HomeMy WebLinkAbout1988-08-09 OrdinanceORDIPLE NO.
ORDINANCE VACATING A PORTION OF WATERFRLNI DRIVE
WHEREAS, W.A. Gay and Cmpagy, Inc., has
requested that approximtely the vest eight (8) feet
of Waterfront Drive right-of-way be vacated and
added to their lot; and
WHEREAS, the applicant requests the vacation to
facilitate the reconstruction of their building that
was substantially destroyed in a fire an May 10,
1988; and
WHEREAS, Waterfront Drive has a right-of-way
width of 66 feet adjacent to the applicant's lot and
serves as a local street for which urban design
standards require a 50 -foot right-of-vAy; and
WHEREAS, it is highly unlikely that substantial
irnpmvenent to Waterfront Drive will omr far which
this portion of the right-of-way may be needed.
NOW,TWHORE, BE IT ORDAINED BY 11E CITY MICIL
OF M CITY OF IGA CITY, IDA:
SECTICN I. VACATION. That the City of Iowa City
hereby vacates that portion of Waterfront Drive
legally described below:
Camencing at a point on the east line of
Goverrmoht Lot 4, of Section 15, Township 79
North, Range 6 West of the 5th Principal
Wridian, which is 759.00 feet S0721'20"E of the
Northeast Corner of said Goverment lot 4; thence
589.35109"W, 89.56 feet to a point on the
Westerly right-of-way line of Waterfront Drive,
formerly know as Sand Road and originally
established as Burlington Road, which point is
the Point of Begimirg; these N04'ffi'40'W, along
said right-of-way line 81.93 feet; thence
Northwesterly 159.42 feet along said Westerly
right-of-way line, on a 494.67 foot radia acre,
concave Southwesterly, whose 158.74 foot chord
bears N13.40'38"W, to a point which is 33.00 feet
nonrally distant Southwesterly of the carter lire
of said Waterfront Drive; thence N39'56'23"E,
8.67 feet, to a point which is 25.00 feet,
radially distant Southwesterly westerly of said center
line; thence Southeasterly 158.64 feet, along a
502.67 foot radius am, concave Southeasterly,
whose 157.98 foot card bears S13'29'07E; those
504.26140"E, 336.41 feet, along a line parallel
with and 25.00 feet carnally distant South-
westerly of said Waterfront Drive ceder line,
and its Southeasterly projection thereof, to its
intersection with the westerly right-of-way line
of Waterfront Drive; thence Northwesterly 70.58
feet, along said Westerly right-of-wgy lire, on a
309.97 foot radius curve, concave Northeasterly
whose 70.42 foot chord bears N10'58'02"W; thence
N040261401% along said westerly right-of-way
Ordinance No.
Page 2
line 184.51 feet, to the Point of Beginning.
Said tract of land contains 3,778 square feet,
more or less, and is subject to easerents 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, provi-
sion 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
vole or any section, provision or part thereof not
adjudged invalid or nnoonnstitutional.
SECTION IV. EFFECTIVE LATE: This Ordinance shall
be in effect after its final passage, approval and
publication as required by lay.
Passed and approved this
VAYCR
ATTEST:
CITY CLEAC
Approved as to Form
g T let
Legal Veparbont
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STAFF REPORT
To: Planning and Zoning Commission
Item: V-8804. Waterfront Drive Vacation
GENERAL INFORMATION:
Applicant: Gay's Locker Company
1421 Waterfront Drive
Iowa City, Iowa 52240
Phone: 337-2167
Contact Person: Michael Gay
Vacation of a portion of
Waterfront Drive right-of-way.
To permit acquisition by the
applicant.
Portion of Waterfront Drive
right-of-way adjacent to
applicant's lot north of
Stevens Drive.
Prepared by: Barry Beagle
Date: July 21, 1988
Requested action:
Purpose:
Location:
Size:
Comprehensive Plan:
SPECIAL INFORMATION:
Public utilities:
BACKGROUND:
3,778 sq. ft.
Intensive Commercial
I
Gas and telephone service are
located within the western
right-of-way limits of Water-
front Drive.
Gay's Locker Co. requests that approximately thewest eight (8) feet of
Waterfront Drive right-of-way adjacent to their 3.37 acre tract north of
Stevens Drive be vacated and added to their lot. Recently a substantial
portion of the applicant's bulding at 1421 Waterfront Drive was destroyed
in a fire. A new building is to be constructed that provides for a
parking area in the front yard along Waterfront Drive and a loading area
for livestock deliveries to the rear of the building (see Preliminary Site
Plan). Based upon the applicant's site plan, compliance with the minimum
aisle width and right-of-way tree requirements cannot be achieved for a
portion of the parking area and frontage. Reconstructing the building
further back from Waterfront Drive is potentially complicated by a
proposed stormwater detention basin along the rear (west) property line
and the present location of the slaughter area. As a nonconforming use,
the slaughter area (the remaining portion of the original building) cannot
be enlarged or relocated on the lot and will be incorporated into the new
building design. To resolve this conflict with the parking and tree
requirements, the applicant proposes the vacation of the eight (8) foot
strip that runs along the applicant's entire frontage with Waterfront
Drive,
Page 2
Accompanying this request is an application for approval of a preliminary
and final plat to subdivide the 3.37 acre tract into 3 commercial lots
(see S-8827). The plats have been prepared according to the reduced
right-of-way width and are dependent on the proposed vacation.
ANALYSIS:
Waterfront Drive is a substandard street having a right-of-way width of
66 -feet and a pavement width of 23 -feet without curb and gutter.
Functionally, Waterfront Drive serves as a local street, used primarily
for providing access to abutting property. The design standard for a
local street is a 50 -foot right-of-way width and 28 -feet of pavement
width, back to back of curb. The proposed vacation would reduce the width
of the west half of Waterfront Drive right-of-way from 33 -feet to 25 -feet
for a total adjusted width of 57 -feet. Northof Gay's Locker Co. the
width of the right-of-way increases to 73 -feet, 40 -feet west of center-
line, to the point where it turns west to Gilbert Street. The street
segment extending west to Gilbert Street has a right-of-way width of
50 -
feet, consistent with local street standards. The Commission may wish to
consider the vacation of the west 15 -feet of Waterfront Drive right-of-way
north of Gay's Locker Co. to maintain a uniform width. According to the
plats accompanying this request, a 10 -foot utility easement is to be
retained from the edge of the adjusted right-of-way line to contain any
existing or proposed utilities.
Vacation of the west eight (8) feet of Waterfront Drive right-of-way will
not diminish or preclude access to abutting property. The only property
adjacent to this subject right-of-way is that of the applicant. The
proposed vacation should not diminish the use or function of this street
to carry moderate volumes of residential and commercial traffic.
Two (2) utilities are presently located within the western portion of the
Waterfront Drive right-of-way. A buried telephone cable and four (4) inch
steel, intermediate pressure, gas main exist within the western limits of
Waterfront Drive right-of-way. With the retention of a 10 -foot utility
easement overlapping the vacated right-of-way, Northwestern Bell and Iowa -
Illinois Gas & Electric have no objection to its vacation. Heritage
Cablevision currently does not have any cable extensions along Waterfront
Drive and more than likely will not make any extensions given the commer-
cial nature of this area. However, should the southern portion of the
applicant's lot at the intersection of Waterfront Drive and Stevens Drive
be developed to contain apartments, cable service may need to be extended.
Reservation of a utility easement over the area of the vacated right-of-
way, will give Heritage Cablevision the opportunity to make cable exten-
sions in the future.
Sidewalks presently do not exist along Waterfront Drive. Given existing
and projected residential development to the south, safe and convenient
pedestrian access to this general commercial area may some day be re-
quired. Vacation of the west eight (8) feet of Waterfront Drive should
not prevent the construction of a standard (4) foot sidewalk if it is to
be located on this side of the street.
Page 3
It is anticipated that Southgate Avenue will someday be extended west
across Waterfront Drive to intersect with Gilbert Street. Should this
occur, the Waterfront Drive railroad crossing could be closed with
Waterfront Drive cul-de-saced just south of the tracks and the Stevens
Drive/Waterfront Drive intersection improved north of the tracks. This
would place the burden of pass-through traffic on Southgate Avenue, which
is presently designed to accommodate such traffic, as opposed to Water-
front Drive. In such event, substantial improvement to Waterfront Drive
for which this right-of-way portion may be needed, is highly unlikely.
Likewise, if there is no change in the configuration of the street network
in this area, it is unlikely that Waterfront Drive would ever be improved
to the extent that 66 feet of right-of-way was necessary.
STAFF RECOMMENDATION:
Staff recommends that the request to vacate a 3,778 sq. ft. portion of
Waterfront Drive be approved contingent upon a 10 -foot utility easement
being retained over the vacated area and recorded at the time of vacation.
ATTACHMENTS:
1. Location Map.
2. Survey of Proposed Vacation.
Location Map of Proposed Rezoning.
Approved by:
D al cimeiser, Director
Department of Planning and
Program Development
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LEGAL DESCRIPTION
Commencing at a point on the East Linc of Government Lot 4,
Of Section 15, Township 79 Horth, Range 6 West of the Fifth
Principal Meridian, which is 759.00 feet S00'21'20"E of the
Northeast Corner of said Government Lot 4; Thence
S89.35'09"W, 89.56 feet to a point on the Westerly Right of
Way Linc of Waterfront Drive, formerly known as Sand Road
and originally established no Burlington Road, which point
is the Point of Beginning; Thence N04.26'40"W, along said
Right of Way Line 81.93 feet; Thence Northwesterly 159,42
feet along said Westerly Right of Way Linc, on a 494.67 foot
radius curve, concave Southwesterly, whose 158.74 foot chord
bears 1113.40'38"W, to a Point which is 33.00 feet normally
distant Southwesterly of the Centerline of said Waterfront
Drive; Thence N89.56'23"E6.67 fact, to o Point which 1s
25.00 feet, radially distant Southwesterly of said
Centerline; Thence Southeasterly 158.64 feet, along a 502.67
foot radius curve, concave Southeasterly, whose 157.98 foot
chord bean: S13.29'07"E: Thence SO4.26'40"E, 336.41 feet,
along a Linc parallel with and 25.00 feet normally distant
Southwesterly of said Waterfront Drive Centerline, and its
Southeasterly Projection thereof, to its intersection with
the Westerly Right -of -Way Line of Waterfront Drive; Thence
Northwesterly 70.56 feet, along said Westerly Right -of -Way
Line, on a 309.97 foot radius curve, concave Northeasterly
whose 70.42 foot chord bears NIO'Se-02"W; Thence
N04.26'40"W, along cold Westerly Right -of -Way Linc 104.51
feet, to the Point of Beginning. Said tract of land
contains 3,770 square feet, more or ]cos, and Is subject to
casements and restrictions of record.
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LEGAL OE9CRIPTION
Commencing at a point on the East Line of Government Lot 4,
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of Bostic. 15, Township 79 North, Range 6 Nest of the Fifth
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Principal Meridien, which is 759.00 feet 500.21'20"E of the
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Northeast Corner of sold Government Lot 4; Thence
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509.55109"W, 89.56 feet to a point on the Westerly Right of
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Way Line of Waterfront Drive, formerly known as Send Road
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and originally established as Burlington Road, which point
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Is the Paint of Beginning; Thence 1404.26140"W, along said
Right of Way Line 81.93 feet; Thence Northwesterly 159.42
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feet along said Westerly Right of Way Line, on a 494.67 foot
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radius curve, concave Southwesterly, whose 150.74 foot chord
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beoro 1413.40'30"W, to a point which l0 33.00 feet normally
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distant Southwesterly of the Centerline of said Waterfront
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Drive; Thence 1489656123"E, 8.67 feet, to a Point which is
25.00 feet, radially distant Southwesterly of said
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Centerline; Thence Southeasterly 150.64 feet, along a 502.67
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toot radius curve, concave Southeasterly, whose 157.96 foot
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chord bear. 513.29107"E; Thence 504.26140"E, 336.41 feet.
along a Line parallel with and 25.00 feet normally dlotant
Southwesterly of said Waterfront Drive Centerline, and its
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Southeasterly Projection thereof, to Its Intersection with
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the Westerly Right -of -Hay Line of Waterfront Drive; Thence
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Northwesterly 70.50 feet, along sold Westerly Right -of -Hay
Line, on a 309.97 foot radius curve, concave Northeasterly
whoa. 70.42 foot chord bases 1110'60'02"W; Thence
1404.26'40"W, along cold Westerly Right -of -Noy Line 104.51
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feet, to the Point of Beginning. Said tract of land
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contains 3,770 square feet, Aare or leas, and Is subject to
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easements and restrictions of record.
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City of Iowa City
1
'MEMORANDUM
Date: July 20, 1988
To: City Council
From: Monica Moen, Associate Planner RVQ 1
I
Re: Maiden Lane Improvements
At its July 7, 1988, meeting, the Planning and Zoning Commission
unanimously recommended approval of the proposal to redesignate Maiden
Lane, between Court and Harrison streets, an alley with the condition that
this segment of Maiden Lane be paved and metered parking provided. The
' attached illustration depicts a design alternative for this portion of
Maiden Lane that would offer 31 public parking spaces.
I
For the Council's information, the Engineering Division of the Public
Works Department has estimated that improving Maiden Lane in the manner
shown on the illustration would cost either $62,100 if a concrete surface
was installed or $65,625 if an asphalt surface was used. At an occupancy
rate of only 50%, the proposed 31 meters could annually generate approxi- I
mately $11,600 in revenue. I
If you have any questions or would like additional information, please do
not hesitate to call me at 356-5247.
tp3-6
01
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ORDIWYJCE NO._
ORDINANCE REDESIGNATING MAIDEN LANE WDIEENN THE
OM RIL;;TT-OF-WAY LINE OF COURT STREET AND THE
NORTH RIGHT-OF-WAY LINE OF MISON SWM AN ALLEY.
*EREAS, the portion of Maiden Lane between
Court and Harrison streets is not the principal
mans of access to abutting property; and
WERfAS, this segrent of Maiden Lane affords
only a secondary means of access to adjacent lard
and structures; and
MUM, this public right-of-way is rat
generally used for the purpose of through vehicular
traffic and such use is not planned.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
OCKIL OF TLE CITY OF IU A CITY:
SECTION I. REOESIONATICN. That the City of
Iowa City hereby redesignates that potion of Maiden
Lane legally described below as an alley:
Beginning at a 5/8 inch iron pin found at
the Southeast Corner of Block 19, of the
County Seat Addition to Iowa City, Iowa,
as Recorded in Deed Book 1 & 2, at Page
253, of the Records of the Johnson County
Recorder's office; Thence taWOOO'00"W, an
Assumed Bearing along the East Line of
said Block 19, 320.95 feet, to the North-
east corner of said Block 19, a Point an
the Southerly Right -of -Way Line of Court
Street, in the City of Iowa City, Iowa;
Thence SM021'46"E, along the Easterly
Projection of said Line, 56.92 feet, to a
Point on the Westerly Line of Block 2, of
Berryhill and Pierces Addition, as
Recorded in Dead Record Book 12, at Page
188, and Re -traced in Plat Book 2, at Page
31, all of the Records of the Johnson
County Recorder's Office; Thence
500003'02"W, along said Westerly Line,
320.04 feet, to a Point on the "Indicated
North Lire of Harrison Street", in
Accordance with the Survey by Robert J.
Wheeler, dated the 2rd day of July, 1957,
and Recorded in Plat Book 4, at Page 414,
of the Records of the Johnson Canty
Recorder's Office; Thence S89043'05"W,
56.68 feet, to the Point of Beginning.
Of
ordinance No.
Page 2
SECTION II. REPEALER. All ordinances and
parts of ordinarces 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 aadjju*
to be invalid or unconstitutional, such adjudication
shall not affect the validity of the ordinance as a
vAale or any section, provision or part thereof rat
adjudged invalid or uconstitutional.
SECTION IV. EFFECTIVE D41E. This Ordinance
shall be in effect after its final passag, 4proval
and publication as required by law.
Passed and approved this
MYOR
ATTEST:
CITY CLEFK
Approved as to Form
7/ IIke
LegalDepar�it
M
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It was moved by and seconded by that
the Ordinance as rea e , a op e and upon roll ca t ere were:
AYES: NAYS: ABSENT:
Ambrisco
Courtney
_ Dickson
_ Horowitz
_ Larson
McDonald
Strait
First Consideration _
Vote for passage:
Second Consideration
Vote for passage:
Date published
I
A
City of Iowa City
MEMORANDUM
Date: July 7, 1988
To: Planning and Zoning Commission
From: Monica Moen, Associate Planner
Re: Vacation of Maiden Lane between Court and Harrison streets
Utility Access
At the June 16, 1988, meeting of the Planning and Zoning Commission,
Commission members wanted to know whether all existing and future utili-
ties within the portion of the Maiden Lane right-of-way between Court
Street and the northern right-of-way line of Harrison Street could be
contained within a 20 foot wide segment of Maiden Lane. Based upon
additional information furnished by Iowa -Illinois Gas & Electric Company
and Northwestern Bell Telephone Company regarding the location of those
utilities, a 20 foot wide portion of Maiden Lane cannot protect existing
telephone and electrical services placed in this right-of-way.
As illustrated on the attached plans, buried east -west oriented electrical
and telephone services transect the 47 foot width of Maiden Lane. In
addition, north -south oriented telephone, sanitary sewer and storm sewer
utilities are located too far apart from one another to be collectively
protected by a 20 foot wide portion of the Maiden Lane right-of-way.
Future electrical services to accommodate the redevelopment of properties
on the east side of Maiden Lane are expected to be buried parallel to the
eastern boundary of Maiden Lane, on the opposite side of the street in
which telephone lines are buried. From the perspective of covering
existing and proposed utilities contained within Maiden Lane, then, the
entire approximate 47 foot width of Maiden Lane is required to achieve
that purpose.
Public Parking
As noted in the June 16, 1988, staff report, retention of Maiden Lane at
an approximate width of 47 feet would allow the City to provide public
parking in an area that experiences parking problems. The attached
parking plan illustrates that sufficient area is available to place 31
parking spaces within the existing Maiden Lane right-of-way and allow
access to adjacent commercial uses. Redevelopment of the property west of
Maiden Lane may require eliminating two spaces to allow vehicular access
from this proposed parking area to this property.. If this parking area is
metered, sufficient revenue may be generated to cover the cost of these
improvements.
Benefits to Private Property Owners - Street vs. Alley Designation
The June 16, 1988, staff report suggested that private property owners
could benefit by the redesignation of Maiden Lane as an alley in that
11Y
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Maiden Lane would no longer be regarded a street and front yard setbacks,
as required, would no longer apply to this frontage. In addition, Zoning
Ordinance restrictions which prohibit parking within the front yards of
properties in R zones or in C zones within 50 feet of an R zone would not
be applicable to properties with Maiden Lane frontage if that right-of-way
were redesignated an alley. Parking to accommodate either a residential
use constructed on RM -145 land west of Maiden Lane or the redevelopment of
CB -2 or CC -2 zoned land east of Maiden Lane could be located adjacent to
Maiden Lane if that street was redesignated an alley. Otherwise, parking
spaces could not be located within the 20 foot front yard, as required,
within the RM -145, the CB -2 and the CC -2 zones on either side of existing
Maiden Lane right-of-way.
Lifting development restrictions by redesignating Maiden Lane an alley may
foster redevelopment of the area. Because street frontage limitations
would no longer be applicable, the buildable area of adjacent private
properties would, as a result, be enlarged. The development appeal of
undeveloped property on the west side of Maiden Lane may increase and the
redevelopment potential of property east of the right_ of -way may improve.
STAFF RECOMMENDATION
Staff reiterates its recommendation to designate Maiden Lane an alley 47
feet in width which will not preclude the ability
to provide parking
within this right-of-way at a futu
Approved by:
onald chmeiser, Director
Department of Planning and
Program Development
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STAFF REPORT
To: Planning & Zoning Commission
Item: V-8802. Maiden Lane Vacation.
i
GENERAL INFORMATION:
j Applicant:
Requested action:
Purpose:
Location:
Size:
Surrounding land use and zoning:
Applicable regulations:
SPECIAL INFORMATION:
Public utilities:
Transportation:
Prepared by: Monica Moen
Date: June 16, 1988
John R. Rummelhart, Jr.
1430 Waterfront Drive
Iowa City, Iowa 52240
Phone: 338-1121
Vacation of a portion of the
Maiden Lane right-of-way.
To permit acquisition by
adjoining property owners.
Maiden Lane between Court
Street and the northern right-
of-way line of Harrison Street.
47' x 320'; 15,040 square feet.
North - Commercial; CB -2.
East - Commercial, Residential
above Commercial Uses;
CB -2 and CC -2.
South - Commercial, CC -2.
West - Undeveloped and Commer-
cial; RM -145.
Chapter 364 of the Code of
Iowa, 1987.
Storm and sanitary sewers and
telephone, gas and electric,
and cable television services
are located in this right-of-
way.
The right-of-way provides
access to the rear entrances of
existing buildings with Gilbert
Street frontage. Entrances to
the Community Auction building
are also oriented to Maiden
Lane.
BACKGROUND:
The applicant, John R. Rummelhart, Jr., requests that the City vacate the
portion of Maiden Lane lying between Court Street and the northern right-
of-way line of Harrison Street, a distance of approximately 320 feet. On
I
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or about June 17, 1988, Mr. Rummelhart anticipates purchasing property
west of Maiden Lane which fronts onto this 320 foot portion of the right-
of-way.
Maiden Lane was originally platted at a width of approximately 57 feet.
On December 3, 1875, the City vacated the easterly ten feet of the right-
of-way. The rectangular portion of Maiden Lane under consideration,
therefore, measures approximately 47 feet by 320 feet. Mr. Rummelhart is
requesting that the remaining, unvacated portion of Maiden Lane be vacated
and that the westerly 28 feet of the right-of-way be disposed of to him.
ANALYSIS:
In evaluating a request for vacation of a City -owned right-of-way, the
impact of that action on private property access and on the City's ability
to provide fire protection and other emergency services are of primary
concern. Disposition of public right-of-way may also affect vehicular and
pedestrian circulation, utility access and the availability of public
parking.
Vehicular/Pedestrian Access and Circulation: Although unimproved to
current City street standards, Maiden Lane provides vehicular and
pedestrian access to the rear entrances of existing buildings which front
onto Gilbert Street. This right-of-way permits access by delivery
vehicles serving the commercial uses occupying those buildings in much the
same way that alleys provide access to buildings in other commercial
areas. Maiden Lane offers an alternative to the use of Gilbert Street for
that purpose, thereby, assuring the ability of Gilbert Street to carry
larger volumes of traffic in an unrestricted manner.
The northern part of the tract west of Maiden Lane is undeveloped and is
accessible from Linn Street. Community Auction, located on the southern
portion of this tract, has frontage on Harrison Street; its entrances are
all currently oriented toward Maiden Lane, however. If the tract west of
Maiden Lane is redeveloped for a residential use consistent with its RM -
145, High -Rise Multi -Family Residential zoning classification, an addi-
tional access to this high density development via Maiden Lane would
assure uncongested traffic conditions on adjacent streets. This is an
important consideration on Linn Street and, to a lesser extent, on
Harrison Street. Maiden Lane, therefore, continues to provide access to
abutting establishments and to facilitate pedestrian and vehicular
circulation on intersecting streets.
The buildings on the east side of Maiden Lane consume the entire lots on
which they are located. The property west of Maiden Lane may be
redeveloped for high density, multi -family residential development. Given
the high building intensity and population density potential in the area,
it is in the public interest to retain Maiden Lane as a public right-of-
way to ensure the prompt and efficient delivery of fire protection and
emergency services to the area.
Utilities: Several utilities exist within the portion of Maiden Lane
under consideration. A north -south 48 -inch storm sewer depicted on the
survey plat extends to Ralston Creek. A sanitary sewer parallels this
storm sewer and intersects with an east -west oriented sewer within the
Harrison Street right-of-way.
Not illustrated on the survey plat are existing telephone, cable televi-
sion, and gas and electric services within Maiden Lane. Buried telephone
conduit runs north and south along the west side of this right-of-way and
continues south beyond the area requested for vacation. An underground
telephone vault has been placed immediately north of the Harrison Street
right-of-way.
Heritage Cablevision has identified an underground cable television
service extending westerly from a utility pole located in the northwestern
corner of the Maiden Lane right-of-way, immediately south of Court Street.
This line serves residential uses in the building located on the southwest
corner of Gilbert and Linn streets (401 South Gilbert Street). It is
unknown if other private cablevision services exist in the right-of-way.
From the same utility pole, underground electrical service extends
easterly to also accommodate 401 South Gilbert Street.
In the event of vacation of Maiden Lane, Iowa -Illinois Gas & Electric
requests that a 15 -foot wide easement be reserved within Maiden Lane from
Court Street south to Ralston Creek to accommodate the redevelopment of
property on the east side of Maiden Lane. Presently, except for the 401
South Gilbert Street property, all uses on the east side of Maiden Lane
obtain electricity from sources on the east side of Gilbert Street. If
these buildings are redeveloped to their full use, their electrical
services must be upgraded; the Gilbert Street source is incapable of
handling the upgraded services. To facilitate potential improvements,
Iowa -Illinois Gas & Electric, therefore, requests reservation of a 15 -foot
wide north -south oriented easement within Maiden Lane if this street is
vacated. All other utilities within this right-of-way would have to be
similarly protected. Although buildings or structures could not be
erected on any utility easements, vacation and disposition of Maiden Lane
would enable adjacent landowners to construct drives, walkways and/or
parking areas over these easements.
Public Parking: A limited amount of unmetered public parking is available
within the portion of Maiden Lane under consideration. Prior to placing
restrictions on parking within this street, Maiden Lane offered a popular
free and long-term alternative to metered parking and to off-street
parking available in City -owned ramps. In response to adjacent property
owners' frustration at the inability to access their businesses and to
provide parking for their patrons and, as a result of the congested
conditions observed, parking on the west side of Maiden lane was
restricted to one hour and parking on the southeast side of the right-of-
way was prohibited.
Parking required by adjacent businesses continues to be a problem in the
immediate area due to the inability of property owners to provide on-site
parking. By vacating and disposing of Maiden Lane, the City would
relinquish its ability to provide public parking in this right-of-way and
to relieve parking constraints in the area. Private control of the former
right-of-way offers no assurance that space within the vacated right-of-
way would be reserved for parking purposes. In the interest of preserving
an opportunity to address the parking issue in the area, it is not in the
public interest, therefore, to vacate and dispose of Maiden Lane.
Alternative to Right -of -Way Vacation: In lieu of vacating the unvacated
portion of the Maiden Lane right-of-way between Court Street and the
northern right-of-way line of Harrison Street, staff suggests that this
//W
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approximate 47 -foot by 320 -foot segment of Maiden Lane be designated an
alley. The ramifications of this action would be that public and utility
access would be preserved, vehicular and pedestrian circulation in the
area would be unhindered, and the public option of providing parking in
the area would be retained. Adjacent property owners, on the other hand,
would benefit from the standpoint that setbacks, as they apply to street
frontages, would no longer be relevant. The 20 -foot front yard setback of
the CC -2 zone and of the RM -145 zone when low-rise multi -family dwellings
are constructed in that zone would no longer be applicable. Existing
buildings could be expanded or new buildings constructed closer to the
Maiden Lane right-of-way than currently permitted. In staff's opinion,
this can be achieved without compromising the ability of Maiden Lane to
provide vehicular and pedestrian access, the efficient delivery of
emergency services, public utility access and the option of using the
right-of-way for public parking.
STAFF RECOMMENDATION:
Staff recommends that the request to vacate an approximate 47 -foot by 320 -
foot segment of Maiden Lane between Court Street and the northern right-
of-way line of Harrison Street be denied. Alternatively, staff recommends
that this portion of Maiden Lane be redesignated as an alley.
ATTACHMENTS:
1. Location Map.
2. Applicant's Statement in Support of Vacation Application.
3. List of Property Owners within 200 feet.
4. July 8, 1986, Survey.
Approved by:
onald chmeiser, Director
Department of Planning and
Program Development
//9X
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Amyl v-/ - I
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M -Ay I 1 1988
ATTACHMENT MARIAN K. KARR
Statement 12 Su ort of A llcion for CIN CLERK (3)
Vacation an D35 osa o a Port oat
n of maiden Lane
Lying South of Court Street ano North or Harrison Street
TO: Iowa City Planning and Zoning Commission
Iowa City City Council
The Applicant, John R. Rummelhart, Jr., is requesting that
the City vacate a rectangular portion of Maiden Lane lying
between Court Street and Harrison Street. John R. Rummelhart,
Jr. is an unrecorded contract purchaser from the Hills Bank and
Trust Company as Executor of the Frank E. Vogel Estate. The
Applicant's property is located west of the property to be
vacated. The parcel is approximately 47' x 320'. Maiden Lane
was originally 56' x 320' but the easterly 10 feet has already
been vacated by previous ordinance of the City of Iowa City.
The Applicant requests that the remaining portion of
Maiden Lane which has not been vacated now be vacated and that
the westerly 2B feet of said right of way be disposed of to
John R. Rummelhart, Jr. at a fair and reasonable price.
The Applicant also states as follows:
1. The subject property is no longer needed or used as a
regular City street.
2. There is an existing sanitary sewer and storm sewer
easement located over and across the Maiden Lane
right of way. The Applicant acknowledges that it
will be necessary for the City to retain these
utility easements.
3. The use of the subject property as a public street
would require substantial expenditure of City funds
to maintain and improve it in order to make it func-
tional and safe.
4. The City has not maintained the subject property for
a considerable number of years and the road may have
never been opened for public use.
The following attachments are included with this Applica-
tion:
A. Location map.
0. Legal description.
C. 1986 survey slowing the property. (Please note that
the legal description on the survey includes the 10
feet previously.vacated.)
D. List of property owners within 200 fact of subject
property.
This vacation applicationis subject to Applicant being
able to purchase the west 2a feet of Maiden Lane at a
6
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reasonable price and close the purchase from the V09e1 Estate
on or about June 17, 1988.
04/14-04-174
0
� o a � M
!'AY 1 11980
MARIAN K. KARR
CITY CLERK (3)
I
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reasonable price and close the purchase from the V09e1 Estate
on or about June 17, 1988.
04/14-04-174
0
� o a � M
!'AY 1 11980
MARIAN K. KARR
CITY CLERK (3)
I
List Of Property Owners Within
200 Feet of S biect Prop ctv
OWNER
ADDRESS
Youth Homes, Inc.
402 South Linn Street
Iowa City, Iowa 52240
Hwan Jo Chung
412-16 South Linn Street
Iowa City, Iowa 52240
St. Patrick's Church
435 South Linn Street
Iowa City, Iowa 52240
St. Patrick's Church
228 East Court Street
Iowa City, Iowa 52240
Gene Kroeger and David M.
320 South Linn Street
TSgges
Iowa City, Iowa 52240
Joel D. Schintler and Peggy
J. Schintler
330 South Linn Street
Iowa City, Iowa 52240
Gene Kroeger and David M.
Tigger
332 South Linn Street
Iowa City, Iowa 52240
Benjamin P. Chait
Vacant Lot
Cahill -Cahill
316 East Court Street
Iowa City, Iowa 52240
Old Feed Store Associates
330 East Court Street
Iowa City, Iowa 52240
Cahill -Cahill
317 South Gilbert Street
Iowa City, Iowa 52240
Cahill -Cahill
325 South Gilbert Street
Iowa City, Iowa 52240
City of Iowa City
Lot South of Harrison and
East of Linn Street
Thomas M. Nereim
310 Prentiss
Iowa City, Iowa 52240
Benjamin Chait
Lots 1 and 2 Block 5 Lyons
Ist Addition
Iowa City, Iowa 52240
(Parking Lot-Blacktopped)
Frank Boyd, at al
519 South Gilbert Street
Iowa City, Iowa 52240
Bruce E. Johnson and Grace
507 South Gilbert Street
E. Johnson
Iowa City, Iowa 52240
Wayne S. Sullivan
519 South Gilbert Street
Iowa City, Iowa 52240
Paul F. Dunlap, at al
419 South Gilbert Street
Iowa City, Iowa 52jjjj2���240
Paul F. Dunlap, at al
407 South Glib rt Sd ka!et u lS D
Iowa City, Iowa 5 d0
''AY 1 (1980
MARIAN K. KARR
CITY CLERK (3)
i
-2 -
Dave Braverman
405 South Gilbert
Street
Iowa City, Iowa
52240
Daryl K. Granner and Nancy
401 South Gilbert
Street and
J. Granner
329 East Court Street
Iowa City, Iowa
52240
Benjamin P. Chait
Beginning at SW Corner of
Lot 6, Block 2, Serryhill
Iowa City, Iowa
52240
Benjamin P. Chait
408 South Gilbert
Street
Iowa City, Iowa
52240
Pipeyard Partnere (Jim Clark)
334 South Gilbert
Street
Iowa City, Iowa
52240
04/14-04-173
0 d E 1!1
I!AY 1 11980
MARIA14 IC. KARR
CITY CLERK (3)
V-8802
VACATION OF MAIDEN LANE RIGHT-OF-WAY
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NOTICE OF OBJECTION
T0: The Planning and Zoning Commission -and the City Council
of the City of Iowa City, Iowa
The undersigned, Dunlap Properties, an Iowa general partnership and
owner of property adjacent to and served by a portion of Maiden Lane
between Court Street and Harrison Street in Iowa City, Johnson County,
Iowa, does hereby object to the proposed closing of said street, the
redesignation of said right of way from a street to an alley, and to any
reduction in the width of said existing right of way because any such
action will reduce the existing access to property owned by the under-
signed and thereby impair its value.
Daced this 16th day of June, 1988.
JUN 161988
MARIAN K. KARR
CITY CLERK (3)
' l/9�
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C DININCE W. -3388
AN OiDIME MENDING THE ZCNING C4DINAXE BY
CIVNDING THE USE REi9AATICNS OF CERTAIN PROPERLY
LOCATED AT 1421 MTERFi M DRIVE.
WEREAS, the Property located at 1421 WaterFront
Drive is located in an area caned CI -1, Intensive
Commrcial Zane; and
MUMS, the Comprehensive Plan sham the
Propertythe boudary of an area designated for
general commercial lard uses to the north and
intensive cammroial lard uses to the south; and
WEREAS, the Canprdrnsive Plan is a general
guide a tand iebe imewith flexibilityatt�boundaries of designated
uses to allow appropriate transitions between such
areas; and
the
established
cmrme' rcialarea, surrounded ded ais mi three of sides by the
CC -2, Cmmnity Camereial Zane; and
WERFAS, the CC -2 zone would permit develWrent
compatible with surrounding land use patterns, and
stabilize the area closet to U.S. High W 6 for
general a mrcwcial uses.
fDW,THEREFORE, BE IT Cffl4IfED BY m Cm MICIL
OF THE CITY OF ICVA Cm, IOW4:
SECfICN I. We
MOW. that the property
EM bels is hereby reclassified from its
present classification from CI -1 to CC -2:
Came irg as a Point of reference at the
Northeast Corner of the Southwest quarter of
Section 15, Tatship 79 North, Range 6 West of
the 5th Principal Fieridlan, Johnson Camrnty, be;
thence South 00'21'20" East along the Easterly
line of Comment Lot 4 Waded 1,329.6 feet to
the fbrtlreast Conner of Governed hot 4 (this is
an assured hearing far purposes of this desaip-
"On Only); theme continuing South 00'21120"
East, 759.00 feat along the EmWly lire of said
Covem ert tot 4 to a point; thanoe South
89'35'09" test, 56.48 feet, to a point on the
Centerline of Wata*mt Drive (formerly Sand
Road), and the point of Beginning; thence South
04026'40" East, along said Certerline, 60.79
feet; theme South 89.35'09" Nest, 272.93 feet;
th mm forth 00.13104" Nest, 40.00 feet; there
North 17'36111" West, 20.92 feet; theme North
00'23146" test, 283.12 feet; there North
89.56'23" East, 235.25 feet; thence South
22'54'36" East, 71.83 feet; thence South
04.26140" East, 170.06 feet, to the Point of
Begimlrg. Said tract contains 1.870 acres,mere
or less, and is suhJect to easeretts and resb -
tions of record.
Ordinance No. 88_3388
Page 2
SSECTIOi II. REPEALER: All ordinances and parts of
ordinances in conflict with the provisions of this
ordinance are hereby repealed.
SECIiCN III. SEVMILIfY: If any section, provi-
sion or part of the Ordinance shall be adjudged to
be invalid or moonstitutional, 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 required by law.
Passed and approved this 9th day of August,
1988.
D
Approved as to Form
Z so Legal tY
1199
9
It was proved by Ambrisco and seconded by Dickson that
the Ordinance as reams od pfd, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
X Dickson
X Horowitz
X Larson
X McDonald
X Strait
First Consideration 7/26/88
Vote for passage: Ayes: Horowitz, Larson, t•1cDonald, Ambrisco,
Courtney. Nays: None. Absent: Strait, Dickson.
Second Consideration ---------
Vote for passage:
Date published 8/17/88
Moved by Ambrisco,.seconded by Dickson, that the rule
requiring 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: Morowitz, Larson, McDonald, Strait, Ambrisco,
Courtney, Dickson. Nays: None. Absent: None.
Pff
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OfDIWVCEfD. 88-3389
MIWKE M MM TfE MNISICM OF 1fE CC -2,
CCiMNITY CMMNIAL ZX TO ALLOW FOM LOOM AS A
PEIAIITTED USE.
WEREAS, the CC -2, Cmmnity Comrertial Iae, is
intended to provide for a vaHety of retail
establishmnts and services which serve a major
segent of the total canrnity population; and
WM. food lockers are establisfinents pri aHly
engaged in rientirg locker space for the storage of
food products far individual households; and
WERFA4, food lockers are consistent with the
intent of the CC -2 zone, and are ampatible with
other retail establishnads and services allowed in
the CC -2 zone.
NX 1fEUGE, 6E IT OWED By THE CITY COKIL
OF IOA CITY:
SECRLII i. MfhilEI1IS. That Section 36.19(b) of the
Code of Ohdlnanoes shall be mended by inserting the
following new sd>section:
(2.1) Food lockers.
SECiIOi II. RE�p dam. All ordinances ad pans of
ordirhares in conflict with the provision of this
ordinance are herby repealed.
SECM III. SEVERABI� ITY. If any sedim, provision
or part of the Ohdinnce shall be adjudged to be
invalid or unconstitutional, such ad*dication shall
not affect the validity of the Ordinance as a whole
ar any section, provision or part thereof not
adjudged invalid or uconstitutioral.
SECfIOV IV. rba. This Ordinance shall be
in effect after its final passage, approval and
publication as required by law.
passed and approved this 9th day of August,
1988.
r
MESA
Approved as to Fora
-ras lit
/0200
n
It was moved by Courrnev and seconded by Strait that
the Ordinance as readeb —adopted and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
x Dickson
X Horowitz
x Larson
X McDonald
X Strait
First Consideration 7/26/88
Vote for passage: Ayes: McDonald, Ambrisco, Courtney,
Horowitz, Larson. Nays: None. Absent: Strait, Dickson.
Second Consideration
Vote for passage:
Date published 8/17/88
Moved by Courtney, seconded by Strait, that the rule
requiring 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: McDonald, Strait,
Ambrisco, Courtney, Dickson, Horowitz, Larson.
Nays: None. Absent: None.
OiOINANCE NO. 88-3390
OralWNCE VACATING A PORTION OF BLM'UNGTON AND
CAPITOL STREETS.
MEREAS, the City of Iowa City and the Univer-
sity of Iowa have agreed to jointly develop a park-
ing facility, a water storage tank, and a chiller
plant on Block 100, Original Ton; and
VEWs construction of this project will
require the vacation of a strip along Capitol Street
for actual placement of the facility and vacation of
a portion of Bloomington Street to facilitate pedes-
trian traffic and underground utilities for the
joint facility; and
W,EM' the properties abutting these rights-
of-way are owned by the University of Iowa and
access to any private property will not be dimin-
ished by vacation of said portions of said streets.
NOW, T&AFOPE, BE IT ORDAINED BY TTE CITY
COUNCIL OF 11E CITY OF IOWA CITY:
SECTION I. VACATION. That the City of Iowa
City e y vaca ose portions of B wnington
and Capitol streets legally described below:
1. All that part of Bloomington Street right-of-
way from the west lot line of Lot 3, Block 100,
Original Ta+n to the west right -of -Way line of
Capitol Street. Capitol
2. The east 10 feet of the vest 20 feet of Cap
Street from the south right-of-way lire of
Davenport Street, extended, to the north right-
ofiray line, extended, of Bloomington Street.
10 Thisdescribed
cin width feet vacated by the
Ordiinnance st of No
56-(53.5) Section 9. All ordinances and
SECTION II. FEpENFR:
parts of ordinances in LMict with the provision
of this ordinance are hereby repealed.
SECTION III. SEVERABILITY: If any section,
provisionor pao e finance shall be adjudged
to be invalid or unconstitutional, such adjudication
shall not affect the validity of the Ordinance as a
vhole or any section, provision or part thereof rat
adjudged invalid or unconstitutional.
SECTION EFFETE DATE: is Ordinance
eV
shal m e i passage, approval
and publication as required b law•
tressed and approved this 9th day of August,
YD
App OV to
Legal partrnen
1A 00&
It was moved by Ambrisco and seconded by Dickson that
the Ordinance as read-Se a opte , and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
X Dickson
X Horowitz
X Larson
X McDonald
X Strait
First Consideration 6/28/88
Vote for passage: yes: Courtney, Horowitz, Larson, McDonald,
Strait, Ambrisco. Nays: None. Absent: Dickson.
Second Consideration 7/12/88
Vote for passage: Ayes: Dickson, Horowitz, Larson, McDonald,
Strait, Ambrisco, Courtney. Nays: None. Absent: None.
Third Consideration 7/26/88
Vote for passage: Ayes: Courtney, Horowitz, Larson, McDonald,
Ambrisco. Nays: None. Absent: Dickson, Strait.
Date Published 8/17/88
e
ORDINANCE NO.
AN ORDINANCE AMENDING CIAPTER 24 OF THE CODE OF
ORDINANCES OF THE CITY OF IM CITY, BY RFRFALING
ARTICLE VI THEREOF ENTITLED "NUISANCES," AND BY
ENACTING IN LIEU THEREOF A NEW ARTICLE VI, TO BE
CODIFIED THE SME, CONTAINING NEW DEFINITIONS,
S NUJUS ANO PROCEDLRES FOR THE ABATEIENT OF
NUISANCES.
BE IT ORDAINED BY THE CITY MICIL CF THE CITY OF
IOWA CITY, IOMIA:
SECTION I. That Chapter 24, the Cale of Ordinances
of the City of Iowa City, Iowa, be, and the same is
hereby anaded by repealing Article VI thereof
entitled "Nuisances," and enacting a new article to
be codified the sam to read as follows:
ARTICLE VI. NUISMNCES
Sections: 24-101. Nuisances Declared
24-102. Definitions
24-103. Nuisances Prohibited - A rOvity
to Abate
24-104. Notice to Abate - Service
24-105. Abatement by Administrative
Proceedings
24-106. Abatement by Nnicipal Infrac-
tion Proceedings
24-107. Abatement Renedies; Penalties
24-108. Emergency Abatement Procedure
Sec. 24-101. Nuisarnus Declared.
Whatever is injurious to the senses, or an
obstruction to the free use of party, so as
essentially to interfere with the comfortable
erdoyment of life or property, is a nuisance.
Nuisances shall include, but not be limited to Hese
activities and items hereafter set forth in this
section.
(a) Causing or suffering any refuse, garbage,
noxious substances, hazardous wastes, junk or
salvage materials to be collected or to remain
in any place to the prejudice of others.
Causing or suffering any refuse, garbage,
noxious substances, or hazardous wastes, junk,
salvage material or other offensive or dis-
agreeable substances to be thrown, left, or
deposited in or upon any street, avere, a11Qy,
sidewalk, park, public square, public
enclosure, lot, vacant or occupied, or upon any
pad or pool of water; except for:
(1) Refuse deposited and stored in accordance
with provisions of Chapter 15 of the Cade
of Ordinances of the City of Iowa City,
entitled "Garbage, Trash and Refuse";
(2) Canpost piles established and maintained
with written permission from the Johnson
Canty Public Health Department,
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(3) Junk or salvage materials properly stored
in a junk or salvage yard permitted under
Chapter 36, Zoning, of the Code of
Ordinances of Iowa City.
(b) Diseased or damaged trees or ships. pry dead,
diseased or damaged trees or shrubs, which nay
harbor serious insect or disease pests or
disease injurious to other trees or shrubs, or
any healthy tree which is in such a state of
deterioration that any part of such tree may
fall and damage property or cause injury to
persons.
(c) Weeds. Any condition relating to weeds which
is described as a nuisance in Chapter 34,
Article III of the Code of Ordinances of Ioa
City.
(d) Ditch, drain, or storrrvater detention basin.
Any ditch, drain or watercourse, which is now
or hereafter may be constructed so as to
prevent the surface and overflow water frau the
adjacent lands entering or draining into and
through the same. Any stormater detention
basin not maintained in an appropriate manner
so as to allow its proper function.
(e) Stagnant water. Stagnant water standing on ary
property. Any property, container, or material
kept in such a condition that water can
accumulate and stagnate.
(f) Vermin harborage. Conditions which are
wnducive to the harborage or breeding of
vermin.
(g) Vermin infestations. Infestations of vermin
such as rats, mice, skunks, snakes, bats,
starlings, pigeons, bees, wasps, cockroaches,
or flies.
(h) Sanitary sewer facilities. Facilities for the
storage or processing of sewage, such as
privies, vaults, sewers, private drains, septic
tanks, cesspools, and drain fields, which have
failed or do not faction pm perly or which are
overflowing, leaking, or emanating odors.
Septic tanks, cisterns, and cesspools which are
abandoned or no lager in use unless they are
emptied and filled with clean fill. Ary vault,
cesspool, or septic tank which does not comply
with the Johnson County Department of Health
regulations.
(i) Unsecured/unoccupied buildings. lkhocchpied
buildings or unoccupied portions of buildings,
which are unsecured.
(j) Dangerous buildings or structures.
(k) Abandoned buildings.
(1) thea propertywhichamay contribute ttointjuryn an
of
any person present on the property. Hazards
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shall include but rat be limited to open holes,
open foundations, open wells, dangerous trees
or limbs, abandoned refrigerators, or trapping
devices.
(m) fire hazards. Any thing or condition on the
property which creates a fire hazard or which
is in violation of the fire code.
(n) Health hazards. Any thing or condition on the
property which creates a health hazard or which
is in violation of any health or sanitation
law.
(o) Noise. Any violation of the roise aWter 24.4
of the Code of Ordinances of the City of Iowa
City.
(p) Snow removal. Any violation of Division 3, Ion
and Snow Removal, Sections 31-120 - 31-124 of
the Cede of Ordinances of the City of Iara
city.
(q) JunVard or salvage operations. All junkyard
or salvage operations, as defined in Section
36-4 of the Code of ordinances of Iowa City,
except as permitted by ordinance.
(r) Obstruction of right-of-way or public place.
The obstnvcting or ercunbering by fences,
buildings, structures, signs or otherwise of
public streets, alleys, sidewalks, and camas,
except as permitted by ordinam. hiy use of a
public street or sidewalk, or any use of
property abutting a public street or sidewalk,
which causes large crowds of people to gather
so as to obstruct pedestrian or vehicular
traffic or other lawful use of streets or
sidewalks, except as permitted by ordinance.
(s) Inoperable/obsolete vehicle. The storage,
parking, leaving, or permitting the storage,
parking, or leaving of an irxperabl%bsolete
vehicle span private property within the city
for a period in excess of forty-eight (48)
ham, unless excepted herein. This suction
shall not apply to any vehicle enclosed within
a building on private property or to any
vehicle held in correction with a junkyard, or
auto and truck oriented use operated in the
appropriate zone, pursuant to the zoning laws
of the City of Iowa City.
(t) Unlawful sale, use, or manufacture of intoxi-
cating liquors. Any building or place in or
upon which the unlawful manufacture or sale or
keeping with intent to sell, use or give away
of intoxicating liquors is carried on or
continued or exists.
(u) Vehicle parked on private property without
authorization. The parking of motor vehicles
upon private property without the consent of
the property ower or responsible party.
Ordinance No.
Page 4
(v) Md, dirt, gravel, and other debris. The
depositing or allowing the depositing of any
mud, dirt, gravel, or other debris in violation
of Chapter 31 of the Code of Ordinances of the
City of Iowa City.
(w) Building construction sites. Building con-
struction sites maintained in violation of the
Building Code.
(x) Other nuisances. Any nuisance described as
such by Chapter 657 of the Cade of Iaa.
Sec. 24-102. Definitions.
(a) Abandoned building. Abandoned building shall
new any building or portion of building which
has stood with an incomplete exterior shell for
longer than two years or any building or
Portion thereof which has stood unoccupied for
longer than one year and wiaich meets one or
more of the follavirg criteria:
(1) Unsecured, or
(2) Having housing code or building code
violations.
(b) Dangerous building or structure. Dangerous
building or structure shall mean any building
or structure Which endangers the health,
safety, or welfare of persons or property, or
Which is in violation of the Lniform Code for
Abatement of Dangerous Buildings.
(c) Enforcement officer. Enforcerent officer shall
mean the City Manager or employees designated
by the City Manager to enforce this article.
(d) Hazardous waste. Hazardous waste shall mean
those wastes included by definition in Section
455B.411(3)(a) Code of Iowa and the roles of
the Iowa Department of Water, Air and Waste
Managanelht.
(e) Inoperabl%bsolete vehicle. An "inopa-abl%
bsolete vehicle" shall mean ary device in, yam
or by which a person or property is or may be
transported or drawn upon a highway or street,
excepting devices moved by Wran power or used
exclusively upon stationary rails or tracks,
and shall include without limitation motor
vehicle, automobile, truck, trailer, motor-
cycle, tractor, buggy, wagon or any o mbination
thereof, and which is not licensed for the
current year as required by law and/or which
exhibits any one of the following character-
istics:
a. Broken glass. Any vehicle or part of a
vehicle with a broken windshield, or any
other broken glass.
b. Broken or loose parts. Any vehicle or
Part of a vehicle with a broken or loose
fender, door, bnper, hood, wheel,
steering wheel, trunk top, or tailpipe.
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c. Missing ergine or vials. my vehicle
vhich is lacking an engine or one or more
Wals or other structural parts vhich
renders such vehicle totally inoperable.
d. Habitat for animals or insects. Any
vehicle or part of a vehicle vhich has
become a habitat for rats, mice, or saps
or e. Defeetivee orother rermin or in
obsoletecondition. Any
vehicle or part of a vehicle vhich,
because of its defective or obsolete
condition, constitutes a threat to the
public health and safety.
f. Inoperable condition. Any vehicle that is
not capable of owing in both forward and
nve
(e) Junk or alvaaggerematerial. Junk or salvage
material shall be any discarded or salvaged
building material or fixture; any obsolete or
inoperable machinery, or parts thereof; scrap
iron or steel.
(f) Noxious substances. Noxious substances shall
mean substances, solid or fluid, vhich are
offensive, detrimental to health, hurtful, or
dangerous. Noxious substances shall include
but not be limited to any dead animal, or
Portion thereof, putrid carcass, degied animal
matter, green hides, or any putrid, spoiled,
foul, or stinking beef, pori(, fish, offal,
hides, skins, fat, grease, liquors, human or
animal excrement, or nwxrce.
(g) Q,ner. Qrher shall mean the person or persons
oho are the record man of real property
according to the records of the Jenson county
department of property taxation.
(h) Refuse. Refuse shall mean any purtrescible and
non-putrescible and combustible and non-
combustible haste, including paper, garbage,
material resulting from the handling, process.
Ing, storage, preparation, serving and mtvrp-
tion of foal, vegetable or animal matter,
offal, rubbish, plant waste such as tree
trimmings or grass cuttings, ashes, incinsator
residue, street cleanings, construction dh-is,
and solid industrial and market wastes.
(i) Responsible party. A responsible party shall
mean any person having possession or control of
real or personal property, including without
limitation any one or more of the following:
a. Agent,
b. Assignee or collector of rents,
c. Holder of a contract or deed,
d. Mortgagee or vendee in possession,
e. Receiver or executor or trustee,
f. Lessee,
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Ordinance No.
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g. Other person, firm or corporation execis-
ing apparent control over a property.
Sec. 24-103. Nuisances Prohibited - Adwity to
Abate.
(a) The creation or maintenance of a nuisance is
unlawful and prohibited and shall constitute a
misdemeanor or a municipal infraction.
(b) The city manager and enforcement officers
designated by the city manager are authorized
to abate nuisances in accordance with the
Procedures set forth in this article.
Nuisances may be abated by either the adrini-
strative abatement process or the municipal
infraction process, as hereafter provided.
Sec. 24-101. Notice to Abate - Service.
(a) The City Manager or any enforcement officer
designated by the City Manager is hereby
authorized to serve upon the carer or respon-
sible party of the property upon which the
nuisance is being maintained, or upon the
person or persons causing or maintaining the
nuisance, a written notice to abate as
Prescribed below.
(b) When service of a notice to abate is required,
the following methods of service shall be
deemed adequate:
(1) BY Personal service upon the owner and/or
responsible party of the property upon
which the nuisance exists.
(2) If, after reasonable effort, personal
service carrot be made, any two of the
following methods of service shall be
considered adequate: (1) sending the
notice by certified mail, return receipt
requested to the last known address; (2)
Publishing the notice once a week for two
consecutive weeks in a newspaper of
general circulation in the City of Iowa
City, Iowa; or (3) by posting the notice
in a conspicuous place on the property or
building.
(3) If an intended recipient of notice carrot
be found and if his/her address carrot be
determined after reasonable effort, by
Posting a copy of the notice in a
conspicuous lace on the P ard
Publishing the notice for two consecutive
weeks in a newspaper of general circula-
tion in the City of Iowa City.
Sec. 24-106. Abateramt by Administrative
Proceedings.
(a) Content of Notice. In the event the enforce.
not officer decides to abate a nuisance
administratively, the notice to abate shall
include the following information:
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Page 7
(1) Description of what constitutes a
nuisance, citing the appropriate Code
section.
(2) Description of the action necessary to
abate the nuisance.
(3) The order to abate within a specified tie
period.
(4) The notice shall advise that, upon failure
to comply with the order to abate, the
City shall udertake such abaterent and
that the cost of abaterert nay be assessed
against the property for collection in the
sane manner as property taxes.
(5) The notice shall also advise as to the
opportunity for an administrative hearing
and that failure to request suh a hearing
within the time specified in the notice
shall constitute a waiver of the right to
a hearing and that said notice shall
thereafter becme a final determination
and order to abate.
(b) Pdhdnistrative hearing. The hearing shall be
held before the City Manager or his/her
designee, and shall be in accordance with the
procedures of Section 2-184 thragh Section 2-
187, except as herein otherwise provided. The
City Manager's or his/her designee's datennna-
tion and order shall be appealable to Johnson
County District Court by writ of certiorari.
The order shall not be carried out until the
time for filing the writ of certiorari has
expired.
Sec. 24-106. Pbatm t by Rnicipal Infraction
Proceedings.
(a) Content of notice. In the evert the enforoe-
nent officer decides to abate a nuisance
through the mnicipal infraction process, the
notice to abate shall include the following
information:
(1) Description of what constitutes a
nuisance, citing the appropriate Code
section.
(2) Description of the action necessary to
abate the nuisance.
(3) The order to abate within a specified tare
period.
(4) Explanation that failure to abate the
nuisance within the tine specified will
result in the issuance of a civil citation
charging the %mr or responsible party
with a nnnicipal infraction.
(5) Explanation that each day that a nuisance
is permitted to continue constitutes a
separate offense.
Ondinarre No.
Page 8
(6) Explanation that upon being found guilty
of a municipal infraction, the court is
authorized to order abatement, assess the
costs of abatement against the property
and/or enter then as a judgnent against
the defedant, and assess a civil penalty
against the defendant.
(b) Issuance of civil citation. In the event that
the nuisance is not abated as ordered and
within the time specified in the notice to
abate, the enforcement officer may issue a
civil citation to the property %herr or
responsible party, charging that person with a
municipal infraction. The enforcement officer
may, but shall not be required to, give notice
to abate prior to issuance of a civil citation
for a repeat offense involving the same
Property and occurring within one year of a
prior violation.
Sec. 24-101. Abatenad Ieffedies; Realties.
(a) Abatement may include but shall not be limited
to repair, removal, cleaning, extermination,
cutting, mowing,
grading, seller repairs,
draining, ng, repairing a building or
structure, boarding tnoccupied buildings,
barricading or fencing, removing dangerous
portions of buildings or structures, and
demolition of dangerous structures or abarh ed
buildings.
(b) The cost of abatenent may be assessed against
the Property for collection in the sane manner
as Property taxes. Abatement costs shall
include the cost of rowing or eliminating the
nuisance, the cost of investigation, such as
title searches, inspection, and testing; the
cost of ratification; filing costs; and other
related administrative costs. Inoperabl%bso-
lete vehicles Aich have been impouxied may be
sold in accordance with state law. If an
inoperable/obsolete vehicle is not sold or if
the proceeds of such sale or redarption are not
sufficient for payment of the cost of abate-
ment, storage, and sale of said
inaperabl%bsolete vehicle, such cost or the
balance of such cost mqy be assessed against
the Property for collection in the same manner
as a property tax.
(c) In a municipal infraction proceeding for the
abatement of a nuisance, the court may order
any one or more of the following:
(1) Place a judgment against the person aWor
Property of the defendant for the cents of
abatement.
(2) Levy a civil penalty (fine) against the
defedant of yr to one hundred dollars
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Ordinance No.
Page 9
($100.00) for the first offense and up to
two hundred dollars ($200.00) for repeat
offenses.
(3) Order abatement of the nuisance in any
nemer as provided in this article.
(4) Assess costs of abatement against the
property for collection in the same mare
as property taxes.
sec. 24-108. &OWICy Pbawmnt Procedure.
Mien the enforcement officer deternmines that a
nuisance exists on a property and the nuisance
constitutes an imminent clear and calling danger
to health, safety or welfare of persons a• p*aiy,
the enforcerent officer is authorized to abate or
have abated the nuisance without prior notice and
opportunity of hearing. The costs of such action
may be assessed against the property for collection
in the same manner as property tax. however, prior
to such assesmE nt, the city shall give a property
owner notice by certified mil and the opportunity
for an administrative hearing in accordare with the
procedures of Section 24-105.
SECTION II. REPEALER: All ordinances and parts of
ordinances in conflict with the provisions of this
ordinance are W* repealed. Those are:
SECTION IIT, SEVEIMILIlY: If any section,
provision or part of the Ordinance shall be adjWyd
to be invalid or unconstitutional, such adjuficatim
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 required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLEW
Approved as to Form
8'llm
LegAl Deparlinefit
IRIi4
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