HomeMy WebLinkAbout1987-12-22 Ordinance.o•
ORDINANCE PD.
TI ORDINYINCE A EFmING CVA
TIPTER 33 ENT ED "UTILI-
ES" CF THE CODE CF ORDINANCES OF THE CITY OF IMIA
CITY, IOWA, BY AMENDING SECTIONS 33-46 AND 33-166
AND BY REFFALING SECTION 33-167 THEREIN TD PROVIDE A
1MFOR4 PROCEDURE FOR BILLING AND COLLECTION OF
SEWER AND WATER SERVICE ACCOURS.
BE IT ORDAINED BY THE CITY COMM OF a CITY OF
kOWA CITY, IOWA, TWAT;
seu ION I. That Chapter 33, "Utilities," of
e rdinances of the City of lova City, Ia ,
be, the same is hereby aranded by rope r
Section 46, and enacting in lieu ng
thereof new
section be codified the sane to read as
Sec. Billing Plncedures - deli lrns:
taunts - col action precalm. t ac -
(a) Billing uency - Delinquent Ac unts.
Al us s shall be billed ei er monthly or
bimonthly.
shall Billings for any rticular period
ft Ied to users thin thirty (30)
days after t end of t
are due as of U date billlirgs are maailedS
which date shal be billirg date. /ny
payment not recei thin fifteen (15) days
after the billing d shall be delinquent.
As to locatio t vhich city sever and
water service is ing provided, the
user's/cons mer' acco shall be billed and
collected as single c nal account. In the
eve t of a d ingaency in
sewe serv/(ce or Sit as to either
payments all be credited fi te, subsequent
u seq ent
Min -
quest bill or bills, and then
billing! the current
m/tne event that a user fails to
user's bill for seva Y service
er Ply the
within thirty (30) daysafter the bill s datee
service may be discontinued, follavi due
n6tice, or such charges may be certified b the
city council and assessed against the pro he
ty
/connected with the sevage disposal systen
forwarded to the county auditor for collection
in the same manner as a Property tax.
(b) Notice of Service Discontinuance - Hearing.
The deparUnent of finance may discontinue
for a sservever sece to rvice asupplied, after giving
the user notice and an opportunity for a hear-
ing before the director of finance or his/her
.. designatai representative. The notice shall be
mailed by first class mail to the affected user
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Ordinance No.
Page 2
rot less than 24 days in advance of discontinu-
ance, shall be postai at the service location
or locations not less than five days in advance
of discontinuance, shall state in writing the
reason for discontinuance of service, shall
identify the account or accounts and service
location or locations for which payment is
delinquent, shall state the amount or amounts
of such delinquencies and service charges,
Shall identify the service location or lova-
ions at which service will be discontinued
shall state the date or dates on which su
S
er ice will be discontinued.
(c) Disc tinuance of Sewer Service - Locati with
Joint ,er and Water Accounts.
When a user's account for sewer s ce at a
z
location served by city water and sew r service
t is delinquent as provided in (a) ove, sewer
service nwy be discontinued b the city's
j cessation of water service at hat location.
E Cessation ofl,water serviceat the city's
Option, be accomplished by shutting off the
service water valve at the top box, if avail-
able, or removal of the u is meter.
(d) Discontinuance of Sew Service - Locations
with Sewer Service Onl .
4hen a user's acco t for sewer service at a
location seryal by ty seder service, but rat
by city water se ice, is delinquent as pro-
vided in (a) ab seder service may, at the
city's option, discontinued either by dis-
connection of he user's semi service line
from the city' sewer main, or by plugging said
service line
(e) Discontinua ce of Sewer Service Users with
Multiple counts at Multiple Si
Notwit standing (c) and (d) IQe, when an
individ 1 user is billed under twu or more
account for sewer use at two or more parate
seder service locations, a delinqu in
pa t for service provided at any one or re
of said locations shall be cause for he
cit to discontinue service at all service
1 -ations serying that user, regardless whether
accounts for use at such other locations
delinquent.
(f) toration of Service - Fees and Charges.
Upon payment of all delinquent sewer service
fees, and water service fees where applicable,
and service charges as hereafter provided, the
city shall cause the user's sewer service to be
restored. A use whose sewer service is to be
restored by restoration of water service shall
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Ordinance No.
Page 3
Pay the carding fee for ized by
Section 33-169(c) and et shut-off forth atSectionn
32.1-73 of the Code of Ordinances.
A user whose sewer service is to be restored
by reconnection of the user's sewer service
line, or removal of the plug therefran, shall
pay as a service charge the city's actual cost
of disconnection or plugging, and the estimated
cost of reconnection or unplugging of the
service line or lines involved. The user will
be credited or billed for the difference be -
the estimated and actual cost o
r onnection or unplugging.
shall be Prohibited for any per to
resto or attempt to restore, witho city
authors ation, sewer service at a ocation
vhere se r service has been disc inued by
the city.
(9) In addition the above, the cit shall have a
lien upon t property of any u or Property
aver vho has ailed to pay f r sewer service
supplied. Afte notice and lic hearing, the
city shall adopt by resol ion and the city
clerk shall certif the unt of the lien and
file the same with a ounty auditor. Such
lien shall attach to Property which was
served upon certifica n by the city council.
Liens perfected in is manner shall be as-
sessed against the prope to the extent of
the balance due the cit for sere- service
supplied and loss s incurred ' perfecting such
lien. Such I shall be en ed until pay-
ment of the cl im. Wen the li is satisfied
by Paynent o the claim, the ci shall ac-
knowledge tisfaction thereof file a
release wi the county auditor. Provided
further, ever, that any rental operty
Owner or ager shall furnish to the •ty in
writing the name and forwarding addres and
telep number (if knowfoma ten is
whohg a vacated the premises vJhere sewer bil
are st due and unpaid, providing this infor-
mat• n shall cause the city to forbear filing
.o• t lien provided for in this section.
(h) director of finance is authorized to charge
fee for delinquent sewer service accounts.
e anOnt of such fee shall be as set forth in
the Schedule of Fees, Section 32.1-73. Sewer
service to a Property Wch has been discontin-
ued Pursuant to this section may be resumed
provided that the customer or property owner
pays the delinquent amount plus any additional
o; fees and charges. Sewer service to rental
Properties shall be resurel notwithstanding
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Ordinance No.
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In the event that a consurer fails to pay
the consuner's bill for water service within
thirty (30) days after the billirg date, serv-
ice may be discontinued, following due notice,
or such charges may be certified by the city
council and assessed against the property
connected with the hater system and forherded
to the county auditor for collection in the
sere manner as a property tax.
(b) Notice of Service Discontinuance - Heari
The department of finance may dis ontinue
ha er service to any consuner who has ailed to
paY
for the he
supplied, after giving the
cons notice and an opportunit for a hear-
ing be ore the director of fin ce or his/her
designs representative. notice shall be
mailed b first class mail to the affected
consumer t less than 24 ays in advance of
discontinua ce, shall be sted at the service
location or ocations less than five days
in advance o discont' uance, shall state in
writing the r an f discontinuance of serv-
ice, shall ide 'fy account or accounts and
service location locations for which payment
is delinquent, shall state the anarnt or
amunts of su elinquencies and service
charges, shall denti the service location or
locations at ich se ice will be discontin-
ued, and sha state th date or dates on hhich
such servi will be disc tinued.
(c) Discontin nce of Water Se ice,
When consuner's accoun for water service
at a rticular location delinquent as
provid in (a) above, water ervice at that
locat on may be discontinued b shutting off
the service water valve at the top brnc, if
av lable, or renoval of the cons s meter.
(d) D' continuance of Water Service - Consuners
th Multiple Pccounts at Multiple Si
Notwithstanding (c) above, when an ivid-
ual tonsure is billed oder two or rro ac-
counts for water consunption at two or re
separate hater service locations, a delinque y
in payment for service provided at any one
more of the said location shall be cause for
the city to discontinue service at all service
location serving that consunr, regardless
whether the accounts for consunption at such
other locations are delinquent.
(e) Restoration of Service - Fees and Charges,
Loon p3ynmt of all delinquent hater service
fees, and save- service fees where applicable,
and service charges as hereafter provided, the
city shall cause the consuner's water service
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(9)
Ordinance P✓o.
Page 6
to be restored, A consumer Vhose Hater service
is to be restored shall pay the carding fee for
Shut-off authorized by Section arding(fe
set forth at Section 32c) and
,1-73 of the Cie of
Ordinances,
to shall be prohibited for any person to
restore or atter t without city
( authorization, watertoservicereat a location
the city,t� service has been discontinued by
(f) In addition to the above the
a r0hals failed
Af notice and publ
adopt by resolution
certif the amount
same wi the county
attach to, the om
perfected irl 'thi,
against the \ P
balance due to �te
losses incurred•i�
lie, shall be enf
claim, ',hen 1
of the claim the
faction Hereof
county auditorin
is situated,
an rental p pertd
furnish to I cit
�forwad ress
premises oaf nne
ere wat
unpaid, viding th
the Cit to forbear
far in is section.
The d' ector of fdnan
a f ford 1 '
S/ Y do
and
ter bil
I i
fili
I City shal have a
tY of any user a Property
to PaY for Hate s pplied,
is hearing, city shall
ad the cit clerk shall
of t're li and file the
auditor. Such lien shall
�Y whd was served u
city council, Liens
nner shall be assesses
the extent of the
V far water supplied ad
ectsng such lien, Such
� until payment of the
is satisfied by PaYn�t
;hall acknorlxlge satis-
e arelease with the
ty where tle ProPe ty
Cher, hoHever, that
n °r rona9e shall
tel ung the none and
tele nurber (if
rho ve vacate
Is are past due and
nformati shall cause
the I' Provided
ce is authorized
The anouat of such water service a ocuntse
Schedule of Fees that' be as set fn
rV ce to a + Section 32,1-73. thin
u� pursuant Pto this section
has been discontter
provided }lot to this section may be resun
PaYs the delin the customer or P0rty aner
fees and cha quem amount plus any additional
Properties shall Water service to rental
failure of the n resumes notwithstanding
occupying the l�rsons formerly living there or
bills povid� anises to have paid all water
vacate the r that all such persons have
the rental Penises as verifi� in Writing by
property o mer or manager.
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Ordinance hb.
Page 7
(h) Regulations Regarding Billing and Maintenance
of Water Service Account Records.
The director of finance is authorized to
adopt and promulgate rules regulations riot
inconsistent with this Chapt r regarding bill-
ing procedures for water service accounts,
egardirg the maintenance of records on such
counts, and regarding ollection procedures
fo such accounts.
SECTION That Chapter "Utilities," of the
C e 0 antes of the ity of Ioa city, Iowa,
be, and the is her amaided b repealing
Section 33-167.\\ y y
declaresillegal cr vo'
of this Ordinance,
unlawful provisions,
for and effect, N
contains ro illsg I o•
SECTION 5. REPEAT R_
CLAUSE, If any of the
lance are for any reason
then the lawful provisions
are severable fron said
1 be and remain in full
ane as if the Ordinance
provisions.
1 inances and parts of
oraanances in conf ict with provisions of this
O dinance are her y repealed, These are: (1) Ord.
hb. 76-212, SII 6/22/76; (2) Ord. hb. 81-3021,
87-3341, Section/5,29 8/87 5/5 (3) Ord. hb.
SECTION 6. EFFE IVE DATE. This Orth ante shall be
an u orce a e from and of its final
passage and pub ication as by law provid
Passel and a roved this
ATTEST:
CITY CLEW
e Ivxl AA9+ovos9
� .. Depena,em
MY -7
/7 PlAme
99
ORDINANCE N). 37-3355
PN ORDINANCE PhENDIM CHAPTER 31, ENTITLED "STREETS,
SIDEWALKS, IPO RIBLIC RACES," OF TIE CODE OF ORDI-
NANCES OF TIE CITY OF IOWA CITY, IOWA, BY WMINB
SECTION 31-11 TIEREIN TO ADD A PROVISION REWIRING
IPJ EROSION CONTROL DEPOSIT AS A CMITION TO THE
ISSUANCE OF A BUILDING PER41T.
BE IT ORDAINED BY 11E CITY COLNCIL Of THE CITY OF
IOWA CITY, IOWA:
SECTION I. PURPOSE. During construction, dirt,
mud, grave of debris is often deposited on
public rights-of-wey by persons involved in con-
struction projects. The purpose of this ordinance
is to require clean-up escrow deposits as a ccrdi-
ticn to the issuance of building permits in order to
cove the cost of cleaning the dirt, mud, gravel or
debris from the public streets, storm sewers, gut-
ters or catch basins %hen a builder or owner does
rot do the clean-up nark.
SECTION II. That Chapter 31, "Streets, Side-
walks, air Pu is Places" of the Code of ordinances
of the City of Iowa City, be, and the same is hereby
amended by repealing Section 31-11, and enacting in
lieu thereof a new section to be codified the sane
to read as follows:
"Sec. 31-11. Nuisance; debris on public right-of-
way.
(a) No owner or person in possession or control
of any property shall deposit or allow to
be deposited by any means, including but
not limited to, erosion, use of construc-
tion equipment, or tracking by vehicles,
any dirt, mud, gravel or other debris of
any sort (hereinafter collectively referred
to as "debris") upon the public right-
of-way. Such deposit of debris upon the
public right-of-way is a public nuisance.
As used in this section, the tem "public
right-of-way" includes public streets,
alley, sidewalks, and storm sewers, gutters
and catch basins.
(b) In the event that debris is deposited upon
the public right-of-way as described in
o, subsection (a), the owner or person in
possession or control of the property from
which the debris was deposited shall be
responsible for removing the debris from
the public right-of-way promptly without
notice or demand, and in no case late than
the same day when the debris vas deposited.
If the owner or person in possession or
control of the property fails to remove the
o debris in a timely manna as prescribed
herein, the City may, after reasonable
old
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oral notice to the owner or person in
possession or control of the property,
remove the debris and assess the cost of
such work against the property for collec-
tion in the same manner as a property tax
if there is no clean-up escrow relating to
the Property as described in subsection
(c) Notwithstanding any other provisions of
this section, whenever, in the judgement of
the Director of Public Works or the Police
Chief, an erergency exists creating a
health or safety hazard which requires
immediate removal of debris fran the public
right-of-way, the City my remove the
debris, and charge the clean-up escrow
Provided pursuant to subsection (d) or
assess the cost of removal against the
Pr'oPerty for collection in the same marmer
as a property tax. Haever, prior to either
charging the costs against the escrow or
making the assessment, the City shall give
the property owner written notice of an
opportunity for a hearing, before the
Director of Public Works or his/her desig-
nee, concerning the amount of the charge or
assessment.
(d) Prior to issuance of any building permit,
an applicant shall establish a rash clean-
up escrow with the City Treasurer to serve
as security for the cost of cleaning debris
from public rights -of -ray near construction
sites during the construction period.
(1) Deposits shall serve as security for
the cost of clean-up which the City
incurs when debris is deposited on
public rights-of-way by erosion frvn a
constructionsite, by construction
equipmnt, or by tracking by vehicles
entering or leaving the site, and the
:j right-of-way is not cleaned by the
Person or persons responsible for the
clean-up, and the City performs the
work.
(2) The amount of the clean-up escrow
shall be established by the City
Council by resolution, and my include
an amount for individual lots, as well
as a builder's or contractor's deposit
covering work on more than one lot.
(3) After all erosion control measures
have been copleted, and after issu-
ance of the occupancy permit, the
unused portion of clean-up escrow
shall be refunded within 30 days of a
request for return of the deposit.
/7 96
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(4) Notwithstanding the foregoing, if the
clean-ip escrow is not sufficient to
cover the cost of work by the city,
the balance of such costs may be
assessed against the property for
collection in the sane manner as a
tax.
(5) If a builder's/contractor's deposit
aunt falls bels eighty percent
building inspector of anount required, the
rg is authorized to
withhold new building permits and to
stop vmrk on all of such
builder's/contractor's projects until
I the escrow is restored to the full
I amount (100%) required.
4 SECTION III. REPEALER: All ordinances and parts of
o inances in conflict with the provision of this
! ordinance are hereby repealed.
SECTION IV. SEVERABILITY: If any section, provi-
sum or part at e Urdinance shall be adjudged to
be invalid or unconstitutional, such adjudication
shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not
adjudged invalid or unconstitutional.
r.
SECTION V. EFFECTIVE GATE: This Ordinance shall he
Te a r c s final passage, approval and
publication as required by law.
Passed and approved this 22nd clay of
December, 1987.
o o`�
Yu
ATTEST: -,e
CITY CLERK
-°7x
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/7'0
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It was moved by McDonald
that the Ordinance as rea and seconded by Zuber
e a op ed and upon roll ce ere were:
AYES: NAYS: ABSENT:
AMBRISCO
—x BAKER
—X COURTNEY
_ DICKSON
R MCDONALD
Y STRAIT
X ZUBER
First consideration 11 17 87
Vote for passage: yes: trait, uber, Ambrisco, Baker,
Courtney, McDonald. Nays: None. Absent: Dickson.
Second consideration 12!1/87
Vote for passage: Ayes: Dic�McDonald, Strait
Nays: None. Absent: Ambrisco, Baker, Courtney. , Zuber.
Date published 12 I�/87
/7 90
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ry
STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Steve Morella
Item: V-8705. Vacation of right-of-way Date: November 5, 1987
GENERAL INFORMATION:
Applicant:
Requested action: City of Iowa City
Purpose:
Location:
Size:
Surrounding land use and zoning:
Applicable regulations:
SPECIAL INFORMATION:___
Public Utilities:
Transportation:
Vacation of a portion of the
north -south right-of-way of
Clinton Street abutting Outlot
1, County Seat Addition.
To make the right-of-way
available for leasing to the
National Guard Armory for
Parking.
East part of Clinton Street,
adjacent to the National Guard
5,460 square feet (19 1/2 ft.
right-of-way width by 280 ft.
length).
North - Public; p, County
Administration Building
East - Public; P, Armory
South - Public; P, Animal
Shelter
West - Intensive Commercial;
CI -1
Chapter 364 of the State Code
of Iowa.
The City has utility lines in
the right-of-way. The utili-
ties currently located in the
right-of-way are electrical
(overhead lines) and a sanitary
sewer line.
The right-of-way is not needed
to provide public access.onluirincc The
belongsro�eortter National aGuaess
rd
Armory which proposes leasing
the vacated section of the
right-of-way to establish a
private parking lot.
/Nur
Physical characteristics:
The topography is flat.
ANALYSIS:
The Iowa Army National Guard initially proposed leasing a section of the
right-of-way (cited in the October 14, 1986, letter from the Iowa City
Headquarters). The National Guard's plan is to acquire the right-of-way
to construct a parking lot on the west side of their building to compen-
sate for parking that was lost due to an addition to the maintenance
facility located with the Armory (see attached plat).
According to the opinion of the City's legal staff, a city may not allow
perversion to private use of a street so long as it remains a street (see
enclosed memorandum, July 22, 1987). The City, therefore, proposes
vacation of a portion of the right-of-way to allow leasing the vacated
section to the National Guard. The proposed vacation is excess right-of-
way not needed for street purposes and would not be detrimental to the
use, enjoyment and development of property located in the vicinity.
The only utilities currently located within the right-of-way are elec-
trical overhead lines and a sanitary sewer. The location of two utility
poles and guy wires will be in the area of the vacated right-of-way. A
utility easement should be reserved over the entire right-of-way for
access to these lines and the sanitary sewer.
Economic Review
The vacation of the right-of-way would remove the property from its use as
street right-of-way. The vacated section of the right-of-way would then
be available for leasing as City property.
The vacation and leasing of the right-of-way would realize for the City an
annual revenue of an amount agreed upon for leasing the property.
STAFF RECOMMENDATION:
Staff recommends that the vacation of the right-of-way be approved as
requested, subject to the provision of a utility easement over the right-
of-way.
ATTACHMENTS:
1. Location map.
2.Legal Description/Plat.
3. Letter from the Iowa Army National Guard dated October 14, 1986.
4. Letter from the Iowa -Illinois Gas & Electric Co, dated October 23,
1987.
.o• 5. Memo from Richard J. Boyle, First Assistant City Attorney, dated July
22, 1987.
6. Site sketch. �l[[
Approved by: ; a�
Do ald Schmeiser, Direc or
Department of Planning and
Program Development
79S
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' Location of Right -of -Way
for Vacation
109 MED -OMS
IOWA ARMY NATIONAL GUARD
HEADQUARTERS, 109TH MEDICAL BATTALION
925 South Dubuque Street
Iowa City, Iowa 52240
City Council of Iowa City
Civic Center 410 E Washington
Iowa City, Iowa 52240
Members of the council:
14 October 1986
As completed
me
y b0 aware of, the national Guard in Iow +_
Arm an addition to the maintenance facility a C t, has recently
Or' at 925 S Dubuque Street in Iowa Cit y located
away from the parkin s y. The with they
Currently we cannot nark ace for milit addition fi has taken
In the all of the vehiclesvehicles he Armory,
Parking space still availible. assigned to Iowa City
We are currently pursuing two
park all our vehicles in fencedl ompoundaans that wadls enable us to
one plea we would be moving our tom latent to the Armooe again
fenced parking lot end la n, pound fence to the north �' With
parking lots on the west side oUTder this plan we would want totinstalln
tary park g that would bs our biuldin
ant parkin lost, g to compensate for the non_
west side
Ing
bitiding d W would w The other plan would leave our
ant to'install a fenced compound'on they_
The currant property line on the west side of the biulding runs about
twenty (20) feet from the biulding, In order for either
able we would need to go an addition
into the city right of wa al twenty (20) feet from tlan he be lding
Planning Office y' In talking with Ms, Franklin a biulding
council, we were informed that this would t from the City
he
take this We Would like to request that at this tiaeetthe approval ofthe cit
matter under consideration, the city co tci
We understand that if an y council
ever require y underground services that may 4 service we would be resposible for y exist in the
area caused by any none W service work, area
no additional drivewaysany damage to our perking
will be un would also like to note that
utilized under either plan
I have attached copies of our
most anytime to answer questions thaatthe Plans
matter, bq tele Placouns and would be availible at
bar most d Phone 8:00numbA,My _2272 and I can be reachedy have that this
days between 8;00 and 4:30 P.M, a num
Sincerely yours,
aw
W. PETERS
SFC, Iowa ARNG
/744AIr
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City of Iowa City
-- MEMORANDUM
Date: July 22, 1987
To: Stephen J. Atkins, City Manager ��jp/
From: Richard J. Boyle, First Assistant City Attorney (�IYU
Re: Use of Street Right -of -Way I
Under Iowa Law, a "street" includes the right-of-way from side to side and
end to end. That is, everything between property lines is street.
Property which is devoted to public use, such as parks, streets and al-
leys, may not be conveyed in disregard of the public good. Lerch v. Short,
192 Iowa 576, 185 N.W. 129 (1921), nor may such property e a iena ed
(i.e. sold) or diverted to other uses without legislative authority.
Carson v. State, 240 Iowa 1178, 38 N.W.2d 168 (1949).
Iowa Code (1987) Section 364.12 provides that cities are responsible for
the care and maintenance of their streets and for keeping them open and
free of nuisances. Streets are held in trust for the benefit of the
general publics and cities cannot put them to any use inconsistent with
street purposes. There is no implied right to grant to individuals the
right to use streets for business (Gates v. City Council of Bloomfield,
243 Iowa 1, 50 N.W.2d 578 (1952)) or other private purposes77—Tow in v.
City of Waterloo, 237 Iowa 202, 21 N.W.2d 705 (1946) In that case, e
court sai ere was no right to allow a newsstand on the public sidewalk.
While a city may vacate a street, it cannot allow its perversion to other
or private uses so long as it remains a street, nor can a city grant the
right to permanently occupy any part of the street with any structure or
device for private use. Lacey v. City of Oskaloosa, 143 Iowa 704, 121
N.W. 542 (1909).
In short, cities provide streets for use by all citizens, not as places
for businesses to place structures or goods.
tp2/2
cc: Terrence L. Timmins, City Attorney
IN
IOWA -ILLINOIS GAS AND ELECTRIC COMPANY
IOWA CITY. IOWA
October 23, 1987
Mr. Steve Morello
Planning and Program Development
City of Iowa City
410 E. Washington St
Iowa City, IA 52240
Subject: Iowa Army National Guard
i
s
Dear Steve:
Iowa -Illinois Gas and Electric Company requests easement rights to
be retained in the proposed right--of-way vacation area. The
easement is required for the ingress, egress, maintenance and
overhang rights of the three phase overhead electric line
constructed on the east side of Clinton Street.
Two of the three utility poles and associated guy and anchors are
located in one or more parking stalls. The utility poles are
located 1516" from the curb while the edge of the parking lot is 14'
from the curb.
The overhead line could be relocated at the expense of the customer.
Will you please send me a copy of the legal description of the
easement for this parcel to file with our records?
If you have any questions or comments, please call me. My number is
338-9781 ext 66.
Sincerely,
J. E. Mack,
Supervisor Engineering
Distribution Division
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City of Iowa City
MEMORANDUM
DATE: November 13, 1987
TO: planning & Zonin, Commission
FROM: Karin Franklip jQ�
RE:Vacation of Clinton Street
Enclosed are revised plans for the vacation of a portion of Clinton
Street and the proposed parking by the National Guard.
The Guard has agreed to the following:
1. posting signs for an entrance only at the north curbcut and
an exit only at the curbcut to the south;
2. eliminating parking spaces where there is conflict with
utility poles;
3. paving the parking surface;
4. providing an 8" poured concrete square cap curb on the west
line of the parking area; and
5. closing the curbcut north of the exit.
71r
r
cy
ORDINANCE NO.
AN CIMNANCE TO VACATE A PORTION OF THE CLINTCN
STREET RIOMCF-WAY BETWEEN Bgm STREET AND
KIRH M AVM.
WEFEAS, the City of Ioa City has received a
request fran the Iowa Amy National Guard to use a
portion of the Clinton Street right-of-way for
parking; and
WEREAS, this portion of Clinton Street is not
d needed for public access at this tirre; and
i WiERFAS, any existing utilities in the right-of-
way will be protected through the lease negotiated
between the City of Iowa City and the Ioa &V
National Guard.
NOW, THEREFORE, BE IT OROA ED BY THE CITY
COLNCIL OF THE CITY OF IM CITY, IOWA.
SECTION I. That a portion of Clinton Street, more
particularly described below shall be vacated as
public right-of-woy:
Camencing at the southwest cure of Outlet 1 in
that part of Ica City, lam, lam as the Canty
Seat of Johnson County, according to the rmrdnd
plat thereof; thence North along the West lire of
Outlet 1, 49 feet to the point of beginning;
thence West 23 feet 6 inches 1XIT81 ianlar to the
West line of Outlet 1; thence North 251 feet
parallel to the West line of Outlet 1; thence 23
feet 6 inches East; thence 251 feet South along
the West line of Outlet 1 to the point of
beginning, located in the City of Ica City,
Iowa, Canty of Johnson, State of Ione.
SECTION EI KMER. All ordinances and parts of
ordinances in conflict with the provisions of this
ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section,
provision or 'part—OF the Ordinance shall be Wdjutai
to be invalid or unconstitutional, such aOdicatim
shall not affect the validity of the Ordinance as a
Ale or any section, provision or part thereof not
adjudged invalid or unconstitutional.
SE_CTICfi IV. EFFECTI D4 This Ordinance shall
be in effect after its final passage, approval and
publication as required by law.
Passed and approved this
PWYOR
ATTEST:
CITY CLERK
R .:qj,•: rJ
/7`S
ORDINANCE NO. 87-3356
AN ORDINANCE TO A+EPD TIE ZONING ORDIWVJCE TO RE-
QUIRE A DM STFATION OF SPECIAL CIRCM7ANCES FOR
TIE GRANTING OF CERTAIN SPECIAL EXCEPTIONS.
MEW -AS, the intent of the City in providing for
a special exception for the modification of a yard
requirerent is to provide relief fran the dimen-
sional requirernents of the Zoning Ordinance only in
those cases where special circumstances prevail; and
/WERFAS, the language of the Zoning Ordinance
requires aner*mt to clearly demonstrate this
intent.
NOW, HEREFORE, BE IT ORDAINED BY THE CITY OF
IOHA CITY, IOWA, TWAT:
SECTION I. A4 UENT. Section 36-69(b) of the Iowa
i y ode o finances is aneded by deleting that
section and inserting the following in lieu thereof:
(b) A special exception may be granted by the Board
of Adjustment modifying yard requirements when
the awns- or lawful occupant of property denen-
strates that such person's situation is pecu-
liar to the property in question, that there is
practical difficulty in carplying with the
dimensional requirements of the Chapter and the
conditions of Section 36-91 can be net.
SECTION II. REPEALER: All ordinances and parts of
ordinances in conflict with the provision of this
ordinance are hereby repealed.
SECTION III. SEVERABILITY: If any section, provi-
sion or part of the Ord r>ance shall be adjudged to
be invalid or unconstitutional, such adjudication
shall not affect the validity of the Ordinance as a
whale or any section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE: This Ordinance shall
be in effect after iins passage, approval and
publication as required by law.
Passel and approved this 22nd day of
December, 1987.
i
t C -U3
ATTEST:
.n•
(IJP
Recolvxl & Approves:
ey obi a TIA.
�s �_
.0-
It was moved by !MDonald and seconded by Strait ,
that the Ordinance as read e adopted and upon roil call ere were:
AYES:
NAYS: ABSENT:
X
AMBRISCO
-7—
BAKER
COURTNEY
—�
DICKSON
)T
MCDONALD
_--
—_ —_ STRAIT
X
ZUBER
First consideration 12/1/87
Vote for passage: Ayes: McDonald, Strait, Zuber, Dickson.
Nays: None. Absent: Ambrisco, Baker, Courtney.
Second consideration ----
Vote for passage
Date published 12/30/87
Moved by McDonald, seconded by Strait, that the rule
requiring ordinances to be considered and voted on
for passage at two council meetings prior to the
meeting at which it is to be finally passed be
suspended, the first consideration be waived and
the ordinance be voted upon for final passage at
this time. Ayes: Courtney, Dickson, McDonald,
Strait, Zuber, Ambrisco, Baker. Nays: None.
Absent: None.
/ 7 G`
.11
ORDINMCE NO. 87-3357
ORDINANCE 70 AMEND THE PROVISIONS OF Tif INTENSIVE
CWfRCIAL (CI -1) ZONE TO ALLOW SMALL SCALE INDUS-
TRIES AND SIMILAR USES AS PROVISIONAL USES Wr MIN
THE CI -1 ZONE.
WHEREAS, in an effort to foster economic diver-
sity within the annuity, the City wishes to en-
courage the developnent of certain types of
entrepreneurial and shell scale industries; and
WEREAS, the characteristics of the general and
heavy industrial zones are not conducive to the
developrent of shell scale, start-up industries; and
WE1EAS, shell scale rrenufacturing and asserbly
uses which conform to the performnce requireurents
of the Zoning Ordinance are appropriate uses in the
CI -1 zone and will be ompatible with other uses
allowed in the CI -1 zone.
NOW, THEREFORE, BE IT ORDAINED By THE CITY OF
IOA CITY:
SECTION I. INEmNm.
ec urn - (c) of the Code of Ordinances
shall be amended by inserting the following new
subsection:
(4) Uses engaged to any extent in light nenu-
facturing, carpaunding, assmbly and/or
treatment of articles, provided:
a. The total floor area shall not exceed
b. The lot feet;
On which the use is located is
not contiguous to a lot with a use
awned or operated by the sarin person;
C. A person intending to establish sudh
use can denonstrate carpliance with the
perfornence standards of Section 36-76
through certification by a registered
Professional engineer on other quali-
fied person; and
d. The follaing uses shall be Prohibited:
1. Chmdcals and allied products,
manufacture of.
2. Disposal, reduction or durrping of
dead aninels or offal.
3. Explosives, manufacture of.
4. Graineries.
5. Iron and steel foundries.
6. Leather tanning.
7.h@at packing,
8. Motor vehicle manufacture.
9. Oil refining and alcohol plants.
10. Petroleun refining and related
industries.
11. Poultry processing.
/7197
V'
O
Ordinance No. 87-3357
Page 2
12. Production of stone, clay, glass,
including Portland cement plants
and quarries.
13. Radioactive waste storage or dis-
posal.
14. Rubber and plastics, manufacture
of.
15. Saunills.
16. Stockyards and slaughterhouses.
17. Textile mills.
B. That Section 36-23(d) of the Code of Ordinances
shall be amended by inserting the following new
subsection:
(4.5) Uses engaged to any extent in light manu-
facture, compounding, asseibly ardlor
treabneht of articles, as provided in
Section 36-23(c)(4), where the total
floor area exceeds 5,000 square feet;
provided, heaver, that the total floor
area shall not exceed 10,000 square
feet.
SECTION II. WYENB: All ordinances and parts of
ordinances in c ,ct with the provision of this
ordinance are hereby repealed.
SECTIONIII. SEVERABILITY: If any section, provi-
sion or par a urummice shall be adjudged to
be invalid or unconstitutional, such adjudication
shall not affect the validity of the ordinance as a
whole or any section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE: This Ordinance shall
be in effect after its Mal passage, approval and
publication as required by law.
Passed and approved this 22nd day of
December, 1987.
YOR
ATTEST:223*�.^J
cln CLERK
VWWad a Apjowd
By tfha C&I DoT,, rtt�m��eejnt
r/ 7VJL
1747
It was moved by _'!c0onald and seconded by Zuber
that the Ordinance as rea e a op ed and upon roll ce e wer
t ere:
AYES: NAYS: ABSENT: ,
X AMBRISCO
X —BAKER
X COURTNEY
X DICKSON
X MCDONALO
T -
STRAIT
_ ZUBER
First consideration 11/17/87
Vote for passage: Ayes: Baker, Courtney, McDonald,
Strait, Zuber, Ambrisco. Nays: None. Absent: Dickson.
Second consideration 12/1/87
Vote for passage: Ayes: Strait, Zuber, Dickson, McDonald.
Nays: None. Absent: Ambrisco, Baker, Courtney,
Date published 12/30/87
.o•
174 7
I.
STAFF REPORT
To: Planning and Zoning Commission From: Barry Beagle
Item: Z-8707. Northwest Corner of Date; November 5, 1987
Kirkwood Ave. & Dodge St.
GENERAL INFORMATION
Applicant:
Keith Achepohl, Owner
630 Park Road
Iowa City, IA 52240
Requested action: Phone: 337-5788
Rezoning from P to RS -8.
Purpose;
Compliance with Section 36-30(g)(1) of
the Zoning Ordinance.
Location:
Northwest corner of Dodge St. and
I Kirkwood Avenue.
Legal description:
Lots 7 and 8, Block 3
Site size: Borland Place.
25,500 sq, ft.
Existing land use and zoning:
Vacant; P.
Existing improvements:
Old Kirkwood School.
Surrounding land use and Zoning: North -Residential; RS -8.
South - Residential; RS -5.
East - Residential; RS -5.
West - Residential; RS -5.
Comprehensive Plan;
Medium Density Residential (8-16 DU/A)
File date:
45 -day limitation period: September 28, 1987
BACK�ND November 12, 1987
Mr. Keith Achepohl has
made application to rezone the site of the Old Kirkwood
Schoolhouse, at the
northwest corner of
Public Zone, to the RS -8 Kirkwood and Dodge
Built in 1892, the two and one-half Density Single-Famiig Streets, from p,
a shop and maintenance facilityb (2-172) story Schoolhousehasbeenalusednas
the last several years. Two 2 y the Iowa City Community School District for
north end of the schoolhouse duringethev1970rsge additions were built onto the
lots with the schoolhouse sitting on the easternmost site consists of two (2
parking area occupying the northern portion of the adjacent lot
(Lot 8) and a paved
After a lengthy stud (Lot 7),
the property. Mr. AchepohlsPurchasedol tthetsiterlier this approximatelaronee(1) to sell
and has been in the process of renovating the structure. He intends to use the
( ) month ago
/74ft
-2-
schoolh
his
portiionoofethe sgarage raddition into anpapartmenttu nit' which pwouldlbe Permitted m
in the RS -8 zone. Section 36-30(g)(1) indicates that should any land owned by
a government entity ..be sold, conveyed or transferred to anyone other than
the government... the buyer or transferree must submit an application to the
City for the rezoning to a zone other than the Public Zone...
ANALYSIS
e,seing8 isity goResidential)
zoning
orth25500sgftsite. The sitium esboundedto thenrthbytheRS-8zonefanehe
south, east and west by the RS -5 zone. Based upon the character of
surrounding residential property, either RS -8 or RS -5 zoning would be appropri-
ate. The 1983 Comprehensive Plan Update recognizes the area west of Dodge
Street and North of Kirkwood Avenue as being appropriate for medium density
residential development (8-16 DU/A) for which RS -8 zoning would be appropriate.
It should be recognized that Lot 7 is a developable lot. If rezoned as re-
quested, Lot 7, which is currently vacant, could be developed for a duplex.
Duplexes are pemitted in the RS -8 zone as a provisional use, Section
36-8(c)(1), provided there is a minimum lot area of 8,700 sq, ft. and a minimum
lot area per unit of 4,350 sq. ft. Lot 7, like Lot 8, has a lot area of 12,750
sq. ft. which is more than sufficient to permit the construction of a duplex.
i
Based upon the Comprehensive Plan designation of this area, staff feels that it
would be appropriate and rational to rezone the adjacent two (2) lots to the
west of this site, 612 and 620 Kirkwood Avenue, to the RS -8 zone as well. Both
properties are presently zoned RS -51 are rental properties, and have sufficient
lot area to conform to the RS -8 zone. 612 Kirkwood Avenue is a single-family
dwelling on a 7,500 square foot lot and 620 Kirkwood Avenue is a 5 -unit
multi -family dwelling on a 9,000 square foot lot. Unless included with this
rezoning, both properties will remain zoned RS -5, wedged mid -block between RS -8
zoning. Rezoning all three (3) properties, including the site, will achieve
compliance with the Comprehensive Plan and will result in a rational zoning
pattern in which all properties north of Kirkwood Avenue between Webster Street
and Dodge Street are zoned RS -8. Ms. Lucille Miller, owner of 612 and 620
Kirkwood Avenue, has consented to the rezoning of these two properties from
RS -5 to RS -8 and will be submitting a letter of consent.
In a letter dated October 13, 1987, Mr. Tom Gelman, the applicant's attorney,
is requesting expedited consideration of this request and that it be considered
for recommendation at the November 5, 1987, meeting.
Economic Impact: Having been sold by the school district, the two (2) lot site
will once again be placed on the tax rolls and generate revenue for the City.
The City Assessor's Office has not yet completed their review and inspection of
the property, by which the assessed value would be determined. Without this
information, we are unable to estimate with any degree of certainty the ap-
proximate amount of annual tax generated.
There will be no direct construction costs to the City associated with this
already ava lablell etoethessite.trThepproposed c nversionutility mtopabprivateulic rresidence
shall have a nominal impact upon the City's ability to provide services.
170
.o•
M
-3 -
STAFF RECOMMENDATION
Staff recommends that the subject property be rezoned from P to RS -8, and that
the two (2) adjacent properties located at 612 and 620 Kirkwood Avenue be
rezoned from RS -5 to RS -8. RS -8 zoning would be compatible with the zoning and
use of surrounding properties north of Kirkwood Avenue and west of Dodge
Street, and would achieve compliance with the Comprehensive Plan designation
for this area.
ATTACHMENTS
1. Location map.
2. Applicant's Letter for Expedited Consideration.
Approved by: IGL�r., llr �,
Do ald Schmeiser, Director
Department of Planning and
Program Development
174 pe
AP
FLE
�1rm,I
=_mill:! =Jga if
U,
s��
.V'
Iowa City Planning and
Zoning Commission
c/o Barry Beagle
410 E. Washington Street
Iowa City, IA 52240
Re: Keith Achepohl's request for rezoning
Dear Commission Members:
Keith Achepohl's previously filed request for
rezoning has been scheduled for the meeting of the
Planning and Zoning Commission to be held on November
5, 1987. It is our understanding that it is the
Planning and Zoning Commission's custom and practice
to review a request at two formal meetings before
submitting the matter for a vote. On behalf of Keith
Achepohl I am hereby requesting that the Planning and
Zoning Commission expedite consideration of this
matter so that the request can be voted upon at the
meeting on November 5.
Specifically, Keith is planning to convert the
structure now located on the property into his
residence and is planning to have construction start
early this fall. He is concerned that an extended
period for review of the zoning request could
potentially delay the work and/or his occupancy of the
premises through delays in issuance of building
permits and/or occupancy permits.
Your fullest consideration of this request would
be greatly appreciated.
Very truly yours,
ThomasH. .G�IJ�
Gelman'
THG:kc /
cc: Keith Achepohl
Y
/7109
PHELAN, TUCKER, BOYLE & MULLEN
ATTORNEYS AT LAW
WILLIAM V. PHELAN
321 MARKET
WILLIAM M. TUCKER
LOUIS SHUL%" (19061982)
DANIEL W. BOYLE
P.O. Box 2150
CHARLES A. MULLEN
IO WA QTY. IO WA s2241
STEI4iEN F. BwcjTr
(319) 35F11N
BRUCE L. WALKER
RICHARD M. TUCKER
OMAS H. GELMAN
STSTEVEN R. REGENWOTHER
October 13, 1987
MARY ELIZABETH PHELAN
`— [2 L C E I V E D •—
OCT 1 4 1987
P.P.D. DEPARTMENT
Iowa City Planning and
Zoning Commission
c/o Barry Beagle
410 E. Washington Street
Iowa City, IA 52240
Re: Keith Achepohl's request for rezoning
Dear Commission Members:
Keith Achepohl's previously filed request for
rezoning has been scheduled for the meeting of the
Planning and Zoning Commission to be held on November
5, 1987. It is our understanding that it is the
Planning and Zoning Commission's custom and practice
to review a request at two formal meetings before
submitting the matter for a vote. On behalf of Keith
Achepohl I am hereby requesting that the Planning and
Zoning Commission expedite consideration of this
matter so that the request can be voted upon at the
meeting on November 5.
Specifically, Keith is planning to convert the
structure now located on the property into his
residence and is planning to have construction start
early this fall. He is concerned that an extended
period for review of the zoning request could
potentially delay the work and/or his occupancy of the
premises through delays in issuance of building
permits and/or occupancy permits.
Your fullest consideration of this request would
be greatly appreciated.
Very truly yours,
ThomasH. .G�IJ�
Gelman'
THG:kc /
cc: Keith Achepohl
Y
/7109
ORDINANCE W.
AN ORDINANCE *ENDING TFE ZONING ORDINANCE BY C1VltI -
INO TLE ISE RKIRWOM A T PROPERTIES LOCATED IN 11E
600 BLOCK ff KIRKWOCO AVENUE.
house the
sited b the Old Kirkwood School -
District to a W. Ken h Achepohl;the 1%8 Citand�nity
NNERFAS, in accordance with the Zoning Ordi-
nance, W. Achepohl has made application to rezone
he Property fran P to Z-8, 14eddun Density Sin-
gle -Family Residential Zone; and
WWRFAS, staff has suggested and the property
wt?st,sat re and t the adjacent properties to th
rezoned frau 620 Kirkwood Avenue, should also be
re for RS-8 to maintain a uniformity
he zoning properties north
Avenue and west of Dodge Street; and of Kirkwood
WOFAS, the Canprehensive Plan designates the
area north of Kirkwood Avenue and west
Street for Median Densiof Dote
Of Develop�t
(8-16 du/a); and
Crnprehe Pl�an$designatim for this
with the
NTW, TlERFFORE BE IT this arena,
COUCIL O= 11E CITY O IOWA CITY, IOWA. NED BY CITY
SECTION I. ZONING NfIV,TM, That Proper-
from
ties escrt a av are ere r
from heir present classifications to RS-8
Lots 6, 7, and 8, Black 3, Borland Places
SECTION II. ZONING MAP. The Building Inspec-
tor is e y a ortz a
directed to change the
zoning rn3p of the City of Iowa city, IL to con-
form to this anendnent upon the final passage,
videi by law.
approval and publication of this Ordinance as pro-
CitySECTION III. CERTIFICATION AND RECORDINGThe
C erc s er y out ortz
certify a copy of this a trs.hall to
recorded at the Office of flue County ordinance hich shall be
tbhnson Recorder of
c on as County,
1 y, l
aw of oProvided
upon final Passae and publi-
SECTION IV. 2EPEAL5; a
All dinnces and parts
mantes to cot with the provisions of
his Ordinance are hereby repealed,
SECTION V. SEVERABILITY:
Prov sten o• pa o If any section,
adjudication shall It affect constitutional, such
Judged to be invalid is
nfinance shall be ad-
the validity of the
Ordinance as a vhole or any section, provision or
Part thereof
not
adjudged invalid or unconstdtu-
/7G V
Ordinance No.
Page 2
SECTION VI. EFFECTIVE DATE: This Ordinance
shal be in effect afic its final Passage, approval
and Publication as required by law.
Passed and approved this
i
INiYCR
ATTEST:
CITY CLERK
Yecolv:d K laT,�,,ao
6y 1 X''i3i to • dS
Mol