133.1 -2006, American National
Standard for Arboriculture Qperations- Safety Requirements, and ANSI A300 (part 1) -
2001 Pruning, American National Standard for Tree, Shrub, and other Woody Plant
Maintenance - Standard of Practices Pruning, or subsequent revisions to these
standards, and City ordinances regarding the pruning of trees and the protection of its
facilities upon public ground. The Company shall not remove or prune any tree on public
grounds, other than right of way, except in an emergency or when necessary to alleviate
an existing electrical outage without first obtaining permission of the City's Public Works
Director, nor shall the Company dig or otherwise excavate under the canopy of any tree
on public ground, unless using trencherless technologies or directional boring, except in
an emergency or when necessary to alleviate an existing electrical outage, without
having first given the City's Public Works Director 24 hours notice.
12-1-9. The Company shall indemnify and save harmless the City from any and
all claims, suits, losses, damages, costs or expenses, on account of injury or damage to
any person or property, caused or occasioned in whole or in part, by the Company's
negligence in construction, reconstruction, excavation, operation or maintenance of the
electric facilities authorized by this franchise; provided, however, that the Company shall
not be obligated to defend, indemnify and save harmless the City for any costs or
damages arising from the negligence of the City, its officers, empioyees or agents.
12-1-10. The Company, and its successors and assigns, is authorized to extend
its lines, wires and conduits, to expand its transmission and distribution systems, to
engage in repair work and to install new distribution and transmission systems within the
City.
12-1-11. The Company shall maintain the availability of service throughout the
entire City including newly annexed areas, excluding areas designated by the Iowa
Utilities Board to be the exclusive service territory of another electric provider, by
extending lines or facilities in a manner consistent with Iowa law.
12-1-12. The City shall, in the extension or modification of streets and roads,
make provision for the placement of Company service lines and facilities on City-owned
right of way without charge to Company. In planning for the extension or modification of
streets and roads, the City shall, to the extent practicable in the discretion of its Public
Works Director, design such changes to limit the need for the relocation of Company
facilities. Nothing in this franchise shall be construed as a guarantee that in either
existing right of way or in future acquired right of way the City will provide sufficient
space for any particular need of the Company nor shall the City be required to obtain
additional right of way solely for the use of the Company.
12-1-13. The said Company, its successors and assigns, as long as it shall
operate under the terms of this franchise, shall furnish electric energy in sufficient
quantities to supply the reasonable demands of said City and the inhabitants thereof in
accordance with the Company's rules, regulations and conditions of service as approved
by the Iowa Utilities Board.
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Ordinance No.
Page 4
07-4294
12-1-14. The Company shall make an annual written report to the City Council
summarizing community contributions which benefit the people of Iowa City which have
been made by the Company or its Foundation. The written report shall include the name
of each entity to which such contributions have been made, the amount of such
contribution and a comparison showing contributions for that year and the three prior
years. The report shall be filed with the City Council within three months of the close of
the Company's fiscal year.
12-1-15. The City shall be privileged upon 3D-days advance notice to the
Company, without charge, to make use of the distribution poles of the Company that are
placed within City right of way for any City alarm, City control, or City communication
function, excluding any paid subscriber services (but including any City owned cable or
wireline communication system for which use the City shall pay an amount consistent
with federal law), to the extent that such use shall not interfere with their use by the
Company, but the City shall hold the Company harmless from any and all causes of
action, litigation or damages arising through the placing of the facilities of the City upon
the Company's poles. If at the sole discretion of the Company, it is determined that said
attachments may create a clearance violation or other hazardous situation, or that wind
or other conditions may place undue stress on specific Company facilities, the City shall
not be authorized to attach to those facilities. If attachments are in place, upon
notification by the Company of damage or potential damage, the City shall promptly
remove said attachments.
12-1-16. The City reserves the right to impose a franchise fee pursuant to the
Iowa Code, on the gross revenue of the Company, minus uncollectible accounts, derived
from the distribution and the retail sale of electricity by the Company to customers within
the current or future corporate limits of the City. The City shall provide the Company
with gO-days advance notice of the effective date of any franchise fee put into effect by
the City. The City may require the Company to provide an accounting to establish that
the fee has been correctly calculated. The City may include a requirement that an audit
of the calculation and basis for calculation of the franchise fee be conducted by an
auditor of the City's selection and the Company will cooperate with such an audit. Said
audit shall not be conducted more than once a year. The City shall pay the costs of the
audit unless the audit shows an underpayment of franchise fees by an amount equal to
3% or more of the fees, in which event the Company shall pay the cost of the audit.
12-1-17. With the permission of the City Council, to be separately given in regard
to each application to use powers of eminent domain, Company shall have the power to
condemn private property for the purpose of providing electric service to the public and
in a reasonable relationship to an overall plan of distributing electrical energy within the
City. The Company must establish the necessity of each taking of private property and,
when so established, the City Council shall approve the condemnation of the private
property by resolution if the Council finds the use of such powers is in the public interest,
does not create an unacceptable public safety problem and there is not any reasonable
alternative.
12-1-18. The Company shall, at its cost and expense, locate and relocate its
installations in, on, over or under any public street or alley in the City in such manner as
the City may at any time reasonably require for the purposes of facilitating the
construction, reconstruction, maintenance or repair of any public improvement of, in, or
about any such street or alley, or promoting the efficient operation of any such
-4-
Ordinance No.
Page 5
07-4294
improvement. The City may require the Company to place or bury its electrical utility
system components underground as consistent with Company tariffs (it is the
understanding of the parties that under current tariffs the Company shall assume and
pay as its own expense the cost of moving a line from one above ground location to
another above ground location and the City shall reimburse the Company for any
additional cost occasioned by placing a facility underground).
12-1-19. The Company shall, at all times during which this franchise is in affect,
maintain, administer and operate such energy efficiency and/or conservation programs
within the City, as may be approved by the Iowa Utilities Board.
12-1-20. If requested by the City the Company shall participate in a disaster or
emergency response communications task force to address such topics as a dedicated
communications link between the City and the Company during emergencies, an
interoperable radio communications system between the Company and the City, a
reverse telephone messaging system and participation by the. Company in City and
Johnson County joint drills and emergency training exercises. It is the intent of the
parties that such participation may be established by a separate agreement which refers
to this franchise.
12-1-21. If requested by the City the Company shall participate in a City task
force to identify and utilize City generated renewable energy options, including sewage
treatment gas or landfill gas available to the City. In the event that the City should at any
time during the term of this franchise become an alternate energy producer of electrical
energy at a municipally-owned or operated facility the Company shall, if requested by
the City, enter into an agreement to purchase the electric energy produced from such
qualifying alternate generating facility, subject to applicable statutory requirements and
regulations.
12-1-22. This franchise shall apply to and bind the City and the Company and
their successors and assigns; provided that any assignment by the Company shall be
subject to the approval of the City Council by resolution, which approval shall not be
unreasonably withheld.
The City expressly reserves the right to terminate the franchise granted herein if
the Company breaches any of the provisions of this franchise; provided, however, th~re
shall be no termination if the Company shall correct the breach within sixty (60) days
written notice provided by the City to do so.
The Company shall not be excused from complying with any of the terms and
conditions of this franchise by any failure of the City to insist upon or seek compliance
with any such terms or conditions. Further, it is agreed that the subject matter of this
franchise is unique and may be enforced by specific performance, at the City's option,
since a remedy at law may be inadequate.
12-1-23. This Ordinance shall become effective and binding upon its approval
and passage in accordance with Iowa law and the written acceptance by the Company.
The Company shall within thirty (30) days after the approval of this ordinance by the City
Council, file in the office of the clerk of the City its acceptance in writing of all the terms
and provisions of this ordinance. Following City Council approval and written acceptance
-5-
Ordinance No.
Page 6
07-4294
by the Company, this ordinance shall be published in the Iowa City Press Citizen. The
effective date of this Ordinance shall be the date of publication.
12-1-24. If any of the provisions of this franchise ordinance are for any reason
declared to be illegal or void, the lawful provisions of this franchise ordinance, which are
severable from said unlawful provisions, shall be and remain in full force and effect, the
same as if the franchise ordinance contained no illegal or void provisions. In the event
any provision or provisions are ruled illegal or void by a court of competent jurisdiction,
the City and the Company shall forthwith amend this franchise to insert a successor
provision that complies with the applicable court ruling.
12-1-25. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
PASSED AND APPROVED this ...21..thday of November 2007.
:~TY~u]l
Mayor
ATTEST:
Ju.' ~~
~~erk
~~:.ON
City Attorney's Office
10 -Iv -DI
Annenlord&resIMidAm electric franchise.doc
-6-
Ordinance No. 07-4294
Page -L
It was moved by Bailey and seconded by
as read be adopted, and upon roll call there were:
Vanderhoef
that the Ordinance
AYES: NAYS: ABSENT:
x
x
Bailey
Champion
Correia
x Elliott
O'Donnell
Vanderhoef
. Wilburn
x
x
x
x
First Consideration 10/16/2007
Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion.
NAYS: Correia. ABSENT: None.
Second Consideration 11/5/2007
Vote for passage: AYES: Wilburn, Bailey, Champion, Eillliott, O'Donnell, Vanderhoef.
NAYS: Correia. ABSENT: None.
Date published 12/5/2007
CiLJ
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 8,
ENTITLED "POLICE CITIZEN REVIEW BOARD," TO MAKE THE PROVISIONS OF THE
POLICE CITIZENS REVIEW BOARD IN THE CITY CODE CONSISTENT WITH THE CITY'S
HOME RULE CHARTER.
WHEREAS, Section 8-8 of the City Code provides for a Police Citizens Review Board;
WHEREAS, a majority of voters at the election on November 6,2007 voted to amend Article V of the
City's Home Rule Charter to require a permanent Police Citizens Review Board;
WHEREAS, the City Code should be consistent with the City's Home Rule Charter; and
WHEREAS, it is in the best interest of the City to adopt this ordinance.
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 8, entitled "Police Citizens Review Board," Section
1, entitled "Creation of Police Citizens Review Board," is amended by deleting Section 1 in its entirety and
adding the following new Section 1 in lieu thereof:
As permitted under Iowa's home rule authority and as required by the City's Home Rule Charter, the
City creates a Police Citizens Review Board (hereinafter "board"), subject to the duties and limited powers
set forth herein.
2. Title 8, entitled "Police Regulations," Chapter 8, entitled "Police Citizens Review Board," Section
2, entitled "Intent, Goals and Guiding Principles," Subsection 0 is amended by deleting Subsection 0 and
adding the following new Subsection 0 in lieu thereof:
The board shall hold at least one community forum each year for the purpose of hearing citizens'
views on the policies, practices and procedures of the Iowa City Police Department, review police
practices, procedures, and written policies as those practices and procedures relate to the police
department's performance as a whole, and report their recommendations, if any, to the city council, city
manager and police chief
3. Title 8, entitled "Police Regulations," Chapter 8, entitled "Police Citizens Review Board," Section
7, entitled "Duties of Board; Complaint Review and General Duties," Subsection B is amended by deleting
Paragraph 1e and adding the following new Paragraph 1e in lieu thereof:
Perform its own investigation with the authority to subpoena witnesses.
4. Title 8, entitled "Police Regulations," Chapter 8, entitled "Police Citizens Review Board," Section
7, entitled "Duties of Board; Complaint Review and General Duties," Subsection C is amended by deleting
Paragraph 3 and adding the following new Paragraph 3 in lieu thereof:
In addition to the annual report, the board shall report to the city council, from time to time, on police
practices, procedures and policies, including recommended changes, if appropriate, and hold at least one
community forum each year for the purpose of hearing citizens' views on the policies, practices and
procedures of the Iowa City Police Department
5. Title 8, entitled "Police Regulations," Chapter 8, entitled "Police Citizens Review Board," Section
8, entitled "Board Composition; Limited Powers of Board," Subsection B is amended by deleting
Paragraph 3 and adding the following new Paragraph 3 in lieu thereof:
The board has no power to review police officer personnel records or disciplinary matter except to the
extent such matters are made public by the city attorney or are the subject of an enforceable subpoena.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this --,- day of ,2007.
MAYOR
ATTEST:
CITY CLERK
APP~ ~__
~ I t- c:JO-o-i-
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 11 /27 /2007
Vote for passage: AYES: Bailey, Champion, Correia, O'Donnell, Vanderhoef, Wilburn.
NAYS: None. ABSENT: Elliott
Second Consideration
Vote for passage:
Date published