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HomeMy WebLinkAbout1986-03-25 ResolutionJ RESOLUTION NO. 86-82 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: David Caplan $ David Tomasini dba Barfunkel's f, The Hobby Shop, 117 E. College. It was moved by McDonald and seconded by Courtney that the Resolution as read be adopted, and upon ro ca ere were: AYES: NAYS: ABSENT: Ambrisco X Baker X Courtney X Dickson X McDonald X Strait X Zuber X 19 BGPassed and approved this 25th day of March /fes May°S Attest: 7h,e.1 1ri -'. 7e. ) City cleric .5aG Jaa<tiv! 3� l RESOLUTION NO. 86-83 RESOLUTION ADOPTING SUPPLEMENT NUMBER 27 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the 27th supple- ment to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number 27 by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number 27 to the Code of Ordinances of the City of Iowa City, Iowa, attached to this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by McDonald and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney 7— Dickson McDonald Strait X_ tuber Passed and approved this 25th day of March , 1986 , /'��MAYOR ATTEST: 771n,L, > ,(! CITY CLERK i;a:rfoed II f�gq�;;•�red d no lei;o;ent 3 508 %4 MA.MtNiRatJ vba.ieaaa.e......a,.....,.,:,w,...•: rr.. Jai') I� SUPPLEMENT NO. 27 CODE OF ORDINANCES City of IOWA CITY, IOWA Looseleaf Supplement This Supplement contains all ordinances from the calendar quarter, October through December, 1985, which are suitable for inclusion in the Code; the latest ordinance in this Supplement is: Ordinance No. 85.3270, adopted December 17, 1985. See Code Comparative Table, page 2967. Included in the Charter is: Ordinance No. 85.3273, adopted December 17, 1985. See Charter Comparative Table, page 71. Remove old pages Insert new pages 3,4 3,4 71 71 179,180 179,180 993, 994, 994.1 993, 994, 994.1 1585,1586 1585,1586 1657 through 1660 1657 through 1660 1715, 1716, 1716.1 1715,1716,1716.1 1857,1858 1857,1858,1858.1 2241 through 2244 2241 through 2245 2282.19, 2282.20 2282.19, 2282.20 2501 through 2504 2501 through 2604.1 2531 through 2534 2531 through 2534 2545 through 2548 2545 through 2548.3 2599,2600 2599,2600 2605,2606 2605,2606,2606.1 2611,2612 2611,2612,2612.1 2615,2616 2615,2616 2619,2620 2619,2620,2620.1 2630.1,2631, 2632 2631,2632,2632.1 5o P t 1 w.....,e................... ..� R .,., �....... .. INSTRUCTION SHEET—Cont'd. 2639 through 2642 2639 through 2642 2649,2650 2649, 2650, 2650.1 2655,2656 2655,2656 2664.1 through 2670 2664.1 through 2670 2674.1, 2675, 2676 2675,2676, 2676.1 2913,2914 2913,2914 2965,2966 2965,2966,2967 Index pages Index pages 3021,3022 3021,3022 3027,3028 3027,3028 3032.3 through 3038.1 3033 through 3038.2 3042.1 through 3044 3043 through 3044.2 3054.1, 3055, 3056 3054.1, 3054.2, 3055 3085,3086 3085,3086,3066.1 3088.1 through 3090.1 3089, 3090, 3090.1 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida March, 1986 �� CHARTER Art 11, § 204 Charter is not intended to be a limitation on the general powers conferred in this article. Section 1.03. Savings clause. if any provision of this Charter, or the application of this Charter to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Charter. ARTICLE 11. CITY COUNCIL Section 2.01. Composition. The City Council consists of seven members. As provided in Article III, four, to be known as Councilmembers at large, are to be nominated by eligible electors of the City at large, and three, j to be known as district Councilmembers, are to be nominated by eligible electors of their respective districts. All Councilmembers shall be elected by the qualified electors of the City at large. (Ord. No. 85-3227, § 2(2), 3.12-85; Ord. No. 85.3273, § 2,12.17.85) i Section 2.02. Division into council districts. The Council, by ordinance, shall divide the City into three Council Districts of substantially equal population. These Dis- tricts are to be designated as Council District A, Council District B, and Council District C. Section 2.03. Eligibility. To be eligible to be elected to and to retain a Council position, a person must be an eligible elector of Iowa City, and if seeking or elected to represent a Council District, must be a domiciliary of that Council District. (Ord. No. 85-3227, § 20,342-85) Section 2.04. Terms. At the fust election under this Charter, all seven Councilmembers are to be elected; the Councilmember from Council District A, Council District C, and the two Councilmembers at large who receive the greatest number of votes cast for Councilmember at Supp, No. 27 8 A. II, 4 2.04 IOWA CITY CODE uge are to serve for terms of four years, and other Councilmembers re to serve for terms of two years. Commencing at the next :gular City election, and at all subsequent regular City elee- ons, all Councilmembers elected to fill the positions of those hose terms expire shall be elected for terms of four years. action 2.05. Compensation. The Council, by ordinance, shall prescribe the compensation of ie Mayor and the other Council members, and the Council shall rt adopt such an ordinance during the months of November and ecember immediately following a regular City election (Ord. o. 85.3227, ¢ 2(2), 3-12.85) action 2.08. Mayor. A. Immediately following the beginning of the terms of runcilmembers elected at the regular City election, the Council call meet and elect from among its members the Mayor and ayor pro tem for a term of two years. B. The Mayor is a voting member of the Council, the official presentative of the City, presiding officer of the Council and its dicy spokesman. The Mayor shall present to the City no later an February 28, an annual State of the City message. C. The Mayor pro tem shall act as Mayor during the absence of e Mayor. (Ord. No. 85.3227, $ 2(2), 3.12.85) fiction 2.07. General powers and duties. All powers of the City are vested in the Council, except as oerwise provided by State law or this Charter. (Ord. No. 85.3227, 1(2), 3.12-85) Won 2.08. Appointments. A. The Council shall appoint the City Manager. B. The Council shall appoint the City Clerk. The Council shall appoint the City Attorney and such ler legal counsel as It finds necessary, and it shall provide the appointment of the city legal staff. Pp. No. 27 4 cI M�Jia:a\Nacvl.v\.a.\\sass\aaaiaa4.+..+L.tivu.•r�rr�-.,aaa...a......-.R-.w.�..i.f�.rw�.v. wrn..v�...y.wv.ay.rvav � CHARTER COMPARATIVE TABLE The Home Rule Charter is set out in this volume as adopted by the voters on November 15, 1973 and by Ordinance No. 76.2792, on January 2, i ' 1076. The following table shows the disposition of amendments to the Charter. Ordinance Number Date Section Disposition 77.2826 31577 it 6.01 ". 77.2858 9. 6.77 2 7.0513 . 77.2864 9. 6.77 2 3.01 - - 853227 3.12-85 2(D Definitions 7,8 .. 2(2) 2.01 2.03 2.05-2.08 3.01-3.03 4.04 5.02 6.04 7.01-7.05 O 85.3228 3.12-858.01,11.026 1 8.02 85.3273 12.17.85 2 2.01 Supp, No.27 [The next page is 121] ' i 71 ADMINISTRATION 4216 (4) Establish and maintain a system of records and reports in sufficient detail to furnish all information necessary for proper control of departmental activities and to form a basis for the periodic reports to the city man. ager; (6) Have power, when authorized by the city manager, to appoint and to remove, subject to the personnel ordi- nances of the city, all subordinates under him/her; (6) Be responsible for the proper maintenance of all city property and equipment used in his/her department. (Code 1966, § 2.16.3) Sec. 2.4. Same—Officers. Each officer shall perform the duties required of his/her office by state law, the code and the ordinances of the city, and such other duties as not in conflict therewith as may be required by the city manager. (Code 1966, § 2.16.4) Sec. 2.5. Legal department. There is hereby established, as a separate department for the city, a legal department. The legal department shall con- sist of the city attorney and such assistants to the city at- torney as shall be authorized by the city council, and such special assistants to the city attorney as shall be authorized by resolution. (Code 1966, § 2.10.1; Ord. No. 2592) Sec. 2.6. Review of mayor, council compensation. Review of the mayor and councilmembers' compensation shall take place as part of the budget review process for the fiscal year during which each election will occur. (Ord. No. 83.3132, § 3, 8.2.83) . Editor's note—Section 3 of Ord. No. 835132, adopted Aug. 2, 1983, did not expressly amend the Code; codification as 12.6 has been at the editors discretion. Cross refemnees—Council compensation, 4 2.18; mayors compensation, t 244. Secs. 2.7-2.16. Reserved. Supp. No. 27 179 �.:a'.k..a.aJ..... a..,......a.a.,a.t.,.,.w,�,...+.�..r,.,.......�..,......R..-...«.............-..,...... �....+..v..........w.... IOWA CITY CODE ARTICLE II. COUNCIL* Sec. 2.17. Districts established. There are hereby established in the city three (3) council districts. The following voting precincts as defined in chapter 10, article III of this Code shall comprise the three (3) council districts. (1) Council District A: Voting precincts 1, 2, 3, 8, 9, 10, 13 and 14. (2) Council District B: Voting precincts 12, 15, 16, 17, 18. 23, 24 and 25. (3) Council District C: Voting precincts 4, 5, 6, 7, 11, 19, 20, 21 and 22. (Ord. No. 75-2770, § II, 6-17-75) Sea 2.18. Compensation. Members of the council, other than the mayor, shall be com- pensated at the rate of five thousand twelve dollars and eighty cents ($5,012.80) annually. (Code 1966, § 2.02.3; Ord. No. 75.2765, § II, 5.20-75; Ord. No. 83.3132, § 2, 8.2.83) Cross reference—Review ofceuncil compensation, 12.6. Sec. 2.19. Terms. All elected municipal officers shall take office at noon of the first day of January which is not a Sunday or legal holi- day, following their election. (Code 1966, § 2.02.4) State law referenctiSimilar provisions, I.C.A. § 2762. Sec. 2.20. Organizational meeting. The new elected council shall meet for the first time not earlier than noon on the second day of January which is not a Sunday or legal holiday, and not later than noon on the sixth calendar day of January. (Code 1966, § 2.02.5; Ord. No. 86-3265, § 1, 12.3.85) 'Charter reference—council generally, art. IL Supp. No. 27 180 *4 GARBAGE, TRASH AND REFUSE 11"2 Tree limbs and yard wastes created by commercial tree service operations or by the clearing of land for construction will not be collected. (d) Times; location of containers for pickup. Solid waste containers, tree limbs and yard wastes as described in sections 1649 and 16-60, respectively, and other solid waste permitted to be placed at the curb shall be placed at the curb of the street upon which the dwelling fronts for collection. Place- ment shall not occur before 3:00 p.m. on the day before the regularly scheduled collection day. Containers shall be re- moved from the curb on the same day collection is made, and returned to a place as near as reasonably possible to the side or back of any permanent building on the property. (e) Responsibility of owner/user for compliance. The owner of any dwelling containing two (2), three (3) or four (4) dwelling units shall be responsible for compliance with the provisions of section 16-62(d). For single-family dwell- ings, the person who pays the solid waste collection fee shall be responsible for compliance with the provisions of section J16-62(d); if no person pays the fee, the owner shall be re- sponsible. (f) Certain waste not subject to collection by city. The city shall not collect any commercial solid waste, except from its own property; nor shall the city collect any residential solid waste from any dwelling units within a structure which in addition contains the operation of any commercial, indus- trial, institutional, agricultural or other establishment. (g) Responsibility of collectors. Solid waste collectors shall be responsible for the collection of solid waste from the point of collection to the transportation vehicles provided the solid waste was stored in compliance with sections 1647(a) and (b), 16.48, 16.49 and 16-60 of this chapter. Any spillage or blowing litter caused as a result of the duties of the solid waste collector shall be collected and placed in the transporta- tion vehicle by the solid waste collector. (Ord. No. 76.2790, § IV, 11-26.76; Ord. No. 79-2968, § 1(D), 6.19-79; Ord. No. 79.2971, § 1, 9.18.79; Ord. No. 86.3220, § 2(S),1.15.85) Supp. No. 27 993 ✓Q4 �N\v(aaa(a\♦ 0 15.68 IOWA CITY CODE Sec. 15.63. Transportation. (a) All transportation vehicles shall be maintained in a safe, clean and sanitary condition, and shall be constructed, maintained and operated to prevent spillage of solid waste. All vehicles used for transportation of solid waste shall be constructed with water -tight bodies and with covers which shall be an integral part of the vehicle or shall be a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle and shall be secured when- ever the vehicle is transporting solid waste, or, as an alterna- tive, the entire bodies shall be enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers. (b) Permits shall not be required for the removal, hauling or disposal of earth and rock material from grading or excava- tion activities; however, all such material shall be conveyed in tight vehicles, trucks or receptacles, constructed and main- tained so that none of the material being transported shall spill upon the public right-of-way. /\ (c) Transportation and disposal of demolition and construc- tion wastes shall be in accordance with this section and 15-64. (Ord. No. 75-2790, § VI(6.1), (6.2), 11-25-75) See 15.64. Disposal. (a) Solid wastes shall be deposited at a processing facility or disposal area approved by the city and complying with all requirements of state law. (b) The director may classify certain wastes as hazardous wastes which will require special handling and shall be dis- posed of in a manner acceptable to the director and which will meet all local, state and federal regulations. (Ord. No. ` 76-2790,§ VI(6.1), (6.2), 11-25-75) See 15.65. Fees. The fee for residential solid waste collection shall be four dol- lars and thirty cents ($4.30) per month for each dwelling unit and two dollars and rdleen cents ($2.15) per month for each rooming unit. Supp. No. 27 994 r 0 kr I �'�lwi Naa<v<ti! .vv Nc6vv< 1 GARBAGE, TRASH AND REFUSE § 15-78 Said fees shall be effective with the water/sewer/refuse billings that go out beginning August 14, 1985. (Ord. No. 75.2790, § VI(6.3),11-25-75; Ord. No. 77.2846, § II, 7.12.77; Ord. No. 85.3263, § 2,12-3-85) Seca 15.66-15-76. Reserved. ARTICLE V. LITTERING* Sea 15.77. Short title. This article shall be known and may be cited as the Iowa City Anti -Litter Ordinance. Sec. 15-78. Definitions. For the purposes of this article, the following terms, Phrases, words and their derivations shall have the meanings respectively ascribed to them: Aircraft is any contrivance now known or hereafter in- vented, used or designed for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter - than -air dirigibles and balloons. Authorized private receptacle is a litter storage and col- lection receptacle as required and authorized in article III of this chapter. Litter is "garbage; . "refuse" and "rubbish" as defined in this chapter and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. Newspaper is any newspaper of general circulation as defined by general law, any newspaper duly entered with the post office department of the United States, in accordance with federal statute or regulation, and any newspaper filed 'Cross references—Advertising material not to be thrown inloyards, 6 3.21; removal of loose paper by billposters, 13.23; cleaning up debris in street from accidents, 4 23.140: deposit of debris on public right-of-way, 131.11. Supp. No. 27 994.1 50� ; I /tel MOTOR VEHICLES AND TRAFFIC § 23.263 Sec. 23.254. Parking systems division. The parking systems division is hereby authorized to en- force the provision of the parking regulations of this chapter. (Ord. No. 77-2835, § II, 5.10.77) Sec. 23.255. Penalties. (a) Parking violations for overtime and illegal parking in violation of this chapter shall be paid to the traffic division of the department of finance. j (b) All fines for overtime parking in violation of division 3 of this article shall be three dollars ($3.00). (c) All fines for violation of the one-hour restricted zone in the civic center lot shall be three dollars ($3.00). (d) All fines for parking in a handicapped parking space by un- authorized vehicles in violation of section 23.253 shall be fifteen dollars ($15.00). (e) All other fines for illegal parking in violation of this chapter shall be five dollars ($5.00). (Ord. No. 77-2835, § II, 5-10.77; Ord. No. 81.3044, § 2, 12-8-81; Ord. No. 85.3270, § 2,12.17-85) Secs. 23.256-23.262. Reserved. DIVISION 2. ANGLE PARKING Sea 23.263. Signs or markings. (a) The city traffic engineer shall determine upon what streets angle parking shall be permitted and shall mark or sign'such streets but such angle parking shall not be indicated upon any federal -aid or state highway within this city unless the state department of transportation has determined that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. (b) Angle parking shall not be indicated or permitted at any place where passing traffic would thereby be caused or required to drive upon the left side of the street. (Code 1966, § 6.20.1; Ord. No. 77.2835, § If, 5.10.77) �1 Supp. No, 27 1585 /; 3 ,..e..,..,. ........... ."................................. ,,.....v -.............„v,... i §23-264 IOWA CITY CODE Sec. 23-264. Prohibition of backing into angle parking stalls. T On those streets which have been signed or marked by the city traffic engineer for angle parking, no vehicle shall be backed into an angle parking stall except as provided by the provisions of this chapter. (Ord. No. 77.2835, § 11, 5-10.77) Sec. 23.265. Obedience to signs or markings. On those streets which have been signed or marked by the city traffic engineer for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings.(Code 1966, § 6.16.14; Ord. No. 77-2835, § II, 5-10-77) Sea 23-266. Permits for loading or unloading at an angle to to the curb. (a) The city traffic engineer is authorized to Issue special permits to authorize the backing of a vehicle to the curb for the purpose of loading or unloading property subject to the terms and conditions of such permit. Such permits may be issued either to the owner or leasee of real property alongside the curb or to the owner of the vehicle and shall grant to such person the privilege as therein stated and herein authorized. (b) It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit. (Ord, No. 77-2835, § 11, 5.10.77) Cross reference—Licenses and miscellaneous business regulations, Ch. 21. Secs. 23-267-23-273. Reserved. DIVISION 3. PARKING METER ZONES AND PARKING LOTS Sea 23.274. Authorization to establish zones. The city traffic engineer is hereby authorized to establish or remove parking meter zones upon those streets or parts Supp. No. 27 1536 ^�l'Avt<ata� MISCELLANEOUS PROVISIONS § 24.53 the identification number thereof, the departure date and time and the expected time tb return. The records shall be preservedforsix (6) months. (b) The owner of a boat livery shall not permit any of his vessels, operated for hire, to depart from his premises un- less it shall have been provided, either by the owner or renter with the equipment required by this article. (Code 1966, § 7.20.4; Ord. No. 2628, § 6) Sec. 24.82. itluffling devices. The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner. The use of cut-outs is prohibited, except for motorboats competing in a regatta or boat race approved as provided in section 24-84 and for such motorboats while on trial run during a period not to exceed forty-eight (48) hours immediately preceding such regatta or race and for such motorboats while competing in official trials for speed records during a period not to exceed forty-eight (48) hours immediately following such regatta or race. (Code 1966, § 7.20.6; Ord. No. 2628, § 6) Cross reference—Noise, Ch. 24.4. Sec. 24-83. Prohibited activities. (a) No person shall operate any vessel in a careless, reck- less, or negligent manner so as to endanger the life, limb, or property of any person. (b) No person shall operate any vessel while intoxicated or under the influence of any narcotic drug, barbiturate, or mari- juana. (c) No person shall place, cause to be placed, throw or de- posit onto or in the Iowa River any cans, bottles, garbage, rubbish, or other debris. (d) No person shall operate on the Iowa River any vessel displaying or reflecting a blue light or flashing blue light unless such vessel ]s an authorized emergency vessel. Supp. No. 27 1667 Sag 3 i ,�«K4<vt«iii.��«� ��aa<Na tai<\(IMM.�....•IN: J.'YY. ai'.��a���M.n-�R..�..�Nw�ii:.�w..�. iv:.'. f.v:.N'.Y.YhY.vw�N � § 24-83 IOWA CITY CODE - (o) No person shall operate a vessel and enter into areas in which search and rescue operations are being conducted unless authorized by the officer in charge of the search and rescue operation. Any person authorized in an area of opera- tion shall operate his vessel at a no wake speed and shall keep clear of all other vessels engaged in the search and rescue operation. (D No person shall operate any vessel towing persons on water skis, surfboards, or similar devices on the Iowa River in the area bounded by the Coralville Mill Dam and the Burlington Street Dam, except during regattas, races, marine parades, or exhibi- tions authorized by the state conservation commission to be held in such area. (g) No owner or operator of any vessel propelled by a motor of more than six (6) horsepower shall permit any per- son under twelve (12) years of age to operate such vessel except when accompanied by a responsible person of at least eighteen (18) years of age who is experienced in motor- boat operation. (h) No person shall swim in the Iowa River between the Iowa Avenue Bridge and the Burlington Street Dam. (i) No person shall walk, ice skate, fish or otherwise be upon the surface of the ice on the Iowa River between the Iowa Avenue Bridge and the Burlington Street Dam. 0) No craft or vehicle shall be operated on the surface of the ice on the Iowa River between the Iowa Avenue Bridge and the Burlington Street Dam. (Code 1966, § 7.20.6; Ord. No. 2628, § 7; Ord. No. 73.2680, § II, 7.31.73; Ord. No. 85.3264, § 2A, 12.3.85) Sec. 24.84. Reserved. Editor's note—Ord. No. 853264, ¢ 213, adopted Dec. 3, 1985, repealed § 24.84, concerning regnttas, races, marine parades, etc., as derived from Code 1966, 1 7.20.7, Ord. No. 2628, 4 8, and Ord. No. 82.3066, li 2, adopted June 22, 1982, Sec. 24-85. Overloading of vessels. No person owning or operating a vessel shall permit such vessel to be occupied by more passengers and crew than the Supp. No. 27 1658 �Qt1 %4 MISCELLANEOUS PROVISIONS 42488 registration capacity permits. (Code 1966, § 7.20.8; Ord. No. 2628, § 9) Sec. 24.86. Right-of-way rules. Vessel traffic shall be governed by the following rules: (1) Passing from rear, keep to the operator's left. (2) Passing head on, keep to the operator's right. (3) Passing at right angles, vessel at the right has the right-of-way. (4) Manually propelled vessels have the right-of-way over all other vessels. (5) Sailboats have the right-of-way over all motor driven vessels. Motorboats when meeting or overtaking sail- boats, shall always pass on the leeward side. (6) Any vessel backing from a landing has the right-of- way over incoming vessels. (7) The commission is authorized to promulgate further rules and regulations governing vessel traffic. (Code 1966, § 7.20.9; Ord. No. 2628, § 10) Sea 24.87. Regulations for buoys. (a) No private buoy shall be maintained. (b) No other obstruction of any kind shall be maintained without first receiving permission from the city manager to maintain such obstruction. (c) It shall be unlawful to tamper with, move or attempt to move any city -owned buoy. (d) No boat shall be anchored away from shore and left unguarded unless it is attached to a legal buoy. (Code 1966, § 7.20.10; Ord. No. 2628, § 11) See. 24.88. Driving over ice. No craft or vehicle operating on the surface of ice on the Iowa River and propelled by machinery in whole or in part, ex - Supp, No. 27 1659 i 124'66 IOWA CITY CODE �\ cept ice -cutting machinery, automobiles, motorcycles and -.- trucks when such are used without endangering public safety, shall be operated without a permit issued, by the city for such operation. Any such permit issued may be revoked by the commission if such craft or vehicle is operated in a careless manner as endangers others. (Code 1966, § 7.20.11) Sea 24-89. Authorized emergency vessels. Upon the approach of an authorized emergency vessel dis- playing a blue light or flashing blue light, the operator of every other vessel shall stop and yield the right-of-way until the authorized vessel has passed. The provisions of this sec- tion shall not relieve the operator of an authorized emer- gency vessel from the duty to operate his vessel with due regard for the safety of all persons using the waters of the Iowa River, nor shall the provisions relieve the operator of any such vessel from liability for his negligence. (Code 1966, § 7.20.12; Ord. No. 2628, § 13) Secs. 24.90-24-100. Reserved. ARTICLE VL NUISANCES* Sea 24-101. Enumerated. The following are nuisances: (1) Any nuisance described as such by sections 657.1 and 657.2, or other sections, of the Iowa Code. *Cross references—Deposit of debris on public right -or -way a nuisance, 19111. State law reference—Nuisances, I.C.A., 1657.1 et seq. Supp. No. 27 - 1660 Sob •�.1:wu.aJ ..:. t.�.......a. a...ta...w....urrr,.,................-E.................................�....•l..w......... PARKS AND RECREATION I 1254 Sec. 25.2. Traffic and parking regulations. I (a) The director of parks and recreation is hereby authorized Ir' and directed (1) to designate streets and drives for use within the parks and playgrounds; (2) to designate parking areas for the parks and Playgrounds; and (3) to prohibit, regulate or limit stopping, standing or parking of vehicles on the streets, drive- ways and parking areas in the parks and playgrounds at all times or during specified hours. The director of parks and recrea- tion shall cause signs to be placed designating streets, drives and parking areas, or prohibiting, regulating or limiting stopping, standing or parking in the parks and playgrounds. (b) The director of parks and recreation shall notify the city council in writing of the placement and location of such designs. tion and installation of signs. Upon such notification, the city, council may amend by resolution such action. (Code 1966 § 334.7; Ord. No. 76.2820, § Rr, 11-23.76; Ord. No. 83.3153, § 2b,'10.1' 1.83; Ord. No. 85-3259, § 2,10-22-85) Cro.. refer..co Motor vehicle. and traffic, Ch. 23. JSec. 25-3. Boat rentals. No person, whether acting as owner, agent or employee shall let any rowboat or canoe for hire to any minor without the I consent of the parent or guardian of such minor nor without keeping a record of the name of the boat, the time of tak. lag and the names of the Patties setting out in Permit such et or canoe the lama, nor to be overloaded nor permit the eacchh eato be take unless to with a life preserver for Person setting out therein. (Code 1966, § 6.18.1) Cro.. "rerence— Iowo R(ver rcaul.ltona, 6 24.79. Sec. 25.4. Reservations. Any person may reserve any shelter house, building, or recreation area in any park or playground for picnics and Parties I office of the private at Applications ltofrecreationnlA de shallbeac. companied by a permit fee of one dollar ($1.00). Any per- son obtaining a reservation shall be responsible for any damage i done to any shelter, building, or playground area reserved. J Stipp, 966, § 3.34.6; Ord. No. 76.2820, § II1, 11.23.76) 1716 i Y ........ v,...._. . § 26Z IOWA CITY CODE Sec. 255. Owner prima facie responsible for violations. If any vehicle is found stopped, standing or parking in any manner violative of the provisions of this chapter and the iden- tity of the operator cannot be determined, the owner or person or corporation in whose name such vehicle is registered shall be held prima facie responsible for such violation. (Ord. No. 83.3153, § 2c, 10.11.83) Seca. 25$25-16. Reserved. ARTICLE IL COMMISSION i Sec. 25.16. Established. There is hereby established a parks and recreation com- mission for the city. (Code 1966, § 3.33.1; Ord. No. 76.2820, § II, 11-23-76) Sec. 25-17. Composition; appointment; qualifications; com- pensation. C� (a) The parks and recreation commission shall consist of nine (9) members. (b) Eight (8) members shall be appointed by the city coun- cil. The Iowa City School Board shall be requested to desig- nate one of its members, subject to the approval of the city council, who shall serve as a member of the commission with full privileges of membership. In the absence of designation by the Iowa City School Board, one shall be appointed by the city council to represent the Iowa City School Board. (c) All members of the commission shall be qualified electors of the city and shall serve as members of the com- mission without compensation, except for reasonable expenses as provided for or by bylaw. (Code 1966, § 3.33.2; Ord. No. 76-2820, § Ir, 11.23-76) Sec. 25.18. Terms. The term of office of each member of the commission es- tablished by this article appointed by the council shall be four Supp. No. 27 1716 So S i i :Nax.:a'A..raaJ.....a.i'..aaa�.aa i..taw.�..w+...sa.rrr,..a.......-....-/..w�...a......�,....w..........y..n.......�.......� f. . , ^ PARKS AND RECREATION 425.19 / \I (4) years, commencing on January first of the year of ap- pointment. The term of office of the member to be desig- nated by the Iowa City School Board shall be one year. The term for the Iowa City School Board representative shall commence on October first of each year. Maximum member- ship continuity is encouraged for the representative of the Iowa City School Board. (Code 1966, § 3.33.3; Ord. No. 76- 2620, § I1, 11-23-76) Sec. 25.19. Staff assistance and information. The commission created by this article shall receive such staff assistance and information as necessary in the per- formance of its duties. It shall be the responsibility of the city manager to assure such assistance from any depart- ment necessary. (Code 1966, § 3.33.4; Ord. No. 764820, § II, 11-23-76) Supp. No. 27 1716.1 3 r a ^MMNlvttc�S a.. al♦ PLANNING 127.81 (f) Members shall serve without compensation. (g) A simple majority of the commission shall constitute a quorum for the transaction of business. (Ord. No. 84.3204, § 3, 9.26.84) Charter reference—Baords, Commissions and Committees, 44 5.01 Cross references—General requirements for boards Com—b,03. and missions, 66 2.100-2303; plan Commission to act ae zoning Commission, 4 27.17. Seo. 27-84. Rules of the commission. (a) The historic preservation commission shall elect from its membership a chairperson and vice -chairperson whose term of Office shall be one year. The chairperson and vice -chairperson may serve for more than one term. The chairperson shall preside over the commission and have the right to vote. The vioe•chauperson shall, in cases of absence or disability of the chairperson, perform the duties of the chairperson. (b) The city manager shall designate a person to serve as sea retary to the commission. The secretary shall keep a record of all applications for certificates of appropriateness, resolutions, pro• ceedings, and actions of the historic preservation commission. (c) The commission shall recommend rules or by-laws for the transaction of its regular business to thecity council for adop• tion. The commission shall have the authority to adopt rules of procedure in connection with the approval or disapproval of certificates of appropriateness subject to approval of the city Council. (d) The commission shall keep a record, which shall be open to Public view, of its resolutions, proceedings and actions. The vote or failure to vote of each member shall be recorded. The concur- ring affirmative vote of a majority of those members present shall be sufficient for a certificate of appropriateness to be grant• ed, or for the adoption of any resolution, motion or other action of the commission. The commission shall submit a report on its activities to the council and may make such recommendations to the council as it deems necessary to carry out the principles of this article. (Ord. No. 84.3204, § 4, 9.26.84) SOPA N0.27 1857 ............. ........:.rw.:n..w:.�-:::.'..4..v-.:.�w..w..:.�. %4 i 127-M IOWA CITY CODE Sec. 27.85. Powers of the commission. (a) The commission shall be authorized to conduct studies for the identification and designation of historic districts meeting the definitions established by this article. The commission may Proceed at its own initiative or upon a petition from any person, group or association. (b) The commission shall make a recommendation to the office of historic preservation of the. Town State Historical Department for the listing of a historical district or site in the National Register of Historic Places and shall conduct a public hearing thereon. (c) The comtni,mon shall review and act upon all applications for certificates of appropriateness, pursuant to section 27.87. (d) The commission shall cooperate with property owners and City agencies pursuant to the provisions of section 27.88. (e) The commission shall further the efforts of historic preser. vation in the city by making recommendations to the city council and city commissions and boards on preservation issues when appropriate, by encouraging the protection and enhancement of 1 structures with historical, architectural or cultural value, and by encouraging persons and organizations to Preservation activities. become involved in . M The commission shall not obligate itself or the City of Iowa City in any financial undertaking unless authorized to do so by the city council. (Ord. No. 84.3204, § 5, 9.25.84, Ord. No. 85.3288, § 1, 12.17.85) Sec. 27.88. Procedures for the n of hlstoeic dl, (a) The commission may make a report recommending that an area be designated an historic district. Before any report or rec- ommendation is submitted to the planning and zoning commis. Sion for review, the commission shall hold a public hearing on any proposal to designate an area as an historic district. The commission shall give prior notice of the time, date, place, and Subject matter of such hearing. Such notice shall be served by ordinary mail addressed to each property owner of land included SUM No. 27 1858 i M 1l. i a..wva.v..i.a..<.+....:..w»a�.rr.........—...-A--..:......�..w........n .......r..nvnv.w...r f. t PLANNING 4 27-66 within such proposed district at his or her last known address. If the address of any property owner is unknown, such notice shall be served by ordinary mail addressed to "owner" at the street address of the property in question. The city clerk shall file an affidavit of mailing setting forth the names, addresses, and date of mailing of all property owners notified pursuant to this sec- tion. Such affidavit shall be filed with the clerk in the records of Supp. No, 27 1858.1 i �% Chapter 32.1 TAXATION* Art. 1. fa General,1132.1-1-32.1.20 Art. Il. Hotel and Motel Tax, i1 32.1.21-32.1.30 Art. Ill. Partial Property Tax Exemption for Iaduatrial property, 1i 32.1-31-32.138 ARTICLE L IN GENERAL Secs. 32.1.1-32.1.20. Reserved. ARTICLE II. HOTEL AND MOTEL TAXI Sec. 32.1.21. Established. fi There is hereby imposed a hotel and motel tax at a rate ofve (5) per cent upon the groes receipts from the renting of any and all rooms, apartments, or sleeping quarters, in any hotel, motel, inn, public lodging house, rooming house or tourist court, or in any place where sleeping accommodations are furnished to tran- sient guests for rent within the corporate limits of the city, all as I defined, allowed, and provided for in Chapter 422A of the Code of Iowa, and subject to the limitations, restrictions, conditions, pro- visions and penalties contained therein. (Ord. No. 83.3100, § 1, 1.4-83) I *Editor's note—Prior to January 4, 1883, the city's taxation ordinances, both general and special, were omitted from the Code and saved from repeal by 13(1) of the Adopting Ordinance pee P. xi). Crass references—Financial procedures generally, 12.204 at seq.; licensee generally, Ch. 21. t"tor's note—Nonamendatory Ord. No. 83.3100, adopted Jan. 4, 1883, has been codified as Art. H,1132,1.21 and 32.1.22, at the editor's discretion. Cross reference—Housing, Ch. 17. Supp. No. 27 2241 I %4 V N �+.4.x a. a....<......,....,+.......a........>........::... .. .................... ..................,.,.,..... 132.1-22 IOWA CITY CODE Sec. 32.1.22. Implementation. j The city officers are hereby directed to take such procedural steps as are necessary to accomplish the imposition of the hotel and motel tax on April 1, 1983. (Ord. No. 83.3100, § 2, 14.83) Secs. 32.1-23-32.1-30. Reserved. ARTICLE III. PARTIAL PROPERTY TAX EXEMPTION FOR INDUSTRIAL PROPERTY Sec. 32.1-31. Established. I There is hereby established a partial exemption from property taxation of the actual value added to industrial real estate by the new construction of industrial real estate, research -service facili. ties, warehouses, distribution centers and the acquisition of or improvement to machinery and equipment assessed as real es- tate pursuant to section 427A.1, subsection 1, paragraph a of the 1985 Code of Iowa. (Ord. No. 85-3222, § 1, 1.22.85; Ord. No. 85-3261, § 2A, 11-19.85) i Sec. 32.142. Definitions For the purpose of this article the following definitions shall apply: (a) Actual value added: The actual value added as of the first year for which the exemption is received, except that ac. tual value added by improvements to machinery and equip- ment means the actual value as determined by the asses- sor as of January 1 of each year for which the exemption is received. (b) New construction: New building and structures and new buildings and structures which are constructed as addi• tions to existing buildings and structures. New construe - tion does not include reconstruction of an existing building or structure which does not constitute complete replace- ment of an existing building or structure or refitting of an existing building or structure, unless the reconstruction of Supp. No. 27 2242 5769 TAXATION 4 32.1.32 an existing building or structure is required due to eco. nomic obsolescence and the reconstruction is necessary to implement recognized industry standards for the manufac- turing and processing of specific products and the recon- struction is required for the owner of the building or struc- ture to continue to competitively manufacture or process those products, which determination shall receive prior approval from the city council upon the recommendation of the Iowa Development Commission. (c) New machinery and equipment New machinery and equip- ment assessed as real estate pursuant to section 427A.1, subsection 1, paragraph e, of the 1983 code of Iowa unless the machinery or equipment is part of the normal replace- ment or operating process to maintain or expand the exist- i ing operational status. (Ord. No. 85-3222, 4 1,1.22-85) fd) Research -service /facilities: A building or group of buildings devoted primarily to research and development activities, i including but not limited to the design and production or manufacture of prototype products for experimental use, and corporate -research services which do not have a pri- mary purpose of providing on-site services to the public. (e) Warehouse: A building or structure used as a public ware. house for the storage of goods pursuant to Chapter 554, Article 7 of the 1985 Code of Iowa, except that it does not mean a building or structure used primarily to store raw agricultural products or from which goods are sold at retail. (q Distribution center. A building or storage used primarily for the storage of goods which are intended for subsequent shipment to retail outlets. Distribution center does not mean a building or structure used primarily for any of the following purposes: To store raw agricultural products, by a manufacturer to store goods to be used in the manufac- turing process, for the storage of petroleum products, or for the retail sale of goods. (Ord. No. 85.3222, 4 1, 1.22.85; Ord. No. 85.3281, § 2B, 11.19-85) '- Supp. No. 27 2243 U 132.1-33 IOWA MY CODE --� Sec. 32.1.33. Period and amount of exemption. The actual value added to industrial real estate for the reasons specified in section 32.1.31 is eligible to receive a partial exemp. tion from taxation for a period of five (5) years. However, if property ceases to be classified as industrial real estate or ceases to be used as a research -service facility, warehouse or distribu- tion center, the partial exemption for the value added shall not be allowed for subsequent assessment years. The amount of ac. tual value added which is eligible to be exempt from taxation shall be as follows: (a) For the first year .............................. 75% (b) For the second year ............................60% (c) For the third year..............................46% (d) For the fourth year.............................30% (e) For the fifth year..............................15% (Ord. No. 85.3222, § 1,1-22-85; Ord. No. 85.3261, § 2A, 11.19.85) Sec. 32.134, limitation on amount of exemption. The granting of the exemption under this article for new con. struction constituting complete replacement of an existing build- ing or structure shall not result in the assessed value of the industrial real estate being reduced below the assessed value for the industrial real estate before the start of the new construction added. (Ord. No. 85.3222, § 1,1.22-85) Sec. 32.135. Application for exemption An application shall be filed for each project resulting in actual value added for which an exemption is claimed. The application for exemption shall be filed by the owner of the property with the city assessor by February 1 of the assessment year in which the value added is first assessed for taxation. Applications for exemp- tion shall be made on forms prescribed by the director of revenue and shall contain information pertaining to the nature of the improvement, its cost, and other information deemed necessary by the director of revenue. (Ord. No. 85.3222, § 1, 1.22.85) Supp. No. 27 2244 S�d r TAXATION 4 32.1.38 Sec. 32.136. Application for prior approval. A person may submit a proposal to the city council to receive Prior approval for eligibility for tax exemption on new construe. tion. The city council, by ordinance, may give its prior approval of a tax exemption for new construction if the new construction is in conformance with Chapter 36, the Zoning Ordinance of Iowa City. The ordinance may be enacted not less than thirty (30) days after a public hearing is held in accordance with section 362.3 of the 1983 Code of Iowa. Such prior approval shall not entitle the owner to exemption from taxation until the new construction has been completed and found to be qualified real estate. However, if the tax exemption for new construction is not approved, the per. son may submit an amended proposal to the city council to ap. Prove or reject. (Ord. No. 85.3222, 3 1,1.22.85) Sec. 32.137. Repeal. When in the opinion of the city council continuation of the exemption granted by this article ceases to be of benefit to the city, the city council may repeal this article, but all existing J- exemptions shall continue until their expiration. (Ord. No. 853222, $ 1, 1.22.85) Sec. 32.138. Dual exemptions prohibited. A property tax exemption under this article shall not be granted if the property for which the exemption is claimed has received any other property tax exemption authorized by law. (Ord. No. 85.3222, $ 1, 1.22.85) Supp. No. 27 I 2245 �j IThe noxi pogo Is 2287) _ Sob 0 �V...xa a....., a ............... �..., w,..w.....,:: ,:: , ,, -... UTILITIES 133-76.19 this division for sources in that subcategory, shall immediately supersede the limitations imposed under this division. (b) Where the city's waste water treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the city may apply to the approval authority for modi• fication of specific limits in the federal pretreatment standards. The city may then modify pollutant discharge limits in the W. eral pretreatment standards if the requirements contained in 40 CFR Part 403, Section 403.7 are fulfilled and prior approval from the approval authority is obtained. (Ord. No. 84-3172, Art. B, 11 1, 2, 2.14.84) Cross reference --City may require pretreatment for certain harardoss wad a,1 33.76.2. Sec. 33-76.19. Same --Specific standards foreertain pollutants. (a) An industrial user may not contribute to the POTW any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State criteria applicable to the sludge manage- ment method being used, (b) No industrial user shall discharge waste water causing the following limitations to be exceeded at the POTW treatment plant influent when measured in a twenty -four-hour composite sample: %4 mg1l Aluminum 16 Arsenic 0.006 Barium 2 Cadmium 0.003 Total chromium 0,16 Copper 0.24 Supp. No. 27 2282.19 ) I Sob %4 s �R+MHtt(tla�.at. to I 933-76.19 IOWA CITY CODE mg/1 Cyanide 0.1 Iron 10 Lead 0.1 Manganese 10 Mercury 0.001 Nickel 0.1 Phenol 4 Selenium 0.1 Silver 5 Zinc 0.3 mg/i = milligrams per liter If the potable water supply exceeds the established limitations, industrial user discharge limitations shall be based on POTW performance and sludge disposal criteria. (c) No industrial user shall discharge waste water having a pH lower than 6.0 or greater than 10.5 or having any other corrosive property capable of causing damage or hazard to POTW struc• tures, equipment or personnel. (d) No industrial user shall discharge any waste water causing the water pollution control plant influent waste water tempera. ture to exceed forty (40) degrees centigrade (104 degrees fahren. halt). (Ord. No. 84.3172, Art. H, H 3-6, 2.14-84) Crass reference—Prohibited discharges under Division 5,133-76. Sec. 3978.20. Applicability of more stringent requirements. (a) State requirements and limitations on discharges shall apply in any ca4e where they are more stringent than federal require• ments and limitations or those in this division. (b) The city reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the waste water disposal system if deemed necessary to comply with the objectives of this division. (Ord. No. 84-3172, Art. H, H 8, 9, 2.14.84) Supp No. 27 2282.20 ; SaF %4 r 0 -� ZONING 9 364 (4) Vehicle, storage of, A vehicle or portion thereof which is parked in the same position for a period of forty. eight (48) hours or more. (w) Reserved (x) Reserved (y) (1) Yard- A required area on a lot unoccupied by struc. tures above grade except for projections and the spe. cific minor uses or structures allowed in such area under the provisions of this chapter. A yard extends from the grade upward. (2) Yard, front: The required area across a lot between the front yard line and the street (right-of-way line). (3) Yard rean The required area from one side lot line to another side lot line and between the rear yard line and the rear lot line. (4) Yard side- The required area from the font yard line to the rear yard line and from the side yard line to the side lot line. ~•� (5) Yard ling front A line from one side lot line to an. other side lot line, parallel to the street, and as far back from the street as required in this chapter for the front yard. (6) Yard line, rear.- A line parallel to the rear lot line and as far forward from the rear lot line as required by this chapter (see "lot line, rear'), (7) Yard ling side- A line parallel to the side lot line and as far from the side lot line as required by this chapter. (z) (1) Zone A portion of the city delineated on the zoning map in which requirements and development stand. ards for the use of land and buildings within, above or below the zone are prescribed in this chapter. (2) Zoning rode interpretation Panel., A staff panel desig- nated by the city manager to interpret the provisions of the zoning ordinance in such a way as to carry out its intent and purpose. (3) Zoning map: The map delineating the boundaries of zones which, along with the zoning text, comprises the zoning ordinance. (Ord. No. 85.3252, § 1, 9.10-85) 9upp, No. 27 2601 568 4 364 IOWA CrrY CODE Cross references—Flood overlay zone definitions, 1 3632; lawn River corridor overlay zone definitions. A 3645; sign regulation definitions, 4 3661. ARTICLE II. PRINCIPAL USES AND REQUIREMENTS DIVISION 1. ZONES Sec. 36d. interim development zone (ID). (a) Intent This zone is intended to provide for areas of man. aged growth in which agricultural and other nonurban uses of land may continue, until such time as the city is able to provide municipal services and urban development can take place. Upon provision of municipal services, the city will and the property owner may initiate rezoning of property to uses consistent with the comprehensive plan. ID designations on the zoning map shall be reevaluated with each revision of the comprehensive plan. ID designations shall consist of ID•RS (single-family residential), ID•RM (multifamily residential), ID -ORP (office research park), and ID•RDP (research development park) to reflect the intended ^ use of the property in the future. (b) Permitted uses, (1) Farms. (2) Livestock and livestock operations except livestock feed lots and confinement feeding operations. (c) Provisional use& (1) Clubs subject to the requirements of section 36.55. (2) Farm dwellings provided they are developed in accordance with the dimensional requirements of the RR -1 zone. A maximum of two (2) roomers may reside in each farm dwelling. (3) Livestock feedlots, except confinement feeding operations, provided they are located not closer than one-fourth (t/i) mile to any R zone boundary. (4) Office research park (ORP) uses provided they are devel• oped in accordance with the applicable special provisions of this zone. Supp. No. 27 2502 5a8 3 L 0 M/�.1�t�4vataSJ..�S.Swa.aNY\at�aSa�awurcn,...H�:v'v'v. vwaawata��nw+...L..vvw v�::::.av'..Y.v.r:.Y...': ..Nwv.v.YY.vwv.�� ZONING 4 36.5 I (4.1) Research deve 1 opment park (RDP) uses provided they are developed in accordance with the applicable special provi. sions of this zone. (5) Single-family dwellings provided they are developed in accordance with the applicable special provisions of this zone. (6) 'Stables and kennels subject to the requirements of section 36.66. (d) Special exceptions (1) Communication towers and satellite receiving devices, pro- vided they shell be located at least as far away from prop. erty linea as their height is above grade. (2) Public utilities. (e) Dimemionat requirements (1) Minimum lot area: 10 acres. (2) Minimum lot width: 60 feet. (3) Minimum lot frontage: 40 feet. (4) Minimum yards: Front—According to the following table: Setback Street Width Comprehensive Plan (feet) (feet) Street Classification 40 40 secondary arterial 27 66 secondary arterial 25 40 collector or local 20 60 or more secondary arterial 20 50 or more collector or local Side -5 feet for the first 2 stories plus 2 feet for each additional story. Rear -20 feet. (6) Maximum building bulk: None. (6) Minimum building width: 20 feet for at least 75 percent of the building's length. Supp. No. 27 2503 i %4 138.5 IOWA CITY CODE (0 General provisions All principal and accessory uses permit- ted within this zone are subject to the requirements of Articles III - and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article III. a. Permitted accessory uses and buildings: See section 36-56. b. Accessory use and building regulations: See section 36-57. c. Off-street parking requirements: Not applicable. d. Off-street loading requirements: Not applicable. e. Sign regulations: See section 36.60. f. Fence regulations: See section 36-65. (2) General provisions: See Article IV. a. Dimensional requirements: See Division 1. b. Tree regulations: Not applicable. C. Performance standards: See Division 3. d. Nonconformities: See Division 4. (g) Special provisions. (1) Single-family dwellings may be developed in those areae designated ID -RS on minimum lot areae of five (6) acres and at the width, frontage and yard requirements of the ID zone. (2) Office research park uses may develop in those areae des. ignated ID -ORP in accordance with the requirements of the ORP zone. Any such uses shall be constructed to full city development standards and shall provide approved private water and sewer facilities until such time as city services are extended to the area. (3) Research development park uses may develop in those areas designated ID-RDP in accordance with the require. ments of the RDP zone. Any such uses shall be constructed to full city development standards and shall provide ap. proved private water and sewer facilities until such time as city services are extended to the area. Ord. No. 85-3267, 5 2, 12.17.85) Supp, No, 27 2604 „S'OS ZONING 4 36-17 retail establishments specifically allowed in this zone. Any office use shall be permitted excepting the following: a. Drive-in facilities. b. Small animal clinics. (8) Optical, prosthetics, medical and dental supply stores, lim. ited to retail sales. (9) Pharmacies limited to the retail sale of drugs and pharma. ceutical products. (10) Photographic studios. (c) Provisional uses. (1) Dwellings located above or below the ground floor of an- other principal use permitted in this zone provided that the density does not exceed one dwelling unit per one thousand eight hundred (1,800) square feet of lot area. A maximum of three (3) roomers may reside in each unit. (2) Religious institutions subject to the requirements of sec. tion 3655. (d) Special exceptions. (1) Barbershops and beauty y perlore, laundromate, and laun- dry and dry cleaning pickup and delivery services. (2) Child care facilities. (3) Communication stations and studios. (4) Drive-in facilities associated with financial institutions. (5) Funeral homes subject to the requirements of section 36.55. (6) Group care facilities provided that there is at least three hundred (300) square feet of lot area for each occupant. (7) Public utilities. (8) Restaurants. (9) Schools—Specialized private instruction. (10) Transient housing provided that there is at least three hundred (300) square feet of lot area for each permanent Supp. Na. 27 2531 s 13&17 IOWA CITY CODE resident and two hundred (200) square feet for each tempo- rary resident. (e) Dimensional requirements. (1) Minimum lot area: None. (2) Minimum lot width: None. (3) Minimum lot frontage: None. (4) Minimum yards: Front -20 feet. Side—None. Rear—None. (5) Maximum building bulk: Height -25 feet. Lot coverage—None. Floor area ratio -1. (0 General provisions. All principal and accessory uses permit ted within this zone are subject to the requirements of Articles HI and IV, the divisions and sections of which are indicated as I follows: (1) Accessory uses and requirements: See Article I11. a. Permitted accessory uses and buildings: See section 36-56. b. Accessory use and building requirements: See section 36.57. c. Off-street parking requirements: See section 36-58. d. Off-street loading requirements: See section 36.59. e. Sign regulations: See section 36.60. C Fence regulations: See section 36.65. (2) General provisions: See Article IV. a. Dimensional requirements: See Division 1. b, Tree regulations: See Division 2. c. Performance standards: See Division 3. d. Nonconformities: See Division 4. Supp. No. 27 .- 2632 Sa6 3 s ZONING 13618 (g) Special provisions (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional re- quirements or the off-street parking requirements. (2) Hospitals which existed on August 7, 1962, shall be ex. empt from and may expand without compliance with the dimensional requirements. (Ord. No. 85.3266, 4 2, 12.17.85) Sec. 36.18. Neighborhood commercial zone (CN -1). (a) Intent The neighborhood commercial zone (CN -1) is intended to permit the development of retail sales and personal services required to meet the needs of a fully developed residential neigh. borhood. Stores in this zone should be useful to the majority of the neighborhood residents, should be economically supportable by nearby populations, and should not draw community -wide patronage. In general, the CN -1 zone is intended for the grouping of small retail businesses which are relatively nuisaneefree to surrounding residences. The location and development of neigh- borhood commercial sites should follow the criteria set forth for such sites in the comprehensive plan. (b) Permitted uses. (1) Barbershops and beauty parlors, laundromats, and laun. dry and dry cleaning pickup and delivery services. (2) Drugstores, florist shops and variety stores. (3) Financial institutions. (4) Grocery stores including specialty food such as bakery and delicatessen goods, (c) Provisional uses. (1) None. (d) Special exceptions (1) Child care facilities subject to the requirements of section 36.55. (2) Drive-in facilities for financial institutions. Supp. No. 27 2533 %4 4 36.18 IOWA CITY CODE (3) Dwellings located above or below the ground floor of an. other principal use permitted in this zone, provided that the density does not exceed one dwelling unit per one thousand eight hundred (1,800) square feet of lot area. A maximum of three (3) roomers may reside in each dwelling unit. (4) Filling stations provided that no part of the filling station site shall be located within one hundred (100) feet of an R zone boundary. (5) Public utilities. (6) Religious institutions. (7) Restaurants. (8) School—Specialized private instruction. (e) Dimensional requirements. (1) Minimum lot area: None. (2) Minimum lot width: None. (3) Minimum lot frontage: None. (4) Minimum yards: Front -20 feet. Side—None. Rear—None. (5) Maximum building bulk: Height -25 feet. Lot coverage—None. Floor area ratio -1. (f) General provisions. All principal and accessory uses permit- ted within this zone are subject to the requirements of Articles HI and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements,, See Article III. a. Permitted accessory uses and buildings: See section 36-56. Supp. No. 27 2534 G %4 ZONING 636-23 (19) Restaurants. (20) Wholesale trade and warehouse establishments for the goods listed in the I-1 zone. (c) Provisional uses. (1) Funeral homes subject to the requirements of section 3655. (2) Kennels and veterinary establishments provided they are not located within two hundred (200) feet of an R zone. (3) Retail establishments other than listed when associated with the uses allowed in this zone provided that not more than fifty (60) per cent of the total ground floor area shall be devoted to the retail display of merchandise. (d) Special exception& (1) Adult businesses, such as massage parlors and other sim- ilar establishments which feature nude dancers or models, provided they shall not be located within five hundred -1\ (500) feet of a restaurant or another adult business. (2) Cementitious concrete batch/mix plants. (3) Dwellings located above the ground floor of another prin- cipal use permitted in this zone, provided that the density does not exceed one dwelling unit per one thousand eight hundred (1,800) square feet of lot area. A maximum of three (3) roomers may reside in each dwelling unit. (4) Group care facilities provided that there is at least three hundred (300) square feet of lot area for each occupant. (5) Public utilities. (6) Schools—Specialized private instruction. (7) Iiransient housing provided that there is at least three hundred (300) square feet of lot area for each permanent resident and two hundred (200) square feet for each tempo- rary resident. (e) Dimensional requirements. (1) Minimum lot area: None. Supp. No. 27 2546 IJ SQd %4 F23 IOWA CITY CODE 1-1� 2) Minimum lot width: None. I) Minimum lot frontage: None. t) Minimum yards: Front -20 feet. Side—None. Rear—None. i) Maximum building bulk: Height -36 feet. Lot coverage—None. Floor area ratio -1. General provisions. All principal and accessory uses permit within this zone are subject to the requirements of Articles III IV, the divisions and sections of which are indicated as Dws: .) Accessory uses and requirements: See Article M. a. Permitted accessory uses and buildings: See section 36.66. b. Accessory use and building regulations: See section 3657. c. Off-street parking requirements: See section 3659. d. Off-street loading requirements: See section 3659. e. Sign regulations: See section 3660. L Fence regulations: See section 3656. ) General provisions: See Article IV. a. Dimensional requirements: See Division 1. b. Tree regulations: See Division 2. c. Performance standards: See Division 3. d. Nonconformities: See Division 4. ) Special provisions. None. - 36-24. Research development park zone (RPD). I intent it is intended that this zone provide areas for the development of office, research, limited production and/or assem- bly, and similar uses. The requirements of this zone are intended Supp. No. 27 2646 WTI tMx..:i.:...<.aJ....,a........... 1� ZONING 43624 to provide protection from adverse impacts of uses within this zone on adjacent land uses. Hotels, motels, and similar uses should be located along the periphery of the zone or in such other locations that do not adversely affect the setting and quality of development for the permitted uses of the zone. (b) Permitted uses. (1) Data processing and computer operations. (2) Merchandise and product display centers, but not includ. ing the retail sale of merchandise. (3) Offices for business, educational, financial, governmental, industrial or professional uses. (4) Research, testing, and experimental laboratories. (5) Establishments for the manufacture, assembly, service, and repair of the products listed below: a. Pharmaceuticals. b. Office, computing, and accounting machines. c. Communication equipment. d. Electronic components and accessories. e. Engineering, scientific and research laboratory equip- ment. f. Measuring and controlling instruments. g. Optical instruments and lenses. h. Surgical, medical, and dental instruments and supplies. i. Photographic equipment and supplies. j. Electrotherapeutic, electromedical, and x-ray apparatus. k. Jewelry, silver, and plated ware. (6) Printing and publishing facilities. (c) Provisional uses. (1) Warehousing, storage, and distribution facilities associated with and related to any of the principal uses described in subsection (b), above, and physically attached to a struc- ture or structures occupied by such facilities, Such facili- ties may Occupy up to sixty (60) per cent of the total gross floor area occupied by the use. Supp. No. 27 2547 �1'J1 4 3624 IOWA CITY CODE (d) Special exceptions. -- (1) Child care facilities. (2) Communication stations, centers, studios and towers, pro- vided that lowers shall be located at least as far away from lot lines as their height above grade. (3) Heliports and helistops subject to the requirements of sec- tion 36.55. (4) Hotels, motels and convention centers, and restaurants accessory thereto. (5) Public utilities, except public utility storage yards. (6) Schools, specialized private instruction. (e) Dimensional requirements (1) Minimum lot area: 2 acres. (2) Minimum lot width: None. (3) Minimum lot frontage: None. �11 (4) Required yards: l�J/ Front—None, except where a lot abuts or is across the street from a residential zone, an ORP or ID zone, no building, or parking or loading area shall be closer to the zone boundary than 160 feet. A parking area may be located to within 60 feet of a residential, ORP, or ID zone boundary if the parking area is screened as pro- vided in section 36.76QXI)b. Side—None, except where a lot abuts or is across the street from a residential zone, an ORP or ID zone, no build- ing, or parking or loading area shall be closer to the zone boundary than 150 feet. A parking area may be located to within 60 feet of a residential, ORP or ID zone boundary if the parking area is screened as pro. vided in section 36.7600b. Rear—None, except where a lot abuts or is across the street from a residential zone, an ORP or ID zone, no build. ing, or parking or loading area shall be closer to the Supp. No. 27 2648 ( J Sob ' ZONING 136.26 zone boundary than 150 feet. A parking area may be located to within 60 feet of a residential, ORP or ID zone boundary if the parking area is screened as pro. vided in section 36.76Qg1)b. (5) Maximum building bulk: _ Height -3 stories. Lot coverage -50 per cent. (0 General provisions. All principal and accessory uses permit. ted within this zone are subject to the requirements of Articles III and IV of this chapter, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article III, a. Permitted accessory uses and buildings: See section .. as -56. . b. Accessory use and building regulations: See section 36-57. c. Off-street parking requirements: See section 36.58. d. Off-street loading requirements: See section 36-59. C e. Sign regulations: See section 36.60. G Fence regulations: See section 36.64. (2) General provisions: See Article IV. a. Dimensional requirements: See Division I. b. Thee regulations: See Division II. c. Performance standards: See Division III. d. Nonconformities: See Division IV. (g) Special provisions. ... (1) In no instance shall an area zoned RDP be less than ton (10) acres. (Ord. No. 85.3267, k 2,12.17.85) Sec. 36.25. Office and research park zone (ORP). (a) Intent It is intended that this zone provide areas for the development of large office, research and similar uses. The re- quirements of this zone provide protection for uses within the If` zone to adjacent land uses and for adjacent more restrictive uses. Supp. No. 27 �J 2548.1 i ...................<. ::r .............. ev........ Y. ,........... i 4 96.26 IOWA CrrY CODE Hotels, motels and similar uses should be located along the pe. 1 riphery of the zone or in such other locations that do not ad• _ versely affect the setting and quality of development for the permitted uses of this zone. (b) Permitted uses. (1) Data processing and computer operations. (2) Merchandise and product display centers, but not includ• ing the retail sale of merchandise on premises. (3) Offices including business, educational, governmental, in. dustrial or professional offices. j (4) Research, testing, and experimental laboratories. (c) Provisional uses (1) None. (d) Special exceptions (1) Communication stations, centers, studios and towers pro• vided that towers shall be located at least as far away from lot lines as their height above grade. (2) Heliports and helistops subject to the requirements of sec- tion 36.55. (3) Hotela, motels, and convention centers, including restaurants. (4) Public utilities. (e) Dimensional requirements j (1) Minimum lot area: 7 acres. (2) Minimum lot width: None. (3) Minimum lot frontage: None. (4) Required yards: Front -160 feet, Side -100 feet. Rear -100 feet. Supp. No. 27 2548.2 Sa8 t: ' lhatN(f.�N(a...Haa(iaa'.-.'.•..• ZONING 63625 (5) Maximum building bulk: Height—None. Lot coverage—None. Floor area ratio—None. (0 General provisions. All principal and accessory uses permit- ted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article III. a. Permitted accessory uses and buildings: See section 3656. b. Accessory use and building regulations: See section 36.57. c. OR -street parking requirements: See section 36.58. d. Off-street loading requirements: See section 36.59. e. Sign regulations: See section 36.60. f. Fence regulations: See section 36.65. (2) General provisions: See Article IV. a. Dimensional requirements: See Division 1. b. Tree regulations: See Division 2. c. Performance standards: See Division 3. d. Nonconformities: See Division 4. (g) Special provisions. (1) In no instance shall an area zoned ORP be less than twenty- one (21) acres. wentyone(21)acres. Supp. No. 27 2548.3 5a8 •4%ft.�ti<.iiaac..t..a...a•........... <.w.,c..w....: sr,,.,v+......„„__/,......«....r..wr..............yv........w..�..- ZONING 13"s exclusively for the use of the residents of the premises but not including a storage building for commercial purposes and provided that only one such building shall be permitted on a lot. (12) Structures for the shelter of household pets except kennels. (e) In the RM -12, RS.1$ RNC -20, RM -20, RM 14, and RM. 145 zone& In addition to the accessory uses included in subsection (b), storage buildings and off-street loading shall be permitted. (d) In the C zones: (1) For residential uses, the accessory uses included in subsection (c) shall be permitted. (2) For commercial uses there may be any accessory use provided that: a. Except in the C1.1 zone, the floor area for storage and warehousing shall not exceed forty (40) per cent of the total floor area. b. Fences are erected according to section 36.65. c. Off-street parking and loading are provided ac. cording to section 3658 and section 3659. d. Signs are erected according to section 36.60. e. A communication tower's distance from an R zone shall be at least equal to the height of the tower. (e) In the ORP, I and RDP zones. There may be any accessory use including but not limited to printing, publishing, de• sign, development, fabrication, assemblage, storage and warehousing, and child care facilities provided that: (1) Fences are erected in compliance with section 36.65. (2) 011istreet parking and loading are provided as required in sections 36.58 and 36.59. (3) Signs are erected in compliance with section 36-60. (4) A communication tower's distance from an R zone is at least equal to the height of the tower. (Ord. No. 85.3267, $ 2, 12.17.85) Supp. No. 27 2599 �4Ava4a{a! 138-57 IOWA CrrY CODE Sec. 36-67. Accessory use and building regulations. (a) Detached accessory uses and buildings. In all zones, except as otherwise provided, detached accessory uses and buildings shall be subject to the following requirements: (1) Time of construction. No accessory building shall be con- strutted prior to the start of construction of the principal building. (2) Setback from property lines. Except as otherwise provided, an accessory building shall be separated from lot lines in compliance with the following requirements: a. Accessory buildings, except for roadside stands, shall not be located in a front yard and garages and carports shall be located to provide a minimum twenty -foot length "aisle" between the building and the street right-of-way line. b. In R zones an accessory building shall not be located closer than five (6) feet to a aide lot line or a rear lot line; however, an accessory building may be located to within three (3) feet of a aide or rear lot line if it is located at least sixty (60) feet from the street. In an ORP zone, an accessory building shall not be located in a side or rear yard. An accessory building for a zero lot line dwelling shell comply with the above require. ments and shall not be located in the required ten -foot side yard. c. Setback from alley. When a garage or carport is en- tered directly from an alley, it shall not be located closer than ten (10) feet from the alley righWf way line. (3) Setback from principal building. No portion of an acces- sory building shall be located closer than six (6) feet to the principal building. (4) Maximum rear yard coverage. In R zones, accessory build- ings shall not occupy more than thirty (30) per cent of the rear yard area. Supp. No. 27 2600 - i vPrinripni Us, Zone p Num6cro/3pory Q j• Machinery new Wherepe"Jund One Parking space for each eight hundred (8W) v k. Motor vehicle sales end et rentals equarefeofflcmu. Where permitted One parking space fm. each five hundred 1. OfGere square feet ofer floarea (60p) I. Where permitted a:• one Panting spare for orytC&2 each two hundred (200) squarsfestoffloorar" 2. C&2 One parking space for each three hundred (300) m. Offie m, clinks quare fest officer area to Where permitted Two (2) Parking spMu for each office, eramlnig room and treatment room provided, however, a n. Personaltheshall not be less than five (6) spaces _oueineaw, beauty When Permitted m y p Patter chair ePaceefereach barber erbeauty O . e• � re enea busln(other than Wham Permitted One Parking spare for each one hundred fifty (160) square feet of floor gree 0.1. Photographic studios- I Where Permitted TWO (2) parking spaces for each office, studio and reception era, provided that there shall he no P. Rental agenda,IMthan five (6) spaces plies equipment end sup Where Parmitted Out spew for each >iWe hundred (600) quare feet of interior and asteriur storage ane fer i natal applies and equipment .. _.. 1 Alia(ve.!a...l... .........0...::.ru�.u� r'.'� w�.l...•..tyY•�.Y.uwwaYN inn Pdaew Or F Tuns q• Restaurants and establiehmente die. x when, Permitted o Mining food or beverage N +'o/3pocen for comump. tion on the premises One parking (150) space for each one hundred pity square feet of poor m �< r• Restaurants, drive-in or car I area, or parking spaces equal in number to onathird I%) the occupant load of the seating area, ryout Wh Where, Permitted whichever is lens One parkin g entre fu Bark itity lel stores and shop, (other then Where permitted Offloor area, but not lees than r,,. (5),p.Qum . t• Studio and stations, radio and televi. One Puking space for each two hundred (200) °quare feet orrewi poor area ,foo (3) fnduo w uses Where Permitted One parking square feet of pfl000rearen jo, each four hundred ({0p) 8 a' Contractor sad construction . establish. here perittedaisntsandyards n> The num total of Parking speoes shelf be deter. mined on the basis . of the parking spaces mo- quired fu DBMSindivideos ually such 0 - 6. Junkyards ea oMM area and warehouses ap Where Mrmitted The sum total of puking .pees. ,hall he deter mined an the basis of the puking spares i research, development re• forag uses individually such a4 o9ks area qndgarage and Parags spc, andtorlae, ng Where Permitted One spare fu each sigh undnd(B00)a9uare d. Meaufuturing u establishments of poor use feet an. gaged to Production, Ing and MURK. cleaning,iservicin uO Where permitted ParkingOne apacer each ala hundred (g00) square repair ofmatulb. goods, or products re use 0 j _LA.x:wa;«...e.,.......,,�:.....,..,.......A.:.,:..r_ r......... .....-.R................n...,...........w....v...'.H.,.n... Principal Use Zone v Za. Motor and railroad freight terminale, Where permitted p cartage, erpress and parcel delivery 2 N 0 w Numbcro/Spares One parking apace for each eight hundred (800) square feet of floor arta F H i tel, i� TONING I" be provided as the physical limitations of the lot, building or other provisions of this chapter will allow. (6) In the case of mixed uses, the parking and stacking spaces required shall equal the sum of the require. menta of the various uses computed separately. (6) The storage of merchandiae, materials, equipment, refuse containers, obsolete or junk vehicles, or the major re. Pair of vehicles is prohibited in required off4trad park. ing and stacking spaces. (7) Prior to the issuance of a certificate of occupancy as provided in section 36.86, all parking and stacking spaces, drives and aisles shall, as provided in section 36-58(cXl) be paved with concrete, asphalt or a similar dustfree surface; except that the building official may issue a temporary certificate of occupancy in those instances where the building official finds that the paving cannot reasonably be completed due to adverse weather conditions or settling of land on the site after demolition or filling. A temporary certificate of occu- pancy shall be effective only to a date specific, and, as a condition to issuance of such a temporary certificate, the property owner shall place in an escrow account, established with the city, an amount which shall cover one hundred ten (110) per cent of the anticipated cost of paving. (e) Construction, design and location requirements. (1) Construction. All parking and stacking spaces, drives and aisles shall be constructed of asphalt, conents or similar permanent dusttlne surface. (2) Design. Except for single-family dwellings (including zero lot line and townhouse units) and duplexes, park. ing and stacking spaces, aisles and drives shall be designed as follows: a. Parking areae shall have the minimum dimen. sions illustrated in Figure 1 for each of the puk- ing configurations permitted (whoa the edges of puking spaces are curved, as on a curved aisle, all angles shall be measured between the straight Supp. No. 27 2611 0 i 09&68 IOWA CITY CODE PAeKiNc GaNA4t9AT10K6 ANP DIMENSIONS �LdND4¢D �FNIrLES WHPACT Vewei A ani,a w ..� I -•-I .� was �I-R-I MA �,'•� + ' �yr ••s syr � Ate. n• Y unc a', wry.•.• i.••r. • lil � ve Aye ,e' A*LC OV i r ^'� �• I ao '� E � us K Avw N I t Eunn. M. 97 s .x.<.....e..................................�.r.v.........Y.............,�......... %4 ^� ZONING 4 3658 i i edges of the parking spaces and tangents to the curved edges at their point of intersection). b. Up to one-third (1/3) of the required number of parking spaces may be eight(8)feet in width by fifteen (15) feet in length if the parking spaces are signed "Compact Vehicles Only." C. All parking spaces shall be connected to an aisle which shall have a minimum width as indicated j in Figure 1. Aisles designed for two-way traffic shall have a minimum width of twenty.two (22) feet. d. The greatest aisle width shown in Figure 1 shall be provided when combining diiierent parking space configurations on the same aisle. e. Parking spaces shall be designed to permit ingress and egress of the vehicle without moving any other L.Nc„xaii(tt, et,,�(t ZONING 13648 - 2. For detached single-family dwellings in the R zones, one of the required parking spaces may be provided in the front yard on a regularly constructed aisle provided that not less than fifty (50) per cent of the front yard area shall remain in open space free of impervious surface. 3. For zero lot line dwellings, duplexes, and fam- ily care facilities, two (2) of the required park- ing spaces may be provided in the front yard on a regularly constructed aisle provided that not less than fifty (50) per cent of the front yard area shall remain in open space free of impervious surface. 4. In the ORP zone, only ten (10) per cent of the required number of parking spaces may be located in the front yard not closer than fifty (50) feet to a street. 5. Where the paved surface of a street is nar- rower in width than twenty-eight (28) feet, four (4) of the parking p g spaces required by Chap- ter 32 (Subdivision Regulations) may be lo- `� cated in the front yard on a regularly con- structed aisle. c. Side yard. Except for single- and two-family dwell- ings or where two (2) lots share the same parking and stacking spaces, drives and aisles pursuant to subsection (d), no parking spaces, aisles or drives shall be permitted in that portion of the required side yard which is contiguous to the principal build- ing on a lot. d. Rear yard. Parking and stacking spaces, drives and aisles may be provided in the rear yard. (d) Off-street parking located on a separate lot Where two (2) or more uses share the same off-street parking and stack- ing spaces, aisles and drives, an increase in the number of spaces is required by a conversion or an enlargement of a use, or when uses are located in a CB -2 zone, off-street parking and stacking spaces, aisles and drives may be located on a separate lot from the use served provided a Supp. No. 27 2616 3 13658 IOWA CITY CODE special exception is granted by the board of a(Uustment and that the following conditions are met: (1) Special location plan. A special location plan shall be filed with the board by the owners of the entire land i area to be included within the special location plan and shall contain such information deemed necessary to comply with the requirements herein. Evidence of ownership shall be provided. (2) Off-street parking location. a. In R and C zones, the nearest point of the parking area to the nearest point of the building that the parking area is required to serve, shall not be greater than three hundred (300) feet. b. In 1, ORP and RDP zones, the nearest point of the parking area to the nearest point of the building that the parking area is required to serve, shall not be greater than six hundred (600) feet. (3) Where off-street parking is used jointly by two (2) or more uses the number of parking spaces shall be equal to the sum total of off-street parking space require- ments of all such uses. (4) Up to fifty (60) per cent of the parking spaces required for commercial recreational uses, clubs, schools or res- taurants and up to one hundred (100) per cent for a religious institution may be shared by financial inti. tutions, offices, retail establishments, repair shops, per- sonal service establishments and similar uses not nor. mally open, used or operated during the same hours. (6) A written agreement properly executed by the owners within the area of the special location plan assuring the retention of the parking and stacking spaces, aisles and drives and binding upon their successors and as. signs shall be submitted with the special location plan as a covenant running with the land. (6) In instances where a use is within six hundred (600) feet of a city -owned parking area, up to fifty (60) per cent of the required number of parking spaces may be provided in the parking facility. In the instance where an applicant wishes to provide off-street parking in a Supp. No. 27 2616 509 3 A � \ ZONING 4 36.59 identified with signs for use by handicapped persons. The spaces shall be a minimum of twelve (12) feet, six (6) inches wide and located with the most convenient access to the building. A smooth, unimpeded surface shall be provided from the parking spaces to the building entrance. (i) Modification of parking requirements Where it can be dem. onstrated that a specific use has such characteristics that the number of parking or stacking spaces required is too restrictive, the board of adjustment may grant a special exception to allow not more than a fifty (50) per cent reduc- tion, and more for buildings placed on the National Regis- ter of Historic Places, in the required number of parking or stacking spaces. (Ord. No. 85-3260, S 2A, 11-19-85; Ord. No. 85-3266, 4 2,12.17.85; Ord. No. 85.3267, 4 2, 12.17.85) Cross reference --Stopping, standing and parking, 123.236 et seq. Sec. 8849. OH4treet loading requiremOnts, �1 Except in the CB -10 zone, off-street loading spaces'ball be provided and maintained in compliance with the following requirements: (a) Required number of off-street loading spaces With any retail use. warehouse, supply house, wholesale distributor, manufacturing establishment, industrial or research labo- ratory, or similar use which requires the receipt or distri- bution of materials or merchandise by trucks or vans and which has a floor area of ten thousand (10,000) square fe8t or more, there shall be provided the minimum number of loading spaces as follows: Square Feet of Aggregate Minimum Requirtd Number GrossFloorArea of Spaces 10,000 to 20,000 1 20,000 to 40,000 2 40,000 to 80.000 8 80,000 to 120,000 4 120,000 to 160,000 5 For each additional 80,000 1 additional Supp. No. 27 2619 ,So 8 I wag IOWA CITY CODE /1-11.. (b) General rules applicable to off-street loading. Except an otherwise provided in this chapter, the same rules appli. cable W off-street parking, section 3658(6), shall apply to off-street loading. (c) Design requirements (1) All loading spaces shall be constructed of asphalt, con- crete or similar permanent dustfree surface. (2) Loading spaces shall be a minimum of ten (10) feet in width, twenty-five (26) feet in length, and twelve (12) feet in height, exclusive of stelae. When more than two (2) spaces are required, the spaces other than the first two (2) shall be not lean than twelve (12) feet in width, seventy-two (72) feet in length, and fourteen (14) feet in height. (3) All loading spaces shall be pitched and drained to prevent the flow of water from such areas onto streets and alloys which do not have adequate drainage facilities. (d) loading space location ^ (1) Except in the CB -2 sone, loading spaces shell be 10- �\ sated so that trucks or vane to be loaded or unloaded do not back onto or out of a street. (2)- In R and ORP zones and in the C and I zones within fifty (50) fast of an R or ORP zone, no loading space shall be located in the front yard. (3) Landis g spaces maybe provided within aside or rear yard but shall not be located closer than rive (6) feet to a lot line. Sec. 3&80. Sign regulations[—Generally.] W Intent It is the purpose of the sign regulations to enhance and protect the physical appearance and safety of the communi- ty, to protect property values and to promote the preservation of Iowa City's areas of natural, historic and scenic beauty. It is further intended to reduce distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs projecting over public rights -0f --way, provide for a rea- sonable opportunity for all sign users to display signs for identifi- cation without interference from other signage, to provide for fair Supp. No. 27 2620 ` J ■ —� ZONING I SU2 maximum signage allowance specified in each zone. Large scale real estate signs shall not be considered off -premises signs. j. OlGprcmises signs. I. Off -premises signs shall not be permitted in resi. dential, CO.I, CN -11 CB -10, ORP and RPD zones In the CB -2 zone, only off - facia si premises be allowed. Off -premises signs smay be bill•. board signs or any other type .sign allowed in the zone in which the sign is located. 2. Not more than one off -premises sign maybe erected or maintained per lot. Two (2) or more uses may erect a common off -premises directional sign. No off -premises sign shall be located closer than three hundred (300) feet to another off -premises sign. 3. No off -premises sign shall be located within one hundred twenty (120) feet of a residential zone, a public park, public or parochial school, religious institution, cemetery, public museum, or the ad. ministrative or judicial offices of city, county, state or federal governments. -' 4. An off -premises sign shall be permitted in addi. tion to the on -premises signage permitted on a lot. The area of the off -premises sign shall be de. ducted from the total sign area allowed for the same type of on -premises signage. 6. Off -premises billboard signs shall not exceed a height of twenty-five (25) feet. 6. Off premises billboard signs shall be permitted an area of one hundred forty-four (144) square feet or seventy-two (72) square feet per sign face. Bill. board signs shall not be applied toward the max. imum Signage allowance permitted on a lot. 7. Off -premises signs shall comply with all other sign requirements of the zone in which they are located k. Special events signs. One nonilluminated sign not to exceed one hundred (100) square feet is permitted on a lot. The use of a special events sign is restricted to no Supp. No. 27 2631 I I 6 9882 IOWA CITY CODE more than four (4) times in a twelve-month period and for a single duration of no more than thirty (30) days. -- Special events signs may include banners but shall not include any sign prohibited by these regulations, section 36-62(b). Special events signs shall not be ap- plied toward the maximum signage allowance speci- fied in each zone. (b) Prohibited signs. The following signs are specifically pro- hibited in all zones: (1) Animated signs, excluding barber pole signs that do not exceed three (3) feet in height and nine (9) inches in diame- ter and excluding time and temperature signs. (2) Balloons. (3) Hazardous signs. (4) Obsolete signs. (6) Portable signs including signs on wheels, trailers and truck beds and excluding those temporary signs expressly per- mitted herein. (6) Roof signs. (7) Search lights, (8) Spinners or other similar devices. (9) Swinging signs. (c) Signs permitted by zone (1) ID, R and OPDH zone regulations. a. Permitted signs. 1. Principal uses other than single-family dwellings and duplexes shall be permitted one identification facie or monument sign. 2. Nonresidential uses in the ID -ORP zone, other than ORP uses, and in the ID-RDP zone, other than RDP uses, shall be required to comply with the sign regulations of the CO -1 and CN -1 zones. Supp. No. 27 2632 i \i /; 3 t ..........<, r........ xv ...... .. ..Y. •. ZONING 126.62 3. Residential uses in the OPDH zone shall be per- mitted signage in aoeordance with the requirements Fr, of the underlying zone. Commercial uses approved as part of a planned development shall comply with the signage requirements of the CO -1 and CN -1 zones. 4. ORP uses in an DD -ORP zone shall be permitted signage in accordance with the requirements of the ORP zone. 5. RDP uses in an ID-RDP zone shall be permitted signage in accordance with the requirements of the RDP zone. J Supp, No. 27 2632.1' Sob ..................Jl.-.....................,.............r_....vnw........ SaS -� ZONING 136-62 _ b. Provisional signs. I. When two (2) or more uses are located on a lot, a common monument sign shall be permitted. The area of such sign shall not exceed a total of twenty. T four (24) square feet or twelve (12) square feet per sign face. 2. Barber pole signs, provided they do not exceed three (3) feet in length and nine (9) inches in diameter. 3. Time and temperature signs which do not exceed fifty (50) square feet in area or twenty-five (25) square feet per sign face, do not project more than six (6) feet into the public right-of-way, and are not less than ten (10) feet above grade. -.- c. Dimensional requirements. -_ - - 1. Uses in this zone shall be allowed a maximum building sign area per sign wall equal to fifteen (15) per cent of the sign wall on which the sign is located. 2. Individual signage allowances. a. Sign: Facia. Maximum area: Fifteen (15) per cent of the sign wall area. Maximum height None. b. Sign: Canopy. Maximum area: Twelve (12) square feet. - Maximum height- Top of first story. c. Sign: Awning. _ Maximum area: Twenty-five (25) per cent of the surface of the awning. Maximum height Top of first story. d. Sign: Window. Maximum area: Twenty-five (25) per cent of the area of the window. Maximum height None. Supp, No. 27 2639 I SaS MI�1t.lKti(atataat t\t �v.t5v\-taut\�(t�w�.w+v: Jr1'r�. V t\att'. �.+va�...4•.•.+N�r�. �rw• •v. xr.•...v�. A.v.v.ay.van•.•r t � 13682 IOWA CITY CODE (6) 1-1,1-2, ORP and RDP zone regulations. a. Permitted signs. —' I. Facia signs. 2. Only one of the following signs: a. Identification monument sign. b. Identification free-standing sign. . 3. Window signs. b. Provisional signs. - I. When two (2) or more uses are located on a lot, a common monument or free-standing sign may be erected. The maximum area of the common sign - may be fifty (60) per cent larger than the area of the maximum individual sign allowed. 2. In the I.1 and 1.2 zones, two (2) free-standing or monument signs are permitted provided that the distance between the two (2) signs is no less than one hundred fifty (150) feet as measured along the frontage of a single lot.. c. Dimensional requirements. 1. Uses in this zone shall be allowed a maximum building sign area per sign wall equal to fifteen (15) per cent of the sign wall on which the sign is to be located. 2. Individual signage allowances, •, a. Sign: Facia. ' Maximum area: Fifteen (15) per cent of the sign wall area. Maximum height: None. b. Sigs Monument. Maximum area: Two (2) square feet per lineal foot of lot frontage, not to exceed one hundred filly (150) square feet or seventy. five (75) square feet per sign face. Maximum height Five (5) feet. Supp. No. 27 2640 Sob %4 :4.aavvvt.v♦.v. v.......v<.v.cv...,.:....-+..v mr, o.........-..A................w...-....n ......y.v.....v....,...w i —� ZONING 936-63 C. Sign: Free-standing. Maximum area: One square foot per lineal foot of lot frontage not to exceed one hundred (100) square feet or fifty (50) square feet per sign face. Maximum height Twenty-five (25) feet. d. Sign: Window. Maximum area: Twenty-five (25) per cent of the area of the window where it is mounted. Maximum height None. (Ord. No. 85.3250, § 1, 8.27-85; Ord. No. 85.3253, § 1, 9.10-85; Ord. No. 85.3267, § 2, 12.17.85) Sao. 36-63. [Same—]Additional regulations. (a) Dimensional requirement& (1) Maximum sign area. For free-standing and monument signs, the individual signage allowance includes the total area of all sign faces associated with that sign and no sign face shall exceed one-half of the allowed sign area. For building signs, the maximum building sign area shall represent the total area of all building signs added together. The build. ing sign area may be divided up among any of the building signs permitted in the zone in which the use is located, provided that each individual sign does not exceed the maximum size limits established for that zone. The maxi. mum number of signs and the maximum sign areas, as provided herein, shall be applied on a per lot basis. (2) Sign wall area. Where size of a sign is regulated by the sign wall area, the sign wall area shall be the total area of the wall on which the sign is to be mounted. (3) Sign area determination. The area of each sign, regardless of shape, shall be computed by determining the area of a triangle, rectangle or circle which completely encloses the outer perimeter of the sign face, or which completely en. closes the whole group of characters or words in the case of Supp. No. 27 2641 j I Sog i 0 138-63 IOWA CITY CODE a sign composed of characters or words attached directly to j a building or an appurtenance to a building. When multi. ple sign faces are attached to a single support and lace the same direction, the faces and any area between them shall be viewed as one sign face and shall be measured from the extremities of the sign face. i (4) Sign height determination. The maximum height of a sign shall be the measurement from grade to the highest point on the sign. In the case where a minimum height is estab. lished, the minimum height shall be measured from grade to the lowest point on the sign. (5) Minimum sign height. A canopy sign or free-standing sign shall not be less than ten (10) feet above grade. (b) Locational requirements. (1) No billboard, canopy, free-standing or monument sign or sign support shall be located within a triangular area at street intersections, where the triangle is measured from the intersection of curb lines and its sides are seventy (70) feet in length along arterial streets, fifty (50) feet in length along collector streets, and thirty (30) feet in length along local streets, except that signs may project into this area at ten (10) or more feet above grade. (2) No part of a billboard, canopy, free-standing or monument sign or sign support shall be located within five (5) feet of any lot line except that signs may be closer than five (5) feet at ten (10) feet or more above grade, provided that no part of the sign or sign support overhangs any property lines. (3) No sign shall obstruct ingress to or egress from any door, window or fire escape. No sign shall be attached to a stand pipe or fire escape. (4) Building signs may be located on any building wall. How- ever, no single sign wall may be covered by more than fifteen (15) per cent. Supp. No. 27 2642 SOO tMWi:..<.e..l.......L...........e..�...e..: v.:.............._.do.-............. .«.............. �.n.......,.v.......w.. ZONING 13645 (b) Enclosures. Except as otherwise provided, fenced enclosures shall be provided for swimming pools with a depth of eighteen (18) inches or more and for dog runs and shall be subject to the following requirements: (1) An outdoor swimming pool, the edge of which is less than four (4) feet above grade, shall be completely enclosed by a fence not less than four (4) feet in height. The fence shall be so constructed as not to allow a five -inch diameter sphere to pass through the fence. A principal or an accessory building may be used as a part of such enclosure. (2) All gates or doors opening through an enclosure shall be equipped with a self-closing and self -latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any building which forms a part of the enclosure need not be so equipped. The building official may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute device or structure is not less than the protection afforded herein. (3) Dog runs shall be enclosed by a fence of sufficient height and construction to contain the dog at all times. (c) Barbed wire and electric fences. Barbed wire and electric fences shall be subject to the following requirements: (1) Barbed wire shall consist of twisted wires with barbs on each wire a minimum distance of four (4) inches apart. Concertina wire shall be prohibited. (2) Except for the enclosure of livestock operations, barbed wire fences shall be permitted only in a C,1, ORP or RDP zones, provided that the bottom strand of barbed wire shall not be less than six (6) feet above grade. (3) Except for the enclosure of livestock operations, electric fences shall not be permitted in any zone. (4) No electric fence shall carry a charge greater than twenty. five (25) milliamperes not a pulsating current lower than one-tenth (1/10) second in a one -second cycle. All electric Supp. No. 27 2649 %4 t '- 5 3665 IOWA CITY CODE fence charges shall carry the seal of an approved testing laboratory, (5) Barbed wire and electric fences shall be prohibited within five (5) feet of a public sidewalk or within four (4) feet of street right -of --way line where a public sidewalk does not exist. In the latter case, however, either fence may be erected or constructed along the righbof--way line if the Property owner agrees to move the fence back the required distance within two (2) months after the installation of a public sidewalk. Said agreement shall be processed with the application for a permit. (d) Permit required It shall be unlawful to erect or construct or cause to be erected or constructed any electric or barbed wire fence or any fence over six (6) feet in height without obtaining a Permit. All.applications for fence permits shall be submitted to the building official and shall be accompanied by a sketch or design of the proposed fence and a plot showing the location of the Proposed fence. Note: The provisions in section 36-65 are essentially the same as existed in the zoning ordinance prior to the adoption of this chapter. (Ord. No. 85.3267, § 2, 12.17.85) ARTICLE IV. GENERAL PROVISIONS DIVISION 1. DIMENSIONAL REQUIREMENTS Sec. 36-M. General. The following dimensional requirements shall be applicable in all zones or in the zones indicated. Sec. 36.67. General yard requirements. (a) In an R zone, lots platted after the adoption of this chapter and abutting a primary arterial street, as designated on the comprehensive plan map, shall have a front yard of forty (40) feet. Supp. No. 27 2650 E �I Sa8 ZONING 136-72 f. Parapet or fire walla extending not more than three (3) feet above the limiting height of the building. g. Poles, towers and other structures necessary for ea. sential services. h. Roof structures including elevator bulkheads, stairways, ventilating fans, cooling towers and -similar necessary mechanical and electrical appurtenances required to operate and maintain the building. i. Television antennae and similar apparatus. (2) In the C,1, ORP and RDP zones. a. Grain elevators. b. Radio and television communication towers. c. Stacks. d. Storage tanks and water towers. (b) In all zones, except the ORC zone, the maximum height in each zone may be increased, on the condition that for each foot of height increase above the maximum height limitation there is provided an additional two (2) feet of front, aide and rear yards and that an increase in height shall not conflict with the provi. sions of the Johnson County/Iowa City airport ioning ordinance. (Ord. No. 85-3267, 4 2, 12-17.85) Sec. 36.71. Reserved. DMSION 2. TREE REGULATIONS" Sec. 36.72. General. (a) Purpose, The purpose of these regulations shall be to assure that trees are planted and/or preserved with the development or redevelopment of buildings and parking areas for other than single-family uses and with the establishment. or conversion of uses, other than single-family uses, in accordance with the beat ecological concepts, environmental objectives and site planning principles so the well-being of the residents of the city is pro- tected and enhanced. (b) General applicability. No building permit shall be issued for the construction, reconstruction or structural alteration of a •Cross reference—Vegetation, Ch. 34. Supp. No. 27 2655 •�MMNaat vva.v.. n5 v r.5 v..v.vaq....w..».ti.,. u.....5..v 136.72 IOWA CITY CODE building and itsarea nor converted nor shall certificate of be be established occupancy uor se without conformity with the provisions of the tree egulat ons. However, the following _ shall be exempt from these regulations; (l) Property in the CB -10 and ID zones. (2) Property developed in accordance with the yard require. ments of the zone in such a manner that insufficient is available to area achieve compliance with the tree regula. tions; all trees which can be provided in compliance with the requirements of this division shall be provided. (3) Any individual lot occupied by a single-family dwelling except for townhouses. Refer to Chapter 34 of the Iowa City Municipal Code for other regulations pertaining to vegetation. (c) Recommended specieaojtreeaThe varieties oftrees permit, ted by this division for the use indicated are specified in the "List Of Recommended Topes for Iowa City" ae updated and from time to time amended and available as a supplement to and made a r Pad of the tree regulations, The "List of Recommended Trees for Iowa City" may be obtained from this ofrce of the city forester or the department Of ng and program I "List on development. Trees not becused to fulfill the City" y" me requirements of tded his visrees ion upon of the city forester. Po approval (d) fnatallaUI)IL All tree Planting required by this section shall be installed prior to occupancy or commencement of a use. If the Plantings cannot be installed prior to ment occupancy or commence. of a use, the building official may issue a temporary Cate of occupancy certifi. accompanied by a letter of violation and grant a delay of tree installation until the seasonal calendar dates of June 1 or November 1, whichever occurs first owner shall place in an e , and the property scrow• account, established with the city, an amount which shall cover the anticipated costs of plantings. (e) Planting sizes The following specifications shall be met at the time of planting; (1) Large deciduous trees. This type of tree shall have - mini. mum truck diameter of one and five SOPA No. 27 -tenths (1.6) inches at a 2666 \ Ji WN V 0 ZONING 136.76 (b) Existing uses Existing commercial and industrial uses which ate not in compliance with the performance standards contained in this division are exempt except where a use did not comply with performance standards in effect prior to the adoption of this chapter (see section 36.79(b)). Conditions which do not comply j shall not be increased in scope or magnitude. Such uses shall be permitted to be enlarged or altered provided that the addition or change conforms with the applicable performance standards. (c) Certification. When necessary, the building official may re- quire of the applicant certification by a registered professional engineer or other qualified person, at the expense of the appli- cant, that the performance standards for a proposed use can be met. Sec. 36-76. Requirements. (a) Smoke The emission of smoke from any operation or activ- ity shall not exceed a density or equivalent opacity permitted below. For the purpose of grading the density or equivalent,opac- ity of smoke, the Ringelmann Chart as published by the United States Bureau of Mines shall be used. (1) In all C zones and in the ORP and RDP zones, the emission beyond lot lines of smoke darker in shade than Ringelmann No. 1 from any chimney, stack, vent, opening or combus. tion process is prohibited. (2) In the I zones, the emission of smoke darker in shade than Ringelmann No. 2 from any chimney, stack, vent, opening or combustion process beyond zone boundary lines is pro- hibited except that the emission of smoke of a shade not to exceed Ringelmann No. 3 is permitted for not more than three (3) minutes total in any one eight-hour period when starting or cleaning a fire. (b) Particulate matter. No person shall operate or cause to be operated any process or furnace or combustion device for the burning of coal or other natural or synthetic fuels without using approved equipment, methods or devices to reduce the quantity of gasborne or airborne solids or fumes emitted into the open air exceeding a rate permitted below at the temperature of five hun. mvp. No. 27 2664.1 SO g I �N\atacv(:\ a, \a \'.\a : \::c::\a�\M+/.i.nnrH}: rri'• a\.1 196.76 IOWA CITY CODE dred (600) degrees Fahrenheit. For the purpose of determining " the adequacy of such devices, these conditions shall apply when the percentage of excess air in the stack does not exceed fifty (50) per cent at full load. The foregoing requirement shall be mea. sured by the A.S.M.E. Teat Code for dust -separating apparatus. All other forms of dust, dirt and fly ash shall be completely eliminated insofar as escape or emission into the open air is concerned. (1) In all C zones and in the ORP and RDP zones, the emission of particulate matter suspended in air shall not exceed 0.35 grains (.0023 ounces) per standard cubic foot (70 de- grees Fahrenheit and 14.7 psia) of air during any one-hour period or a total from all vents and stacks of one-half (S4) pound per hour per acre of lot area during any one-hour period. (2) In the 1 zones, the emission of particulate matter suspended in air shall not exceed 0.35 grains (.0023 ounces) per stan- dard cubic foot (70 degrees Fahrenheit and 14.7 psia) of air during any one-hour period or a total from all vents and stacks of three (3) pounds per hour per acre of lot area during any one-hour period. (c) Reserved (d) Toxic matter. The release of airborne toxic matter from any operation or activity &II not exceed the fractional quantities permitted below'of the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists. If a toxic substance is not listed, verification that the proposed level of toxic matter will be safe and not detrimental to the public health or injurious to plant and animal life will be required. The measurement of toxic matter shall be on the average of any twenty -four-hour sampling period. (1) In all C zones and in the ORP and RDP zones, the release beyond lot lines of airborne toxic matter shall not exceed one-eighth (%) of the threshold limit values. (2) In the I zones, the release of airborne toxic matter shall not exceed one-eighth (1/8) of the threshold limit values beyond zone boundary lines. Supp. No. 27 2664.2 so g c F ZONING 136-76 (e) Odor. The emission of offensive odorous matter from any operation or activity shall not exceed the odor threshold concen- tration defined in the American Society for Testing and Materi- als Method D1391.57 "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)' as the level which will just evoke a response in the human olfactory system when measured as set forth below. (1) In all ID and C zones, and in the ORP and RDP zones, when measured beyond lot lines at ground level or habit- able elevation, odorous matter shall not exceed the odor threshold concentration. (2) In the I zones, odorous matter shall not exceed the odor threshold concentration beyond zone boundary lines at ground level or habitable elevation. (f) Vibration. Earthborne vibrations from any operation or ac. tivity shall not exceed the displacement values below. Vibration displacements shall be measured with an instrument capable of simultaneously measuring in three (3) mutually perpendicular directions. The maximum vector resultant shall be less than the vibration displacement permitted. The maximum displacements shall be determined by the fol- lowing formula: D _ K f where D = displacement in inches K = a constant given in table below f = the frequency of the vibration transmitted through the ground in cycles per second f I Naapc�.aaa t......avvv.avl�..w.4.w�.v: 136-76 IOWA C1TY CODE CnnslanI K by TyPe of Vibration lmpulsioe (at least one sewnd rest between pal. IXSSlhanB Zone and place of ses which do not measurementexceed ane sec, Pulses Per Continuous and duration 24-hour C zones and OPR 0.003 ) Period and RDPzones: At 0.006 0.015 lot lines I zones: S* At zone bound- 0.030 ary lines 0.060 0.150 b• At R zone, rec. 0.003 reational area 0.006 0.016 or school boundary lines (g) Glare Glare or light from any operation and all lightingfor Parking areas or for the external illumination of buildings or grounds shall be directed or located in a manner such that direct or indirect illumination from the source of light shall not exceed one and one-half (1%) footcandles at lot lines in zone where a residential use is located. an Y R zone or C (h) Sewage wastes The following standards shall apply to sew• age wastes at the point of discharge into the public sewer. ' (1) Acidity or alkalinity shall be neutralized within pff range from six (6.0) to ten Point five (10.6). (2) Wastes shell contain no cyanides; no chlorinated solvents in excess of excess (.1) pprn. no sulphur dioxide or tratea in excess of ten (10)PPM; no chromates a twent . n�' twenty.rive (26) PPm; no chlorine in excess of fifteen (16) pPm. no phenols in excess of five one -hundredths than (.05) pP7n, There shell be no more than t . Ppm of petroleum oil, more to cutting Y five (25) ucts of mineral oil origin or any combination th oils or prod. 3uPP. No. 27 hereof There 2666 S-0 F z s TONING 136-76 shall be no oil and grease of animal or vegetable origin in excess of three hundred (300) ppm. No waste listed in this section shall contain any insoluble substances exceeding a daily average of five hundred (500) ppm (if exceeded, the city may apply a cost surcharge) or failing to pass a No. 8 standard sieve or having a dimension greater than one- half (1/2) inch. Cron referenceewer standards for industrial waste control, 4 3371 el seq. (i) Storage. (1) The open storage of materials and equipment shall not be permitted in any zone except the I.1 and I.2 zones provided that the following requirements are met: - a. Storage of materials and equipment shall be completely screened from view as required in subsection 0) below. b. All combustible material shall be stored in such a way as to include, where necessary, access drives to permit free access of fire fighting equipment. (2) The hulk storage of flammable liquids and chemicals, when stored either in underground or aboveground tanks, shall .�� occur no closer to the lot line or any principal building than the distance indicated by the following table: Minimum Separation Distances Water Capacity Underground Aboveground Per Container Containers Containers (gallons) Less than 125 10 feet None 125 to 250 10 feet 10 feet 251 to 500 10 feet 10 feet 501 to 2,000 25 feet 25 feet 2,001 to 30,000 50 feet 50 feet 30,001 to 70,000 50 feet 75 feet 70,001 to 90,000 50 feet 100 feet The distance may be reduced to not less than ten (10) feet for a single container of one thousand two hundred (1,200) gallons' water capacity or less, provided such a container is at least twenty-five (25) feet from any other container of Supp. No. 27 2667 Sdd A w. ti.....< ............... 136-76 IOWA CITY CODE more than one hundred twenty-five (125) gallons' water capacity. (j) Screening. Where a lot occupied by a commercial or indus- trial use abuts or is across a street, highway, alley, or railroad right-of-way from an R or ORP zone, a school, or a recreational area including a park, playground or the Iowa River, screening shall be preserved, planted or constructed and maintained by the • owner of the commercial or industrial use in accordance with the f provision set forth below. In the instance where a lot occupied by a manufactured housing use, located in an RMH zone, abuts or is across the street from an RR -1 or RS -5 zone, screening, in actor dance with the provision set forth below, shall also be provided by the owner of the manufactured housing use. (1) Location. a. Except for a use in an ORP or RDP zone, screening shall be provided along lot lines or street right-of-way in a manner sufficient to effectively obscure the com- mercial or industrial use from view at ground level within the lot lines of a residential or ORP zone, or school, abutting or located across the street from said ( ) commercial or industrial use. �./ b. In an ORP or RDP zone where parking is located within sixty (60) feet of an R, ORP or ID zone bounda- ry, screening shall be provided in a location and man - nor sufficient to effectively obscure all off-street park- ing and loading, storage, or other such areas of activity from view within the lot lines of the residential zone or school. c. In an RMH zone, screening shall be provided along lot lines or street right-of-way in a manner sufficient to effectively obscure the manufactured housing use from view within the lot lines of residential development in . an RR -1 or RS -5 zone. d. In all instances where street right-of-way, which acts to separate the lots on which said uses are located, is one hundred (100) feet or wider, screening shall not be required. Supp. No. 27 ' 2668 54g V T 0 �Haa<CV�a�a�to�aavl ZONING 4 36.76 (2) Screening materials. a. A planting screen of pyramidal arbor vitae, the plant- ings being at least three (3) feet high when planted and spaced four (4) feet on center, may be used. Other evergreen varieties may be used if approved by and spaced according to the city forester. The planting bed shall have a minimum dimension of five (5) feet, be free of any impervious surface, and be separated from streets, drives and parking areas by an unmountable curb or barrier in such a manner that sand and salt. water runoff will not damage the screening. b. Where a planting screen cannot be expected to thrive because of intense shade, soil or other conditions, a solid fence of durable construction, an earthen berm covered with grass or low shrubs and/or other accept. able materials which provide maximum visual obscu- rity to a height of six (6) feet at maturity may be used if approved by the city forester. (3) Time of installation. a. If a lot proposed for a commercial or industrial use if located adjacent to or opposite an existing residential use or subdivision in an R zone, or a school, screening as required herein shall be installed prior to occupancy or commencement of a use. The city forester may grant a delay to the seasonal calendar dates of June 1 or November 1, whichever comes first. Similarly, if a lot or space intended for the placement of a manufactured housing use is located adjacent to, or across the street from an existing residential development in an RR -1 or RS -5 zone, the owner of the manufactured housing use shall provide screening as described herein. b. If "a" above is not the case, screening need not be provided until within six (6) months after a building Permit is issued for a residential use or a school in an R zone, a final plat of a residential subdivision is approved, or a recreational area is available for use on adjacent or opposite land. Supp. No. 27 2669 Sa � Nvalata�.aa at♦ I 13676 IOWA CITY CODE (4) Exceptions. a• Whererm will proposedorexistingco use is mercialorindustrial recreational located adjacent to or opposite a city onal arree a, granting of a special exception froscreening may be waived upon the m the board of ad. justment for the following reasons: If 1• theadequate recreational or or Proposedlandscapingwithin 2. If the nature of a use and the lbuildl be inovided. by the use are not objectionable to the s) occupied the recreational area. Purpose of b• the may be waived by the building official re whe the view is or will be blocked by a change in gr by the natural or man-made features as determiade re ned by or the building official. (5) Maintenance. The owner shall keep all screening properly maintained, free of trash and litter and all plant materials Pruned in such a manner as to provide effective visual obscurity from the ground to a height of at least six (6)feet. (Ord. No. 85.3267, § 2,12.17-85) Sec. 36.77. Reserved. DIVISION 4. NONCONFORMITIES Sec. 36.78. Intent. It is the intent of this chapter to regulate nonconformin and structures because they have been found to be incompatible with permitted Buses er,with sin le• uses and structures in the zone involved. Howev. B family uses shall not generally be treated as noncon. forming uses. NoncoMonni vent an ing buildings shall be regulated to pre ncrease in the degree of nonconformity. e The lawful uss If any building or land existing on the effective date of the chapter may continue although such u or land does not conform With the Provisions of this chapter. SaPP• No, 27 2670 0 C 3 ZONING 4 3687 Sec. 36-86. Building and occupancy certificates. (a) No building or construction may be undertaken in the city until a building permit has been issued by the city manager or his/her designee for such building or construction. (b) No change in the use or occupancy of land, nor any change of use or occupancy in an existing building, other than for single. family dwelling purposes, shall be made, nor shall any new build. ing be occupied until a certificate of occupancy has been issued by the city manager or his/her designee. If a building permit has not been issued prior to the adoption of this chapter, every certificate of occupancy shall state that the new occupancy complies with all provisions of this chapter. No permit for excavation for, or the erection or alteration of, any building shall be issued before an application has been made for a certificate of occupancy and compliance, and no building or premises shall be occupied until such certificate and permit is issued. A record of all certificates of occupancy shall be kept on file in the office of the city manager or his/her designee. (c) A certificate of occupancy may be obtained for nonconform. ing uses. Application for certificate of occupancy for nonconform. �--� ing uses shall be accompanied by affidavits of proof that such nonconforming use was not established in violation of the zoning ordinance atter July 26, 1962, and before the adoption of this chapter. (d) The building official may issue a temporary certificate of occupancy when a delay in the planting of trees is warranted, as Provided in section 36.72(d), or a delay in paving of parking and stacking spaces, drives or aisles is warranted, as provided in section 36.58(b)(7). (Ord. No. 85.3260, G 2B, 11.19.85) Sec. 36.87. Rules of construction for boundaries of zones. (a) Where uncertainty exists with respect to the boundaries of various zones as shown on the zoning map accompanying and made a part of this chapter, the following rules apply: (1) The boundaries of the zones are the center lines of either streets or alleys unless otherwise shown, and where the _. Supp. No. 27 2675 198.87 IOWA CITY CODE zones designated on the map accompanying and made a Part of this chapter are bounded approximately by street or alley linea, the center linea of such street or alley shall be construed to be the boundary of the zone. (2) Where the boundaries of the zone are not otherwise indi. cated, and where the property has been or may hereafter be divided into blocks and Iota, the boundaries of the zone shall be construed to be the lot lines and where the zones designated on the zoning map accompanying and made a Part of this chapter are bounded approximately by lot lines, the lot lines shall be construed to be the boundaries of the zones unless the boundaries are otherwise indicated on the map. (3) In separate tracts not subdivided and in unsubdivided prop• erty, the zoning boundary lines on the map accompanying and made a part of this chapter shall be determined by use of the scale appearing on the map. (b) In interpreting and applying the provisions of this chapter, such provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, com- fort, morals, prosperity and general welfare. It is not intended by C this chapter to interfere with or abrogate or annul any ease- ments, covenants or other agreements between parties, except shall control. that if this chapter imposes a greater restriction this chapter Editor's note—Tho zoning map has not been reproduced in the Code; It may be !ound on file in the city clerk's office and in also available from the department )f planning and program development. Sec. 36.88. Amendment of ordinance. (a) The city council may from time to time, on its own motion ,r on petition, amend; supplement, change, modify or repeal by rdinance the boundaries of zones, or regulations, or restrictions erein established. Any proposed amendment, supplement, change, lodification or repeal shall first be submitted to the commission tr its recommendations and report. If the commission makes no :port within forty-five (46) days, it shall be considered to have _.rade a report approving the proposed amendment, supplement, Supp. No. 27 2676 [4 0 t 11\v<tvv{vvv.t vivv\ly\a...... \+.w.v..M•x.. tv. I STATUTORY REFERENCE TABLE This table shows the location with this Code, either in the Leri or notes follow. ing the text of references to the elate law or related matters. I.C.A. Section LCA. Section Section this Code Section this Code 4.1 1.2 321.302 23.161 4.1(1) 15 321.304 23-162 17A.19 1844 321.306 23.125 Ch. 48 10.1 321.307 23-138 Ch. 66 Ch. 10, Art. 11(note) 321.311 23.200 Ch. 104A 18.32 321.314-321.318 23132 Ch. 123 6500 321.319 23165 123.1 Ch. 5 (note) 321.320 23166 123.32(2) Ch. 6 (note) 321.321 23163 123.39 Ch. 5(note) 321.322 23-161, 23-164 123.49(2) 638 321.324 23169 Ch. 135C 364(0(3) 321.326 23217 135.D.1 Ch. 22 (note) 321.327 23.212 125D.26 364(m)(1) 321.328 23.218 Ch. 162 7.58 321.329 23.216 Ch. 237 364(0(3) 321.331 23220 321.1 Ch, 23 (note) 321.332 23.221 231 321.341 23131 321.98 2399 321.346 23162 321.174 321.353 23167, 23.168 321.229 2319 321.366 23235 321.230 232 321.362 23.121 321.231 23.123 321.363 23.136 321.232 23.123 321.365 23122 321.234 23.2 321.367 23.133 Ch. 23, Art. TV (note) 321.368 23134 321.236 Ch, 23 (nota) 321.371 23140 Ch. 23, Art. N (note) 321.384 23-82 321,236(7) Ch. 35 (note) 321.448 23190 321.255 2330 Ch, 321G 24.4.3 321.268 23.29 Ch. 329 4.71,4-80 321.257 2334 329.5 4-82 321.259 23.36 329.9 4.77 321,260 2336 329.11,329.12 4.78 321.264 2350 329.13 4-81 321.266 2348 Ch. 330 Ch. 4 (note), 4.20 321.268 2349 331.333 23.222 321,277 23139 351.1 Ch.7 (note) 321.285 23188 Ch. 351A 7.38 321.297 23.124 362.3 32.158 321.299 23151 364.12(2) Ch. 31 (note) Supp. No. 27 2913 I Sa S %4 f ' Section LC.A. this Code t I Ch. 31, Art, V. Div.3 (note) . .......... .... ........ .....................w.........n.........-.......r'. I.C.A. Section 364.12(21b) 364.120b) 364.12(2Xd) 372.9 372.13(3) 376.2 380.8 380.10 Ch. 384 384.40 384.63 388.1 392.5 382.7 Ch. 397 403.12(lyh) 409.1 409.11 409.14 Ch. 414 414.4 414.6 414.15 Ch. 419 Ch. 422A 427A.1 Ch. 499A Ch. 499B Ch. 524 Ch. 533 Ch, 534 Ch. 536 Ch. 536A Ch. 554, Art. 7 Ch. 601A 601A•1 601A.17 SaPP• No. 27 1O1VA CITY CODE Section LC.A. this Code Section Ch. 31, Art, V. Div.3 (note) 657.1 Ch. 31, qrt. y, Div.3 (note) 657.2 31.111 755.11 Charter (note) Ch. 2, Art, DI, Div. b (note) 2.19 1.1 6.16 8-104 8.161 Ch. 33 (note) Ch. 20, Art. II (note) Ch. 27, Art. D (note) 14-2.14-28 8.1 Ch. 32 (note) Ch. 32 (nota32.40 I sn.. 32.1-32(c) 18.37(c) Ch. 18 (,oto) Ch. 18 (nota) 2914 Section this Code Ch. 24, Art. VI (note), 24101 24101 29.1 Me next Page le 2935) Sa 8 c0 ' CODE COMPABATME TABLE Ord. No. AdPL DWBeoU on BeSK-don36 this Code V20 1.1546 2U) 1548 _ 865221 1.15.35 2(3) 2 1542(a 365222 1.42,86 23.189 865223 1.2945 2 32.151-32.148 8.161 .. 2 (I) 8.162(401(x(28 311) 8-162(Table Vis) 3(s) &lex5oua,(xaaN - 9(x 8.162(60.9(x(29 - 3(6) 3.162(819 (d9 - 86-= 9.1245 &5) 1 B-187 665229&1246 36.60-3641 2 BWd 11.1-11.12, .. 11.24—u•27, . MU -1149 3 3.101—&112, 8.124-4M7, . 854292 4.9.868.138—&164 2 855293 5. 7.85 2 1844 8542 5.1446 2 4.90-4-98 8542 &21-86 2 31.10 85'9 62146 3 23.189 . 863297 5.2145 2 23-161 911.21.21 —3148, .. 855239 6, 4.85 2 3146-91.47 96.1-3&16, .. - 36-17-98.23, 36-25, . 36.27,36.28, 96.90-9&37, . 3644-38.47, r - -. 3843-36.70, 36-72,36-73, 36-75, 36-76, 9&78-3842, 8552498.1846 3684-3&91 2 243(e), 86.3244 6.2645 .2A 248 96.18, 35.19, . 95.24, 36-28,35-29, Ilp 9631, 3533 1 86.3246 7.1635 2B 1(1) 3537-3540 f Supp, No, 27 24.101(13) 2966 � I SOO •lI•'v..:a.w..<aa.R...vt....a:...aa.a. «......».a ..-.,w.........�..nvn,.•.w.. n Sa8 IOWA CITY CODE Ord. No.Section Adpt. Data Section this Code 85.32467.18.85 853247 85.3248 8532498.13,05 85.32502(B) 7-3035 730,85 8.27.85 I(2)-(5) 2(e) 2 2(A) 2 24.102-24.105 24.107 31.11 4.1 832 36.31(c) 36.32(d) 3632(cX2)c2e, (31c2a, (4X2a, (5)c2a, 853251 8-27352 (6)c2a 26.18 853252 853253 9.103526.23 9-1035 1 1 364(d)(12),(13) 36.61(dXl) 95-3254 8532559.1735 9.17.85 1 I(A) 3632(a)(2)b 3647(b) -(d), O,I, (i), Rpld 1(B) . Rnbd N, (9) 36.47(c) -4c) 85-3257 9.2435 1,2 3 24-141 ,, 24.1 14( 24.142 24.144 4 24-143 5 24.146 85.325910.2236 95-3260 - - 8532612B 11.1935 11.1935 2 2A 2A 24.145 254(°) 36.69(bX7) 36.86 32.1-31 32.1.33 8542632B 85.3284 12. 335 12.335 2 2A Rpld 32.1.32(d)-(0 1565 24.83(0-(k) 85.32652B 853266 12. 3.85 12.173 5 Added Rpld 1 2 2433(1)-q) 24.04 220 3.17(G)(IO) 85-3267 12.17353658(0210.1 2 365(a) (c)(4.i)(s1 36.24 3656(e) Sapp No. 27 2966 l Sa8 CODE COMPARATIVE TABLE Ord. No. Adpl. Date Section Ss Con this Codc 3658(dX2)b 3562(oX21jl, (cXl)a2,5,(6) 36.6502) 36.7D(nX2) 36.76(aM, MD. (dXD, (eXI ), (O, 85x268 12.1785 1 QXI)a,b 853270 2785 12.1785 2 23-255(b), (c) Supp. No. 27 [Tho next page is 2971) 2967 ,ko H, 4taJ.t.a.ta..aa\.\a.i.a.<aw.w..w..�•: r!� CODE INDEX INTERSECTIONS Section Parking in specified places prohibited 28.286 at meq. Traffic. See that title INTOXICANTS Alcoholic beverage regulations 8-1 at seq. Alcoholic beverages. See that title Drinking in public 24-81 Iowa River regulations 24.78 at seq. Iowa River. See that title IOWA CITY, CITY OF. See; City IOWA -ILLINOIS GAS AND ELECTRIC COMPANY Electrical .franchise 14-1 et seq. Gas franchise 14.27 at meq. Franchises. See that title - IOWA RIVER Activities prohibited 24-88 Authorized emergency vessels 24-89 Boat liverles 26-81 Buoys, regulations for ...... 24-87 Classification and required equipment for vessels — 24-80 Collisions, accidents, casualties 24-78 Definitions 2478 Drugs, medicines, alcohol, barbiturates, etc. Prohiibted activities 2489 Flashing blue lights, blue lights, etc., on vessels Prohibited activities 24-88 Ice, driving over _ 2488 Marijuana, garbage, rubbish, littering, etc. Prohibited activities 24.89 Muffling devices for engines Y4.62 Swimming, boating, drinking, etc. Prohibited activities 24-88 Vessels Overloading 24-85 Right-of-way rules 24.86 Waterskis, surfboards, similar devices Vessels towing persons on 24.88 Zoning for ORC—River corridor overlay zone .....__......___,,, 3844 et seq. Zoning. See that title IOWA, STATE. See: State ITINERANT MERCHANTS Peddlers' regulations _ 20.1 at seq. Peddlers, canvassers and solicitors. See that title Supp. No. 27 8021 t Q N(atf ..v a..ti.a..a.......a.....w,......:.ro.......... ......... ....................+..........�...,. %4 IOWA CITY CODE J JAIL. See: Prisons and Prisoners JOHNSON COUNTY. See: County Section .or JOINT AUTHORITY Construed JUNK DEALERS AND PAWNBROKERS _-- 1-2 Definitions ._ Hours regulated 19.1 .. .. Licenses 19 -ti ' Fees --- Issuance -- 19.18 Required ._ 19.19 - Minors, purchases from19.17 Prohibited actions and restrictions 19.3 Junk dealer, �_ Pawnbrokers """'----- 19.4 Records required� 19.6 JUVENILES. See:Minora .19.2 K KENNELS .. Pet animal regulations Animal, and nd fo fowl. Seo that Utl— �—�-----""-'" 7d7 at seq. � KITCHENS AND DINING ROOMS Communal kitchens and dining rooms in rental units, .. requirement, _._„_,,,_ HouRI'1g. See that _title ------_--_...__......'.._.""_'- 17.6(1), 0) .... KNIVES Concealed weapons, carrying Firearms and weapons. Sea that title 24.66 • - KNUCKLES OF LEAD, BRASS, ETC, t - Concealed weapons, carrying Firearms and weapon,. Seo that title24-66 L LABOR RELATIONS Human rights provisions _ LAKES AND FOUNTAINS 18.1 et eeq. Throwing. litter in —'-`----- LAND, REAL ESTATE 16.86 Construed - Supp. No. 27 1.2 3022 i _.___ sa00 CODE INDEX MANUF'ACTURF11 HOUSING PARKS—Cont'd, Parking ......................................... Section Palin ...................... 223Hg1 Permanentruc.t.u.r..e..a. i1 c..i..l.i.t..i....s.... 2222.2244(f) Recrelighting.e..n..d.. ation spaa 223401 space ......................... Refuse garbage handling 2234(d) ........................ Requirements generally ............................ 2237 .fa. Sidewalks 2234 ............................................. ................ Spam requirements ...... Streets, specific requirements le. 2234(h) 2234(c) ..................... Utilities 2236 ......................................... Purpose 22-M ........................................... Tiedowris in rental housing, 1 22.22.1(ml requirements ............... Housing, See that title MANURE DISPOSAL Pet animal prohibitions s nd requirements ............ Animals and fowl. See that title 7-19et rq. MAPS. See: Surveys, Maps and Plats MARITAL STATUS DISCRIMINATION Human rights provisions .......................... 18.1 at seq. MAY (last Monday of) Computation of time re ........................... 1.2 MAY, SHALL Defined ...........................:. MAYOR Absence or inability .................................. Administrative code 242 ................................. Administrative code. See that title 2.180 at eeq. Chiefcity representative .............................. Compensation...................................... 2-08 Review of, when ................................... 2-04 Contracts, purchasing, etc. 243 Powers to ........................... ............ Moyer pro tem ...................................... 246 Powers 2.42 .................................... rights Voting rights ....................................... 2-06 Council meetings and procedures, See: City Council 2.13 MEAT AND MEAT PRODUCTS Poison meat exposed to animals .... . ................... Animals and fowl. See that title 7.3 MECHANICALCODE Adopted ........................................... Amendments ....................................... 844 Supp. No. 27 846 3027 I i I sit %4 11 r✓�%+k.4:aaa oa.a.aa.'..as.b... aa.<a......,....wsar.,. ................s................«...........-........rw.....w•.......• 10NA CITY CODE MECHANICAL CODE—Contd. Conflicts in provisions ......... , , hfinimum requirements Section ,, MEDICINES. See: Drugs• . ........ • • • .' ..... and Medicines inee 8847 .47 j MEETINGS I Smoking prohibited in public meetings ... , Smoking, See ' also that title •.•••"......• Unlawful assemblies 245 .. Assemblies. So' that.li.d.o . • • • • • • """...... • • • . 24.2 i ME NAGERIES Circuses, carnivals, menageries, etc....... • Circuses, cor,iivoia, menageries, etc. See that, t•itle"•""•^• METALLIC KNUCKLES 6.16 at seq. Concealed weapons, carrying .................. Firearms and weapons. See thatLille 24.66 MIND READERS j Fortune-tellers, palmists and simil¢rpmetitionere . j Fortune-tellers, .....,,, palmists and similar practitioners, See (hal title 21-17 et ecq, MINORITY RELATIONS Human rights Provisiona ............. . MINORS (Juveniles, children, infanta, etc.) • • • • • • • • • • • • .. Alcoholicbeverage j 18.1 at seq. (\^, regulations ......, Alcoholic beverageson,. See that Lille • • •" • •"' • • • Curfew tthat 6.1 elseq, v � Curfew. Curfew. See ................................ tido Do for minors in conn concoct' 24.32 et seq. Alcoholic bevcr¢ ea. with business..,,,,••,. Iowa River rc 8 See olio that title 6mlations 6.7 Of seq. Iowa „ River. See that titlo.•••••"' • • • • • - Junk dealersand 24.78 at acq. awrchasing Junk dealers and from Pawnbrokers. sea that title • ..... •... MISCELLANEOUS PROVISIONS. 19.3 See: loneous Provisions Offenses and Mixcl• MISDEMEANOR Construed ......................................... 1-2 Supp No. 27 3028 Sa CODEINDEX OFFICERS AND EMPLOYEES-Cont'd. Section Personnel practices Boards and commissions services ....................... 2.102 .r" .. Establishments ..................................... 2.87 Notice ............................................ 2.88 Plumbing inspector ................................... 8.173 -, Police chief ...................................... .. 29.18 Police department. See that title - Weed official ......................................... 34.71 at seq. Weed central. See: Weed and Brush - - OFFICIAL DEAD OF CITY . Mayoras ............................................ 248'. - OFFSIREEP PARKING Zoning requirements .................................. 36.1 at seq. ,... ,_ .. Zoning. See that title OPEN FIRES Prohibited activities in parks, etc ........................ 25.1 Parke and recreation. See that title -. ORDERTAKERS Peddlers'regulalions.................................. 26.1 at seq. Peddlers, canvassers and solicitors. See that title ORDERS AND NOTICES Administrative code ................................... 2.180 et seq. Administrative code. See that title ORDINANCES. Ser. Code of Ordinances ORGANIZATIONS - Group activities in parks .............. 6................ 2548 at seq. Parks and recreation. See that title OUTDOOR ADVERTISING Billpeaters,billposting and distribution ................... 3.16 et mg. Advertising. See that title OUTDOOR ADVERTISING SIGNS Zoning requirements ................................ 38.1 at mg. Zoning. See that title . OUTDOOR FIRES Prohibited activities In parka, etc ..................... 26.1 Parke and recreation. See that title OVERGROWTH. See: Weeds and Brush Supp. No. 27 9033 1 IOWA CITY CODE P PAINTS Lead-based paint, use in rental housing _...__........_............ Housing. See that title PALMISTRY Fortune-tellers, patmista and similar practitioner _ Fortune-tellers, palmists and similar practitioners. See that title PAPER DRIVES Regulations for newsprint collection PARADES AND PROCESSIONS Defined Street& and sidewalks. See that title Group activities in parks _ Parke and recreation. See that title Use permits for use of public ways PARKING Nuisance abatement regulations Nuisances. See that title Prohibited activitir in pub, eta Parka and recreation. See that title Traffic regulations in general. See; Traffic Zoning requirements Zoning. See that title PARKING METERS Tying animals PARKS AND RECREATION Actions prohibited in parka and playgrounds Administrative service departments Boat rental, Iowa River. See that title Commission Advisory groups _ Appointment Compensation Duties Established Qualifications Staff assistance and information Terms of office Departmont Director Divisions Supp. No. 27 3054 Section 17.6(h) 21-17 at seq, 16.11 8.1 26.48etseq. 81-184 at seq. 24-101 at seq. 26-1 361 at seq. C 7.20(x) 26.1 2.1 at seq. 26-8 26.21 26-17 26.17 26.20 26.16 26.17 26.10 26.18 26.81 26.36 Sa8' ,! 1 CODEINDEX PARKS AND RECREATION—Cont'd. Section Established 26 SS Functions, assignment ._.__. _ --- 26.36 Group activities; use by groups Definitions — 26-48 Permits Applications, documents to aceompany, etc _ 26-60 Grant or denial 26.63 Appeal from .. 26-64 Insurance and bond requirements 26.62 Required 26.40 Standards for issuance 26.61 Revocation 26.66 Iowa River regulations 24.785[ seq. Iowa River. See that title Litter thrown in 16.86 Manufactured housing parks Recreation spacetopen space -.-____..._...._ 22.34(d) Owner of vehicle, prima facie responsible for violations __.... 26.6 Permits Group activities; use by groups. See hereinabove that subject Permit fees, etc., with application for reservation __ 26-4 Reservation _.._ 2y-4 Senior center commission ----_____._____.._.________ 26-60etseq. Senior center commission. See that title Shelter house, building, recreation area, etc. Applications for reservations, etc. 26.4 Tralficand parking regulations ......_.____.�. 255.2 Traffic in general. See: Traffic Vehicles Owner prima facie responsible for violations by ...... _..... __..... 26.6 PARKWAYS Excavation requirements . . ...................... _.... ... _.................... _ 31-21 et seq. Excavations. See that title Tree and forestry regulations ............... „____......_.__.•• 34.16 et seq, Forestry. See that title PARLIAMENTARY RULES Robert's mise of order to govern council sessions._.... 2-23 PARTNERSHIPS Person construed re ............ _.......... ....... ................... _..._..... 1.2 PAVEMENT Excavation requirements _ ...... ....... ....... ... _.............. ___._... 31.21 et seq. Excavations. See that title PAWNBROKERS. See: Junk Dealers and Pawnbrokers Supp. No, 27 1 3036 1 IOWA CITY CODE i PEDDLERS, CANVASSERS AND SOLICITORS\- DefinitionsFal .lent.....sentationa Section ................... fraudulent repreeantatioae 26.1 ,. �.. .................. Licenses Licenses 26-2 Applications .................................... Bond ................. 2G.17 sees......... Carrying and exhibiting upon request 20.19 sees......... Denial, 26.22 appeal .....................sees......... Exemptions.................................... 26.18 Issuance .................. 26-26 ................sees.. Renewalster, keeping ........sees.. 2G-20 ................. Renewal ........................................ 26-20 Required 26-26 ..................................'..... Revocation; emergency orders; hearing . 26-16 ................ Scope ........................... 26.23 ...:.... 26-21 Term, duration ........................:......... Transferability ................... 26.21 NOW regulated; specific activities prohibited 26.21 ............. Violations, penalty ................................ 24.44(a) 20.3 PENALTIES. See: Fines, Forfeitures and Penalties PENMANSHIP Written, in writing, CLC., construed re .............. 1.2 PENSIONS Ordinances saved from repeal, other provisions not included herein. Seo the preliminary pages and the adopting ordinance of this code PERMITS See: Licenses and Permits PERSONAL PROPERTY Defined ......................................... . Property In general, See: Property 1.2 PERSONNEL. See: Officers and Employees PERSONS Defined .......................................... 1.2 PEST CONTROL Housing standards re pest extermination .....::..... Housing. See that title Nuisance provisions re trees or shrubs harboring in. sects or disease pests ., 24.101(11) PHOTOGRAPH ORDER TAKERS Peddlers' regulations .............................. Peddlers, canvassers 26.1 et seq. and solicitors. Sea that title Supp. No. 27 3036 S-6001 i a i CODE INDEX -- PHRENOLOGY Section Fortune-tellers, palmists and similar practitioners .... 21.17 at seq. Fortune-tellers, palmists and similar practitioners. See that title PHYSICALLY HANDICAPPED PERSONS Parking places, providing ......................... 23-253 Traffic. See that title PICNIC PARTIES, ETC. Reservation in park.. ............................. 25-4 Parke and recreation. See that title PICKUP AND DELIVERY TRUCKS Parking in specified places prohibited .............. 23-235 at seq. Traffic. See that title PIGS' Swine running at large ........................... 7.4 Animals in general. See: Animals and Fowl PIPE LAYING Trenches ......................................... 31-35 Excavations. See that title 1 PISTOLS •. % Firearms, discharging ................:............ 24.64 Firearms and weapons. See that title PLACES OF AMUSEMENTS. See: Amusements and Amusement Places PLACES OF PUBLIC ACCOMMODATION Human rights provisions ............................ 18.1 at sect, PLAN COMMISSION Composition ....................................... 27.16 Established ........................................ 27.16 Large sale developments ........................... 27.29 at seq. Planning. Sae that title Powers and duties ................................ 27.17 PLANNED DEVELOPMENTS Zoning requirements ............................... 36.1 etseq, Zoning. Bee that title PLANNING Historic preservation .................................. 27.81 ct seq. Historic preservation. See that title ,�---, Supp No. 27 3037 Sa 8 ....... . .......... ------- — — . ...... IOWA CITY CODE PLANNING—Cont'd. large scale developments Section Nonresidential Building permits ...... Council action ........ ............... 27-43 Definition -.,. ....................... 27-44(d) Exceptions to provfeIone:­ .................... 27-36 Final plan ... ....................... .... 27-44 Final 131" fee** ................ 27-40 ........ Improvement . .................. 2741 Limitation.... 2742 Modification "quirements, 27-44(h) Procedure 27-44(a) Preliminary approval ............. P ............ Preliminary pian...... 27-39 Preliminary Pian fee......................... 27-37 Temporaybuilding.......0........... 27-38 ..........P................ Unusual 27-46 2744( c)anidattat Application for approval Building permit requirements men 27-54 ..... Cliangs, and nd ....... amendments 27.63 Council action .... ........ 27-60 Definitions .0 ............ 27-59(d) Exceptions ........................ 27-62 Final approval.. ........................... ........... 2749 I................... Final Plan .................. 27-97 ImproI ve en ...... 27-66 I tions.......... 27-68 Madlffcations o 27-69(b) Ina I r 27-59(s) Unusual plan 2745 . Resouconservation......... *"** .......... Inion 27-50(c) ... Resource Cc V U n c minion. Urban renewal,gen a I 27-72 at seq. ...... P .................... PLANNING AND PROGRAM DEVELOPMENT 8-1 slap, Department of; director of Administrative "Mice departments PLANTING 2-1 at seq. T11, and forestry regulations .......... Forestry. Sea that tilts M18 slap. PLATS. See; Survey,, Map, and plate PLAY STREETS Designation ..... PLAYGROUNDS. See: park, and lereatimo 23-141 Supp. No. 27 3038 I I ............ . ..... CODE INDEX PLAYING GAMES Streets, in ......................................... PLAZA CityPlaza ......................................... City Pinza. See that title PLUMBERS' LICENSES (Master plumber, Journeyman, etc) Application Fees Generally ........................................ Bond and insuranca Display of license .................................... Examinations Generally ........................................ Re-examinations ............... Fees Renewallbes Licensing standards generally ......................... Plumbing permits. Sea that title Renewal of licenses ................................... Required.......................................... Revocation ............................. ; Transferring ....................................... PLUMBING (Generally) Board of examiners .................................. Code Adopted ......................................... Amendments ..................................... Connection with Y's ................................. Excavation requirements ............................. Excavations. See that title Garage floor drains .................................. Housing standards rOmaintenance ofm;,plfodplurnblngfd,,,. Homing. Sm aim that title Inspections ......................................... Impactor .......................................... Licenses. See: Plumben'Licenses MechanicaleDde ..................................... Mechanical code. See that title Mobile home park regulations. So: Mobile Homes and Mo. bile Home Poulos Nuisance abatement regulation, ....................... Nuisances. See that title Penalties. See within this title: Violations Plumbers'llcenses. See that title Supp, No. 27 3038.1 Section 21.3 9.1.1 at seq. 8.183 8-182 B-186 8.189 8-184 8.185 B-183 B-187 8.184 8-187 8.181 8.188 8-188 8.171 B-161 B-162 8.164 31.21 et seq. 8-163 17-70) 8-172 B-173 8,14 at seq. 24.101 at mq, I IOIVA CITY CODE PLUMBING (Gencrally)_Cont'd. I I Section IOIVA CITY CODE PLUMBING (Gencrally)_Cont'd. Plumbing inspector. See within this title: Inspector Violations Section Notices of .......... Penalties "•"""•'•••••••••..... 8.174 Yrnnneclions....................................... &176 PLUMBING PERMITS 8.164 APplimlionfor Permit .................... Display ofpermit ................ ..•.•....... 8.193 Fees............. .................... feauanrono wal"rofPlumbingregul-tions 8.194(c) ............... Plumbing lieens. Seo es 8196 8-194(b) that title @.-lineations to obtain Permit ......................... Required .............. Work not rc uirin . • • """"............ 9 8.192 8.190 •. g ............ Timelimitntum on """"'••••••••••• Permit ............................. 8.191 POISON 8.194(0) Poison meat......... Animals and fowl. See that ' 7.3 litla."""' S.PP• No. 27 3038.2 I I I I I i I w� :tiat.aaaul....a.a�:.a...... �..<.,..+<..w,..::.rr.,.............--R-..•..•.........+•...,....n ......�,..•...n.... V •..... . CODEINDEX Section PUBLIC ENTERTAINMENTS 2543 at seq. Croup activities in parks ............................... Parks and recreation. See that title 31 se 134 et q. Use permits for use of public ways ........................ PUBLIC HEALTH. See: Health and Sanitation - I PUBLIC IMPROVEMENTS Public works and improvements. See that title i PUBLIC LIBRARY. See: Library PUBLIC NUISANCE. See: Nuisances PUBLIC PLACES .. ��. Alcoholic beverages in 24-51 . Drinking .......... s ing............ ............... 5.12 Open containers, poesesaing••••••. •.•...'......•..••.• - 24.5 .'.:_.. - - - Smoking Prohibited in ................................. Smoking. See also that title 24.114(4 ,. Urination or defecation in ...................... • • • • • • - �: •.. PUBLIC RECORDS 2.103 Boards and commissions ............................... 277 City clerk as custodian ................................. City clerk. See that title PUBLIC SAFETY 2.102 \./ Boards and commissions services ........................ PUBLIC TRANSPORTATION DEPARTMENT 2.224 Assignment of services .. . • • ... • . • ion services rasponsi• transports/ Buses, other similar mase •.. 2.221 li ,.. his for :............................. . •... - Director2.223 - Appointment .................................... 2.222 - ... Established ..................................... 2321 ,- Purpose ofprovisions................................. 4 ' PUBLIC UTILITIES. Sem Utilities PUBLIC WORKS AND IMPROVEMENTS 2.102 - Boards and commissions services ....... • •' • • •..... on public improvement Prgla'U Conditional deficiency asKsomenta 2.207 I Amortization alis ................................... 27.29 et seq.. Largo scale developments ................ • • • • • • • • • " •' other provisions not Included Ordinances saved from repeal, and the adopting ordb herein. Saa the Preliminary pages • nonce of this coda 27.1 at coq. ,.. :. Planning .................................. f Planning. See that title 9upP. No. 27 3043 1 i /J\ t Sag IOWA CITY CODE PUBLIC to� AND DOROVEMEN7S—Cau'd. Subdivision ColaSea one ............................. tttat Section titie PUBLIC WO ICS DEPARTMENT 82.1 et sq. Adminletre five service departments .... Aeeigument of functions ••..••.•..••.... ...... Dhactor ... . • • • • • • • ............ ........................................ I!IVialaN 2.1 s seq. 2'158 .......................................... PUMPING PLANTS 2.157 2165 Nin DZnrele Is not provided with a fuhway creen provieio......, ar..s........... ............. PURCHASING 24.101(5) Boards and commissions services ... PimnUalprocedureg....... .. •.••••.•.......... Contracts and .•...•••.••.... •.•........ Plumose, Sao menta. See that title that title 2.102 2.04 tseq, power Ord'may................ Ordlunces saved from beretu. See 245 repeal, other proviei... not included Ore Preliminary pages nacos of this code and the adopting erdi. PUTRID SUBSTANCES Nubmm* abatement regulations ..... Nulyraea See that title • • """...... • • .. 24.101 ct seq. Q QBabiesARsu �. pEtr . ............................. Animals and fowl. See that title 7.47 QUITTDVG BUSINESS SALES Gotng_ou6-ot-business and similar sales .... Cointitle f -business title and similar solea. See that• 21-81 of seq. RACE DISCR MINAT70N R Human rights Provisions ............................ RAILROADS AND TRAINS 18-1 at seq. Parking in epo Traffic, See that title a thl,ed places prohibited .............. Reservation of provision, 28.295 et aeq• .., Traffic regulaNaN. See• "• •"""...... • • • •. • T4afflc Chop. so RAIN STORMS Sturm Water and sew oft See ...................... ere. Seo that t that ti0e SaDP• No. 27 89.64 e0 seq. 3044 "� r i ..,.,....... .�..,,. ...... CODEINDEX RAINWATER DRAINAGE Section (lousing standards reowners responsibility ................ 17.7(c) Housing. See also that Lille RALLY OR DEMONSTRATION Defined .......................................... 31.1 Streets and sidewalks. See that title Group activities in parks ........................... 2548 at seq. Parks and recreation. See that title Use permits for use of public ways .................. 81-134 et seq. RAZORS Concealed weapons, carrying ....................... 24-60 Firearms and weapons. See that title RECREATION. See: Parks and Recreation REFRIGERATION AND AIR CONDITIONING Mechanical code .................................... 844 et seq. Mechanical code. See that title REFUSE. See: Garbage and Trash REGISTRATION Voter registration ................................. 30.1 Elections. See that title RELIGIOUS DISCRIMINATION - Human rights provisions .......................... 18.1 at seq. REMOVAL OF BUSINESS Going-out-of-bmdness and similar sales .. . ........... 21.81 at seq. Going-out-of-b»slness and similar sales. See that title RENT ESCROW Certification of rent escrow ............................. 17-3(p) Housing. See also that title RENTALPERMITS Application for, issuance, extension ...................... 174(0 Housing. See also that title RENTAL UNITS Houningprovisions.................................... 17.1 et seq. Housing. See that title REPEAL OF ORDINANCES Effect............................................ 1-5 Ordinances saved from repeal, other provisions not included heroin. See the preliminary pages and the adopting ordinance of this code Supp. No. 27 3044.1 L IOWA CITY CODE RESIDENTIAL DISTRICTS Parking is Traffic. See that title _ RESIDENTIAL UNITS Large scale developments Planning. See that title RESOURCES CONSERVATION COMMISSION Annual report Compensation Established Membership Planning Planning. See that title Powers and duties Purpose of provisions Qualifications Terms of office RESTAURANTS Definitions Permits Agreements for enforcement Application _ Issuance, pereom entitled Required Retention, persons entitled Transferability RETIREMENT Ordinances saved from repent, other provisions not included herein. See the preliminary pages and the -adopting ordinance of this code REVENUE OF CITY. See: Finances Supp. No. 27 3044.2 Section 23.252 27-29 at seq. 27.78 27-75 27.78 27-74 27-1 at seq. 27-77 27-72 27-74 27-70 13-10 13-21 13-18 13-20 13-17 18.20 13-19 Sok n •�lG�tilaa<VtaR.�.at. \'..... N....ala w.ww}....,y))aY.\......�.nw.✓<wnni.......'N1..'•��.....'�. N' CODEINDEX SURETIES Section - City clerk .......................................... 2.75 SURVEYS, MAPS AND PLATS Airport overlay zoning map ............................ 4.74 Zoning. See: Airports and Aircraft Firezones.......................................... 8.19 Franchise maps for various utilities. See: Franchises Grades of sidewalks, streets, etc. See: Streets and Sidewalks Monuments, preservation duri ng excavation .............. 3137 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordi• nance of this code Plan commission duties ............................... 27.17 Plan commission. See that title Precinct boundaries described ......................... 1035 Elections. See that title Resources conservation commission ..................... 27.72 et seq. Resources conservation commission. See that title Subdivision regulations .............................. 32.1 at seq. Subdivisions. See that title Zoning requirements ................................. 36.1 et seq. Zoning. See that title SWEAR OR SWORN. Sce: Oath, Affirmation, Swear or Sworn J SWIMMING Iowa River regulations ............................... 24.78 el seq. Iowa River. Sec that title SWINE Livestock running at large ............................ 74 Animals in general. See: Animals and Fowl T TAXATION Hotel and mate] tax .................................. 32.1-21,32.1-22 Hotel and motel tax. See that title Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Property tax Partial exemption for industrial property ............... 32.131 et seq. Industrial property, See that title TAXICAB STANDS Traffic regulations relative to loading and unload- ing .......................................... 23-287 at seq. Traffic See that title r-.. Supp. No. 27 3054.1 Sa8 N' TAXICABS. See: Vehicles For Hire-Taxicabs TELECOMMUNICATIONS Section Broadband telecommunications franchise ..........., Franchises. See that title 14.80 ate TELEPHONE COMPANIES Franchisee ........ .......................... Freachises. Be, that title !d-52 at a TELEPHONE SERVICE (Uadergromd) Applicability .......... I.... ••••••••. Connection to 39'96 existing systame ............ Cooperation by applicant 33-101 ....................... til .............. 32-102 Rights-of-way 38-97 and eaaemm4........... ...........•••.••.•••. Special condition 33-99 .......... Subdivision installatiom 39.103 ..........................• TELEVISION 39 I00 Broadband telecommunications franchise ............ Franchises. Sea that title 1d-60 et as TENSE Words used for interpreting code .................. TENT SHOWS 1.2 Circuses, carnivals, Itengeriee, eta .......... See • '�'• Circuses, carnivals, mengeries, eta that title 8-18etseq THA.NMIVMG DAY Computation of time re ............................ THEATRICALS 1.2 Croup activities in parka ........... Parke and recreation. See that title ""• 28.48 et seq. THINGS IN ACTION Personal property defined re ...................... THREATS OR VIOLENCE 1.2 Disorderliness .................................... Disorderl• onuo 3 Dexeone, conduct and houses See that 24.27eteeq. title THROWING OBJECTS OR MISSILES Prohibited activities In parka, eta. ................ Parke and recreation. 25.1 See that title TIME Computation of time construed ..................... 1-2 •�lawlaAGaNaa(.<taN\`.vN\4taa<aa:aan.ww.v��..a•�rA'a.aataaa..e.v++R.v+....... awv.a+wrn ..vr...�rv.vn•l.vw•.•.�+ \4 CODEINDEX TOBACCO Smoking restrictions. See: Smoking Section i TOILET FACILITIES. See also: Housing _ Communal toilets and baths; toilets and IavaWry basins; baths in rental units Minimum standards ............................. _ Minimum structural standards for dwellings 17.0(e) et eeq, Toilet facilities .....b - i ......................... Toilets, baths and lavatory bmi...m. maintenance requirements 17.5(c) eta inrenWl units ................................... ........... 17.7(p) TOY GUNS •..-,. Firearms and weapons. See that title . Prohibited .......................................... 2405 TRADES " - Occupational lirenses in general ..................... Licenses and permits, See that title 21.1 at N4 .. . TRAFFIC Abandoned vehicles Junk and obsolete motor vehicles. See hereinbelow '. that subject . Accidents Clearing up wrecks .................. Driver unable W make report 20-140 .......--a-- Unattended vehicles, involving -....•.•...•• g 2849 " .................... Written reports .................................. 25.60 Administration............ 2340 Alleys .................. ,,,.,,. 20-10 at no% Defined........ Parking Prohib.................................. ited, 22.1 - - - when ............. „ „ Parking, eWPPing and standing, See hereinbelow 43-2m • that subject r I I f - Supp, No. 27 j 3055 I N CODEINDEX ZONING—Cont'd. Dlmemional +a9uinmento .......................... Floor ares ratio, maaimum buildlos bulk ............... General proviNma................................. Height, madmum buildlag bulk ...................... Intent ......... .................................. Inst area, dimensional requirements ................... Id ceverage, maximum bWWingbulk ................. Permitted aaeesory uses and bulldings ................ Permitted uea.................................... Provisional weal ................................... Special exceptions ................................. special provtslom................................. Yards, dimeasloml requirements ..................... Dl—Interim development rem - Dimensional requirements .......................... General provision, ................................. Intent ........................................... Permitted aoceaowy uses and building, ................ Permitted uses .....................:.............. Provisional uses ................................... Special exception, ................................. Spada] provisions ................................. Yards, dimensional requirements ..................... implementation Amendment of provision, ........................... Anmration..................................... Building and ,,,p,,y nntsieat.................... Construction prior to F"Wom ...................... Enforcement ...................................... Rules of construction for boundaries ofrones ............ Violation ........................................ IndustrW runes Id—General industrial mon sea within this title that aubjeet 1.2—Heavy industrial mm. See within this title that subject ORP—Office and research park mne. See within this title that subject RDP—Research development park mne. Sec within this title that subject faterxdee commercial seen Sea within thle title. CI.1—Intensive Commercial Zone Junkyards Additional regulation, .............................. Kemele Additionalregulatlons.............................. I"re scale developments ............................. Planning. See that title Supp. No. 27 3086 Section 36.28(c) 3628(e) 362&0 3628(e) 3628(a) 3688(e) 36.28(e) 3656 3628(6) 36.28(c) 3688(d) 3628(g) 3628(e) 365(e) 385(0 ""a) 9856 365(6) 366(c) 966(d) W5tg) "a) 3688 3690 3686 3686 3684 3887 9889 9656(J) 3856(k) 27.29 at aq. ,S4 Qaaa.-0..0 to..............ta....:...w...: IOWA CITY CODE ZONING—Cont'd. Licensee Signa ............................................ Lad[ng ORatreet lading requirements ...................... Lots Dwellings, mo lot Iim rad tornbaua%adddiaul regulation . Nonconforming lots ................................ Zones, various dimensional requirements for. See within this title various masa es indexed Low density zona. See within this title: RM•12—Low Density Multi -Family Residential Zone Mall zona, description of ............................. City plana. See Also that title Msmdsmaed bousiug. See within this title: RMH—MundaCaoed Housing Residential Zone . Manufactured housing parks .......................... Manufactured housing parks. See that title Madlem density sees. Sea within this title: RM•20—Madium Density Multi -Family Residential Zone Multi -family zona RM 12—Ism density muhlandly reaidmtial mro. See within this title that subject RM•20—Medium density multi•femlly residential acne. See within this title that subject RM-146—High-rise multitamlly residential mesa See within this title that subja.•t Name . Neighborhood conservation residential zone. See within this title: RN(.' 20—Neigl bxrhocd Conservation Residential Rona Nopmnformitia Flood hazard overlay zones, nonconforming structures .... General provisions ................................. lIntent ........................................... Lots ............................................. Nonconforming uses ............................... Signa. See within this title that subject Structures ....................................... Ula ............................................ Nuclear weapons free zone ............................ Nuclear weapons free zone. See that title Nursing homes, additional regulations .................. Obstructions permitted obdructions in yards ...................... Odes, performance requbemente ....................... ORatreet lading requirements ........................ ORatreet perking requirement ........................ permitted obstructions in yard ....................... Supp. No. 27 3086 Section 3664 36-69 3655M 3652 9.15 221 at seq. kB&4 3858 3679 36.78 Walt 3650 3658,36-81 3650 24.141 et seq. 385610 3868 3676 3059 3858 3888 Sag Pala\ Vcu(auua \\\.........vaa\uaaauua.v...... v.n•u .v- ki.l..vna'I'.u`-Ynv.vwuro�Y I I CODEINDEX ZONING—Cont'd. i Section Plan commission .................................... 27ec iat seq. Plan commission. See that title Planned development housing overloy zone ............... 3647 Porches, Measles, derka end ehgpe, unmvaied I a �rctime In yard ��� e ....................... 3888 t, ••••••••••••.••••••.••• 364S et seq. Provisional uses Zeno, pwrWoeal uses for. See within this title various 30046 u indexed Provisions Amendment orproridoex ........................... 3688 Cmdmctim prior to Pro bi ex ...................... 3886 Refs t .................... 3681 1 .:. Geroaldfettof................................... Name of ................................ 38.2......... 36 2 Grdfeaezasaassd 6wm rnpaal,other PaaWmaeet ledrrdd here'"adtble� PN sed tbo adeping onlinanAQPeb.......................................... 38.1 . PubRe aces. Ses within tbk title P—PubRe Zees Purpose ........................................... 36.1 RDP—Research development park zone l Dimensional requirements .......................... 36'24(4) General previsions ................................. 36.24(0 Height, maximum building bulk ................... 36.24(4) Intent ........................ .......... 36'24(x) Lot area, dimensional requirements ................... 3G24(c) Lotcoverage, maximum buildingbulk................. 36'24(c) .. Permitted uses .................................... 3824(6) Provisional uses ................................... 3G -241c) I Special exceptions ................................. 36.24(d) T' Special provisions ............. 36.24(6) Yards, dimensional requirements ..................... 36.24(4) Religious institutions, additional regulations ............. 36.55(m) Research park zones ORP—Office and resmreh park zone. See within this title that subject RMP—Research development park zone. See within'thi title that subject Residential none RM-14-1nrr dedty mulU-W* rddmdld ams See within this title that subject RM-20—Medium density multifamily rsidentlsl coos Sae within this title that nubjact 1 RM44—RIA da0db nMW4m* V"butW acro. Ss within this title that subjed Supp. No, 27 3088 'I fy ins za.................................. ... ..........:...,....,.,.......... i IOWA CrrY CODE ZONING-Cont•d. .i RM•146-.High rise multifamily residential Section -. um, See within this title that subject . RIM -Manufactured housing raaidentW acne. So within this title that subject RNCG20-Neighbmhood conservation residential mac. See within this title that aubjod RE'l-Rurd residential cone. See within this title subject that RM -Low density atugWamily residential was. See within this title that subject R88 -Medium density sing6family residential some. See within this title that subject R&M -High dmuty siugbtvnily, residential ams. Sea within . title that subject p���this RemmCBa conservation Commission Resources...... -Resourcescomsrvelina MMMW. ....... that 27.72 at seq. River corridor overlay zone title: Rf,, Riven Corridor Overlay 2me RM -12 -Low density multifamily residential woe Building coverage, maximumbuilding bulk ............. S&11(e) -:. Floor tr• madmumrequiremen4tiu11 •.•••••••••••••••••.••• thug bulk 37•il(e) ............... Height, madmx buildingbulk 9&11(e) . ...................... Intent ........................................... 3&11(e) Lot area, dimensional 3&11(d requhementa ........ Permitted aooessory, uses and build) • • • • • • •' • .. - . buildings 9&11(e) ................ Permitted nem .................................... 30bg . _ Prov6loualuos 3&11(6) ...................... Special esoepHam 9&11(e) ........................�........ Spend pewisinn 3&11(d) ..onsio ......................... . Yards, minimum; dlmemioml requiremanfs 3&I1(g) ............ RM.20-Medium demity multifamily residentW 3&11(x1 cons f'.::.... BuRdtngowraga,marimumbuildingbulk ............. Dimensional requirements 3&12(e) ................. .......................... Flom arearatio, maximum buildingbulk 3&12(e) ............... General 3&12(e) .. provisions ........ . ..... ....... Height, maximum build)ngbulk 3&12(0 .................. Intent • • • • ...............uireme...................... 3&12(e) . Lot area, dimensional requiromeufs 3&12(x) ................... Permitted eccesory uses and buildings 3&12(e) ................ Permitted uses WM ................................ . ... Provisional uses 33.12(b) ................................... Bpeciel escoptions................................. 3&12(c) Special provisions M12(d) ................................. Yards, minimum; dlmensionel requiromenb 3&12(g) .... , ....... 3&12(e) Supp. No. 27 3090 � S()6 CODE INDEX ZONING—Cont'd. RM44—High density multifamily residential zone Section Buildingarverage, maximum buildinghulk ............. Dimensional requirements 36-14(e) .......................... Flocrarearatio, maximum buildinsbulk 36-14(a) ............... General provisions ................................. 36-14(e) Height, ma3dmumbuildingbulk 36-14(0 ...................... Intent 36-14(e) Lot area, dimensional requirements ................... 36-14(a) 36-14(e) Permitted accessory uses and buildings 36-56 ................ Permitted uses; : ........ ........................... Provisional 36-14(b) uses ................................... Special exceptions 36-14(c) ................................. Special Provisions ................................. 36-14(d) YardA.minianum;d1ruemional requirements 36-14(g) ............ RM145—High-rise multifamily residential was 36-14(e) Building coverage, maximum building bulk; dimensional requirements ................................. Dimensional requirements 36615(e) .......................... Floor area ratio. dimensional requirements 36-16(e) ............. Goner a] 36-15(e) provisions ................................. Height, mArimmbuildingbulk.dlmemioneirequim=nta. 3615(0 Intent 36-16(e) Lot sues, dimensional requirements 36-16(a) ................... Permitted Unsavory uses and buildings 36-15(e) ................ Permitted uses W -W .................................... Provisional uses ................................... 36-15(6) 36-15(c) Special exceptions ................................. Special 36-16(d) provisions ................................. Yards, dimensional 36-15(g) requirements ..................... RM111—Manufactured homing residential zone 36.15(0) Buildingmemp, maximum buildinghulk ............. Mill(s) Dimensional requirements .......................... Floor area ratio, maximum buildigblk 36-9(a) ............... General Provisions 36.9(e) ................................. Height, maximum building bulk 36-9(0 ...................... Intent 36-9(a) ........................................... Lot aran, etc, dimensional requirements 36-9(n) ................ 36-9(e) Supp. No. 27 3090.1 I I i N\+f+a✓.++\+t+\`.+tal\aa\a\..(a+...w.w.•.t•J.•ts. aY-.Y++++++n++�.•.Cw�........+++h .v. i.v....v.../.�.vY.+v.vwYMY RESOLUTION NO. 86-84 RESOLUTION ACCEPTING THE WORK FOR THE ROCHESTER AVENUE RESERVOIR CONTRACT II - PUMPING STATION WHEREAS, the Engineering Division has recommended that the improvements covering the Rochester Avenue Reservoir Contract II - Pumping Station as included in a contract between the City of Iowa City an McComas-Lacina Construction Company of Iowa Cit Iowa dated July 3. 1985 , be accepted, an WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by McDonald and seconded by Courtney that the resolution as read e adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco _ X Baker X Courtney X Dickson X McDonald X Strait X Zuber Passed and approved this 25th day of March , 19 86 . i 1A R ATTEST: & Apprcy� c Legh %/-'noil�� -5o 1 3e(a) CERTIFICATE OF COMPLETION ROCHESTER AVENUE RESERVOIR CONTRACT 2 - PUMPING STATION Iowa City, Iowa February 21, 1986 We hereby certify that we have made an on-site review of the completed construction of the Rochester Avenue Reservoir,. Contract 2 - Pumping Station as performed by McComas-Lacina Construction Company, Inc. of Iowa City., Iowa. As Engineers for the project it is our opinion that the work performed is in substantial accordance with the specifications and Change Order Nos. 1,. 2, 3, 4 and 5 and that the final amount of the Contract is Three Hundred Forty-one Thousand Three Hundred Fourteen and 00/100 Dollars (;341,314.00). VEENSTRA & KIMM, INC.. B Title S Date _ A. 11672/2 Accepted: CITY OF IOWA CITY. IOWA By Date Z/z 686 3 �M'Xuiv..aaaJ...., a.a�. av va.. a:. a.<.+..w.w..v:.r:...-.v.:..�.....-..A..................v...................•...•.-.�...,... ORIGIIII 1 (This Notice to be posted) Mlen. Cm .. N.IK 1b"J%Sm�h L Nbn. Iw�en. Ue. AbY�n. bw 516 NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. f Date of Meeting: March 25, 1986 c� % Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, Iowa City, Iowa. j PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: $1,665,000 Parking System Revenue Bonds. Resolution fixing date for a meeting on the proposition to issue. Such additional matters as are set forth on the addi- tional 13 page(s) attached hereto. E (number) i 1 This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. F City Clerk, Iowa City, Iowa i I Posted: 3/21/86 @ 3:00 p.m. djd Removed: 3/26/86 @ 9:00 a.m. d,7d j Mlen. Cm .. N.IK 1b"J%Sm�h L Nbn. Iw�en. Ue. AbY�n. bw 516 V-.c,:�a.....,e..,..,.,,..,......,.s.,,,.,c.....:...•y.v.....,...._..,_........ ........... .,.....v..,.....v,.,M..,..,.,. March 25 , 1986 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 o'clock P .M., on the above date. There were present Mayor Ambrisco , in the chair, and the following named Council Members: Ambrisco, Courtneya Dickson McDoanld Strait, Zuber. Absent: Baker MM COY .. 0a 1. lwat SmIN i Nlbee, I,wren, 4v Moim, Iwn 0 r -- w+A1C.:aAvv<.:.l.,.. McDonald introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $1,665,000 PARKING SYSTEM REVENUE BONDS OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF," and moved that the same be adopted. Courtney seconded the motion to adopt. The roll was called and the vote was, AYES: Ambrisco, Courtney, Dickson, McDonald, Strait, Zuber. NAYS: None ABSENF: Baker Whereupon, the Mayor declared the resolution duly adopted as follows: 86-85 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $1,665,000 PARKING SYSTEM REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out the purpose hereinafter described; and, it is deemed necessary and advisable that said City should issue Parking System Revenue Bonds to the amount of $1,665,000, as authorized by Section 389.83, of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which it is proposed to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body meet in the Council Chambers, Civic Center at Iowa City, Iowa, at 7:30 o'clock P M., on the 8th day of April 1986, for the Purpose of taking action on the matter of the issuance of $1,665,000 Parking System Revenue Bonds of said City, the proceeds of which bonds will be used to provide funds to pay -2- ""I INI—IK Wl . "Ih A AIR, 11w i,. On AY.rrn, MM, S/a i { M�Y.T:.:Aii«<vt....t.�Ma<.�.«va..t.+n..A::ti....N:rlr,..�....�...w.-J4�..............•..w....v...w..r.v.vnwi....r costs of constructing an extension to the existing municipal parking structure located at the northeast corner of Dubuque and Burlington Streets. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: I i 3-All-3- Alam rmpq mlrvvq. IN xn..In lYvr+. MxlhA Allbm. lA+Iwn.IM r ............ c....,.,..,...:....................��R...•._.......,.�.�...,..«.....,.�.•...,,.....v.,,..,,.. NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $1,665,000 PARKING SYSTEM REVENUE BONDS OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa, will hold a public hearing on the 8th day of April , 1986, at 7:30 o'clock P, M., in the Council Chambers, Civic Center, in Iowa City, Iowa, at which meeting the City Council proposes to take additional action for the issuance of $1,665,000 Parking System Revenue Bonds of said City. Said bonds will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Parking System. Said bonds are proposed to be issued for the purpose of paying costs of constructing an extension to the existing municipal parking structure located at the northeast corner of Dubuque and Burlington Streets. At the above meeting oral or written objections from any resident or property owner of said City to the above action shall be received. After all objections have been received and considered, the Council will at said meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of said governing body as provided by Section 384.83 of the City Code of Iowa. Dated this 25th day of March , 1986. City, Clerk o£ Iowa City, Iowa (End of Notice) -4- .IAnn 1r.xq lain nln ILy M• bmlL h 01- I..pn. IF, -516 f i(�.a.ta.i.saa�.vs�a'..aa.a.<.+...w•+N...rJrrrr...ax.:.�.+.+.-R..««.r..�........v.w..x.•«.•n..n�.nw.�,..�..+ PASSED AND APPROVED this 25th day of March 1986. l -5- ALIn4, I1xxK. 14xxn4v. IUIII 4ni1L E Alllxv, lupn. Ih Mnx. lawn i f i(�.a.ta.i.saa�.vs�a'..aa.a.<.+...w•+N...rJrrrr...ax.:.�.+.+.-R..««.r..�........v.w..x.•«.•n..n�.nw.�,..�..+ PASSED AND APPROVED this 25th day of March 1986. l -5- ALIn4, I1xxK. 14xxn4v. IUIII 4ni1L E Alllxv, lupn. Ih Mnx. lawn I +V[nwiaca.aa.R....a....a.....a.....a v...w..v...... r..............»..R..».............a..............w..n..n..w..a... CIG -3 4-85 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the Portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said ' proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 25th day of March , 1986. SEAL city Clerk, Iowa City, Iowa -'J fuv.. IbwnlH IYW.'..-o.A mo.v.IUHv. IMv AAux.. Lr, S/c) I I E .ke <..........................�. M:.::.:. Fr City of Iowa City MEMORANDUM Date: March 19, 1986 To: City Council From: Rosemary Vitosh, Acting Assistant City Manager (Kelt_� Re: Parking Revenue Bonds Parking revenue bonds are scheduled to be sold in April to finance the addition of two floors to the Dubuque Street Parking Ramp. This project will result in adding 223 parking spaces in that ramp. We have scheduled the sale of the parking revenue bonds as follows: March 25, 1986 -Set public hearing for April 8, 1986, on the issuance of the bonds. April 7, 1986 -Representative of Evensen Dodge to dis- cuss pre -sale analysis of bond issue with Council. April 8, 1986 -Public hearing on proposed issuance of parking revenue bonds. -Approval of resolution to proceed with bond issue and publish notice of sale. April 9 &.10, 1986 -Publish notice of sale April 15, 1986 -Open bids on bond sale. -Approval of low bid and authorize issu- ance of bonds. We are fast -tracking the sale in order to receive the bond proceeds as soon as possible since approximately $900,000 has already been paid out on the project for construction costs. In order to meet the above schedule, it will be necessary for Evensen Dodge to distribute offering statements to potential investors prior to the Council's approval to proceed with the bond issue (scheduled for April 8, 1986). If, for some reason, Council approval is not received on that date, it would be a simple matter to withdraw the offering statements. The pre -sale analysis report will be sent to you with your April 8, 1986 agenda packet. Wayne Burggraaff of Evenson Dodge and I will be present at your April 7, 1986 informal meeting to review the pre -sale analysis report and answer any questions you may have on this bond issue. bc3 i A..«aJ..... t. RESOLUTION NO. 86-86 RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR NEW LIFE FITNESS WORLD LOCATED ON LOT 21 AND A POR- TION OF LOT 20, WEST SIDE PARK ADDITION, IOWA CITY, JOHNSON COUNTY, IONA. WHEREAS, the owners, New Life Fitness World Inc., have filed with the City Clerk of the City of Iowa City, Iowa, an application for approval of the preliminary and final Large Scale Non -Residential Development plan for New Life Fitness World; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary and final plan and have recom- mended approval of same; and WHEREAS, the preliminary and final plan has been examined by the Planning and Zoning Commission and after due deliberation the Comnission has recommended that it be accepted and approved; and WHEREAS, the preliminary and final plan is found to conform with all of the re- quirements of City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary and final Large Scale Non -Residential Development plan of New Life Fitness World is hereby approved. 2. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify the approval of this resolution and of the preliminary and final Large Scale Non -Residential Development plan after passage and approval by law; and the owner shall record them at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is author- ized. It was moved by Dickson and seconded by _ the Resolution be a opted, an upon roll call there were: AYES: NAYS: ABSENT: ZuUer X Ambrisco �— Baker X. Courtney X Dickson X McDonald X Strait X Zuber Passed and approved this 25th day of March 1986. 4®R ATTEST: I LL KvMrv90 'M AFarovan By The Iuncl V0 ni $.2 12- d ,^MXMaa(taai....... .+.,.......a�.wW.Y...y City of Iowa City MEMORANDUM Date: February 28, 1986 To: Planning and Zoning Commission From: Karin Franklin, Senior Planner Re: Large Scale Non -Residential Development Regulations The City staff was approached by members of the Economic Development Committee of the Chamber of Commerce and representatives of BDI with a problem. Developers and owners of vacant land would like to have a City approved plan in place to use as a tool for marketing their property. Timing and a certain degree of ease in development is essential to at- tracting new businesses to Iowa City. An approved plan which outlined the general parameters of the development but which did not limit the develop- ment to one use or one specific building footprint was desired. It was understood that the limitations of the Zoning Ordinance as to use, set- backs, parking, etc. was a given and that the review of large developments by the Commission and the Council was reasonable and appropriate. Attached is an ordinance proposal which retains the requirements of the existing ordinance, provides for a preliminary plan in which the parame- ters of development on a site are set, and alters the procedure for ap- proval by requiring the Planning and Zoning Commission and City Council approval of a preliminary plan and allowing administrative approval of the final plan if the final plan falls within the parameters set by the pre- liminary. TFe existing LSNRD regulations are also attached'with indica- tions of additions and deletions, for the sake of comparison. Please study this carefully; fast track review and approval has been requested. tp5/6 saz I PLANNING § 27-37 ordinances relating to the state as they now exist or as the same may be hereafter amended or supplemented. (Code 1966, § 8.20.2) State law reference—Designation of plaantng commission as inning commission, I.C.A. § 414.6. Secs. 27-18-27-28. Reserved. ARTICLE III. LARGE SCALE DEVELOPMENTS DIVISION 1. GENERALLY Secs. 27.29-27-35. Reserved. DIVISION 2. NON-RESIDENTIAL See. 2736. Definition. As used in this division, the term ''large scale non-residen- tial development" shall mean an office, commercial or in- dustrial building built upon a separate tractA."ter than two (2) acres in area. (Code 1966, § 9.52.1; Ord. No. 2527) Croce reference—Rules of construction and definitions generally, § 1-2. Sea 27.37. Procedure—Preliminary plan. Whenever the owner of a tract of land wishes to secure a building permit for an office, commercial or industrial build- ing on a tract of land of a size as described in section 2736 of this division, he/she shall submit to the city six (6) copies of a preliminary plan and application for preliminary approval in accordance with the requirements of this division. The preliminary plan shall be composed of two (2) parts: The existing site plan, and the development site plan. (a) Existing site plan. A plan of the existing conditions of the area proposed for development shall include: (1) Location map. (2) Contours at five (5) feet intervals or less. Supp. No. 12 1835 5a.2_ - 9 27-27 IOWA CITY CGDE (3) Approximate location of all existing streets and PLANNING 1-27.40 �_ public utilities. (b) Development site plan. The preliminary plan of the Sec, 27-39. Same—Preliminary approval. proposed development shall include: Upon filing of the Preliminary plan required by this divi- (1) General land use arrangement showing proposed sion the city clerk shall submit the plan to the city manager. The city manager shall cause the location of buildings, approximate size of buildings, general use of the buildings (major department same to be examined in order to assure compliance with the requirements of this chapter. The planning and zoning store, automobile service station, specialty retail, manufacturing, wholesaling, etc.), proposed lova- commission shall also study the preliminary plan and review the reports of the city man - tion of any public or semipublic areas (malls, ar- ager and shall approve or reject the same within forty-five (45) days after the submission thereof to the cades, park -ways, parks, etc.). clerk, by filing their recommendation with the clerk. If the commission does (2) Traffic circulation pattern showing the transpor- not act within forty-five (45) days the plan shall be deemed tation system proposed for the development area including automobile, railroad, bus and pedestrian to be approved, provided however, the applicant may agree to an extension of time. The city council shall after receiving elements. Traffic circulation patterns shall also indicate all of the proposed access points to the the recommendation of the pldnning and zoning commission or after the time of any extension thereof is passed for the com- development area. mission to file their recommendation make tentative approval (3) Parking facilities showing the areas to be used for or rejection of such preliminary plan. Toe approval of the j public and private parking and the approximate Preliminary plan by the council does not constitute the ap. ; capacity of these. Proval of the development but is merely an authorization to (4) The proposed methods of buffering the develop- proceed with the preparation of the final plan Nln the event the plan is approved and the final ment area to adjacent land uses -shall be shown (walls, fences, planting strips, open spaces, etc.), plan submitted does not deviate from thetipreliminary plat and review by the city re. (5) The preliminary development plan shall also show veals that all pinns and specifications for the construction of improvements as required by the city have been met, the information of general interest Including legal final plan must be approved unless both the city and the owner description of the tract, development name, north waive this requirement in writing. Approval of the preliminary Point, scale, date, approximate acreage and name Plan shall be effective for a period ofAtwatva (12) months of owner. The preliminary plan shall be drawn to unless, upon written request of the applicant, the council a scale of not less than one (1) Inch to one hun- grants an extension of the time and if the final plan is not i dred (100) feet. (Code 1966, § 9.52.2(A) ; Ord. No. filed with the clerk within the period of time specified above, 2527) all previous action of the council with respect to the map and Sec. 2738. Same—Preliminary plan fee. plans shall be deemed to be null and void. (Code 1966, g 9,62.2(C) ; Ord. No. 2527) A fee shall be paid at the time the preliminary plan required by Sec. 27.40. Same—Final this division is submitted to the city, in an amount to be established plan. by resolution. (Code 1966, § 9.52.2(B); Ord. No. 2527; Ord. No. (a),tSlx (6) copies of the final plan of a proposed large 74.27.7, § II(A), 4.16-74; Ord. No. 82-3048, § 2A, 2.2-82) scale non-residential development shall besubmitted and shall Supp, Na 12 1834 meet all the requirements of the preliminary plan and shall be accompanied by: i 1835 RfI 11, r Kaa<ati� t $ 2740 IOWA CITY CODE PLANNING 4 2742 (1) A sin ed statement of intent from the developer in- (e) After final approval of the plan, p lan l be valid and effective for g: a period oft ent8four (24)amonths without further action on the part of the a. Evidence of ownership of the property or options to purchase or concurrence in the application by owner, ie p o - ning and zoning commission or the city council. In case de- velopment Is delayed beyond the owner. this twenty-four (24) month period approval of the final plan will expire; however, b. A description of the proposed development. an extension of time may be granted in twelve (12) month in- c. An intended time schedule for the completion of council after receiving a tion fromcremethe planning nts by the t and j the development. zoning commission on the mattery For an extension to be considered the owner must submit (2) All proposed dedications of land for public uses (streets, a writ- tan statement to the city fully explaining the reasons for alleys, malls, arcades, parks, etc.). delaying and an estimate ns to when development will com- petition signed by the owner and his/her spouse menceMAA OrdNo.n2527)complete. (Code 1966, § 9.62.2(D)(1)—(4); petitioning the city council to pave any streets abutting such tract, which petition waives notice of time and place of hearingand waives statutory Sec.'27-41. Same—Final plan fee. y protection and limitations as to cost and assessment. A fee shall be paid at the time the final plan, or a combination of I (4)AA certificate bearing the approval of the city manager preliminary and final plans, required by this division is submitted stating that all improvements and installations shown the to the city, in an amount to be established by resolution. (Code 1966, § 9.52.2(D)(5); Ord. on plan and required by the city have been or will No. 74-2717, § IRB), 4-16.74; Ord. No. i 82.3048, § 2B, 2-2.82) ,;, a made. (b) The city manager shall .cause the final plan to be Sea 27.42. Improvements. examined in order to insure compliance with requirements of this chapter. (a) Specifications. The type of construction and materials, (c) The planning and zoning commission shall study the the methods, the standards of a development or improve - ment under this division shall be final plan and also review the reportb of the city manager and equal to the current speel- fications of the city for like Plans shall approve or reject the final plan within forty-five (45) days after submission thereof to the council by filing their rec- work. and specifications shall be submitted to the city manager for approval prior to construction and the ommendation with the clerk, the same to be by resolution. If construction shall not be started until the plans and specifications have been the commission does not act within forty-five (96) days the approved. final plat shall be deemed approved by the commission; pro (b) Inspection The city manager ed casae the Installs- vided, however, that, the developer may agree to an extension tion of all improvements to be inspected to ensure compliance to of time. with the requirements of this division. The cost of such in- (d) The council shall, after receipt of the recommends. spection shall be borne by the developer and shall be the actual cost of the inspection to the tion of the planning and zoning commission, or after the time of any extension thereof Is passed for the commission to file city. (c) Streets and other public ways. Streets and other public their recommendations, approve or reject such final plan, the ways in developments covered by this division shall conform same to be by resolution. to the following: Ul 1836 Supp. Na 12 1837 �/ A iAvvttiv(.�ivti i... tit\......<\...w..�..... § 27.12 IOWA CITY CODE (1) The development shall make provisions for the con- tinuation and extension of streets as required by the city and shall conform to the major thoroughfare plan. (2) Streets carrying or which have the potential of car- rying non-residential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing and potential residential areas, or (I connected to streets intended for predominately resi- dential traffic. ! (3) Proposed points of access onto public streets and ways shall be shown. Special requirements may be imposed by the city with re- spect to street, curb, gutter and sidewalk design and construc- tion when necessary to accommodate unusual traffic condi- tions created by the proposed development. In the event the city requires extra width streets for the continuation of ar- terial or collector streets (and not to solely accommodate the traffic generated by the proposed development), the city shall pay for the excess of pavement required over that required for a twenty-eight (28) foot local residential street. This excess shall be considered a strip in the center of the pavement. The cost of this shall be calculated by the city engineering office. (d) Sewers. The developer shall provide the development with a sanitary sewer system which shall connect with the sanitary outlet approved by the city manager. The sewer shall extend to the development boundaries as necessary to pro- vide for the extension of sewers by adjacent property. In the event the city requires a sewer system which is greater than is needed to service the development itself, the city shall pay on a pro rata basis for the excess costs over that which is necessary to service the development itself. Other develop. ments or subdivisions which connect with such systems shall on a pro rats basis reimburse the city for the cost of the additional systems which shall service that area. (e) Storm drains. The developer shall provide the develop- ment with adequate drains, ditches, culverts, complete bridges, Supp. Na 12 1838 I PLANNING § 27.42 storm sewers, intakes and manholes to provide for the'col- lection and removal of all surface waters. These improve- ments shall extend to the boundaries of the development as necessary to provide for extension by adjoining properties. In the event that the city requires a storm drain system which is greater than needed to service the development itself, the city shall pay on a pro rata basis for the excess cost over that which is necessary to service the development itself. Other developments or subdivisions which connect with such system shall on a pro rata basis reimburse the city for the cost of the initial system which shall service that area. ' (f) Water. The developer shall provide the development with a complete water main supply system, including hydrants, valves and all other appurtenances which shall be extended to the boundaries of the development as necessary to provide• for extension by adjoining properties and which shall be con- nected to the municipal water system. (g) Sidewalks. A four (4) foot wide concrete sidewalk shall be provided and shall be located pursuant to chapter 31 of this Code of Ordinances. (Code 1966, § 9.62.3; Ord. No. 2627) Sea 27.43. Building permits. (a) No building permits will be issued for a large scale non-residential development until final approval of the final Plan and attendant documents. If approval of the final plan expires, building permits will not be issued until the plan is once again approved. (b) Required buffering, parking and transportation fheill- ties, as determined by the planning and zoning commission necessary to support the phase of the development for which the building permit is desired, shall be included in the build-' ing permit. If the developer knows the stages of his/her project at the time of plan approval, the supporting elements may be determined by the planning and zoning commission for each stage at that time. f, �1�t� (c) Building permits may be issued for buildings which U�'oXl� deviate up to twenty-five (26) per cent of the gross floor area 1839 ! § 27.48 IOWA CITY CODE PLANNING § 27-46 shown on the final development plan and for buildings which by an affirmative vote of the members of the commission. In deviate in location up to the following dimensions as related granting variations and modifications, the commission may to .._ the total area of the development area: require such conditions as will in the judgment of the com- mission secure substantially the objectives of the require - Total Area of Permitted mems so varied and modified. Development Lateral (c) Unusual plans. This division shall not Tract Deviation p preclude the approval of development designs of an unusual type if, in I Up to 10 acres _. 25 feet the opinion of the planning and zoning commission, the general 10 to 25 acres —. 50 feet and aesthetic merit, the preservation of natural and topo- Over 25 acres 75 feet graphic features and the prospective enhancement of the E� f deviations in building size and siting beyond these limits- community would warrant the waiving of technical require - tions are desired or if such deviations change the basic build- meats as set forth in this division. C Ing pattern of the development as finally approved by the (d) Council action. In all cases of variance, modification s city, approval of a modified site plan is required. (Code 1966, or a waiver of the general requirements it will be necessary § 9.62.5; Ord. No. 2527) to have the city council approve the same and note this fact in the resolution approving the development plan. The council Sea 27-44. Exceptions to division may also modify, vary or waive the general requirements on its motion for good reasons shown, even if the planning com- (a) Modification requirements. If in the case of a particular mission refused to do so. (Code 1966, § 9.52,4; Ord. No. 2527) i proposed development it can be shown that strict compliance with the requirements in this division would result in ex Sm. 27.45. Temporary buildings. traordinary hardship to the developer because of unusual (a) Temporary buildings shall be exempt from the provision topography, excessive costs or such non -self -inflicting condi- ' of this chapter. For the purpose of this chapter, a temporary tions or that these conditions would result in prohibiting the building shall be defined as a structure which shall remain achievements of the objectives of this division, the planning on the site for less than two (2) years and its occupancy and zoning commission may vary, modify, or waive general re - or use shall be limited to services which shall be performed i quirements so that substantial justice may be done and the temporarily for the owner of the site, such as construction. public interest secured, provided, however, that such variance, Temporary buildings shall not be occupied by the owner's modification or waiver will not have an effect ofnullif in personnel, or used to conduct the owner's business or activity. the intent and purpose of this. division. The commission ma waive the requirement of the filing of a preliminary plan to (b) It shall be unlawful to occupy or use the temporary allow the submission by the owner of the final plan for the building in violation of this section or to allow the building approval of the commission and city council; provided that, p the site beyond the two n years specified h remain such final plan shall contain all the requirements of be herein. If special circumstances require an extension of the preliminary and final plan. use, the building Inspector may grant an extension not to exceed six (6) months. (Ord. No. 78.2907, § 2, 6-27-78) (b) Limitations. In no case shall any variation and modlfi- Editor's note—Ord. No. 78.2007, § I7, enacted June 27, 1878, was non - cation be more than a minimum easing of the general require- emendatory of this Code and Is Included as § 27-46 at the editor's di scre- mente and in no Instance shall It be in conflict with any zoning tion, ordinance or map. Such variations and waivers may be granted Crus reference—Exceptions to Division 2 requirement, § 27.44. 1840 ` , Bopp. No.1 1841 v , i >xa..<.,..e..:,.,.,,.......... ........ ....... ..................x._.._.,.,,...,,. .....,,......,•.•,..•..M,.,,,.. � STAFF REPORT To: Planning & Zoning Commission Prepared by: Karin Franklin Item: S-8604. New Life Fitness World Date: March 20, 1986 Preliminary & Final Large Scale Non -Residential Development GENERAL INFORMATION Applicant: New Life Fitness World Cedar Rapids, Iowa Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable regulations: 45 -day limitation period: Approval of preliminary and final Large Scale Non -Residen- tial Development Plan. To construct a commercial recreational facility. At the intersection of Mormon Trek Boulevard and Westside Drive in West Side Park Subdi- vision. 2.04 acres Vacant; CI -1 North - vacant; CI -1 South - vacant; CI -1 East - vacant; CI -1 West - vacant (future site of Johnson County Farm Bureau offices); CO -1 General commercial Zoning Ordinance, Large Scale Non -Residential Development regulations, Stormwater Man- agement Ordinance, and Airport Overlay Zone. April 21, 1986 saw E L. k..<...,...............,,..<.� �.. 2 ADDITIONAL INFORMATION: Public utilities: Municipal water and sanitary sewer are available. Public services: Police and fire protection will be provided by the City. Transportation: Access is provided directly from West Side Drive off of Mormon Trek Boulevard. Physical characteristics: The topography of the develop- ment site slopes gently to the west and the southwest. ANALYSIS The New Life Fitness World has submitted an application for approval of a preliminary and final Large Scale Non -Residential Development plan for a health spa in the West Side Park Subdivision, north of Mormon Trek Boule- vard realigned and immediately east of the recently annexed future site of the Johnson County Farm Bureau offices. The spa will include the follow- ing activities and uses: racquetball, weight room, aerobics, Tae Kwon Do, pool and spa, an office, a nursery, and a snack bar. The proposed devel- opment meets all of the requirements for parking, trees and setbacks, and complies with the Zoning Ordinance and the Large Scale Non -Residential Development regulations. Stormwater management for this site is provided through the West Side Park Subdivision. Stormwater runoff from this development should drain to a catch basin on West Side Drive which will carry the water to the West Side Park detention basin. Provision for this will need to be included on the plan. The property lies within the approach zone of the Airport Overlay Zone. Thebuilding height proposed is 29110.5" on a main floor elevation of 738.5 feet. This structure will violate the requirements of the Airport Overlay Zone by extending into the approach zone 7,97 feet. All trees planted on the site should not reach a mature height which would enroach into the overlay zone. The applicant must either modify the plans so that there is no longer a conflict with the approach zone or seek a variance from the Johnson County/Iowa City Airport Board of Adjustment and the Federal Aviation Administration. There are no use restrictions in the approach zone. STAFF RECOMMENDATION The staff recommends deferral of the preliminary and final Large Scale Non -Residential Development plan for New Life Fitness World pending reso- lution of the deficiencies and discrepancies listed below. -55.7.2 %4 3 DEFICIENCIES AND DISCREPANCIES 1. Provide erosion control plan. 2. Design drainage to flow into catch basin on {Jest Side Drive. 3. Compliance with the Airport Overlay Zone. ATTACHMENTS 1. Location map. 2. Letter of Intent. ACCOMPANIMENT 1. LSNRD Plan. /l Approved by: o ' .lam e4n d6 onald sthmeiser, D rec or Department of Planning and Program Development •�V.MQ.u.a.!....a..........a:..a a.......-.wr.:: �: . Alt LOCATION MAP S-8604 1 / 1 r 1. 1 r -ko x.' a..<...t...,< ..............<.«...,.,..,..,:......... .............�.,...........,v..,......,...,.. March 7, 1986 New Life Fitness World plans to build and operate a multi -use fitness facility at the location and of the design indicated in the attached plans. We intend to begin construction on or about April 1, 1986. Completion is scheduled for the fall of 1986. Sincerely, o Ji u ' P ant oL M AR oL R1,rry CKARR i 3950 Wilson Avenue S.W. Cedar Rapids, Iowa 52404 (319) 396-1 000 I it RESOLUTION NO. 86_87 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A MUTUAL BE14EFIT AGREEMENT WITH PHI DELTA THETA HOUSE ASSOCIATION OF IOWA CITY, IOWA, THEREBY CON- VEYING TO THE ASSOCIATION OF PARCEL OF CITY OWNED PROPERTY IN EXCHANGE FOR THE ASSOCIATION'S CONVEYANCE OF A STRIP OF PROPERTY ALONG DUBUQUE STREET, ALL IN CONNECTION WITH THE DUBUQUE STREET IMPROVEMENT PROJECT. WHEREAS, the City of Iowa City, Iowa, has undertaken a project to widen and straighten North Dubuque Street in Iowa City, Iowa; and WHEREAS, the performance and completion of said project will necessitate acquisition by the City of certain property and certain temporary rights in properties, abutting said street, and will necessitate either the removal and reconstruction, or the removal of said private improvements lying upon and/or immediately abutting said right-of-way; and WHEREAS, it has been proposed that the City of Iowa City, Iowa, and the Phi Delta Theta House Association of Iowa City, Iowa, enter into a Mutual Benefit Agreement, pursuant to which it has been proposed: 1) that the Association convey to the City a temporary construction easement over certain Association property for the purpose of removing and reconstruct- ing certain private improvements and constructing certain public improve- ments, all in consideration of the City's reconstruction of said private improvements and restoration of properties adjacent thereto, and (2) that the Association convey a 20 foot X 180 foot strip of property along the eastern boundary of the Association's property in exchange and in consid- eration for the City's conveyance to the Association of a parcel of City owned property lying to the north of and immediately adjacent to the Association's property; and WHEREAS, the City Council did, pursuant to Resolution No. 86-78 , passed and cute asaidvMutualthe Benefi�tdAgreement, of chand dispose of said elare its xcesosC City prop- erty on the terms hereinabove set forth; and Y prop - WHEREAS, following public hearing on said proposal, and being fully ad- vised as to the merits of same, this City Council deems the execution of said Mutual Benefit Agreement and the disposal of said excess City prop- erty to be in the best interest of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mutual Benefit Agreement between the City of Iowa City, Iowa, and the Phi Delta Theta House Association of Iowa City, Iowa, be, and the same is hereby approved as to form and content. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk are hereby authorized and directed to execute and attest said Agreement for and on behalf of the City.of Iowa City, Iowa. AND BE IT FURTHER RESOLVED that the warranty deed form attached hereto and made a part hereof is hereby approved as to form and content. L Page 2 AND BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby au- thorized and directed to execute and attest the warranty deed form at- tached hereto and made a part hereof, conveying certain excess City property to the Phi Delta House Association of Iowa City, Iowa, in consid- eration and in exchange for the conveyance of a certain strip of property to the City of Iowa City, Iowa. AND BE IT FURTHER RESOLVED that the City Attorney be and is hereby author- ized and directed to deliver said warranty deed to the Phi Delta House Association of Iowa City, Iowa, upon receipt of a warranty deed from the Phi Delta House Association of Iowa City, Iowa, conveying a certain strip of property to the City. It was moved by McDonald and seconded by Zuber the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney X Dickson X McDonald X Strait X Zuber Passed and approved this 25th day of March , 1986. 4�1_ ATTEST:„) �{!t CIT CLERK Jr�� MUTUAL BENEFIT AGREEMENT This Agreement entered into by and between the City of Iowa City, Iowa, and Phi Delta Theta House Association of Iowa City, Iowa, owner of certain prem- ises in Iowa City, Iowa, legally described as follows: All of Outlot 33 in Iowa City, Iowa, according to the recorded plat thereof, except the South 170' thereof. Also the South 30' of that part of Brown Street in Iowa City, Iowa, which lies West of Dubuque Street in Iowa City, Iowa. Also that portion of Dubuque Street in Iowa City, Iowa, according to the recorded plat thereof, described as follows: Commencing at a point 60' West and 30' North of the North- west corner of Block 73 in Iowa City, Iowa, running thence West to a 'r point 30 feet North of the Northeast corner of Outlot 33 in Iowa City, Iowa; thence South to a point 170' North of the Southeast corner of said Outlot 33; thence East to a point 60' West of the West line of said Block 73; thence North to place of beginning. Witnesseth: Whereas, the City of Iowa City, Iowa, has undertaken a project to widen and iii straighten North Dubuque Street in Iowa City, Iowa; and i Whereas, the performance and completion of said project will necessitate acquisition by the City of certain property and certain temporary rights in properties abutting said street, and will necessitate either the removal and reconstruction, or the removal, of certain private improvements lying upon and/or immediately abutting said right-of-way; and Whereas, the completion of said project and removal and reconstruction of said private improvements will inure to the benefit of both the City of Iowa City and the owners of the affected properties abutting North Dubuque Street; and Whereas, the parties hereto have determined that the mutual benefits con- ferred will constitute sufficient consideration for the agreements, covenants and conveyances by them respectively made herein. Now, therefore, in consideration of the mutual benefits hereby conferred, the \ parties do hereby agree as follows: 1. Phi Delta Theta House Association of Iowa City, Iowa, does hereby convey to the City of Iowa City, Iowa, a temporary construction easement for the purpose of entering upon that portion of Grantor's property described as follows: ! The East 10' and the East 50' of the North 10' of Outlot 33; and the East 50' of the South 30' of vacated Brown Street in Iowa City, Iowa, which lies west of Dubuque Street in Iowa City, Iowa, and as is shown on Exhibit "A" attached hereto, for the purpose of relocating a sign and a mailbox located thereon, constructing a publicly owned retaining wall on the North Dubuque Street right-of-way along the easterly boundary of said property, removing and reconstructing a drive- r way approximately 50' north and some steps approximately 10' north of their present locations, and restoring those areas upon or abutting the above-described property which are disturbed during construction, all as necessitated by said project. Phi Delta Theta House Association of Iowa City, Iowa, does hereby agree to convey to the City of Iowa City, Iowa, by Warranty Deed, a strip of land 20' x 1801, described as follows: That portion of the Dubuque Street right-of-way in Iowa City, Iowa, according to the recorded plat thereof, described as follows: Com- mencing at a point 60' (lest and 30' North of the Northwest corner of Block 73 in Iowa City, Iowa, running thence West to a point 30 feet North of the Northeast corner of Outlot 33 in Iowa City, Iowa; thence South to a point 170' North of the Southeast corner of said Outlot 33; thence East to a point 60' West of the West line of said Block 73; thence North to place of beginning, as shown on Exhibit "A" attached hereto, in consideration for which the City of Iowa City, Iowa, does hereby agree to convey to the Phi Delta Theta House Association of Iowa City, Iowa, by Warranty Deed, a parcel of land described as follows: Commencing at the northeast corner of Outlot 33 in Iowa City which lies on the west right-of-way line of Dubuque Street; thence north along said Dubuque Street right-of-way 30 feet to the point of begin- ning; thence north along said Dubuque Street right-of-way 85 feet; thence west parallel with the north line of Outlot 33 of Iowa City to the east line of the Iowa River; thence southerly along the east side of the Iowa River to a point; thence east parallel with the north line of Outlot 33 to the point of beginning, subject to an easement reserved in favor of the University of Iowa for purposes of install- ing and maintaining underground lines upon the property for a Univer- sity telephone system, and subject to an easement reserved in favor of the City of Iowa City for purposes of: (1) constructing certain private improvements in conjunction with the Dubuque Street Improve- ment Project as set forth in paragraph 1. above, (2) operating, main- taining and reconstructing existing City utilities on the property, and (3) constructing, operating and maintaining a riverbank walk- way/bikeway over the property if this walkway/bikeway is part of a continuous system to the south. The parties do hereby agree that this exchange of lands shall be accom- plished by mutual exchange of deeds on or before the 31st day of March, 1986. 3. In consideration for the Association's conveyance of property and tempo- rary interests in property, as set forth above, the City of Iowa City, Iowa, does hereby agree to use due care in the removal and reconstruction of said above-described private improvements, and does further hereby agree to reconstruct and replace said improvements in a good and workman- like manner, with improvements of equal or greater value, and does hereby agree to restore those areas disturbed by said project, including those 5aW VT %,-l <....1,. v.........<.„wax i.._.-,. ..1. areas disturbed by the removal and reconstruction of private improvements as aforesaid, which restoration shall include grading and the laying of sod upon said areas. 4. Upon completion of the removal, reconstruction and restoration work as aforesaid, Phi Delta Theta House Association of Iowa City, Iowa, agrees to assume and shall have responsibility for the maintenance of the recon- structed private improvements and of the sodded areas located upon its property or public right-of-way abutting thereto. The City shall, how- ever, retain responsibility for the maintenance of the retaining wall and fence to be constructed on the North Dubuque Street right-of-way along the easterly boundary of -the Association's property. 5. As further consideration for the foregoing, Phi Delta Theta House Asso- ciation of Iowa City, Iowa, does hereby waive its right (1) to have an appraisal made of -the interests herein above conveyed to the City of Iowa City, Iowa, and (2) to a ten-day waiting period between presentation of the City's offer and the first negotiating contact relating to the execu- tion of this Agreement. PHI DELTA THETA HOUSE ASSOCIATION OF IOWA CITY, IOWA c isk] J. Sobo-c1inski President/Vice President. F?.1 U� Stephen J. Snyd Secretary/Treasurer STATE OF IOWA ) ) SS: JOHNSON COUNTY ) 9t� _day of February A.D. 19 85 , before me, the On this � undersigned, a Notary Pu is n an or a tate of fa, personatly'ap- peared Michael J. Sobocinski and Stephen J. Snyder , to me per- sonally known, who being by me duly sworn, di say a ey are the President and secretary/Treasurer respectively, of said association exe- cut ng the within and7oregoing instrument to which this is attached, that (no seal has been procured by the said association) xicli6 88ff1xafff**dx that said instrument was signed ,(*W feelrri>� on behalf of said association by authority of its Executive council and that the said Michael J. Sobocinskiand Sn . Sn der as such offi ers acknowledged the executiono said instrumenteheo Je e vo un- tary act and deed of said association, by it and by them voluntarily exe- cuted. D two No-iary u c n and for said o i y and State • N3.1 Sue A. Dusterhoft 4 CITY OF IOWA CITY, IOWA �� t tam J. m r sco; Mayor f ATTEST: s/Ia ar an , aa r Ciiy L er i, i STATE OF IOWA ) JOHNSON COUNTY SS: On this 25th day of March , 19 86 , before me, the under- signed, a o ary Public to and for sat ountyin said State, personally appeared William J. Ambrisco and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said William J. Ambrisco and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily exec ed. MM rol 1=�No ary Public and for State•.of-Iowa 1,',: •iiiii 1— j4 vein vun W CY oC aa. uui O DBSCRIPrION OF DNrIRB TRACH' All of 1ot 33 in thereof. Iowa City, the Southth 170701therIowa, according to the recorded plat thereof, except Also the South 30' of that part of Bram Street in Iowa City, Iowa, which lies West of Dubuque Street in Iowa City, Iowa. Also that portion Of Dubuque Street in Iowa City, Iowa, according to the recorded plat thereof, .described as follows: Caaiencing at a point 60' West and 30' North of the Northwest corner of Block 73 in Iowa City, Iowa, running thence Dfest to a point 3D feet North Of the Northeast corner of Outlot 33 in Iowa City, Iowa; thence South too point 170' North of Ito Southeast corner of said Outlot 33; thence Fast to R point 601 West of the West line of said Block 73; theme North to place of beginning. DESCRIFfION OF EAS134BNr The East 10''and the East 50' of the North 10' of Outlot 33; and the East s0' of the South 30' of vacated Brown Street in lowa,tity Dubuque. Street in Iowa City, Iowa. , Iowa, which fifes west of PARCEL 19 1110 I'M Delta Holding Assoc. of Iowa City 2004 Ninth Street Coralville, IA SZ241 Property at 729 N. Dubuque Street M3110IT "A" p. q0' VACATED BROWN ST Iw r s(�T uiii �> iiiiiI�-ROW TO BE I... ACOUInED Bf CONSTRUCTION /11. ENT {{ 1����� EASEM M crtr 1,',: •iiiii 1— j4 vein vun W CY oC aa. uui O DBSCRIPrION OF DNrIRB TRACH' All of 1ot 33 in thereof. Iowa City, the Southth 170701therIowa, according to the recorded plat thereof, except Also the South 30' of that part of Bram Street in Iowa City, Iowa, which lies West of Dubuque Street in Iowa City, Iowa. Also that portion Of Dubuque Street in Iowa City, Iowa, according to the recorded plat thereof, .described as follows: Caaiencing at a point 60' West and 30' North of the Northwest corner of Block 73 in Iowa City, Iowa, running thence Dfest to a point 3D feet North Of the Northeast corner of Outlot 33 in Iowa City, Iowa; thence South too point 170' North of Ito Southeast corner of said Outlot 33; thence Fast to R point 601 West of the West line of said Block 73; theme North to place of beginning. DESCRIFfION OF EAS134BNr The East 10''and the East 50' of the North 10' of Outlot 33; and the East s0' of the South 30' of vacated Brown Street in lowa,tity Dubuque. Street in Iowa City, Iowa. , Iowa, which fifes west of PARCEL 19 1110 I'M Delta Holding Assoc. of Iowa City 2004 Ninth Street Coralville, IA SZ241 Property at 729 N. Dubuque Street M3110IT "A" i A WARRANTY DEED (CORPORATE) knout AU Ofn by Quit Priam: That The City of Iowa City, Iowa, a municipal corporation lysing its princip,l pill, of bnimv of Iowa City in Johnson County, and Stab of Iowa [Owe a ceryeralion e19817red and aiding under the hv, of in conddwdior. of the ,um of SI,OD and other good and valuable consideration in had paid does hamby CONVEY unto Phi Delta Theta House Association of Iowa City Groan' Atl/nw the lob. nq d.Ud,yl mieb Johnson lora brt: Commencing at the northeast corner of Outlot 33 in Iowa City which lies on the west right-of-way line of Dubuque Street; thence north along said Dubuque Street right-of-way 30 feet to the point of beginning; thencenorth along said Dubuque Street right -of -ray 85 feet; thence west parallel with the north line of Outlot 33 of Iowa City to the east line of the Iowa River; thence southerly along the east side of the Iowa River to a point of beginning. This conveyance is subject to the reservation of an easement in favor of the University of Iowa for purposes of installing and maintaining underground lines upon the property for a University telephone system, and subject to the vation of an easin favor Of le CitoIowa Citor oes of: reser- constructing certain private improvementsyin fconjunctionfwithuthesDubuque(Street Improvement Project as set forth in a Mutual Benefit Agreement heretofore ex- ecuted existingbCltyGrantor utilitiesOonthe,property,aandg(3)a constructing. operating and reconstructing maintaininq a riverbank walkway/bikeway over the property if thiwalkwy/bike- way is part of a continuous system to the south. i� And Old Cwparation hereby c.",.sh 01i mid yienlros. end wcceswn in interest, that it Aolds aid yell 1 adds by fit4 in Ise Gmpie: that R he, good ed lerful eulhority to ml and convey the wmr, that mid premium .j ora Irea and dmr of ell Ban, and encumbrances whetmwor, as It as may b abon ,toted: and it covenants m f Warrant and Deland the said pmmhm against the brful c:eims o1 dl perwm rhomwevw, ncapt a, may be abov, tleted. II bWed, aM ahn- a„a:. WWI,, whe.ldarnad finial. d.1 b tmrmd as w Ma dnaal.r e, plural evmbar, .a ;n, to M. "IN WITNESS WHEREOF Old corporation hot caused this instrument to be duly asecutad thio 25th day of shah Iq 86 CITY OF/IOWA CITY. IOWA Willlom J risco, Stayor Title y Manan A. rr, Clry C cr M .. n. Johns ` sti fe simi atrer+i,n iw, uranin STATE OF IOWA, On �COUNTY, v; On this 25th day of d A.D. Ia 86 bfon ma rhe undwvgnd, , Nohry P�WIe in ed fw the State of le.e, pwwnally eppmnd William J. fmbrTiCo Marian K. Kerr ed that they am the slaver to nw pw,omay tro.n, .bo, being by ma duly nrwa, did my m,Pecf 7U��ttlya7—•--��ud City Clerk vel,, of aid/aerporatum em,lin 'p and (on n IR6MRItIkrxYRRMipaRTlwulyptNyttMY I I gin 9 imhurn., Y vile!Esse a b nWMa, Ih,t ilhe seal,Mad therNo b the.. of midJY iY�.Ih,t mid inslrumant rm dgmdIW wyN)an bdvWd mwsha 1 4ity CoYn�cil id EorCitX C e adhedry of IY ERMIfxIIS(IatRllll/: slid Met Mn aid Mayor Cit Clerk rolunlary, ,d and dad of mid min ,, �if and by the ecbnldgd tbe aaexvt;an of mid ;nrtvnent so be Met /arpw, ro fed tw tlwn wAmhdly eaeMd. bWa arA1R y - Natery PuNi ,d for aid Call”, and Sill "am Pwa •Iln,..,.r�a-rra.n RESOLUTION NO. 86-88 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY87 APPLICATION FOR IOWA DOT STATE TRANSIT ASSIS- TANCE. WHEREAS, the City of Iowa City, Iowa, has undertaken to provide its resi- dents with a public transportation system, and WHEREAS, the State of Iowa Department of Transportation offers capital and operating assistance to local governmental units for their public trans- portation systems, and WHEREAS, formula State Transit Assistance is being applied for in the amount of $69,520, and special project State Transit Assistance is being applied for in the amount of $22,364; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, that the Mayor be directed to sign and the City Clerk to attest the FY87 applica- tion for Iowa DOT State Transit Assistance. It was moved by Strait and seconded by Zuber the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY x_ DICKSON X MCDONALD X STRAIT X ZUBER Passed and approved this 25 day of March 1986. ATTEST: C Received & Approved By Tho Lvc,Ial Depgftwnl 53� ly RESOLUTION NO. 86-89 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE RELEASE REGARDING THE SETTLEMENT IN CITY OF IOWA CITY, IOWA VS. SHELLER -GLOBE CORPORATION. WHEREAS, there is pending on the Docket of the United States District for the Southern District of Iowa, Davenport Division, Civil Action 83-92-D-2, said action being styled "City of Iowa City, Iowa vs. Sheller -Globe Corporation," and WHEREAS, as a result of mediation, the City of Iowa City and Sheller -Globe Corporation have negotiated a settlement of said action, the terms of which settlement are embodied in the "Release of All Claims," a copy of which is attached hereto and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor is hereby directed and authorized to execute and the City Clerk to attest the above -said "Release of All Claims." It was moved by McDonald and seconded by Zuber the Resolution be a opte ,,an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker —� Courtney Dickson —� McDonald Strait Zuber Passed and approved this 25th day of March 1986. ATTEST:��,,� Rocetvod b Approved Qy Tho Legal Deparfiient 9Zn 53s RE ME GP ALL CLAIMS NNW ALL NEN BY IHM PRES1MB3 Por and in consideration of the am of Thirty-eight Thousand Dollars ($38,000.00) and other good and valuable consideration, this day in hand paid, the receipt of which is hereby acknwlodged, the City of Iowa City, Iwa,for itself and for its successors and assigns, hereby releasor, acquits and forever discharges Sheller -Globe Corporation and its agents, servants, officers, directors, shareholders, subsidiarles, successors and assigns of and from any and all claim, actions, causes of action, demands, rights, damages, costs, experses and compensation whatsoever which the said City of Iowa City, lora, now has or which my hereafter a on account of or in any way growing cut of and and all known and unknown, foreseen and unforeseon damages and the consequences theroof resulting or to result from the accident, casualty or event which occurred during 1981 in the City of Iwa City, Iwa, wherein It is alleged that certain chemicals escaped or were released from Sheller -Globe Corporation's Iwa City, Iowa facility and caused damage to the pollution contrel plant operated by the City of Iwa City, Iwa. It Is understood and agreed that thin settlenent 1s the ccnpradw of a disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the parry or parties hereby released. The City of Iowa City, Iwa, hereby declares and represents that in making this Release, it is understood and agreed that the City of Ian, City, Iowa, relies wholly upon its judgment, belief and knowledge as to the nature, extent, effect and duration of the damages and liabilities therefor and this Ike lease in made without reliance upon any statement or representation of the party or parties hereby released or by their represantativas or by any person by than employed. The City of Iowa City, Iwa, further declares and represents that no pramiee or indnceaant or agreement not herein expressed has been made to it, that this Release contains the entire agroemant between the parties hereto, and that the terns of this release are contractual and not a cure recital. It is further understood that this Release pertains to and is intended to extinguish all claims which were presented or which could have been presented in Civil Actim Nos 83-92-D-2 m the Dxket of the United States District Cart for the Southern District of Iowa, Davenport Division, Said action being styled, -City of Iowa City, Iwa vs. Sheller -Globe Corporatlm• and the City of Iowa City, Iowa, will dianiss that action with prejudice to another action, each party to pay its own crate. ExECUTilI AND DELIVERED THIS 25th OkY OF March , 1986. CITY OF IOWA CITY, IOWA WITNESS WITNESS MAY By I c1TY a.ewc RaorNed a A"v d STATE OF IOM The las-1 Depadnnnl 7 is BL ):SS COUNTY OF Mossm ) on this 25th , 1986, before m, Doris J. DCNbrce ; a Nottyary f chrcHSliin end for the State of Iowa, Fm---IIY aPpea r fan J. Anbriscoind lbrian K. Karrto she Personally knwn, andwho, bairq by m duly euorn, did Ray that they ars the Mayor and City Clerk, respectively, of the City of Iowa City, Iwa, that the Seal affixed to the foregoing instrument is the corporate seal of the corporation, and the inSt[arent was Signed and sealed on behalf of the corporation, by authority of Its City Council, as contained In Resolutim No. 86.89, passed by the City Council, under roll call nunber n o of [tie city �1 on the 25th day of March 1986, and that WillsonJ.Arbrinsund FLarian K. Karr adrnwledga tf emostim of this in tn"n_t to [hair v0M_nE­arY­ac_ta'9 deed and the voluntary act and deed of the corporation, by it voluntarily exacted. IN WITNESS WHEREOF, I have hereto subscribed my rare and affixed my official Seal this 25th day of ibrch , 1956. Nx/1'ARY POiLi IN ANO FORTf1E SLATE OF IOWA 2 .4 H 4tE2e - i2hN4 %ole RESOLUTION NO. 86-90 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE MID -EASTERN IOWA COMMUNITY MENTAL HEALTH CENTER FOR THE USE OF 1986 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO AC- QUIRE, REHABILITATE AND UTILIZE A FACILITY FOR THE TREATMENT OF INDIVIDUALS HAVING MENTAL DISORDERS. WHEREAS, the City of Iowa City is the recipient of 1986 Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City of Iowa City deems it in the public interest to provide assistance to those persons needing treatment and support services for their mental health; and WHEREAS, the City of Iowa City wishes to utilize a portion of such funds to assist in providing treatment facilities for persons having mental disorders and to engage the Mid -Eastern Iowa Community Mental Health Center to acquire, rehabilitate and utilize a structure for its treatment and support services programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the Mayor be authorized to sign and the City Clerk to attest an agree- ment with the Mid -Eastern Iowa Community Mental Health Center to acquire, rehabilitate and utilize a treatment and support services facility for indi- viduals with mental disorders. A copy of said agreement is attached to this resolution and is incorporated by this reference herein. It was moved by McDonald and seconded by Dickson the Res olu ion e a opte an upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco �— Baker R Courtney x Dickson x McDonald x Strait Zuber Passed and approved this 25th day of March 1986. ATTEST: Received a APa'eved By T,p La;lal Depmtmrnt 6�31� AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE MID -EASTERN IOWA COMMUNITY MENTAL HEALTH CENTER FOR THE USE OF 1986 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS A TO ACQUIRE; REHABILITATE AND UTILIZE A FACILITY FOR THE TREATMENT OF INDIVIDUALS HAVING MENTAL DISORDERS THIS AGREEMENT, entered into this 8th day of April , 1986, by and between the City of Iowait�y, a municipal corporation herein re- ferred to as the "City") and the Mid -Eastern Iowa Community Mental Health Center, a private non-profit corporation (herein referred to as the "Grantee"); and WHEREAS, the City is a recipient of 1986 Community Development Block Grant T I (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City wishes to utilize a portion of such funds to assist in providing treatment facilities for persons having mental disorders and to engage the Grantee to acquire, rehabilitate and utilize a structure for its treatment and support services programs. NOW, THEREFORE, IN PERFORMANCE OF THIS AGREEMENT, THE PARTIES HERETO AGREE TO THE FOLLOWING: PART 1 I. PURPOSE AND SCOPE OF SERVICES: A. The Grantee shall use the funds being provided hereunder to acquire and, to the extent necessary, rehabilitate a structure in the City of Iowa City (the "Property") which shall be utilized as a treat- ment and support services facility for persons having mental disor- ders. B. The Property shall meet the following criteria: 1. It shall be located within the corporate boundaries of the City of Iowa City, Iowa. 2. Upon completion of rehabilitation, the Property shall conform to all applicable laws, codes and ordinances of the City of Iowa City and the State of Iowa, including, without limitation of the foregoing, the City of Iowa City Building Code stan- dards. C. Prior to acquisition, the Property to be acquired shall be appraised by a qualified appraiser. D. Selection of the Property shall be made by the Grantee with written t concurrence of the City. i 6-310 I r II. R1 E. Technical assistance in the acquisition of the property and in the rehabilitation of the structure shall be provided by the City: The City shall determine that property acquisition and structure reha- bilitation procedures meet HUD standards. F. Following completion of acquisition and rehabilitation, the Prop- erty shall be occupied and utilized by the Grantee solely as a facility for the treatment of persons having mental disorders. TIME OF PERFORMANCE: The Grantee shall perform according to the following schedule. This schedule is subject to change only upon mutual agreement of both par- ties, in writing: Program Element Deadline 1. Acquisition of Property June 1, 1986 2. Contract for Property Rehabilitation July 1, 1986 3. Completion of Rehabilitation September 30, 1986 4. Facility in Operation October 1, 1986 - September 30, 1993 III. PROPOSED PROJECT BUDGET: A. Acquisition of Property $ 85,000 B. Property Rehabilitation $ 30,000 TnTIM IV. COMPENSATION AND METHOD OF PAYMENT: i The City will pay, and the Grantee agrees to accept in full, the amount of one hundred fifteen thousand dollars ($115,000), as follows: A. Partial payment, in an amount not to exceed the appraised value of the Property, shall be made at the time of the closing of the pur- chase of the property after presentation to the City of properly executed real estate sales agreements and all relevant financial agreements for the purchase of the property. Said partial payment shall be contingent, however, upon procurement of insurance as required under Section V.C. of Part 1 of this Agreement, and deliv- ery to the City of a Statement of Lien, fully executed and with blanks appropriately completed, in the form of such Statement of Lien attached hereto as Exhibit A. Such Statement, shall be re- corded by the City in the Johnson County Recorder's Office. B. Further payments shall be made upon presentation of invoices from the contractor for progress payments for rehabilitation improve- ments completed, together with executed lien waivers covering all amounts to be paid. The City shall determine whether proposed and actual rehabilitation work meets the required minimum standards. %<3� fl 3 C. The total of the above payments shall not exceed $115,000. D. The project shall not be considered complete until after receipt of lien waivers covering all work and materials installed, the issu- ance of a Certificate of Occupancy, and the Grantee's certification that all work has been completed to its satisfaction. V. TERMS AND CONDITIONS OF OWNERSHIP: A. Title to the Property shall be vested in the name of the Grantee, the Mid -Eastern Iowa Community Mental Health Center. B. The City shall assume no responsibility or liability for the main- tenance, operation, or program funding of the Property and/or the Grantee. C. The Grantee shall, at its own expense, procure and maintain during the period of this Agreement, all-risk property damage and liabil- ity insurance to be effective as of the date of possession of the property. Property damage coverage shall not be less than the current market value of the property, and liability coverage shall not be less than $100,000 bodily injury per person or $300,000 bodily injury per occurrence. Proof of insurance shall be shown by furnishing to the City a copy of a duly authorized and executed Policy issued by an insurancecompany licensed to do business in the State of Iowa and, for subsequent years, receipts showing payment of premiums or a replacement policy, whichever is appropri- ate. D. The Grantee shall not sell, assign or transfer any legal or equita- ble interest in the property at any time prior to September 30, 1993, without written approval of the City. In the event the Grantee elects to sell or otherwise transfer legal or equitable interest in the property prior to September 30, 1993, the Grantee.shall pay to the City a prorated share of the $115,000. The prorated share shall be the balance remaining after deducting $1,369.05 from the original $115,000 for each month elapsed under this Agreement after September 30, 1986. E. Except as provided herein, the term of this Agreement shall be from the date of execution through September 30, 1993. F. This Agreement is subject to and incorporates all other terms and conditions set forth in Part 2 hereof. .�............... 2 PART 2 I. PERFORMANCE AND REPORTING: A. Until at least September 30, 1993, the Grantee shall maintain at the Property, in a manner satisfactory to the City, an ongoing program of treatment and support services for persons with mental disorders. B. The Grantee shall direct all notices, reports, insurance poli- cies, payment requests and all other correspondence related to or required by this Agreement to the Office of the Iowa City ComWashington Streetunity , I waent BCoity,ck GIowa 2240.rant The oCityashall dirdintor, 410rect j all notices or correspondence to the Grantee at 505 E. College I Street, Iowa City, Iowa 52240. Either party may change its address by giving written notice to the other. C. Following acquisition of the Property, the Grantee shall submit monthly reports to the COBB Program Coordinator's office by the fourth of each month until completion of all rehabilitation and expenditure of all CDBG funds disbursed under this Agreement. D. Following completion of the rehabilitation projects, the Grantee shall submit quarterly reports by the 30th day of January, April, July, and October for each contract year. quarterly re- ports shall, at a minimum, include statistics pertaining to the number and permanent place of residence of persons utilizing the programs and services of the facility. In addition, an audited report which meets the specificationsset forth ments,"nandOwhichular discloses�theudits of expendituretofand COBGfund ocal soallo- cated for the acquisition and rehabilitation of the treatment facility shall shall albsubmitted beb so submit aopyOfiFebruary auditu9 each Bo th7. eeCitynfor ts shall extend beyondcontract ear. No S ptember 30, 1993, except�thateafinal unquar quarterly report shall be submitted by October 30, 1993. E. Not later than October 31, 1986, the Grantee shall provide the City with a statement certified by the President of the Mid - Eastern Iowa Community Mental Health Center Board of Directors, detailing the expenditure of funds disbursed under this Agree- ment: II. OTHER REPORTS AUDITS AND INSPECTIONS: A. The Grantee shall promptly furnish the City or HUD with such statements, records, data and information as the City or HUD may reasonably request pertaining to this Agreement. B. During the term of this Agreement, at any time during normal business ours, the Grantee shall HUD and/or the a the Comptroller General of the ke lUnited ostates, oor 624 MTXNva(ti+ta+ii\+t`.a aww\a ai :colas.+n'na.irv:: :'.'.a .1 their duly authorized representatives, all of the Grantee's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employ- ment, and other data relating to all matters covered by this Agreement. C. The Grantee shall retain financial records, supporting docu- ments, statistical records, and all other records pertaining to expenditures under this Agreement for a period of three (3) years after the termination of this Agreement. D. The Grantee shall take reasonable precautions to protect the privacy interests of persons seeking and/or receiving assistance at the Mid -Eastern Iowa Community Mental Health Center. III. CONTRACTING AND PROCUREMENT STANDARDS: The requirements of OMB Circular A-128, Attachment 0 (Procurement Standards) of OMB Circular A-110, and OMB Circular A-122 (Cost Prin- ciples for Non -Profit Organizations) shall apply to the use of funds disbursed under this Agreement. The City has provided the Grantee with copies of said OMB Circulars, and the Grantee hereby acknowl- edges receipt of said Circulars. IV. NON-DISCRIMINATION: No person shall be excluded from or denied the services of the Mid - Eastern Iowa Community Mental Health Center facility on the basis of age, race, color, creed, religion, national origin, sex, marital status, sexual orientation or disability. A majority of the benefi- ciaries must, however, be low and moderate income persons, elderly, i handicapped or disabled persons in need of services provided by the Grantee. V. EQUAL EMPLOYMENT OPPORTUNITY: The Grantee certifies that it is an "Equal Opportunity Employer" and ` that it shall comply with Chapter 18 (Human Rights) of the Iowa Cit Code, Chapter 601A (State Civil Rights) of the Iowa Code, and all app icable regulations of the U.S. Department of ou—fi- sing and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, the Grantee shall ensure that all contracts for work under this Agreement contain appropriate equal employment oppor- tunity statements. VI. ENVIRONMENTAL ASSESSMENT AND HISTORICAL PRESERVATION: The Grantee shall assist the City in complying with all environmental assessment and historic preservation requirements of HUD and the State Historic Preservation Officer of Iowa. 5,3� 9 r VII. LEAD-BASED PAINT POISONING PREVENTION: The Grantee shall comply with the requirements of the Lead -Based Paint Poisoning Prevention Act (42 USC 4831 et seq.) and HUD regula- tions thereunder (24 CFR Part 35) insofar as they apply to the per- formance of this Agreement. VIII. TERMINATION OF AGREEMENT FOR CAUSE: If the Grantee fails to fulfill its obligation under this Agreement in a timely and proper manner or if the Grantee violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving writ- ten notice to the Grantee specifying the default or defaults, and stating that this Agreement will be terminated �30 days after the giving of such notice unless such default, or defa�are remedied within such grace period. In the event of such termination, the Grantee shall repay to the City the full amount of $115,000 or the portion of such amount which has been paid to the Grantee prior to such termination or, at the option of the City, shall convey legal title to the Property to the City of Iowa City. IX. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States and no Resident Commissioner shall be admitted to any share or part of this Agreement or to any benefit to rise herefrom. B. No member of the governing body of the City, no officer, em- ployee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval or carrying out of the project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Agreement. X. INTEREST OF THE GRANTEE: The Grantee covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services to be performed under this Agreement. The Grantee further covenants that in the performance of this Agreement, no person having such an interest shall be employed by the Grantee. XI. ASSIGNABILITY: The Grantee shall not assign or transfer any interest in this Agree- ment without the prior written approval of the City. I n 7 XII. HOLD HARMLESS PROVISION: The Grantee shall indemnify, defend and hold harmless the City, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the performance of this Agreement. XIII. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIPS: The City shall not be liable to the Grantee, or to any party, for completion of or failure to complete any improvements which are part of the project. Nothing contained in this Agreement, nor any act or omission of the City, the Grantee or any employer or agent of the parties, shall be deemed or construed by any of the parties, or by any third persons, to create any relationship of third -party benefi- ciary, principal and agent, limited or general partnership, or joint venture, or of any association or relationship involving the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 8th day of April , 1986. CITY OF IOWA CITY r• i yor ATTEST: %h„w:m J e mit¢ er MIO -EASTERN IOWA COMMUNITY MENTAL HEALTH CENTER By: Boar 'If resident ATTEST: U Executive Director Received & Approve] Legal Depa men' By Th 3 l9 �6 z L. .......... :,::,. _.0 ........ Exhibit A STATEMENT OF LIEN The undersigned hereby agrees that the following described real estate, located in Iowa City, Johnson County, Iowa, is the Property referred to in the attached Agreement. To wit: IN WITNESS WHEREOF, the foregoing instrument is executed on behalf of the undersigned, by authority of its Board of Directors, on this day of , 1986. MID -EASTERN IOWA COMMUNITY MENTAL HEALTH CENTER By: j STATE OF IOWA ) SS: JOHNSON COUNTY ) On this day of 19 before me, a Notary Public.in a—n for the Sta e o owa, personally appeare L to me personally known, and who by me being duly sworn, did say Tiai—ihe person is the President of the Mid -Eastern Iowa Community Mental Health Center, a non-profit corporation, no seal has been procured by the corporation, and that the instrument was signed on behalf of the corporation by authority of its Board of Directors, and the person acknowledged the execution of the instrument to be the voluntary act and deed of the corpora- tion, by it and by the person voluntarily executed. I SEAL Notary Public in and for the State of Iowa i � i RESOLUTION NO. 86-91 RESOLUTION ADOPTING THE REVISED ANNUAL BUDGET, FY86, ENDING JUNE 30, 1986, FOR PUBLIC HOUSING PROJECT IA -022003, IA05PO22004 AND IA05P022005. WHEREAS, the City of Iowa City has in effect an annual contributions contract No. KC9166 for Project IAo22003, IA05P022004 and IA05P022005, and i WHEREAS, the Department of Housing and Urban Development requires the adoption of the annual budget and any revision by formal resolution. I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF I014A CITY, IOWA, in its capacity of the City of Iowa City Housing Authority that: 1. The Revised Budget for the referenced projects as shown on the attached forms be adopted. 2. The proposed expenditures are necessary in the efficient and economical operation of the Housing Authority for the purpose of service to low-income families. 3. The financial plan is reasonable in that: a. It indicated a source of funding adequate to cover all proposed expendi- tures. i b. It does not provide for use of Federal funding in excess of that payable under the provisions of these regulations. 4. All proposed rental charges and expenditures will be consistent with provi- sions of law and the annual contributions contract. 5. The Iowa City Housing Authority is in compliance with Section 207(a) of the ) Annual Contributions Contract, which states in part that the Housing Authority is re-examining the incomes of families living in the project at least once a year. It was moved by Strait and seconded by Courtney the Resolution be a opte , an -upon call there were: AYES: NAYS: ABSENT: j X Ambrisco X Baker —� Courtney --X Dickson - X McDonald --X Strait —�L Zuber Passed and approved this 25th day of March 1986. � n A OR NNN i ATTEST: hAi CI CLERK Rooetved & Approved By The Logal Department 3 Z' 537 r NUD-s}Lu 537 UA. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Maw el wc. u. u....nn LON-RENT HOUSING PROGRAM OPERATING BUDGET Iowa City H ... 1n Autharlt P. Fbnl Y.r EMI.A June 30 it86 T. •u,u ❑oRlGlx•L 0..Vn1ON NO. 2 Iowa CStya Johnson County. lova MICE, KC9166AWTLI REQUESTED BUDGET ESTIMATES PllatcT A. 1 1.6 IA022007, IA05PO22004 6 lAOSP022005 NE.. N ANumM.1.1 Muo MomrIOAnONs .E r xx .um v.uanlu' 6/70 Er r LNAAMNA.l ANN, 0 LMA•LrNJ}N�w�.Y10 lE B5 .MOYxf •MOUNT INa10 w4aa,-,ad PAN. u rTNwanll0 MUM IT,Nax.r110 LMAAM.—.rnLy 0 Alrnl, laa Cawu, 0 Llx[ MO. III Ill Ill lal 1t1 o TMER E.IFx01} P 810 PMw Yu. Al a e20 DNIl PRD Tot Color Total r E.PmINwn evo TOTAL OPERATING 1.1Ex01Tuals 112.86 139.31 99.470 RESIDUAL RECEIPTS (OR DEFICIT) BEFORE NUD COMTRIaIN 900TIONS ORO PROVISION FOR OPERATING RESERVE, 4 8.43 110 910 Bole Amwl CmUl0u0m IL..,M Pn sa) RESIDUAL RECEIPTS IDR DEFICIT) BEFORE OTHER NW COIL q0 TRIBUTIOMS AND PROVISION FOR OPEUTING RESERVE) 1 68.4 11 10.94 .15 Ito at HER a= CONTRIBUTIONS 930 OPANNnn. . WF W S.11.1 Food, SuYald, veo r.LI an., HUD e.r,nal.n. 910 Ru Uusl R.upu (w D.11eul MIsrN Rums 48.43 10n.ulm Ir Mw.mA Kuno 24.09 .1 110 900 Ruldrl R.nlp Iw ONIINIq 24.34 OPERATING RESERVES FOR A CONTRACT OR PROJECT LINE POT I — NPdaNN 0,.Iiy R.. n. — x0. ERd J C." BPdpt Y. SECTION A - LMA~0 RENTAL MOUSIMO S 01 O,N4NII 150%) .1 L1..200-C.1—S-for. HUD -]]SL I.—CmH.e, 44,880 LECTION e - LMMLE.SED ...SHO - SECTION }} OR III m O..ANR ISORI J u..600-GIN.N s-Fw.NUO-115"Ir.P,.u, SECTION C—.40RMED 09 Luuo Nounxo. NGNEwNusNlr 02 OVA41aff (SOF) J Lon AGO -C.Irm S- FMA H D-SlISL lw N P,, .a L 0-.Nlyd OLIM) .1 Llu OW -C.1— 3- F. HUD423dA I. • P,N.. ANN Tom ISN. d Linn 02 sM LI Rd It - PIR.II l.R SAM ENI Elli.%d No ACTNRI OW -11" Rn.nn n Too, End 01 R—.1 End.1 Pmbu. III ... I Ynr -AauNl E37,850 02 Pr..I,In Ir bunr _ C- . a"" To. - EMLnMa%aSBIX 110 01 A ... N..'Bad of Gotta, BJs.l Y.-Enl.s.d nvTRait 47,970 OR P -161m IN Rnm.-RnP.IJ BJP, Tm-E.n..,.d 6,120 10 Do— At EV, .1IT...... BJnr Tnr - [,rl..W 47.970 Lw APPROVAL) Lyle G. Seydel, Housing Coordinator /r 7-26-86 (a-aaa TH" nunlr.) Mo.' AREA OFFICE APPROVAL 'Xao, rM TIHa "IMM1 ra,x1 537 RESOLUTION NO. 86-92 RESOLUTION ADOPTING THE ANNUAL BUDGET, FY871 ENDING JUNE 30, 1987, FOR PUBLIC HOUSING PROJECT IA -0220031 IA05P022004 AND IA05PO22005. WHEREAS, the City of Iowa City has in effect an annual contributions contract No. KC9166 for Project IA022003, IA05P022004 and IA05P022005, and WHEREAS, the Department of Housing and Urban Development requires the adoption of the annual budget and any revision by formal resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, in its capacity of the City of Iowa City Housing Authority that: 1. The Budget for the referenced projects as shown on the attached forms be adopted. 2. The proposed expenditures are necessary in the efficient and economical opera- tion of the Housing Authority for the purpose of service to low-income fami- lies. 3. The financial plan is reasonable in that: a. It indicated a source of funding adequate to cover all proposed expenditu- res. b. It does not provide for use of Federal funding in excess of that payable under the provisions of these regulations. 4. All proposed rental charges and expenditures will be consistent with provi- sions of law and the annual contributions contract. 5. The Iowa City Housing Authority is in compliance with Section 207(a) of the Annual Contributions Contract, which states in part that the Housing Authority is re-examining the incomes of families living in the project at least once a year. It was moved by Strait and seconded by McDonald the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney X Dickson X McDonald X Strait X Zuber Passed and approved this 25th day of March , 1986. ti Rocelved 8, Approvr:! ATTEST:., i py a tcllcl Department Cl"CIi9' C 5.3g 1]1117 F- ew: i... •n •'7 HUGnm4 ,538 US.DO.RTUENT OF HOUSING AND UPSAN DEVELDweNT -is .1 ......... IRS .non.Tnn L0. -.ENT HOUSING PRDDRAY LHA-O.,W Rwr.l Hr.l .................. }, OPERATING BUDGET LHA-Ln..d 21 As Igel..... M fl.A.l Tsr Ledne June 30 1. 87 ENA-0.Red-He....+.Air............. LHA-LSW-Hese. ,.hi7............•11 ©........ =auto EIGN pea. LHA.CN..Ty Pr.l•eNbinlumaiM Counter.Q Y .A 1..1.041111 ...IN." ..UN lova Clty Housing Authority Phone: 319/356-5138 KC -9166 Civic Center. 410 E. Washington St.. lova City. Iowa X. L,.I, . eT eO,,,, IA021003, IA05POZ2004 4 LA05PO22005 .0.0.1..e. o. unn YONTM o. Iowa City. Johnson County. Iowa IN r. L4uurn 62 744 o..1. OFF.,.. N. ...... .L Deem I ALTu"CONA REQUESTED BUDGET ESTIMATES LAST aR "Fre, MtlIUI .ulr c.Nn[H Les [ETIYATu nuG YoornuTIGNE aumeT rEA r 85 .YGYNT AYDUMT I. 86 Fw rr.x.....r Am r.xtata.ru. Ewe xG. 1.l 11. nl lAl al m nI H...Lrpn WnrMl Sam. .1. F.rr 001 Orennn E. pe.... OOl E ... . IN... Pim-H, Aeuunl D0] N.v.Wl.0 Y.muse.s. R...... 001 Tn.l ars'-Orta A..unr l.r.ILYu...1 1 a 003 Emu rG 111111. aM 6s A.. u.. 001 H....q.n go -AI P.. nlC.nu.l OPERATING RECEIPTS. 910 D..nlnr R....1. 150.18 130.74130.7 97.300 070 iisEm... Vul01u WO t N.ye.Olq R..na. �� ..el stall! nu.. 150.18 130,78130.76 97 300 739 A Im.n.1.. GHmmI fend I.e Hasome 10.65 5.621 5.6 4.180 040 O Olson OR.tarI.P Retain. 4 3,07 3,0 2,280 090 TOTALOPERATING RECEIPTS EXCLUDING HUD CONTRIII. 161.22 152,47 122.4 -10 2,760 DERATING EXEENMTURES. ocaunETRmo.. IID S.Hdo 70 4 40 IID A41.I.nabn 4pea... OOHN Ton S.I.I.. 12.59 11.65 11.6 8,670 190 T.le1 Ad.inbn.us E.peo.. 42.08 51,62 51.621 38,410 TENANT MINES, 710&1 110 Rerrsus, P.011odss and Oder Senlru IS Cannon Co.. - THIm., and Olow ]00 T ... I T....1 S ..in. Exre.Yes UTILITIES. ]ID LAW mo UNIIIIe. 3.28 3.170 7Po F Final WIINI s EHNN . 3.28 3.170 M ORDINARY MAINTENANCE AND OPERATION, a0 .air a Leber 19.81 26.71126. 19 870 470 u f AMYd.1. 6.92 S 840 4]9 Q° cYm..r Cur. 0 750 t O T...1 ondHen wl.amen.. ad (installs. E.FAA .... 47.57 35,400 PROTmrne uRVlcel. 440 AN LAW OO . WurMl. 419 C.mr.e, Cast. Mc T.tal Ism ilia. Se..Ho Expenses GENERAL EXPENSES. SID 1,...ees M 12.18 370 P.le.sr. In Liao of Tape. 14.69 12.65 12.65 9,4 0 S]0 Seminal Lo.. Fn...M me E.gloes B.sln Csnl Wrl.n. 330 C.IIer1Is toes. 1.34 1 000 $60 Orher Gen.1 Gpesn so THAI GpeeM Lgenes. 4 s TOTAL ROUTINE EXPENSES 104.13 136.27 37.62 102 390 410uxn TO 0101 LEASED DWELLINGS TOTAL OPERATING 11.11X11[ x0xR0UTINE E V 11...ITW [N no a 'a.....a.. Ma.l...ne. nD ; PASS ........ I [ 2.75 110 O Ro Non-a.4A4 H. O4 740 .V Olin HAN NIAP E. .arm.. 99 i TOUL HONRDmwE IMAGE UU B 77 .04 HUGnm4 ,538 J r,.. ].1 I Yl DEPARTMENT OF HOUSING.NOWRAN OlVELOPNENT .a•w[.♦.Mrvamn LON-RENT HOUSING PROGRAM Iowa City Housing Authority OPERATING BUDGET Fr PI ... I V.., EM MI June 30"s H B] IOwa VG Ci[y, Johnson County. love ®oNIOINAL QR[V uION No. • RC -9166 I..Ld I., na REQUESTED BUDGET ESTIMATES Wr ••aNcr NR.uu UNCAL IA022003, IA05PO22004 6 IA05PO22005 r[u RIM[N L"" RanM.rq Nuo MoolnurlONl [°°°[r ra G• NIA.mlru"AD Naaaluu w LNA.0...IJ1....1 ❑ n 95 ,r96 AMouNr ANOUNr LWL.-. $Ml..M]3. lgel ❑ yM. jjv.Ah w •RAM rvM u Rm.r..ma •RAM (bewHllr LW-0-1.1.HewjA—Sir ❑ Alr.mmlw Cavum ❑ Lix[ NO. II. Ill Ill In Fel Ill OTHER ESRN IT R IID Pl Y.., AJ. 20 o,6r c.1.mN,� $30 T.I.I O16, E.r.Jbmo 490 TOTAL OPERATING EXPENDITURES RESIDUAL RECEIPTS FOR DEFICIT) BEFORE HUD CONTRHD 900 TIONS AND PROVISION FOR OFEMTING RESERVE, 48.4 .15 1.8 1,370 910 B.Ik AMMNI C.MNIlMuMm IL .... 4 P1.1.,0 RESIDUAL RECEIPTS IDR DEFICIT) BEFORE OTHER "An COIR y]0 TRnYT1DNSAM PROVISION FOR OPERATING RESERVG 48.4 .15 1.8 1,370 o9 HER "UD CONTRIBUTIONS 930 r.Nus .bdT 91 SNA,.j . V S.L.Ip 960 T.nI 0161 HUD CM.10611... 9)0 RNIINI R.bIH. Ir Ddl,lO SNr. Rom. 48.43 . L5 1.8 1.370 40 .HHN Ir ONTI.I R.,.1.. 24.0 .15 1.8 I 370 990 R.uJra RuHHr Ir DHI<ul OPERATING RESERVES FOR A CONTRACT OR PROJECT LIME PRT I - IIsNNNR OPHNSM, R.... - No. End.I C.0 Bolve Y., SECTION A - LH4-0.NED RENTAL HOUSING { 01 O..Jwll ISM).1 LI.. 600-C.Im- 3- FM. MUD -325" l.. • C......1 51 195 SECTION B - LWAEASED HOUSING - SECTION ]I OR IHC, E] ON4r11 DHH0 LIN 100-C.1... 9-F—HUD-52SU Ir. PA.., SECTION C - LAA NHEO oR LEASED HOUSING. MOMEONNERSHIP 0] O..J+51 (5n) .1 Li- 600 -C.1 -5 -Fa. HUI ISW Ir. P,..., M O..NHIIJ IWMI .1 LI..001-C.1—S-Fa HUD -52361 Ir. P,.MH TAW (" .1 LINA. Ol.M GI P." II - hwlNw h d EIHrdM IN A[1r1 OW.11, RNNTVN at Yra. End 06 Ret—o H Ead H PndNr PRIM Yeer - AHNI S 43.970 07 P,NbIN 1. RNa... C.A. BW9.1 Yor - e .... 01NIZAIl RYIt 04 R..N.. If" .1 CN11N1 aw,w YNr-EHI..NJ N ACINI O9 F,NI.I.M Ir RUN..- Room" B.1.91 Y.N. EaIIBNN 1.370 10 R.HN..1 EM .1 BWB.1 VAN, -EHI..M LHA APPROVAL, Lvle G. Seydel, Housing Coordinator nlNA. r THM, "N., f IorN AREA OFFICE APPROVAL INS. NJ }111.1 lNNula,l IG. MAI P '.. �:avatatJ. r+v A lova f r ynN Ir.F• I N.I ..1^`aNrp BYAMI FNwr Frrr N.. FYFwi Y�I INl krwrq of g.esN 0.NdlNNIINNo Fl ..I low 6.e1M J,,, 30. . Ie87 .. _. .=.y9 City-0¢n•Sna_Av[h¢CSLY__- OnnnM a...10. D..ILy a•n.•, 1•0..-1.u. Ir Nw.n. Fe, NUDrJsJ A. . 4e,1•. 11 LN.N 4r M4.1. wrr..l N LA.,, ......Ir.N.I LMA--Ah,son,all-As-. .,.14.01-1 n,N.,w1,11. 1w r..•rn.,-11A. M•Iw.N•Fsol WA•.r.✓L sod. C...LH. r.b..-.1-1-yo. sol w.N w..N NAW INrr..M.Mrr'Nrb A.Y- solus..". -Al, low'. all 41M'A. A.... N arJpl Y.0 F,, S-1- 23 Lm" A.r.u4 •'•,•'A• so -14' .I -14 r•1w Iwy A. loUN INN Ml.q w ".1w r ••, -ulLb , n.IN.J. 11 r. Acl,"j. Nd•in ANMI lr N,iN'r N rel n nn. by LMA we/a, wH: ,All 62 unite are under lease. There has been a turnover of 13 units during the first 8 months of FY86. This has resulted in little or no actual rental loss, however, the P.U.H. average has decreased from $150.18 in FY85 to $130.78 during the first 8 months of FY86. This large and rapid decrease was caused by HUD regulations prohibiting selection of tenants above the 50% median. the increase in allowable deductions, and loss or reduction of income by several existing tenants. All 13 replacement tenants had lees income than those 13 previous tenants. The average P.U.N. of $130.78 x 744 units - $97,300 projected rental income. E.,.., UulleN: INDT IN SNuw sol L.,..J 4osnp1 C4.A N Asole..rw in ln. 1...e nrMl. "014r". Lb.er 1bs.2. •ed.1. W1. r .a•n nlih .r.rolos. F..,•MW GNINl.4rl aloo$rw.os ON.100.1. ww..l.. el Nw. rr.Ilowa. o"IM2.... CiN.lbniN Mr..I wNMI rWNr•ll•••:.•e. GFI•In •wIdF.W .4M•• hdlwnrnrN44wo .Rd.11l Nw. ..nN11.,N s4nr n M uHl •war d.......nIN/ a4rp Iw.M A. ayr.HUNer you. 1. Ynbh Swuaos Sv.Mrr4 Go. ElrloMiry� C.AwO 11ye,011 r. C•.rn N/A. All utilities are separately metered and paid by the tenant. The utility allowance mpa be revised during this fiscal year. The revision and implementation will be dependant upon the Section 8 Fair Market Rent schedule. In all fairness to all participants, the PRA must maintain some consistency between Section 8 and Public Housing. The proposed budget is so tight that any increase in utilities will cause a reduction in rental income and possibly a deficit operation. Nw�wlllnJ lowu 11 W ANIr 23 Loss" M.I comes. 1. 1..N.tlTIM sash sees. N le.A•lo,• aA. rwl mor. ..F -.In C solo+lh Mllelse ENN. N..." S.IwI . W Nr r.:A. • .. CIN.4w..Nlelj• W 412. Ib morasses Illol•el Trr .II...M Nerbe MwJ.•111M arNl IN.r. I. I SµN Rrre Tolosa, arNl Two. N/A 1. c•.••.1.. 4nn,bi,N Mr.4 earl .N DI• hM: NO WsNur • uM. r'••^ /. •4rw L•NIwN• n14w• Nr E 4rIYw.Ir.NUD4 ...•ser. se ..,..A. N A. 1.rwr4.4.. bs4.. I4.r. d.41•_•r d no. 1, J, w E W .,.A •..w.N 1. As •..wr d A. oserul N.ellrn.. TM •Uler•I ,Aue11., -111!12 111! .10pII.r1NNH••µN1.4nm•.4 sobs. w1wM•Nn 17. IFNr M mil. .N• slt•AsnM m loss IM.14.rwrp r«N N 1• .4hN.Aso.14.1/ 4:•111•.. 111. 1. .,•n n Nnr4. A• mll•Nlih d dl• nbIJ, 11.111 N nnwwT r .4.lobs A•.NnM µr ew111g M •.nA.•.rI d.NA W Jls I.r 1.dlinp N 1•..egiN kr •..b e1"N'se Irisin /•.uN rsW f10 r r4 JtllrrN h rows.lorry •N•ANr 1. woohw. i b losA osos w•• W u.n NrrArnl il.a. •l Ao .-•rur•nN IN A•.,wr. d AI..rINb I.d"N M A.. i4 -OWN NUad111a 1. C..mN Nr.M N/A ]. CN.r.1 soo" b M•.rl Co.", burn N W.1 - - i •Icoots,aNW Yr f f rw..,.1.Drew W.• •I W .1 cso.w, sos" loos, a s I3 I by ONMW by Vold, Irllb• J. E.errN os.rs d e•bem.m1lmW a Elb.ly F.all.q f N-1•rb.dlN lr lb. l f 1 f. EN.Aned sob•, d EN1,ol/ Iµ111., Is ... Nw....Iwd Craw, srew. r•. wIH.IIN by 3110. 1 f t NUNNIM k I I 11 OIH•411E &,da.l .] w{.lsnl f«_rr d BI D e W 1wNMrnr. h...l ewr I.., June 30 .Es87 we City Housing Authority ._ �.-, OIw•uy �wnM IEMIL.NI (4-0 (xN li_,r 3M1. M.rwl'N w..w1 Gmml r..y lxrrr.N W r.r stye, W G..1.1 Irl Ir..xx I., „ 1nr.. .r4.. l.xw../«4.,wlN.wwxYn x.r m Is 1-r. 1.«w11y.aE•.N4.w, NtxwW4.•11 .I1w ...w •~,44 rnl,wnr.+b u W awr.sl EW,, err, G.bin Y... Iw N,b4,rlr N . .rwl mmme i.b..n V w..E, e Operating Reserve on 6-30-85 was $44,880. This will continua to be ln... ted the highest possible interest and should generate approximately $3.200.00 terser. Tenant security deposits are invested in a similar account and should nature approxime rely $980.00. Estimated interest Income - $4.180.00. uO.Geru.d DS• 4-1-4 . auym 04..4 ......0 wNLM«.InAlun,w,n d! ..s.bd.al w..r,•elwr .. E.I rM LNe'i i6wtuv -1-y'W Niubn NMtir a.., a..w.W a..., Y.. r- SmI.- 71 Lae." 6-1., . Iw ..ri..l. d nlf, Zee. N •.ww.. relpts from coin-operated laundry equipment Is estimated at $400.00. Tenant - used damage and unpaid utility chargee are corrected and/or paid by the authority, . en charged back to the tenant or in the case of a move -out, it is charged to the [ant's security deposit. Estimated income from this source is $1,880.00. This based on 8 months actual experience in FY86. Total - $2,280.00. 1—" LM46 Nal, Iwu1r me 41.4., 1-411wu II Enrrrw....I_.MNn•Ix•n•LNpwnl.xLW.wrn..1....r•• IL. Ir.Ido.4w.,x Glr 111. r«. HUD.SISII. II ENn W...Iw1-41-4, lN4ur r•NIw1. .R.Ale Is NUD.x41 Le.IY...rrwmr. rr uw.b: Il LN4 MI Mwwhes elflem 1.dlw.l4s 7/10 .iYw M.mdlof, ]pa,r Sam ruw.11w1E. T4vy 4 ...b•4., L.1.. E"'1 1. s..IME, C -I • SADI. 1 Ennr M.run d nnl u4q nr.r .Awn I. Cdwn ISI w Cd.w, Illi Fw. MU0.3254,04w44 n MUDudN 4wuY 1 LE-nw.NM • •-.. .11.., Mr W. Sw14n4]1 nL k Cel. IS) E.w G1r111, r«.MU0.MW NI -04 s4.14.9 Ams" +•.+wm•, w.b .I rN-Irr IN4ar wnirl •N de...wr d u4q wwnw 4, N1 ru4n• 1..1M W •'m•' 0.3131{r.rM N.IN4e aI.w14in1 w •..w Ilr. MIs: 141--.,--4 Drrlr.lalr. [•11rMWre u.;Hw4=uN Mmrwm ,.N a4lrlr. i�qu Tql HUD- %-m UD .11N Wn•awwl ems. �N� t. _ lNwlr 44r_ 4rr,lx. 1 ' .N14ar pAwMr3..,1w 3-nw M1,mwl . Ixw. ]J Lr.N NrNY• K..w Dxlt _.._.... .._..__. .m 1-T J: i 6 I 1.25 i 29,740 .utL,r.I441m Jr 0 .w1-,. ao.«N•«.L.1« 1 1 I 1 ; 18.870 .04 1,500 IL,wl, .1.,1 I• � 1 � I L.IIxw...,l Laar. 1/ I I J n M gw.wsu I W w HUD32611, M.wr, N ..I ... ...rw ,4..1- w C.1-131 w M1. tru m,w, .1 r M r..r•nn 1-x. q MUD•3I311,.M.wn N win, .q.nr .4w. M CNwn (1) r.F..wn.rnllY IIr.Mw. •1 ..I•y ww.w Ilaell.n/ w [.rill-ry m.w.1.. a ..rl I-ius.N n ft... a4alw. mxl P.*,. WN a 1b un N wd :-411-1-1 n.4w w 4 MIwr11r 141 INA Intl. r .4ww w Iww MVD•52f{7. NW -51573 1 S3� 1% _ V �VN:a:+avataaR wa Itut n Owreny Hulprl n.r•x Mh.ars g^,yN /.}10.M ..d 1wNN•aaw• P .... I Y. Ew1re June 30 , If 87 nr, +l two M.r.'.y.��ry er•1.n .,lova Cfty N,uetnc Autharttv op."" EwwJlw•w Heel elNl ]..rq d]xlLry •N Lkrr Dell f<wxMb s.wlry •u r'y..N •.. rw;nr .N •u r•..+r M•� AO�i.+.um w n nr Ww• x M A.IbM1 4 Nr mew W 6 rr,.'C.x jy.rN •rllly .A.yx w s,, W-...PNr lr s.r4 •Ix 16 • GM mr 11- die. +wwwrl w4r xn..u• Ir U45215r.nr 11.11 r Nw Irn0arlr sO weir, wywNlllry ia•rrrir. Gw dMr1w 1.h Ir .w. n.l.wrd .•w nn, (fw NU0.111111.M Iwrdr •II bMNw h•rOwes ,.w.. The Housing Authority administers 448units of Section 8 Existing certificates, 15 unite of Section 8 Existing vouchers and 62 units of Public Housing. The current staff is authorized by City Council resolutions 84-286 and 85-66. This same staff provides support for the Housing Commission, performs other studies as necessary and provides administrative time necessary and required in search of additional units. It is not anticipated that the number of positions will change. For administrative simplicity the current staff and projected salary percentages of wages follows: %Public Housing Z Section 8 1 Housing Coordinator 15 85 I Housing Management Aide 20 80 1 Clerk Typist 20 80 3 Housing Specialiste (20Z each) 60 240 (80Z each) I Maintenance Worker 100 0 1 Assistant Attorney 2 hr/mo. 4 Woo. i.n.I�Pdlk.rl.n,sy.l.nAl. or. d fwr. T.!!! . .41 T.Il,,h,d!u•L I. N11ar n ••hnrUlgrlw Ir Tx.•I x CwW ,••rr HUD-0HrLNw.. rP4rW.d ua•wn,wl saw awl", Tr, mlrW I... b PUN xx.1 .n.Nlxn, lw ,Lr uurnb0. tn•..r a.lfr Ywr. E.Pkl. bblw dlr.,ladw.F d.w.rN ww•. «waw. ' No increase from previous year. These costa are pro -rated between the two programs i.e. 20Z Public Housing and 80% Section 8. 11.In�1 DI•. w •xl.wnw •1 ,.M wnn.l awr,nl a•/w, Tw• wrlr wl lrm•., ..w MS PUN nw .1 wwNlrr.. N rah rlliry v..w 1. n. tw•w, 5"" Yw,. p,n1M •N .rw wUrxe <ar N w•ks4rr N "Gbr UIIIIr B..." Utilities an line 320 and 390 are for office use, maintenance building heat and light, security lights, water for lawns and shrubs and for short periods of vacancies during unit turnover. This line has been reduced from last fiscal year based on 8 months experience. $3,170.00 0.;I-1 sill•••• Low•nr•w•wNln Dlw auN..ra.n drJr Hood 4'.'" Weer Y. n,LwM Mnwm .+rrhe"a •. .fr�w., Iw ri'nwTi In�fii . C :.r 0.N,, Ywr. Represents a reduction from previous fiscal year. Labor costs are up, however, materials and contract costa have been reduced based on 8 months actual experience in FY86. T•r1•.xw•r•.«dx fUY xw.lwwNlrr•IrG.rn W�ke.P 1i. ,Ir mwr G, s.lar Yw,If LllA Me eamew, 1.r,mklxmw• C., I d.wxr ah•. air .w.wl •a1 M ak Contract coats include pest control $1,5011, office rental $1,500, typewriter repair $20.ODr interior paint for approximately 15 units (to be negotiated - approximately $4,500). an additional $2,190 in projected to cover maintenance task, beyond the capability of current maintenance person, 1.e, plumbing• electrical, refrigerator repair, ate. i i I ' ,wenn i Ones",q aiii't swei •1 /wd"I O•n ••d ixllli flan,. Iowa City Housing Authority Or..ri.t [a•.Ml.w.s I[«ri.wdl Fwxl Y«r em" .lune 30 . 1, 86 G... .gkre«.1 u1 w.1 RN«. rM 6,d«r Yaw <w"i.erx.a.,none PUM nn M n«ndarw lr n.w•w.xr b C.... a.Mr Y.n. Cin tAxl.ein.«srr «..,w . • e. The revised budget for FY86 reflected ansubstantial increase from 3.92 P.U.M. to 12.18 P.U.M. This contract will cover this fiscal year. Therefore, that 12.18 P.V.H. was utilized to anticipate insurance costa for FY87. ..Iq«a•«In GnwM1sk.0 Lkraltfx4r«M,nlb r•raa«MIn Glx IxI10Nrwb•N Flwwn"Inunnd b."Rx r.xd lr(pr Psi L Mid Mix MVD ew,r,nx,e. A,a n1in4.n rirw. All employees are city employees (to include the Assistant City Attorney) and as such are covered by city personnel policies and union contracts. Employee benefits include paid vacation (varies with length of service), sick leave, Iowa Public Employees Retirement System (IPERS), health, life. dental, long -tete disability insurance and unemployment compensations. Increases as salaries increase. I Win I .., ni I.." inxl...l nrn «e.«n rx•Ixll• n M «unn •II W rh•.�er W nnl rr. d dl xmnk nni..11. ' bM Mx•.nM xuM noon x N rM rw4ln.Md Mr xrinn r, •.yrM, One account receivable in the amount of $510.00. This is the subject of a small claim. court action and should be resolved prior to the start of FY87. Tenant. are required to pay one month's TTP as A security deposit and rent collection policies are strictly enforced. A waiting list is maintained and occupancy should equal 972. Iu4rr "in.nnw R«I..—I.1 [ rLr.y W a•..wrnn W A""wnr Cin fnw HUD .W .1 in II- W.Illurl« fer inch w•Ix. uIlvibid.. sh,N r • • rr• wake.•" M as..rXnl• r Fins MUD.l2l70. INF11y ledwan"• I.<w•m•ndw. «s..W in Fws HUFliid7...d M M,•I«r.d "n. None anticipated. i ww.nln rva awrirnrwn.mwrii�m-wot� supwam awwM NL,,, M•Y a.ti•r, a.t.n 1161 Oalnuy Owdw L.M wxr m,.OaW/ Iowa City Housing Authority Juno 30. 1987 IIr.411u 1WI 55e1x/sis of All FMItIMt a" {derl" Lwlnt Iowa City, Iowa 52240 6. e....md t4y.l r.. AIrNw.I ldmW 6, Piw .y11w 1114 M 4m1 L1.r111 timr� m1aI.aNIJ6M. Wm ti a,6..r••�1 w..r e...... 7%20 86 m•• s. aw Irr.N m...1�1 m„m�•, IW 11 a1trr ectlonB ml I Housing Coordinator A -W 31.096 32,340 12 32.340 20Z 0 802 Percentage of time 7.580 24.490 I Housing Management Aide A -AT 18,700 19,300 12 19.300 20% 0 802 Percentage of time 3,860 15.440 1 Clerk Typist - Leased Housing NT 15,808 16.350 12 16,350 20Z 0 80% Percentage of time 3,270 13,080 3 Housing Specialiste A-Nf 67,710 67,710 12 67,710 13,530 0 54,180 (annul (annual (annual) 4.510 co. 18.060 (22.570) (22.570 (22,570) (202) 80Z n4.) 1 Maintenance Worker I M 14,800 18,870 12 18,070 1002 0 0 Full time, includes fringe benefits 18.870 1 Attorney Fee. 0 4,000 4,500 12 4,500 33Z 67Z 1 hours per month Public Ilouefng (,how on Line 1 of 52571 and do not 1,500 3.00D 4.5 hours per month Section 8 count AS adminlstratrlve salary) • 152,114 12 159,070 48,610 110,460 159,070 I 1 t kua:...a..e...................<.,....,a.,.....,... , ., .....__.. .... .., . ,.,.......,,,..,,.......... r RESOLUTION NO. 86-93 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT 11 TO ANNUAL CONTRIBUTIONS CONTRACT KC-9033 WHEREAS, the City Council of Iowa City, Iowa (hereinafter called the "Local Au- thority"), proposes to enter into an amended revised contract (herein called the "Annual Contributions Contract"), with the United States of America (herein called the "Government") with respect to any "Projects" as defined in the Annual Contri- butions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY, as follows: is Sectioner1. The Annual Contributions Contract Amendment No. 1 in substantially the form heto attached and marked "Exhibit A" is hereby approved and accepted both T + as to form and substance and the Mayor or Mayor Pro tem is hereby authorized and directed to execute said contract in two copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government together with such other f' documents evidencing the approval and authorizing the execution thereof as may be required by the Government. YSection 2. Whenever the following terms, or any of them, are used in this Resolu- ion, t e same, unless the context shall indicate another or different meaning or G intent, shall be construed and are intended to have meanings as follows: f (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the Annual Contributions Contract shall have the respective meanings ascribed thereto in the Annual Contributions Contract. Section 3. This Resolution shall take effect immediately. It was moved by Strait and seconded by Dickson the Resolution be a opte an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco ` —X— Baker X Courtney X Dickson X McDonald X Strait X Zuber Passed and approved this 25th day of March 1986. 0 , Rocehred ; Approved ATTEST: I&i-J By The LERK lcVsl UoparltneN i 1 zo B� i I I --- -- 5'39 PROVOCED AT u•JVERNMENT EXPcN to I EXHIBIT A AMENDMENT NO. 1 TO ANNUAL CONTRIBUTIONS CONTRACT NO. KC -9033 PROJECT NO. IA05-E022-001/002/003/004/006/007/008/009/010 This Amendatory Agreement entered into this 1st day of April 1986 , by and between the United States of America (herein called the "Government" ) pursuant to the United States Housing Act of 1937 ( 42 U.S.C. 3531 ), and the IOWA CITY HOUSING 'AUTHORITY ( herein called the "Local Authority"); WITNESSETH: WHEREAS, the parties entered into a certain Annual Contributions Contract on January 31, 1985 (which contract as amended to above date is herein called the " Contract ); and WHEREAS, the parties desire to amend said Contract in the particulars hereinafter set forth; NOW, THEREFORE, the parties do hereby agree that said Contract be and the same is hereby amended as follows: Par. 1.3(a) of the Contract is amended to read as follows: " The term of the ACC shall be an extended term for an additional two years on and after January 30, 1987." ALL other provisions of the Contract shall remain in force and effect. IN WITNESS WHEREOF, the Local Authority and the Government have caused this Agreement to be executed and the Local Authority has caused its seal to be hereunto affixed and attested all as of the Date of This Contract First Above Written. IOWA CITY HOUSING AUTHORITY Title MAYOR ( S E A L ) ATTEST: Title CITY CLERIC UNITED STATES OF AMERICA U. S. Department of Housing 6 Urban Developmen: Secretary of Housing Urban Development 1�1 � By� alcj�-Jer-rj"4n--Beuar- Manager Title Des Moines Office i ' S�gEED A: u, ,VE WN.,ENT EXPE L CV H. VV PCn11 gni LAr-\. The undersigned, being the recorder and custodian of the Minutes of the governing body of the Local Authority on whose behalf the foregoing instrument was executed hereby, certifies that on March 25. 1986 at a validly convened regular meeting of the Loc.7l Authority, at which a quorum was present and voting, the following Resolution was introduced, read and unanimously adopted: RESOLVED that the execution by the appropriate officers of the Local Authority of Amendment No. _I to the Annual Contributions Contract, Contract No. KC -9033 , between the Local Authority and the Government, is hereby ratified, accepted and confirmed absolutely as the act and deed of the Local Authority. IN WITNESS WHEREOF my hand and the Seal of the Local Authority, this 25th day of March , 19 86. (SEAL) Iq �R4M�lvataav� a� v. to •'�a vi.v t to i ♦v<ay.vvwn.vix: Jv'r'e'. a-• RESOLUTION NO. 86-94 RESOLUTION AUTHORIZING AN EXTENSION THROUGH JUNE 15, 1986 FOR RECEIV- ING A BINDING FINANCIAL COMMITMENT AND AN EXTENSION THROUGH JULY 15, 1986, FOR FINALIZING A REAL ESTATE CONTRACT FOR THE SALE OF PARCEL "C" LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY, IOWA. WHEREAS, on December 17, 1985 the City Council adopted Resolution No. 85-361 accepting an offer by John 0. Roffman to purchase certain City -owned land known as Parcel C and located in the Lower Ralston Creek Area of Iowa City; and WHEREAS, said purchase was contingent upon tor. Roffman's obtaining, within thirty (30) days of the date of adoption of the Resolution, a firm and bind- ing commitment from a financial institution for a loan of at least $110,000, all of which to be used for construction of improvements on said Parcel C; and WHEREAS, on February 25, 1986, the City Council adopted Resolution No. 86-48 granting Mr. Roffman an extension through March 15, 1986 to furnish a binding commitment from a financial institution; and WHEREAS, Mr. Roffman has requested a further extension of 90 days in order to obtain leases in order to receive a binding commitment from a financial institution; and WHEREAS, Paragraph 5 of the bid specifies that a final Agreement be executed between the bidder and the City within 60 days of acceptance of the purchase offer; and WHEREAS, the extension to finalize plans and receive a binding financial commitment will not permit completion of an Agreement within the required sixty days. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That John 0. Roffman be given until June 15, 1986 within which to obtain a firm and binding commitment from a financial institution for a loan of at least $110,000, all of which shall be used for construction of im- provements on said Parcel C by December 16, 1987. 2. That the Agreement to convey said real estate to Mr. Roffman shall be executed by both parties by July 15, 1986. Received & Approved By Th Logal Dopa nt 3 2/ 22 yo Resolution No. 86-94 Page 2 z It was moved by Courtney and seconded by Zuber the Res olut on e a op e , and upon roll call there were: AYES: NAYS: X X X X X X Passed and approved ATTEST: T L K ABSENT: Ambrisco X Baker Courtney Dickson McDonald Strait Zuber City of Iowa City MEMORANDUM Date: March 20, 1986 To: City Council From: Oarianne Milkman, CDBG Program Coordinator Re: Letter from John Roffman Dated 3-13-86 and Agenda Item Lower Ralston Creek Parcel C bids were solicited last fall and, among other things, financial statements to show capability to complete redevelopment within two years were, required. Two bids were received, one with a financial statement and one (MrRoffman's) without. Council awarded the parcel to Mr. Roffman but substituted a binding mortgage commitment for the financial statement. Resolution 86-48 authorized an extension through March 15, 1986, for receiving a binding financial commitment for $110,000 of improvements on Parcel C. Mr. Roffman is suggesting three alternatives to Council. He is willing to complete the purchase of Parcel C by April 15, 1986, and asking Council to accept his personal commitment that he will make at least $110,000 worth of improvements on the parcel. By agreeing to this alternative, Council would be eliminating the financial capability parts of the bid, while still requir- ing redevelopment of Parcel C be completed by December 1987. Mr. Roffman's second alternative is to extend until June 15, 1986 the time within which he must furnish the mortgage commitment. This would also require an extension of the purchase agreement through July 15, 1986. This alterna- tively is, basically a no -cost option. The third alternative is to rebid the property. The Legal Department point's out that financial capability was an important part of the bid process and that prospective bidders could easily have been deterred by that requirement. It is the legal staff's opinion that a waiver or further extension of this requirement would be a substantial deviation from the original requirements, and that the property would have to be rebid. The attached Resolution relates to the second alternative. If Council de- cides not to grant a further extension to Mr. Roffman, staff would also like direction on whether Council wishes the parcel to be rebid at this time. bj4/3 5�10 r r r, a 1986 CONSTRUCTION . INWOM6-- 1 w 1314 Burry Drive, Iowa City, IA 52240 Phone: (319) 351-3141 MARCH 13, 1986 MAYOR AMBRISCO CITY COUNCIL MEMBERS 410 E. WASHINGTON IOWA CITY, IA 52240 RE: FIRM & BINDING FINANCING COMMITMENT PARCEL "C" MAYOR AMBRISCO AND COUNCIL MEMBERS: i THE PLANS FOR THE REDESIGNING OF THE BUILDING HAVE BEEN FINALIZED. IN ADDITION, 1 HAVE HAD A JOINT MEETING WITH MARY ANN MILKMAN, THE CITY ATTORNEY, AND CITY ENGINEER CONCERNING THE CONSERVATION EASEMENT AND ELEVATION OF THE LOT. WE WERE ABLE TO WORK OUT A SATISFACTORY AGREEMENT WITH ALL PARTIES CONCERNED IN ACCORDANCE WITH THE PROVISIONS OF THE CONSERVATION EASEMENT. ( THE PROBLEM COMES IN GETTING A FIRM AND BINDING FINANCING COMMITMENT. YOU HAVE REQUESTED A COMMITMENT FROM A FINANCIAL INSTUTIUION FOR AT LEAST 4110,000.00 WORTH OF IMPROVEMENTS. THIS WAS ADDED AFTER THE BIDS WERE SUBMITTED, I HAVE NO PROBLEMS IN COMMITTING TO 4110.000.00 JI WORTH OF IMPROVEMENTS. BEFORE THE BANK WILL COMMIT THEIR MONEY, THEY WANT THE.PROJECT TO BE ABLE TO SHOW MEANS OF REPAYMENT. ENCLOSED IS A COPY OF A LETTER FROM RALPH RADCLIFF REQUESTING SIGNED LEASES FOR 60% OF THE SPACE. AS STATED IN THE LETTER, THE BANK HAS ALREADY COMMITTED THE MONEY TO PURCHASE THE LAND. +'' ! ACCORDING TO THE BID PROSPECTUS, THE CITY SAYS THAT I HAVE TWO YEARS TO DEVELOP THE PROPERTY. RESOLUTION 8648 STATES THAT I NEED FINANCING FOR 4110.00.00 WORTH OF SITE IMPROVEMENTS BY MARCH 15, 1986. THE BANK WILL NOT ISSUE A TWO YEAR COMMITMENT, AND THEIR COMMITMENT WILL BE iBASED UPON HAVING SPACES LEASED. I HAVE SENT OUT LEASE DESCRIPTIONS TO SEVERAL MERCHANTS BOTH DOWNTOWN AND AT THE SYCAMORE MALL. I ALSO HAVE AN AD IN THE PAPER DESCRIBING THE SPACE FOR LEASE. AT THIS TIME I DO NOT HAVE ANY SIGNED LEASES. I STILL WANT TO PURCHASE AND DEVELOP PARCEL "C". I AM PREPARED TO ' PURCHASE THE LAND BY APRIL 15, 1986. 1 CANNOT GIVE THE COUNCIL A FINANCING COMMITMENT FOR 8110,000.00. 1 AM SURE THAT I WILL HAVE IMPROVED THE PROPERTY MORE THAT THE $110,000.00 BEFORE THE TWO YEAR 5�/a 1 ^� . ■—� , cubm hoer eaww CONSTRUCTION 1314 Burry Drive, Iowa City, IA 52240 Phone: (319) 351-3141 TIME FRAME, BUT I AM NOT ABLE TO GET A LETTER FROM THE BANK STATING THIS UNTIL I HAVE THE SPACE LEASED. AS I SEE IT, THERE ARE THREE OPTIONS AT THIS TIME. FIRST,I CAN PURCHASE THE PROPERTY AND YOU CAN ACCEPT MY COMMITMENT TO DO THE IMPROVEMENTS WITHIN TWO YEARS. SECOND, YOU CAN EXTEND THE OFFER FOR ANOTHER NINETY DAYS UNTIL JUNE 15, 1986, ALLOWING ME TIME TO FIND TENANTS. THIRD, YOU CAN START OVER IN MARKETING THE PROPERTY. I PREFER OPTIONS ONE OR TWO. WHETHER I PURCHASE THE LAND NOW, OR EXTEND THE BID ANOTHER 90 DAYS IS UP TO THE COUNCIL, I HAVE NO PREFERENCE. I APPRECIATE YOUR TIME AND CONSIDERATION IN THIS MATTER. SINCERELY, yRrAN JHN S�� i Inc..a;...<..,e.,....:,........... .......... ....... ...........-........,.........Y..•.«......... 1 Ralph 0. Radcliff Senior Vice President t Nati Ona/ Bank r204EASFir ST VIASHING TON, IOWA CITY, IOWA 52240 PHONE 356-9000 AREA CODE 319 March 7, 1986 Mr. d; Mrs. John O. Roffman 1314 Burry Drive Iowa City, IA 52240 Dear Air. and Mrs. Roffman: This letter is a continuation of your request for a real estate mortgage on the property located at Parcel C - Lower Ralston Creek Area, Iowa City, Iowa. On November 12, 1985, we approved your request for a loan to purchase this property. This commitment remains in effect as of this time. We have now received your request to consider an additional loan for construction of a building on this property. With the projected cost for land and improvements of $175,000 and your request of $131,250 for the current loan, we would also need a minimum of 60% of the space leased to tenants. We would also require copies of the signed leases for this project. With the leases secured, we would then consider your new request. It would be our recommendation that you secure an additional three-month extension from the City of Iowa City to June 15, 1986, on their commitment.. to you in order that the leases may be secured and final projected costs for the project be received. Please direct city personnel to contact me if they have any questions. If we can assist you further, please let me know. RDR/tjb Ralph D. Radcliff Senior Vice President 540 r �IM�Naa<al :luau \a • rvv v: •aCtvv(vv.vww�.vN+n .»vva.vv--.vw.!n✓..�..//�..m•. .'.. mom... ery �.0'.v.v.vw.v.•.•n � RESOLUTION NO. 86-95 RESOLUTION AUTHORIZING MAYOR WITH LARRYSVOBODA AUTHORIZING PLACEMENT OF STEPS T AGREND CITY E- MENT ON PUBLIC RIGHT-OF-WAY. i. WHEREAS, Larry Svoboda ("Svoboda") owns property at 430 Iowa Avenue in Iowa City, which he wishes to redevelop; and WHEREAS, the Iowa Avenue right-of-way extends approximately 13.5 feet beyond the public sidewalk; and WHEREAS, Svoboda wishes to construct a new building on his property which P will require use of the public right-of-way for steps; and WHEREAS, the City is willing to allow such use of the right-of-way if it is s protected from liability which may result from such use, and can order re- moval of the steps if the right-of-way is needed; and WHEREAS, an Agreement containing such conditions is attached to this Resolu- p. tion. i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor is authorized to sign and the City Clerk to attest the Agree- ment attached hereto. ei k 2. Prior to the issuance of a building 0 Iowa Avenue, Svoboda shall record thepermit for rd� Agreement btheJonat 43 hn onCounty i Recorder's Office and shall return file -stamped copies of the Agreement ! to the City Clerk and City Building Inspector. It was moved by Zuber and seconded by Dickson _ the Resolution e a opte , an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X `pf Courtney X X Dickson McDonald X Strait ( X Zuber {i Passed and approved this 25th day of March 1986. E t � E I ATTEST E Z LLtKK ze *Applicant withdrew request - never recorded. Received 8 Approves I8y i lc gal Dep-jr4roent f 3 ivei; I �Y�tiV at(V(V�.V • at�\`� V V .\.\\4lVlKM.YAV N::: !i a This agreement was never recorded because the applicant withdrew his request. AGREEMENT FOR INDEMNIFICATION AIVO MAINTENANCE This Agreement is made between Larry Svoboda, an individual, hereinafter referred to as "Svoboda," and the City of Iowa City, Iowa, a municipal corpo- ration, hereafter referred to as "City." WHEREAS, Svoboda is the owner of certain real estate located at 430 Iowa Avenue, Iowa City, Iowa, and legally described as follows: Part of Lots 7 and 8 in Block 45 of Iowa City, Johnson County, Iowa, according to the recorded plat thereof, described as follows: Beginning at the southeast corner of Lot 8; thence north along the east lien of Lot 8, 95 feet; thence west parallel with the south line of Lot 8, 65 feet; thence south parallel with the east line of Lot 8, 5 feet; thence west parallel with the south lines of Lots 8 and 7, 35 feet; thence south parallel with the east line of Lot 7, 90 feet to the south line of Lot 7; thence east along the south lines of Lots 7 and 8, 100 feet to the point of beginning. and i WHEREAS, Svoboda is developing a multi -story building on the above-described property; and i WHEREAS, as shown on the attached drawing prepared by Hall Engineering Com- pany (Exhibit "A"), Svoboda seeks City approval to raise the elevation of the City sidewalk in front of his building; and %4 I E WHEREAS, a portion of the stairway to the building to be constructed by Svoboda will be located on City property as shown in Exhibit "A"; and WHEREAS, the City will agree to allow use of its property, but only subject to the terms and conditions stated herein. NOW, THEREFORE, in consideration of the mutual promises set forth below, it is agreed as follows: 1. Svoboda shall replace the public sidewalk adjacent to the property at 430 Iowa Avenue, as shown on on Exhibit "A" attached to this Agreement and according to City specifications. 2. Svoboda shall be allowed to install steps on City property from the public sidewalk to the building as shown on the attached Exhibit "A." Svoboda recognizes that no property right is conferred by this grant of permission, that the City is not empowered to grant a permanent use of its street right-of-way for private commercial purposes, and that the City may order said steps removed at any time if, for any reason, the City Council determines that the property upon which the steps are lo- cated should be cleared of obstructions. 3. Svoboda agrees to maintain the steps in good repair according to City standards, and to remove the steps within thirty (30) days after being so ordered by the City. If Svoboda fails to remove the steps after being 5// '4 3 ordered to do so, the City may remove them and the cost thereof shall be charged against the property in the manner provided in Iowa Code (1985) Section 364.2(e). 4. Svoboda agrees to indemnify, defend and hold the City harmless in connec- tion with any liability whatsoever arising in regard to the installation, maintenance, use and repair of said steps. Svoboda shall be required to f carry liability insurance, in minimum amounts of ;500,000-51,000,000-5250,000 with contractual liability coverage included as part of such insurance, and shall furnish a copy of the policy to the City before installing the steps. Svoboda agrees to thereafter maintain such insurance in force until the steps are removed from the City prop- erty, and failure to maintain such insurance in force shall automatically terminate the grant of permission contained herein. The parties agree that the City may require reasonable increases in the amount of coverage in order to provide comparable coverage protection in the future. If the required insurance is not maintained, the City shall have the right to remove the steps following five (5) days prior written notice to the owner of the property and the cost of removal shall be charged against the property in the manner provided in Iowa Code (1985) Section r; 364.2(e). i This Agreement shall constitute a covenant running with the land and shall be binding upon and shall inure to the benefit of the respective successors in interest and assigns of both parties. .,.-........... ............. ...>., ».....,,,,..,....,, 4 EXECUTED at Iowa City, Iowa, upon the dates as indicated below. DATED: /Ao,,,'4 BY: arry Sv boda DATED: March 25, 1986 CITY OF IOWA CITY, IOWA ATTEST: g ayor Cit Clerk STATE OF IOWA ) JOHNSON COUNTY SS � On this dt _day of Y%7arok 1986, before me, a Notary Public, personally appeared Larry Svoboda, to me known to be the person named in and who executed the foregoing instrument, and acknowledged that he exe- cuted the same as his voluntary act and deed. Notary Public in an for a e o owa I i Rocefvw $ Approved . °y Thi rnal DopOi nr i aJ..................... to....w...w+.:: 5 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 25thdayof Dlarch19 86 before me, the under- signed, a Notary Public in and for said State, in said State, personally appeared William J. Ambrisco and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of the municipal corpo- ration by authority of its City Council as contained in OlRaQaW (Resolu- tion) No. 86-95 passed or adopted by the City Council on the 25th day of March 1986 and that William J. Ambrisco and Marian K. Karr as such officers acknowledged the execution of the instrument to be the voluntary act and deed of the municipal corporation, by it voluntarily executed. vans ISSION a ,, VAYC0 0N°M No ary Public n n or t e State o I`—'owa — 5y/ �' V c�:i i�..ra a J...., �..•:....�..:.., c,,..,n...w.....vrr..,.+........_....-..lt..,...'.......... V...-..........-.�w...n.,•............ . .. ss bb• � I — 1 ��' i I�E�✓ 00101R0 0R rR0fftff uRF I IROR YAdlFAI4 PROPOStO 6Ju01tln AG,iN O 10'iRlAf6� floltg AMR 0 a s t v� p 1 £O — I00'tA0' Pulwli0 3 n v -Truer oYR) !+ i fROPERff rReroxF as !° )6efloN Ar f7rtre �ANDINbb -¢ WOO—/Odwa. Au1N �f ob' )/10•r l'•0• 17 T u 5'PJ)LIL ALR I. r ,450 IOWA AVfHJ5 1 I i l S RESOLUTION NO. 86-96 RESOLUTION AUTHORIZING RETIREMENT PLANS WHEREAS, the City has employees rendering valuable services; and WHEREAS, the establishment of a Money Purchase Plan will benefit employees by providing funds for retirement and funds for their beneficiaries in the event of death; and WHEREAS, the establishment of a Money Purchase Plan will assist the City to attract and retain qualified personnel; and WHEREAS, the City desires that its Money Purchase Plan be administered by the International City Management Association (ICMA) Retirement Corpora- tion; NOW, THEREFORE, BE IT RESOLVED that the City establishes a Money Purchase Plan in the form of the ICMA Retirement Corporation Prototype Money Pur- chase Plan and Trust, pursuant to the specific provisions of the Adoption Agreement. The Plan and the Trust forming a part hereof are established and shall be maintained for the exclusive benefit of eligible employees and their beneficiaries. The Director of Finance is hereby authorized to execute the Adoption Agreement with the ICMA Retirement Corporation. It was moved by Zuber and seconded by Courtney the Resolu- tion be adopted, an upon ro call there were: AYES: NAYS: ABSENT: X AMBRISCO _ BAKER _ COURTNEY DICKSON MCDONALD STRAIT ZUBER Passed and approved this 25thday of March 1986. b44_ ATTEST: CI CLERK `S bwlved a Approved By The legal DepaMmeni 3 Zo 8 S� n i ICMA RETIREMENT CORPORATION PROTOTYPE MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT The Employer hereby establishes a Money Purchase Plan & Trust to be known as The City of Iowa City Monev Purchase Plan tom. m Z) (The 'Plan") in the form of the ICMA Retirement Corporation Prototype Money Purchase Plan and Trust. This Plan is an amendment and restatement of an existing defined contribution pension plan. ❑ Yes jX No If yes, please specify the name of the defined contribution pension plan which this Plan hereby amends and restates: A. EMPLOYER: City of Iowa City, IA B. THE EFFECTIVE DATE of the Plan shall be the first day of the Pian Yearduring which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified: C. THE PLAN YEAR shall be the calendar year, unless an alternate Plan Year Is hereby specified: D. ELIGIBILITY REQUIREMENTS I. The following group or groups of Employees are eligible for participation in the Plan: _ All Employees All Full-time Employees Salaried Employees — Non-union Employees Management Employees Public Safety Employees General Employees TE Other (specify below) See attached. 2. The Employer hereby waives the requirement of a six-month period of service for participants. Kx Yes ❑ No If this waiver is elected, it shall apply to all employees within the Covered Employment Classification. 3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age require- ment is NIA (not to exceed age 24+h). Write NIA if no minimum age is declared. 4. Normal Retirement Age shall be 55 If a different Normal Retirement Age is established for one or more groups of employees, please specify: Age E. CONTRIBUTION PROVISIONS Group t. The Employer shall contribute on behalf of each Participant see a a h d % of Earnings for the Plan Year (subject to the limitations of Section 4.09 of the Plan). 2. a) Each Participant is required to contributesep__ attached--% of Earnings for the Plan Year as a condition of participation. (Write "0" if no contribu- tion is required.) b) The Employer hereby elects to "pick up" the MandatoryiRequired Participant Contribution. j()( Yes ❑ No 3. Each Participant may make a Voluntary Participant Contribution as dented in Section 2.34 of the Plan, subject to the limitations of Section 4.04 and 4.09 of the Plan. 9( Yes ❑ No 4. Each Participant may make a Deductible Employee Contribution as defined In Section 2.08 of the Plan, subject to the limitations of Section 4.05 of the Plan. M( Yea ❑ No 5. Employer contributions and Employee contribu- tions, if any, shall be contributed to the Trust in ac. cordance with the following payment schedule: _15th of each month F. EARNINGS Earnings, which form the basis for computing Employ. er contributions and Employee contributions, if re• quired, are defined as the Participant's base salary or wages, before applying any salary reduction agreed to by 18P1 ipanI ePicipant pursuant to a plan described in Sections 457 or 403(b) of the Code, plus the following (check whichever is applicable, if any): ❑ Overtime XM Bonuses ❑ Employer contributions (other than salary reduc. tion amounts) under Section 457 o1 the Code XP Other extraordinary remuneration G. VESTING PROVISIONS The Employer hereby specifies the following vesting schedule, subject to 1) the minimum vesting require. ments as noted and 2) the concurrence of the Plan Administrator, Years of Specified Minimum Service Percent Vesting Completed Vesting Requirements' Zero _ % No minimum One 50 % No minimum Two _ % No minimum Three _ % No minimum Four lOD % Not less than 40% Five % Not less than 45% Six _ % Not less than 50% Seven _ % Not less than 60% Eight _ % Not less than 70% Nine _ % Not less than 80% Ten _ 4'o Not less than 90% Eleven or more 100% Must equal 100^/a ("Those minimum vesting requirements conform to the IRS's Four -Forty Schedule, which Is the most re- strictive schedule for which an advance determination ruling for quafification will be issued by the IRS without a pre-test for nondiscrimination.) 2 H. INVESTMENT OPTION (check one) The following applies to Employer Contributions and Mandatory Employee Contributions. All Voluntary Employee Contributions and Deductible Employee Contributions (DECs) are not subject to investment restrictions. ❑ A Participant may direct his/her investment only in an investment option which provides a guarantee of principal. XX A Participant may direct his/her Investment of not more than 50 % in an investment option which does not provide any guarantee of principal. ❑ A Participant may direct his/her investment, with- out restriction, among various investment options available under the Trust. ❑ Specify any other investment restrictions: 1. WITHDRAWAL UPON SEPARATION 1. Upon separation from service for reason other than death, Disability or attainment of Normal Retirement Age, the Participant may elect to commence receiv- ing benefits from the following accounts, without regard to age: a) Employer Contribution Account (Nonforfettable In- terest) ❑ Yes IXXNo b) Participant Contribution Account (if applicable) jR Yes ❑ No c) Portable Benefits Account A Yes ❑ No 2. If "no" to any of the above, the earliest age is 55 at which the Employer will allow a dis. tribution from the Employer Contribution Account, the Portable Benefits Account, and/or the Particl. pant Contribution Account, if applicable. 3. Notwithstanding Section 1(2) above, a distribution shall be made pursuant to Section 8.05 of the Plan, De Mlnimis Accounts. Further, the Participant shall be entitled to make a rollover contribution pursuant to Section 8.03 of the Plan. J. Loans are permitted under the Plan as provided In Article XI. ❑ Yes I'XNo 5� is _ _............ , _. . •�'CKtaN�a<acu�aaavtvv`.aat�uvaaav<aanw�w'..tyrlY++v+vvaay..+aw+��.......:r rrr.rw. rv.r.rr.x r. r.•.Y+xvn r.�.wa+n'' K. The Employer hereby attests that it Is a unit of state or local government or an agency or instrumentality of one or more units of state or local government and that it has the authority under state and local laws to adopt a Money Purchase Plan. L. The Employer hereby appoints the ICMA Rstirement Corporation as the Plan Administrator pursuant to the terms and conditions of the ICMA PROTOTYPE MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this 25th day of March --_, 19 86 EMPLOYER Accepted: ICMA RETIREMENT CORPORATION By: Rosemary vitosh By: - Title, Finance Director Title: Attest: ' City Clerk Attest: 4/84 Ir] I i ......:..a...<a+..w.w+......................—..t--.......... ..�.......r.a ...... w..r.v..w...aa.. City of Iowa City Money Purchase Plan & Trust Adoption Agreement - Attachment Section D. Specification of group of Employees that are eligible for participation in the Plan: Employees holding positions included in the Administrative Pay Plan which are, by law, exempt from participating in the Iowa Public Employees Retirement System (I.P.E.R.S.) and/or the Social Security Administration Federal Insurance Contributions Act (F.I.C.A.). Section E-1 Employer Contribution The Employer shall contribute on behalf of each Participant an amount equivalent to the current statuatory contribution rate and maximum salary as required of an Employer under the Social Security Administra- tion's Federal Insurance Contributions Act (F.I.C.A.). Section E-2 Participant Contribution Each Participant is required to contribute an amount equivalent to the current statuatory contribution rate and maximum salary as required of an Employee under the Social Security Administration's Federal Insurance Contributions Act (F.I.C.A.). 3 •.kA.aa...t....... -............ Rv..ww�+.+s: rr:o City of Iowa City MEMORANDUM Date: March 19, 1986 To: City Council From: Kevin O'Malley, Acting Director of Finance Monica J. Bieri, Controller"o' Re: New Retirement Plan Adoption of the International City Management Association (ICMA) Money Purchase Plan and Trust Retirement Plan is recommended to meet the terms of the employment agreement between the City and the Fire Chief. However, any administrative employee, which is, by law, exempt from participating in the Iowa Public Employee's Retirement System (I.P.E.R.S.) and/or the Social Security Administration Federal Insurance Contributions Act (FICA) may participate in this retirement plan. Because this plan is set up under a different section of the Internal Revenue Service Code, it pro- vides a means for participating employees to defer income above the $7,500 per year limit which exists on the deferred compensation plans that are currently available to administrative and confidential employees: bc3 S�z