HomeMy WebLinkAbout1985-10-22 OrdinanceORDINANCE NO. _
ORDINANCE AMENDING THE POWERS OF THE
HISTORIC PRESERVATION COMMISSION AS
SPECIFIED IN THE HISTORIC PRESERVATION
ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. That the Iowa City
Code of Ordinances Section 27-85 is
deleted and the following is inserted in
lieu thereof:
Section 27-85. Powers of the Commission.
(a) The Commission shall be authorized to
conduct studies for the identifica-
tion and designation of historic
districts meeting the definitions
established by this article. The
Commission may proceed at its own
initiative or upon a petition from
any person, group or association.
(b) The Commission shall make a recommen-
dation to the Office of Historic
Preservation of the Iowa State
Historical Department for the listing
of a historical district or site in
the National Register of Historic
Places and shall conduct a public
hearing thereon.
(c) The Commission shall review and act
upon all applications for Certifi-
cates of Appropriateness, pursuant to
Section 27-87.
(d) The Commission shall cooperate with
property owners and city agencies
pursuant to the provisions of Section
27-88.
(e) The Commission shall further the
efforts of historic preservation 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, architec-
tural or cultural value, and by
encouraging persons and organizations
to become involved in preservation
activities.
(f) The Commission shall not obligate
itself or the City of Iowa City in
any financial undertaking unless
authorized to do so by the City
Council.
SECTION II. CERTIFICATION. The City
er s ere y aurnorizeU and directed to
certify a copy of this oridnance to the
County Recorder of Johnson County, Iowa,
upon final passage of publication as
provided by law.
SECTION III. REPEALER. All ordinances
and parts of ordinances in conflict with
the provision of this ordinance are hereby
repealed.
SECTION IV. SEVERABILITY. If any
section, provision or par of the Ordi-
nance 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 V. EFFECTIVE DATE. This Ordi-
nances a e in a ec a ter its final
passage, approval and publication as
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
PGC -K; .1
8 Approved
By T� s L_1ual Cv�:rt•��a!
' cF7
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City of Iowa City
MEMORANDUM
Date: August 5, 1985
To: Planning and Zoning Commission
From: Monica Moen, Associate Planner
Re: Proposed Amendment to the Historic Preservation Ordinance
At its July 10, 1985, meeting, the Historic Preservation Commission proposed
to amend Section 27-85, "Powers of the Commission," of the Historic Preserva=
tion Ordinance to permit review of local nominations of historic districts or
sites to the National Register of Historic Places. This proposal emerged in
response to the Commission's interest in having the City seek Certified Local
Government (CLG) status.
The State Office of Historic Preservation has formulated Iowa's Certified•
Local Government historic preservation program. Initiated by the National
Park Service and administered by the State Historic Preservation Office, the
program intends to expand the preservation policy-making and administrative
roles of local political subdivisions. By satisfying basic federal require-
ments, CLGs become collectively eligible for ten percent of Iowa's Historic
Preservation Fund money from the National Park Service to pursue local needs.
In order to become certified, a local government must- meet several require-
ments, chief of which are to have enacted and approved an historic preserva-
tion ordinance and appointed an historic preservation commission to enforce
the ordinance. The attached information outlines the minimal requirements
for certification.
The City meets all but one of the CLG program guidelines. The element which
needs to be addressed in the Historic Preservation Ordinance is the Comnis-
sion's responsibility to review all proposed National Register nominations
located within Iowa City. It is proposed that the following language which
would satisfy this requirement be inserted as Paragraph (b) of Section 27-85
of the Iowa City.Code of Ordinances):
(b) The Commission shall make a recommendation to the Office of
Historic Preservation of the Iowa State Historical Department
for the listing of a historical district or site in the
National Register of Historic Places and shall conduct a public
hearing thereon.
The Historic Preservation Commission has reviewed and approved this amendment
and is forwarding this change to you for your consideration. A copy of the
proposed ordinance amendment is attached. If you have questions or require
additional information prior to the August 12 informal Planning and Zoning
Commission meeting, please do not hesitate to call me at 356-5247. I will
attend your August 12 meeting to answer any questions you may have.
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IOWA CERTIFIED LOCAL GOVERNMENT PROGRAM
PURPOSE:
The purpose of this program is to help local communities recognize and
promote their historic and architectural heritage. In essencei the Certified
Local Government (CLG) program constitutes a partnership between state and
local governments designed+to enhance the Ideals of historic preservation
through the development of locally—initiated programs. These Ideals involve
neighborhood betterment and linking economic development to the preservation
of a community's heritage. Local governments may annually apply for federal
grant funds earmarked for local historic preservation -
MINIMUM REQUIREMENTS FOR CERTIFICATION:
1. A city or town (not a county) must pass an historic preservation
ordinance. This is a form of proclamation expressing community recognition of
historic resources worthy of preservation. The ordinance should both affirm
civic pride In the legacy of beauty and achievements of the past, and express
a desire to promote these through economic development and commerce.
2. The ordinance must allow for the creation of an historic preservation
commission with no fewer -than three.ammbers. Commission responsibilities
should be explicitly stated. At minimum, the commisssion must meet three
times yearly. It must also consider in an open meeting any National. Register
nomination in its jurisdiction. Commission membership should also Include one
representative from each designated district. Counties must also create an
historic preservation commission.
3. Historical commissions will have the responsibility to
j Identify/designate local landmarks or historic districts in Its
jurisdiction. This can be done for community recognition and for future
planning efforts.
4. 6f desired, a local government may Issue certificates of
appropriateness to owners of designated properties or structures contributing
to the historic significance of a designated district.
5. A Certified Local Government must maintain a system for the survey and
Inventory of historic properties for local use. The Office of Historic
Preservation strongly recommends community surveys of historic properties
because awareness of these resources is an indispensibie planning tool for
preservation activities.
6. The Certified Local Government shall provide for adequate public
participation In local historic preservation programs, Including the
nomination of properties to the National Register of Historic Places. Proper
records of this participation must be kept. A very brief annual report will
be required for all activities.
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KINDS OF MATCHING GRANT ACTIVITIES:
1. To conduct a survey and/or inventory of historic properties In the
commun i ty.
2. To prepare nominations of buildings, sites, structures, objects and
districts to the National Register of Historic Places.
3. To prepare and publish studies about a community's history through Its
buildings.
4. To foster a community education program about historic preservation j
through the establishment a research center, the development of Information
about investment tax credits for historic commercial and Income-producing
buildings, preservation easements, walking tours, Main Street activities, or
other historic preservation -related gatherings.
5. To design a streetscape_plan to be used as a model for restoration
work.
i
6. To Incorporate historic preservation with economic development.
7. Other related. preservation activities which! demonstrate a spectfie,'
realistic end product. General administrative support can be -,included in such• -
!, activities. -
RESPONSIBILITIES OF THE STATE:
1. To monitor the grants and Certified Local Government activities within
the framework outlined ,in the minimum requirements.
2. To make available orientation materials about historic preservation.
3. To act as the granting agency. This Includes proportionate
distribution between CLGs. The state will produce yearly grant criteria. It
should be remembered that a CLC will not automatically receive funds each
year. Grants are awarded on a competitive basis.
HOW TO BECOME CERTIFIED:
1. The chief elected officials) submits a written proposal and request
for certification.
2. The proposal acknowledges the local government's Intent to fulfill all
regulations of a CLG.
3. Submittal of a copy of the historic preservation ordinance and list of
commission members.
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4. Provide a fist of potential historic sites or districts. i
$. The local government will then enter Into an agreement with the Office
of Historic Preservation, and receive approval from the National Park Service.
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KINDS OF MATCHING GRANT ACTIVITIES:
1. To conduct a survey and/or inventory of historic properties In the
community.
2. To prepare nominations of buildings, sites, structures, objects and
districts to the National Register of Historic Places.
3. To prepare and publish studies about a community's history through its
buildings.
4. To foster a community education program about historic preservation
through the establishment a research center, the development of Information
about Investment tax credits for historic commercial and Income-producing
buildings, preservation easements, walking tours, Hain Street activities, or
other historic preservation -related gatherings.
5. To design a streetscape plan to be used as a model for restoration
work.
6. To Incorporate historic preservation with economic development.
7. Other related preservation activities which demonstrate a specific,
realistic end product. General administrative support can be included in such
activities.
RESPO:tSIBILITIES OF THE STATE:
1. To monitor the grants and Certified Local Government activities within
the framework outlined In the minimum requirements.
2. To make available orientation materials about historic preservation.
3. To act as the granting agency. This Includes proportionate
distribution between CLGs.- The state will produce yearly grant criteria. It
should be remembered that a CLG will not automatically receive funds each
year. Grants are awarded on a competitive basis.
HOW TO BECOME CERTIFIED:
1. The chief elected official(s) submits a written proposal and request
for certification.
2. The proposal acknowledges the local government's Intent to fulfill all
regulations of a CLG.
3. Submittal of a copy of the historic preservation ordinance and list of
commission members.
4. Provide a list of potential historic sites or districts.
$. The local government will then enter Into an agreement with the Office
of Historic Preservation, and receive approval from the National Park Service.
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ORDINANCE NO.
ORDINANCE AMENDING THE ZONING ORDINANCE TO
PERMIT THE ISSUANCE OF TEMPORARY CERTIFI-
CATES OF OCCUPANCY IN CERTAIN CIRCUM-
STANCES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. PURPOSE. To permit the
issuance of temporary Certificates of
Occupancy when the paving of parking areas
cannot be reasonably completed due to land
settling on a site after demolition or due
to adverse weather conditions.
SECTION II. AMENDMENT. That the Iowa
City Code of Ur—Tinances is hereby amended
as follows:
A. Section 36-58(b) be amended to include
the following new subsection:
(7) Prior to the issuance of a
Certificate of Occupancy as
provided in Section 36-86, all
parking and stacking spaces,
drives and aisles shall, as
provided in Section 36-58(c)(1)
be paved with concrete, asphalt
or a similar dust -free surface;
except that the Building Official
may issue a temporary Certificate
of Occupancy in those instances
where the Building Official finds
that the paving cannot reasonably
be completed due to adverse
weather conditions or settling of
landon the site after demolition
or filling. A temporary Certifi-
cate of Occupancy shall be
effective only to a date spe-
cific, and, as a condition to
issuance of such a temporary
certificate the property owner
shall place in an escrow account,
established with the City, an
amount which shall cover 110% of
the anticipated cost of paving.
B. Section 36-86 be amended to read in
its entirety as follows:
Sec. 36-86. Building and occupancy
certificates.
(a) No building or construction may
be undertaken in the city until a
building permit has been issued
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by the City Manager or his/her
designee for such building or
construction.
(b)
No change in the use or occupancy
of land, nor any change of use or
occupancy in an existing
building, other than for sin-
gle-family dwelling purposes,
shall be made, nor shall any new
building be occupied until a
certificate of occupancy has ben
issued by the City Manager or
his/her designee. If a building
permit has not been issued prior
to the adoption of this Chapter,
every certificate of occupancy
shall state that the new occu-
pancy complies with all provi-
sions of this Chapter. No permit
for excavation for, or the
erection or alteration of, any
building shall be issued before
an application has been made for
a certificate of occupancy and
compliance, and no building or
premises shall be occupied until
such certificate and permit is
issued. A record of all certifi-
cates of occupancy shall be kept
on file in the office of the City
Manager or his/her designee.
(c)
A certificate of occupancy may be
obtained for nonconforming uses.
Application for certificate of
occupancy for nonconforming uses
shall be accompanied by affida-
vits of proof that such noncon-
forming
use was not established
in violation
of the zoning
ordinance after July 26, 1962,
and before the adoption of this
Chapter.
(d)
The Building Official may issue a
temporary Certificate of Occu-
pancy when a delay in the
planting of trees is warranted,
as provided in Section 36-72(d),
or a delay in paving of parking
and stacking spaces, drives or
aisles is warranted, as provided
in Section 36-58(b)(7).
SECTION
III. CERTIFICATION. The City
Clerk is
here y au orize and directed to
certify
a copy of this ordinance to the
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County Recorder of Johnson County, Iowa,
upon final passage and publication as
provided by law.
SECTION IV. REPEALER: All ordinances and
parts of ordinances in conflict with the
provisions of this ordinance are hereby
repealed.
SECTION V. SEVERABILITY: If any section,
provision or par o is Ordinance shall
be adjudged to be invalid or unconstitu-
tional, 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 VI. EFFECTIVE DATE: This Ordi-
nance shall a in effect—a7ter its final
passage, approval and publication as
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
i
Rcyx.Fnxi R: J:pproved
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City of Iowa C .y
MEMORANDUM
Date: September 13, 1985
To: Planning & Zoning Commission
From: Karin Franklin, Senior Planner
Re: Zoning Ordinance Amendment - Section 36-58(d) and 36-86
The enclosed ordinance amendment was proposed by the Director of Housing and
Inspection Services to empower the Building Official to issue temporary
Certificates of Occupancy (CO). As the ordinance is currently written, a
temporary Certificate of Occupancy may be granted only for a seasonal delay
in compliance with the tree ordinance. Otherwise, all requirements of the
Zoning Ordinance must be met before a CO can be issued.
There are instances in which the paving of parking areas is not advisable
upon completion of the building housing the use. Without the paving in
place, however, the Building Official cannot issue a Certificate of Occupancy
and the use cannot be established. Two factors which the staff recognizes as
legitimate physical reasons for delaying the paving are weather and ground
settling. A building may be completed and ready for occupancy during the
winter months when the laying of asphalt or concrete is not possible or wise.
With the current provisions, the building should not, technically, be
occupied until the paving is done, sometimes months later. Similarly, when a
site is cleared, a building is demolished and the foundation filled for the
future parking area, it is not practical to pave that area until sufficient
settling has taken place. Under the current provisions of the Code, the
building on the site cannot be occupied until the paving is is place.
The enclosed draft ordinance gives the Building Official the authority to
issue temporary Certificates of Occupancy when the circumstances described
above occur. The ordinance mandates that if a temporary Certificate of
Occupancy is granted, an escrow account equal to 110% of the cost of the
paving be established by the property owner.
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ORDINANCE NO. 85-3258
AN ORDINANCE VACATING A PORTION OF THE
PETERSON STREET RIGHT-OF-WAY LOCATED
ADJACENT TO THE PROPOSED VISTA PARK
VILLAGE SUBDIVISION.
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA
CITY, IOWA:
SECTION I: That the following -described
right-of-way in Iowa City, Iowa, is hereby
vacated for use as a street:
Commencing at the southwest corner of
the northwest fractional quarter of
Section 18, Township 79 North, Range 5
West of the 5th Principal Meridian;
thence north 00043'39" west, (A
Recorded Bearing), along the west line
of said northwest fractional quarter of
Section 18, 1052.00 feet; thence north
00043'39" west, along said west line,
54.00 feet, to the northeast corner of
Parcel 3 of the plat of survey,
recorded in Plat Book 19, at page 84,
of the Records of the Johnson County
Recorder's Office, which is the Point
of Beginning; thence, north 86059126"
west, along the northerly line of said
Parcel 3, 19.43 feet, to a point which
is 25.00 feet normally distant easterly
of the easterly line of Part 11A Court
Hill, an Addition to the City of Iowa
City, Iowa, as recorded in Plat Book 9,
at page 40, of the Records of the
Johnson County Recorder's Office;
thence north 00056'18" west, along a
line parallel with the east line of
Part 11A Court Hill Addition, 211.29
feet; thence southeasterly, 26.17 feet,
along an 85.00 foot radius curve,
concave northeasterly whose 26.07 foot
chord bears south 51425'20" east, to a
point on the west line of said north-
west fractional quarter of Section 18;
thence south 00043'39" east, along said
west line, 196.04 feet, to the Point of
Beginning. Said tract of land contains
0.09 acres more or less, and is subject
to easements and restrictions of
record.
SECTION II: The above-described parcel of
land will be subject to the easements and
restrictions of record.
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Ordinance No. 85-3258
Page 2
SECTION III: This ordinance shall be in
fu orce and effect when published by
law.
SECTION IV. REPEALER: All ordinances and
par s o or finances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION V. SEVERABILITY: If any section,
provision or par o e Ordinance shall
be adjudged to be invalid or unconstitu-
tional, 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 VI. EFFECTIVE DATE: This Ordi-
nance shall e in eTTecT after its final
passage, approval and publication as
required by law.
Passed and a proved this 22nd day of
October, 1985. 9 1 n i
ATTEST: %3llzf�
,N:clvcd 8 Approved
ay TNa t...rr..l v^nnr}menf
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go,
It was moved by Ambriscoand seconded by Baker
that the r finance as read a adopted and upon roTT ca ere
were:
AYES: NAYS: ABSENT:
g AMBRISCO
g BAKER
X DICKSON
X ERDAHL
X MCDONALD
X STRAIT
—� ZUBER
First consideration 10/8/85
Vote for passage: yes: is on, Erdahl, McDonald,
Strait, Zuber, Baker. Nays: None Absent: Ambrisco
Second consideration 116/85
Vote for passage 'Ayes: Ambrisco, Dickson, McDonald, Zuber.
Nays,: None. Absent: Baker, Erdahl, Strait.
Date published 10/30/85
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City of Iowa City
MEMORANDUM
Date: October 18, 1985
To: City Council
From: Don Schmeiser, Director of Planning & Program Development
Re: Peterson Street Paving
Citv Policies Re: Streets
The cost of local streets within subdivisions is clearly the responsibil-
ity of the developer. Streets which are dedicated but unimproved (such as
Peterson Street) and are outside of but adjacent to a subdivision have
been constructed by the City with the cost charged back to adjacent
Property owners through a special assessment project. (The last time this
was done was in 1971 for 150 feet of California Avenue.) The exception to
this policy is in instances in which secondary access is required and must
be provided outside the subdivision. This was the case with Windsor
Heights Subdivision in which the developer was required to pave Seventh
Avenue from the subdivision south to Rochester Avenue. The City's author-
ity to require secondary access was established with the Iowa Supreme
Court's decision in the Oakes Meadow case. Since that time the City has
required two means of access when a single access served more than 29
units.
In the case before you, the extension of Peterson Street from the Vista
Park Subdivision to the existing pavement is necessary to provide secon-
dary access to the subdivision. A single access from Arbor Drive does not
meet City standards. Consistent with previous actions related to the
Windsor Heights Subdivision, paving of unimproved Peterson Street to
connect it with the existing pavement should be the responsibility of the
developer.
Engineer's Estimate of Costs
The engineer's estimate of the total cost for the paving of Peterson
Street -from the end of the paving to the south boundary of Shamrock Place,
the assisted housing development, is $9,871. This includes engineering
costs, contingency funds and a default fund. If the City were to assume
the entire cost, these items could be eliminated and the cost would be
reduced to $7,416.
If the cost were shared with Hallmark Homes, the cost to the City and to
Hallmark Homes would be $3,708 each.
If the cost of paving were assessed, the City would assume $4,935 of the
cost (the higher figure being due to the default fund, etc.) and the
remainder would be paid for through assessment of other area property
owners.
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ORDINANCE NO.
ORDINANCE AMENDING THE IOWA CITY MUNICIPAL
CODE, RIVER REGULATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. PURPOSE. That the river
regu ations in C apter 24 of the Municipal
Code of the City of Iowa City be brought
into compliance with Iowa Conservation
Commission rules and State statute.
SECTION II. AMENDMENT. That the Iowa City
Code of Or finances shall be amended as
follows:
A. Sections 24-83(f) through (k), are
deleted and the following are inserted in
lieu thereof:
Section 24-83(f). No person shall
operate any vessel towing persons on water
skis, surfboards, or similar devices on
the Iowa River in the area bounded by the
Coralville Mill Dam and the Burlington
Street Dam, except during regattas, races,
marine parades, or exhibitions authorized
by the State Conservation Commission to be
held in such area.
Section 24-83(g). No owner or operator
of any vessel propelled by a motor of more
than six (6) horsepower shall permit any
person under twelve (12) years of age to
operate such vessel except when accompa-
nied by a responsible person of at least
eighteen (18) years of age who is experi-
enced in motorboat operation.
Section 24-83(h). No person shall swim
in the Iowa River between the Iowa Avenue
Bridge and the Burlington Street Dam.
Section 24-830). No person shall walk,
ice skate, fish or otherwise be upon the
surface of the ice on the Iowa River
between the Iowa Avenue Bridge and the
Burlington Street Dam.
Section 24-83(j). No craft or vehicle
shall be operated on the surface of the
ice on the Iowa River between the Iowa
Avenue Bridge and the Burlington Street
Dam.
B. Section 24-84 is hereby repealed.
SECTION III. REPEALER. All ordinances and
parts of ordinances in conflict with the
provision of this ordinance are hereby
repealed.
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SECTION IV. SEVERABILITY. If any section,
provision or par o e ordinance shall
be adjudged to be invalid or unconstitu-
tional, 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 VII. EFFECTIVE DATE. This Ordi-
nance shall a in a ec a er its final
passage, approval and publication as
required by law.
Passed and approved this
ATTEST:
CITY CLERK
MAYOR
Received $ Approved
BY Tic, La941 C)m .arhnenf
If #f
It was moved by and seconded by
that the Ordinance as read a adopted and upon roTT CaTT ere
were:
AYES: NAYS: ABSENT:
_ ANBRISCO
— BAKER
_ DICKSON
_ EROAHL
_ MCDONALD
_ STRAIT
— ZUBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published
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City of Iowa City
MEMORANDUM
Date: October 16, 1985
To: Iowa City Council Members
From: Melody Rockwell, Associate Planner
Re: Amendment of River Regulations in the Municipal Code
At its September 4, 1985 meeting, the Riverfront Commission unanimously
recommended that the Municipal Code be amended to bring it into confor-
mance with the language of the special rule adopted by the Iowa Conserva-
tion Commission (ICC) on August 29, 1985, on behalf of the City of Iowa
City. This rule prohibits towing on the Iowa River between the Coralville
Mill Dam and the Burlington Street Dam, except for special events permit-
ted by ICC.
In addition, City legal staff has recommended deleting the river regula-
tion which prohibits the operation of water craft between the Iowa Avenue
Bridge and the Burlington Street Dam. ICC has jurisdiction over the
operation of vessels on Iowa rivers. The ICC did not adopt this regula-
tion as a special rule because of its policy against prohibiting boating.
Deletion is recommended in order to eliminate this section of the Munici-
pal Code which conflicts with State authority.
The attached background information includes an August 1, 1985 memorandum
and a September 4, 1985 memorandum to the Riverfront Commission. These
memos explain the progression of events leading to the Riverfront Commis-
sion's recommendation for an amendment to the river regulations in the
Municipal Code.
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City of Iowa City
MEMORANDUM
Date: August 1, 1985
To: Riverfront Commission Members /
From: Melody Rockwell, Associate Planner el
Re: Status of River Regulations Request to the Iowa Conservation Commis-
sion (ICC)
On May 1, 1985, the Iowa City Council passed a resolution authorizing the
City Manager, Neal G. Berlin, to make formal application to the State
Conservation Commission for special rules and regulations concerning the
operation of vessels on the Iowa River in Iowa City, Iowa:
1. No person shall operate any vessel towing persons on water skis, surf-
boards, or similar devices on the Iowa River in the area bounded by the
Coralville Milldam and the Burlington Street Dam, except during regattas,
races, marine parades, tournaments or exhibitions authorized by the State
Conservation Commission to be held in such area.
2. No person shall operate any vessel on the Iowa River between the Iowa
Avenue Bridge and the Burlington Street Dam.
3. No person shall swim in the Iowa River between the Iowa Avenue Bridge and
the Burlington Street Dam.
4. No person shall walk, ice skate, fish or otherwise be upon the surface of
the ice on the Iowa River between the Iowa Avenue Bridge and the
Burlington Street Dam.
5. No craft or vehicle shall be operated on the surface of the ice on the
Iowa River between the Iowa Avenue Bridge and the Burlington Street Dam.
Citing health and safety factors, the City Manager forwarded a letter of
application for adoption of the special rules by ICC to Mr. Larry Wilson, ICC
Director, on May 16, 1985.
On July 23, 1985, Al Farris, Chief of the ICC Wildlife and Fisheries Divi-
sion, notified me that the period of public comment on the special rules
application had ended that day. No unfavorable comments had been received
concerning the Iowa City request. The Iowa Conservation Commission will
formally act on adoption of the special rules cited above at their meeting on
August 29, 1985.
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City of Iowa City
MEMORANDUM
DATE: September 4, 1985
TO: Riverfront Commission Members
FROM: Melody Rockwell, Associate Planner 0141,
RE: Iowa Conservation Commission Action on Special River Rules
Request by the City of Iowa City
On Thursday, August 29, 1985, the Iowa Conservation Commission
adopted the following special rule on behalf of the City of
Iowa City:
No person shall operate any vessel towing persons
on waterskis, surfboards, or similar devices on the
Iowa River in the area bounded by the Coralville
Hilldam and the Burlington Street Dam, except
during regattas, races, marine parades, tournaments
or exhibitions authorized by the State Conservation
Commission to be held in such area.
The ICC was not presented with, and therefore did not act upon
the four other special rules requested by the City of Iowa City.
In a telephone conversation on September 4, 1985, Al Farris, Chief
of the Wildlife and Fisheries Division, ICC, explained why the ICC
staff had withheld the other rules from consideration.
The rule, "No person shall operate any vessel on the Iowa River
between the Iowa Avenue Bridge and the Burlington Street Dam,"
was not suomitted to the Commission, because ICC staff did not
consider it appropriate for its Commission to take action
restricting boating on the river.
According to Farris, the other three requested rules fall outside
the purview of ICC, because Section 106.17 of the Iowa Code only
gives ICC authority to make special rules concerning the operation
of vessels, and the three rules do not pertain to vessel operation:
No person shall swim in the Iowa River between the
Iowa Avenue Bridge and the Burlington Street Dam.
No person shall walk, ice skate, fish or otherwise
be upon the surface of the ice on the Iowa River
between the Iowa Avenue Bridge and the Burlington
Street Dam.
No craft or vehicle shall be operated on the surface
of the ice on the Iowa River between the Iowa Avenue
Bridge and the Burlington Street Dam.
s-
/9�9
September 4, 1985 Page 2
Farris stated that ICC staff had recommended that the City of Iowa
City incorporate all of the requested rules into its ordinance and
post signs of warning in the danger area. {ie reiterated, however,
that he felt the appropriate course of action had been taken in
asking the Iowa Conservation Commission to adopt only the special
rule on towing.
ORDINANCE NO.
AN ORDINANCE ESTABLISHING RESEARCH-SERVICE
FACILITIES, WAREHOUSES, AND DISTRIBUTION
CENTERS AS ELIGIBLE FOR PARTIAL EXEMPTION
FROM PROPERTY TAXES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY:
SECTION I. PURPOSE. That the Legislature
has expanded the types of property
eligible for partial property tax exemp-
tion to include research-service facili-
ties and the City Council wishes to amend
the Code of Ordinances to conform with
that amendment, and to add warehouses and
distribution centers to the list of
eligible properties.
SECTION II. AMENDMENT.
a owa y Code of Ordinances
Sections 32.1-31 and 32.1-33 are
deleted and the following inserted in
lieu thereof:
Section 32.1-31. There is hereby
established a partial exemption from
property taxation of the actual value
added to industrial real estate by the
new construction of industrial real
estate, research-service facilities,
warehouses, distribution centers and
the acquisition of or improvement to
machinery and equipment assessed as
real estate pursuant to Section
427A.1, Subsection 1, paragraph a of
the 1985 Code of Iowa.
Section 32.1-33. Period and
Amount of Exemption. The actual value
added to industrial real estate for
the reasons specified in Section
32.1-31 is eligible to receive a
partial exemption from taxation for a
period of five years. However, if
property ceases to be classified as
industrial real estate or ceases to be
used as a research-service facility,
warehouse or distribution center, the
partial exemption for the value added
shall not be allowed for subsequent
assessment years. The amount of
actual value added which is eligible
to be exempt from taxation shall be as
follows:
a. For the first year, 75%.
b. For the second year, 60%.
/?(u
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Ordinance No.
Page 2
c. For the third year, 45%.
d. For the fourth year, 30%.
e. For the fifth year, 15%.
B. That Iowa City Code of Ordinances
Section 32.1-32 be amended to add the
following:
Section 32.1-32(d). Research -
service facilities. A building or
group of buildings devoted primarily
to research and development activi-
ties, including, but not limited to,
the design and production or manufac-
ture of prototype products for
experimental use, and
corporate -research services which do
not have a primary purpose of provid-
ing on-site services to the public.
Section 32.1-32(e). Warehouse. A
building or structure used as a public
warehouse for the storage of goods
the Chapter Io Iowa,except4 Article 7 of
he1985 Codeothat it
does not mean a building or structure
used primarily to store raw
agricultural products or from which
goods are sold at retail.
Section 32.1-32(f). Distribution
center. A building or structure used
primarily for the storage of goods
which are intended for subsequent
shipment to retail outlets. Distribu-
tion center does not mean a building
or structure used primarily for any of
the following purposes: to store raw
agricultural products, by a manufac-
turer to store goods to be used in the
manufacturing process, for the storage
of petroleum products, or for the
retail sale of goods.
SECTION III. REPEALER. All ordinances
and pars of or finances in conflict with
the provision of this ordinance are hereby
repealed.
SECTION IV. SEVERABILITY. If any
sec on, prov s on or parf of the Ordi-
nance 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.
10; .3
0
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1.
Ordinance No.
Page 3
SECTION V. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final
passage, approval and publication as
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Recef.ad r. approved
By The�Lnyui Department
'ex
Ordinance No.
Page 3
SECTION V. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final
passage, approval and publication as
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Recef.ad r. approved
By The�Lnyui Department
'ex
ORDINANCE NO. 85-3259
AN ORDINANCE AUTHORIZING THE DIRECTOR OF
PARKS AND RECREATION TO ESTABLISH TRAFFIC
AND PARKING REGULATIONS IN PARKS AND
PLAYGROUNDS.
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA
CITY, IOWA, THAT:
SECTION I. PURPOSE. This ordinance
amens Section 25-2(a) of the Iowa City
Code of Ordinances to authorize the
Director of Parks and Recreation to
establish and change, subject to amendment
by the City Council, traffic and parking
regulations in the City's parks and
playgrounds.
SECTION II. AMENDMENT. Section 25-2(a)
of the Iowa City Code of Ordinances is
hereby repealed and the following is
adopted in lieu thereof:
Section 25-2 Traffic and Parking Regula-
tions.
(a) The director of parks and recreation
is hereby authorized and directed (1)
to designate streets and drives for
use within the parks and playgrounds;
(2) to designate parking areas for
the parks and playgrounds; and (3) to
prohibit, regulate or limit stopping,
standing or parking of vehicles on
the streets, driveways and parking
areas in the parks and playgrounds at
all times or during specified hours.
The director of parks and recreation
shall cause signs to be placed
designating streets, drives and
parking areas, or prohibiting,
regulating or limiting stopping,
standing or parking in the parks and
playgrounds.
SECTION III. REPEALER: All ordinances
and pars of ordinances in conflict with
the provision of this ordinance are hereby
repealed.
SECTION IV. SEVERABILITY: If any
section, proves on or par of the Ordi-
nance 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.
i
i
Ordinance No. 85-3259
Page 2
II SECTION V. EFFECTIVE DATE: This Ordi-
nance shall be in effect after its final
passage, approval and publication as
required by law.
Passed and approved this 22nd day of
October, 1985. 1 In
ATTEST:
Rix*:'Yad K Approve!
By 1n2 DepaYmant
X013 di _ i
i
It was moved by Erdahl and seconded by Strait
that the Ordinance as read be adopted and upon ro ca ere
were:
AYES: NAYS: ABSENT:
x_ AMBRISCO
x_ BAKER
x DICKSON
_ ERDAHL
x MCDONALD
X STRAIT
X ZUBER
First consideration 10/8/85
Vote for passage: yes: rai , Zuber, Baker, Dickson,
Erdahl, McDonald. Nays: None Absent: Ambrisco
Second consideration )00DDDDZK
Vote for passage
Date published 10/30/85
Moved by Erdahl, seconded by Dickson, that the rule
requiring ordinances to be considered and voted on
for passage at two Council meetings prior to the
meeting at which it is to be finally passed be
suspended, second consideration and vote be waived
and the ordinance he voted upon for final passage
at this time. Ayes: Erdahl, McDonald, Strait,
Zuber, Ambrisco, Baker, Dickson. Nays: None
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