HomeMy WebLinkAbout1986-07-15 Ordinance'10"
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IOWA OTY OFFICE: (318) 331-etoO
K -LONA OFFICE: (318) 839-2818
LONE TPEE OFFICE: 1312) 829- 00
F O.LB OFFICE: r31B) 8 ae9
HONOHAN, EPLEY, HAYMONO & BRAOOOCK
ATTORNEYS AT LAW
JAY K FKX,00 AN
LLOYD A. EPLEY 330 EAST COURT si- eer
OARY L RAYMOND P.O BOX 3010
MALRfJE A BRADDOCK IOWA ORY• IOWA 5ep4
July 14, 1986 1
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Honorable Mayor & City Council �,..
City of Iowa City ! '
Iowa City Civic Center ` I
410 E. Washington
Iowa City, IA 52240 I,
III
Re: Korean Methodist Church
Ordinance Amending Section 36-6(c) Zoning
Religious Institutions RR -1 Zone.J-'
Dear Mayor & Council:
A short note in support of the first consideration of the above -
ordinance which I believe is Item 4a on your agenda for the meeting -of �..'
July 15, 1966. I am still unable to attend as council meetings are off j
limits as far as my doctor is concerned. My clients are still most I
anxious to see this ordinance approved. Thank you for your consideration.
Very truly yours,
HO N, EPLEY, RAYMOND & BRADDOCK
?BY, H. Honohan
JHH/jv
cc: Dr. Peter Ro
�ILEB
JUL 141986
MARIAN K. KARR
CITY CLERK (1)
City of Iowa City
MEMORANDUM
( Date: July 11, 1986
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To: City Council
From: Karin Franklin, Senior Planner
Re: Parking Compliance for Sigma Tau Gamma
At the Council meeting of July 1, 1986, the Council was presented with an
amendment to the Zoning Ordinance which would al low, in certain circum-
stances, a reduction in compliance with the parking requirements, if a mature
tree limited use of the lot for parking. The Sigma Tau Gamna fraternity at
711 East Burlington Street has not complied with the parking requirements of
the ordinance and wishes to take advantage of the proposed ordinance amend-
ment and preserve a tree in their yard. The Council requested that the staff
work with the fraternity to look at alternative means of providing parking on
this site without elimination of the tree.
There are essentially two 'Options to achieve this
proposed amendment which would reduce the parking renal: 1) approval of the
tree as a physical limitation of the lot, or 2) placementuiredbofdesiparkingispacthe
es
on the abutting lot owned by the fraternity. The fraternity has not submit-
ted a plat which demonstrates compliance with the parking requirements under
option N2 (the dimensional requirements on a plat submitted were incorrect).
Until an accurate site plan is submitted, this option cannot be evaluated.
It is apparent, however, that there are no other means by which the parking
requirements of 24 spaces can be met.
The actions available to the City Council are to approve the ordinance which
will protect the tree but displace some of the parking demand to the street,
or to deny the ordinance at which time the existing ordinance will be en-
forced, the tree removed and the parking lot constructed. The staff recom-
mends that the Council take one of these actions and not defer consideration
of the ordinance since compliance with the parking requirements has already
been deferred for almost a year.
bj5/1
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C/
ORDINAWE NO. 86-3291
AN ORDIWU VACATING A PORTION OF HOLLYWOOD BOUE-
VARD.
MEREAS, the City of Ione City agreed to rezone
certain property in Ordinance No. 85-3256; and
WEREAS, a condition of that rezoning Wes the
closure of a portion of Hollywood Boulevard betoem
Keokuk Street and East of Boadwey Street.
BE IT OUINED BY THE CITY COKIL OF IOWI CITY,
IOWA:
SECTION I. VACATION, That the City of Iove City
y v xates that portion of Hollywood Boulevard
extending aiproxirtetely 400 feet east of the inter-
section of Hollyrioo7 Boulevard and Broadway Street,
and that portion of Hollywood Boulevard extending
west of &MMY Street to the east lire of Lot 1,
Block 1, Bravainan Center,
SECTION II. REPEALER: All ordinances and parts of
ordinances in conflict with the provision of this
ordinance ere hereby repealed.
SECTION III. SEVERMILM If any section, provi-
sion or part of the Ordinance shall be acUudged to
be invalid or unconstitutional, such adjudication
shall not affect the validity of the ordinance as a
Whole or any section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE: This Ordinance shall
publication az is nal passage, approval and
required by law and upon the caple-
ticn and opening of the Broadway StreetJHighnay 6
signalized intersection.
Passed and approved this 15th day of July, 1986
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ATTEST: .i
Rwiwd A Approved
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It was moved by McDonald and seconded byer ,
that the Ordinance as read e a op ed and upon roll ca Zubere were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X COURTNEY
_ X DICKSON
57- MCDONALD
-� STRAIT
�- ZUBER
First consideration 7-1-86
Vote for passage: Ayes: Baker, Courtney, Dickson,
McDonald, Ambrisco. Nays: None. Absent: Strait Zuber.
Second consideration
Vote for passage
f {
Date published July 23, 1986
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Moved by McDonald, seconded by Zuber, that the rule
requiring ordinances to be considered and voted on
for passage at two Council meetings prior to the
meeting at which it is to be finally passed be
suspended, the second consideration and Vote be F _
vaived and the ordinance be voted upon for final
passage at this time. Ayes: Strait, Zuber,
Ambrisco, Baker, Courtney, McDonald. Nays: None.
Absent: Dickson.
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ORDINANCE NO. 86-3292
AN ORDINANCE Ah ENDING TIE ZONING ORDIW a BY CWM-
ING TIE LSE REI1A_ATIONS OF CERTAIN PROPERTY LOCATED
ON NORTHGATE DRIVE IN a NUMCATE CORPORATE PARK.
WFERFAS, Northgate Corporate Park is located in
an area zoned Highway Corrercial (CH -1); and
WFERFAS, the Co prehensive Plan for the City of
Iova City slows commercial office use in the area
containing NorthgateCorporate Park; and
WFERFAS, the existing developnemt near the
Northgate Corporate Park is for office uses and uses
canpatible with office uses; and
WWJTAS, canercial office uses are the most
appropriate use for the area.
BE IT ORDAINED BY THE CITY COUNCIL OF TIE CITY OF
IOFW CITY, IOWA:
SECTION I. ZONING AI+901ENT. That the property
described below as hereby reclassified iron its
present classification of CH -1 to CO -1:
Lots 1, 2, 3, 18, 19, and 20 of Highlander
Developiamt, First Addition, an addition to Iove
City, Iowa, according to the plat thereof re-
corded in Plat Book 25, page 52, Plat Pecords of
Johnson Canty, Iowa.
SECTION II. ZONING W. The Building Inspector is
hereby authorized irected to charge the zoning
map of the City of Iowa City, Iova, to conform to
this anendnent upon the final passage, approval and
publication of this ordinance as provided by law.
SECTION III. CERTIFICATION AND RECORDING. The City
Clerks y a iz irec certify a
copy of this ordinance which shall be recorded at
the office of the Canty Recorder of Johnson County,
Iowa, upon final passage and publication as provided
by law.
SECTION IV. REPEALER: All ordinances and parts of
ordinances in confrrct with the provision of this
ordinance are hereby repealed.
SECTION V. SEVERABILITY: If any section, provision
or part of the MIERe shall be adjudged to be
Invalid or unconstitutional, such adjudication shall
not affect the validity of the Ordinance as a whole
or any section, provision or part thereof not ad-
judged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE: This Ordinance shall
be n effect a nal passage, approval and
publication as required by law.
Passed and approved this 15th day of July,
1986.
1
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ATTEST: rof•••)
`�"CITY CLERIC
IPd<e1�L4fi � �m"�
Aw tool' so n1Ur
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It was moved by McDonald L and seconded by Strait ,
that the Ordinance as reade a op ed and upon roll call erefi were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
COURTNEY
DICKSON
MCDONALD
X_ STRA IT
x ZUBER
First consideration 7-1-86
Vote for passage: Ayes: Courtney, Dickson, McDonald,
Ambrisco, Baker. Nays: None. Absent: Strait A Zuber.
Second consideration 7-14-86
Vote for passage:
Ayes:. Baker, Courtney, McDonald,
Strait, Zuber, Ambrisco. Nays: None. Absent: Dickson
Date published July 23, 1986
/01/3
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ORDIWWCE ND.86-3293
ORDINANCE VACATING A PORTION OF TEEIEX COW SUM
OF RIDER STREET.
11f 4EAS, the City of Iaa_ City has received a
request from the Seventh Day Adventist Church to
vacate a potion of Teeters Court • and
WERFAS, this portion of Teeters Court serves
only the church and an adjacent residence; and
WW JW, private access to both properties will
be maintained.
BE IT ORDAINED BY -THE CITY CMKIL OF IOWA CITY,
IOWA:
SECTION I. VACATION. That the City of Iowa City
VVaca es a portico of Teeters Court le -
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gally described below:
All that part of Teeters Court lying south of
the south right-of-wey line of Rider Street
and north of the Cedar Rapids and Iowa City
Railway right-of-way in Chatauqua ipighth, a
SECTION IIision All ordinances and parts
Of ar+d nances in can ct with the provisions of
this ordinance are hereby repealed,
SECTION III. SEVERABILITY. If any section,
Prov s ono• par o s inane shall be ad -
Judged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or
Part thereof not acjWged inval id or unconstitu-
tional.
SECTION IV, EFFECTIVE DATE. This Ordinance
sha e n e ec a er s na Passage, approval
and Publication as required by law,
Passed and approved this 15th day of July,
0 0 r 'A W WbAl _,_,
IVAN [,11..
Rocely
By ; G 1 D�P�ovac
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It was moved by McDonald and seconded by Courtne
that the Ordinance as rea e a op ed and upon roll ce ere were:
AYES: NAYS: ABSENT:
x AMBRISCO
y BAKER
—X COURTNEY
DICKSON
x i� MCDONALD
STRAIT
ZUBER
First consideration 6 17 8
Vote for passage: Ayes: a er, Courtney, Dickson,
McDonald, Ambrisco. Nays: None. Absent: Strait, Zuber.
Second consideration 7/1/86
Vote for passage Ayes: Dickson, McDonald, Ambrisco,
Baker, Courtney. Nays: None. Absent: Strait, Zuber.
Date published July 23, 1986
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ORDINANCE PD. 86-3294
ORDINANCE "MING SECTION 14-78(b) OF TIE
CODE OF ORDIW M OF TIE CITY OF IOWA
CITY, IOWA, TO ADD PROVISIOS FOR THE
OICIAFNIATION CF FEQEM FOR CABLE SERVICE
IVO FOR LIQUIDATED L1giAO;ES FOR THE FAILLIE
OF THE GRANTEE TO KET DEAADLINNES FOR RE-
QUIFED CABLE PEIWORC EXTENSIOS.
SECTION I. PURME. The purpose of this anend-
ment is to prove ar docurertation of requests for
cable service and to provide for liquidated damges
for the failure of the grantee to meet deadlines for
required cable network extensions.
SECTION 1I. A180M. Section 14-78(b) of the
Code of Ordinances of t City of Iona City, Iona,
is hereby repealed and substituted in its place is
the following new Section 14-78(b), including the
new subsections (4) and (5) thereto:
(b) Extension of nehork within city boundaries:
(1) Conditions of required extensim: The
grantee shall at its aWse extend its
broadband telecomunications network so
as to provide full network service to
all potential subscribes in:
a. Newly amexed areas of the city
contiguous with an area served by
or required to be served by an
existing nebaork as soon as possi-
ble but in no event later than six
(6) months after the first request
for service.
b. Newly annexed areas of the city
nonrcmtiguous with an area served
by or required to be served by an
existing network as soon as possi-
ble but in no event later than six
(6) months after the first request
for service when the annexed area
contains at least twenty (20)
potential subscribers per plant
mile including interconnecting
trek.
C. Now housing areas developed within
the city limits and contiguous with
an area served by or required to be
served by an existing network as
soon as possible but in no event
late than six (6) months after the
first request for service.
d. New housing areas developed within
the city limits and non-contiguous
with an area served by or required
to be served by an existing network
as scan as possible but in no event
later flan six (6) months after the
Ordinance No. 86-3294
Page 2
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first request for service Wm the
anre:ced area contains at least
minty (20) Potential subscribers
Pa- Plant mile including inter-
connecting trunk.
e• My resident belling within the
City limits and within two hundred
(200) feet of an existing neb t
as soon as possible but in
-'
no event
later than thirty (30) days after
the first request for service.
(2) Extension policy: The grantee shall
file with the city clerk tin
(2) copies
Of its extension policy for potential
Subscribers balling beyond bo hundred
(200) feet from the nearest point of
the existing network but within the
city limits. Such CY must be
ithe
approved by the city and grantee
shanot make, or refuse to make any
extension policy. t as permitted ty this
approved
(3) Disputes: The comnission shall, Won
Petition, coduct a public hearing and
make a final determination concerning
any disputes arising fran the extension
of the netirai: as stated herein.
(4) Documentation: Upon receipt of a
"first request for service" by
a poten-
tial subscriber within any of tyle
required
extension areas listed above
in Section 14-78(b)(1), the grantee
t
shall dmctmont such
P�ptly sending writrequest(s)
en acj snunledgr
tial sbsc ba rnnifirmrequesting
ingthegpoten-
datte
of
grantee's ►tceipt of such request and
j by mmtfnly to the Comds-
Y
sum a rtlYing
of the names and addresses
k
of potential subscritners making
such first
ice
the Prig" mon includinng in said
blist
dateOf sial
from each said to
ibe. potential
(5) UMM: Failure of the grantee to
meet the deadlines for required
exten-
Sim of the Wa"k as specified in
Section 14-78(b)(1) unless exempted
1 (f) shallUndw the
lrresults in withdrawOf al
from the sectmity front as provided in
Sectiodollars (14-7 (d) up to orae hundred
) Per day for each day
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Ordinance No. 86-3294
Page 3
beyond said deadlines as compensation
try way of liquidated darages as a
result of such failure.
SECTION III. REPEALER: All ordinances and parts
of ordinances in conflict with the provisions of
this ordinance are heredy repealed.
SECTION IV. SEVERABILITY: If any section,
prov s on or part o u finance shall be ad-
judged to be invalid or unconstitutional, such
adjudicatim shall not affect the validity of the
Ordinance as a whole or any section, provision or
part thereof not adjudged invalid or unconstitu-
tional.
SECTION V. EFFECTIVE DATE: This Ordinance shall
be in effect after its finalpassage, approval and
publication as required by law.
Passed and approved this 15th day of July,
1986.
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It was moved by Strait and seconded by Zuber that the
Ordinance be adop e , an upon rol I call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Courtney
X Dickson
X McDonald
X Strait
X Zuber
First Consideration 7-1-86
Vote for passage: Ayes: Ambrisco, ➢aker, Courtney, Dickson
dk:Donald. Nays: None. Absent: Strait, Zuber.
Second Consideration ----------
Vote for passage:
Date published July 23, 1986
Moved by Strait, seconded by Zuber, that the rule
requiring ordinances to be considered and voted on
for passage at two Council meetings prior to the
meeting at which it is to be finally passed be
suspended, the second consideration and vote be
waived and the ordinance be voted upon for final
passage at this time, Ayes: Courtney, McDonald,
Strait, Zuber, Ambrisco, Baker. Nays: None.a; UA D '
Absent: Dickson.
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