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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 All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed.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 . ,'r 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. bil/14 /9s�/ y 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. /941/ 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. i 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. !I ■ ME I I ' 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. /0/ ;11; 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 2 /ftp A 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 /ftp A 3 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 1 .M 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. bj5/7 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. /?0 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 '/ dr 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 Y" 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. bc4 I 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. /?1/6 r7 7 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 /77-/ i i 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. bc2 /979 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. /sp /979 ■ 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 Il 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 I 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 i i. .f f' t } i J ++i 1 f_ i i j I