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1985-04-09 Resolution
Lx) RESOLUTION NO. 85-76 RESOLUTION ADOPTING SUPPLEMENT NUMBER 23 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the 23rd supple- ment to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number 23 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 23_ 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 Strait and seconded by Ambrisco the Resolution be adopted, and upon rol call there were: AYES: NAYS: ABSENT: X X X X X X X Passed and approved this Ambrisco Baker Dickson Erdahl McDonald _ Strait Zuber 9th day Rf April , 1985 ATTEST: 1 ice:., J CI Y CLER Recalnd A Apipw6d dyat 77!" �_p S 11 SUPPLEMENT N0.23 CODE OF ORDINANCES I i City of I IOWA CITY, IOWA ! Looseleaf Supplement i I This Supplement contains all ordinances from the calendar quarter, October through December, 1984, beginning with the I last meeting of September, 1984, which are suitable for inclusion in the Code; the latest ordinance in this Supplement is: Ordinance No. 843218, enacted December 18,1984. See Code Comparative Table, page 2964. Remove old pages Insert new pages ' xv through xviii xv through xviii.i 11,12 11,12 303,304 303,304 325 325 through 338 367 through 370 367 through 370 543 through 550 543 through 550.2 639,640 639, 640, 640.1 963,964 963,964 980.3, 980.4 980.3, 980.4, 980.4.1 980.7, 980.8 980.7, 980.8, 980.8.1 1237 through 1240 1237 through 1240 1725, 1726,1727 1726,1726, 1727 1853 through 1856 1863 through 1864 2507,2508 2507,2508 2511,2512 2511,2512 2515,2516 2515,2516 2537 through 2540 2537 through 2540 2553 through 2656 2553 through 2556.1 2559,2560 2559,2560 2567 through 2576 2567,2568 2585 through 2590 2585 2617,2618 2617, 2618, 2618.1 Note—Checklist is not updated this Supplement. _j 'O g INSTRUCTION SHEET—Cont'd. /r I 2645 through 2648 2645 through 2648.1 I 2675 through 2678 2675 through 2678 2913,2914 2913,2914 j 2963,2964 2963,2964 Index pages Index pages 2979,2980 2979,2980,2980.1 2987 through 2990 2986.1 through 2989 2997,2998 2997,2998 3015,3016 3015, 3016, 3016.1 3077,3078 3077,3078 3083,3084 3083,3084 3087,3088 3087,3088 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida March, 1985 i Q TABLE OF CONTENTS Page Officials of City . ................... ....... .... —..__...___-. ift Preface ...._. _ ..._ �.._...�_.__....._. Adopting Ordinance ...................................................................... nr Checklist of Up -to -Date Pages ............................................. [3] PART I CHARTER Charter................... -- -- --- --�_ _ ..._ 1 Art. I. Powers of the City ...... ....................._..... 2 Art. H. City Council ........— ._ ,-_..•�_.. 8 Art III. Nomination, Primary Election and Regular Election ___ ._._.__ 8 Art IV. City Manager , —� 7 Art. V. Boards, Commissions and Committees._. 10 Art VI. Campaign Contributions and Expend- itures .... , ..... ___... _ �_-- 11 Art VII. Initiative and Referendum .....-....__ 12 Art VIII. Charter Amendments and Review 18 Charter Comparative Table _.._.—... �.:� _• 71 PART 11 CODE OF ORDINANCES Chapter 1. General Provisions................................................................. 121 2. Administration �•__„_ 179 Art I. In Cenral _ _ 177 Art II. Council ...._.�.- 180 Art III. Officers and Employees ._......... — 181 Div. 1. Generally 181 Div. 2. Mayor ..................................................... 181 Div. S. Manager ................................................. Div. 4. Attorney ................................................ 188 Supp. Na 23 xv V"__(Xii 0 S?J IOWA CITY CODE n I Chapter Page Div. 6. Clerk -- _ _ 196 Div. 6. Personnel Practice 187 Art. IV. Boards and Commissions-__— 187 Div. 1. Generally _-----.. 187 Div. 2. Civil Service Commission — 189 Art. V. Department of Finance .... -_..... —_ 190 Art. VI. Department of Housing and Inspec- tion Services ....... 191 Art. VII. Department of Human Relations ---. 192 Art. VIII. Department of Public Works _..._ 199 Art. IX. Administrative Code _-...... —._.._.... 194 Art. X. Financial Procedures _-___._.....--___ 199 Art. XI. Department of Public Transportation.--- 202 S. Advertising _ .____. 261 Ark I. In General 261 Art. II. Billposters, Billposting and Distribut- Ing 261 4. Airports and Aviation.......................................................... 303 Art. I. In General.......................................................... 303 Art. II. Commission...................................................... 306 Art. HI. Operation Regulations ................................. 307 Art. IV. Fire Regulations ............................................ 324 Art. V. Airport Zoning ................................................ 326 6. Alcoholic Beverages -_ ........... .......... S63 Art. I. In General 868 Art. H. Liquor Control Licenses and Beer Permits -. ...... 6. Amusements ...... _.---_.._ _ —_— 431 Art. I. In General ...- . .............. _.... 481 Art. II. Circuses, Carnivals, Menageries and Exhibitions _-__._ 431 7. Animals and Fowl 483 Art. 1. In General .... _...... _.. — —_ — 483 Art. II. Pets� ___ 484 Div. 1. GencrallY-•_•••-••••-•--•— -----_ 484 Div. 2. Impoundment __ _._ 489 Supp, Na 29 xvi S?J TABLE OF CONTENTS—Cont'd. Chapter Page Div. S. Rabies and Disease Control .......... 492 Div. 4. Licensing and Vaccination __.._._ 498 8. Buildings and Building Regulations 526 Art. I. In General _ 526 Art. H. Building Code 525 •-_ Ark M. Abatement of Dangerous Buildings650 Ark IV. Mechanical Code ... 650 2 Art. V. House Movers 667 Div. 1. Generally — _ 667 Div. 2. Licensee and Permits — 568 9. Cemetery —..—_._ 617 9.1. City Plaza .._---- --------------- ----•- --- ----- 689 i 10. Elections ——._..-..-- 671 671 Art. I. In General Art. II. Municipal Election Campaign Finance Regulations — 671 Ark III. Precincts — - — 672 11. Electricity - -- 787 787 Ark 1 In General Art. II. Administration and Enforcement —_. 741 Ark III. Idceases, Certificates, Permits and Inspections — 749 12. Fire Prevention and Protection 811 Art. I. In General 811 Art. U. Code __— .. 818 Ark III. Department _.— _ 811 Div. 1. Generally _.... _._ 817 Div. 2. Bureau of Fire Prevention —...__ 818 18. Food and Food Establishments ----•--- 867 Art. I. In General - 867 Art. 11. Restaurants --•-- — 867 14. Franchises ----....— .... _..._. _.. 919 919 Ark I. Electricity —..._-- --••••_._.. Supp. Na 23 Xvll i IOWA CITY CODE Chapter Page j Art. II. Gas - -- - --- --- -—.-..... 924 I Art. III. Telephone ....... ................... — ......... _ 929 Art. IV. Broadband Telecommunications .......... 931 Div. 1. Generally ........ _...._—_.._..�. 931 Div. 2. Enabling Ordinance -..._.-.. __.— 933 16. Garbage, Trash and Refuse ._— _ 981 Art. I. In General--_�981 Art. IL Collectors -._ ........ _ 988 Div. 1. Generally ........... .V ......... _......... 988 Div. 2. Permit —__.__ .................... _.—.... 988 Art. III. Storage .� �- 989 Art. IV. Collection, Transportation and Dis- posal �__-_.._.__......�------._. 992 Art. V. Littering _— ----- --- _._—__ ..-....---994.1 16. Health and Sanitation (Reserved) _............ _ 1049 17. Housing .... _ _-—__.....—. 1149 18. Human Rights _— �_......__..... _._ 1229 Art. I. In General ...... _ .—.: _ 1229 Art. II. Commission -_ _ _ .... 1232 Art. III. Discriminatory Practices —._ ..-._ 1234 19. Junk Dealers and Pawnbrokers _._---- 1297 Art. I. In General ..... —...__-------- —....—....._.... 1297 Art. II. Licenses '__._....�__1300 20. Library ..__ —_ ....__.- _—.-- — _—•, 1361 Art. I. In General _ 1861 Art. II. Board of Trustees __—_ _.... _-.. 1362 21. Licenses and Miscellaneous Business Regulations .._ 1407 Art. I. In General _ 1407 Art. II. Fortune-tellers, Palmists, Phrenolo- glsts and Clairvoyants — ._..._ 1409 Art. 111. Going -Out -of -Business, Removal -Of - Business, Fire and Other Altered GoodsSales .... ............... _..................... 1409 Supp. Na 29 xvJii .j g.s a_ CHARTER Art. VI; § 8.06 to, the adoption of by-laws and rules pertaining to'open meetings. B. The Council shall specify, for each Board, methods for informal and formal communication with Council, time sched- ules for the completion of reports requested by Council and such rules as it deems appropriate. C. A Board may establish additional rules and procedures that are consistent with State law, Council rules, and this Charter. ARTICLE VI. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES Section 6.01. Limitations on the amount of campaign contributions. The Council, by ordinance, shall prescribe limitations on the amount of campaign contributions made by an individual or po• litical committee to a candidate for election to Council. (Ord. No. 77-2826, § R, 3.16.77) Section 6.02. Disclosure of contributions and expenditures. The Council, by ordinance, shall prescribe procedures re- quiring, immediately before and after each regular, special, primary, or run-off election, the disclosure of the amount, source and kind of all contributions received and expenditures made by (1) each candidate for election to Council and (2) any and all other persons, for the purpose of aiding or secur- ing the candidate's nomination or election. Section 6.03. Defini(ion. Within this article an expenditure or contribution does not mean a person's time donated to aid or promote a candidate's nomination or election. Sectien 6.04. Violations. The Council, by ordinance, shall prescribe (1) penalties for the violation of the expenditure limitations and disclosure Supp. No. 23 11 i Art VI, § 6.04 IOWA CITY CODE 1 t requirements it establishes pursuant to this section and (2) when appropriate, conditions for the revocation of a candi- date's right to serve on Council if elected, consistent with State law. ARTICLE VII. INITIATIVE AND REFERENDUM Section 7.01. General provisions. A. Authority. (1) Initiative. The qualified voters have the right to pro- pose ordinances to the Council and, if the Council fails to adopt an ordinance so proposed without any change in substance, to have the ordinance submitted to the voters at an election. (2) Referendum. The qualified voters have the right to require reconsideration by the Council of an existing ordinance and, if the Council fails to repeal such ordi- r nonce, to have it submitted to the voters at an election. (3) Definition. Within this article, "ordinance" means all measures of a legislative nature, however designated, which (a) are of a permanent rather than temporary character and (b) include a proposition enacting, amending or repealing a new or existing law, policy or Plan, as opposed to one providing for the execution or administration of a law, policy or plan already enacted by Council. B. Limitations. (1) Subject matter. The right of initiative and referendum shall not extend to any of the following: (a) Any measure of an executive or administrative nature. (b) The City budget. (c) The appropriation of money. (d) The levy of taxes m• special assessments. 1 Supp. No. 29 12 t SSS Chapter 4 AIRPORTS AND AVIATION• Art. 1. In General, 414.1--4.15 Art. Il. Commission, I14.16-4.54 Art. 111. Operation Regulations, It 435-4-64 Art. IV. Fire Regulations, li 445-4.70 Art. V. Airport Zoning, li 4.71-4-95 ARTICLE I. IN GENERAL Sec. 4.1. Operation over city. No person shall operate or cause to be operated in the air over the city any airplane, balloon or other aircraft at an alti- tude of less than one thousand (1,000) feet, or perform with the same any tailspin, loops or other so-called stunts or acro. batics or maneuvers of a similar nature above the city nor land the same within the city limits unless the written consent of the city council to so operate or land the same has first been secured, except at the airport under the rules and regu- lations governing the same and in compliance with the laws of the state. (Code 1966, § 3.22.6) Sec. 4.2. Instruction, flying and test flights. All persons instructing student pilots in flying on the air- port shall fully acquaint such students with the rules and regulations in effect, on the airport, and shall be responsible for the conduct of students while under their instruction. In addition, they must be made familiar with the air regulations of the Federal Aviation Administration of the U.S. Depart- ment of Transportation. (Code 1966, § 3.22.7) Sec. 4.3. Parking and mooring areas, deadline, etc. (a) Mooring required; liability. All unhoused aircraft shall be parked in the space designated for this purpose and shall be firmly secured to the ground by ropes and stakes, or other- -Cross references—Throwing litter from aircraft prohibited, ¢ 15-80; streets, sidewalks and other public places, Ch. al. State law reference—Airports, I.C.A. Ch. 330. Supp. No. 23 303 S8S J 4.3 IOWA CITY CODE wise, when left unattended or during weather conditions which indicate the necessity therefor. Owners of such aircraft shall be held responsible for any damage resulting from failure to properly comply with this rule. (b) Operating lines designated. The plane or operating lines shall be designated by the airport manager. (c) Deadline, regulations. A deadline shall also be desig- nated by the airport manager and no person, excepting a pilot or mechanic attached to the airport or employed by the owner of a plane or an operator on the airport, or an owner of such plane, or duly authorized officers or officials charged with the duty of enforcing local, state, or federal laws or regula- tions shall cross the deadline or enter upon the flying field unless he/she is to participate in a flight: If such person is to participate in a flight he/she shall not cross the dead line until the plane in which he/she is to fly has come to a full stop and the pilot thereof has signaled that he/she is ready. Such a person shall, upon alighting from the plane, leave the landing area by the shortest possible route. i (d) Deadline marked. The deadline will be indicated by a fence or other suitable markers, and may be changed from time to time as conditions require. (e) Parking space for autos to be marked. Parking space is available and automobiles and other vehicles, with the ex- ception of vehicles regularly employed in the service of the airport, shall be kept within the confines of this parking space. (Code 1966, § 3.22.8) Sec. 4.4. Violations. (a) It shall be unlawful to violate or refuse to obey any of the rules and regulations of this chapter. (b) Any person operating or handling any aircraft in viola- tion of these rules, or refusing to comply therewith, may be promptly, removed or ejected from the airport or be tempo- j rarily "grounded" by or under the authority of the airport manager and, upon order of the city, may be deprived of the Supp. Na 23 304 SSS AIRPORTS AND AVIATION 44.72 See. 4.68. Exemptions. Officers and enlisted personnel of the United States Army, Air Force, Navy, or Marine Corps, and officials of the United States, while actively engaged in the operation of aircraft in the service of the government, shall not be subject to the pro. visions of this article. (Code 1966, § 3.22.9; Ord. No. 823078, § 2, 8.31-82) '. Secs. 4-69,4-70. Reserved. ARTICLE V. AIRPORT ZONING• Sec. 4-71. Purpose. The purpose of this article, to be known as the "Johnson County/Iowa City Airport Zoning Ordinance," or the "Airport Zoning Ordinance," is to exercise to the fullest extent possible the powers granted to municipalities under Chapter 329 of the i Code of Iowa (1983) relating to the restriction of airport hazards in the vicinity of airports by establishing airport overlay zones in which airport hazards and incompatible uses are prohibited. (Ord. No. 84-3211, 4 1, 11-6.84) Sec. 472. Findings. The city council of Iowa City and the board of supervisors of Johnson County find that airport hazards and incompatible uses would endanger the lives and property of users of the Iowa City Municipal Airport, and occupants of land and other persons in its vicinity, and also would tend to destroy or impair the utility of the airport and the public investment therein; accordingly, each municipality does hereby declare that: (a) The creation or establishment of an airport hazard is a public nuisance causing potential injury to those served by the airport; -Editor's note—Ord. No. 84.3211, adopted Nov. 6, 1984, by the city and ap. proved by the county board orsupervisions on Nov, 8, 1984, has been included as Art. V hereof at the editor's discretion. Section 16, a repenter clause, R 17, severnbilily, and S 18, effective date, were omitted to preserve Code format. Crass reference—Zoning, generally, I Ch. 36. Supp. No. 23 325 S 4 4.72 IOWA CITY CODE (b) It is necessary in the interest of the public health, safety, and general welfare that creation of airport hazards and the establishment of incompatible uses of land be prevent. ed, and that this be accomplished, to the extent legally possible, by proper exercise of the police power; (c) The prevention of the creation or establishment of airport hazards and incompatible uses, and the elimination, re- moval, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which a municipality may raise and expend public funds, as an incident to the operation of the airport, to acquire land or property interests therein; (d) Because of the propensity of sanitary landfills for attract. ing birds, which in turn are hazardous to aircraft in Right, landfills are not considered compatible with airport operations; (e) It is highly desirable that there be no structures or natural objects or traverseways within the airport clear zones; and (f) Neither municipality shall become liable for the expendi- ture of its public funds unless such expenditure shall have been approved in advance by its governing body. (Ord. No. 84.3211, § 2, 11.6-84) Sec. 4.73. Definitions. The following definitions only apply in the interpretation and enforcement of the airport overlay zones: Airport• The Iowa City Municipal Airport. Airport elevation: The highest point of the airport's useable landing area measured in feet above mean sea level, which ele- vation is established to be six hundred sixty-one (661) feet. Airport hazard- Any structure, tree or use of land which would exceed the Federal obstruction standards as contained in Part 77, Subpart C of the Code of Federal Regulations, as revised March 4, 1972 (the "Federal Aviation Regulations" or "FAR'), and which obstructs the airspace required for the Right of aircraft and landing or takeoff at the airport or is otherwise hazardous to such landing or taking off of aircraft. Supp. No. 23 326 f Soy AIRPORTS AND AVIATION 4 4.73 Airport layout plow A drawing in the airport master plan depicting existing and future property lines and facilities includ. ing but not limited to runways, taxiways, aprons, buildings and clear zones. The airport layout plan is a component part of the master plan. Airport master platy A comprehensive plan for development of the airport over a twenty-year time period. The master plan includes, among other things, aviation activity forecasts, deter. minations of needed airport facilities, a financial plan and pro. posed time schedule for developing facilities included in the mas. ter plan, and recommendations for use of land on and adjacent to the airport. Airport overlay zoning map: The charts or maps of the Iowa City Municipal Airport upon which the airport overlay zones are depicted. Copies of such map are on file in the office of the city clerk of Iowa City, and in the office of the Johnson County auditor. Airport primary surface A surface longitudinally centered on a runway which extends two hundred (200) feet beyond the end of a runway. The width of the primary surface of a runway shall be that width prescribed in Part 77 of the Federal Aviation Regula- tions for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. Airspace height: For the purpose of determining the height limits in all zones set forth herein and shown on the airport overlay zoning map, the datum shall be mean sea level elevation unless otherwise specified. Inner edge- The inner boundary of an approach or clear zone which is located two hundred (200) feet out from the physical end of a paved runway (except as otherwise noted). This inner edge is perpendicular to the runway center line. Instrument runway. A runway with an existing instrument approach procedure or for which an instrument approach proce. dure has been approved or planned. Light lana- An area on the approach end of a runway reserved for the installation of light bars to reduce landing minimums on Supp. Na 23 327 i S&S § 4.73 IOWA CITY CODE instrument approaches. Usually four hundred (400) feet by one thousand six hundred (1,600) feet with a slope of fifty (50) to one. Minimum descent altitude: The lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during circle -to -land maneuvering in execution of a standard instrument approach procedure and where no electronic glide slope is provided. Minimum enroute altitude: The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes. Minimum obstruction clearance altitude The specified altitude in effect between radio fixes on VOR airways, off -airway routes, or route segments which meets obstruction clearance require- ments for the entire route segment and which assures acceptable navigational signal coverage within twenty-two (22) miles of a VOR. Runway.- A defined area on an airport prepared for landing and takeoff of aircraft along its length. „ Visual runway: A runway intended solely for the operation of aircraft using visual approach procedures with no straight -in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan or on any planning document submitted to the Federal Aviation Adminis- tration (FAA) by competent authority. (Ord. No. 84-3211, § 3, 11.6.84) Sec. 4.74. Airport zones and air space height limitations. In order to carry out the provisions of this section, there are hereby created and established certain zones which are depicted on the airport overlay zoning mop. A structure located in more than one zone of the following zones is considered to be only in the zone with the more restrictive height limitation, The various zones are hereby established and defined as follows: (a) Horizontal overlay (011) zone (1) Defined The land lying under a horizontal plane one hundred fifty (150) feet above the established airport Supp. Na 23 328 579 AIRPORTS AND AVIATION 44.74 elevation, the perimeter of which is constructed by swinging arcs of ten thousand -foot radii from the cen. ter of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. (Note: The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a five thousand -foot arc is encom- passed by tangents connecting two (2) adjacent ten thousand -foot arcs, the five thousand -foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.) (2) Height limitation. No structure shall extend one hun. dred fifty (160) feet above the established airport ele. vation in the OH zone, as depicted on the airport over- lay zoning map. (3) Use limitation Sanitary landfills shall not be permit- ted in the OH zone. (b) Conical overlay (OC) zone (1) Defined The land lying under a surface extending out. ward and upward from the periphery of the horizontal surface of the OH zone at a slope of twenty (20) to one for a horizontal distance of four thousand (4,000) feet. (2) Height limitation. No structure shall penetrate the conical surface in the OC zone, as depicted on the airport overlay zoning map. (3) Use limitation. Sanitary landfills shall not be permit. ted in the OC zone. (c) Approach overlay (OA) zone (1) Defined The land lying under surface longitudinally centered on the extended runway center line and ex- tending outward and upward from each end of the primary surface. (Note: An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end.) Supp. Na 23 329 51.5- 14-74 IOWA CITY CODE a. The inner edge of the approach surface is: 1. Five hundred (500) feet wide for runways 12, 17, 30 and 35. 2. One thousand (1,000) feet wide for runways 6 and 24 (the inner edge for runway 6 is one thousand two hundred (1,200) feet from the existing pavement). b. The outer edge of the approach surface is: 1. One thousand five hundred (1,500) feet wide for runways 12 and 17. 2. Three thousand five hundred (3,500) feet wide for runways 6, 30 and 35. 3. Four thousand (4,000) feet wide for runway 24. c. The approach surface zone extends for a horizon• tal distance of: 1. Five thousand (5,000) feet at a slope of twenty _ (20) to one for runways 12 and 17. 2. Ten thousand (10,000) feet at a slope of thirty. four (34) to one for runways 6, 24, 30 and 35. d. The light lane for runway 24 is four hundred (400) feet wide beginning at a point four hundred ninety (490) feet southwesterly on the runway center line from the center of the end of the existing runway Pavement (including any and all paved safety areas), extending for a horizontal distance of one thou. sand six hundred (1,600) feet northeasterly at a slope of fifty (50) to one. (2) Height limitation. No structure shall penetrate the approach surface in the OA zone, as depicted on the airport overlay zoning map. (3) Use limitation. Sanitary landfills shall not be permit. ted in the OA zone. (d) Clear overlay (OCL,) zona Supp. No. 23 330 .S00s AIRPORTS AND AVIATION 14-74 (1) Defined The land lying under a surface longitudinally centered on the runway center line or extension thereof and described as follows: a. Runway 6: one thousand (1,000) feet wide begin- ning at a point two hundred (200) feet from the edge of the existing runway on the extended run. way center line for a horizontal distance of one thousand (1,000) feet; thence widening uniformly to a width of one thousand four hundred twenty. five (1,425) feet at a distance of two thousand seven hundred (2,700) feet from the point of beginning. b. Runways 12 and 17: five hundred (500) feet wide at the inner edge of the OA zone; thence widening uniformly to a width of seven hundred (700) feet a distance of one thousand (1,000) feet from the inner edge. c. Runway 24: one thousand (1,000) feet wide begin- ning at a point four hundred ninety (490) feet southwesterly on the runway center line from the center of the end of the existing runway pavement (including any and all paved safety areas); thence widening uniformly to a width of one thousand five hundred ten (1,510) feet at a distance of one thousand seven hundred (1,700) feet northeasterly on the extended runway center line from the point of beginning; thence, at a distance of one thou- sand seven hundred (1,700) feet northeasterly from the point of beginning, the width shall be eight hundred thirteen (813) feet wide and widening uniformly to a width of one thousand ten (1,010) feet wide at a distance of two thousand three hun- dred ninety (2,390)feet northeasterly on the ex- tended runway center line from the point of beginning.. d. Runways 30 and 35: five hundred (500) feet wide at the inner edge of the OA zone; thence widening uniformly to a width of one thousand ten (1,010) feet at a distance of one thousand seven hundred Supp Na 29 (1,700) feet from the inner edge. 331 5005, 4 4.74 IOWA CrrY CODE (2) Height limitation. No structure shall penetrate the clear surface of the OCL zone, as depicted on the air. port overlay zoning map. (3) Use limitations No use shall be permitted in the OCL zone in which there is connected therewith a building which according to the 1982 Edition of the Uniform Building Code, has an occupancy rating of fifty (50) square feet of floor area per person or less. In addition, the following uses shall not be permitted: a. Campgrounds. b. Fairgrounds. c. Hospitals and institutions. d. Motels and hotels. e. Nursing and custodial home. f. Residential uses. g. Restaurants and similar eating and drinking establishments. h. Sanitary landfills. i. Schools, including nurseries, prekindergarten and kindergartens. j. Stadiums. k. Storage of fuel or other hazardous materials. 1. Theaters. (e) Transitional overlay (OT) zona (1) Defined The land lying under those surfaces extend. ing outward and upward at right angles to the runway center line and the runway center line extended at a slope of seven (7) to one from the sides of the primary surface and from the sides of the approach surfaces to the intersection with the horizontal overlay (OH) zone. (2) Height limitation No structure shall penetrate the transitional surface of the OT zone, as depicted on the airport overlay zoning map. (3) Use limitation. Sanitary landfills shall not be per. mitted in the OT zone. (Ord. No. 84.3211, 3 4,11.6.84) Cross references—Broadband telecommunications franchises' antennas and towers to comply, 114-84; height exceptions, C 96.70. Supp. No. 23 332 5�5 AIRPORTS AND AVIATION 14.76 Sec. 4.76. Use restrictions. In addition to the above restrictions on land, the following special requirements shall apply: (a) Any person who proposes any development of a height greater than an imaginary surface extending outward and upward at the slope of one hundred (100) to one for a horizontal distance of twenty thousand (20,000) feet from the nearest point of tlie nearest runway shall notify the Federal Aviation Administration (FAA), One executed form set (four (4) copies) of FAA Form 7460.1, "Notice of Pro- posed Construction or Alteration' shall be sent to the chief, air traffic division, of the FAA Regional Office in Kansas City, Missouri, one copy to the Iowa City Airport Commis- sion, and one copy to the Johnson County/Iowa City Air- port Zoning Commission. (Copies of FAA Form 7460-1 may be obtained from the FAA. See Federal Aviation Regula. tions, Section 77.13.) EXCEPTION: No person is required to notify the FAA administrator of the construction or alteration of any ob. ject that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height, and would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation. (See Federal Aviation Regulations, Section 77,16.) It shall be the responsibility of the appro. priate building official, prior to issuance of a building permit for such object, to determine whether or not the shielding statis6es the foregoing requirements, (b) No structure shall be erected that raises the published minimum descent altitude for an instrument approach to any runway, nor shall any structure be erected that causes the minimum obstruction clearance altitude or minimum enroute altitude to be increased. Supp. Na 23 `J 333 97r i 64-75 IOWA CITY CODE (c) Lighting. (1) All lighting or illumination used in conjunction with streets, parking, signs or other use of land and struc- tures shall be arranged and operated in such a man- ner that it is not misleading or dangerous to aircraft operating from the airport or in the vicinity thereof. (2) The owner of any structure over two hundred (200) feet above ground level shall install on the structure lighting in accordance with Federal Aviation Admin- istration Advisory Circular 70-7460 and amendments. (3) Any permit or variance granted by the airport board of adjustment may be so conditioned as to require the owner of the structure or growth in question to permit the city or the Iowa City Airport Commission to in- stall, operate and maintain thereon such markers or lights as may be necessary to indicate to pilots the presence of an airspace hazard. (d) No operations from any use shall produce electronic inter- ference with navigation signals or radio communication between the airport and aircraft. (Ord. No. 84-3211, § 6, 11.6.84) Sec. 4.76. Nonconformities. (a) Dejned. Any structure or portion thereof which does not conform to the provisions of this article relative to height, and any use which is not allowed within the airport overlay zone in which it is located by reason of the adoption of Iowa City Ordi- nance Nos. 83-3133 and 83.3160, or this article or subsequent amendments thereto, is nonconforming. . . (b) Regulations not retroactive The regulations prescribed herein shall not be construed to require the removal, lowering, or other change to or alteration of any structure or tree not conforming to the regulations as of the effective date of this article, or to other- wise interfere with the continuance of any nonconforming use. However, no preexisting nonconforming structure, tree, or use shall be replaced, rebuilt, altered, or allowed to grow higher, or be replanted, so as to constitute a greater airport hazard than it was when these regulations were adopted. Nothing contained Supp. No. 23 334 9.9 1 AIRPORTS AND AVIATION 44.78 herein shall require any change in the construction, alteration, or intended use of any structure, construction or alteration of which was begun prior to the effective date of this article and is completed within one year thereafter. (c) Marking and lighting. Notwithstanding the preceding pro. vision of this section, the owner of any nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be necessary to indicate to the operator of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the Iowa City Airport Commission. (Ord. No. 84.3211, 4 6, 11.6-84) Sec. 4-77. Airport zoning commission. A Johnson County/Iowa City Airport Zoning Commission shall be provided as follows: The airport zoning commission shall con. sist of five (5) members, two (2) of whom shall be appointed by the board of supervisors of Johnson County and two (2) of whom shall be selected by the city council of the City of Iowa City, Iowa, and one additional member to act as chairman, who shall be selected by a majority vote of the members selected by the board of super• visors and city council. The terms of such members shall be as provided by Section 329.9 of the Iowa Code. As required by Sec. tion 329.9 of the Iowa Code, such airport zoning commission shall follow the procedures provided in Sections 414.4 and 414.6 of the Iowa Code. (Ord. No. 84.3211, F 7, 11-6.84) Charter reference—Doarde. commissions and committees, 44 8.01.5.03. Cross reference—General requirements for boards and commissions, If 2.100-2.103. Sec. 4.78. (Board of adjustment. An airport board of adjustment ("board') is hereby established as follows: The board shall consist of five (6) members, two (2) of whom shall be appointed by the board of supervisors of Johnson County and two (2) of whom shall be appointed by the city council of Iowa City, and one additional member to act as chairman who shall be selected by a majority vote of the members selected by Supp. No. 23 335 �J 14.78 IOWA MY CODE 11—� the board of supervisors and city council. The terms of such members shall be as provided in Section 329.12 of the Iowa Code. Such board shall have the powers and duties, and shall follow the procedures, provided by Sections 329.11 and 329.12 of the Iowa Code. (Ord. No. 84-3211, § 8,11-6.84) Sec. 4-79. Special exceptions. (a) The height and use limitations contained in the airport overlay zones may be modified by special exception granted by the airport board of a4justment. However, no such special excep. tion shall be granted unless the board finds, based upon written advice from the Federal Aviation Administration, and the aero- nautics division of the Iowa Department of Transportation, that: (1) In an application to permit any structure, tree, or use of land to exceed the height or use limitations of the airport overlay zones, that such structure tree, or use of land, would not obstruct landing and take -off of aircraft at the airport. (2) In the application to permit a use of land otherwise prohib• ited herein, that such use would not be incompatible with _ airport operations. (b) An applicant for a special exception hereunder shall, as part of the application submitted to the board, file the required written advice of the Federal Aviation Administration, and the aeronautics division of the Iowa Department of Transportation. No application for a special exception hereunder shall be set for hearing by the board until such advice has been filed. (Ord. No. 84.3211, § 9, 11.6.84) Sec. 4-80. Variances. Any person desiring to erect, or increase the height, of any structure, or to permit the growth of any tree, or otherwise use property in a manner which would constitute a violation of these regulations, may apply to the board for a variance from these regulations. Such variances shall be allowed only where a literal application or enforcement of these regulations would result in unnecessary hardship, and the relief granted would not be con - Supp No. 29 336 5M AIRPORTS AND AVIATION 1482 i trary to the public interest, but would do substantial justice and be in accordance with the spirit of these regulations and of Chap- ter 329 of the Iowa Code; provided however, any such variance 1 may be allowed subject to any reasonable conditions that the board may deem necessary to effectuate the purposes of Chapter 329 of the Iowa Code, including but not limited to the following: Any such variance shall be subject to a requirement that the person requesting the variance, at such person's own expense, install, operate, and maintain thereon such markers and lights as may be necessary to indicate to operators of aircraft the Pres. ence of an airport hazard; and the reservation of the right of the City of Iowa City and the Iowa City Airport Commission, at their own expense, to go onto the permittees property to install, oper- ate, and maintain thereon such markers and lights as may be necessary to indicate to operators of aircraft the presence of an airport hazard. Any appeal from the decision of the board of adjustment shall be in accordance with the provisions of Section 414.16 at seq. of the Iowa Code. (Ord. No. 84-3211, 4 10, 11-6-84) Sec. 4.81. Administration and enforcement The administration of these zoning regulations shall be per. formed by the appropriate county or city building official, as the case may be. Enforcement of these zoning regulations shall be the responsibility of the Iowa City Airport Commission, or through such persons or representatives as the Iowa City Airport Com- mission may from time to time direct. However, as provided by Section 329.13 of the Iowa Code, such duties of enforcement and administration shall not include any of the powers herein dele- gated to the board of adjustment. (Ord. No, 84.3211, ¢ 11,11-6.84) Sec. 4.82. Equitable remedies. The City of Iowa City or the Iowa City Airport Commission may, as authorized by Section 329.6 of the Iowa Code, maintain an action in equity to restrain and abate as a nuisance the creation or establishment of an airport hazard pertaining to the Iowa City Municipal Airport in violation of these regulations for any area, whether within or without the territorial limits of the City of Iowa City. (Ord. No. 84.3211, 4 12,11-6.84) Supp Nm 23 337 S8s 114-83 IOWA CITY CODE Sec. 4-83. Conflicting regulations. In the event of any conflict between these airport zoning regu. lations and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirements shall govern or prevail. (Ord. No. 84-3211, § 13, 11.6.84) Sec. 4-84. Prohibited acts. It shall be unlawful for any person to do any of the acts herein- after stated unless a special exception or variance from the provi. sions of these regulations shall have been allowed by the board of adjustment: (1) No person shall erect or increase the height of any struc. ture, or permit the growth of any tree, to a height in excess of that provided by [any) of these regulations for the zone or area where such act occurs. (2) No person shall hereafter place, or cause to be placed, above ground, transmission or distribution lines or poles or other structures supporting the same within two hun- dred (200) feet of the outer boundary of the airport as said boundary is shown on the airport overlay zoning map. (3) No person shall otherwise use property within a zone es. tablished by these regulations in violation of the use re- strictions of these regulations, or in such a manner as to create an airport hazard as defined herein. (Ord. No. 84-3211, § 14, 11.6.84) Sec. 4-85. Penalties. Each violation of these regulations shall constitute a misde- meanor and the perpetrator thereof, upon conviction, shall be punished as prescribed in section 1.9 of this Code. Each day a violation occurs or continues to exist shall constitute a separate offense. (Ord. No. 84.3211, § 15, 11-6.84) Supp. No. 23 336 [The next page Is 3631 L -F.5- ALCOHOLIC BEVERAGES G 6.3 of noon and 10:00 p.m. on Sunday. A holder of a class C beer permit as defined in Article II of this chapter may sell beer from noon until 10:00 p.m. on Sunday. (3) Sell alcoholic liquor or beer to any person on credit except with a bona fide credit card. This provision shall not apply to sales by a club to its members nor to sales by a hotel or motel to bona fide registered guests. (4) Employ any person under the age of eighteen (18) Years in the sale or serving of alcoholic liquor or beer for consumption on the premises where sold. (6) Sell, give or otherwise supply any alcoholic beverage or beer to any person knowing or having reasonable cause to believe such person is under legal age, or permit any person knowing or having reasonable cause to believe such person is under legal age to consume any alcoholic beverage or beer. (6) In the case of a retail beer permittee, knowingly allow the mixing or adding of alcohol or any alcoholic bever- age to beer or any other beverage in or about his/her place of business. (7) Keep, or allow to be kept, gambling devices of any kind or description on the premises or place of business of the licensee or permit holder, contrary to law. (8) Permit dancing unless the permittee has first secured a dance hall license under the provisions of the ordi. nances of this city. (Code 1966, § 5.24.18; Ord. No. 2605; Ord. No. 2642, § 19; Ord. No. 73-2677; Ord. No. 73-2686, § II, 10.9-73; Ord. No. 79-2950, § 2, 4-3-79) See. 5.3. Beer brand signs prohibited. No signs or other matter advertising any brand of beer shall be erected or placed upon the outside of any premises occupied by a licensee or permittee under this chapter authorized to sell beer at retail. All such signs formerly erected shall be Supp. Na 23 367 _i 1 5-a IOWA CITY CODE removed by the owner thereof by July 1, 1974. (Code 1966, § 5.24.19; Ord. No. 2605) Cross reference—Advertisiox, Ch. 8. Sec. 54. Consumption in public places; intoxication It shall be unlawful for any person to use or consume alcoholic liquors or beer upon the public streets or highways, or to consume alcoholic liquors in any public place, except premises covered by a liquor control license. (Code 1966, § 5.24.23; Ord. No. 2605) See. 5.5. Persons under legal age. No person shall sell, give or otherwise supply alcoholic liquor or beer to any person knowing or having reasonable cause to believe such person is under legal age, and no person under legal age shall individually or jointly have alcoholic liquor or beer in his/her possession or control; except in the case of liquor or beer given or dispensed to a person under legal age within a private home and with the knowledge and " consent of the parent or guardian for beverage or medicinal purposes or as administered to him by elther a physician or dentist for medicinal purposes, and except to the extent that a person under legal age may handle alcoholic beverages and beer during the regular course of his employment by a liquor control licensee or beer permittee under state law. (Code 1966, § 5.24.24; Ord. No. 2605) Cross reference—Curfew for minors, Ch. 24, Art. 11, Div. S. See. 5.6. Dancing restricted in connection with business (a) When allowed. Dancing is hereby authorized in connection with the operation of a liquor control license or a class B beer permit in establishments having at least one hundred fifty (150) square feet for dancing subject to the licensing provisions and regulations of this Code and the statutes of the state. (b) License required. It shall be unlawful for any holder of a liquor control license or a class B beer permit to allow dancing in connection with the operation of such business without first securing a license therefor from the city clerk. Supp. No, 29 368 57s ALCOHOLIC BEVERAGES 15.8 (c) License application. A verified application for a license to allow dancing in connection with the operation of a liquor control license or a class B beer permit shall be filed with the city clerk and shall contain the following information: (1) The name and address of the applicant, (2) The location of the place of business of the liquor con. trol license or class B beer permit. (3) That he/she is a bona fide holder of a liquor control license or a class B beer permit. (4) That he/she consents to the entry of members of the city police, fire, and health departments without a search warrant to inspect the premises for violations of this ordinance. (6) A statement from the chief of police, the fire chief, and the building inspector that the premises comply with the ordinances of the city and the statutes of the state, (6) A detailed sketch and description of the premises. Such sketch shall include all rooms or enclosures which are operated in connection with the liquor control license or class B beer permit wherein the dancing shall be allowed and shall show the area designated for dancing and its dimensions. (7) A check, money order, or bank draft for he license fee required by the provisions of this section. (d) License fee The annual license fee shall be thirty-seven dollars and fifty cents ($37,50) for each one hundred fifty (150) square feet of dancing area. Such fee shall be prorated for frac• tions of the square foot requirements. The initial license shall be valid for the same time period as the applicant's liquor control license or class B beer permit, and the cost thereof shall be prorated on that basis of time, form he ccitlapplicationse issuance. If an y clerk hall place theappli ration on the agenda of the next regular council meeting at which the city council may by resolution grant a license if this section has been com. Supp. Nm 23 969 SkS § 5.6 IOWA CITY CODE plied with. If the resolution is approved, the city council shall issue a license to the applicant. (f) Pevocation of license. In the event that an applicant violates any of the provisions of this chapter, or chapter 123 of the Code of Iowa, his/her license shall be automatically re- voked; and no refund shall be made of the license fee. (g) Refunds. Any license holder who shall voluntarily surren. der his license shall be entitled to a refund for the balance of the term remaining. (Code 1966, § 5.24.26; Ord. No. 2639; Ord. No. 84-3213, § 2(l),(2), 11.6.84) Cre69 rrfemnce—Amusemenla generally, Ch. 6. Sec. 5.7. Dances for minors in connection with business— Generally. (a) Dances may be held for persons who are sixteen (16) years of age or older in establishments which hold beer or liquor licenses; however, no beer or liquor may be sold or consumed or in the possession of any person nor dis- played on the premises during the dances. (b) Dances may be held in said establishments between the hours of 1:00 p.m. and 11:00 p.m. each day. (c) The owner of the establishment shall provide a door- keeper at the entrance to determine the age of patrons, to determine that the occupancy limit is not exceeded in the establishment, and to check that patrons do not bring beer or liquor into the establishment. (Ord. No. 79-2959, § 2, 6.19-79) Sec. 5-8. Same—Permit required. The owner of the establishment shall make application to the city clerk for a dance permit. The application shall state the portion of the premises where dances shall be held, the hours proposed, and the provision for a doorkeeper. If the application indicates an intent to comply with this section, a dance permit shall be issued by the city council for one year at no cost. (Ord. No. 79-2959, § 2, 6-19-79) Hupp- Na 29 870 SP -s BUILDINGS AND BUILDING REGULATIONS 18-17 (g) Miscellaneous structures. Fences less than twelve (12) feet in height, lath houses and agricultural buildings shall be designed for the horizontal wind pressures as set forth in Table No. 23•F except that if the height zone is twenty (20) feet or less, two-thirds of the first line of listed values may be used. For greenhouses and prefabricated metal sheds four hundred (400) square feet or less and twenty (20) feet or less in height, one-half of the first line of listed values in Table No. 23•F may be used. The structures shall be designed to withstand an uplift wind pressure equal to three-fourths of the horizontal pressure. Section 2516, General construction requirements, subsection (p is amended to read as follows: (f) Fire and draft stops. I. Fire stops. Fire stopping shall be provided to cut off all concealed draft openings (both vertical and horizontal) and shall form an effective barrier between stories and between a top story and a roof space. It shall be used in i specific locations, as follows: (1) In exterior or interior stud walls, at ceilings and floor levels. (2) In all stud walls and partitions, including furred spaces, so placed that the maximum dimension of any concealed space is not over ten (10) feet. (3) Between stair stringers and top and bottom and between studs along and in line with run of stair adjoining stud walls and partitions. (4) Around top, bottom, sides and ends of sliding door pockets. (6) In spaces between chimneys and wood framing, loose and combustible materials shall be placed in non• combustible supports, or a metal collar tightly fitted to the chimney and nailed to the wood framing may be used. (6) Any other location not specifically mentioned above, such as holes for pipes, shafting, behind furring strips and similar places which could afford a passage for flames, Supp. Nm 23 643 _�i 18-17 IOWA CITY CODE !�W 1 Fire stops, when of wood, shall be two-inch nominal thickness. If the width of the opening is such that more than one piece of lumber is necessary, there shall be two (2) thicknesses of one -inch nominal material with joint broken or one thickness of three -quarter -inch plywood with joints backed by three -quarter -inch plywood. Fire stops may also be of gypsum board, cement asbestos board, mineral wall or other approved noncombustible material securely fastened in place. 2. Draft stops. In wood -frame floor construction where sus. pended ceilings occur, the space between the ceiling and the floor above shall be divided into areas not exceeding one thousand (1,000) square feet in a manner required for partitioning attic space in Section 3205. 3. Attics. (1) Single-family dwellings. None required. (2) All other uses. Draft stops shall be installed in at- tics, mansards, overhangs, false fronts set out from walls, and similar concealed spaces of buildings so that the area between draft stops does not exceed three thousand (3,000) square feet and the greatest horizontal dimension does not exceed sixty (60) feet. Such draft stops shall divide the attic space into approximately equal areas. EXCEPTION: Where approved automatic sprinklers are installed, the area between draft stops may be nine thousand (9,000) square feet and the horizontal dimension may be one hundred (100) feet. Section 2907, Footings, subsection (a) is amended to read as follows: (a) General. Footings and foundations, unless otherwise specifically provided, shall be constructed of masonry, concrete or treated wood in conformance with U.B.C. Standard No. 29.3 and in all cases shall extend below the frost line. Footings of concrete and masonry shall be of solid material. Foundations supporting wood shall extend at least six (6) inches above the adjacent finished grade. Supp. Na 23 544 5?5� 300 BUILDINGS AND BUILDING REGULATIONS 18-17 Footings shall have a minimum depth below finish grade as indicated in Table No. 29-A unless another depth is recommended by a foundation investigation. Exception: (1) A one-story wood or metal frame building not used for human occupancy and not over one thousand (1,000) square feet in floor area need not be provided with a footing extending below the frost line. Table Na 29-A, Foundations for stud -bearing'. I walls—Minimum requirements, is amended to read as follows: Numberof Thickness of Floors Foundation Waft Width Thickness Supported (inches) of of by the Footing Footing Foundation' Concrete Masonry (inches) (inches) 1 8 8 18 8 2 8 8 18 8 3 B 8 18 8 Notes: 'Where unusual conditions or frost conditions are found, foot- ings and foundations shall be as required in Section 2907(a). 'The ground under the floor may be excavated to the elevation of the top of the footing. 'Foundations may support a roof in addition to the stipulated number of floors. Foundations supporting roofs only shall be as required for supporting one floor. Section 3205, Attics: access, draft stops and ventilation, subsec. tion (a) is amended to read as follows: (a) Access. An attic access opening shall be provided in the ceiling of the top floor of buildings with combustible ceiling or roof construction, The opening shall be located in a corridor or hallway of buildings of three (3) or more stories in height and readily accessible in buildings of any height. Closets are not deemed to be readily accessible. Supp. Na 29 645 s -8s 18-17 IOWA CITY CODE The clear opening shall be not less than twenty (20) inches by thirty (30) inches. Thirty -inch minimum clear head room shall be provided above the access opening. Attics with a maximum vertical clear height of less than thirty (30) inches need not be provided with access openings. Section 3305, Stairways, subsection (b) is amended to read as follows: (b) Width. Stairways serving an occupant load of more than fifty (50) shall be not less than forty-four (44) inches clear tread width. Stairways serving an occupant load of fifty (50) or less may have a clear treed width of thirty-six (36) inches. Stairways serving an occupant load of less than ten (10) may have a clear tread width of thirty (30) inches. Handrails may project into the required width s distance of three and one-half (Mit) inches from each side of a stairway. Item No. 21 o/ Table 33-A is amended to read as follows: - (a) Definitions. For purposes of this section, a permanent covering over a public walkway is a covering supported en- tirely from the exterior wall of a building and which extends over more than seventy-five (75) per cent of the width of a Supp. No. 23 546 Access by meow of Minimum of 2 ramp or an ele. exits other than valor must ht elevators is re.. provided for the quired where Square feet physically han- numherof occu- per dicapped as in. Uses pants is over occupant' dicated' Enclosed 50 50 for the Yes' swimming pool area; pools 15 on the deck Section 4508, Permanent coverings over public walkways, is added to read as follows: - (a) Definitions. For purposes of this section, a permanent covering over a public walkway is a covering supported en- tirely from the exterior wall of a building and which extends over more than seventy-five (75) per cent of the width of a Supp. No. 23 546 BUILDINGS AND BUILDING REGULATIONS 4 B-17 i public right-of-way or over a walkway on private property which is open to the public as a matter of right. i I (b) Construction. A permanent covering over a public walk. ! way shall be constructed entirely of noncombustible materials and shall be supported entirely by the building. The structure shall be designed in accordance with Chapter 23. The struc. tural engineer shall certify that the design loads are based on local weather and existing site conditions. (c) Roof construction. The roof or any part thereof may be a skylight, provided wire glass is used not less than one -fourth - inch thick with no single pane more than eighteen (18) inches wide. Every roof and skylight of a permanent covering over a public walkway shall be sloped to downspouts which shall con- duct any drainage from such structure under the sidewalk to the curb. The downspout and drainage system shall be pro- tected from freezing or provided with an automatic thawing i system to maintain drainage to minus fifteen (15) degrees Fahrenheit. (d) Clearances. All portions of any permanent covering over a public walkway shall be at least ten (10) feet above the public walkway. (e) Protection of adjoining properlie& The walkway shall be designed to protect the adjoining properties from unusual loads and exposure. This includes the holding of water, snow, sleet or ice against the adjoining properties. The following sections of the Uniform Building Code have been deleted: (1) Table No. 3-A. (2) Section 511(a)5., (3) Section 1213. ' (4) Section 1707(c). (5) Section 1707(d). (6) Section 1807(1). (7) Section 4305(e). Supp. No. 23 647 SSS 1 8.17 IOWA CITY CODE (8) Appendix Chapter 1. Appendix Chapter 7, Part 11. Appendix Chapter 11. Appendix Chapter 12. Appendix Chapter 23. Appendix Chapter 32. Appendix Chapter 35. Appendix Chapter 38. Appendix Chapter 49. Appendix Chapter 51. Appendix Chapter 53. Appendix Chapter 55. Appendix Chapter 57. Appendix Chapter 70. (Ord. No. 84.3171, 4 3,1.31-84; Ord. No. 84.3187,12A, B, 6.584) Editor's note—Prior to its amendment by 13 of Ord. No. 84.3171, adopted Jan. 31, 1984, 1 8.17 contained amendments to the 1979 Uniform Building Cade and derived from Ord. No. 803005, 13, adopted Aug. 28,1980; Ord. No. 815020,12, adopted May 5, 1981; and Ord. No. 81-3028, 12, adopted July 28, 1981. Sec. 8.18. Minimum requirements; conflict with other regulations. The provisions of this code shall be held to be the minimum requirements adopted for the protection of the health, safety and welfare of the citizens of the city. Any higher standard in a statute of the State of Iowa or ordinance of the city shall be applicable. (Ord. No. 77-2859, § 4, 9.6-77) Note-3ee the editor's nota for 18.16. Sec. 8-19. Fire zones. (a) Generally. The following shall constitute fire zones of the city and no building of any description whatsoever or addition thereto or repair thereto shall be erected within such limits, unless the game complies with the building code of the city and the provisions of this chapter. (b) Fire district. The entire city is hereby declared to be and it is hereby established as a fire district pursuant to the laws of the state. Supp. No. 23 548 57.5— BUILDINGS AND BUILDING REGULATIONS 18-30 (c) Fire zones. The fire district of the city is hereby divided into three (3) fire zones designated as Zones 1, 2 and 3. (d) Zoning ordinance. The zoning ordinance of the city and the official zoning map of the city are hereby incorporated into the provisions of this section as hereinaf- ter referred to and by this reference are hereby incorporated herein as though fully set forth in this section. (e) Fire zone limits. The following shall be the fire zone limits for the city: (1) Fire Zone No. 1 shall include all that portion of the city zoned as CE (Central Business Zone), except Blocks 83 and 84 of the original town. (2) Fire Zone No. 2 shall include all that portion of the city zoned as follows: CB (Central Business Zone—Only Blocks 83 and 84) Cl. (Local Commercial Zone) CH (Highway Commercial Zone) C2 (Commercial Zone) R3B (Multi -Family Residence Zone) Ml (Light Industrial Zone) M2 (Heavy Industrial Zone) IP (Industrial Park Zone) PC (Planned Commercial Zone) (3) Fire Zone No. 3 shall include all that portion of the city zoned as follows: R1A (Single Family Residence Zone) RIB (Single Family Residence Zone) R2 (Two Family Residence Zone) R3 (Multifamily Residence Zone) R3A (Multifamily Residence Zone) (Code 1966, § 3.06.1; Ord. No. 2669; Ord. No. 76.2793, § II, 2.24.76; Ord. No. 78.2926, § II(I), (2), 10-17-78) Seca. 8-20-8-80. Reserved. Supp. Na 29 649 El 4 8.31 IOWA CITY CODE ARTICLE III. ABATEMENT OF DANGEROUS BUILDINGS* Sec. 8-31. Code—Adopted. The Uniform Code for the Abatement of Dangerous Buildings, 1982 Edition, is hereby adopted subject to the following amend- ments. Said code shall be known as the Iowa City Abatement of Dangerous Buildings Code or the dangerous buildings code. (Ord. No. 77.2860, 12, 9.6.77; Ord. No. 80.3003, 5 2, 8.26.80; Ord. No. 84.3167, 4 2.1-3-84) Sec. 8-32. Same—Amendments. The Uniform Code for the Abatement of Dangerous Buildings, 1982 Edition, edited by the International Conference of Building Officials, is hereby amended as follows: Section 301, General, is amended by adding the following definitions: Building official. The enforcement of the provisions of this code shall be the responsibility of the building official ^ and whenever the words health officer or fire marshal shall be used in this code, it shall mean the building official. City manager. Whenever . the words public works director shall be used in this code, it shall mean the city manager. Section 501, General, is amended to read as follows: Any person affected by any action, interpretation or notice issued by the building official with respect to the Uniform Code for the Abatement of Dangerous Buildings sBdilor's note—Ord. No. 77.2860, 16, enacted Sept. 6, 1977, repealed Ord. No. 2712, enacted April 9, 1974, 11 11 and III of which had been codified as Art. 111, 11 831, 8.32, which Code sectionwere also derived from Code 1968, If 9.03.1, 9.03.2 and Ord. No. 2587. Sections 2-4 of Ord. No. 77.2860 were codified w e new Art. 111, $18.31-8-33 at the editor's discretion. Section 5 of the above ordinance provides that copies of the dangerous building abatement code will be available in the city clerk's office. Supp. No. 23 550 i j BUILDINGS AND BUILDING REGULATIONS 4843 may appeal the decision of the building official to the i board Of appeals. Such appeal shall be in accordance with the procedures set forth in the Iowa City Administrative Code. (Ord. No. 77.2860, § 3,9-6-77- Ord. No. 80.3003, § 3,8-26-80; Ord. No. 84.3167, § 3,1.3.84) Sec. 8-33. Reserved. Editor's note—At the editor's discretion, 18-33. relative to appeals, has been deleted as being superseded by the amendment to i liol ofCode for the Abatement of Dangerous Buildings, as set out in 18 the -32 of a Code. Former 18-33 derived from 14 of Ord. We. 77-2860, adopted Sept. 6, 1077. Seo, 8.34. Notice of proposed orders affecting historic properties. Except for emergencies as determined by the building official pursuant to the ordinances of the City of Iowa City, city enforce- ment agencies and departments shall give the historic preserva- tion commission at least thirty (30) days' notice of an order which may affect the exterior features of any buildi 6 for _ remedying conditions determined to be dangerous to life, health or property. (Ord. No. 84.3204, § 8A, 9-26.84) Editor's note—At the request of the city, paragraph A of 18 of Ord. No. 843204 hos been Included m part of Ch. 8, Art. DI. The entire section Is codified BIN in Ch. 27, Art. V. Secs. 8-36-843. Reserved. Supp. No. 23 `i 650.1 JOS 1844 IOWA CITY CODE I ARTICLE IV. MECHANICAL CODE* I I Sec. 8-44. Adopted. j I Subject to the following amendments, the 1982 Edition of the i Uniform Mechanical Code is hereby adopted. Said code shall be known as the Iowa City Mechanical Code or the mechanical code. (Ord. No. 77.2863, § 2, 9.6.77; Ord. No. 80.3002, § 2,8-16-80; Ord. No. 84.3165, § 2, 1.3.84) t Sec. 8-45. Amendments. The 1982 Edition of the Uniform Mechanical Code is amended as follows: Section 201, Powers and duties of building official, subsection (d) is amended to read as follows: (d) Stopping work. Whenever in the opinion of the building official, by reason of defective or illegal work in violation of a provision or requirement of this code, the Is 'Editor's note—Ord. No. 77.2863, 1 8, repealed Ord. No. 74.2708, enacted April 9, 1974, 1111, 111, and IX of which had been codified as Art. IV, 118.44-8.46. Sections 2-6 of Ord. No. 77.2863 were codified as e new Art. IV, H 8.44-8.48, at the editor's discretion. Section 7 provide, that copies of the Uniform Mechanical Code will be available from the city clerk's office. Supp. No. 23 650.2 67S� Chapter 9.1 CITY PLAZA* Sec. 9.1-1. Purpose. It is the intent of this chapter to regulate the use of City Plaza in order to promote the public interest by: (a) Making City Plaza an active and attractive pedestrian environment; (b) Providing the opportunity for creative, colorful, pedes- trian -focused commercial and cultural activities on a day/night, year-round and seasonal basis; (c) Encouraging commercial activities which add interest, charm, vitality, diversity and good design to City Plaza; (d) Encouraging the upgrading of store -fronts and the de- velopment of compatible and well-designed elements within Zone 1; (e) Controlling the use of vehicles and bicycles in City Plaza. The intent of the City Plaza Use Regulations is that private development within City Plaza is to be permitted sparingly and only for those proposals that meet the objectives stated above. It is not to be considered a "use by right." (Ord. No. 78-2898, § 1, 5-16.78; Ord. No. 82.3058, § 3, 4.27.82) Sec. 9.1.2. Definitions. (For the purposes of this chapter, the following terms shall have the meanings stated herein:] •Editors note—Ord. No. 78.2881, if 1-11, enacted May 16, 1978, was nonamendstory of the Code and has been Included as Ch. 9.1, If 9.1.1 - 9.1.11, at the editor's discretion. subsequently, the chapter was amended in its entirety by Ord. No. 82.3058. Cron references—Advertising, Ch. 8; animals and fowl, Ch. 7; build - Ing regulations, Ch. 8; licensee, Ch, 21; motor vehicles and traffic, Ch. 23; peddlers, Ch. 26; streets, sidewalks and public places, Ch. 81. Supp. No. 23 639 5PS 1 9.1.2 IOWA CITY CODE Ambulatory vendor: An individual selling goods or services while mowing through Zones 1, 2 and 3 and operating without the use of a mobile vending cart or kiosk and with a minimum of equipment, e.g., balloons, portrait artist. Audio ambience: A localized use of sound intended to create a pleasant, relaxing atmosphere. City Plaza That part of city property extending from the north- ern right -of --way line to the southern right-of-way line of College Street from the eastern right-of-way line of Clinton Street to the western right-of-way line of Linn Street; and extending from the western right-of-way line to the eastern right-of-way line of Du- buque Street from the southern right-of-way line of Washington Street to the southern right-of-way line of College Street. Also, Urban Renewal Parcel 65-2a, described as follows: Beginning at the northwest corner of Lot 4, Block 65, of the original town of Iowa City, Iowa, according to the recorded plat thereof, thence along the southerly right-of-way line of Washington Street, 60.28 feet; then south 00 degrees 03 minutes 02 seconds west, 110.26 feet; then south 89 degrees 43 minutes 36 seconds west, 59.93 feet to a point on the easterly right-of-way line of Dubuque Street, thence north 00 degrees 07 minutes 39 seconds west, along said easterly right-of-way line, 110.65 feet to the point of beginning. KWk: A small structure that is stationary and can be either permanent or seasonal in nature. Landscaping: Live plant material used strictly for an ornamental or ecological purpose. Mobile vending cart: A nonmotorized structure on wheels that is easily moved and is used for vending. Mobile vendor: Operator of mobile vending cart. Permanent structure: Any structure erected for a year-round use. Seasonal construction Any structure erected for a seasonal or temporary activity and which is removed from the plaza in offseason. (Ord. No. 78.2894, § 2, 5.16-78; Ord. No. 82.3058, § 4, 4.27.82; Ord. No. 84.3216,§ 2,124.84) 6upp.No.29 640 SPS FRANCHISES § 14-78 (c) Annual franchise paymentGrantees of a franchise hereun• der shall pay to the city an annual fee in an amount equal to five (5) per cent of the "annual gross revenues," as defined herein, in lieu of all other city's permits and fees, to be utilized by the city to offset its regulatory and administrative costs and to maximize awareness and use of the access capacity. The franchise payment shall be in addition to any other payment owed to the city by the grantee and shall not be construed as payment in lieu of munici. pal property taxes or other state, county or local taxes. (d) Method of computation; interest - (1) Sales taxes or other taxes levied directly on a per subscrip. tion basis and collected by the grantee shall be deducted from the local annual gross revenues before computation of sums due the city is made. Payments due the city under the provisions of subsection (c) above shall be computed quarterly as of March 31, June 30, September 30 and December 31 for the respective quarters of each year end. i ing on said dates and shall be paid quarterly within three (3) months after each respective computation date at the office of the city clerk during the city clerk's regular busi. ness hours. The payment period shall commence as of the effective date of the franchise. The city shall be furnished a statement with each payment, by a certified public ac- countant, reflecting the total amounts of gross revenue and the above charges, deductions and computations, for the quarterly payment period covered by the payment. (2) In the event that any payment is not made as required, interest on the amount due, as determined from the annual gross revenues as computed by a certified public accountant, shall accrue from the date of the required submittal at an annual rate of twelve (12) per cent. The percentages desig. i noted in this section may be amended no more than once each year by the city council, consistent with increased costs for municipal facilities and supervision and applicable rules of other regulatory agencies. I (e) Rights of recomputation: No acceptance of any pay. ment by the city shall be construed as a release or as an ac - Supp. No. 27 963 S"U_ § 14.79 IOWA CITY CODE cord and satisfaction of any claim the city may have for further or additional sums payable as a franchise fee under this article or for the performance of any other obligation of the grantee. All amounts paid shall be subject to audit and recomputation by the city. (Ord. No. 78.2917, § 2, 8-22-78; Ord. No. 83-3163, § 20,12-20-83; Ord. No. 84.3218, § 2(l),(2),12-18-84) Sec. 14-74. Liability and indemnification. (a) Indemnification of franchise: It shall be expressly understood and agreed by and between the city and any grantee hereunder that the grantee shall save the city harm- less from all lose sustained by the city on account of any suit, judgment, execution, claim or demand which the city may legally be required to pay as a result of the enactment of this article and the award of a franchise thereunder, except as such suit, judgment, execution, claim or demand may arise from the process or action of selection of a grantee or grantees for award of a franchise as provided herein. (b) Indemnification of city in franchise operation: It shall be expressly understood and agreed by and between the city and any grantee hereunder -that the grantee shall save the city and its agents and employees harmless from and against all claims, damages, losses and expenses, including attorney's fees sustained by the city on account of any suit, judgment, execution, claim or demand whatsoever arising out of the installation, operation or maintenance of the broadband telecommunications network au. thorized herein, whether or not any actor omission complained of is authorized, allowed or prohibited by this article and any fran- chise granted hereunder. This provision shall not apply to acts of the city, its agents or employees. (c) Reimbursement of costs: The grantee shall pay and by Its acceptance of any franchise granted hereunder agrees that Supp. Na 27 964 ,SSS ��. FRANCHISES § 14.82 The signal generator shall be tuned, in turn, to the vis- ual carrier frequency of each FCC -designated Class I cable television channel and the signal level at the sub- scriber terminal recorded. The meter should then be tuned to a frequency two and five tenths (2.5) MHz above the visual carrier frequency of each channel de- scribed above and with the signal generator disabled, the indicated noise level recorded and corrected by an appropriate factor representing the ratio of four (4) MHz to the noise bandwidth of the frequency selective voltmeter. (3) The network cross -modulation measurement shall be performed in accordance with NCTA Standard 002.0267. (4) The amplitude of the discrete frequency interferences within a cable television channel may be determined with a frequency selective voltmeter, calibrated for adequate accuracy. (5) The terminal isolation between any two (2) subscriber terminals may be measured by applying a signal of pre- _ determined amplitude from a signal generator to one terminal in the reverse direction and measuring the am- plitude of that signal at the other terminal with a fre- quency selective voltmeter. (6) The system hum modulation may be measured at each visual carrier frequency on the system using a cali- brated signal generator, a detector and an oscilloscope. The signal generator shall be connected, and the level and frequency set at a predetermined mode with all other channels set at their normal levels. With the de- tector and oscilloscope connected to the subscriber ter- minal, the average level of the detected signal and the peak -to -peak AC hum will be indicated on the oscillo- scope. The per cent of hum modulation for this purpose is defined as the ratio, expressed in per cent, of the average level of the detected signal to one-half (1/2) of the indicated peak -to -peak AC hum. Supp. No. 23 980.3 § 14-82 IOWA CITY CODE �...,, (7) Radiation measurements shall be made in accordance with the procedures established in Part 76, Section 76-609(b)(1) through (b)(5) of the FCC Rules and Regulations. (c) Additional tests and inspection: The city reserves the right to: (1) Require additional tests for cause at specific terminal locations at expense of the grantee, and (2) Conduct its own inspections of the broadband telecom- munications network on its own motion at any time during normal business hours with reasonable advance notice. (d) Report of measurements combined: To the extent that the report of measurements as required above may be com- bined with any reports of measurements required by the FCC or other regulatory agencies, the city shall accept such com- bined reports, provided that all standards and measurements herein or hereafter established by the city are satisfied. (Ord. r No. 78.2917, § 2, 8-22.78) Sec. 14.83. Channels to be provided. (a) Public access channel• support for access facilities The grantee shall provide at least one dedicated, noncommercial public access channel, associated production equipment and necessary staff production assistance to be made available for the first five (b) minutes of live production to the public at no charge on a first. come, first-served nondiscriminatory basis. Hours of availability for use of such channel shall be specified in the application for franchise. The grantee shall regularly make information avail. able to the public on the availability of the access channels with their monthly billing. The grantee shall, in cooperation with the commission, draft rules for the utilization of access channels. Such rules shall be placed on file with the city clerk. Except as specified by the FCC, the grantee shall not censor any program. ming on the access channels. The grantee agrees to support, including funding, the public access facilities and services and the educational and govern. Supp. Na 23 980.4 s1,s FRANCHISES 1 M83 I I j mental access facilities and services (see subsection (b) below), j pursuant to the terms of the agreement between the City of Iowa City, Iowa, and Heritage Cablevision, Inc., dated August 28, 1984. Section 1, "Access," including subsections A.—C. thereof, j and Section 6, "Local Origination," including subsections A.—B. thereof, of said agreement are hereby incorporated into the fran- chise as though set out verbatim. (b) Education and government access channels: The grant- ee shall in addition to subsection (a) above provide at least Supp. No. 23 j 980.4.1 sks— 1 FRANCHISES 4 14.115 ride audio alert whereby a designee of the city, in times of crisis, may introduce an audio message on all broadband tele- communications network appropriate channels simultaneously. The grantee shall provide, in a location to be designated by the city, all equipment necessary for use of the emergency alert system. (Ord. No. 78.2917, 5 2, 8.22-78; Ord. No. 84.3218, 5 2(3), 12-18.84) Sec. 14.84. Construction standards. (a) Compliance with safety codes: All construction practices shall be in accordance with all applicable sections of the Occu- pational Safety and Health Act of 1970 and any amendments thereto as well as all federal, state and local codes where applicable and with the National Electric Safety Code. (b), Compliance with electrical codes: All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the applicable sections of the municipal electrical ordinance and all state and local codes where applicable. " (c); -Antennas and towers: Antenna supporting structures (towers) shall be designed for the proper loading zone as specified in the Electronics Industry Association's R.S.-22-C Specifications. (d) Compliance with aviation requirements: Antenna sup. Porting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aeronautical Agency, the state aeronautics board governing the erection and operation of supporting structures or television towers, and all other ap- plicable local or state codes and regulations. (Ord. No. 78-2917, ¢ 2,8-22-78) Cross references—Airport toning height limitations, 114.74; electrical code, Ch, I1. Sec. 14.85. Conditions of street occupancy. (a) Approval of proposed construction: A grantee shall first obtain the approval of the city prior to commencing construc- tion on the streets, alleys, public grounds or places of the Supp. No. 23 980.7 A 14.85 IOWA CITY CODE city. Applications for approval of construction shall be In a form provided by the city. (b) Excavation permits: A grantee shall not open or dis- turb the surface of any street, sidewalk, driveway or public place for any purpose without first having obtained a permit to do so in the manner provided by ordinance. All excavation shall be coordinated with other utility excavation or construc- tion so as to minimize disruption to the public. (c) Changes required by public improvements: A grantee shall, at its expense, protect, support, temporarily disconnect, or relocate in other public place any property of the grantee when required by the city by reason of traffic conditions, public safety, street vacation, street construction, change or establishment of street grade, installation of sewers, drains, water pipes, city -owned power or signal lines, and tracts or any other type of structure or improvement by public agencies. (d) Use of existing poles or conduits: Nothing in this ar- ticle or any franchise granted hereunder shall authorize the grantee to erect and maintain in the city new poles where existing poles are servicing the area. The grantee shall re- quire permission from the city before erecting any new poles, underground conduit or appurtenances where none exist at the time the grantee seeks to install its network. (e) Facilities not to be hazardous or interfere: All wires, conduits, cables and other property and facilities of the grantee shall be so located, constructed, installed and main- talned as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon the streets and public places of the city. The grantee shall keep and main- tain all its property in good condition, order and repair. The city reserves the right hereunder to inspect and examine at any reasonable time and upon reasonable notice the property owned or used, in part or in whole, by the grantee. The grantee shall keep accurate maps and records of all its facilities and furnish copies of such maps and records as requested by the city under section 14-72 herein. A grantee shall not place poles or other equipment where they will interfere with the Supp. Na 28 980.8 5tS j FRANCHISES 4 1485 rights or reasonable convenience of adjoining property own- ers or with any gas, electric or telephone fixtures or with any water hydrants or mains. All poles or other fixtures HUMAN RIGHTS 41832 We, national origin, race, religion, sex, sexual orientation, Presence or absence of dependents, or public assistance source of income. (2) Discriminate against any other person because of age, color, creed, disability, marital statue, national origin, race, re- ligion, sex, sexual orientation, presence or absence of de- Pendenta, or public assistance source of income; in the terms, conditions or privileges of any real estate transaction. (3) Directly or indirectly advertise, or in any other manner indicate or publicize in any real estate transaction that any Person because of age, color, creeddisability, marital status, national origin, , race, religion, sex, sexual orienta. tion, presence or absence of dependents, or public assist. once source of income is not welcome, objectionable, or not solicited. (4) Discriminate against the leasee or purchaser of any real Property or housing accommodation or part, Portion or interest of the real property or housing accommodation, or against any prospective leases or purchaser of the property or accommodation, because of age, color, creed, disability, marital status, national origin, race, religion, Sex, sexual orientation, presence or absence of dependents, or public aesietance source of income of persons who may from to time be present in or on the lessee's or owner's premtime ises for lawful purposes at the invitation of the lessee or owner as friends, guests, victors, relatives or in any similar capacity. (b) The following are axe mpted from the provisions of this (1) Any bona fide religious qualification institution with respect to any it may impose based on religion when such qualifieations are related to a bona fide religious purpose. (2) The rental or leasing of four (4) or fewer rooms within a single housing accommodation by the owner of such hous. ing accommodation, if the owner resides therein. (3) Restrictions based on sex or the presence or absence of dependents in the rental or leasing of housing accommo• dations by nonprofit corporations. Supp. Na 23 1237 ON 118-32 IOWA CITY CODE (4) Restrictions based on sex in the rental or leasing of hous- ing accommodations within which residents of both sexes would share a common bathroom facility on the same floor of the building. (6) Restrictions based on presence or absence of dependents in the rental or leasing of housing accommodations within an owner -occupied dwelling of four (4) or fewer units where the owner occupies the premises, or some portion thereof, and actually resides therein. (6) Restrictions based on presence or absence of dependents in the rental or leasing of housing accommodations where the owner occupied the premises, or some portion thereof, and actually resided therein as of the effective date of this chapter. Owner, for the purposes of this exemption, shall be defined as a person having at least a fifty (60) per cent interest in the property. (7) Rental or leasing of housing accommodations where seventy- five (76) per cent or more of the persons residing therein are fifty-five (66) years of age or older or are disabled as that term is defined in this chapter. Provided that these qualifications are met, such accommodations may be des- ignated specifically for the elderly and/or disabled subject to the requirements of section 18.32(d). (c) This section does not create an affirmative duty to remove barriers for the handicapped in excess of the requirements of Chapter 104A of the Code of Iowa. (d) Housing accommodations may be designated specifically for the elderly and/or disabled. However, such housing accommo- dations may not otherwise be restricted among the elderly and/or disabled on the basis of age, color, creed, disability, marital sta- tus, national origin, race, religion, sex, sexual orientation, public assistance source of income, or presence or absence of depen- dents, provided that any such dependents meet the definitions of elderly or disabled'as provided herein. Designations of such re- strictions shall be mode part of any rental property on file with the City of Iowa City. Supp. Na 29 1238 55- HUMAN RIGHTS i lea Designations shall be in writing on forms provided by the city and shall be in effect until changed but shall apply for a mini. mum period of one year. (Code 1966' § 10.2,5; Ord. No. 77.2830, § 1, 4.19.77; Ord. No. 79.2951, § 2E, 410.79; Ord, No. 84.3185, $ 3, 5.22-84; Ord. No. 84.3212, § 2, 11.684) Sec. 1833. public accommodation; exceptions. (a) It shall be unlawful for any person to deny any other person the full and equal enjoyment of the goods, services, facilities, privileges, advantages of any place of Public accommodation be. cause of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (b) It shall be unlawful to directly or indirectly advertise or in any other manner indicate or publicize that the patronage of persons is unwelcome, objectionable, or not solicited because of age, color, creed, disability, marital'talus, national origin, race, religion, sex, or sexual orientation. (c) This section shall not apply to any bona fide religious insti- tution with respect to any qualifications the institution may impose based on religion when such qualifications are related to bona fide religious purpose. (d) Public accommodations may be designated specifically for the elderly and disabled. However, public accommodations may not be restricted among the elderly and disabled on the basis of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (Code 1966, § 10.2.6; Ord. No. 77.2830, § I, 4.19.77; Ord. No, 84.3185, § 3, 5.2284) Sec. 1834. Credit transactions; exceptions. (a) It shall be unlawful for any creditor to refuse to enter into any consumer credit transaction or to impose finance charges or other terms or conditions more onerous than those regularly extended by that creditor to consumers of similar economic back- grounds because of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (b) It shall be unlawful for any person authorized or licensed to do business in this state pursuant to Chapters 624, 533, 534, Supp. Na 23 1239 ,7.5 118-34 IOWA CITY CODE 536, or 536A of the Code of Iowa to refuse to loan or to extend credit or to impose terms or conditions more onerous than those regularly extended to persons of similar economic backgrounds because of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (c) It, hall be unlawful for any creditor to refuse to offer credit, life or health and accident insurance because of age, color, creed, disability, marital status, national origin, race, religion, sex or sexual orientation. Refusal by a creditor to offer credit, life or health and accident insurance based upon the age or disability of the consumer shall not be an unfair or discriminatory practice if such denial is based solely upon bona fide underwriting con- sideration not prohibited by Title XX. The provisions of this section shall not be construed by negative implication or otherwise to narrow or restrict any other provisions of this chapter. (d) The following are exempted from this section: (1) Refusal to enter into any consumer credit transaction cov- ered above shall not be a discriminatory practice if such denial is based on a fair and reasonable determination of credit -worthiness or ability to comprehend the transaction. (Code 1966, $ 10.2.7; Ord. No. 77.2830, ¢ I, 4.19.77; Ord. No. 79.2951, $ 2F, 4.10.79; Ord. No. 84.3185, 13, 5.22.84) Sec. 18-35. tiding or abetting. It shall be a violation of this chapter for any person to inten. tionally aid, abet, compel, or coerce another person to engage in any of the practices declared to constitute discriminatory prac. tices by this article. (Code 1966, 110.2.8; Ord. No. 77.2830, 4 I, 4.19.77; Ord. No. 84.3185, 4 3,5-22-84) Sec. 1836. Retaliations or reprisals. It shall be a violation of this chapter for any person to discrim. inate against another person because such person has either lawfully opposed any discriminatory practice forbidden by this article, obeyed the provisions of this chapter, or has filed a com- plaint, testified, or assisted in any proceeding under this chapter. (Code 1966, ¢ 10.2,9; Ord. No, 77.2830, 4 I, 4.19.77; Ord. No. 84.3185, 4 3, 5.22.84) Supp. No. 23 1240 Ser PARRS AND RECREATION § 25.61 Sec. 26.55. Same—Revocation. In the event it is determined after the granting of a permit under this article that the applicant has misstated in any way any material fact in the application or that there is a material variance between the information in the application and the actual facts or those facts which appear reasonably to occur, the superintendent of recreation or the city council may review such application based upon the standards of this article and revoke such permit if not in compliance therewith. Such permit may also be revoked when by reason of disaster, public calamity, riot, or other emergency it is determined that the safety of the public requires such revocation. (Code 1966, § 3.35.9; Ord. No. 2612) Secs. 25-56-25-59. Reserved. ARTICLE V. SENIOR CENTER COMMISSION Sec, 2560. Number, qualification, compensation of members. (a) The senior center commission shall consist of nine (9) mem. bers, six (6) of whom are appointed by the city council and three .(3) of whom are appointed by the Johnson County Board of Supervisors. (b) The members appointed by the city council shall be quali. red electors of the city and those appointed by the board of supervisors shall be qualified electors of Johnson County. All members shall serve without compensation except for reimburs. able expenses. (Ord. No. 79.2947, § 2, 3.20.79; Ord. No. 79.2956, § 2, 5.29.79; Ord. No. 84.3206, § 2(1), 9.25.84) Sec. 25-61. Terms. The term of office of each member shall be three (3) years commencing on January 1 of the year of the appointment. How- ever, the two (2) additional appointments authorized by Ordi. nance No. 84.3206 shall be for initial terms ending December 31, 1985, and one ending December 31, 1986, in the following man- ner: One new member shall be appointed by the city council for a term ending December 31, 1985; one new member shall be ap- Sapp. Na 23 1726 an 125-61 IOWA CITY CODE i1" pointed by the board of supervisors for a term ending December 31, 1986. Subsequent to these initial terms, said two (2) addi- tional appointments shall also be for three-year terms commenc- ing on January 1 of the year of appointment. (Ord. No. 79-2947, § 2, 3-20.79; Ord. No. 79-2956, § 2, 6.29-79; Ord. No. 84.3206, § 2(2), 9-25.84) See. 25.62. Staff assistance and information. The city manager is authorized to take whatever admini- strative action is necessary to provide the staff assistance and information necessary to aid the commission in the perform- ance of its duties. (Ord. No. 79-2947, § 2, 3-20-79) See. 25.63. Duties and powers. (a) The duties of the senior center commission shall be as follows: (1) To serve in an advisory role to the city council with regard to the needs of the senior center. (2) To make recommendations with regard to policies and programs at the senior center. (3) To join staff and other interested persons in seeking adequate financial resources for the operation of the senior center. (4) To encourage full participation by senior citizens in the programs of the senior center. (5) To ensure that the senior center is effectively integrated into the communitv and cooperates with organizations with common goals in meeting the needs of senior citizens. (6) To serve in an advocacy role with regard to the needs of senior citizens in Iowa City. (7) To assist the city manager in evaluation of personnel. (b) The commission shall have the following powers: (1) To make recommendations with regard to the allocation Of apace in the senior center to various agencies and organizations. Supp. No. 29 1726 SO S E PARRS AND RECREATION p 26.65 (2) To make recommendations with regard to the accept- ance and utilization of gifts. (3) To make recommendations with regard to policies, rules, ordinances and budgets which affect the pro- grams and services of the senior center. (4) To present an annual report of senior center activities and accomplishments to the city council. (Ord. No. 79.2947, § 2, 3-20-79) Sec. 25.64. Organization of commission business. (a) Bylaws. The commission may draft bylaws to assist in their implementation of this article. (b) Agenda. The chairperson or a designated staff member shall prepare an agenda for all regular commission meetings. The agenda shall be sent to the members and the media at least three (3) days prior to regular meetings. (c) Minutes. Minutes of all regular meetings shall be distri• buted to the senior center commission and the Johnson County Hoard of Supervisors at least three (3) days prior to the next scheduled meeting of each respective organization. The city man- ager and city council shall receive copies of the approved minutes one week atter the meeting wherein the minutes were approved. (Ord. No. 79.2947, 5 2, 3.20.79; Ord. No. 84-3206, 4 3, 9.25.84) Sec. 25.65. Committees and advisory groups (a) The commission is authorized to establish committees. The bylaws of the commission shall outline their duties, composition and term. (b) The commission is authorized to create and appoint advi• sory groups to make studies and to disseminate information on all of its activities. Such groups shall serve without compensa- tion. (Ord. No. 79.2947, 5 2, 3.20.79) I Supp. No. 23 [The next pace Is 17761 1727 ._i am USES i I PLANNING 42781 adaptation to such national policy. (Ord. No. 77-2829, § V, 4-6-77) i Sec. 27-78. Annual report. The commission created by this article shall at least an- nually transmit to the city council a report of its activities. (Ord. No. 77-2829, § V, 4-6-77) Secs. 27-79,27-80. Reserved. ARTICLE V. HISTORIC PRESERVATION* I Sec. 27-81. Purpose and intent. The purpose of this article is to: I (a) Promote the educational, cultural, economic and general - welfare of the public through the protection, enhancement, and perpetuation of districts and historic and cultural sig. nificance located in the city, (b) Safeguard the city's historic, aesthetic, and cultural heri• tage by preserving districts of historical, architectural, and cultural significance, (c) Stabilize and improve property values by conservation of historic properties, (d) Foster civic pride in the legacy of beauty and achieve- ments of the past, (e) Protect and enhance the city's attractions to tourists and visitors and the support and stimulus to business thereby provided, (f) Strengthen the economy of the city, and *Editor's note—While Ord. No. 84.3204, adopted Sept. 25, 1984, did not ex• preasly amend the Code, the city has directed that Its provisions be codified in Ch. 27 as Art. V. Therefore, the editor has Included 1§ 1-10 as H 2781-2790, replacing former §§ 27-81-2785, which derived from 113-5. 9 and 10 of Ord. No. 82.3098, adopted Dec. 13, 1982. Supp. No. 23 1663 Eer 127-81 IOWA CITY CODE /`. (g) Promote the use of districts of historic and cultural signifi. cance as sites for the education, pleasure and welfare of the people of the city. (Ord. No. 84.3204, § 1, 9.25-84) Sec. 27.82. Definitions. [As used in this article, the following terms shall have the meanings ascribed to them herein, unless the context requires otherwise:] Applicant: The party making application for a certificate of appropriateness from the Iowa City Historic Preservation Commission. Application: A written request by a property owner or other party to the Iowa City Historic Preservation Commission for a certificate of appropriateness. Cerli(cate of appropriateness: The document, evidencing ap- proval by the historic preservation commission of a proposal to make a change in appearance, which must be obtained before a regulated permit may be issued. ~ Certificate of no material effect, The document, issued in lieu of �. a certificate of appropriateness before a regulated permit is is. sued, which signifies that the work contemplated in the applica- tion will have no effect on any significant architectural features of the building or on the historic district. The certificate of no material effect evidences approval by the historic preservation commission and the department of planning and program devel- opment of a proposal to make a change in appearance. Change in appearance: Any change or alteration of the exterior features of a building or change or alteration of the appearance of a property within an historic district. This definition shall per- tain only to changes in appearance which are visible from the public way or from adjacent properties, and for which a building, demolition, house moving or other regulated permit is required for compliance with applicable city codes. Furthermore, nothing in this definition shall be construed to prohibit or limit normal repairs or maintenance which do not involve alterations or changes in the exterior features of a building, for which no regulated permit is required. For the purposes of this article, changes made Supp. Na 23 1854 PLANNING 4 2782 in the color of the exterior surfaces of a building are considered to be ordinary maintenance and repair. Change or alteration: The erection of a building on a site, the movement of a building from or to a site, the demolition of a building, the reconstruction or restoration of a building, or any action to change, modify, reconstruct, remove or demolish any exterior feature of an existing building. Commission: The Iowa City Historic Preservation Commission, as established by this article. Exterior features.• The architectural style, general design and arrangement of the exterior of a building, including the kind and texture of the building material and type and style of all win- dows, doors, light fixtures, signs and other appurtenant fixtures. Historic district*: An area that contains contiguous pieces of property under diverse ownership which: (1) Are significant to American history, architecture, archae- ology and culture or Iowa City history, architecture, ar- chaeology and culture, (2) Possess integrity of location, design, setting, materials and workmanship, (3) Are associated with events that have made a significant contribution to the broad patterns of our history, or (4) Are associated with the lives of persons significant in our past or (5) Embody the distinctive characteristics of a type, period, method of construction; represent the work of a master; possess high artistic values; represent a significant and distinguishable entity whose components may lack indi- vidual distinction, (6) Have yielded, or maybe likely to yield, information impor- tant in prehistory or history. -Editor's note—In the zoning ordinance, Ch. 38, historic districts are referred to as historic preservation overlay zones (OHP). Supp. No. 23 1855 r7 a 4 27.82 IOWA CITY CODE Properly owner., An individual or group of individuals, corpora. tion, partnership, association, or any entity, including state and local governments and agencies, which is the owner of real estate. Regulated permit A permit issued by the building official, or other official of the city according to the provisions of (1) building code, (2) sign regulations, (3) house movers' ordinance, or (4) fire code. (Ord. No. 84.3204, 4 2, 9-25-84) Cross references—Building code, 4 8.16 el seq.; house moving, 4 8.58 at seq.; Fire code, 6 12-16 et seq.; sign regulations, ¢ 86.60 at seq. Sec. 27-83, historic preservation commission. (a) An Iowa City Historic Preservation Commission is hereby established. The commission shall initially consist of seven (7) members who shall be residents of the City of Iowa City. (b) Members of the commission shall be appointed by the city council. At least one resident of each designated area of historical significance shall be appointed to the commission. Other mem. bars shall be chosen at large from any part of the city and shall have some expertise in history, urban planning, architecture, archaeology, law, sociology, or other closely related field, or shall ` demonstrate interest in the area of historic preservation. At least three (3) of the members shall hold appointments at large. Should the number of officially designated city historic districts exceed four (4) in number, a new member shall be added to the commis- sion for each new district in excess of four (4) districts. No more than one-third of the members of the commission shall belong to the city's planning and zoning commission. (c) The original appointment of the members of the commis. sion shall be two (2) for one year, two (2) for two (2) years, and three (3) for three (3) years. The members appointed from desig- nated historic districts shall serve three-year terms. After the initial appointment of members, the term for each member shall be three (3)years. (d) Vacancies occurring in the commission, other than by expi. ration of term of office, shall be filled only for the unexpired term. (c) Members may serve for more than one term and each mem. her shall serve until the appointment of a successor. Supp. No.28 1856 1_, rdlm ' PLANNING 4Y7,84 (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, 9-25.84) Charter reference—Boards, commissions and committees, 64 5.01-5.03. Cross references—General requirements for boards and commissions, 44 2.100-2-103; plan commission to act as zoning commission, 1127-17. Sec. 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 vice -chairperson -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 sec- 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 the city 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 1 public view, of its resolutions, proceedings and actions. The vote or failure to vote of each member shall be recorded. The concur- ring affirmative vole 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, 9.25.84) Supp. No. 23 1857 127-M IOWA CITY CODE -- r 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 review and act upon all applications for certificates of appropriateness, pursuant to section 27.87. (c) The commission shall cooperate with property owners and city agencies pursuant to the provisions of section 27.88. (d) 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 structures with historical, architectural or cultural value, and by encouraging persons and organizations to become involved in preservation activities. (e) The commission shall not obligate itself or the City of Iowa 3 City in any financial undertaking unless authorized to do so by the city council. (Ord. No. 84.9204, § 5, 9.26.84) Sec. 27-K Procedures for the designation of historic districts (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 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. Na 29 1868 .5� PLANNING 4 27-86 i his/her office. After this public hearing the commission shall submit its report to the planning and zoning commission and shall include a proposed ordinance establishing such district and describing the boundary thereof. A copy of the report shall also be submitted to the office of historic preservation of the Iowa State Historical Department for review and recommendations concerning the proposed area. Com- ments from the office of historic preservation regarding the pro- posed area shall be received by the city prior to the date of any �i action taken by the planning and zoning commission which sets y forth recommendations to the city council on an ordinance estab- i lishing the proposed area as an historic district. (b) Within sixty (60) days of the receipt of the report, of rec- ommendations from the Iowa City Historic Preservation Com- mission and the office of historic preservation of the Iowa State Historical Department, and of the proposed ordinance, the plan- ning and zoning commission shall submit its recommendations to the city council with respect to the relation of such designation to the comprehensive plan, zoning ordinance, proposed public im- provements and other plans for the renewal of the area involved. -- The planning and zoning commission shall recommend approval, i disapproval or modification of the proposed historic district. Upon submission of the report of the planning and zoning commission, or upon the expiration of the sixty-day period, the matter shall be transmitted to the city council. The historic preservation com- mission shall be advised of any modifications to the proposed historic district which are recommended by the planning and zoning commission. (c) If the area of the proposed historic district as approved by the historic preservation commission is altered by the planning and zoning commission, the city council shall submit a descrip- j tion of the altered proposed area of historical significance or the petition describing the area, to the once of historic preservation of the Iowa State Historical Department for review and recom- mendations concerning the proposed area. (d) The recommendations from the office of historic preserva- tion concerning the proposed area or altered proposed area shall be received by the city prior to setting a public hearing conducted Supp. Na 28 1859 675" 027-86 IOWA CITY CODE by the city council on an ordinance establishing an historic dis. trict. Any recommendations made by the office of historic preser. vation shall be made available by the city to the public for view- ing during normal working hours at a city government place of public access. Upon receiving the recommendations of the office of historic preservation on the proposed area and/or altered proposed area; the city council shall provide notice of such hearing as provided by law and conduct a public hearing on the ordinance establish- ing an historic district. The council may adopt or reject the ordi- nance or may refer the historic district designation to the historic preservation commission for modification. If the council refers the historic district designation to the historic preservation com- mission for modification, the procedures described in paragraphs (a) through (d) of this section shall be followed, with the excep- tions that, unless substantial modifications are proposed, the public hearing requirement described in paragraph (a) may be waived, and only property owners affected by the council's pro- posed modification shall be notified by mail of the modification prior to action by the historic preservation commission. (Ord. No. 84-3204,§ 6,9.25.84) Sec. 2787. Applications for certificates of appropriateness. (a) After adoption of this article, no individual or corporation shall undertake a change in appearance of a building or site within a designated historic district for which a regulated permit is required, nor shall the building official issue a regulated per- mit for a change in appearance of a building or site, unless a certificate of appropriateness or a certificate of no material effect has been granted. (b) The chair of the historic preservation commission and the secretary of the historic preservation commission, or their desig. nees, may issue a certificate of no material effect if the work contemplated in the application will have no effect on any signif, icant architectural features of the building or on the historic district. (c) Application for a certificate of appropriateness shall be made to the building official. The application should include drawings, Supp. No. 23 1860 MU PLANNING 4 27.87 photographs, sketches and other exhibits portraying the work to be accomplished which will aid the historic preservation commis. sion in the consideration of the application. (d) Upon the filing of such application, the building official shall immediately notify the historic preservation commission of the receipt of such application and shall transmit it together with accompanying plans and other information to the commission, unless the application pertains solely to the interior of the structure. (e) All applications received before the closing date, to be es. tablished by the commission, shall be considered by the commis- sion at its next regularly scheduled meeting. The commission shall review the application according to the duties and powers specified herein. In reviewing the application the commission may confer with the applicant or the applicant's authorized rep. resentative. In acting upon an application the commission shall consider whether the change in appearance to a building or site proposed by the application conforms to standards set forth in the January, 1979, revised edition of the secretary of the interior's "Standards for Rehabilitation." The commission may use the secretary of interior's "Guidelines for Rehabilitating Historic Buildings" or other guidelines adopted by the commission to aid in determining whether the proposed change in appearance to a building or site conforms to the secretary of interior's "Standards for Rehabilitation." (0 The commission shall approve, modify, or disapprove the application. The findings of the commission on each application shall be contained in a written resolution setting forth the full reason for its decision and the vote of each member participating therein. Such resolution shall be placed on file for public inspec- tion in the office of the city clerk within five (6) business days after the meeting at which the application was acted upon. There. after, a copy of the resolution shall be sent to the applicant by ordinary mail. If the application is approved or approved with modifications acceptable to the applicant, a certificate of appro. priateness will be issued, signed by the chairperson, and imme- diately transmitted along with the application to the building official. If the application is disapproved, it will be immediately transmitted, along with the written resolution of the commis- sion's findings, to the building official. Supp. No. 23 1861 57r 127-87 IOWA CITY CODE 1-1 (g) Any applicant aggrieved by any decision of the commission may appeal the action to the city council. Such an appeal must be in writing and must be filed with the city clerk no later than ten (10) business days after the filing of the above-mentioned resolu. tion. The city council shall, within a reasonable time, hold a public hearing on the appeal, give public notice thereof as well as notice to the applicant and to the appellant, if different from the applicant, and decide the appeal within a reasonable time. In deciding such appeal, the city council shall consider whether the commission has exercised its powers and follow the guidelines established by law and this article, and whether the commis. sion's action was patently arbitrary or capricious. In exercising the above-mentioned powers the city council may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or deter- mination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the commission from whom the appeal is taken. (h) If not satisfied with the decision of the city council, the �- appellant may appeal to the Johnson County district court within sixty (60) days after the council's decision. '— (i) Certificates of appropriateness issued on the basis of ap. proved applications authorize only changes in appearance set forth in such approved applications and no other changes in appearance. It shall be the duty of the building official or his/her designee to inspect from time to time any work performed pursu- ant to such a certificate to ensure compliance with the require- ments of such certificate. If it is found that such work is not being carried out in accordance with the certificate, the building offi- cial shall issue a stop -work order. Any change in appearance at variance with that authorized by the certificate shall be deemed o violation of these regulations and shall be punishable as pro. vided in section 27.90. (Ord. No. 84-3204, ¢ 7, 9.25.84) Sec. 27.88. Remedy of dangerous conditions. (a) Except for emergencies as determined by the building of. cial pursuant to the ordinances of the city, city enforcement Supp. No. 23 1862 SO 5— PLANNING 4 27.90 agencies and departments shall give the historic preservation commission at least thirty (30) days' notice of any proposed order which may affect the exterior features of any building for reme- dying conditions determined to be dangerous to life, health or property. (b) The commission shall have the power to require that changes or alterations not adversely affect the exterior features of a build- ing in cases where the danger to life, health or property may be abated without detracting from the exterior features of the build- ing. In such cases, it shall be the responsibility of the commission and the city agency or department to cooperate with the property owner in an attempt to achieve a preservation solution whereby the dangerous conditions will be corrected with minimal adverse impact on exterior features. Such plan shall be approved by the commission and shall be signed by the chair of the commission, the property owner, and the head of the city agency or department. (c) If a reservation solution acceptable to the commission, the city agency or department, and the property owner cannot be reached within thirty (30) days or a period of time acceptable to the city agency or department, the agency or department shall proceed to issue and enforce its proposed order. (Ord. No. 84.3204, 3 8, 9-25-84) Cross reference—Provisions similar to paragraph (a), 11844. Sec. 27-89. Compatibility with existing zoning regulations. Any new building shall conform to all setback requirements of the zone in which it is to be built or moved. If a building which has lost one hundred (100) per cent or more of its assessed value due to fire or other natural disasters is to be reconstructed as near as possible to the original exterior design, it may be placed upon its original foundation or the site of the original foundation. (Ord. No. 84.3204, ¢ 9, 9.25.84) Cross references—Requirements and exceptions for established setbacks, 4 3909; restoration of nonconforming structures, ¢ 36.81. Sec. 27.90. Enforcement, violations and penalties. (a) It shall be the duty of the building official to enforce these regulations and to bring to the attention of the city council any violations or lack of compliance herewith. Supp. No. 29 1863 Sys 127.90 IOWA CITY CODE (b) Any person who violates, disobeys, omits, neglects or re- fuses to comply with any provision of this article shall be charged with a simple misdemeanor to be prosecuted in a court of appro. priate jurisdiction in Johnson County, Iowa. i (c) Violations of section 27-87 and 27.88 are deemed and de• clared to be a nuisance, and as such may be subject to summary abatement by means of a restraining order or injunction issued by the district court. (Ord. No. 84.3204, 5 10, 9.25.84) Supp. No. 29 (The next page is 19031 1864 S&� ZONING 136-7 (b) Permitted uses. (1) Detached single-family dwellings. (c) Provisional uses. (1) Detached single-family dwellings with a maximum of one roomer provided that one additional off-street parking space shall be furnished. Two-family and multifamily dwellings, which exist as nonconforming uses, shall be permitted one roomer per dwelling unit. (See "special provisions.") (2) Family care facilities provided they shall not be located within one-quarter (y.) mile of each other. (d) Special exceptions. (1) Child care facilities subject to the requirements of section 3656, and provided they shall be located in a private resi- dence in which fewer than twelve (12) children are cared for, or in a religious institution. (2) Public utilities. (3) Religious institutions subject to the requirements of am - tion 3656. (e) Dimensional requirements. (1) Minimum lot area: 8,000 square feet. (2) Minimum lot width: 60 feet. (3) Minimum lot frontage: 36 feet on a public street or an officially approved place. (4) Minimum yards: Front -20 feet. Side -6 feet for the first 2 stories, plus 2 feet for each additional story. Rear -20 feet. (6) Maximum building bulk: Height -36 feet. Building coverage -46 per cent. Floor area ratio—None. Supp. No. 23 2607 Egg 13&7 IOWA CrrY CODE (6) Minimum building width: 20 feet for at least 75 percent of the building's length. 0) General provisions. All principal and accessory uses permit- ted within this zone are subject to the accessory uses and re- quirements 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 3657. c. Olt -street parking requirements: See section 3658. d. Off-street loading requirements: Not applicable. e. Sign regulations: See section 3660. f. Fence regulations: See section 3655. (2) General provisions: See Article W. a. Dimensional requirements: See Division 1. b. Thee regulations: See Division 2. c. Performance standards: See Division 3. d. Nonconformities: See Division 4. (g) Special provisions. (1) If a tract of land one acre or greater in area is being subdivided or resubdivided into lots, it may be developed at a maximum gross density of five (5) dwelling unite per acre with minimum lot areae of seven thousand two bun. dred (7,200) square feet and maximum lot areas of fifteen thousand (15,000) square feet. (2) For those dwellings in which the number of roomers ex. ceeds one, the provisions of paragraph (cXl), above, shall become applicable on December 31, 1984. (Ord. No. 84.3196, 4 l(E0, 8.14.84; Ord. No. 84-3208, 5 2,115.84) Sec. 36.8. Medium density single-family residential zone (RS. 8). (a) Intent It is primarily intended that this zone provide for the development of smell lot single-family dwellings. This zone Supp. Na 22 2508 ,J 8r ZONING 13&9 b. Tree regulations: See Division 2. c. Performance standards: See Division 3. d. Nonconformities: See Division 4. (g) Special prouision& (1) If a tract of land one acre or greater in area is being subdivided or resubdivided into lots, it may be developed at a maximum gross density of eight (8) dwelling units per acre with minimum lot areas of four thousand (4,000) square feet and maximum lot area of seven thousand five hundred (7,500) square feet. Lots leas than five thousand (6,000) square feet in area shall be developed with one wall of the dwelling unit having a zero side yard. (2) For those dwellings in which the number of roomers ex. ceeds one, the provisions herein shall become applicable on December 31, 1984. (Ord. No. 84.3196, § 1(FX4), 8.14.84; Ord. No. 84.3208, § 2,11.6-84) Sec. 369. Factory -built housing residential (RFBH) zone. (e) Intent The factory -built housing residential (RFBH) zone is designed to provide for the placement of manufactured homes, mobile homes and modular homes within factory -built housing parks, or upon individually subdivided lots with a lot size smaller than that allowed in other zones permitting single-family dwell. ings. The RFBH zone also provides a location for the placement of those mobile homes which are not classified as manufactured homes and may not comply with the building, electrical, plumb. ing, or housing codes, and for those factory -built homes which do not have a minimum building width of twenty (20) feet. (b) Permitted uses. (1) Manufactured homes. (2) Mobile homes. (3) Modular homes. (c) Provisional use& (1) Family care facilities provided they shall not be located within one-quarter (�/4) mile of each other. Sapp. No, 23 2511 Sys i 136.9 IOWA CITY CODE 1 (2) Manufactured homes, mobile homes and modular homes with a maximum of one roomer provided that one addi. tional off-street parking space shell be furnished. (d) Special exceptions. (1) Child care facilities subject to the requirements of section 36-55. (2) Public utilities. (3) Religious institutions subject to the requirements of sec. tion 36.55. (4) Schools—Generalized private instruction. (e) Dimensional requirements. (1) Minimum lot area: 4,000 square feet. (2) Minimum lot width: 35 feet. (3) Minimum lot frontage: 20 feet on a public street or an officially approved place. (4) Minimum yards: ! ~ Front -20 feet. Side -5 feet. - Rear -20 feet or 30 feet at RMH zone boundary. (5) Maximum building bulk: Height -26 feet. Building coverage -40 per cent. Floor area ratio—None. (f) 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 uses and building regulations: See section 36.57. Supp. No. 23 2512 Mai ZONING 15611 (D General provisions All principal and accessory uses permit- ted within this zone are subject to the requirements of Articles ID 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: See section 36.68. 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. Thee regulations: See Division 2. a. Performance standards: See Division S. d. Nonconformitiss: See Division 4. (g) Special provisions (1) For those dwellings in which the number of roomers ex- ceeds the number permitted in paragraph (cXl), above, the provisions of this paragraph shall become applicable on December 31, 1984. (Ord. No. 84-3196, § 1(EX5), 8.14-84; Ord. No. 84.3208, 4 2, 11.6-84) Sec. 36.11. Low density multifamily residential zone (RM - 12). (a) Intent It is intended that this zone provide for a high den- sity of single-family residential development and a low density of multifamily residential development. Dwellings in this zone should have good access to all city services and facilities. (b) Permitted uses. (1) Detached single-family dwellings. (2) Duplexes. Supp, No. 23 2515 I 136.11 IOWA CITY CODE (3) Multifamily dwellings. (c) Provisional uses (1) Dwellings allowed in this zone with a marimum of three (3) roomers in each dwelling unit provided that for single. family dwellings and duplexes, additional off-street park- ing spaces shall be furnished at the ratio of one-half 0A) space per roomer. (2) Family caro facilities provided they shall not be located within orwgyarter (%) mile of each other. (3) Rooming houses, provided that the total floor area shall not exceed three hundred and thirty (830) square feet for each two thousand seven hundred twenty -live (2,725) quare feet of lot area and that there shall be at lead one hundred (100) square fed of floor area for each roomer. (4) Transient housing provided that there is at least seven hundred fifty (760) square feet of Id area for each perma. nent resident and two hundred (200) square feet for each temporary resident. (6) Zero lot line dwellings and townhouses provided they shall be developed in accordance with the requirements of sec. tion 9666. (d) special a ciptiona (1) Cemeteries and mausoleums subject to the requirements ofsection 88x8. (2) Child care facilities subject to the requirements of section 8688. (8) Funeral homes subject to the requirements of section 38-66. (4) (croup care facilities provided that them is at least seven hundred fifty (760) square feet Blot area for each occupant. (ti) Public utilities. (6) Religious institutions subject to the requirements of sec. tion 88.88. (7) (iehooh,—Generalized private instruction. Supp. No. 23 2616 S� ZONING 4 36.20 (5) Maximum building bulk: Height -35 feet. Lot coverage—None. Floor area ratio -2.0. (f) 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: 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) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional re- quirements or the off-street parking requirements. Sec. 36.20. Central business service zone (CB -2) (a) Intent The central business service zone (CB -2) is intended to allow for the orderly expansion of the central business district of Iowa City, to serve as a transition between the intense land uses located in the central business district and adjoining areas, i and to enhance the pedestrian orientation of the central business district by providing suitable, peripheral locations for auto -oriented I commercial and service uses. This zone is intended to accommo- Supp. Na 23 2537 i i 5�s 4 36-20 IOWA CITY CODE date mixed land uses and requires that the intensity of use be less than that permitted in the CB -10 zone. (b) Permitted uses. (1) Auto- and truck -oriented uses. (2) Hotels, motels and convention facilities. (3) Permitted uses of the CB -10 zone. i (4) Transient housing. (c) Provisional uses. (1) Dwellings located above or below the ground floor of a structure in which the ground floor is occupied exclusively by another principal use or uses permitted in this zone. The dwellings shall be developed in accordance with the dimensional requirements of the RM -145 zone. A maxi- mum of three (3) roomers may reside in each dwelling unit. (2) Elderly housing subject to the requirements of section 3655. (d) Special exceptions. (1) Child care facilities. _ (2) Clubs. (3) Commercial recreational uses. (4) Public utilities. (5) Religious institutions. (6) Schools—Specialized private instruction. (e) Dimensional requirements. i (1) Minimum lot area: None. i (2) Minimum lot width: None. (3) Minimum lot frontage: None. (4) Minimum yards: Front—None. Side—None. t Rear—None. Supp. No. 29 2538 i ZONING 13621 (5) Maximum building bulk: Height -100 feet. Lot coverage—None. Floor area ratio -2.0. M General provisions. All principal and accessory uses permit. ted within this zone are subject to the requirements of Articles DT 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: See section 36-58. d. Off-street loading requirements: See section 36.59. e. Sign regulations: See section 36.60. G 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) Religious institutions which existed on August 7, 1962, may expand without compliance with the off-street park- ing requirements. (Ord. No. 84-3205, 6 1, 9.25.84) Sec. 36.21. Central business zone (C&10). (a) Intent The central business zone is intended to be the high density, compact, pedestrian -oriented shopping, office, service, and entertainment area in Iowa City. Development and redevel- opment within this zone should occur in compact groupings, in order to intensify the density of usable commercial spaces, while increasing the availability of open spaces, plazas, or pedestrian ways. The zone is intended to accommodate a wide range of Supp. Na 23 2539 57S 136-21 IOWA CITY CODE retail, service, office and residential uses. Auto -oriented uses, as defined in this chapter, are not permitted except as otherwise provided. Consolidated off-street loading and service facilities should be provided wherever practical with access to be provided from public service alleys or courts. It is intended that off-street parking facilities be publicly provided and off-street accessory parking be allowed only as a provisional use. Because of the proximity to the University of Iowa, residential development above the ground floor in this district is encouraged as a provi- sional use. (b) Permitted uses. (1) Business and personal service establishments, except drive- in facilities. (2) Meeting halls. (3) Office uses allowed in the CO -1 zone. (4) Retail establishments, including restaurants, except drive- in facilities. (6) Theaters. (6) Transient housing. (c) Provisional uses. (1) Dwellings provided they are located above the ground floor of another principal use permitted in this zone. Three (3) roomers may reside in each dwelling unit. (2) Elderly housing subject to the provisions of section 3656. (3) Hotels or motels provided that parking spaces shall be in accordance with section 36.68. (4) Wholesale establishments in conjunction with retail establishments. (d) Special exceptions. (1) Child care facilities. (2) Clubs. Supp. Na 23 2540 , 99 i i ZONING 496,29 c. Performance standards: See Division 3. d. Nonconformities: See Division 4. (g) Specialprouisiona None. Sec. 36.28. Reserved. Sec. 36.28. Public zone (P). (a) Intent It is intended that the public zone (P) provide refer- ence on the zoning map to public uses of land. Thus land owned or otherwise controlled by the federal government, the State of Iowa, Johnson County, City of Iowa City, and the Iowa City Community School District will be designated a public zone (P). This designation is intended to serve a notice function to those owning or buying land in proximity to publically owned land, which is not ordinarily subject to the regulations of this chapter. (b) Permitted use& (1) Farms. (2) Use of land, buildings or structures of the aforementioned federal and state governments or political subdivisions thereof. (e) Provisional uses, None. (d) Special exceptions. None. (e) Dimensional requirements. None. (0 General prouislona None. (g) Special provisions. (1) Should any such land be sold, conveyed or transferred to anyone other than the government of the United States of America or the State of Iowa or a political subdivision thereof, the buyer or transferee must submit an applica. tion to the city for a rezoning to a zone other than the public zone(P)in accordance with section 36.88. (2) Land which is acquired by the government of the United States of America or the State of Iowa or a political subdi- vision thereof after the effective date of this chapter shall Rupp. Na 23 2663 S6 S a 136-29 IOWA CITY CODE retain its existing zoning designation until such time as, pursuant to section 36-88, the zoning map is amended to designate such land a public zone (P). (3) Before any such land is conveyed by leasehold interest to anyone other than the federal and state governments -or political subdivisions thereof for a use other than permit- ted in this zone, rezoning to an appropriate zone in which the use is allowed shall be obtained. The use shall be subject to all requirements of the zone in which it is, al. lowed. Further, the zone shall be established as an overlay zone with the underlying zone retaining its original desig- nation of P. DIVISION 2. OVERLAY ZONES Sec. 3630. Flood hazard overlay zones. (See sections 36.31-36.37.1 Sec. 3631. General. (a) Purpose The purpose of the flood hazard overlay zones is to establish regulations to minimize the extent of floods and the losses incurred in flood hazard areas and to promote the public health, safety and welfare. (b) Intent The flood hazard overlay zones are intended to per- mit only that development within the floodplain which is appro. priate in light of the probability of flood damage. The regulations as set forth herein shall apply to all property located in the floodplain, as shown on the flood hazard. boundary map filed with the city clerk. (c) Adoption of flood maps and flood insurance study. The city has adopted the preliminary revised flood insurance rate map, the flood boundary and floodway map and the flood I insurance study dated May 17, 1984, provided by the federal emergency management agency as the official documents. No ordinance re- lated to these documents shall be adopted or enforced based upon modified data reflecting natural or man-made physical changes Supp. No. 23 2554 ZONING 53631 without prior approval of change in the documents by the federal emergency management agency. (d) Lands to which the overlay zones apply. The flood hazard overlay zones shall apply to all lands shown on the flood hazard boundary map as being located within the one hundred -year floodplain. (e) Determination of the location of floodplain and fleodways. The boundaries of the floodplains and floodways shall be deter- mined from information presented on the flood boundary and floodway map. In the absence of specific information, boundaries shall be determined by scaling distances on the map. Where interpretation is needed as to the exact location of the bound. aries, the city engineer shall make the necessary interpretation. In all cases, the level of the one hundred -year flood shall be the governing factor in locating the zone boundary on any property. Any person contesting the location of the zone boundary shall be given an opportunity to present his/her case to the board of adjustment for interpretation. (f) Disclaimer of liability. The degree of flood protection re- quired herein is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or flood heights may be increased by man-made or natural causes, such as ice jams or bridge openings restricted by debris. These regulations do not imply that areas outside the flood hazard overlay zones will be free from flooding or flood damages. These regulations shall not create liability on the part of the city or any official or employee thereof for any flood damages that result from reliance on these regulations or any administrative decision lawfully made hereunder. (g) Establishment of floodplain overlay (OFP) zone and flood - way overlay (OFW) zone The city hereby establishes a floodplain overlay (OFP) zone and a floodway overlay (OFW) zone which boundaries are those of the designated one hundred -year flood and the designated floodway respectively, as shown on the flood boundary and floodway map. The OFP zone includes the OFW zone. Supp. Na 23 2655 67r I i I i i 4 3631 IOWA CITY CODE (h) Public inspection. The city maintains for public inspection the following: (1) A flood hazard boundary map, a flood insurance rate map, and a flood boundary and floodway map. (2) Certificates of floodproofing (with building permits as applicable). (3) For all new or substantially improved buildings in the floodplains: a. Information on the elevation of the lowest habitable floor including basement, b. A statement whether a building contains a basement, and c. A statement whether a building has been floodproofed and to what elevation. (Ord. No. 84.3203, 4 2A, 9.25.84) Sec. 3632. Definitions. The following definitions apply only in the interpretation and enforcement of the regulations of the flood hazard overlay zones: (a) Area of shallow flooding: The land designated AO on the flood hazard boundary map where no clearly defined channel exists and the path of flooding is unpredictable. (b) Area of special flood hazard- The land in the one hundred. year floodplain designated on the flood hazard boundary map as areas AO and Al—A30. (c) Base flood/one hundred -year /food• The flood having a one per cent chance of occurrence in any given year. (d) Base flood elevation/flood protection elevation: The water surface elevation of the one hundred -year flood, which is shown on the preliminary revised flood insurance rate map (FIRM), assuming only that encroachment on the flood. plain that existed when the preliminary revised flood in. surance rate mnp dated May 17, 1984, was adopted. Addi. tional and complete encroachment to the floodway encroach. Supp. Na 23 2656 \! Eva i ZONING 4 36.32 (u) Mobile home park or subdivision, expansion.- The prepara- tion of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construc- tion of streets). (v) Mobile home park or subdivision, new: Land divided into two (2) or more mobile home lots for rent or sale for which the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including at a mini. mum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) commenced on or after the effective date of Flood management regulations adopted by the city. (w) Reach: A hydraulic engineering term to describe longitu. dinal segmenta of a stream or river. An example of a reach would be the segment of a stream or river between two consecutive bridge crossings. (x) Substantial improvement- Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) per cent of the appraised value of the structure, either (a) before the improvement or repair is started or (b) if the structure has been damaged and is being restored, before the damage occurred. For the pur. poses of this definition substantial improvement is consid. ered to occur when the first alteration of any wall, ceiling, floor or other structural part of the structure commences, whether or not that alteration affects the external dimen- sions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of a structure listed on the National Register of Historic Places or the Stale Inventory of Historic Places. (y) Water surface elevation: The height in relation to mean sea level reached by floods of various magnitudes and frequen. cies in the Iloodplaina of riverine areas. (Ord. No. 84.3203, 4 2B, 9.25.84) Supp. No. 23 2659 STr 13633 IOWA CITY CODE Sec. 3633. Floodplain overlay (OFP) zone regulations. The uses and regulations applicable to development in the floodplain overlay zone are as follows: (a) Uses permitted Any use as permitted by the underlying zone shall be permitted in the OFP zone upon meeting the conditions and requirements prescribed in this zone. (b) Requirements. (1) In areas where water depths in the one hundred -year flood range between one and three (3) feet, all new construction and substantial improvements of nonres- idential and residential buildings shall have the low- est floor, including basement, elevated above the crown of the nearest street or above the depth number be- hind the AO designation on the flood insurance rate map, whichever is higher. Alternatively, nonresiden- tial buildings, including utility and sanitary facilities, may be completely floodproofed to the highest level mentioned above. The walls and basement floor shall , be completely waterproofed and built to Withstand lat. `ry eral and uplift water pressure. (2) In areas Al—A30, all new construction and substan- tial improvements of nonresidential and residential buildings shall have the lowest floor, including base- ment, elevated to or above the one hundred -year flood level as shown on the flood insurance rate map. Alter- natively, nonresidential buildings, including utility and sanitary facilities, may be completely floodproofed to the level of the one hundred -year flood as shown on the flood insurance rate map. The walls and basement floor shall be completely waterproofed and built to withstand lateral and uplift water pressure. (3) When floodproofing is used for nonresidential build- ings, a registered professional engineer or architect shall certify that the floodproofing methods are ade- quate to,withstand the flood pressures, velocities, im- pact and uplift forces, and other factors caused by the one hundred -year flood. A record of this certification Supp. No. 23 2660 �1 � ,S ZONING 4 36.37 Sec. 3036. Nonconforming structures. (a) If any nonconforming structure is destroyed by any means, including floods, to the extent that the cost of restoration or replacement would equal or exceed fifty (50) per cent of the ap- praised value of the structure before the structure was damaged, the following regulations shall apply: (1) If a nonconforming structure is in the floodway, the struc- ture may be reconstructed; however, it shall not be ex. panded, changed, enlarged or altered in any way which would create an obstruction to water flow greater than that which existed before damage to the structure occurred. Upon reconstruction, the structure shall be adequately and safely floodproofed or elevated to the level of the one hundred. year flood as shown on flood insurance rate map. (2) If a structure is located in the floodway fringe it may be reconstructed provided it is adquately and safely floodproofed or elevated in conformance with the requirements herein. (b) V any mobile home or mobile home park is destroyed by any means such that the cost of restoration would exceed fifty (50) per cent of its appraisal value prior to damage, then such mobile home or mobile home park shall not be rebuilt or replaced if it is located in the floodway. If it is located in the floodway fringe, it shall be rebuilt in conformance with the requirements herein. Sec. 3637. Variances. (a) General requirements /or granting of a uariance. In all cir. cumstances variances may only be granted upon a determination that the variance issuance will not result in increased flood height, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public or conflict with any other local laws or ordinances. Variances shall not, under any condition, be issued within the floodway if any increase in flood level during the one hundred -year flood would result. (b) Insurance rates. The issuance of a variance to construct a building below the one hundred -year flood level will result in Supp. No. 23 2567 5_9s� 4 36-37 IOWA CITY CODE increased premium rates for flood insurance coverage because such construction below the level of the one hundred -year flood increases risks to life and property. The applicant should contact his/her insurance agent for further information. (c) Approval by the Iowa Department of Wafer, Air and Waste Management. All decisions to grant a variance shall be submitted to the Iowa Department of Water, Air and Waste Management for final approval. The decision to grant a variance shall not be binding until such approval is granted by the Iowa Department of Water, Air and Waste Management, Note: The provisions in sections 36.30 through 37 are essen- tially the same as existed in the zoning ordinance prior to the adoption of this chapter. Secs. 36.36-3643, Reserved. Editor's note—Section 16 of Ord, No. 84.3211, adopted Nov. 6, 1964, repealed 1136.38-3643, concerning airport overlay zones. The airport height restrictions are now handled in an airport zoning ordinance, passed Jointly with Johnson County, and codified as Art. V of Ch. 4 in this volume. Supp. No. 23 2568 IThe next page is 25771 iI ZONING 4 36.55 t In the event commercial uses are approved as a part of a planned development, a building permit for the commercial uses shall not be issued until a minimum of twenty-five (25) per cent of the housing units planned for the area (or approved subarea) have been completed or will be built simultaneously. Separate build- ing permits shall be obtained by the developers for the construc. tion of housing and commercial uses where separate buildings are to be used. j Note: The provisions in section 36-47 are essentially the same as existed in the zoning ordinance prior to the adoption of this chapter. Sec. 36-48. Reserved. Sec. 3849. Reserved. Secs. 3650-36-54. Reserved. Editor's note—Pursuant to the direction of the city, 5136-50-36-54. concern. ing historic preservation overlay (OHP) zones, have been removed from the Code. See Art. V of Ch. 27 for material concerning historic preservation. Also, in the zoning ordinance proposed for adoption at the time of publication of this supple - tion material concerning the historic preservation overlay zones will be included. I DIVISION 3. ADDITIONAL REGULATIONS Sec. 3655. Use and requirements. The following principal uses are listed as provisional uses or special exceptions in various zones in this chapter. These uses are required to meet the regulations indicated, in addition to the regulations of the zone in which the uses are allowed, only when this division is referred to in the requirements for each use. In case of any conflict between the regulations of the zone in which I (The next page is 25011 i Supp, No. 23 2585 5fg ZONING f add! requires four (4) or fewer parking spaces, the portion of the parking area within fifty (50) feet of the abut. ting lot shall be screened from view within the abut. ting lot or at such time as provided in section 36.760). (2) Where a parking area is provided on a lot within one hundred (100) feet across the street from a lot with a residential use which requires four (4) or fewer park- ing spaces, the portion of the parking area within one hundred (100) feet shall be screened from view within the lot or at such time as provided in section 37.760). (3) The materials for screening and the placement shall comply with the regulations of section 36-760). (4) The board of adjustment may grant a special excep. tion to modify the screening requirements when a park- ing area requires screening as provided in subpara- graphs (1) and (2) above, when neither the lot on which the parking area is located and the lot abutting or across the street are zoned RS. The special exception shall be subject to all the requirements of section 36.91(8) and may only be granted when the applicant can demonstrate that modification of screening requirements would better serve the public interest than would strict compliance with said requirements. Public interest may include but is not limited to reasons of public safety or aes. thetics. In no case shall a special exception be granted to modify the screening requirements for a lot abut- ting or across the street from a lot in an RS zone. (f) Off-street parking in the CB -10 zone Except as otherwise provided, off-street parking in the CB -10 zone shall be permitted only after approval of a special exception by the board of adjustment. The board shall consider the impact of the proposed parking upon surrounding uses in relation to the following requirements: (1) Screening. In addition to the applicable requirements for screening of subsection (e) herein, where a parking area abuts a street it shall be separated therefrom by a solid fence, wall, or evergreen hedge having a height Supp. No, 23 2617 two IOWA CrrY CODE of not less than three (3) feet nor more than five (5) feet. (2) Access. Each entrance and exit to the parking area shall be constructed so that vehicles entering or leav- ing the parking area shall be clearly visible to a pe. destrian on any sidewalks at a distance of not less than ten (10) feet. (3) Signs. Appropriate signs, including slop signs posted at the exits to streets, shall be provided. (g) Special vehicle parking and storage In an R zone certain vehicles because of special characteristics shall comply with the following requirements: (1) Vehicles more than seven (7) feet in height shall not be parked in the front yard or side yard, except upon a regularly constructed aisle for the purposes of loading and unloading. (2) Commercial vehicles designed for the shipment of det. enable materials or flammable solids, liquids or gases shall not be parked on any lot in an R zone except for the purpose of making local deliveries. (h) Parking for handicapped persons Where a use is required to provide accessibility for handicapped persons, at least two (2) per cent of the parking spaces shall be set aside and 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 up to not more than a fifty (60) per cent reduction, and more for buildings placed on the National Register of Historic Places, in the required number of park- ing or stacking spaces. (Ord. No. 84.3182, 4 1, 5-8.84; Ord. No. 84.3191, ¢ 1, 7.3-84; Ord. No. 84.3198, 3 1, 8-28.84; Ord. No. 84.3207, G 2, 10.9.84) (kava mfemnee--&oming, standing and parking, 123-244 at seq. Supp. No.23 2618 5s ZONING 4 365E Sec. 5969. Off street loading requirements. Except in the CB -10 zone, off-street loading spaces shall be provided and maintained in compliance with the following requirements: W Required number of off-street loading spares. With any retail use, warehouse, supply house, wholesale distributor, manufacturing establishment, industrial or research labo. ratory, or similar use which requires the receipt or distr . bution of materials or merchandise by Web or vasa and which has a floor area of ten thousand (10,000) quare fleet or more, there shall be provided the minimum number of loading spaces as follows: Supp, Na 23 2618.1 5757 I1 j SY-S ZONING 136-69 (2) Permitted signs. a. One on -premises identification and/or advertising facia sign shall be allowed provided it does not exceed twenty (20) per cent of the area of the front wall of the build- ing. If the building is higher than one story and the business occupies more than one story, the maximum size signage permitted shall be determined by using twenty (20) per cent of the area of the face (or front wall) of the building that is occupied by the business. The sign may be nonilluminated or internally or ex - f ternally lighted with a nonflashing light source. b. One on -premises identification under -canopy sign not to exceed six (6) square feet per sign face per building frontage shall be permitted. The sign may consist of not more than two (2) parallel faces and may be nonilluminated or internally lighted with a nonfiash. ing light source. c. One on -premises directory facia sign not to exceed four (4) square feet in area shall be permitted where occu- pants have no street frontage, and the sign shall be located immediate IY adjacent to the principal entrance to the occupant's premises. The sign may be nenillumi- nated or internally lighted with a nonflashing light source. d. Identification awning signs not to exceed twenty-five (26) per cent of the surface of the awning shall be permitted. e. One on -premises advertising marquee sign not to ex- ! ceed one square foot per lineal foot of building front. age or fifty (60) square feet per sign face shall be permitted for theatre marquees. Said sign shall con. i sist of not more than two (2) faces and may be nonil- luminated or internally lighted with nonflashing light source f. Two (2) on -premises identification "permanent, paint. ed" window signs not to exceed two (2) square feet per sign shall be permitted per occupant. g. On-site signs in the windows of buildings shall be allowed provided that they do not exceed four (4) square !!UPIL N& 23 2846 SY-S i 13643 IOWA CrFy CODE feet in area, or twenty-five (25) per cent of the area of the window upon which the sign is affixed, whichever is leas. These signs may advertise the name, days and hours of operation, telephone number and other re- lated information about the business being conducted on the premises. These signs' may also include infor- mation relative to the acceptance of credit cards or bank cards. h. One identification or advertising facia sign'not to ex- ceed sixty-five (65) per cent of the maximum square footage for facie signs in the CB -2 zone shall be per. mitted in those instances where a commercial, busi• ness shall have frontage on two (2) intersecting streets. This facia sign shall not be located on the same build• ing face as that on which a,faeia sign, as permitted in subparagraph a,, above, is located. L No more than one of the following signs (1 or 2) shall be permitted: 1. One on -premises identification or advertising mon- ument sign not to exceed (me square foot per lin- eal foot of building frontage.:Said sign shall not exceed fifty (50) square feet per sign face and may be internally or externally lighted.' " 2. One on•premises identification or advertising free• standing sign not todxceed onesquaie foot per lineal foot of building frontage. Said sfga shall not exceed fifty (50) square feet per sign face and may be internally or externally lighted. (3) Special requirements, a. Facia signs shall not extend above the roof line. b. Under -;canopy signs shall not exceed a dimension of six (6) feet nor in any case more than seventy-five (75) per cent of the width of the canopy to 'which it is attached; No portion of the sign shall be less than ten (10) feet above grade.; c, Directory signs shall not exceed four (4) square feet in area and no dimension of the sign shall exceed two and one-half (255) feet. Supp. Na 23 2646 S kr i ZONING 636-63 d. No roof signs, off -Premises signs or billboards shall be permitted. e. No temporary signs consisting of painted cardboard, Plastic, paper or similar material shall be permitted to be attached to any window or outside wall. f. All monument signs shall not extend more than five (5) feet above grade. (h) CI -1, ORP, 1.1 and 1-2 zone regulations. (1) General requirements. a. No sign shall he erected within fifty (50) feet of R zones which abut CI -I, ORP, 1.1 and I-2 zones. In all instances as described above, signage shall be bound by all regulations and requirements for signage in the CN -1 zone. b. In the event that five (5) or more uses or buildings are located adjacent to each other and individual facia signs as listed below in subparagraph (2)a.1 are erect- "' ed, a common major sign of the type permitted in subparagraph (2)a.2 or (2)a.3 may be permitted pro- .-- vided the following conditions are met: I. The area of the common sign shall not exceed one hundred and seventy-five (175) square feet, 2. The area of the common sign shall be deducted from the total maximum permitted sign area for all of the individual facie signs, and 3. The area of the common sign shall be deducted an equal amount from the maximum permitted sign area for each individual facie sign, d. One on -premises advertising marquee sign not to ex- ceed one square foot per lineal foot of building front,. age and not to exceed fifty (50) square feet per sign face shall be permitted for theatre marquees. The sign may consist of not more than two (2) parallel faces and may be nonilluminated or internally lighted with a nonflashing light source. Supp. Na 23 2647 s7s 4 3663 IOWA CrrY CODE e. Two (2) on -premises identification "permanent, paint - ad" window signs not to exceed two (2) square feet per sign shall be permitted per occupant. f. Window signs shall be allowed Provided they do not ! exceed four (4) square feet in area or twenty-five (26) percent of the area of the window upon which the sign is affixed, whichever is less. These signs may adver- tise the name, days and hours of operation, telephone number and other related information about the busi- ness being conducted on the premises. These signs may also include information relative to the accep. tance of credit cards or bank cards. g. No more than one of the following signs (1 or 2) shall be permitted: I. One on -premises identification or advertising mon. ument sign not to exceed one square foot per lin. eal foot of building frontage. The sign shall not exceed fifty (60) square feet per sign face but may be internally or externally lighted. 2. One on -premises identification or advertising free. f r standing sign not to exceed one square foot per ' lineal foot of building frontage. The sign shall not exceed fifty (60) square feet per sign face but may be internally or externally lighted. (2) Permitted signs. a. No more than one of the following signs (1, 2 or 3) shall be permitted: I. One on -premises identification and/or advertising facia sign shall be allowed provided it does not exceed twenty (20) per cent of the area of the front wall of the building. If the building is higher than one story and the business occupies more than one story, the maximum size signage permitted shall be determined by using twenty (20) per cent of the area of the face (or front wall) of the building that is occupied by the business. The sign may be nonilluminated or internally or externally lighted with a nonllashing light source. Supp. No. 23 2648 ^Z•l� ' ZONING 4 3863 2. One on -premises identification monument sign not to exceed one square foot per lineal foot of build. ing frontage up to a maximum total signage of frontage with a maximum total signage of one hundred and fifty (160) square feet shall be permitted. 3. One on -premises identification free-standing sign per occupant not to exceed one square foot per lineal foot of building frontage and not to exceed fifty (60) square feet per sign face shall be permit- ted. The sign may consist of not more than two (2) faces, which are parallel or form not more than a forty -five -degree angle with each other, and may be nonilluminated or internally or externally lighted with a nonflashing light source. b. One on -premises identification facia sign not to exceed four (4) square feet per building frontage shall be per- mitted. The sign shall be nonilluminated, c. A free-standing billboard sign subject to the require. ments of section 36.62(d) shall be permitted. d. Window signs shall be allowed provided they do not exceed four (4) square feet in area or twenty-five (26) per cent of the area of the window upon which the sign is affixed, whichever is less. These signs may adver. tise the name, days and hours of operation, telephone number and other related information about the busi- ness being conducted on the premises. These signs may also include information relative to the accep. tance of credit cards or bank cards. (3) Special requirements. a. No support or part of a free-standing sign shall project into the street right-of-way. Note: The provisions In sections 36.60 through 63 are essen- tially the same as existed in the zoning ordinance prior to the adoption of this chapter. (Ord. No. 84.3209, § 2, 11.6.84) Supp. Na 23 2648.1 59r ZONING 4 3887 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• mg be occupied until a certificate of occupancy has been issued by the city manager or his/her designee. Ira 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 the 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. A certificate of occupancy may be obtained for nonconforming mss• Application for certificate of occupancy, for nonconforming uses shall be accompanied by affidavits of proof that such non- conforming use was not established in violation of the zoning ordinance atter July 26, 1962, and before the adoption of this chapter. 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 zones designated on the map accompanying and made a Part of this chapter are bounded approximately by street or alley linea, the center lines 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 lots, 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, Supp. N0. 23 2675 �i 5SP 136-67 IOWA CITY CODE �\ 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 this chapter to interfere with or abrogate or annul any ease- ments, covenants or other agreements between. parties, except that if this chapter imposes a greater restriction this chapter shall control. Editor's note—The zoning map has not been reproduced in the Code; it may be found on file in the city clerk's office and is also available from the department of planning and program development. Sec. 36-88. Amendment of ordinance. (a) The city council may from time to time, on its own motion or on petition, amend; supplement, change, modify or repeal by ordinance the boundaries of zones, or regulations, or restrictions herein established. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the commission for its recommendations and report. If the commission makes no report within forty -rive (46) days, it shall be considered to have made a report approving the proposed amendment, supplement, modification or change. After the recommendation and report of the commission have been filed, the council shall before enacting any proposed amendment, supplement, change,.modi8cation or repeal, hold a public hearing in relation thereto, giving notice of the time and place of the hearing, which notice shall be published in a newspaper having a general circulation in the City of Iowa City at least seven (7), but not more than twenty (20) days before the public hearing. In no case shall the public hearing be held earlier than the next regularly scheduled council meeting follow. ing the published notice. The council may set such public hearing either before or after it submits the proposed amendment, sup - Supp. No. 23 2676 ©` ZONING 436,88 plement, change, modification or repeal to the commission for its recommendation, or during the period while the commission is iconsidering such matter. (b) If a protest against such proposal, amendment, supplement, change, modification or repeal shall be presented in writing to the city clerk, duly signed and acknowledged by the owners of twenty (20) per cent or more of the area of the lots included in the proposed change or repeal; or by the owners of twenty (20) per cent or more of the property which is located within two hundred (200) feet of the exterior boundaries of the property for which the change or repeal is proposed, such amendment, supplement, change, modification or repeal shall require the favorable vote of three- fourths of the members of the council for passage. (c) Before any action shall be taken as provided in this section, the party or parties proposing or recommending a change in the district or zone regulation or district or zone boundaries shall deposit with the city clerk such filing fee, if any, as the council may from time to time establish by resolution for petitions for !, rezoning. (d) No building permit for the erection of any building or strut• ture or license or permit for the conduct of any use shall be issued for a period of sixty (60) days atter the city council of Iowa City has set a public hearing on the question of amending the zoning ordinance and map so as to rezone an area, if the building or use contemplated by the requested permit would not be permitted in that area under the proposed zoning classification. Provided, that if final action by the city council is not taken on the question within sixty (60) days of the time the matter is set for public hearing, the permit or license shall issue. If within the sixty-day period the city council shall enact an ordinance amending the zoning ordinance, the provisions of said zoning ordinance as amended shall thereafter be in effect. If within the sixty-day period the city council shall vote on said question and it shall not receive a sufficient number of votes for passage, the suspension period shall be terminated and permits shall be issued upon current zoning regulations. (e) If n permit for a building or structure has been issued for a particular area but no substantial part of the construction has Supp. No. 23 2677 J!r t 36-98 IOWA CITY CODE been commenced at the time, if the city council shall set a public hearing on the question of amending the zoning ordinance and map so as to rezone the area of the permit which rezoning would prohibit the building or use contemplated by the permit, the permit shall stand suspended and all construction and other ac. tion shall be suspended for a period of sixty (60) days after the setting of the public hearing. Provided, however, that if final action by the city council is not taken on the question within sixty (60) days, construction may be commenced. If within the sixty-day period the city council shall enact an ordinance amend. ing the zoning ordinance, the provisions of the zoning ordinance as amended shall be in effect and if said provisions prohibit the building, structure or use contemplated by the suspended permit, said permit shall stand automatically revoked and terminated. If the city council shall vote on said question and it shall not re- ceive a sufficient number of votes for passage, the suspension period shall be terminated and construction may be commenced under the permit. The suspension of work under the provisions of this ordinance may not be invoked and is not applicable if pre- viously said permit has been suspended under the provisions of this chapter. (p No property or area within the city shall be subject to the suspension provisions of this chapter unless twelve (12) months shall have expired after a previous suspension period, said twelve- month period to commence with the final day of the sixty-day suspension provided for in this chapter. (g) The planning and zoning commission may recommend to the city council amendments, supplements, changes, or modifica- tions to this chapter or to the boundaries of zones or to the zoning of particular tracts. If the commission initiates a recommenda- tion to the council, said recommendation need not be submitted to the commission for its report but may be set for public hearing forthwith. (Ord. No. 84.3202, 4 its), (b), a-26-84) Sec. 36-89. Violations. (a) The owner or manager of a building or premises in or upon which a violation of any provision of this chapter has been com- mitted or shall exist, or the lessee or tenant of an entire building Supp. Na 23 2678 59-C STATUTORY REFERENCE TABLE This table shows the location within this Code, either in the text or notes following the test of references to the slate low or related matters. I.C.A. swum Sedlan UIe CeAe 1.4' A. lection satin "Cw6s 4.1 1-S alma 23 -IR 4.1(1) 1.3 nim s win CIL to 141 Umar Min Ch. 66 Ch. 10, Art. Made) 3111.311 Mao CIL INA 141[ 621.!14--pIJu Min Q 10 46(7) 621219 !Liss 166.1 CLa(sale) 621120 !LIN Iaa(1) cLa(wee) Ancon win I" cL6(mom) ulna n-194 12146(2)' 466 621.624 !LIN Ch. I= 364(012) 321.326 26.217 3sD.1 Q. a (ode) alma 1111-212 136D.26 364(m)(1) ASIAN 23-111 CL 1n 7-116 221ma Mau Ch. 237 384(f)(2) . 611.661 23-220 221.1 411 a (�) ni a2 23-221 !-� 22.1 01341 21.131 Ulm 23.N alms 23.1114 Min M.174 nlma 14112.21 -IN a15N 23.19 121.366 !Calls 221=0 22.2 121x62 26.121 121.271 23-123 ULM M136 alma win nim s l3 -1n 3:112N 242 n1m67 n-ln CIL U, Art.IV (este) ULM MI" 221.236 Ch. a (note) 121.671 23-140 W. a, Art IV (=is) 321.364 23.62 321.2N(7) Ch.s(nds) 311.446 23.190 alai 7422 Ch. 32IG 24.4•3 221.266 11.29 Ch. 329 4.71,4.80 221567 23.0 329.6 4482 211569 was 329.9 4.77 ULM 23.36 329.11,329.12 4.78 ASIM4 12.90 329.13 4.81 32120 13.46 Ch. 330 C►.4(Dota).4.20 221.20 2349 33153111 Man -ni.m MIN 361.1 CL7(wta) aims Min Ch. sIA 7-311 ULM M124 361.12(2) Ch. Al (nets) 321.2" 23.161 361.12(2)(9) CL 21, A+3- V. 121.302 28-161 Div.3 (Data) Supp. No. 23 2913 WIN R Su9R Na 23 Me nest pate Is 29361 2914 gyS IOWA CrIR CODE LC.A. Section LICA. Section Section this Code section this Cc& 384.12(9)(4) 31.111 414.4 4-77 17L9 4Ledr(not@) 414.6 4.77,27.17 37L13(9) CL 9, ArL 111, 414.16 4.80 Dins(note) Ch. 419 2.206 378.2 2,19 Ch. 422A 22.1.21 380.8 ' 1.1 Ch. 499A 17.2 380.10 8.16 C6.499B 17.2 114 Ch. 624 I834(b) 28.2 Ch. 633 1894(6) Ch. 334 223 Ch. 634 MUM 334.40 Ch. 23 (note) Ch. 636 1840) 3µ,m2-207 Ch. 638A 1&31(6) MIA Ch. 38 (note) Ch. 803A BOIA.1 1837(e) 592.8 Ch. 20, Art B Ch. 18 (note) (note) 601A.17 Ch. 18 (note) 292.7 Ch. 27, Art. B 667.1 Ch. 24, Art. VI (note), 24.101 Ch. 397 14.2,14.28) 657.2 24101 409.1XON 8,1 765.11 281 408.1 Ch. 32 (note) 409.11 3240 409.14 Ch. 32 (note), 324 Ch. 414 364MS), (cx81 NO Su9R Na 23 Me nest pate Is 29361 2914 gyS CODS COHPARATME TABLE No. Ad ADnte Section SectionOrd. this Code i 94.3170 1.17.84 2 17-2,174(a) 84.3171 1.31.84 2.3 175(nM &16,8.17 84.3172 2.1494 Art. 1, 33-76.16 i 441-42 Art. 11, 33.76.18 441, 2 443-6 33.76.19 • 17 33.76.25 448,9 33.76.20 410 33.76.23 44 11,12 33.76.26 Art. III, 33.76.21(a), (b) 441, 2 13 33.76.22(0) 44 4-6 33.76.21(cHe) 44 7, 8 33-76.22(6), (c) 19 33.76.24 4 10 33.76.17 Il, 12 33.76.27 84-3176 Art. IV, 44 1-6 33.7628 84-3178 2.28.74 327-84 2 31.145-31.157 2 1035(8), 843182 5. 8'84 1 (16), (16) 843183 5. 8.84 2 36.58(c)(2)g, (U4 84.3185 5.22-84 17.5(n)(3) 3 I8-1,18.2, 18-16-18.19, 84.3186 6. U418-31-1844 1831-1844 84.3187 6, 6$4 36.11(dX8),(gX2) 2A 8.17(2516(D3) 84.31902B 6.1994 2 8.17(4508) 843191 7. 3.84 1 23.189 36458(cX2),(3)a4 84.3192 7.394 2 23.189 94.3193 7. 3.84 2 31.2 84.3195 7.31-84 2 23.72(6) 843196 8.1494 1(A) 364(dXl6) I(B) 364(m)(1) 1(C) 364M) Rpld 364(mX2) i(D) 364(m)(4) 1(EXI) 36.5(M) ' 1(EX2) 369(eX6) Hupp. Nm 29 1(EX3) 36.7(cX6) 298.9 IOWA CITY CODE Ord. No. Adpl. DateSection Section this Code 84.31978.2884 84.31988.28.84 84-3199 8.L8-84 I(EX4) I(EX5) 1(EX6) I(EX7) 1(F) 1(G),(H) 1(1) 1 1 36.8(e)(6) 36-10(eX7) 36.11(eX7) 36-13(e)[7) 36.9(wption) 36.9(a), (b) 36-9(cX2) 36-72,36-73 364(pX7.1) 30-0(pX7.11 84.32008.28.84 84.3202 84.3203 -� 84.32049.24.84 9.25.84 9.25.84 Rpld 2 1(a),(b) 2A 2B 1-7 8 364(tX4) 35.33 36.88(3). ro) 3631(c) 3"2(d) 27.81-27.87 27,88 B4-3205 84.3206 9.22,84 9.26$4 8A 9, 10 2(1) 2(2) 8,34 27.89, 27.90 z55aa 2"0(0 ) 2551 84.3207 84.3208 10. 9.84 11. 6,84 2(3) 2 3658(eX4) 25-64(c) 36-7(8)(2), ` 36-&8X2), 84.3209 84.3211 84.3212Il• 84.3213 84.3216 84.321812.18.84 11. 8,8436.138X1) 11.6-84 8.84 11- 6,84 12.4444 1-15 16 Rpld 20) 2(2) 2(1) 2(2) 2(3) 36.63(8X21e-i 4.71-4.85 36.38-3643 18.32(6X2) b 6(0) 5-6(d) 9.1.2 14-73(c) 14.73(dXl) 14.83(x) (The next page U 2971 J Supp. No, 28 2989 JOS I XCdDLf INDIS AIRPORTS AND AIRCRAFT-Cont'd. Section Aircraft dropping litter —_-- _- 16.88 Airport manager Authority to euepend flying operatione »— 448 Airport zoning. See within this title: Zoning Alcoholic liquors and drugs ................................................. 448 Assumption of risk ..... _._.................... ____...._......_..__..______. 445 Blocks, brakes,etc., for aircraft 449 Board of adjustment. See within this title: Zoning Broadhead telecommunications system Compliance with aviation requirement 14-84(d) Franchise. See also that title Building construction; ground rental and charges .._- 4-64 City liability construed ._..__.-..-----•- 446 F.AA.regulations; air traSfe regulations----__ 4-36 Fire regulations Cleaing of parts, motors, ate. _.— 4.87 Rmtoptions _.... - 4.68 Precautions, generally 4.66 Smoking and use of matches 4-66 Fueling while engine running 4-61 Ground rental and charge -___ .4-64 Instruction, flying and test nights . - 4-= 1 Intoxicating liquor m aareotle drags Restrictiou regarding 448 Lulling, taking off and taxiing - 4.47 Usbility construed __........ 4-46 Maps Airport overlay zoning map. Seo within this title: Zoning Minimum height of flight, eta 4.86 Operation of aircraft over city ....... 4-1 Puking and mooring ares, deadline, eta --_ 4.3 Pilaf or madame required at aircraft controls ...............:.:...... 450 Public transportation department 2.221 at seq. Public transportation department. Sae that title' Rentah Ground rental and charya_..__.......__._..._._...____....___.. 4.64 Repairs to be made in designated Pleas .........-._....._.......__.._. 441 Requirements far use of airport 4.37 Smoking and use of matches .... ..... ._.....___--_ 4.66 Starting and warming up, limitations --._-.___- 4-62 Buependon of flying operations by matmger of airport "0 Unsafe landing area to be marked -.—.._..-- 4.14 Use ofairport 4.37 Use restrictions. See within this title: Zoning Violalione.... ......... _.............. _......... _.............. __._..___... 44 Wrecked aircraft, disposal .....__.._ ................_.._........:.....__..._.. 442 Supp. No. 23 29"' Jas M P��+ IOWA CM CCR AND AIRCRAFT—Cont'd. Section AIRPORTS Zoning. Sea also that title 481 Administration generally • • • • • ^ •""".............4.74 Air apace height limitations .......................•• 4.74 Airport overlay zoning map • • • • • • • • • "" • • • • " • • ..... 4.74 Airport zones.....................................4.77 Airport zoning commission .......................... 4.78 Board of adjustment...............................• 483 Conflicting regulations ............................. 4.73 Definition......................................• 481 Enforcement.....................................• 482 Equitable remedies...............................• 4.72 Findings......................................... 4.76 Noncenforulties.................................• 4.86 .. Penalties...................................... 484 Prohibited acts...................................• 4.71 PurPose............ 4.79 Special exception................................. 4.76 flee restrictions................................ 480 Variances........................................ ALAm sir977918 94136 /'.. ........... INliattion.......................................... 94193 , Iain alarms .......................... 24.130 Judicial review................................. .... 24.13 Penalties.......................................... systems; standards 7 26.127 Permission to Install alarm 24.129 Service of notice ................. ............ ALCOHOLIC BEVERAGES 448 Airport restriction regarding use, posse salon ok. 6,3 Beer brand signs prohibited ........................... Children. See hereinbelow: Minora 64 Consumption in public places ..................... Dances for minors in connection with business 5.7 Generally........................................ 68 Permit required..................................• 6.9 Revocation..................................... Dancing6.2, 68 Prohibited sales and acts on promises ....... .14,27 at Seq. ............... end houses. Sea that title Disorderly Persons, conduct 26 Drinking in public...........................•......• 10 Hoursofhniness..................................•• 64 Intoxication ............... ........... ......... ice 6ce: Airports nand AircraR...... Airport regulations. • . , , 24.78 at seq. Iowa River regulation ..... • ............... Iowa River. See that title - -- Supp. No. 23 M CODE INDEX � f ALCOHOLIC BEVEPAGES—Cont'd. Section Licensee and permits, Application for renewal ............................. 6-34 Applications ...................................... 6.22 Beer permits Classes ........................................ 6.19 Separate permit required for separate locations, etc..... 6.21 Bondrequired..................................... 6.22 Counciladiooe.................................... 6.29 Dancingrequirements .............................. 66 Fees ............................................ 6.23 Refunds ........................................ 632 Fomardingddocumenta to state ..................... 6.29 Investigation of applicant ........................... 6.26 Liquor central licemea Classes ........................................ 6.20 Nature and scope .................................. 630 Persons eligible ................................... 6.23 Premises, requirements for .......................... 6.26 Supp. No. 23 2980.1 .56S ■ i a CODE INDEX BASEMENT DOORS Section Uncovered openings ............................... 21.7 BASEMENTS OR CELLARS Basement window egress; minimum structural stand- ards for dwellings ............................. 17.6(1) Cellar windowe used far ventilation, minimum structural stand• ards for dwellings ................................ 17.6(k) Housing. See also that title BEER AND WINE Alcoholic beverage regulations .................... 6.1 etseq. Alcoholic beverages. See that title Drinking in public ................................ 24-61 BEGGING Engaging in ........................... .......... 24.62 BICYCLES City plan, bicycle regulations in .................. 9.1-4 City place. See also that title Generally ......................................... 2242 at seq. Traffic. See that title ^ BIDDING. See: Contracts and Agreements 1 BILLPOSTING Billposters, billposting and distribution ............. 2.16 et seq. Advertising. See that title BILLY CLUBS Conceded weapons, carrying ..... • ..... • .... • • • • • • 24.66 Firearms and weapons. See that title BLACK RACE DISCRIMINATION Human rights provisions .......................... 18.1 et seq. BLIGHTED AREAS Urban renewal, generally ......................... 0.1 etseq. BLIND PEDESTRIANS Pedestrians in general. See: Traffic BOARDS, COMMITTEES AND COMMISSIONS Administrative code ............................... 2-180 A seq. Administralve code. See that title Airport board of adjustment ........................... 448 Airportcommission .................................. 4.16 et seq. Airport commission. See that title I Supp. No. 22 2986.1 � ,moi IOWA CITY CODE BOARDS, COMMITTEES AND COMMISSIONS—ConVd. Section Airport zoning commission ............................ 4.77 Board of adjustment Zoning requirements ............................... 36.1 at seq. Zoning. See that Lille Budget and records .................................. 2.103 Bureau of fire prevention .......................... 1246 at Civil service commission .............................. seq. 2.111 Delegation of authority, construed .................. 1.2 Departments of city. See; Departments Electrical board ..................................... 11.26 et seq. Electrical board. See that title Historic preservation commission ...................... 27-83 et seq. Historic preservation. See that title Housing appeals board ............................. 17-8(g) at seq. Housing. See that title Human rights provisions ......................... I8-1 et seq. Iowa City broadband telecommunications commission 14.62 Broadband telecommunications. See: Fnnehises Joint authority, construed .......................... 1.2 Library board of trustees ......................... 20-16 at seq. Library. See that title Meetings ......................................... ........... 2-101 Membership, compensation, tenure .................. 2.100 r Parking systems division .......................... 23.264 Traffic. See that title Parks and recreation .............................. 26.16 et seq. Parks and recreation. See that title Personnel of city in general. See: Officers and Em. ployees Plan commission .................................. 27.16 at seq. Plan commission. See that title Plumbing board of examiners ..................... 28.18 Plumbing board of examiners. See that title Resources conservation commission ................. 27-72 et seq, Resources conservation commission. See that title Senior center commission ......................... 26-60 at seq. Senior center commission. See that title Service .......................................... 2.102 BOATS Boat rentals ..................................... 26.3 Parks and recreation. See that title Iowa River regulations ........................... 24.78 et seq, Iowa River. See that title Noise regulated; specific activities prohibited Motorboat repairs and testing • • ...................... 24.4.4(c) Supp. No. 23 2886.2 i �~ CODE INDEX .I BOILERS AND FURNACES Section Mechanical code ................................... B-44 et eeq. Mechanical code. See that title BONDS Broadband telecommunications franchise, bond re- quirement .................................... 14-76 et seq. Franchisee. See that title Cityclerk ........................................ 2.76 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code BOUNDARIES Zoning requirements .............................. 36.1 et seq. Zoning. See that title BOWIE KNIVES Concealed weapons, carrying ....................... 24.88 Firearms and weapons. See that title BRASS KNUCKLES Concealed weapons, carrying ...................... 24.66 Firearms and weapons. See that title BREASTS, FEMALE Indecent exposure and conduct ...................... 24•I14 BRIDGES Iowa River regulations ............................ 24-78 at eeq. Iowa River. Bea that Lille Parking in specified places prohibited .............. 23-236 at seq. Traffic. See that title BRIDLE PATHS Prohibited activities in parka, etc ................... 26.1 Parka and recreation. See that title BROADBAND TELECOMMUNICATIONS Franchise ........................................ 14.60 at seq. Franchisee. See that title BRUSH. See: Weeds and Brush BUDGET Boards and commissions ................. I......... 2.103 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code BUILDING CODE Adopted 8.16 .......................................... Amendments ...................................... 8.17 Supp. No. 23 2987 IOWA CITY CODE'f BUILDING CODE—Cant-d. Section Conflicting provisions ............................. 8.18 Dangtmus building code adoption and amendments ... 8.31 et seq. Electrical code Adopted, amendments, etc ........................ I1-4 ct seq. Electrical code. See that title Firezones ....................................... 8-19 Housing regulations ............................... 17-1 et seq. Housing. See that title Large scale developments .......................... 27.29 et seq. Planning. See that ittle Mechanical code ................................... 8-44 etseq. Mechanical code. See that title Minimum requirements ............................ 8.18 Plumbing code .................................... 28.2 at seq. Plumbing code. See that title BUILDING NUMBERING. See: House Numbering BUILDING OFFICIAL Amendments to building code ...................... 8-17 BUILDING PERMITS Certificate of structure compliance ................. 17.4(b) at aeq, Housing. See that title House movers' licenses and permits ................. 8-77 at seq. ' House movers. Sea that tille ..,_ Large sale developments .......................... 27.29 et seq. Planning. See that title New materials, processes, occupancies .............. 12.22 Fire prevention and protection. Set that title Rental permits .................................... 37.1(g) Housing. See that title Storm water runoff facilities ...................... 38.64 at seq. Water and sewers. See that title Subdivision regulations ........................... 82.1 at seq. Subdivisions. See that title Uniform building code amendments ................. 8.17 Water detention facilities, control structures, et...... 83.68 Water and sewers. See that title BUILDINGS (Generally) Airports, building construction ..................... 36.61 Alarm systema ...................................... 24.126 el seq. Alarm systema. See that title Animals tied, staked, tethered, hobbled, etc.......... 7.29(e) Animals and fowl. See that title City plaza, building regulations at .................. 9.1.1 at seq, City plaza, Seo also that title Supp. No, 23 2988 C5'9.s- I CODEINDEK CONTRACTS AND AGREEMENTS—Cont'd. Section Emergency fire protection ......................... 12-1 Mayor, powers .................................... 246 Opening of bids ................................... 2.204 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code CORPORATE SEAL. See: Seal CORPORATIONS Person construed re ............................... 1-2 COTTONWOOD TREES Nuisance trees .................................... 34.23 Forestry. See that title COUNSEL, LEGAL Legal department ................................. 2.6 COUNTY Defined .......................................... 1-2 COURT Mayor as chief city representative ................. 2.46 COWS, CATTLE '---'� Livestock running at large ......................... 7.6 Animals in general. Soo: Animals and Fowl CREDIT TRANSACTIONS Human rights provisions ........................... 18.1 et seq. CROSS -KNUCKLES Concealed weapons ................................ 24-66 Firearms and weapons. See that tido CROSSWALKS Designation ...................................... 23.142 Traffic. See that ti0a Parking in specified places prohibited .............. 23-235 et eeq, Traffic. See that title CROWDS Unlawful assemblies ....................... I....... 24-2 Assemblies. See that title CURB CUTS. See: Streets and Sidewalks CURB LOADING ZONES Parking in specified places prohibited ............... 23.235 et seq. Traffic. See that title Supp. Na 23 2997 �5S IOWA CITY CODE CURES AND GUTTERS Section Excavation requirements ........................... 81-21 at seq. Excavations. See that title CURFEW Emergencies ,,.+• Authority of mayor .............................. 24-23 Notice .......................................... 24-24 Minors ^' . Arrest, custody, investigation ................... 24-36 Employed minors, registration .................... 24.33 Established .................................... 24-82 Parent's or guardian's responsibility .............. 24-54 Prohibited activities in parka, eta ................... 26-1 Parke and recreation. See that title 842 D DAGGERS Concealed weapons, carrying ...................... 24-88 Firearms and weapons. See that title DAMS Deme not provided with a flebway or sereen ,,.+• Nuisance provisions .............................. 24-101(6) t DANCING AND DANCE HALLS ^' . Alcoholic beverage regulations ..................... 6.1 at seq. Alcoholic beverages. See that title DANGEROUS BUILDINGS Code Adopted ........................................ 8.81 Amendments .................................... 842 Generally. Seel Buildings . Housing regulations to ............................... 17.3 Notice of proposed orders affecting historic properties ....... 8.34,27-88 Urban renewal, generally ............................. 8.1 at seq. DEAL ANIMALS Nutsenm abatement regulations .................... 24-101 at seq. Nuisances. See that title DEFECATION Indecent exposure and conduct provision.......... 24-114(c) DEFINITIONS General definitions for interpreting code ............. 1.2 Supp. No. 29 2998 50, i MEN CODE INDEX I HEALTH AND SANITATION—Cont-d. Clearing of open property by city Sectioctio n ........... ..... Garbage and trash. See that title 1 j Garbage and trash, etc. ...................... Garbage and trash. Sea that tltie ...... 16- 1 at seq. ! 1 Generally, Chap, 16 (note,) i Nuisances ........................................ Nuisances. Sea that title 2d-101 et ceq, Pet Mimi regulated ......... ..................... Animals and fowl. Baa that tltie 7-I etseq. Water supply ..................................... Water and aewere. Sea that title 83-116 et seq. HEARINGS Adminlet"tlee code ............................... • Administrative coda Ssa that titin 2 -IB et seq. HEATING Mechanical rode ................................... Mechanical code. See B•dl el seq. that title Minimum stand"& for light4g, heading, etc....... Housing. See that title 17.5 et se q. HEDGES. See: Fenn, Wa4 Hedges and Enclosures HISTORIC PRESERVATION i Certificates ofappmpriatenew `✓ Applications for ........... Dangerous conditions. See also: Dangerous Buildings � � � • � � 27$7 Remedyof ........................................ Definitions ......................................... 2788 Enforcement 27.82 ....................... Historic districts • • • •'"""' 2780 Procedures for the designation of ...................... Historic preservation commission 27.86 Established; membership ........................... PPowe owers .......................................... 27.83 Rules of ............... 27.85 Purple and intent............ •..•.. •.. •...•.. •...•. 27-84 ....................... penalties 27-81 Zoning, title ........................... Zoning. Sec oleo that title 2790 Compatibility with existing zoning regulations .......... 2789 HOGS Swine running at largo ........................... Animals in general. See: Animals and Fowl 7.1 HOLIDAYS Computation of time re ........................... 1.2 Supp. No. 23 3016 z J 6� IOWA CITY CODE r y Section HORSE SHOWS Circuses, carnivals, en naRrtes, eta .. ... .... .... 6.16 et xq. Circuses• carnivals, menageries etc. See that title HORSES7.4 Livestock running at large .................• - • • •, • . Animals in general. See: Animals and Fowl 7-2 Overorking, overloading, overdriving, eta •••••••• w 26.1 Prohibited activities in parks, etc .................. Parke and recreation. See that title HOTEL AND MOTEL TAX 32.1.21 Established .................................. 32.1.22 Implementation ..................................... HOTELS AND MOTELS Hotel and motel tax. See that title 18.1 et seq. Human rights provisions .. 6 .................••••• 13.16 et seq. Restaurant regulations ............................ Restaurants. See that title HOT TUBS in Yards • • • •'"..... • 9668 Zoning, permittodobstruction Zoning. See that title HOUSE MOVERS Building permits building to lot ........... B-60 B&-0600 --- Prerequisite to moving Definitioas ............................. 861 DepositforexpensetocitY............••""'•""""' Deposita and fes Disposition ........ . .................. 0........ re moved building ............ 1863 1.6 Electrical code provision : 8.70 Enforcement ...................................... 8.63 Fees and deposits, disposition ........................ • • 862 Insurance .......................................... Licenses and permits 8.77 Limnse-requirod ............................ 0..... Permits 8.79 Application .......... I ..................... Building permit prerequisite to isstssn" 6...... 8.81 &BO Fees ......................................... 884 Issuance ....................................... 8.78 ... Required .................................... 882 Standards for issuance ............................ 8$6 Term, duration.......... •••""..."""•• Time limit on permanent installation .............. 6... 881 868 Lightrequired at night condition ofbuilding....... 869 Limitationsm to Lim, value and 889 Parking on etrcets................................... Supp. Na 23 3016 J Os� u CODEINDEE WATER CLOSETS Rowing regulations Rousing, See that dde WATERCOURSES Noiynce provisions re of 1mlin or dWRw stances thrown into ponds or re o Pools of ateter sub, Nuisance provisions OM" water from adleesnt Iaods ea4ring__.-__.._._..._._.._..___.._..___._..��_.... WATERCRApT Iowa Riva rall'i'U as Iowa BIT". Baa that dtA '""—'------ WATERWAY. Nuisance abatement segabtbns NuIsum. Sea that dde WEAPONS. See: Firyemg and W'espoes WEEDS AND BRUER Weed control City manager Weed official. See within this subtitle that subject Definitions.___.._-._.._.._...._....._.._.�.._..__.._..__.-_.. Emergeney control mamrn..__...�___ Enforamentofprovtsky _____---- Weed official- Bas within this subtitle that subject Natural areas Deailasted_.__,___.___......_.. Natural or conservation aro" Newly developed aye "••-•-- Public anways_..___.....__. Nuisces-_..-..-......_.._._._...._ Short dde_.._„__._ ..__.._..._. vlolatio ..._........_.._.._.._.. ne, notice ot..._..__.._.._.._..___._._..._-____...... Weed ottkW City manager, etc., designated as Enforcement of provisions generally Enforcement period; notice of Violation—.,— Interterenee with._.._,...__._._.._. _ _ violation, notice of. ..... ...... _............................ WELLS Private wells ....................__. Water systems In .........""""•.__.._.._.Bo_. fenaeal. flea: W�tee sed wen WINE AND BEER Alcoholic beverage regulations ................ Alcoholic beverage.. Bee that tills Drinking in public .................. .._. SUMNo. 23 ......._........................ 9077 Section 17.1 at seq. 21.101(10) 24101(8) 2478 at seq. 24-101 at seq. 81-70 8476 81-74 8t -74(b) 81-7s(d) &-74 81-78 88.69 8t-76 U-71 81.71 8l-76 8t-72 8476 6.1 et seq. 2s-61 58S IOWA CITY CODE i 16.60 WIRING Rection j Electricity (pnerally). Rea that title I WORDS AND PHRASES 17-6 i 1 General definitions for Interpreting code __--_...__ 1.2 WRECKS 3&I at req. Mayor as chid city repreae bstM 2.46 Traffic accidents _.—._........ �_._..__•_ 2348stseq. Traffic. See that title 1.2 WRITS. WARRANTS AND OTHER PROCERSI28 Computation of time ra _ _— . 14 Human rights complaint procedmaa ._----..__—._. 18.1 at seq. Haman rights. Rw that pits 3&68 WRITTEN. IN WRITING ' 36-66 et seq. • Defined ___.._.._..—._..._._._.. ---. 1.2 Y YARD WASTER Disposal ___—_.—._ 16.60 Garbage and trash. See that title YARDS AND OPEN SPACES Housing standards re light and ventilation----_.—.__......_ 17-6 Homing. See also that title ". Zoning requinmmts —_ 3&I at req. Zoning. See that title YEAR, MONTH Defined____._._.—__......._.___.___._»_... 1.2 Z ZONING Accessory use and building regulation _._...._.------- 36-67 Permitted accessory uses and buildings._._ 3&68 Additional regulattom_..___._»...�._..___.�__._.,_._»_»..._.._.. 36-66 et seq. Airport zoning.._................................:................................ 4.71 el seq. Airports and aircraft. See that title Airports, heliports and hell" Additional regulations, use and requirements »_-------- — 36-66 Alteration, structural 36-79 Supp. No. 23 8078 i CODE INDEX TONING—Cont-d. Density zones Section E14•12-1ow density mWtidemily residential mus. See within this title that subject RM-20—Medium density multifamily residential rose. See within this title that subject Development ID—Interim development mne. See within this title that subject Dimensional requirements Generalyardrequiremente .. ........................ Generally 96J37 ............... Height exceptions 36-86 ..........................•••.••. Obdructlow in girds, • • • . Y 3&70 ....' Perm(tted...................... Satbaelcs, established 96.68 Requiremeate sad exceptions for Zones,.................... dimensional requirementa for, Bee 36-69 within thL title various rosea m indexed Dog rens, permitted obstructions ........... Dogs or ca ............ 966cats Petanrequiremuts Drive• o Mere, addilioml regulations ................. Eldarlyhowing- additlonel regulations 37.86 .................. Enclosures 97.7 6t8) Fence and hedge requirements ....................... Enrorcement 3786 ...................:.... • • • • . • • . Extraction, additional regulations 96,84 ............. Fences and hedges .......... 3666(h) Permitted obstructions in yards ... ................... Requirements 3668 ................ Fire eecepw ...... "..... ...... • 3666 Permitted obstructions In yards ...................... Fire zones,. 3668 Moonshla and combustibles • ......."'•.•. 8.10 Storage sones ........, " .. ........................... Flood hoard overlay ronns 12.18 General ................... Floodplain overlay 36.31 zone regulations.... 1 ........ 1 Floodway overlay zone mgulatiow .... , ........ Pueldiapensing equipment ....... 3634 Permitted obstructions in yard , , , , , , , , , Funeral homes, additional regulations .............. ..... GenereleReelo(provisions............ 9666(1) General Industrial zone, See within this 3&3 title; 1.1— Induetrial Zono Generai Glare, performance standards .......................... 98.76 Supp. No. 23 3093 SupP. No. 23 3084 b?jr IOWA CITY CODE Section ZONING—Cont'd. Governmental Inde thio title that object P—Public one. See within Sea vrithin this title: I.2—Heavy In, Heavy industrial one. duatrial Zone Height3686 Fence andhadge re9ufromente,location andheight ....... 36-70 Haight eueptiom ................. ............... Bee vrtthu this title: Higb•riw multifamily residential tone. MultidamB7 Aaddentlal— jtM•SA6—Hi86.1Dw See vdihin tlda Ntle: CH-1way Highvral' cammemd w"°' Commercial Zone 27A1 et wq. Historic preservation ................................. See that title Historic Prewrvation. Hot tube••,,,, oba ruction in yard ................. 36 Permitted House moving reaulations ............................ _ 58 House moven. Sae that title I.1—Genenl industrial aooa 3626(e) Dimemioml requirements .............. ... • • • . Flooraroaretio,mssimumbuildingbulk............... �Oe) .••••.•• Height, maximum buildingbuik...................... 36.26(a) Intent ..................................... Lot area, dimensional roquireme arts ................... 3&26(e) _ el Lot mvemp, maximum building bulk ................. 36-56 Permitted accemwy uses and buildup. • ............... • 3&26(b) ... Permitted uses ............................. .... 3&26(c) Provisional uss................................. 3W Sign regulations by one ............................ . 3&26(d) Special esowtiod................................ 36.26(g) Special luovislom ...................... �......... 9&26(0) Yards, dimensional requirements ..................... . I.2—Heavy industrial one 3&27(e) Jill bvd ................ Buildin8 bulk, madman ........................... -ul gg.27(e) Di roquirements ..... d Floorereantlo, masimumbuildingbulk ..............• 36-27(0 General Provisiona .............. Height, maximum building bulk ...................... gg•27(a) Intent ............... ................. L,t area, dimensional ng bulk .... � ............ents Lotcoversp, maximumbu di3&27(e) SupP. No. 23 3084 b?jr CODE INDEX ZONING—Cont'd. Lot coverage, maximum building bulk Section ................. Permitted aaaeory was end buildings 36. .... I ........... Permitteduses ..................... 3656 I.... I......... Provisional uses........ 36-26(b) I .......................... Sign regulations by Zone 36.26(c) ........�........... ........ Special exceptions ......................... 3683 ........ Special provisions 36-63 ................. Yards, dimemionl •.•••.•.•..••.•. roquirament. 36.2Vg) ......I .............. Overlay mass 36.26(e) River corridor overlay (ORC) Zone ...... . ....... I ...... Planed development housing overlay (OPD.M Zone 3646 P—Publiczon ..... 3647 Dimensional requirement. .......... Floodplinovar gu .•.•••.•.••..••• FP)moero ishan 36.29(e) .............. Floodw uverl�U W Y( FtV)mne roguletioal 3883 .............. special exceptlas ........., 36.34 Nommnformingstructuree 3836 .........•.••..••.•..•.•. ......... ........ Variances ...................................... 3636 Genralprov4latu 36.37 ................................. Intent .......... 36.29(0 Overlay Zona Definition ..................................... Flood hazord overlay zones 9632 General ...................................... Permitted areae ............ 38.31 ........................ Provisional uses........... 38.29(b) Special exception.......... ••••..•.•••••.••.••.•.• M29(c) Special provt.ion..................................... 36.29(d) ................... Variances ............. 38.29(8) ... ........................ Perk 3637 ORP—Office and research park mn. See within this title that subject Parking 011=stroet puking re"Immenta ...................... matter SB 36-58Particulate Performance standards .......................... .. Performance standards 38.78 ........................................ GlGenerally are ...................... 98.76 ................. ..... Odor ............ 38.76 Particulate 4 matter, requirements. ................. ... Requirement. ..................................... 36.78 Screening 38.78 ............................:........... Sewage wastes 36.76 ............................. ....... Smoke, requirements 38.76 ............................... Storage .......................................... 3&76 36.76 Supp, No. 23 3087 I Sapp. No. 23 3088 sy� IOWA CITY CODE Section ZONING—ConVd- 36-76 Toxic matter ........................... .... .... 36-76 Vibration ................................... Permits Fence Permits ..................................... Permitted use; Zones, permitted uses for. San within this title various zones; as indexed 7.20 Pet animals, reQuinIMUnda ............................ 27-16 at seq. Plan commission .................................... Plan commission. See that title 36-47 Planned develoPmenthousingov"laY nae ............... Patches, balconim, docks and "PG. uncovered Permitted obstructions in Yard ....................... 3648 Principal miss and requirements ........... 365 at seq. Previsional miss I Zones, Provisional use for. Sea within this title various zones " indexed Provisions Amendment of PmvislOw ........................... 36418 Construction prim to Provision ......... -85 36NW4 Enforcement ......................... . 364 General effect of .................................... 36 .2 Name of ........................................ . from raped, other Provisions not Included Ordinances saved herein. Sea the Preliminary pages and the adopting ordimmm of this code 36.1 Purpose .......................................... Public man. Sea within this title: P—Public Zone . . I . . - . . .. . 36.1 ... .... Purpose .........1 .. . Religious imtlitu il-o;�, additional refful B tic ox title: ORP—OTJW and 36-156(m) Research park we,. Sao within this Research Park Zone Sapp. No. 23 3088 sy� L11 RESOLUTION NO. 8S-77 RESOLUTION AUTHORIZING ABANDONED BICYCLE SALE the pa WHEREAS, monhshstorredca nnumbermoftf the bicyclesCwhichfhaveabeenyabandonedIowa sbyutheir owners; and WHEREAS, the Police Department has made every effort to locate the owners of these bicycles and has been unsuccessful it its efforts; and WHEREAS, the total number of bicycles which have been accumulated have now become a storage problem, and the same are a burden on the City of Iowa City; and WHEREAS, it is in the public interest that said bicycles be sold at public auction to the highest bidders on April 28, 1985, beginning at 1:00 P.M. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Police Chief is hereby authorized and directed to sell the abandoned bicycles at public auction to the highest cash bidder therefore, and that Notice of said sale shall be published in the Iowa City Press -Citizen once each week for two consecutive weeks, the date of the last publication being no more than one week prior to the day of the sale. 2. That the proceeds from the sale of these bicycles shall be paid into the Public Safety Fund portion of the budget of the City of Iowa City, after first deducting therefrom the costs of the sale. It was moved by Strait , and seconded by Ambrisco that the Resolution asread be adopted,- and upon roll call there were: AYES NAYS ABSENT X Ambrisco X Baker X Dickson x Erdahl X McDonald X Strait X Zuber Passed and approved this 9th day of i1 ,1985. ATTEST: City Clerk ayAnr or tbiu Rocolvc0 R Appmved By T'i��� 1) rt -ant � ZT �y>' .J6� i RESOLUTION NO. 85-78 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AI40 ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MELROSE COURT ID 11OVEDIENT PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS, ETC., Oil FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 23rd day of April , 19 85, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection It was moved by Strait and seconded by Ambrisco that the resolution as read be adopted, a� upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco x Baker x Dickson x Erdahl x_ McDonald X Strait Zuber Passed and approved this 9th day of April 19 85. j MAYOR i ved ` ATTEST: 2,A, \1 C C R ( Received & APPro tec,I De a mens ;;.� TI,a �• �j Br RESOLUTION NO. 85-79 RESOLUTION SETTING A PUBLIC HEARING ON THE CITY OF IOIIA CITY'S FY86 STATE TRANSIT ASSISTANCE APPLICATION. WHEREAS, the City of Iowa City intends to file an FY86 application with the Iowa Department of Transportation for State Transit Financial Assis- tance, and WHEREAS, interested citizens should be provided an opportunity to review and comment on this application, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That a public hearing on said application be held at 7:30 PM on May 21, 1985, in the Council Chambers of the Iowa City Civic Center; and 2. That the City Clerk is hereby authorized and directed to publish a notice of said public hearing in a newspaper, published at least once weekly and having general circulation in the City, more than thirty (30) days before said hearing; and 3. That the City is hereby authorized and directed to place on file for public inspection by April 8, 1985, the City of Iowa City's State Transit Assistance application for FY86. It was moved by Strait and seconded by Ambrisco the Resolution be adopted, and upon roil call there were: AYES: NAYS: ABSENT: x _ Ambrisco R Baker X Dickson g Erdahl x_ McDonald X Strait x_ Zuber Passed and approved this 9th dRy of April , 1985. ATTEST: Kacel%sd L': Appluvcr. B7 'ins 1490 Dcperlmarl R7, RESOLUTION NO. 85-80 RESOLUTIO14 AUTHORIZING CONVEYANCE OF A PORTION OF MORMON TREK BOULEVARD RIGHT-OF-WAY NEAR PLAEN VIEW DRIVE AND THE IOWA CITY CORPORATE LIMITS. WHEREAS, the City of Iowa City vacated a portion of the Mormon Trek Boulevard right-of-way as shown on Exhibit A and Exhibit B attached, at the request of Dynevor Inc.; and WHEREAS, Dynevor Inc. and the City of Iowa City are the only abutting property owners of these parcels; and WHEREAS, Dynevor Inc., in a letter dated February 26, 1985, has requested the conveyance of said right-of-way shown in Exhibit A and Exhibit B to Dynevor Inc. for a sum of $2,730.00; and WHEREAS, the Department of Public Works and the Department of Planning and Program Development have reviewed the requested conveyance and find no reason not to dispose of the vacated right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the City agrees to convey the above-described property to Dynevor Inc. for two thousand seven hundred thirty dollars ($2,730.00). 2. That the Mayor is authorized to sign and the City Clerk to attest a quit claim deed conveying said property to Dynevor Inc. It was moved by - Dickson and seconded by Ambrisco the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco -T— Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 9th da of Al2ri1 1985. ATTEST: j CIl`Y CER R:!crtfved & Approved 84 'rir, toga! Dopartrnent �/G v ® 0,4ou1Pa I.. ...... k"", l certify that during the month of Aly. IM. at the direction of Deorga t. •j Q [o-a[mo-a [o- VE., u[o-uD tr Nagle of Dynevar• Inc., s survey was made under my supervision of all that e wI[n, w.Is1. portion of the Right -of -Nay of Norman Trek Boulevard between Ce: brlana ♦, /� OIP ..,J ...r.[.o) a ¢ weY[m[Y,en mal Station 5122.25 and Centerline Station 5130.00, which Is bounded on the r 4r.lr IV. r4- ./u ca Northeast by the present Right -of -Way line at ll Norman Trek Bvs aulerd, and e +1' /II'•"-'•'^'"'•""n� on the Southwest by •lane. line. 4 4a feet normally manend/d/ or Solidly distant JA —t— mw[nn/w sac,.,, Northeasterly of, and parallel and/or concentric with the centerline of meld a.•" ; /----w¢IP uwS —•fo— Manan trek Boulevard, and which Donlon Is more particularly described u / 'noeaan uaa follows: .~. r.! / f—.— ¢•nun m V nn un d r[wtt m•.[. ,,. • / Northeast[ at an Iron Right-Pwith Tablet, found at ■ polo[ 0n the •'� `m `["1i 1°"•" Northeasterly o Norman Right -eat -May Iles of Ninon Trek Boulevard, which L e0 feet `tet In un, w.nm To n ¢m normally distant Northeasterly of Centerline Station 5123.00; Thence Iar k. '------'`L.us itma,.'..) 855.40.55•W, 2D feet, to s paint which Is 40 fest normally distant 1.1 moPVEo mrt•uo-r Northeasterly of sold Centerllna Station 5123.00; Thence N31•13'05'N, 25.00 F- ta aq In) m.wae onvolowa feet, to • point on the Northwesterly line of platted Grp Drive In accordance bCa WE. LIVES with the Plat of Subdivision Recorded In Plat Book 24, at Page 10, of the r,m�P. not ewius uta• Records of the Johnson County Recorder's Office and which point is 40 feet Q ,\ y` ei rH¢e• •m•m•m• oma cul. un[ normally distant Northeasterly at said Centerline of Nonan Trek Boulevard, J II "•! iy L.IIW tea WLIm. and Is the Point of Beginning; Thence N34.13'05 -W, 130.50 feet, toe polo[ -4 i rl I.L" [Pa l.w[n use which as 40 feet normally distant Northeasterly of Centerline P.C. Station ( I, Q p - cim,j2a [Pa woucle 5124.05.5; Thence Northeasterly, 401.1 feet along a line 40 feet radially I s0.[�,,- ar•,nm•m: [maw now, mmol distant Northeasterly of, and concentric with Bold Centerline, an s 2524.8 •• a• •1•b+_' `�! + I.e. "MIFMoTm[ foot radius curve, concave Northeasterly, whose 400.3 foot chord bears D eu.m• '. L1'\•' rd. rola w Im•¢R[P N29.20.20•w, to a point which Is 40 feet, radially distant Northeasterly of mai• +�+ + ..I. ro[n To IWn Centerline P.T. Station 5129.&3.0; Thence 1124-27135.10, 58,4 feet to an Iron •� �'[Y, I.M. mm wemusm RfgAt-of•Mey Pin with Teblat, found on said Northeasterly Right -of -May line of J ,� � -a 01.1Mast. w4- Norman Trek Boulevard, which Is 40 feet normally distant Northeasterly of + (1 -I=I.) '� 'a (. • Centerline Station 5130.00; 7benCa 330.25'60'8, along add Northeasterlyi V13 .Ia uwn wnu Right -of -Nay line, 397.40 feet• to an Iron Rlght-of-Nay Pin with Tablet found, 4 a[ ttftW va. iwnPmmax .c which is 115 feet Solidly dalton[ Norold Northerlyast of Centerline Station line, Y0 4•u. e C c,uun w n[r, Boa[[[ erVE•ns[ mm. 5120.30; Thence 323'13150•E, don[ Bold Northeasterly Rlfht-af-May line, n t 3 \ 283.93 feat; to a point on said Northwesterly Right -of -Way Line of Platted 0 ra Oran Drive; Thence 355.43155•X, 24.05 feet. sChe Point of Beginning. Said 77 f aevN*.« rt Bou rr e tract at land containsacracresu. Is 0.70 rmore or le, and suhlect to easements d 00 and � and restrictions of record. y7 M �✓ rid. WOdt I further certify that the Plat as shown A e correct representation of they J` survey and ell corners are marked as Indicated. pJIHT al Ec4[NYIJ4.4�•' J. yyJ 2� Robert 0. Nickelson Reg. No. 7035 Date �.�Subscribed to and aware before as this _day of 19 49 Q�i Notary Public. In and for the State of Iowa ��aR�. JUL 181984 MARIAN K. KARR CIN CLERK (3) N Be 1 certify that during the month of July. 1264, at the direction of George Nagle of Dynevor. Inc., a survey was made, under my npevision of A1l that portion of the Right-ofof Mormon Trek Boulevard between Centerline Station 5117.67.61 and Centerllne Station 5122.75, which Is bounded, on the Northeast by the present Right -of -May line of said Mormon Trek Boulevard, an 'NU ewe Pa -1 ti the Southwest by a line which Is 40 feet normally distant Northeasterly of, Q.GrLGato 17 Otl.l•,M. 1 I1 6w.iL po a ". JwuMu d ,( etrartxaa and parallel with said Centerline of Mormon Trek Boulevard. and on the South by the South line of the Northeast Quarter of the Northwest Quarter of Section / 20, Township 79 North, Range 6 West of the 6th. Principal Meridian. Which portion Is more particularly described as follows: Cast" s .,Its G aTJIIIIPK tPKt town ® tmuslaa test Kls'.1wo tmtwo.m taw., ratan Imola. • motel amt., Imam i JIM .-,. n..we) 41 o Postl, Cowes wl Ss/s•.W 11. *a. .L11 a. u t.,R.n V. •oiiwl IIKL i — — wrtla LIK, llwM wl Laws 4—•— nntealKs Iona mans.1 ran taw. In Itwb Pet"K In IIKs, Ilrtl10 a n ata eavann lime (.n.. 1•n....I..) Commencing at an Iron Right -of -Nay Pin with Tablet, found at a point on the Northeasterly Right -of -May )Inc of Norman Trek Boulevard, which Is 60 feet \ normally distant Northeasterly of Centerline Station 5123.00; Thence / i 4s 44 S42.02'50'E, along said Northeasterly Right -of -Nay Ione, 25.24 feet, to the / / I Westerly Corner of Lot 49 of Ty'n Coe Subdivision Part 3, Iowa Clty, Iowa es / Recorded In Plat Book,24, at Page Ill, of the Records of the Johnson County I, Recorder's Office, which to the Point of Beginning; Thence S42.02'50•E, along _—���i•�;. said Northeasterly Right -of -Way line. 576.56 feet, to an Iron Right-of-way Pin ��' - r ' With Tablet found, which 1s 115 feet normally distant Northeasterly of '� ,.''•� i •rte / Centerline Station 5119.00; Thence S52.02'50'E, along said Norlheas terly line, 152.00 feet to an Iron Right-of-way Pin with Tablet found, .,� � L.,rt• ,- Right -of -Way which 1s 110 feet normally distant Northeasterly of Centerline Station 74 ,f - S25.55'20'E, along said Northeasterly Right-of-way line. ,.'an'..MI 5117.68.1; Thence 0.49 feet, to a point on the South line of the Northeast Quarter, of the lL• Northwest Quarter, of Section 20, Township 79 North. Range 6 West, Of the 5th. .gm'm. o-m.a Principal Xerldlan, which Is the Southwest Corner of Lot 41 of Bald Ty'n Coe X4`.41. ` t•• Subdivision. Port 5; Thence 1109-10-37"W. along Bald South line of the eat`• Northeast Quarter, of the Northwest Quarter, of Section 20, 85.42 feet, to e the Centerline of A' j ('. y palmi which Is 10 feet normally distant Northeasterly of rbc feet Mormon Trek Boulevard; Thence N54•13'05'w, 458.56 feet, to a point which is 40 7Tq feet normally distant Northeasterly of Centerllne Station 5122475; Thence N55.46'55'E, along the extended Southeasterly line of Gryn Drive 25.44 feet, ,..I — to the Point of Beginning. Said tract of land contains 0.60 acres more or %iwvtren^w A.uru Ww% uay.,elwva, u .2r len and is subject to the following described Drainagewey Easement and all CwK DOn K.1K other easements and restrictions of record. survey and all corners are marked as Indicated. 50 Foot wide Preina Poway Eetement Cast" s .,Its G aTJIIIIPK tPKt town ® tmuslaa test Kls'.1wo tmtwo.m taw., ratan Imola. • motel amt., Imam i JIM .-,. n..we) 41 o Postl, Cowes wl Ss/s•.W 11. *a. .L11 a. u t.,R.n V. •oiiwl IIKL i — — wrtla LIK, llwM wl Laws 4—•— nntealKs Iona mans.1 ran taw. In Itwb Pet"K In IIKs, Ilrtl10 a n ata eavann lime (.n.. 1•n....I..) v v w Commencing at an Iron Right -of -key Pin with Tablet found at a point on the \ Northeasterly Right -of -May line of Norman Trek Boulevard, which is 115 feet normally distant Northeasterly of Centerline Stet/on 5119.00; Thence S52102'50•E, along sold Northeasterly Right -of -Way line, 9.40 feet to a Pal pl Krmtxo olKnlmo[ on the Centerllne of the existing 50 Foot Nide Dralnagewoy Eaeoint, u IN) t Knosto nwntas .ma la IIKt R �, Recorded in Plat Book 24, at Page )B, of the Records of the Johnson County Necorder'a Office and which point Is the Point of Beginning on a 50 Foot Nide ,.'an'..MI min Law" lL• Dralorgeway Easement the Centerline of which beers S25.40'57'w, 88.15 feet, to .gm'm. o-m.a run tu t a mean a1uurn.64 a point which Is 40 feet normally distant Northeasterly of Centerline Station 1•IlP.ID .. mTann un m� B 19 5118.45.74. rbc feet tan C.11KIN «p,R� of the ,..I lurcher certify that the Plat a shown Is a correct representation a.berm• CwK DOn K.1K SANK• M/AF.tr�.// Ew, survey and all corners are marked as Indicated. r.c. tele min w aa.lat talo w Pa.wrll. CL GI. roan w Wrlwl Robert 0. Mickelson Reg. No. 7056 Dale I.ms, rem W KPnK of 1J tort worn mama 9.. 1r1.u.1 Subscribed to and sworn before me this _-day of 19 U Id LIK tatean 1. KL 0Matt .maw nn. aK a 1991 an ..R. w nn, ,n. mal 01K.0n num. Notary Public, in end for the Stets of Town v v w n I City of Iowa City MEMORANDUM Date: April 4, 1985 To: City Council From: Karin Franklin, Senior Planner Re: Mormon Trek Boulevard Right -of -Way Disposition The resolution included in the packet for the disposition of a portion of the Mormon Trek Boulevard right-of-way is based on the price offered by Dynevor Inc. of $2730 for 1.3 acres. This price reflects a recently calculated assessed value of $2100/acre which will become effective in 1986 for the payments due in September 1986 and March 1987. The current assessed value is $3000/acre payable in September 1985 and March 1986. Based on this value, the price of the 1.3 acres Dynevor Inc. wishes to acquire would be $3900. bc4 ,M, RESOLUTION NO. 85-81 RESOLUTION AUTHORIZING CONVEYANCE OF UNUSED HIGHWAY 1 WEST RIGHT-OF- WAY ABUTTING RUPPERT SUBDIVISION PART ONE AT 809 HIGHWAY 1 WEST. WHEREAS, the City of Iowa City did receive a patent from the State of Iowa for unused Highway 1 West right-of-way located adjacent to Ruppert Subdivi- sion Part I; and WHEREAS, a portion of said unused right-of-way is legally described as: Commencing at the Southeast Corner of the Southwest Quarter of Section 16, Township 79 North, Range 6 West, of the 5th Principal Meridian; thence IJ 00051'23" E (an assumed bearing), along the East line of said Southwest Quarter, 1657.17 feet, to a point on the Southerly right-of- way line of Iowa Primary Road No. 1; thence S 74057'52" W along said Southerly right-of-way line, 62.38 feet, to the Point of Beginning; thence S 74057'52" W, along said Southerly right-of-way line, 474.28 feet; thence Northeasterly 361.61 feet along a 2727.58 foot radius curve concave Southeasterly, whose 361.35 foot chord bears M 70046'39" E; thence N 74034'32" E, 94.96 feet; thence Southeasterly 37.10 feet along a 20.00 foot radius curve concave Southwesterly, whose 32.00 foot chord bears S 52017103" E; thence S 00051'23" W, 1.61 feet, to the Point of Beginning. Said tract of land contains 9188 square feet more or less and is subject to easements as provided in Iowa Code (1983) Sec. 306.22, and conditions contained in Iowa Code Sec. 306.24. WHEREAS, Marvin D. and Verna M. Hartwig, contract buyers of Ruppert Subdivi- sion Part I, which abuts said property, have submitted a Formal Offer to purchase said property for two thousand four hundred eleven and 85/100 dollars ($2,411.85), which Offer is subject to certain conditions; and WHEREAS, after publication of notice as required by law, a public hearing on the proposed conveyance was held by the City Council on the 9th day of April, 1985, at the Council Chambers, Civic Center, 410 E. Washington St., Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the City agrees to accept the Offer for the above-described property from Marvin D. and Verna M. Hartwig for two thousand four hundred eleven and 850idollathe rs that the terms t he Offer requiring that provide generalwarrantyded and an abstract be deleted. 2. That the Mayor is authorized to sign and the City Clerk to attest the Offer as modified in accordance with paragraph 1, a deed without war- ranty, and such other instruments as the City's Legal Department may approve to convey said property to Marvin D. and Verna M. Hartwig. 619 i Resolution No. RS-Rl Page 2 It was moved by Zuber and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 9th da of Anril 1985. ATTEST: %y/� �� �{! CIT CLERK Rau tvod 11, Approved JB She Leylal Ve,urtment ,� `F S d•JJ i M lak City of Iowa City MEMORANDUM Date: April 4, 1985 To: City Council From: Marianne Milkman, Associate Planner Vq Re: Disposal of Highway 1 West Right -of -Way to Mary Hartwig Inc. The City has received a patent from the State of Iowa for Highway. 1 West right-of-way adjacent to Part I, Ruppert Subdivision. A map, included in the Council packet for April 2, 1985, showed the portion of this right-of-way to be used for construction of a frontage road, as well as the excess right-of-way (9,188 square feet) to be conveyed to Mary Hartwig Inc. The farm land adjacent to the right-of-way is currently assessed at $865.07/acre or 2 cents/square foot. in 1979 the Iowa Department of Trans- portation purchased property including this excess right-of-way for $11,433.60/acre or 26.25 cents/foot. Using this figure, the value of the excess right-of-way to be conveyed is $2,411.85. A purchase offer of $2,411.85 has been received from Mr. Hartwig. bj4/6 610 ULE APR '+;985 DWA QTY OFFCE:PS 33+600 K� OFRCE: P,91836-29,6 LONE TREE OF : P,9" e2G-15 0 CITY CLERK ""LS mom` PS) 879 � HONOHAN, EPLEY, HAYMOND 6 8RA000CK I ATTORNEYS AT LAW 1 — JAY H FiONOHMI LLOYD A EPIFY 330 EA COLXiT STREET I 6l+RY L H YM P.O. EOX 30,o i MALiifJE 0. fiRAODOCK IOWA QTY. pWA 5ffi4O 1 April 4, 1985 t i I i Honorable Mayor S City Council I City of Iowa City Iowa City, IA 52240 Re: Gordon Russell Rezoning Izzak Walton Dear Mayor and Council: I have discussed this matter at length with the City Attorney and members of the City staff. A new law to be effective July 1, 1985 would clearly allow the City and my client to enter into an agreement relating to the zoning back of the western portion of the property. My client is willing to have the eastern portion of the property rezoned at this time and to defer the western portion until after July 1, 1985 in order to allow us to enter into an agreement that will rezone the property back to the higher classification once the sand and gravel operation is terminated and the land filled. Between now and July 1, 1985 we could prepare and finalize the agreement. With this in mind, I would also like to request that the ordinance rezoning the eastern part of the real estate be given its three readings at the meeting of April 9, 1985. This request is made because of the delay since the council did not meet for its regular meeting in the last half of March and further because my client needs to begin as quickly as possible to excavate to fulfill a contract with the University of Iowa to construct a facility. Very truly yours, i { HONOHAN, EPLEY, HAYMOND 6 BRADDOCK ?gH. oHonohn JHH/rkw i I cc: Gordon Russell Donald Scheismer Marianne Milkman Robert W. Jansen 619 RESOLUTION NO. 85-82 DEVELOPMENT RESOLUTIONG TH CAE, PART I4, Y PLAT AARSUBDIVISIOIN OF PLANNED IOWA JOHNSON COUNTY, IOWA. WHEREAS, the miner and proprietor, Dynevor, Inc., has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat and planned development housing plan of Ty'n Cae, Part 4 , a subdivision of Iowa City in Johnson County, Iowa which is legally described on Exhibit A attached; and WHEREAS, the Department of Planning and Program Development and the Public Works Department examined proposed preliminary and planned development housing planand hae recommended approval of same; d WHEREAS, the preliminary plat and planned development housing plan have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that they be accepted and approved; and WHEREAS, the preliminary plat and planned development housing plan are found to conform with all of the requirements of the 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 plat and planned development housing plan of Ty'n Cae, Part 4, a subdivision of the City of Iowa City, is hereby approved. 2. That the Mayor and the City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify approval of this resolution, which shall be affixed to the preliminary plat and planned development housing plan after passage and approval by law. It was moved by Ambrisco and seconded by Dickson _ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 9th day of April 1985. YR .00tvad a Approved 1 ATTEST:%1e— �y Tis legal Dopa nt CI C ER G'z3 EXHIBIT A Ty'n Cae, Part Four LEGAL DESCRIPTION A resubdivision of Lots 96A. 96B, 96C, 960, 96E. 97 and 98. of Ty'n Cee Subdivision Part 3, as shown on the Final Plat, P.A.D. and L.S.R.D. Plan recorded in Plat Book 24, at Page 18, of the Records of the Johnson County Recorder's Office, and a portion of the adjacent excess Right -of -Way of Mormon Trek Boulevard. Said excess Right -of -Way being more particularly described as follows: All that portion of the Right -of -Way of Mormon Trek Boulevard between Centerllne Station 5123+25 and Centerline Station 5130+00, which is bounded on the Northeast by the present Right - of -Way line of said Mormon Trek Boulevard, and on the Southwest by a line, 40 feet normally and/or radially distant Northeasterly of, and parallel and/or concentric with the centerline of said Mormon Trek Boulevard, and which portion is more particularly i described as follows: Commencing at an Iron Right -of -Way Pin with Tablet. found at a point on the Northeasterly Right -of -Way line of Mormon Trek Boulevard, which is 60 feet normally distant Northeasterly of Centerline Station 5123+00; Thence S55046'55"W, 20 feet, to a point which is 40 feet normally distant Northeasterly of said Centerline Station 5123+00; Thence N34°13'05"W, 25.00 feet, to a point on the Northwesterly line of platted Gryn Drive in accordance with the Plat of Subdivision Recorded in Plat Book 24. at Page 18, of the Records of the Johnson County Recorder's office and which point is 40 feet normally distant Northeasterly of said Centerline of Mormon Trek Boulevard, and is the Point of Beginning: Thence. N34"13'05"W, 130.60 feet, to a point which is 40 feet normally distant Northeasterly of Centerline P.C. Station 5124+55.6; Thence Northeasterly, 481.1 feet along a line 40 feet radially distant Northeasterly of, and concentric with said Centerline, on a 2824.8 foot radius curve, concave Northeasterly. whose 480.5 foot chord bears N29020'20"W, to a point which is 40 feet, radially distant Northeasterly of Centerline P.T. Station 5129+43.6; Thence N24027'35"W, 56.4 feet to an Iron Right -of -Way Pin with Tablet, found on said Northeasterly Right -of -Way line of Mormon Trek Boulevard, which 1s 40 feet normally distant Northeasterly of Centerline Station 5130+00; Thence S38426150"E, along said Northeasterly Right -of -Way line, 387.40 feet, to an •Iran Right -of -Way Pin with Tablet found, which is 115 feet radially distant Northeasterly of Centerline Station 5126+10; Thence 523'13'50"E, along said Northeasterly Right -of -Nay line, 283,93 feet, to a point on said Northwesterly Right -of -Way Line of Platted Gryn Drive; Thence S55046'55"W. 24.85 feet, to the Point of Beginning. Said tract of land contains 0.70 acres more or less, and Is subject to easements and restrictions of record. Said tracts of land containing 3.93 acres more or less, and are subject to easements and restrictions of record. RESOLUTION NO. 85-83 RESOLUTION APPROVING THE FINAL PLAT OF RUPPERT SUBDIVISION, PART ONE, AND THE FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN OF MHI AUTO CENTER. WHEREAS, the owners, Charles W. Ruppert and Marie Ruppert, Cleldon F. Ruppert and Betty C. Ruppert, Richard H. Ruppert, Herman G. Ruppert and Betty Lou Ruppert, Katherine C. Hogan and Eugene Hogan, Rosamond V. Cooper and Dean Cooper, Robert L. Ruppert and Maxine Ruppert, and contract buyers, Marvin D. and Verna D. Hartwig, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat for Ruppert Subdivision, Part One, located on real estate in Iowa City, Johnson County, Iowa, as described in Exhibit A which is attached to this resolu- tion and hereby made a part thereof; and the contract buyers, Marvin D. and Verna M. Hartwig, have filed with the City Clerk an application for approval of the final Large Scale Non -Residential Development plan for MHI Auto Center, on said real estate; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed final plan and final plat and have recommended approval of same with a waiver of sidewalk requirements, and subject to rezoning of the property to CI -1 and pending resolution of the frontage road issue; and WHEREAS, the final plan and final plat have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recom- mended that they be accepted and approved subject to the waiver and conditions of the staff recommendation; and WHEREAS, the property has been rezoned to CI -1; and WHEREAS, the Iowa Department of Transportation has vacated and disposed of a portion of the Highway 1 West right-of-way; and WHEREAS, MHI Auto Center will construct a frontage road to be dedicated to the City of Iowa City; and WHEREAS, the City of Iowa City has agreed to convey excess Highway 1 right-of-way to Marvin D. and Verna M. Hartwig in accordance with the dimensions shown on the final plan and final plat; and WHEREAS, the conditions described above having been satisfied, the final plan and plat are found to conform with all of the requirements of the 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 final plat of Ruppert Subdivision, Part One, and the final Large Scale Non -Residential Development plan of MHI Auto Center are hereby approved. 6ax- 2 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute any legal documents relating to said subdivision or plan, and to certify this resolution which shall be affixed to the plat and plan after passage and approval by law. The owners shall be responsible for recording at the office of the County Recorder of Johnson County, Iowa, copies of the plat, plan and resolution along with all legal documents required pursuant to the provisions of Chapter 409 of the Code of Iowa and Chapter 32 of the Iowa City Code of Ordinances, and returning a copy of such recorded documents to the office of the City Clerk before the issuance of any i building permit is authorized. It was moved by Ambrisco and seconded by Strait the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDANL X MCOONALD X STRAIT X ZU BE R Passed and approved this 9th day of April _, 1985. MAYOR ATTEST: v1 -,g AA Received 6 Approve:' By The Local Do artment -45 4 r Kl 4a�- EXHIBIT A RUPPERT SUBDIVISION, PART ONE, IOWA CITY, IOWA Commencing at the Southeast Corner, of the Southwest Quarter of Sec- tion 16, Township 79 North, Range 6 West of the 5th. Principal Meri- dian; Thence N00051'23"E, (An Assumed Bearing), along the East line of said Southwest Quarter, 1657.17 feet to a point on the original Southerly Right -of -Way Line of Iowa Primary Road No. 1; Thence S74°57'52"W, along said Southerly Right -of -Way line, 62.38 feet to a point which is 60.00 feet normally distant West of said East line of the Southwest Quarter of Section 16 and which point is also the Point of Beginning; Thence S00051'23"W, 616.61 feet; Thence N89"OB' 37"W, 503.31 feet; Thence N00051'23"E, 465.33 feet; Thence North- easterly 413.31 feet, along a 2727.58 foot radius curve, concave Southeasterly, whose 413.02 foot chord bears N70°14'01"E; Thence N74°34'32"E, 94.96 feet; Thence Southeasterly 37.10 feet along a 20.00 foot radius curve, concave Southwesterly whose 32.00 foot chord bears S52017'03"E; Thence S00051'23"W, 1.61 feet, to the Point of Beginning. Said tract of land contains 6.50 acres more or less and is subject to easements and restrictions of record. 4pv?� RESOLUTION NO. 85-84 RESOLUTION TO DISPOSE OF A PORTION OF THE PERMANENT FLOWAGE EASEMENT FOR THE RALSTON CREEK NORTH BRANCH DETENTION BASIN LOCATED IN FIRST AND ROCHESTER SUBDIVISION, PART ONE, WHEREAS, in conjunction with the Ralston Creek North Branch Detention Basin Project, the City of Iowa City and Plum Grove Acres, Inc., entered into an agreement on July 12, 1982, concerning permanent and temporary flowage easements in what is now a subdivision known as First and Rochester, Part One; said agreement being recorded in Book 624, pages 6-10 in the Johnson County Recorder's office, and WHEREAS, because of a change in the location of a roadway across the deten- tion basin, a certain portion of the permanent flowage easement, legally described below, is no longer necessary; and WHEREAS, Plum Grove Acres, Inc. has agreed to compensate the City of Iowa City for said portion of the flowage easement by providing equivalent storm sewer storage capacity in the floodway. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, THAT: 1. The city hereby releases a portion of the permanent flowage easement recorded in Book 624, pages 6-10 in the Johnson County Recorder's Office, which portion is legally described below: Commencing at the northwest corner of Section 12, Township 79 North, Range 6 West of the 5th Principal Meridian; thence south 00002126" west, 90.00 feet; thence north 89023'13" east, 300.00 feet to the Point of Beginning; thence north 50021'36" east, 142.92 feet; thence north 89023'13" east, 40.00 feet; thence south 30036'47" east, 103.92 feet; thence south 89023'13" west, 202.99 feet to the Point of Beginning. Said contract contains 0.251 acres more or less. 2. The Mayor and the City Clerk are hereby authorized to execute and deliver the Permanent Flowage Easement Vacation Agreement, attached hereto and incorporated by reference herein, with Plum Grove Acres, Inc., providing for stormwater storage in the floodway equivalent to the storawater storage volume in the portion of the permanent flowage easement released hereunder. 3. The Mayor and the City Clerk are hereby authorized to execute and deliver to Plum Grove Acres, Inc. a quit claim deed to the above-described property. 4. 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 Agreement and Plum Grove Acres, Inc, shall record them at the office of the County Recorder of Johnson County, Iowa. 60?5 i a Resolution No. 8S-84 Page 2 It was moved by Dickson and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: (JAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 9th day of Aaril , 1985. ATTEST: Anrnfv.C1 $ Approved [anal Deparfroonf AGREEMENT RELATING TO PARTIAL RELEASE OF PERMANENT FLOWAGE EASEMENT WHEREAS, The City of Iowa City, Iowa, has previously ob- tained a permanent flowage easement for flood control purposes, and acquired certain flowage easement rights over real property belonging to Plum Grove Acres, Inc., which easement is shown by the Permanent Flowage Easement and Temporary Flowage Easement Agreement dated July 12, 1962 and recorded July 14, 1992 in Book 624, page 6, Records of Johnson County, Iowa; and WHEREAS, at the time that said permanent flowage easement was obtained, it was understood by both parties to the agree- ment that a portion of said permanent easement area was to be occupied by fill materials placed to provide First Avenue a crossing over the Northeast Branch of Ralston Creek; and WHEREAS, the alignment of First Avenue was shifted wester- ly from the alignment proposed for First Avenue at the time that said permanent flowage easement was obtained from the Plum Grove Acres, Inc. thus negating the intended use for a portion of said permanent flowage easement. NOW, THEREFORE, BE IT AGREED AS FOLLOWS: THE UNDERSIGNED, City of Iowa City, Iowa, hereinafter called the City, hereby agrees to release and quit claim to Plum Grove Acres, Inc. that portion of the permanent flowage easement over Plum Grove Acres, Inc. real property in Johnson County, Iowa City, Iowa, which is described in Exhibit "A" attached hereto and incorporated by reference herein, all in consideration for the terms and conditions contained herein: A. Removal and Relocation of Dirt. 1. Plum Grove Acres, Inc. agrees to remove sufficient fill from the remainder of the permanent flowage easement to provide compensating storage volume for the volume displaced when the area described in Ex- hibit "A" is filled with dirt to elevation 701 m. s. 1. Subsequent to said removal and relocation of fill, Plum Grove Acres, Inc. agrees to grade and seed the permanent flowage easement area and to provide for gradual and uniform slope to Ralston Creek channel, said slope having a ratio no greater than 4:1. B. General. Plum Grove Acres, Inc. shall retain all rights to the use of the above-described real property for any law- ful purpose. The restrictions imposed on the above- described real property as a result of the agreement under which said permanent flowage easement was first obtained shall be declared null and void as to the above-described real estate. The provisions hereof shall be bindinq upon the heirs, successors and assigns of the parties hereto, and the terms and conditions set forth herein shall constitute covenants running with the land. 64;s -z - DATED this 9th day of April, 1985. /i(4_ x. R �Crirtn% Ma ian K. Karr, City Clerk STATE OF IOWA SS: JOHNSON COUNTY FOR PLUM GROVE ACRES, INC.: vGLLIJ L ruce R. Glasgow, P. sident Frank Boyd, Vice Pres dent and Secretary On this .�_ day of April, 1985, before me, the under- signed, a Notary Public in and for the State of Iowa, person- ally appeared Bruce R. Glasgow and Frank Boyd, to me personally known, who being by me duly sworn, did sav that they are the President and Vice President and Secretary, respectively, of said corporation executing the within and foregoing instrument; that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Bruce R. Glasgow and Frank Boyd, as such officers acknowledged the exe- cution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ' '�� No ry Public in and for the ,State of Iowa. STATE OF IOWA ) SS: JOHNSON COUNTY ) I On this � day of April, 1985, before me, the under- signed, a Notary Public in and for the State of Iowa, person- ally appeared John McDonald and Marian K. Karr, to me person- ally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal cor- poration executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corpo- ration; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said John McDonald and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. 03/18-01-37 Notary Pubyic in and for the State of Iowa. ReceFiad 84 Apnrvt% �RS i 1 V SCALE: III d 100' 89'23'19"E 40.00' NW COR. SEC 12 -TT9N-t}feWr 5♦u P.M. �50002'2b'W 90.00' POINT OP BEGINNING I certify that during the month of October, 1984, at the direction of Bruce Glasgow, a survey was made, under my supervision, of the tract of land patted hereon and the boundaries of said tract are as follows: Commencing at the Northwest Corner of Section 12, Township 79 North, Range a West of the 5th. Principal Meridian; Thence S0002'28"X, 90.00 feet; Thence N89023'13"E, 300.00 feet to the Point of Beginning; Thence NSO'21138"E, 142.92 feet; Thence N89023113"E, 40.00 feet; Thence S30038147"E, 103.92 feet; Thence S89023'13"W, 202.99 feet to the Point of Beginning. Said tract contains 0.251 acres more or less. I further certify that the Plat as shown is a correct representation of the survey and all corners are marked as indicated. Robert D. Mickelson eg. No. 7038 Date Subscribed�and^aw`o n to before me this AL day pf O / U 19 1 NotnryPublic, in and for thVState of Iowa Seer enrrrm Inn mac...... RI'r'tnBRUCE GLASGOW "Tae, PLUM GROVE ACRES, INC, d Br aOPnrn Tent C'rno MMSO-:' VACATED PERMANENT STORMWATER STORAGE EASEM •Pr'penT C'rno fORne MM Tthe 0S/B i10-Imn Pn v"k COP ULTAfV TS Pmp.I APORTION OFTNE NW I/65EC. 12-T 79N-R6W LS C'P Su IOWA CITY, IOWA L. T1111TiaP.M.'—r—EdA11n0 FInC1 OF TyE P.� _ Dvn .i.^ Chkc-ma JAPP I 11F.B. 15CO11 1" • 100' 1 Del' 10.19.84 B'r PrPI. Nn 101-0192 EXHIBIT "A" �, 7.50' I I RESOLUTION NO. 85-85 RESOLUTION ADOPTING THE URBAN ENVIRONMENT POLICIES AS AN ADDENDUM TO THE 1983 COMPREHENSIVE PLAN UPDATE. WHEREAS, the Iowa City 1983 Comprehensive Plan Update is a statement of the goals and policies of the community; and WHEREAS, the City Council directed the Urban Environment Ad Hoc Committee to recommend to the Council policies for protecting fragile areas and historic sites, as well as any other policies relating to the urban environment; and WHEREAS, the Planning and Zoning Commission and the City Council have held public meetings to receive citizen comments on the Urban Environment Policies recommended by the Urban Environment Ad Hoc Committee; and WHEREAS, these bodies have found that the Urban Environment Policies are an addition to the goals and policies of the Comprehensive Plan which reflect the desires of the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Urban Environment Policies be adopted as an addendum to the 1983 Comprehensive Plan Update. 2. These policies shall be part of the development policy of the City of Iowa City in the context of the broad goals and objectives of the 1978 Comprehensive Plan and the 1983 Comprehensive Plan Update. It was moved by Dickson and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 9th)AYAR—��� of April 1985. ATTEST: 7L 7eAA TITY CLERK RP.ralvM & Approved �S'r ;��� i,a�mi F.r �at4meir 626 ,, 0 RESOLUTION NO. 85-86 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF BURKLEY SUBDIVISION, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA WHEREAS, the owner and proprietor, Dean Oakes, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final plats of Burkley Subdivision, a subdivision of Iowa City in Johnson County, Iowa, which is legally described as follows: Commencing at the Northeast Corner of the Southeast Quarter of Section 15, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence S90000'00"W, 208.30 feet; Thence S01045'11"W, 35.01 feet to a pin found at the intersection of the South line of Kirkwood Avenue, and the East Line of Marcy Street in Iowa City, Iowa, which is the Northwest Corner of Lot 5, all in accordance with a Plat of Survey as Recorded in Plat Book 2, Page 36, Johnson County Recorder's Office, Johnson County, Iowa, said corner of Lot 5 being the Point of Beginning; Thence N90000'00"E, (An Assumed Bearing for the purpose of this Description) along the South Line of said Kirkwood Avenue, 246.01 feet, to the East face of a Brick Column; Thence S1045'11"W, parallel with said Marcy Street, 463.05 feet to a found Pipe; Thence N90000'00"W, 39.34 feet to a found pin; Thence N2024'00"E, 28.95 feet; Thence N90000'00"W, 17.00 feet; Thence N1045'11"E, 120.00 feet; Thence N90000'00"W, 90.00 feet; Thence N1045111"E, 120.50 feet; Thence N90000'00"W, 100.00 feet to a found Pipe on the East Line of said Marcy Street; Thence N1045'11"E, along the East Line of said Marcy Street, 193.61 feet to the Point of Beginning. Said tract of land contains 1.68 acres more or less, and subject to easements and restrictions of record. I WHEREAS, the Department of Planning and Program Development and the Public f Works Department have examined the proposed preliminary and final plats of said subdivision and have recommended approval of same; and j WHEREAS, the preliminary and final plats of said subdivision have been i examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that they be accepted and approved; and WHEREAS, the preliminary and final plats are found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF I014A CITY, IOWA: 1. That the preliminary and final plats of Burkley Subdivision, a subdivision of the City of Iowa City, is hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute any legal documents relating to said subdivision and to certify the approval of this Resolution, which shall be affixed to the preliminary and final plats after passage and approval by law; and the owner/subdivider shall record the legal documents and final plat at the Office of the County Recorder of Johnson County, Iowa, before the issuance of any building permits is authorized. Gaff i i i I I It was moved by Ambrisco and seconded by Zuber the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco R Baker Dickson X Erdahl �— McDonald X Strait X Zuber Passed and approved this 9th day of April 1985. ATTEST: Received & Approved 8y Th: legal Dopactmont 14 { / �.. (v a,7 �0 i C1/:lUMTO 111 l To: Planning & Zoning Commission Prepared by: Marianne Milkman Item: S-8502. Berkley Subdivision Date: February 21, 1985 Preliminary and Final Plats GENERAL INFORMATION Applicant: Dean Oakes Requested action: Purpose: Location: Size: Comprehensive Plan update: Existing land use and zoning: Surrounding land use and zoning Applicable regulations: 45 -day limitation period: 60 -day limitation period: ADDITIONAL INFORMATION Public utilities: Public services: Transportation: Physical characteristics: P.O. Box 1465 Iowa City, Iowa 52244 Approval of preliminary and final subdivision plats. Development of four single family lots. Southeast corner of Kirkwood Avenue and Marcy Street. 1.68 acres. Residential, 2-8 DU/acre. Religious institution; RS -5. North - single family residen- tial; RS -5. East - single family residen- tial; RS -5. South - single family residen- tial; RS -5. West - single family residen- tial; RS -5. Provisions of the Subdivision Code. March 25, 1985 April 9, 1985 Water and sanitary sewer service are available. Municipal police and fire protection are provided. Access is from Kirkwood Avenue and Marcy Street. Relatively flat terrain with many large trees. i 2 ANALYSIS This request is for a minor subdivision involving no streets; streets, sidewalks and utilities are already in place. Storm water management is not required since the subdivision is less than two acres in size. An erosion control plan is also not required since improvements such as streets and sanitary sewer are already in place. Both preliminary and final plats are in substantial compliance with the Subdivision Code. On Lot 1 of the proposed subdivision is Ardenia, a large old brick house (originally constructed in 1855), which was previously subdivided into five apartments. The house is currently in use as a retreat house (Emmanuel House of Prayer) for a religious institution. Currently access to Lot 1 is provided via Lot 2 by a curb cut on Kirkwood Avenue and a drive, which enters Lot 2, splits, and traverses both Lot 2 and a portion of Lot 3. If the driveway to Lot 1 is relocated onto Lot 1, staff recommends that access to Lot 2 be off Marcy Street. The Urban Environment Ad Hoc Committee considers this property environmental- ly sensitive because of the large number of mature trees on the vacant portion of the lot, an unusual and attractive feature in this completely developed portion of Iowa City. The trees are located in such a way that it should be possible to save many of them when single family homes are con- structed on the lots. DEFICIENCIES AND DISCREPANCIES 1. Subdivider's agreement. 2. Height of existing house and distance between house and west lot line of Lot 1 on preliminary plat. STAFF RECOMMENDATION Staff recommends approval of the preliminary and final plats of Berkley Subdivision, subject to resolution of the deficiencies and discrepancies listed above. ATTACHMENTS 1. Location map. i ACCOMPANIMENTS 1. Preliminary plat. 2. Final plat. - Approved by:ald Ti%l�l�� D nSch eiser, Director Department of Planning and Program Development �0a7 C e N LOCATION MAP Applicant:DeC- G«kes Application No.: 5 U5. HIGHWAY No 6 DEFEATED RESOLUTION NO. RESOLUTION ADOPTING THE PREFERRED ALIGNMENT OF "FOSTER ROAD" AT ITS INTERSECTION WITH NORTH DUBUQUE ROAD WITH BRISTOL DRIVE. WHEREAS, the City Council of Iowa City adopted Resolution No. 83-294 adopting a preferred alignment for a road called "Foster Road" between Dubuque Street and North Dubuque Road or Old Dubuque Road; and WHEREAS, the City Council has reviewed that alignment, particularly in relation to the intersection of "Foster Road" with North Dubuque Road with Bristol Drive; and WHEREAS, the City Council wishes to discourage through traffic on Bristol Drive yet provide for adequate traffic circulation in the area, now and in the future; and WHEREAS, Dean Oakes, a developer and owner of property north of said inter- section, has agreed to participate in the cost of the construction of a portion of "Foster Road". N0O THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That Resolution 83-294 is amended to provide that a road referred to as "Foster Road" shall intersect with North Dubuque Road such that the centerline of "Foster Road" shall be 125 feet east along North Dubuque Road from the centerline of realigned Bristol Drive, as generally shown on Exhibit A attached. It was moved by and seconded by the Resolution be adopted, an upon roll call there were: AYES: Passed and approved this ATTEST: CITY CLERK NAYS: ABSENT: X Ambrisco X i i Dickson i Erdahl DEFEATED RESOLUTION NO. RESOLUTION ADOPTING THE PREFERRED ALIGNMENT OF "FOSTER ROAD" AT ITS INTERSECTION WITH NORTH DUBUQUE ROAD WITH BRISTOL DRIVE. WHEREAS, the City Council of Iowa City adopted Resolution No. 83-294 adopting a preferred alignment for a road called "Foster Road" between Dubuque Street and North Dubuque Road or Old Dubuque Road; and WHEREAS, the City Council has reviewed that alignment, particularly in relation to the intersection of "Foster Road" with North Dubuque Road with Bristol Drive; and WHEREAS, the City Council wishes to discourage through traffic on Bristol Drive yet provide for adequate traffic circulation in the area, now and in the future; and WHEREAS, Dean Oakes, a developer and owner of property north of said inter- section, has agreed to participate in the cost of the construction of a portion of "Foster Road". N0O THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That Resolution 83-294 is amended to provide that a road referred to as "Foster Road" shall intersect with North Dubuque Road such that the centerline of "Foster Road" shall be 125 feet east along North Dubuque Road from the centerline of realigned Bristol Drive, as generally shown on Exhibit A attached. It was moved by and seconded by the Resolution be adopted, an upon roll call there were: AYES: Passed and approved this ATTEST: CITY CLERK NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber day of , 1985. MAYOR y,�a t;ti AAP1OvocY nq T a Ir9aI Dapartttrnt W ;?e / I r 1 Elor I 1 FLC2 EXHIBIT A-INTERSELTION AT N. DUBUQUE ROAD, 125' EAST OF BRISTOL DRIVE 1 1 .. 1 1 40?f (Vi City of Iowa City MEMORANDUM Date: April 5, 1985 To: City Council From: NealQriis City Manager Don Sr, Director of Planning & Program Development Re: North Dubuque Road/Bristol Drive/Foster Road Alignment At the Council's request, consideration of a resolution setting the alignment of "Foster Road" at a 125 -foot offset from Bristol Drive was deferred at the March 18, 1985 meeting to allow time for Dr. J. R. Kennedy to respond to this alignment. The 125 -offset would require the acquisition of approximately an acre of Dr. Kennedy's property. Dr. and Mrs. Kennedy have indicated that they will resist acquisition of their property. Dr. Kennedy stated that any alignment which encroached on his property beyond a 20 foot telephone easement, located along the western boundary of his property, would be unacceptable to him. He pointed out that the entire Ackerson property is on the market at this time; he felt it was more reasonable to use that property which is on the market rather than take his property which is not for sale. Given the Kennedys' position, the City will need to condemn the acre of the Kennedy property for construction of this alignment. Mr. Dean Oakes has stated verbally that he will participate in the cost of this acquisition in an amount equivalent to the area of the telephone company easement (11,500 square feet or approximately one-quarter of an acre). An appraisal will be necessary to determine the value of the land. There are essentially four positions which the Council could take: 1. Do nothing and permit little or no additional development without secondary access. This option would leave the issue of the construction of "Foster Road" and its alignment to some future Council to resolve. The full cost of that construction may then fall to the taxpayers generally or to the residents of the benefitted area through a special assessment. 2. Acquire the Ackerson property at a cost of $119,000 and negotiate with Mr. Oakes regarding the extent to which he would be willing to partici- pate in the cost of the road. Previously he had indicated his unwilling- ness to construct a road in this alignment. 3. Consent to the alignment preferred by Mr. Oakes in which "Foster Road" would intersect directly with North Dubuque Road at Bristol Drive. Mr. Oakes has stated that he is willing to construct such a road on land which he will acquire from the Ackersons. The cost to the City would be for overwidth paving. i E E 4. Condemn the acre of the Kennedys' property and compensate them for it, with Mr. Oakes participating in the cost of compensation as indicated above and in the construction of the road. The cost to the City would include the appraised fair market value of approximately 3/4 acre of land, any overwidth paving for "Foster Road," and the cost of modifying the alignment of Bristol Drive to achieve the offset. Option #1 merely postpones the problem to another time, #2 is costly to the City, and #3 ignores the issues raised by the residents of Bristol Drive. The staff recommends Option 14 which provides for the construction of the road while minimizing the expense to the taxpayers and recognizing the concerns raised by the residents of Bristol Drive. Just compensation to the Kennedys will be necessary and care should be taken in the design and construction of the road to ameliorate the effect of this project on them and any other property owners in the immediate area. cc: Dr. and Mrs. Kennedy Dean Oakes bj3/4 April 1, 1985 T0: Mayor McDonald and City Council Members of Iowa City j I This letter is to inform the Council of our position con- cerning the proposed alignment of Foster Road and its re- lationship to North Dubuque Road and Bristol Drive. We are definitely opposed to any alignment which would bring the street across our property. Our reasons are as 1 follow: 1) The property on the west side of the proposed street is for sale. Our property, at this time, is not for sale. be most prudent to negotiate with We feel that it would property owners who are anxious to sell. 2) We have approximately 265' of frontage from our west bound- ary line to our driveway. The 125' jog plus necessary right -'of -way would therefore destroy half of our frontage, and also greatly reduce the value of our frontage property. i 3) It is our opinion that ninety percent of the traffic using Foster Road would be going west, toward town. If the jog it automatically direct traffic is built to the west, would that way and reduce traffic flow on Bristol Drive. 4) A 125' jog to the east would conflict in alignment with the driveway of the Robert Lipsius residence, creating a potentially -dangerous traffic hazard. A 100' jog to the west would not conflict with any driveways. Sincerely, /l . Linda K. Kenne F � �D LJames R. Kennedy NPR 4 1985 1811 N. Dubuque Road Iowa City, Iowa CITY CLERK 60 City of Iowa City MEMORANDUM Date: February 27, 1985 To: Planning & Zoning Commission From: Marianne Milkman, Associate Planner Vj Re: CZ -8504. Rezoning of Two Acres from A-1 to RS in Johnson County The county has received a request from S.J. Seydel for the rezoning. of two 1.0 acre parcels northeast of Iowa City from A-1 (rural) to RS (suburban residential). The property is located on the north side of Rapid Creek Road approximately 1.3 miles east of the intersection with Highway 1. The property in question is included in Area 4 of the Johnson County/Iowa City Fringe Area Policy Agreement. Section IIA.3 of the Agreement states "Each request for zoning of property within areas specified in this Agreement will be forwarded to the City for review and comment prior to the public hearing before the County Zoning Commission. Any zoning change will conform with the policies identified for the area in which the requested change is located." The policy for Area 4 is that Residential development in this area should be discouraged, and encouraged to take place in Area 3 and other parts of the county zoned for residential development. Residential uses for farm family purposes will be considered depending on soil and site conditions." Since the requested rezoning is not for a residential use for farm family purposes, the staff finds that the requested zoning is inconsistent with the policy stated for Area 4. It should be noted that this rezoning request is in the area to be reviewed by the Johnson County/Iowa City Fringe Area Policy Committee. ppro by: D mold Sc eiser Director to Department of Planning & Program Development bj3/7 (OR9 Gz- 8504 40C,Iq tort M AP h RESOLUTION NO. 85-87 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE GROUNDWATER CUP -OFF TRENCH, IOIVA CITY SANITARY LANDFILL ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of l00 of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 2:00 P.M, on the 30th day of April , 19 85. Thereafter, the bids wi be opene by the City Engineer or his esignee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 7th day of May , 19 85• It was moved by Strait and seconded by Ambrisco resolution as read be adopte an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber that the Passed and approved this 9th day of April 19 85. MAYUK Recof\•ei! 8: �A,�prov.�d ATTEST•,.. CITY CLERK By TI r Leal De ar4monf G.3/ City of Iowa City MEMORANDUM Date: April 5, 1985 To: City Council From: City Manager pk7 Re: Landfill - Leachate A public hearing has been set for April 9, 1985 for the landfill leachate project. The proposed project, estimated to cost $275,000 will provide a drainage system to prevent ground water from leaking through the landfill and becoming contaminated. For some period of time, the City has been hauling leachate by tank truck to a sanitary sewer manhole for treatment at the waste water treatment plant. For the long term, this is a very costly process. Presently the yearly cost is approximately $29,000. However, the state has taken the position that treatment is virtually the only solution. Because of action taken in surrounding states, particularly Minnesota, the strict regulation of the State of Iowa, and reoccurring attempts in the legislature to control and even eliminate landfills, the operation of landfills is becoming increasingly complex and costly. For example, the leachate from the landfill must meet an effluent standard which frequently may be greater than the pasture runoff into state waters from feed lots and dairy operations. The City hired Stanley Consultants to develop the leachate solution f_o.r.the landfill. While the engineering work was very thorough, there are no guarantees. It is conceivable that the proposed project could solve the existing leachate problem for the life of the landfill, solve the problem temporarily, or have very little effect. In any event, it is expected that the contaminate level or strength of the leachate will be.greatly reduced and if treatment is necessary, the load on the wastewater treatment plant will also be reduced, resulting in substantial savings. The factors which affect the use of the landfill, climate, soils and ground water, all are influences which cannot be quantified so that their impact upon this project are a certainty. However, in the short term there does not appear to be any other potential solution with a greater prospect for success and the City is mandated by the State to take corrective action. Several years ago, Stanley Consultants prepared a preliminary feasibility study for the incineration of waste with the production of steam. I have asked Stanley Consultants to provide the City with an estimate for updating the study. Based on the foregoing information, I believe that it is likely that use of the landfill will not be possible in 10 years or perhaps even by 1990. Therefore, the City should begin looking now at alternative disposal methods. This could include steam production in conjunction with the University or perhaps cogeneration for the wastewater treatment plant. /sp 6P.31 to RESOLUTION NO. 85-88 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE OUTFALL RELIEF SQT-R SYST51 REHABILITATION PROJECT AND ALrMORTZTNG BIDS TO BE RECEIVED APRIL 30, 1985 ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BIO, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 5% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) rays before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 2:00 P.M. on the 30th day of April , 1985 . Thereafter, the bids wibe opene by the City Engineer or his esign�thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 7th day of May , Ig 85, It was moved by Strait and seconded by _Ambrisco resolution as read be adopted, an upon roll call there were: AYES: NAYS: ABSENT: Ambrisco X Baker X Dickson X E rda hl X McDonald X Strait X Zuber that the Passed and approved this 9th day of April 19 85, lv M YOR Ie Rccehved S Approved ATTEST: CITY CLER-(J K IeAA n,•/ Tit, Lf,"zi Depv:menf M RESOLUTION NO. 85-89 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT OF COST FOR THE BURLINGTON STREET CONCRETE REPAIR PROJECT AND AUINORIZING RTT,Q mn nc nrnn NG CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND�FIXING�TIME�AND1PLACENFORIRECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 A.AI. on the 30th day of April 1985 , Thereafter, the bids wi be'T1— opened by the City Engineer or his epee, and thereepon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 7th day of clay 19 85. It was moved by Strait and seconded by resolution as read be a opte , an upon roll call there were: Dickson that the AYES: NAYS: ABSENT: - X Ambrisco - X Baker -X _ Dickson _ Erdahl �- McDonald - — Strait -X -- Zuber Passed and approved this 9th day of A ril 19985. �o MAYOR ATTEST: hyo,; , a� Received & Approved ` CITY CLERK By Tha Leyal Drpflmant �3s M City of Iowa City MEMORANDUM DATE: April 2, 1985 TO: City Council and City Dianager FROM: Denny Cannon tG RE: Burlington Street Concrete Repair Project Plans, specifications, and contract documents have been prepared for the removal and replacement of cracked and broken pavement slabs on Burlington Street between Clinton and Capitol Streets. The work will be completed after the current University's semester ends and before the summer session begins. The engineer's estimate for the construction is $37,750. The plans for the project call for the closure of the above-mentioned block on Burlington Street along with the detour of traffic from Burlington Street to Clinton, Court, Wdison and back to Burlington Streets, and vice -versa. Wiile work on the project is performed, it is more feasible to close Burlington Street entirely and detour traffic than it is to keep Burlington Street open to restricted traffic, for the following reasons: 1. The project can be completed in less time by closing Burlington Street and detouring traffic - 7 working days as compared to 3-4 weeks. 2. By restricting and funneling on an already congested street, the City will present motorists, pedestrians, and the contractor's employees to potentially unsafe and hazardous conditions. 3. There are no businesses that access onto Burlington Street between Clinton Street and Capitol Street. I G3 -r NOTICE OF INTENTION TO ISSUE t . INDUSTRIAL DEVELOPMENT REVENUE BONDS i �b rB 5 (Southgate Development Company, Inc. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 12th day of March, 1985, at the Civic Center, in Iowa City, Iowa, at 7:30 o'clock, p.m., for the purpose of con- ducting a public hearing on the proposal to issue Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) of the Issuer. in an aggregate principal amount not to exceed $1,100,000 (the "Bonds"), and to loan said amount to Southgate Development Company, Inc. (the "Company"), for the purpose of defraying all or a portion of the cost of the renovation and rehabilitation of the Company's existing 24,500 sq. ft. four story building located at 325 E. Washing- ton within the Urban Renewal Area for use as office and retail space. The Bonds, if issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bonds as and when the same shall become due. At the time and place affixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution deter- mining whether or not to proceed with the issuance of the bonds. Written comments may also be submitted to the Issuer at 410 E. Washington Street, Iowa City, Iowa 52240. Written comments must be received by the above hearing date. By order of the City Council, thisl2th day of pebruary , 1985.— 985- 6 6 �a Please Relurn To BELIN, HARRIS, HELMICK, HEARTNEY & TESDELL 20DO Financial CEaler Des Moines, Iowa 50309 Proceedings to Proceed With Issuance and Sale IDR -4051 (Commit) Iowa City, Iowa April 9 , 1985 The City Council of Iowa City, Iowa, met in Regular session on the 9th day of April 1985, at 7:30 o'clock .m., at the Civic Center , in t e City pursuant to law and to the rules of said Council. The meeting was called to order and there were present McDonald Mayor, in the Chair, and the following named CounclMem ers: Ambrisco, Baker, Dickson, Erdahl, Strait and Zuber Absent: None The City Council investigated and found that notice of intention to issue Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) in an aggregate principal amount not to exceed $1,100,000 had, as directed by the City Council, been duly given according to law, and that the Council had met at the time designated in the notice, held the hearing and adopted a resolution adjourning to this time the hearing and the decision whether or not to proceed with the issuance and sale of the Bonds. This being the time and place specified in the resolution for the continuation of the hearing on the proposal to issue such Bonds, the Mayor announced that all local residents attending the adjourned hearing would now be given an opportunity to express their views for or against the proposal to issue the Bonds. The following local residents expressed their views as follows: -1- BELIN. HARRIS. HELMICK, HEARTNEY & TESDELL. LAWYERS. DES MOINES, IOWA 637 After all local residents who appeared at the adjourned hearing who desired to express their views for or against the proposal to issue the Bonds, Council Member Zuber introduced a Resolution entitled: Res. 85-90 "Resolution to Proceed With the Issuance and Sale of Industrial Development Revenue Bonds, (Southgate Development Company, Inc. Project) i in an aggregate principal amount not to exceed $1,100,000" and moved its adoption, seconded by Council Member Ambrisco After due consideration of said Resolution by the Council, the Mayor put the question on the motion and upon the roll being called, the following named Council Members voted: Ayes: Ambrisco, Baker, Dickson, Brdahl, McDonald, Strait and Zuber Nays: None Whereupon, the Mayor declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote the meeting djourned. yor Attest: - (Seal) E- -2— SELIN. HARRIS. HELMICK. HEARTNEY d TESDELL LAWYERS. DES MOINES. IOWA 0 85-90 RESOLUTION Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) in an aggregate principal amount not to exceed $1,100,000" WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1983, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City - Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, for an urban renewal area designated as such pursuant to Chapter 403 before July 1, 1979; and WHEREAS, the Issuer had adopted a Neighborhood Redevelopment Plan (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and has designated an area within the Urban Renewal Area as a Chapter 403 area eligible to apply for industrial revenue bonds and in furtherance of its efforts to carry out the Urban Renewal Plan for such area and the Issuer proposes to issue its revenue bonds pursuant to the Act and loan the proceeds thereof to Southgate Development Company, Inc. (the "Company") to finance the renovation and rehabilitation of the Company's existing 24,500 sq. ft., •four story building located at 325 East Washington and within the Urban j Renewal Area for use as office and retail space, which will employ substantial numbers of people from and near the Issuer with the resulting increased employment, substantial payments and other public benefits flowing therefrom; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) of the Issuer in an aggregate principal amount not to exceed $1,100,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually agreeable terms, the obligation of which will be sufficient to pay the principal of•and interest and redemption premium, if any, on the Bonds, as and when the same shall be due; and WHEREAS, notice of intention to issue the Bonds has, as directed by the City Council of the Issuer, been duly given in compliance with the Act; and WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice and all objections or other comments relating to the issuance of the Bonds have been heard; . NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -3- SELIN. HARRIS. HELMICK. HEARTNEY A TESDELL LAWYERS, DES MOINES. IOWA (v3J Section 1. It is hereby determined that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. Section 2. It is hereby determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bonds as authorized and permitted by the Act to finance all or a portion of the coat of the Project, and such actions will be taken by the Issuer as may be required pursuant to the provisions of the Act to authorize, issue and sell the Bonds upon receiving reasonable advance notice and upon reaching mutually acceptable terms with the Company regarding such Bonds. Section 3. The Issuer will enter into all agreements prepared by Bond Counsel which are necessary to be entered into by the Issuer in connection with the issuance and sale of the Bonds. Prior to execution of said agreements by the Issuer all other parties, including the City Attorney and the Issuer's Bond Counsel shall approve all agreements to be entered into in connection with the issuance of the Bonds and such agreements shall be authorized and approved after due consideration by this Council prior to their execution by the Issuer. Section 4. The Mayor, the City Clerk and the City Attorney are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Project and the issuance and sale of the Bonds. Section 5. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Resolution shall become effective immediately upon its passage and approval. Passed and approved this 91h d of A»ril 1985. ayor V Attest: aai�.4 . 7ell. City Clerk (Seal) -4- SELIN. HARRIS. HELMICK. HEARTNEY & TESDELL LAWYERS. DES MOINES. IOWA / 137 State of Iowa County Of Johnson SS: City of Iowa City I, the undersigned, do hereby depose and certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) in an aggregate principal amount not to exceed $1,100,000. . WITNESS my hand and the corporate seal of said City hereto affixed this 9th day of April 1985. 69LO4.,2 411 .tea J City Clerk (Seal) 1 -5- BELIN. HARRIS. HELMICK. HEARTNEY 8 TESDELL. LAWYERS DES MOINES. IOWA l 6 ATTACHMENT TO APPLICATION FOR COMMITTEE ON COMMUNITY NEEDS IN ORDER TO ENSURE THAT THE COMMITTEE ON COMMUNITY NEEDS IS REPRESENTATIVE OF THE COMMUNITY AND THE GROUP(S) WHICH IT SERVES, 1 PLEASE INDICATE IF YOU ARE A MEMBER OF ANY OF THE FOLLOWING CATEGORIES: Elderly (62 or older) t Handicapped or Disabled _ Racial or Ethnic Minority Lower Income (see chart below) None of the above Your response is volunta , and you may wish instead to elaborate on or indicate areas in which you can make a special contribution to the Committee in 5nother section of this form. MAXIMUM ADJUSTED GROSS INCOME LEVELS FOR LOWER INCOME HOUSEHOLDS (5/83) $16,000 for a 1 -person household $18,300 for a 2 -person household $20,600 for a 3 -person household $22,900 for a 4 -person household $24,300 for a 5 -person household $25,750 for a 6 -person household $27,150 for a 7 -person household $28,600 for an 8+ person household u /" or TOCI March 18, 1965 'v To: Mayor John McDonald and the Iowa City City Council "0 18 1985 From: Phil Nychay, Chair, Resources Conservation Commission W\ \ N, RE: Official Recommendations - for Immediate Release IAN K. KARR CITY CLERK (3) The Resources Conservation Commission supports the City Council's efforts to reach a fair and equitable franchise agreement between Iowa City and Iow•a- Illinois Gas and Electric Company. We recommend that the City reconsider the issues of a li franchise fee as well as re -opening negotiations with the utility company. The Resources Conservation Commission maintains that the franchise fee is an integral part of the City's plan for an aggressive broad based energy conservation program for our City. The proposed fee must be implemented for the following reasons: 1.) There is a need for a community based energy conservation program. Iowa City's available programs provide help to approximately one-tenth of the homes requiring weatherization. 2.) There is a need to limit the flow of energy dollars from Iowa Citians to Iowa -Illinois Gas and Electric and the company's payments to energy suppliers out of the Iowa City area. 3.) The fee would fund an industry devoted to conservation. The 1% fee could garner approximately $375,000. Using economic multipliers, this money represents the equivalent of a one million dollar a year business locating in Iowa City and staying for many years. The franchise fee represents a significant opportunity to bring jobs and economic development to Iowa City. 4.) Based on the City Attorney's opinion, the 1% fee would not be a supplement to the general fund. i 5.) Iowa -Illinois Gas and Electric has not pursued an aggressive conservation program, but they have complied with the minimum standard for conservation established by the Iowa Commerce Commission. 6.) The collected fee would be used to fund projects to make Iowa City residents, businesses and the municipality more energy efficient and more attractive to new people and businesses seeking to locate in Iowa City. 7.) While the fee would be charged to the rate payers, there are long-term benefits for all residents of Iowa City. The fee represents an investment in the future. Our final recommendation concerns the length of the agreement. In conjunction with the proposed fee, we support a 10 -year franchise with a 5 -year re -opener _ clause available on demand by one party. If no fee can be agreed upon, then we recommend that the City grant no franchise to Iowa -Illinois Gas and Electric Company. Once again, the Resources Conservation Commission supports the City Council's efforts. We hope you will reconsider the fee. We want you to show your committ- ment to conservation, the good and welfare of Iowa Citians and to economic development. RESOLUTION NO. 85-91 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE WILLOWCREEK NEIGHBORHOOD CENTER, INC. FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR IMPROVING HANDICAPPED ACCESSIBILITY TO THE WILLOWCREEK NEIGHBORHOOD CENTER. WHEREAS, the City of Iowa City is the recipient of funds granted by the United States Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (P.L. 93-383); and WHEREAS, the City of Iowa City wishes to utilize such funds to assist the Willowcreek Neighborhood Center, Inc., in improving the neighborhood center's accessibility for handicapped persons; and WHEREAS, Mark IV Apartment Associates, owners of the property where the Willowcreek Neighborhood Center is located, have agreed to provide the space for the neighborhood center through June 30, 1988, and have agreed to the improvements to the facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign and the City Clerk to attest an agreement with the Willowcreek Neighborhood Center, Inc., to use 1985 CDBG funds for improving the handicapped accessibility to the Willowcreek Neighborhood Center. It was moved by Zuber and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl _ x McDonald X Strait X Zuber Passed and approved this 9th day of April , 1985. �I ATTEST: Reeofved & Approvcd By Tiic l.ega�a bs3 AGREEMENT BETWEEN THE CITY OF IOWA CITY, AND WILLOWCREEK NEIGHBORHOOD CENTER, INC. FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR IMPROVING HANDICAPPED ACCESSIBILITY TO THE WILLOWCREEK NEIGHBORHOOD CENTER THIS AGREEMENT, entered into this 15th day of April , 1985, by and between the City of Iowa City, a municipal corporation (herein referred to as the "City"), and Willowcreek Neighborhood Center, Inc., an Iowa not-for-profit corporation, (herein referred to as "WNC"), located at 2530 Bartelt Road, Iowa City, Iowa; and WHEREAS, the City is the recipient of 1985 Community Development Block Grant (CDBG) funds granted by the United States 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 such funds to assist WNC in improving the handicapped accessibility to the above-mentioned neighborhood center; and WHEREAS, Mark IV Apartment Associates, owners of the property where WNC is located, have agreed to provide the space for the neighborhood center through June 30, 1988, and have agreed to the improvements to the facility. NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF THIS AGREEMENT: PART I 1.1. PURPOSE AND SCOPE OF SERVICES: WNC shall complete the following projects which shall, upon completion, comply with all applicable state and local building codes, in order to improve handicapped accessibility to the facility located at 2530 Bartelt Road, Iowa City, Iowa: A.(1) Widen a parking space and identify as a handicapped parking space. B.(2) Cut away curbing. C.(3) Lay sidewalk to the rear entryway. D.(4) Raise existing sidewalk to be flush with entry door sill. E.(5) Move existing bathroom fixtures; install one handicapped toilet, and install handrails to improve toilet and lavatory accessibil- ity. F.(6) Move two single pole light switches to allow for widening internal doorways. G.(7) Widen four internal doorways. 653 k I E 1.2 TIME OF PERFORMANCE: A. WNC shall perform according to the following schedule: Prooram Element Deadline Contract for construction April 15, 1985 Begin construction April 30, 1985 Complete construction June 30, 1985 (Includes consideration of weather conditions for concrete work.) B. This schedule is subject to change only by prior mutual agreement of both parties, in writing. 1.3 COMPENSATION AND METHOD OF PAYMENT: The City shall pay and WNC agrees to accept in full three thousand five hundred dollars (;3,500) for performance under this Agreement, as follows: A. Partial payments shall be made upon presentation of properly executed invoices and mechanic's lien waivers for the completed improvements listed in Part I, Purpose and Scope of Services, and B. Receipt of monthly reports detailing the project's expenditures for the previous month. These reports will be due by the fifth day of the month and reimbursement will be made to WNC on the 13th day of the month for expenditures incurred during the previous month. C. The total of the above payment will not exceed $3,500. D. WNC agrees that the City may make payment directly to any contrac- tor, materialman, or subcontractor. 1.4 TERMS AND CONDITIONS: A. The City shall assume no responsibility or liability for the work to be performed hereunder or for the maintenance, operation or program funding of the neighborhood center. B. Attached hereto and incorporated herein as Exhibit A is a letter from Mark IV Apartment Associates, owners of the complex where WNC is located, acknowledging and approving the improvements to the facility. C. WNC shall use the $3,500 in CDBG funds only to complete the improve- ments detailed in Part I, Purpose and Scope of Services, of this agreement, and WNC agrees that the following is an accurate and complete estimate of the costs to be incurred in such project: bs3 Proiec�nt Estimate Concrete and pavement $1,200 b 00 Plumbing 2 $ 200 Electrical b1 Carpentry ,200 $ 200 Contingency 3,500 TOTAL he 1.WNC per shall, at its own expense, procure a anddliabilityninsurancetto period of this Agreement, property Y 9 be effective as of the start of the project. Liability coverage shall not be less than $300,000 for personal bodily injury or death and not less than $25,000 for property damage. Proof of Insurance shall be shown to the City by furnishing a copy of the duly author- ized and executed policy issued by an insurance company licensed to do business in the State of Iowa, together with a receipt showing payment in full of the premium. E. In the event WNC locates its operations at another facility prior to July 1, 1988, WNC shall pay to the City a prorated share of the $3,500. The prorated share shall be determined by deducting on -third oftheelapsed after annuallyJuly 11 1985. theoriginal $3,500 for each fu I F. Except dsofexecution provided herein, the Jterms of1this Agreement shall be from the ate PART II 2.1 PERFORMANCE AND REPORTING: ll A. To the extent that educaitlonal andis ilrelcreatNonalha programsatefor facility providingCit approximately 155 low and moderate income and handicapped n a 90dlowa disabled residents, including approximately persons, until June 30, 1988, in a manner satisfactory to the City. B. WNC shall direct all correspondence concerning this Agreement to the office of the Iowa City Community Development Block Grant Coordina- tor, Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240. C. WNC shall submit monthly reports describing the progress of the renovation activities to the Program Coordinator's office by the fifth day etion of expenditurefofach month until the all CDBG funds disbursedlunder thislAgreement.ons and p. Upon completion of this renovation project, WNC shall submit quar- terly reports by the fifteenth day of October, January, April and July of each contract year. quarterly reports shall include statis- tics pertaining to the number and county of residence of persons using the facility. No reporting requirements shall extend beyond June 30, 1988. 6s3 4 ide the with a E Not later than certified statement uof thst e expendlitureWNC soffundsvddisbursed under this Agreement. 2.2 OTHER REPORTS, AUDITS AND INSPECTIONS: ch A records, ldata,npand and asfurnish the ttherHUD C City ortHUDustatements, WNC may reasonably request pertaining to this Agreement. B. During the term of this Agreement, at any time during normal business hours, at its office, WNC shall make available to the City, HUD, and/or the Comptroller General of the United States, or their duly authorized representatives, all of WNC's records in order to permit examination of any audits, invoices, materials, payroll, personnel records, conditions of employment and other data related to all matters covered by this agreement. C. WNC shall retain financial records, supporting documents, statisti- cal records and all other records pertaining to expenditures under this Agreement for a period of three (3) years from the termination of this Agreement. 2.3 CONTRACTING AND PROCUREMENT STANDARDS: The requirements of Attachment 0 (Procurement Standards) of OMB Circular A-110 and OMB Circular A-122 (Cost Principles for Non-profit organiza- tions) shall apply to the use of funds disbursed under this agreement. The City shall provide WNC with copies of said OMB Circulars, and WNC hereby acknowledges receipt of said Circulars. 2.4 NON-DISCRIMINATION: No person shall be excluded from or denied the benefits of the WNC facility on the basis of age, race, color, national origin, sex, marital status, sexual orientation, or disability. The majority of prospective mode elderly,ns or beneficihandicapperies d orwdisabledepersonslow nin need rofeprograms income provided at y, PP WNC. 2.5 EQUAL EMPLOYMENT OPPORTUNITY: WNC certifies that it is an "Equal Opportunity Employer" and that it will comply with Chapter 18 (Human Rights) of the Iowa City Code, Chapter 601A (State Civil Rights) of the Iowa Code, anU77—applicable regulations of the United States Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in work under thisoyAgreement rtcontain C an alappropriatel ensure aequal t all contracts employment opportunity statement. 653 5 2.6 LEAD-BASED PAINT POISONING PREVENTION: WNC shall comply with the requirements of the Lead-based Paint Poisoning Pre(24vCFRiPart c35). insofar a831 et they may apply to0thegulations performanceeu ndr ofthis Agreement. 2.7 TERMINATION OF AGREEMENT FOR CAUSE: If WNC fails to fulfill its obligations under this Agreement in a timely and proper manner, or if WNC violates any of the terms, agreements, or stipulations under this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to WNC specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice unless such default or defaults are remedied within such grace period. In the event of such termination, WNC shall repay the City the full amount of $3,500. 2.8 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 arise herefrom. B. No member of the governing body of the City, no officer, employee, 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. 2.9 INTEREST OF WNC: WNC covenants that it has no interest and shall not acquire any inter- est, direct or indirect, which would conflict in any manner or degree with the performance of the services to be performed under this Agree- ment. WNC further covenants that in the performance of this Agreement, no person having such an interest shall be employed by WNC. 2.10 ASSIGNABILITY: this C assignment aor�novation, without the prior rest �nwritten gapproval whether shall not of bythe City. 653 6 2.11 HOLD HARMLESS PROVISION: WNC shall indemnify and hold harmless the City, it officers, employees and agents from all liability, loss, costs, damage and expense (includ- ing reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the performance of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on this 15th day of April , 1985. CITY OF IOWA CITY WILLOWCREEK NEIGHBORHOOD C NTER, INC. By: v Gs By: yor ATTEST: ATTEST: City Clerk 9/ -VZI /o,4__� � Received R Approved By TI, tg,,,l.egal De a nt 6s3 i EXHIBIT A-1 0 o Tandem Property Affiliates, Inc. Specializing in existing HUD/FHA multi -family properties 35 East Wacker Drive Suite 1300 Chicago, Illinois 60601 (312) 726-0083 March 20, 1985 1 I Bob Vander Beek Mark IV /.Willowcreek Neighborhood Center 2530 Bartelt Road 1C Iowa City, Iowa 52240 Dear Bob: This is in reply to your March 18, 1985 letter. Please be advised that Mark IV Investors supports the following site improvements for the Willow Creek Neighborhood Center: • painting a handicapped parking spot cutting away and ramping one curt • laying 100 feet of sidewalk across the rear of 2530 • laying new concrete rear entryway • widening and putting in two new doors at the center • Moving two single pole light switches • installing new toilet and handrails • moving bathroom sink over approximately six inches Sincerely, S even J I ans SJH/wtb i cc: Vicky Shaw Sue Cate 66-3 0 EXFIIBIT A-2 00 Tandem Property Affiliates, Inc. Specializing In existing HUD/FHA multi -family properties April 2, 1985 Mary Nugent, Associate Planner Johnson County Council of Governments 410 East Washington Street Iowa City, Iowa 52240 Re: Mark IV 35 East Wacker Drive Suite 1300 Chicago, Illinois 60601 (312) 726-0083 Dear Ms. Nugent: We agree to permit the Mark IV / Willowcreek Neighborhood Center to occupy its present space until the block grant contract expires on June 30, 1988. SJR/wtb cc: Bob Vander Beek Sue Cate Vicki Shaw Very truly y urs, even J. s President 6,5z TI - RESOLUTION NO. 85-92 RESOLUTION AUTHORIZING THE MAYOR TO SIGN, AND THE CITY CLERK TO ATTEST, THE FY86 APPLICATION FOR IOWA DOT STATE TRANSIT ASSISTANCE. WHEREAS, the City of Iowa City, Iowa, has undertaken to provide its residents with a public transportation system, and WHEREAS, the City wishes to continue its current level of transit service, 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, State Transit Assistance is being applied for in the amount of $85,134. 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 FY86 applica- tion for Iowa OOT State Transit Assistance. It was moved by Zuber and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Strait X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 9th day of April 1985. AYOR ATTEST: _%%1au�� CITF CLERK �y Yis Iwr7a: D� ar;Fmr:I M MARY JANE ODELL SECRETARY OF STATE ®RWA Mate of 30wa becretarp of 6tate iile5 1}1oinc6 April 24, 1985 STATE CAPITOL BUILONG DES MOINES. IA 50319 SIS:B 11506A Marian K. Karr, CMC City Clerk City of Iowa City Civic Center 410 E. Washington St. Iowa City, Iowa 52240 Re: 28E Agreement for Transit Services between City of Iowa City and Johnson County to provide special elderly and handicapped transit services Dear Ms. Karr: We have received the above described agreement, which you submitted to this office for filing, pursuant to the provisions of Chapter 28E, 1985 Code of Iowa. You may consider the same filed as of April 24, 1985. Cordially, ftL&J?J�Ak MARY JANE ODELL Secretary of State MJO/d 65"1` i i I ®RWA Mate of 30wa becretarp of 6tate iile5 1}1oinc6 April 24, 1985 STATE CAPITOL BUILONG DES MOINES. IA 50319 SIS:B 11506A Marian K. Karr, CMC City Clerk City of Iowa City Civic Center 410 E. Washington St. Iowa City, Iowa 52240 Re: 28E Agreement for Transit Services between City of Iowa City and Johnson County to provide special elderly and handicapped transit services Dear Ms. Karr: We have received the above described agreement, which you submitted to this office for filing, pursuant to the provisions of Chapter 28E, 1985 Code of Iowa. You may consider the same filed as of April 24, 1985. Cordially, ftL&J?J�Ak MARY JANE ODELL Secretary of State MJO/d 65"1` i RESOLUTION NO, 85-93 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN EIGHTH RENEWAL OF A 28E AGREEMENT BETWEEN IOWA CITY AND JOHNSON COUNTY FOR TRANSIT SERVICES. WHEREAS, it is in the public interest to provide transit services to Iowa City residents who have special transit needs due to age or handicap, and WHEREAS, the Johnson County SEATS program is designed to provide special elderly and handicapped transit services, and WHEREAS, Iowa City and Johnson County have entered into a 28E Agreement for purposes of providing such services, which Agreement has been recorded in the Johnson County Recorder's Office, and WHEREAS, an Eight Renewal Agreement has now been negotiated by said parties in order to continue said delivery of special transit services to Iowa City resi- dents, and a copy of said Agreement is attached and by this reference made a part hereof. { NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: r g 1. That the Mayor is hereby authorized to execute and the City Clerk to attest i said Renewal Agreement. 1 2. That the City Clerk is directed to file said Renewal Agreement with the Secretary of State and the Johnson County Recorder as required by Chapter 28E, Code of Iowa. It was moved by Ambrisco and seconded by Zuber the Resolution be adopted, and upon roll call there were: AYES: (JAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald i X Strait X Zuber Passed and approved this _21h; of 821j 1985. YOR ATTEST: CITY CLERK Received $ ANProved DY//[Y�I�e Iegnl 1:1,;peyrrwnl 6gr 0 EIGHTH RENEWAL OF 28E AGREEMENT FOR TRANSIT SERVICES This renewal agreement is entered into by and between Johnson County, Iowa, and the City of Iowa City, Iowa, both municipal corporations. Whereas, the parties hereto wish to renew their agreement for transit services which is recorded in Book 501 at page 303 in the Office of the Johnson County Recorder: Now, therefore, be it agreed by and between Johnson County, Iowa, and the City of Iowa City, Iowa, as follows: 1. The eighth renewal term of the 28E agreement referred to above, as amended, shall commence July 1, 1985, and continue for one year through and including June 30, 1986. 2. The County shall continue to operate the service within the corporate limits of Iowa City from 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m, to 2:00 p.m., Saturday and Sunday except for holidays established by the Johnson County Board of Supervisors. All specific operational decisions shall be made by the Board of Supervi- sors and the SEATS Manager to maximize responsiveness to demand an productivity. 3. The County shall continue to request a donation. All such donations will be retained by the County to help defray operating costs. The average donation per passenger in FY86 will be subtracted from the 1 estimated average cost per passenger in FY87 to establish a basis for payment by the City to the County in FY87. During FY86 the County (55- -2 - shall provide the City with daily data sheets which include the origin, destination, and time for each Iowa City trip, and a total of iIowa City donations for each day. 4. In consideration of the County's agreement to provide special elderly i i and handicapped transit service as herein provided, the City of Iowa I I City agrees to pay to Johnson County $2.93 per one-way trip for each j i I Iowa City passenger carried, this amount being SEATS' estimated FY86 i average cost per trip minus the FY85 average donation per trip. The i total funding for this service during FY86 shall not exceed $78,000. 5. The City agrees in FY86 to provide indoor storage of 11 SEATS vans at the Iowa City Transit garage. SEATS personnel will have access to vans parked at the Iowa City Transit garage during Iowa City Transit's regular hours of operation. Iowa City Transit personnel shall be permitted to move SEATS vans which are parked at the transit facility, j if needed. This section of the agreement will be void if fleet i expansion by Iowa City Transit utilizes all available vehicle storage space. 6. The City shall make its fueling facility available to SEATS. The City shall determine the specific scheduling arrangements for this service. The County agrees to pay fuel costs based upon the invoice cost to the City. The City shall invoice monthly providing itemized fuel usage by vehicle. Payment shall be made by the County within 30 days from date i of invoice. The City shall not be liable for delay in fuel shipments, supplying fuel during periods of equipment malfunction or fuel i shortages. rp-5-9— -3- 7. 3- 7. The County shall indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all claims, suits, liabilities, judgments, costs or expenses, which may in any way be made or claimed against the City in consequence of this agreement. The County shall, at its own expense, provide insurance protection with respect to this indemnification agreement. 8. In all other respects the original agreement, as amended, between the parties remains in full force and effect. 9. This renewal agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. Dated this 18th day of April , 1985. CITY OF IOWA CIY, IOWA By: u 4/a%l�- n McDo old, MayorQQ ATTEST: Y1 Aja j) City Clerk JOHNSON COUNTY, IOWA By Dennis La enberg, hairpe son Board of Supervis rs ATTEST: 6� County Audiror fiacelvecl R Approved Lq �; ^ i.rtlnl G� iadmenl &SS RESOLUTION NO. 85-94 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOIJA CITY AND HANSEN LIND MEYER, PC, FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE DUBUQUE STREET PARKING RAMP EXPANSION PROJECT WHEREAS, the City of Iowa City, Iowa, has negotiated an Agreement with Hansen Lind Meer P.C. a copy of said Agreement being attached to this' Resolution an by t is reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said Agreement with Hansen Lind Meyer, P C for architectural and eagineerii services for the Dubuque Street Parking Ramp Expansion Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Agreement with Hansen Lind Meyer, P.C. 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by A and seconded by Dickson that the resolution as read be adopte , and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Baker X Dickson X i Erdahl _X McDonald x Strait X Zuber I Passed and approved this 9th day of April 19 85 . R ATTEST: %7 C� nen) ITY _0EK gpprovea nt pY,he tectal DePo �J GS, i f Amendment to Contract Dated May 8, 1984 Between the City of Iowa City and Hansen Lind Meyer, P.C. The following shall be added to the contract: Article XII a. Scope of Services The consultant will provide the services described under Phase B, C, D, E & F in the basic contract for the addition of two upper parking levels to the existing Dubuque Street ramp (Ramp B), including the extension of the elevators and stairs. b. Time of Completion 365 days from the date of this amendment for Phase F services. 90 days from the date of this amendment for B, C & D services. c. Compensation 1. A lump sum fee of $63,200. 2. Reimbursable expenses as defined in Article III k. d. Payment Schedule 1. Payment for these services and expenses will be due and payable monthly not to exceed the amounts set forth in the contract. In witness whereof, the parties hereby have executed this Amendment to the agreement dated May 8, 1984, in triplicate originals, on this date, the 9th day of April , 1985. FOR THE CITY FOR HANSEN LIND MEYER, P.C. Mayor P nc pa ATTEST Cit Clerk Raevivod 8, Approved 6•• Tli^ Lry:d Uapo tm'nt — y -y" (ps(V 1 �_ RESOLUTION NO. 85-95 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AILD CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF KT K%MD CIRCI.B IDIPROVITIENTS pROJECT WHEREAS, M. J. Dal7 Construction Co. Inc. of Burlin ton Iowa has submitted the best bid of 63.564.60 IOWA: for the construction of tF above-named project. -- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, 1. That the contract for the construction of the above-named project is hereby awarded to M. J. Daly Construction Co. Inc, of Burlington Iowa subject to the condition that away ee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by Erdahl and seconded by Ambrisco that a the resolution as read e opted, an upon roll call the_re were: AYES: NAYS: ABSENT: X _ Ambrisco x _ Baker X _ Dickson x Erdahl X McDonald X Strait x Zuber Passed and approved this 9th day of April lg 85, MAYOR E ATTEST:,// �/ C T CLERK ti PPi' �J co°°` Dy .iY�n /p57 I I r� } ADVERTISEMENT FOR BIDS KIRKWOOD C ROLE IMPROVEMENTS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 A.M. on the 2nd day of April, 1985, and opened immedi- ately thereafter by the City Engineer. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 P.M. on April 9, 1985, or at such later time and place as may then be fixed. The work will involve the following: The removal of existing pavement and the construction of 7 inch thick P.C.C. paving with integral curb together with necessary grading, drainage facilities, driveways, sidewalks, etc., on Kirkwood Circle. All work is to be done in strict compliance with the plans and specifi- cations prepared by Francis K. Farmer, P.E., City Engineer of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Whenever reference is made to the "Standard Specifications", it shall be the "Standard Specifications for Highway and Bridge Construction", Series of 1984, Iowa Department of Transportation, Ames, Iowa. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by either of the following forms of bid security: (1) a certified or cashier's check drawn on a solvent Iowa bank or a bank chartered under the laws of the United States or a certi- fied share draft drawn on a credit union in Iowa or chartered under the laws of the United States, in an amount equal to 10% of the bid, or (2) a bid bond executed by a corporation author- ized to contract as a surety in the State of Iowa, in a penal sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City as liquidated damages in the event the successful bidder fails to enter into a AF -1 65, contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said work, if required, pursuant to the provisions of this notice and the other contract documents. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or rejection is made. Other checks will be returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the Contractor will be made as specified in the "Standard Specifications", Article 1109.06. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of 5 years from and after its completion and acceptance by the City. The following limitations shall apply to this project: Working Days: 35 Completion Date: June 7, 1985 Liquidated Damages: $150/day The plans, specifications, and proposed contract documents may be examined at the Office of Francis K. Farmer, P.E., by bona fide bidders. Return all plans and specifications to the City Engineer's office in good condition within fifteen (15) days after the opening of the bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. The Contractor awarded the contract shall submit a list of proposed subcontractors along with quantities, unit prices and amounts before starting construction. If no minority business AF -2 ! 5'1 enterprises (MBE) are utilized, the Contractor shall furnish documentation of all efforts to recruit MBE's. A listing of minority contractors is available and can be obtained form the Civil Rights Specialist, at the Iowa City Civic Center, by calling 319/356-5022. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act (SF 2160) applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. FTAKIM KA�f'1142ErEI L AF -3 W i n(g RESOLUTION NO. 85-96 RESOLUTION ADOPTING THE ANNUAL BUDGET, FY86, ENDING JUNE 30, 1986, FOR PUBLIC HOUSING PROJECT IA -022003 R IA05PO22004 WHEREAS, the City of Iowa City has in effect an annual contributions contract No. KC9166, for Project IA022003 and IA05PO22004, 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 I014A 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 operation of the Housing Authority for the purpose of service to low-income families. 3. The financial plan is reasonable in that: a. It indicates a source of funding adequate to cover all proposed expendi- tures. 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 reexamining the incomes of families living in the project at least once a year. It was moved by Zuber and seconded by Erdahl the Resolution be adopted, an upon ro call there were: AYES: X X X Passed and approved this ATTEST: NAYS: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber 9th day gf April , 1985. R2,vX^&A Nt Approved 3y Tito :oDa3 r:cp&ftwn1 �J sJzi Bim.—.. 6 .S0p, i �I i t RESOLUTION NO. 85-96 RESOLUTION ADOPTING THE ANNUAL BUDGET, FY86, ENDING JUNE 30, 1986, FOR PUBLIC HOUSING PROJECT IA -022003 R IA05PO22004 WHEREAS, the City of Iowa City has in effect an annual contributions contract No. KC9166, for Project IA022003 and IA05PO22004, 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 I014A 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 operation of the Housing Authority for the purpose of service to low-income families. 3. The financial plan is reasonable in that: a. It indicates a source of funding adequate to cover all proposed expendi- tures. 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 reexamining the incomes of families living in the project at least once a year. It was moved by Zuber and seconded by Erdahl the Resolution be adopted, an upon ro call there were: AYES: X X X Passed and approved this ATTEST: NAYS: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber 9th day gf April , 1985. R2,vX^&A Nt Approved 3y Tito :oDa3 r:cp&ftwn1 �J sJzi Bim.—.. 6 .S0p, w vlq v.r I Y Y 0.wline d•�m., �r.w. rrlfrlh.�Y •1 e.a1r 0.n...w J..nae.nw mer rr,w ..w w •>.� Iowa City Housing.Authority_ �r r...., T—tamed•• June 30 .1.86 IwYM • aw,1 e••Mw awllr. Ir,N e•.W.r mer, ti mer. mer MIO _ •1,.-. ti.r r.r r {!�» a�,r a..rW „w �• N Iwr .,rlr4 ,wl IWN.rWI, rr,.11, r.•rr Y ..•la•e �. wYW Ir.Wr•r ti rrrrrWal ti r r.rn mei � Cir lJ.arY.•.,n.w�,�rrt r.rlr,r,.W.w..rYr.�.rr 4„r ..wP..WrITr nY b,111,.aw•► reraw Tr. Ir!•wW�O Warr,,,wriNr,rilnYr/Yel��l�r/rlll�r.rrr„1 �WYYw,. rrr,a• wrr.W mer rr,eWwrrrY,Y.rrwar alla..Y�.r.: Average rent during March, 1915. was $157.05 per unit. A turnover on three units will occur in April. The three vacating 'tmunts paid SSZT per aonth in rent white the three roam tenants will pay only $42.00 - a loss of S561'W month im rental Income. Current NUG regulations require offering units to only very low income families and charging 305 of income for rent. The high rent paying tenants are moving out. A cap rent must be adopted. Because of thaw two factors an average rent of $147.00 and 97t occupancy was utilized to project total Income. 147 x 12 x 52 x .97 • 88.980 r�wi•.Il,r,r,�llw mer rw4n Orw lrl•W Yra r,.r �Mr.I,rrrrr mer rr.�r w. UW. Naw awN wrr+IM •Ilr•rr erlr..r.lrwd.awwr Yrl�r.r l�wa.W r.11� . uwllrr YWr�r r r �• 1. wWlll„!r•rr l,.Yrerm WC] time livcl Cram❑ IarYrl L Cry, All utilities to the dwelling units are separately metered and costs Incurred are paid by the occupant. Utility. allowances are currently under review and a decision as to whether or not they will be changed will be hold until the Fair Market lent schedules are released. The PIU Is attempting to maintain some consistency between Section 8 and Public Mousing. The Authority will incur utility expenses for administrative Offices, security lights, irrigation, maintenance building and during periods when a unit may be vacant. nrwrnl.. wN,l ny11r Ir.r A trrw IwYrJ CwYr Ilam I. ,.wM� r car r•i w.lw,lw rnra ns lr.�,w tion arl�h Sw.. n,..rr !•li..l . W ,r �r.w. tlw .Ir.rr r•rwr Yerw I� arwN mdw. Tr •Mw,IM •.,.gra 11r'�•Yly aMl Irr. I. 1r� arm T. IIA L � wle n. rrwr .Y..tr r��lal�Yr�ir��Tllr Yr4[Tr a,•, r•wNaw.,a�IwW,�Y..r r.Y J_rtt Irak I. weed •W.,Ir^Y�ra..,www.-,.•-.�,�,•�.�Ilrwl.rrr wr...y.rrwrV •IwN•krrM.IfIrY•.� Il lllr mew,., w rYar mewed rime M Wa..,ua•w,. 11 wll MrwrY nam Yw Mr,l.r.w.w.nar w..111•w A�'a •..r, N •"k wYh ti YrIIWr w a...•wr cur r YrW�a Iwll,...••.r w� lie I. ,•r r,. r.Yanr �r,�w awrWl. M r.rrr lam r..wrw Y,al. WN 1.Mrr r r.r, Yrw.wae•mW r. [.nrww a.Yw N M.� 4..r arrr r a C. Gram/ Y. i ! e L l,rwr.w.rNr.rra wl.r•me r CY,w s"W Y. ,...0•r.r H 916.11 /well. w e w !. [u,r•a.rrNa,YY,wWrI.w CIMIr/r1Yy m IIr7�lWllrtillr! 1 t 1. a..rr rrN 116.1 P.M. rr.rwrrr,IN C. MAW Y..WWOI cur ilia. ! ! ! Ike I t Gs�- ' wu ,111. r:.. 1 M 11 o...n1 3udyr . •:ta:_.Irr 4i. _ Iowa City Housing Authority /1••r +.«1. .n .Ir qA �� w ..r ur.......... .rr.w �. Y••• r r.�l /../ M�•�.fr �• rte. J w� 6�r /r� lrw� mama+• r_I.r � r��/1 �••r l•+•� p.o. a:.li�..n•..r�.r •r+a /+.w rrr../.r �.r.�+w.. rrrrarr_rrea§Ww V.. E.W4r/r maW14 ai� rr�Il.w rr�.Yr w1•rrr r • $39.300 opMtllq reserve irmsted At 91 (or highest possible rate) is 13,500 Interest Income. Interest on tenant sacarity deposits will generate approximately $800 interest Ineoee. Tenant nets are dposiW directly to a savings account and wltheraw only as needed. This will generate another 1100 interest 1ntom. Interest intoe estimated at' 54.900. Ilir t'r/r. 0. Q.w r °�errr1 .-Vwlw .rwr r - rw.w.e.r.1 w lw/L ..�'--•'e:.....+w. a..w r e./r/r err• •r. mar ll r D ./r.. r... r. r.rr r r•un mar. + �w RilcelptS from coin operated laundry'equipment Is projected at S500 and is reflected on line 060 as 'Other Operating Intact.' orw.1 trrlr. •.L�y.+r ..�. mar.. r r r w.r.r rte. rrwuPlil►arrr r w ti� r mal..., r maw... 1rr111 e�r�rr rr.rr �lw�arywl..lw►.I....r•r4wr�rlr•.•rl r.�rr C/1�114 ' rr we.»tr •� C.Ir It1 a.....r.r.rrrrrrlrr•�r/rrr rl�r.wl�..y1�1.•.�^� r. w•rl. J.tJrr•....^ur/.wr/Y.rWr.rrr.r r ft mama/ r am AR r M•...marl,. r �r 4ar� /rrr i/ •� long. Ms. Lin. :'c, rn e.r/....rr..Irl..rr...r�re.lr Alr Crr ub/r wuo.raserlr.l.r rup...y ,.t.lrul urm.c.l.lu.r..wuo»surlr.w.sr»ra .: mar•. rw.y r rr.rlr Ir1+r rrw.. W n. �. r rlw mar.. ti mal mama. arr�r'•r• r h. .?• MUylAaerrwr/�rw/Y.wr..iMrr�ll�Wr,Y.r�.WO�..r.1/r.. 4w•11•w • - - /rlrMrlr�J..//a ar.rrr rte V1YIr r/T . ••`, M•r tr r J.... Oirrrr lr.r r.rALr p•L. ..».. ._.�_.._._ _ .III �� q1 11 �..r.rr.IrrrY sr.r ll � 6 I 1.20 � 26.920 '.-.•...�rrr..l sr..r Ji I 0 «I+r.r..rraar.rrrr i i 1 I l i 15.057 . dr':.nrrw114r1..r.1 1• Legal 1 .04 1.500 ... w/..rr v I M irr/ ..lr ww+r Ilrr wua.faµ r�r r •maw. w,rn/ Jrr r tri IA r r/ rrrrrrrllrrr.. �rn Ir+..., �lr.,.�rr lir r Muo.lm4 n.�. r •r•n .r.r/ .J../ r t-• lel r r/rwr/.M114r.�.. aw�� ^r M rlw ,•mar r,wYr�r 4rrrrr r.�/ H1 r�rrr r r 4wr�/ r aallwr w./ rr� 1.,. r..w lw wr mama r mar �./rrr r.rr w b r..rW w. �r uJu NW, r .mama r maw ruPA71x I 11111la • �1 nwauvl w.I�o ..w... Iwr dwwNw Bwyw . ✓-.•F x•1..111) S—rN WwM OwN ..a lwNNwww. Iowa City Housino ,Authority ,uNw June 30 IT 86 1•�. • IWy L1w Ow I�w I.NNM Mw wwwwwwwNN� wa W C, I. Nwww.wlNwr w V il,r aw,w.a� ar.� I•� 11O1�iY.r� r �wwNl N.e11.aw�� r Awe IMIYrIw 1w „Na N�wV CII l N . rwwwl.Mw.ww,wN.YrrwwMewew ��w�.ww��IwwwM�w.w G�WNwr am�lw �. 'wx,mlr.r ww+w. IIwNIW.a)laalw M.NII W �rww rw V w The Iowa City Housing Authority administers 418 units of Section 8 Existing and 52 units Public Housing. The administrative staff of .6 and mintenanu staff of 1 is authorized by City Council resolutions 084-288 and 85-66. This saes staff provides support for t4- Housing Comission, perform other studies as necessary and provides the staff support required to obtain additional units. Current staff and projected percentages follow: %Public Housing % Section a I Housing Coordinator 20 80 1 Housing Management Aide 20 80 l.Clerk Typist 20 80 3 Housing Specialists (20% each) 60 240 l Maintenance Worker I 100 I Attorney, Assistant City 2 hr./an. 4 hr./mo. ' :r ,r ,�M..V i w r rwr w "1wwNw.w l� n.r w Nup.)yr ..,w r rMwwr .YwrN ....,r err. 1� wr,wwa rw�r w,.. ...wiles 1. N,r.�r�dr,ww e.alwTY a.s..ww l�W�wwr �a.l��i,..wi Travel costs incurred will be Pro -rated beb)ses t4- the program administering 20% Public Housing and 80% Section S. , 0w,N.rawresd,wwnNw. In�wNlr C. e.4rr les, pM,r aw � ,Nr.,,I�r .wr N � Nw.� ,/ "dNw wMIIMw 4..." J Oa.�. w,.w�wa 0mw.rw-1rw,.y OMwwM�,w.I wrnwrw�,r Irv. T.. wrlw,wrw.ww rnw' M,. 11 w�Y-1w- ewes arm. rY Bo substantial increase. Units are gettingolder and will "Mira non materials/labor for upkeep. Iw•-.+•+.r.w. •..war r. wgw.r rye rY ewrr..rNw,r w..�r 1,wrwr wie.Ilmll�J,�wlww iw b...w lwr r �r C.wr erwr Tw. II IJIe r...�r les wry N...,w was m,.w ww.M A w► Contract costs Include pest control - SI.S00; office rental - $1.500; typewriter repair contract . S20; interior paint contract to be negotiated - s3,000; and the remaining $3,180 will be available for maintenance tasks beyond the capability of current maintenance personnel and wil I' be contracted for on an as -needed per Job basis. rl►1)A .. —6S6 i euro v>n r.r,wa � ..4 r.�rlml Olww.ny ani1M i 3.�f .i ew+w, m.Y � 1wwN.ww Iowa City Housing Authority n.wrrtrr June 30 ,u 86 f _ ow wv awwww6ww 4Cwwwrl 1 ) w2r*Mr wwgaww.w.aq+ww..l awgwwae-w. rmwrtw rr alINWW rJ wwaw.wwwwww +. Cwt a.asw r... CM wwewrwww,wwew r..w.w An Increase this year in insurance costs as Previous years were paid far from development costs. Units are now on than three years old. 1-- wwewa,crweew.Y U".e t. wo w awJw rev w.riwwa ea aw w.ra.ww eq JI.Iw w r Iww..wd �. w. a► .ww/wig am,wegw.www All employees are city employees (to include the Assistant City Attorney) and As such an covered under city personnel policies and union contracts. Employes benefits include paid vacations (varies Aith length of service), sick lave, low Public Employees Retirement System (IPERS) halth.and life insurance, long ten disability insurance and unemployment caroasation. wweceivlwwwS Is pr Jected.wwgwts are , ti receivable. 5800. 1s pnjeeted. Taunts an rpuind to P+Y ane month Gross ntrlbutton as a security deposit and rent collection policies are strictly an - A waiting list Is maintained and it is anticipated that actuPancy will exceed 971. [=rw1�. � 9wwwr.l [ .r..r ar....r. r rurwr. Gw rw wYa rww, r w+ �rnllunw �. w l..nirxw wwwwM �wwwwaw r.wwwa Y yw.al W>>er.ww I,r V rwwr ew. None wuPlaff w mlwwaww.�e,s,ir—ri�� i Ma03"F91= ..w gallM aseaw allows cit Nousin'Aulhorlt two kAehA4 el AM f 4 4 1 d«IM ow CItY Iowa 52210 @w W 9,4,w /r anr.w ' /ryn,r ria. aM a..r.ah aY•auwA � �— June 30, 1906 0 809 Percentoap of time 25,872 0 809 an 16,024 0 . 809 1 Housing CoordlM ler -MT 31.0% 2,340 12 32.340 The part-time specialist Increased (17,732 full time as per Resolution 184-286 ON eq Percentage of time 0 0 I Housing Management Aide A-11 19,260 0,030 12 20,030 r3.146 I Clerk Typist - leased Housing A•M1 15,104 5,730 12 15,730 3 lousing Specialists A•H7 65,005 66,500 12 66,500 13,302 (annual annual answa)) 4.434 at IM) 21,695) 22,166 22,166) 1 Maintenance Harker I M 13,214 16,051 12 15,057 1009 15,057 ' 1 Attorney Fees 0 4,000 4,500 12 1.500 339 (tbw on line 1 of 52571 and do not 1,600 count as administrative salary) I 11ni 154.167 12 154.157 7EW— �— June 30, 1906 0 809 Percentoap of time 25,872 0 809 Percentage o1 time 16,024 0 . 809 Percentage or time 12,584 0 63,190 The part-time specialist Increased (17,732 full time as per Resolution 184-286 ON eq Percentage of time 0 0 Increased to full slaw per Resolution 8 85-66. 679 2 hours per menlh Publ lc housing 3,000 4.5 hours per month Section 8 , i 0