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HomeMy WebLinkAbout1985-12-17 Ordinancer— City of Iowa City MEMORANDUM Date: November 14, 1985 To: Planning & Zoning Commission From: Marianne Milkman, Associate Planner Re: A-8401. Annexation of Willow Creek Court, Portions of Willow Creek Drive and Former Highway 1 West Right -of -Way, and Rezoning to P. In September 1984 the City Council directed staff to request vacation and disposal of certain portions of Highway 1 West right-of-way owned by the Iowa Department of Transportation (IDOT). The property in question includes the frontage road known as Willow Creek Court. The right-of-way, consisting of three tracts, has now been vacated by IDOT and disposed of to the City. Annexation of the property is consistent with the Comprehensive Plan and permits City control of this road which provides access to other property within the City limits. In addition, staff recommends annexation of a five foot strip of right-of-way for Willow Creek Drive as shown on the attached plat. This tract was inadvertently omitted when the rest of Willow Creek Drive was annexed. Most of the property involved is public right-of-way. All the tracts in question are City -owned and should be,zoned-P._ Approved by: bj4/4 JFIIIIIG IJGI, VII GV Department of Planning and Program Development aa�� a r a' r in 110 � �111�ii� ►�L4 �IM�..,�e:e iM R: 8 1 1 \\�� RS12-% y:RM12 is � .�.\-�'� • r cn \` WILLOW CREEK COURT / \ 1 1 1 e 1 1 (%Jo is s; I I IdNIN ti iii t - t. I i I i P� AT i ORDINANCE NO. ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY INCLUDING WILLOW CREEK COURT, A PORTION OF WILLOW CREEK DRIVE AND PORTIONS OF FORMER RIGHT -OF -NAY FOR HIGHWAY 1 WEST (a/k/a IOWA PRIMARY ROAD NO. 1) SOUTHWEST OF SUNSET STREET. THE CITY 'COUNCIL OF IOWA CITY, IOWA, HEREBY FINDS THAT: 1. The property described in Section 1 below is the property of the City of Iowa City and is being voluntarily annexed to said City. 2. Said property is the public right-of-way for city streets known as Willow Creek Court and Willow Creek Drive, and as such should be zoned P (Public). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION 1. REZONING. The property de- scribed e ow is hereby reclassified from its present classification of County Highway Commercial (CH) to Public (P): All that part of the Northwest Quarter of the Northwest Quarter of Section 21, Township 79 North, Range 6 West of the 5th P.M., bounded on the North by the North line of said North- west Quarter of the Northwest Quarter of Section 21; on the Southeasterly by a line 65 feet normally distant, Northwesterly of and parallel to the centerline of primary road 11 as shown on plans for Johnson County, Iowa, project /FA -9; and on the West by the West line of said Northwest Quarter of the Northwest Quarter of Section 21; also Commencing at the Northeast corner of Section 20, Township 79 North, Range 6 West of the 5th P.M., thence on an assumed bearing of S00000'00"E, 300.00 feet, along the East line of said Section 20; thence S89026131"W, 25.50 feet to a point which is the intersection of the Southerly Right -of -Way line of Willow Creek Drive and the former Northwesterly ,:?A7G Right -of -Way line of Iowa Primary Road No. 1 which is the point of beginning; thence S34056'58"W, 489.36 feet along said Northwesterly Right -of -Way line; thence N71o47'30"W, 62.66 feet; thence N34056'58"E, 325.04 feet along the present Northwesterly Right -of -Way line of Iowa Primary Road No. 1; thence N30°37'44"E, 132.80 feet along said present Northwesterly Right -of -Way line; thence N89026'31"E, 85.99 feet to the point of beginning; also The Southerly 5 feet of Barker's First Addition to Iowa City, Iowa, which is also known as the Southerly 5 feet of the Willow Creek Drive Right -of -Way in Iowa Cityy, Iowa. SECTION II. AMENDMENT. As of the effec- tive date of this or nance, the Building Inspector is authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment. SECTION III. CERTIFICATION AND RECORDING. Immediatelyafter fne e sect vett a date hereof, the City Clerk shall certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, for recording. SECTION IV. REPEALER. All ordinances and pars of ordinances 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 this 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 effect, after its final passage, approval and publication as required by law, upon completion of the City's annexation of the property described in Section I. Passed and approved this ATTEST: CITY CLERK 7 9 r aa,74 , It was proved by and seconded by that the r finance as reada adopted and upon ro ca ere were: i AYES: NAYS: ABSENT: I AMBRISCO _ BAKER DICKSON EROAHL MCDONALD STRAIT ; ZUBER First consideration Vote for passage: Second consideration Vote for passage Date published , 'r STAFF REPORT To: Planning & Zoning Commission Prepared by: Marianne Milkman Item: A-8501, Z-8501. Highway 1 West & Date: November 21, 1985 Willow Creek Drive GENERAL INFORMATION Applicants: Olin Llo d Requested action: Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Requested zoning: Surrounding land use and zoning 748 Rundell St. Iowa City, Iowa 52240 Lewis Negus Iowa City Coach Co. 1515 Willow Creek Dr. Iowa City, Iowa 52240 Robert Barker Barker Development Co. 2002 Dunlap Court Iowa City, Iowa 52240 Carol Barker 2002 Dunlap Court Iowa City, Iowa 52240 Voluntary annexation to Iowa City and rezoning to CI -1. To obtain City services. Highway 1 Nest and Willow Creek Court. 16.2 acres. Intensive commercial, highway commercial. Intensive commercial, undevel- oped; county CH (highway commer- cial). CI -1. North - multi -family residential; RM -12. East - intensive commercial, office; CI -1. South - intensive commercial; county CH. West - undeveloped; CI -1. Applicable regulations: Sections 36-88 and 36-90 of the Zoning Ordinance. 45 -day limitation period: December 23, 1985 SPECIAL INFORMATION Public utilities: Water services are available at the city limits. There is an existing city sewer main on Willow Creek Drive and a private sewer line serves Old Capitol Motors on Highway 1. Sewer will need to be extended to certain properties upon annexation. Public services: Police and fire protection are available upon annexation. Transportation: Vehicular access is from Willow Creek Court, Sunset Street and Highway 1 West. r Topography: Fairly flat terrain, with Willow Creek traversing the southern portion of the tract . in a southeasterly direction. A large Portion of the tract is in the Willow Creek 100 year flood ANALYSIS plain. a. Annexation The City is initiating the voluntary annexation of this tract adjacent to the south city limits in order to implement the short and long range i Comprehensive Plan, and to alleviate a problem with an inadequate septic system on the Olin Lloyd property, as identified by the Johnson County Health Department. The tract contains four properties which are all or partially developed, and includes numerous auto service and repair uses, the Iowa City Coach Co. which operates the Iowa City Community Schools' bus system, the Gym Nest (providing gymnastics instruction) and a carpet store. The City has planned to annex this tract for a considerable time. In 1978 when Barker's Second Subdivision was platted, the owner agreed to annexation of his property at such a time as the property became contiguous to the city limits. Earlier this year, Olin Lloyd signed an agreement with the City which included the following items: voluntary j annexation, a 12" sewer easement across the south end of his property, 1 and the extension of the public water and sewer mains along Willow Creek Drive as necessary (see attached Agreement). Other property owners on Willow Creek Drive will also be able to hook onto the sewer and water mains at their expense. The remaining southern -most property of the ,tract, which is south of Willow Creek and fronts on Highway 1 West, will a��7 ■ ■ ■ 4 3 have to be sewered from the northwest end of the property, presumably with a hookup similar to that serving Old Capitol Motors. Other city services will also be provided to the tract. Annexation of this tract is consistent with the 1983 Comprehensive Plan Update and meets the plan's general criteria for annexation: 1. The area is contiguous to the present city limits 2. The area has a natural "unity" with the City through existing streets and the availability of sewer services at relatively little cost. 3. Numerous municipal services are readily available without substantial capital outlay. { Annexation of this tract is also consistent with the Johnson County/Iowa City Fringe Area Policy Agreement for Area 8 which states that: "That portion of Area 8 east of U.S. Highway 218 will be incorporated into Iowa City by annexation." b. Rezoning Much of this tract is already developed with uses appropriate to the CI -1 zone. CI -1 zoning and uses also exist to the east and west of the tract. To the north of the tract is an RM -12 zone with a number of multi -family dwellings. These dwellings front on Aber Avenue to the north, with parking in the rear. The structures are located at a considerable h distance from the proposed CI -1 zone. In order to mitigate any adverse effects of commercial uses upon residential uses, the zoning ordinance requires that "when a lot in a C zone abuts an R zone, a yard at least equal to the abutting yard required in the R zone shall be provided along the R zone boundary line." In addition, screening must be provided between the commercial and residential uses. A number of large trees t currently separate the two zones. These provisions, as well as the orientation of the existing multi -family dwellings, should mitigate adverse impacts of a CI -1 zone on the RM -12 zone. The 1983 Comprehensive Plan Update recommends commercial zoning in the area of the Highway 1/U.S. Highway 218 interchange because of the area's t proximity to the highways and the airport. In addition, residential uses j it are discouraged near a main airport runway. The proposed zoning of CI -1 therefore complies with the recommendations of the Comprehensive Plan. STAFF RECOMMENDATION t Based upon the above analysis, staff recommends annexation of the proposed tract located on Willow Creek Drive and Highway 1 West, and rezoning of the tract to CI -1. 1 I I IE a ATTACHMENTS 1. Location map. 2. Map of tract to be annexed. 3. Agreement with Olin Lloyd. Approved by: Do ld Sc eiser. Director De artment of Planning and Program Development I i I f i' I 7 f f � i i ; r I f is t � I I a ATTACHMENTS 1. Location map. 2. Map of tract to be annexed. 3. Agreement with Olin Lloyd. Approved by: Do ld Sc eiser. Director De artment of Planning and Program Development I i I f i' I .. 7 f f � i ; r I f is t � I I a ATTACHMENTS 1. Location map. 2. Map of tract to be annexed. 3. Agreement with Olin Lloyd. Approved by: Do ld Sc eiser. Director De artment of Planning and Program Development I i I f i f f � i i r is j i , I I PROPOSED ANNEXATION PLAT I I m i f i Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation, hereafter referred to as "City", and Olin Lloyd, hereafter referred to as "Owner". WITNESSETH: WHEREAS, Owner holds title to the real estate described in Exhibit "A" which is attached hereto and incorporated herein by reference; and WHEREAS, the City has determined that it is in the public interest to annex the real estate described in Exhibit "A", which is located in Johnson County and which belongs to the Owner; and WHEREAS, if the annexation is completed, both parties wish to ensure adequate access of public utilities to assure orderly growth along Willow Creek Drive. NOW, THEREFORE, BE IT AGREED AS FOLLOWS: 1. Annexation - Owner agrees to voluntary annexation by the City of the property described in Exhibit "A". 2. Easement - Owner agrees to provide a 12 foot wide sewer easement across Be south end of the property described in Exhibit "A." The form of said permanent sewer easement is attached hereto. 3. Waterand Sewer Main Extension - The City will, in the easement area described in Exhibit "A," extend the public water and sewer mains along Willow Creek Drive as necessary to provide adequate service to the property described in Exhibit "A" all at no cost to Owner. Said main extensions shall be installed no later than 60 days after annexation. 4. Water and Sewer Services - Owner will install water and sewer services from the existing building on said property to the water and sewer main extensions described in article 3 above, and shall pay any and all costs of such installation, including necessary permit fees. The provisions hereof shall be binding upon the heirs, successors and assigns of the parties hereto, and the terms and conditions as set forth herein shall constitute covenants running with the land. Dated this day of 1 19 CITY OF IOWA CITY OWNER Rocaivod $ Approval lIY Tho Legal D MWnf Vo? 77 I 3b ORDINANCE NO. ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED OFF WILLOW CREEK DRIVE AND NORTHWEST OF HIGHWAY 1 WEST. THE CITY COUNCIL OF IOWA CITY, IOWA, HEREBY FINDS THAT: 1. The property described in Section I below is being voluntarily annexed to the City of Iowa City, and the owners of said property have requested rezon- ing to CI -1 (intensive commercial). 2. Existing uses on said property are consistent with and permitted in the CI -1 zone. 3. CI -1 zoning of this tract is consis- tent with the short and long range Comprehensive Plan for Iowa City. 4. CI -1 zoning is compatible with neigh- boring zoning and uses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: SECTION I. REZONING. The property de- scr a ow s ere y reclassified from its present classification of County Highway Commercial (CH) to Intensive Commercial (CI -1): A parcel of land located in the East 1/2 of the Northeast 1/4 of Section 20, T79N, R6W of the 5th P.M., Johnson County, Iowa, legally described as follows: Commencing at the Northeast corner of Section 20, T79N, R6W of the 5th P.M.; thence on an assumed bearing of S 00000100" E, 300.00 feet along the East line of said Section 20; then S 89026131" W. 25.50 feet to a point which is the intersection of the Southerly R.O.W. line of Willow Creek Drive and former northwesterly R.O.W. line of Iowa Primary Road No. 1; thence S 34056'58" W, 489.36 feet; thence N 71047130" W. 47.40 feet to the point of beginning; thence S 35031130" W, 105.60 feet; thence S 19034'45" W, 72.80 feet; thence S 33019115" W, 130.10 feet; thence S 35031130" W, 93.20 feet; thence N 55003'02" W, 942.89 feet; thence N 00012148" W, 467.92 feet; thence easterly along the north line of said Section 20, N 89026'31" E. 928.28 N Ordinance No. Page 2 feet, thence S 00°00'00" E, 300.00 feet; thence N 89026'31" E, 85.51 feet; thence S 34056`58" W, 392.46 feet, thence 71047'30- ybeginning. Saidfeet, pa to thepointof begin cel contains approximately 16.2 acres. SECTION II. MAP AMENDMENT. As of the I e ect ve ate ohe i s ordinance, building inspector is authorized and di- rected to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment. SECTION III. CERTIFICATION AND RECORDING. nme a e y a er e e ec ve a e hereof, the City Clerk is hereby author- ized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa. SECTION Iv. REPEALER: All ordinances and the provision ar oof nthisancs ordinance confcth are i hereby repealed. SECTION V. SEVERABILITY: If any section, prov s on or par o e Ordinance shall be adjudged to be invalid or unconstitutio- then validity osuch futheation ordinance astaaffect whole { or any section, provision or part thereof tf not adjudged invalid or unconstitutional. SECTION vI. EFFECTIVE DATE: This Ordi- nance snail e In UTIeUl , a ter its final passage, approval and publication as required by law only after completion of the City's annexation of the property described in Section I. Passed and approved this ATTEST: Rucciv3d $ kpprovoa 3_y7`:nleea! Dapaifinent A.Z%7 It was moved by and seconded by that the Ord i nance as rea a adopted and upon ro ca ere were: AYES: NAYS: ABSENT: AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT _ ZUBER First consideration Vote for passage: Second consideration Vote for passage Date published ■ ,: STAFF REPORT To: Planning and Zoning Commission Prepared by: Barry Beagle Items: A-8504 and Z-8506. Date: November 21, 1985 Johnson County Farm Bureau GENERAL INFORMATION Applicant: Requested Action: Purpose: Legal Description: Location: Size: Existing Improvements: Existing Land Use and Zoning: Comprehensive Plan (Short -Range) Surrounding Land Use and Zoning: Johnson County Farm Bureau, Purchaser 413 Tenth Avenue Coralville, Iowa 52241 351-6885 Vincent R. Horst, Manager Voluntary annexation and rezoning from County R1 -A to CO -1. To permit construction of an office building. Part of the SEI/4 of the NW1/4 of Section 20-79-6. A triangular tract of land lying immediately south and west of the present corporate limits of Iowa City and northeast of Mormon Trek Boulevard. 2.81 acres. None. Agriculture; RI -P (County). Intensive Commercial. North - Vacant (Ty'n Cae, Part III); PDH -8. South - U.S. Highway 218. East - Vacant (West Side Park); CI -1. West - U.S. Highway 218. ao?78 3 SPECIAL INFORMATION Public utilities: Public services: t e s Transportation: ( Physical characteristics: Water service will be available to the site from a 12" line extending along Mormon Trek Boulevard. Sanitary sewer service will be made possible by extension of a sewer line south from Ty'n Cae Subdivision, Part III. Police and fire protection are available upon annexation. Access to the site is provided by Mormon Trek Boulevard, a paved, two-lane street. Mormon Trek Boulevard is presently classified as an arterial street. Topographically, the site is moderately to greatly sloping, draining to the west into a branch of Willow Creek located at the north property line. No portion of the site is identified in the 100 -year flood plain. STAFF ANALYSIS Johnson County Farm Bureau has entered into an offer to purchase the 2.81 k acre site from Mr. Richard H. Davis subject to receiving annexation and rezoning to CO -1 (See Attachment 3). If successful, the applicant plans to construct a 2,000 to 2,500 square foot office building to house the Johnson County Farm Bureau and Farm Bureau insurance services. (See Attachment 4). In order to develop the site, the applicant is required to seek annexation, since the Johnson County Health Department will not issue a septic permit for property adjacent to the City and able to be served by municipal sanitary sewers. For ease of review, a separate evaluation of both applications is provided. 1. Annexation: The 1983 Comprehensive Plan Update indicates the site to be within the Phase I Short -Range Development Sequence for residential growth in Iowa City. The Phase I area is made up of existing development projects (i.e. Ty'n Cae Subdivision and West Side Park) and locations where no capital improvements are necessary. (Refer to Map C, Page 33, of the Comprehensive Plan Update.) Subject to market conditions, it is anticipated that residential development will occur between the years 1983-1988. The Southwest Area Study of the Comprehensive Plan shows the site as being annexed as a result of more extensive annexation/deannexation principally related to the completion of U.S. Highway 218. This is also consistent with the December 22, 1983, 0? OR 7.?' Fringe Area Policy Agreement for Area 8 which stipulates "...that portion of Area 8, east of U.S. Highway 218, will be incorporated into Iowa City by annexation." The site also conforms with general criteria for annexation as stated on page SW -3 of the Comprehensive Plan. Municipal services are readily available to the site although the applicant will need to negotiate with the owners of Ty'n Cae Subdivi- sion for extension of municipal sanitary sewer service to the site. With the approval of Ty'n Cae Subdivision, Part 3, a 15 foot sanitary sewer easement was shown to extend to the south property line which is the only means of providing the site with sanitary sewer service. (See Attachment 5). At present, sewer lines do not extend beyond those sections of Ty'n Cae Subdivision currently under development. Other public services are available to the site. 2. Rezoning; The applicant has requested the site be rezoned to CO -1, Commercial Office Zone, upon annexation into the city. The Comprehensive Plan recommends that the general area west of the U.S. Highway 1/Mormon s Trek Boulevard intersection be developed for commercial use, for which e this request would be consistent. Residential development in this Y area is discouraged due to the proximity of the airport and the two major highways. Specifically, the site can be considered a "remnant parcel", which is the result of development of adjacent parcels and the realignment of Mormon Trek Boulevard. Ty'n Cae Subdivision to the north is zoned PDH -8. Four 12-plexes are proposed to be constructed immediately north of the site's north property line and are designed to rear upon the site. It is anticipated that the existing fence -row tree line that separates both properties will be retained. Regardless, Section 36-76(j) requires the provision of screening to separate residential and commercial uses. To the east, the site abuts West Side Park which is zoned CI -1 and subdivided for multiple commercial use. By the manner in which West Side Park has been subdivided, lots are intended to rear upon the site. Due to the orientation of the site, and the nature of uses permitted in the CO -1 zone, staff does not envision a conflict with the use of adjacent properties. As a result of the realignment of Mormon Trek Boulevard, the site is located in a depression at a lower elevation than the pavement of Mormon Trek Boulevard itself. The site has over 646 feet of frontage on Mormon Trek Boulevard and is located on a curve. Due to the presence of the curve, the drop in elevation going from east to west along the curve, and the grade separation between the pavement and the site itself, sight distances are constrained at the southern end of the site. In order to mitigate any negative traffic impacts, both staff and the Traffic Engineer recommend as a condition of approval that the site be limited to a single curb -cut located anywhere within 200 feet of the site's north property line. The specific location of the curb -cut would be identified at the time the applicant seeks LSNRn approval to construct the office building. aaA;' i 4 A portion of the site does lie within the airport's Transitional and j Approach zones. Since the elevation of the site is lower than f adjacent properties, staff does not anticipate a problem with the development of this site. STAFF RECOMMENDATION t Based upon the above analysis, staff recommends the annexation of the 2.81 acre site located along Mormon Trek Boulevard and its rezoning to CO -1. ATTACHMENTS 1. Location Map. 2. Applicant's Offer to Purchase Agreement. 3. Applicant's Statement of Intent. 4. Portion of Ty'n Cae Subdivision, Part 3. 5. Airport Overlay Zones. Approved by. na meiser, erector Department of Planning and Program Development r i , i 3 1 i i I I I i i i i I a,q 70 ' I 1141UN1 vue OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO RICHARD H. DAVIS and FLORENCE E. DAVIS ,Sellars. 1. REAL ESTATE DESCRIPTION. The Buyers otter to buy real estate in JOHNSON County. Iowa, described as follows: That portion of SE 1/4 NN 1/4, Section 20-79-6 lying noqhipnd east of Norman Trek Blvd, VHb T6�e.13llCreS Mare or .Less IWo with any easements and appurtenant seminal estates, but subject to the lollowmg ' a. any zoning and other ordinances, b. any covenants of record. e. any easements at record lot public utilities. roads and highways: and O 0 R D IS LS all. (Consider: liens: mineral rights: other easements: interests of others.I OCT 29 f9fl5 e. Property having access to Norman Trek Blvd. MAP)AN 1(.RA RR f. Availability of conventional sewer hookup. CITY CLERK (1) designated the Real Estate: provided Buyers. og Possession, are permitted to make the following use of the Real Estate:. Construction of Farm Bureau Building 2. PRICE. The purchase price shall be s25, nnR. on , payable at County, Iowa. as follows: $100.00 with acceptance of this offer. An additional $7,400.00 at closing. The remaining $17,500.00 shall be covered by a Note and first mortgage payable in equal yearly installments over five (5) years at 114 per annum. 3. REAL ESTATE TAXES. Sellers shall pay prorate taxes for fiscal year 1905-86 and any unpaid real eslale taxes payable in prier years, Buyers shall pay all subsequent real estate lases. Any proration of real estate taxes an the Real Estate shall be based upon such taxes for the year currently payable unless the parties stale otherwise. 4. SPECIAL ASSESSMENTS. a. Sellers shall pay all special assessments which are a lien an the Real Estate as of the dale at acceptance of this eller. b. IF a. IS STRICKEN, then Sellers shall pay all installments at special assessments which are a lien on the Real Estate and. it not paid, would become delinquent during the calendar year this alter is accepted. and all pilar installments thereof. C. All other special assessments shall be paid by Buyers. 5. RISK OF LOSS AND INSURANCE. Risk of loss prior to Enter s delivery of possession of Ilia Heal Estate to Buyers shall be as follows: a. Alt risk of loss shall remain with Sellers until possession of the Real Estate shall be delivered to Buyers. In. IF a. IS STRICKEN. Sellers shell maintain i of lire, windstorm and extended coverage insurance on Ilse Real Estate until possession is given Is Buyers and shall promptly secure endorsements to the appropriate insurance policies riming Buyers as additional insureds as then interests may appear. Risk of loss from such insured hazards shall be on Buyers alter sellers have performed under has paragraph and nolilied Buyers of such performance, Buyers, it they desire. may obtain additional Insurance to cover such risk. G. CARE AND MAINTENANCE. The Real Estate shall be preserved In its present condition and delivered intact at the lime possession is delivered to Buyers, provided. however, d 5 a Is slacken and (hero is loss or destruction of all or any pad of ale Real Estate from causes covered by Ilia Insurance maintained by Sellers, Buyers agree to accept such damped or destroyed Real Estate together with such Insurance proceeds In lieu of the Real Estate in Its present condition and Sellers Shall not be required to repair or replace same. 7. POSSESSION II Buyers timely perform alt oblgmmns, possession of the Real Estate shall be delivered Is buyers on 1 S. 19-85_, with any adjustments at real. Insurance, and interest to be made 86 at the date of transfer of possession S. FIXTURES. All property that Integrally belongs to or is part of Ifle Real Estate. whether attached or detached, such as light fixtures, shades, rods, blinds. awnings, windows, slows does, i creens, plumbing hirlmes, water healers, water solleners, aulomalla healing equipment. nit conditioning equipmeah wall to will empellng, built -In Items and electrical service cable, castle IUICvISIon flowers and neatens, fencing, gales and landscaping shall be Considered a pan of Real Estate and included Ili Ills sale except (Consider: Rental items 1 ATTACHMENT 2 aA 79 ■ I AMR Johnson county Farm Bureau 413 10th Avenue. Coralville. Iowa 52241/(319) 351.5885 October 29, 1985 TO:WHOM IT MAY CONCERN The Johnson County Farm Bureau has made an offer to purchase the 2.81 acres from Richard H. 6 Florence E. Davis lying north and east of Morman Trek Blvd. in the SE 1/4 NW 1/4 of Section 20-79-6 subject to obtaining suitable zoning and annexation into Iowa City. This property is being purchased for the erecting of a new office bulding to house the Johnson County Farm Bureau and Farm Bureau Insurance Services. Although no definite building plans have been developed, we are anticipating an office building of approximately 2,000 to 2,500 sq. ft. in area. Vincent R. Horst, Manager I I OCT 2 ° 19F MARICITAN CLERKARR ATTACHMENT 3 ";�.Q 78 a , ATTACHMENT4 o7o?71 I ATTACHMENTS AIRPORT OVERLAY ZONES as 7f I ORDINANCE NO. ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED NORTHEAST OF MORMON TREK BOULEVARD. THE CITY COUNCIL OF IOWA CITY, IOWA, ` HEREBY FINDS THAT: 1. The property described in Section I below (subject property), located immediately south and west of the current corporate limits of Iowa City, Iowa, is presently classified in the county as Urban Residential (RI -A). 2. The Johnson County Farm Bureau has agreed to purchase the subject prop- erty if it is annexed and rezoned to Commercial Office (CO -1) to permit the construction of an office building. 3. The applicant is currently unable to develop the property within the County since the Johnson County Health De- partment will not issue a septic permit for property adjacent to the corporate limits of Iowa City which could be served by municipal sanitary sewers. 4. Commercial Office zoning of the sub- �, ject property is consistent with the recommendations of the Comprehensive k Plan, and surrounding land use pat- terns, and is compatible with the use of neighboring properties as zoned. 5. In order to ensure the public health, i safety and welfare, and as a condition of zoning approval, the site should be limited to a single curb -cut to be located anywhere within 200 feet of the north property line of the subject property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. Subject to the conditions set orth n the Agreement attached hereto as Exhibit A, and incorporated herein by reference, the zoning classification of the property described below is hereby changed from its present classification of RI -A in the county to CO -1, and the boundaries of the CO -1 zone as shown on the zoning map of the City of Iowa City, Iowa, shall be changed to include the a 27,' I Ordinance No. Page 2 property located in Johnson County, Iowa, northeast of Mormon Trek Boulevard, and identified as follows: Beginning at the Northeast Corner of the Southeast Quarter, of the Northwest Quarter of Section 20, Township 79 North, Range 6 West, of the 5th Princi- pal Meridian; thence S 01002124" W, 487.06 feet along the East Line of said Northwest Quarter, of Section 20, to its intersection with the Northeasterly Right -of -Way Line of Mormon Trek Boule- vard as relocated; 'thence N 68013'O0" W, 0.49 feet to an iron pin found, which is 70 feet radially distant i Northeasterly of center line station I 5110+87.7; thence N 55014120" W, 193.60 feet along said Right -of -Way Line to an iron Right -of -Way marker found, which is 70 feet along said Right -of -Way Line to an iron right-of-way marker found, which is 70 feet radially distant Northeasterly of center line station 5114+94.0; thence N 25055'20" W, 276.51 feet along said Right -of -Way Line to its intersection with the North Line of the South Half of the said Northwest Quarter of said Section 20; thence S 89010'37" E, along said North Line 405.42 feet to the Point of Beginning.• Said tract contains 2.81 acres more or less. SECTION II. As of the effective date of TE s-13-rUrance, the Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment. i SECTION III. Immediately after the effec- ve a e ereof, and upon receipt of the amount of the recording fee from the property owner, the City Clerk, is hereby authorized and directed to certify a copy of this Ordinance to the Recorder of Johnson County, Iowa, for recording. 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, prov s on or par o s Ordinance shall be adjudged to be invalid or unconstitu- tional, such adjudication shall not affect A,;Z 7Y Ordinance No. Page 3 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 be in effect, after its final passage, approval and publication as required by law, only after completion of the City's annexation of the property described in Section I. Passed and approved this ATTEST: CITY CLERK Roc*ly-?d g 8Y T. a �Parov.d !e fi, �! 1100.1if ant 6 r ' It was moved by and seconded by S: that the r finance as rea a adopted and upon ro ca ere were: AYES: NAYS: ABSENT: AMBRISCO BAKER DICKSON EROAML MCDONALD STRAIT ZUBER First consideration Vote for passage: Second consideration Vote for passage Date published / ' — � i AGREEMENT THIS AGREEMENT, dated asofthe_day ofDecember, 1985vbvand between ' the City City, amon�cipalcorporation (hereinafter to ` ! | "City") . andtheJohnsvnCnootvFarmBu~euu^RjchardH.UavYsandFlurenceE, � � ^ .Davis (hereinafter cnllect1blyreferred toas°Appliconts») ' / � � } � , WITNESSETH / � . WHEREAS, Richard H^David and Florence E^Davis own aparcel ofland located northeast of Mormon Trek Boulevard, contiguous to the corporate limits of the � City, legally described noExhibit Awhich Ysattached hereto (the »prop~ ertv«)�and i `| ' � ! � | ' WHEREAS, the Johnson County Farm Bureau has contracted topurchase said property Yfit1sannexed bvthe City, and zoned for office use; and | ' ! ! � WHEREAS, the City has agreed toannex the property; and i . / WHEREAS, because ofthe location nfthe property onacurve mmMormon Trek � Doulevard,itwould bedan�eroustoalln�anycorbcuts[�^e^' means `` ! access) where the southerly portion nfthe property abuts Mormon Trek Boule- vard; and oule~va,d;and i / � i | � � WHEREAS, the City will zone said property for office use only ifthe Aoo1i~ � | cantsagreethutonlynoecurbtutw�llbeallowedfrnm the � � epropertynnto | ' Mormon Trek Boulevard. ' | U � o e PAGE 2 NOW, THEREFORE, the parties agree to as follows: AGREEMENTS 1. The above-described property shall have no more than one means of access (i.e., curb cut) onto Mormon Trek Boulevard, which means of access may be located anywhere within 200 feet of the north property line of the prop- erty. No curb cut may be located south of the 200 foot line. 2. The terms of this Agreement may be amended, revised, or terminated by the City only by adoption of an ordinance specifically amending Ordinance No. to which this is attached. 3. This Agreement shall be a covenant running with the property, and shall be binding upon and shall inure to the benefit of the parties hereto, their heirs and personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and date first above written. JOHNSON COUNTY FARM BUREAU f ATTEST: I Secretary i Richard H. Davis By: Florence E. Davis as M" i R, i i l i a i t I I s 1 i � i :I PAGE 3 ATTEST: City Clerk CITY OF IOWA CITY By: Mayor STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of 198 , before me a Notary Public in and for fie State o owa, persona y appeareT- and to me personally known, wh o,eing by me duly sworn, did say a ey are the and of said corporation, that the seal affixed to said nstrument is the seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its board of directors and the said and acknowledged the execution of sa—tnin- s rumen to be a vo untary act and deed of said. corporation by it voluntar- ily executed. Notary Public in State of Iowa STATE OF IOWA JOHNSON COUNTY ) SS: On this day of 198 , before me, a Notary Public in and for tH—e State of Iowa, persona ly appeared Richard Davis and Florence E. Davis, husband and wife, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for said County and State r' tefvec! _Oi' i� f Leo:l, o2,2 7� I0 PAGE 4 STATE OF IOWA ) JOHNSON COUNTY ) SS: On this day of 198 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known., who, being by me duly sworn, did say that they are the Mayor and City Clerk respectively, of said municipal corporation executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said John McDonald and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corpo- ration, by it and by them voluntarily executed. Notary Pu c in and for said County and State aa�� 3 �u ORDINANCE NO. ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED NORTHEAST OF U.S. HIGHWAY 218 AND WEST OF MORMON TREK BOULEVARD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That the property described e ob—1 wis hereby reclassified from its present classification of R1 -A in the County to RS -5: Beginning. at the northeast corner of the northwest quarter of the northwest quarter of Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian; thence S00020'30"W, a recorded bearing, 532.40 feet, along the east line of said northwest quarter of the north- west quarter to a point on the northeasterly right-of-way line of the relocated primary road U.S. Highway No. 218; .thence N47047100"W, along said northeas'ierly right-of-way line, 792.93 feet; thence S89057138"E, along the north line of said northwest quarter of the northwest quarter, 590.42 feet, to the point of begin- ning. Said tract of land contains 3.61 acres more or less. SECTION II. The Building Inspector is ere y au ori zed and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publica- tion of this ordinance as provided by law. SECTION III. The City Clerk is hereby aut o—riz� and directed to certify a copy of this ordinance which shall be recorded by the property owner at the office of the 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 provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provis on 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 aa79 2 i I not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This r finance s a a in effect after its final passage, approval and publication as required by law and the effective date of the City's annexation of the property described in Section I. Passed and approved this MAYOR i ATTEST: —TM MAK Itooelved b Approved Sy al Da t ORDINANCE NO. 85-3266 217 ORDINANCE TO -AMEND THE ZONING ORDINANCE, ADOPTED BY ORDINANCE 85-3239, TO PERMIT PHOTOGRAPHIC STUDIOS IN THE CO -1 ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. To permit photo- graphic studios in the CO -1 zone and establish a parking requirement for them. SECTION II. AMENDMENT. That the Iowa City Lode o r finances Section 36-17(b) be amended to include the following: (10) Photographic Studios. That Section 36-58(a)(2) be amended to include the following: o.l Photographic studios Where permitted Two (2) parking spaces for each office, studio and reception area, provided that there shall be no less than five (5) spaces. SECTION III. REPEALER. All ordinances and parts ot ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part 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- nance Shall a in ettect after its final passage, approval and publication as required by law. Passed nd approved this 17th day of December, 85. V� AYOR ATTEST: Ne" tv Y C aa8'o I it It was moved by Strait and seconded by Dickson that the r finance as re -a- a adopted and upon ro ca ere were: AYES: NAYS: ABSENT: X AMBRISCO R BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER First consideration 12/3/85 Vote for passage: Ayes: Dic son, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: None. Absent: Erdahl. Second consideration Vote for passage a y Date published 12/24/85 y � � Moved by Strait, seconded by Dickson, that the rule requiring ordinances to be co.sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be 3 waived and the ordinance be voted upon for final j passage at this time. Ayes: Erdahl, McDonald, Strait, i Zuber, Ambrisco, Baker, Dickson. Nays: None. I t fI � ' k i � I I I I i i as 8o ORDINANCE NO. 85-3267 AN ORDINANCE AMENDING THE 20NING ORDINANCE TO ESTABLISH A RESEARCH DEVELOPMENT PARK (RDP) ZONE. BE IT ORDAINED. BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordTnance is to establish a zone to provide areas for the location of office, research, limited production and/or assembly and similar uses. SECTION II. AMENDMENTS. The Zoning T nance, ap Fe -7-the Iowa City Code of Ordinances, is hereby amended as follows: Sec. 36-5(a) shall be deleted and the following inserted in lieu thereof: (a) Intent. This zone is intended to prov a for areas of managed growth in which agricultural and other non -urban uses of land may continue, until such time as the City is able to provide municipal services and urban development can take place. Upon provision of municipal services, the City will and the property owner may initiate rezoning of property to uses consistent with the Comprehen- sive Plan. ID designations on the zoning map shall be reevaluated with each revision of the Comprehensive Plan. IO designations shall consist of ID -RS (single-family residential), ID -RM (multi -family residential), ID -ORP (office research park), and ID-RDP (research development park) to reflect the intended use of the property in the future. Sec. 36-5(c) shall be amended by adding the following: (4.1) Research development park (RDP) uses provided they are developed in accordance with the applicable special provisions of this zone. Sec. 36-5(g) shall be amended by adding the following: (3) Research development park uses may develop in those areas designated ID-RDP in accordance with the requirements of the RDP zone. Any such uses shall be constructed to full City development standards and shall provide approved private water a.2 PAGE 2 and sewer facilities until such time as City services are extended to the area. Sec. 36-24, provisions for a Research Development Park Zone (RDP) shall be added as follows: Sec. 36-24. Research Development Park Zone (ROP). (a) It is intended that this zone provide areas for the development of office, research, limited production and/or assembly, and similar uses. The requirements of this zone are intended to provide protection from adverse impacts of uses within this zone on adjacent land uses. Hotels, motels, and similar uses should be located along the periphery of the zone or in such other locations that do not adversely affect the setting and quality of development for the permitted uses of the zone. (b) Permitted uses. (1) Data processing and computer operations. (2) Merchandise and product display centers, but not including the retail sale of merchandise. (3) Offices for business, educa- tional, financial, governmental, industrial or professional uses. (4) Research, testing, and experi- mental laboratories. (5) Establishments for the manufac- ture, assembly, service, and repair of the products listed below: a. Pharmaceuticals. b. Office, computing, and accounting machines. c. Communication equipment. d. Electronic components and accessories. e. Engineering, scientific and research laboratory equipment. f. Measuring and controlling instruments. g. Optical instruments and lenses. h. Surgical, medical, and dental instruments and supplies. aA Yi PAGE 3 i. Photographic equipment and supplies. J. Electrotherapeutic, electromedical, and x-ray apparatus. k. Jewelry, silver, and plated ware. (6) Printing and publishing facili- ties. (c) Provisional uses. (1) Warehousing, storage, and distribution facilities associated with and related to any of the principal uses described in subsection (b), above, and physically attached to a structure or structures occupied by such facilities. Such facilities may occupy up to 60 percent of the total gross floor area occupied by the use. (d) Special exceptions. (1) Child care facilities. (2) Communication stations, centers, studios and towers, provided that towers shall be .located at least as far away from lot lines as their height above grade. (3) Heliports and helistops subject to the requirements of Section 36-55. (4) Hotels, motels and convention centers, and restaurants accessory thereto. (5) Public utilities, except public utility storage yards. (6) Schools - specialized private instruction. (e) Dimensional requirements. (1) Minimum lot area: two (2) acres. (2) Minimum lot width:None. (3) Minimum lot frontage: None. (4) Required yards: Front - none, except where a lot abuts or is across the street from a residen- tial zone, an ORP or ID zone, no building, or parking or loading area shall be closer to the zone boundary than 150 feet. A parking area may be located to within 60 feet of a residen- a A ?/ i PAGE 4 tial, ORP, or ID zone boundary if the parking area is screened as provided in Section 36-76(j)(1)b. Side - none, except where a lot abuts or is across the street from a residen- tial zone, an ORP or ID zone, no building, or parking or loading area shall be closer to the zone boundary than 150 feet. A parking area may be located to within 60 feet of a residen- tial, ORP or ID zone boundary if the parking area is screened as provided in Section 36-76(j)(1)b. Rear - none, except where a lot abuts or is across the street from a residen- tial zone, an ORP or ID zone, no building, or parking or loading area shall be closer to the zone boundary than 150 feet. A parking area may be located to within 60 feet of a residen- tial, ORP or ID zone boundary if the parking area is screened as provided in Section 36-76(j)(1)b. (5) Maximum building bulk: Height - three stories. Lot coverage - 505. (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV of this Chapter, the divisions and sections of which are indicated as j follows: (1) Accessory uses and require- ments: See Article III. a. Permitted accessory uses and buildings: See Section 36-56. 02';8/ I i i PAGE 5 I b. Accessory use and building regulations: See Section 36-57. C. Off-street parking requirements:See Section 36-58. d. Off-street loading requirements: See Section 36-59. e. Sign regulations: See Section 36-60. f. Fence regulations: See Section 36-64. (2) General provisions: See Article IV. a. Dimensional requirements: See Division I. b. Tree regulations: See Division II. c. Performance standards: See Division III. d. Nonconformities: See Division IV. (g) Special provisions. (1) In no instance shall an area zoned ROP be less than 10 acres. Sec. 36-56(e) shall be deleted and the following inserted in lieu thereof: (e) In the ORP, I and RDP zones. There may be any accessory use including but not limited to printing, publishing, design, development, fabrication, assemblage, storage and warehousing, and child care facili- ties provided that: (1) Fences are erected in compliance with Sec. 36-65. (2) Off-street parking and loading are provided as required in Sections 36-58 and 36-59. (3) Signs are erected in compliance with Sec. 36-60. (4) A communication tower's distance from an R zone is at least equal to the height of the tower. Sec. 36-58(d)(2)b. shall be* deleted and the following inserted in lieu thereof: b. In I, ORP and ROP zones, the nearest point of the parking area to the nearest point of the building that the parking area is required to serve shall not be greater than 600 feet. CPO; p/ I PAGE 6 Sec. 36-62(a)(2)j.l. shall be deleted and the following inserted in lieu thereof: j 1. Off -premises signs shall not be 3I permitted in residential, CO -1, CN -1, CB -10, ORP and ROP zones, in the CB -2 zone, only off -premises facia signs shall be allowed. Off -premises signs may be billboard signs or any other type of sign allowed in the zone in which the sign is located. Sec. 36-62(c)(1)a.2, shall be deleted and the following inserted in lieu thereof: 2. Non-residential uses in the ID -ORP zone, other than ORP uses, and in the j ID -ROP zone, .other than RDP uses, shall be required to comply with the sign regulations of the CO -1 and CN -1 zones. Sec. 36-62(c)(1)a. shall be amended by adding thereto the following: 5. RDP uses in an ID-RDP zone shall be permitted signage in accordance with the requirements of the RDP zone. Sec. 36-62(c)(6) shall be deleted and the following inserted in lieu thereof: (6) I-1, I-2, ORP and RDP zone regula- tions. a. Permitted signs. 1. s. Z. Onlye Facia of the following signs: a. Identification monument sign. b. Identification free-standing sign. 3. Window signs. b. Provisional signs. 1. When two (2) or more uses are located on a lot, a common monument or free-standing sign may be erected. The maximum area of the common sign may be 50% larger than the area of the maximum individual sign allowed. 2. In the I-1 and I-2 zones, two free-standing or monument signs are permitted provided that the distance between the two signs is no less than 150 feet as measured along the frontage of a single lot. as If/ I PAGE 7 c. Dimensional requirements. 1. Uses in this zone shall be allowed a maximum building sign area per sign wall equal to 15% of the sign wall on which the sign is to be located. 2. Individual sign allowances. a. Sign: Facia. Maximum Area: 15% of the s gni waTi area. Maximum Hei ltt: None. b. 3� gg_�(onument. aVinum Area: Two (2) square -Te-e-F per lineal foot of lot frontage, not to exceed 150 square feet or 75 sq, ft. per sign face. Maximums: Five (5) 1 ee ' c. Stern: Free-standing Aazimum Area: One (1) square foot per lineal foot of lot frontage not a to exceed 100 square feet or 50 sq. ft. per sign face. Maxim_ um Height: 25 # ee , d. Sizn: Window. aTlaximum Area: 25% of the areaareaofiFe— window where it is mounted. Maximum oght: None. Sec. 36-65(c)(2) FITU -be delehtted and the following inserted in lieu thereof: (2) Except for the enclosure of livestock operations, barbed wire fences shall be permitted only in the C, I, ORP or RDP zones, provided that the bottom strand of barbed wire shall not be less than six (6) feet above grade. Sec. 36+70(a)(2) sha l be deleted and the following inserted in lieu thereof: (2) In the C, I, ORP and RDP zones. a. Grain elevators. b. Radio and television communica- tion towers. c. Stacks. d. Storage tanks and water towers. Sec. 36-76(a)(1) shall be deleted and the following inserted in lieu thereof: a;1/ PAGE 8 (1) In all C zones, and in the ORP and ROP zones, the emission beyond lot lines of smoke darker in shade than Ringlemann No. 1 from any chimney, stack, vent, opening, or combustion process is prohibited. Sec. 36-76(b)(1) shall be deleted and the following inserted in lieu thereof: (1) In all C zones, and in the ORP and ROP zones, the emission of particu- late matter suspended in air shall not exceed 0.35 grains(.0023 ounces) per standard cubic foot (70 degrees F. and 14.7 psia) of air during any one-hour period or a total from all vents and stacks of one-half (1/2) pound per hour per acre of lot area during any one-hour period. Sec. 36-76(d)(1) shall be deleted and the following inserted in lieu thereof: (1) In all C zones, and in the ORP and ROP zones, the release beyond lot lines of airborne toxic matter shall not exceed 1/8th of the Threshold Limit Values. Sec. 36-76(e)(11 shall be deleted and the following inserted in lieu thereof: (1) In all ID and C zones, and in the ORP and ROP zones, when measured beyond lot lines at ground level or habitable elevation, odorous matter shall not exceed the odor threshold coom itration. Sec. 36-76(f) shall be deleted and the following inserted in lieu thereof: (f) Vibration. Earthborne vibrations from. any operation or activity shall not exceed the displacement values below. Vibration displacements shall be measured with an instrument capable of simultane- ously measuring in three mutually perpendicular directions. The maximum vector resultant shall be less than the vibration displacement permitted. The maximum displacements shall be determined by the following formula: K IT = f where O - displacement in inches K - a constant given in table below f = the frequency of the vibration transmitted through the ground in cycles per second. aA R/ 1 1 I Mag a i • Lastest R by 1•ra er Yihratim a { i 0$peltlee (at lust I t tesom rest Wtaaa Ent than a Pune am Place Oulu$ Mich 00 net puha per wain. of IMsura$�[ Continues ncaa0 I fttam Oilatia( C Pen'mo ORP . and ROP Pont 0.001 0.006 0.015 at let lines I lora: a. at me 0.010 0.060 0.150 bo wary lifts 0. at R tone. 0.001 0.006 0.015 rocrutlaal area. or $meal ooumlry lift[ 1 1 I . y a i a { i t I J I PAGE 10 Sec. 36-76(j)(1)a. shall be deleted and the following inserted in lieu thereof: a. Except for a use in an ORP or RDP zone, screening shall be provided along lot lines or street right-of-way in a manner sufficient to effectively obscure the commercial or industrial use from view at ground level within the lot lines of a residential, or ORP zone, or school, abutting or located across the street from said commercial or industrial use. Sec. 36-76(j)(1)b. shall be deleted and the following inserted in lieu thereof: b. In an ORP or ROP zone where parking is located within 60 feet of an R, ORP or ID zone boundary, screening shall be provided in a location and manner sufficient to effectively obscure all off-street parking and loading, storage, or other such areas of activity from view within the lot lines of the residential zone or school. SECTION III. REPEALER. All ordinances and pars of or mantes in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any sec ion, proves on or part of the Ordi- nance shall be adjudged to be invalid or unconstitutiona „ 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 Ordinance s a a In effect after its final passage, approval and publication as required by law. Passed an approved this 17th day of December, v ��" MAYOR ATTEST: CITY CLFRK 8 Appmved Ry T:t .4xtl It n ,;2 It was moved by Ambrisco and seconded by Baker that the r finance as read be adopted and upon ro ca ere were: AYES: NAYS: ABSENT: g AMBRISCO -(j ' — BAKER DICKSON X EROAHL X MCDONALO X STRAIT ZUBER First consideration 11/19/85 Vote for passage: yes: isson, Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: None. Second consideration 12/3/85 Vote for passage y-37 na , Strait, Zuber, Ambrisco, Baker, Dickson. Nays: None. Absent: Erdahl. Date published 12/24/85 ORDINANCE NO. 85-3268 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 Or inances 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. I ■ k� 1 SECTION II.CERTIFICATION. The City Clerkis hereby au orize 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 part 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. SECTIONV. EFFECTIVE DATE. This Ordi- nance shy e n effect after its final passage, approval and publication as required by law. Passed and approved this 17th day of December, 1985 YR ATTEST: 'Y/ 'CITY CLERK i It was moved by Baker and seconded by Ambrisco that the r finance as read be adopted and upon ro ca ere were: AYES: NAYS: ABSENT: x AMBRIScO x BAKER x_ DICKSON x ERDAHL x_ MCDONALD X STRAIT X ZUBER First consideration 11/19/85 Vote for passage:yes: r✓r a , 11cDonald, Strait, Zuber, Ambrisco, Baker, Dickson. Nays: None. Second consideration 12/3/85 Vote for passage Ayes: Strait, Zuber, Ambrisco, Baker, Dickson, McDonald. Nays: None. Absent: Erdahl. Date published 12/24/85 A'A 83- i I I, i i i j I i f I i I I I I I I � I 1 I t ORDINANCE NO. 85-3269 ORDINANCE ESTABLISHING PLANNED DEVELOPMENT HOUSING (OOPH-8) ON 7.44 ACRES FOR MELROSE LAKE APARTMENTS LOCATED ON WOODSIDE DRIVE EXTENDED, IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. APPROVAL. The final PDH plan or Melrose Lake Apartments submitted by T.H. Williams and legally described in Attachment A is hereby approved. SECTION II. VARIATIONS. Variations from the underlying RS -8 zoning approved as part of this PDH plan include multi -family residential units rather than single-family or duplex units; and a modification of the front yard require- ments from twenty (20) feet to ten (10) feet. The overall density remains at five thousand (5,000) square feet per unit as required by the underlying RS -8 zone. SECTION III. REPEALER. All ordinances an pars o or nances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If -any section, provision or part 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 OAT'. This Ordi- nance s ,n a e a a cr atter its final passage, approval and publication as required by law. Passed and approved this 17th day of December, MAYOR ATTEST: J!1nwids 4 ` CITY CLERK Reeeyw! G Approved ATTACHMENT A Legal Description Melrose Lake Apartments i, Commencing at the Northwest Corner of the Northeast Quarter of Section 16, Township 79 North, Range 6 West of the 3th. Principal Meridian; Thence N87"431390W, along the Centerline of Melrose Avenue, 656.58 feet; Thence 51057'43"E, along the West Line of the East Half (1/2) of the Northwest Quarter (1/4) of the Northeast Quarter (1/4) of the Northwest Quarter (1/4), of .said Section 16, 662.71 feet to the Point it Beginning; Thence 688.1113801, 606.83 feet to the Southwesterly Right -of -Way Line of the Chicago, Rock Island, and Pacific Railroad; Thence 544.35 48.1. .along amid Railroad Right -of -Way Line. 314.93 feet; Thence Sbd•3l'00"W, 321.97 feet to the Northeast, Corner of Lot B. Lakewood Addition, an addition to the City of Iowa City, Iowa; Thence N86026100 "W. 141.30 feet; Thence 331.381000W, along the Northerly Line of said Lakewood Addition; 75.00 feet; Thence 166.16100"W, 71.00 feet; Thence S53 -IE -00"W, 98.80 feet; Thence S53"33'00"W,.168.28 feet; Thence S49010100"W, 98.60 feet; Thence 547.09100"W. 66.10 feet to the Southwest Corner of Lot 1 of said Lakewood Addition; Thence X87.26100"W, 32.01 feet; Thence NI"37'43"W, 637.66 Leet to the Point of Beginning. Said tract of land contains 7.44 acres more or let's and Is. subject to easements and restrictions of record. i RO?X3 1 ■ It was moved by Strait and seconded by Ambrisco that the Ordinance as read be adopted and upon ro ca ere were: q; AYES: NAYS: ABSENT: X AMBRISCO x BAKER R DICKSON X ERDAHL R MCOONALD X STRAIT j X ZUBER I, i First consideration 10/22/85 Vote for passage: Ayes: Strait, Ambrisco, McDonald, Zuber. Nays: Baker, Dickson, Erdahl. Absent: None ' Second consideration 11/12/85 Vote for passage Ayes: u er, risco, 1 McDonald, Strait. Nays: Baker, Dickson. Absent: Erdahl. $ Date published 12/24/85 Received p, Approved DY e Thal l�'S7 p e a p rhtmnf i 1 I i I Om• department of water, air and waste management December 3, 1985 Terrance H. Williams 342 Lexington Ave. Iowa City, IA 52240 RE: Proposed Development along Melrose Lake Dear Mr. Williams: Your application for approval to construct apartment complexes along Melrose Lake has been approved. Enclosed is Flood Plain Development Permit Number FP 85-213 and an approved copy of the plans. The permit was issued subject to various conditions which you should review carefully. If you don't agree with any of these conditions, you have 30 days from the date of mailing of the permit to appeal. If you wish to appeal, it's suggested that you contact our Legal Services Division within 15 days to determine the correct procedure and format: Also, you should be aware of the fact that any person can appeal the issuance of this permit within the same 30 day period. Also enclosed is a WAWM Form 37, Notification of Completion of Construction. The Form 37 should be completed and returned within 30 days of the completion of construction. Thank you for your patience and cooperation. If you should have any questions, please feel free to contact our office. Sincerely, P.OGRAM PE NS DIVISION a • D. Riessen, P.E. C ief, For Plain Permits Branch JDR:DC:mla/FPPW337FO2.01 (P02) Enclosure cc: John W. Hayek, Hayek„ Hayek., Hayek and Holland, Iowa City Christopher Stephan, MMS Consultants, Inc., Iowa City Mary Ann Milkman, Dept, of Planning S Program Dev., Iowa City Lance Salisbury, Iowa City Jenny Tyler, Iowa City henry o. wallace building • ODD east gland • des moines -w a 5J; 7 C , 515/281.8600 IOWA DEPARTMENT OF WATER, AIR AND WASTE MANAGEMENT FLOOD PLAIN DEVELOPMENT PERMIT PERMIT NUMBER: FP 85-213 PERMIT ISSUED TO: Terrance N. Williams 342 Lexington Ave. Io a Cit I5'1 7240 PERMIT ISSUED BY: (/ _�_ DATE: December 3, 1985 4 c ies en hi f, Flood Plain Permits PROJECT LOCATION: NW; of Section 16, T79N, R6W, Iowa City, Johnson County, Iowa i PERMITTED ACTIVITY: In accordance with the approved plans and subject to the following permit conditions, permittee is authorized to develop two apartment ' complexes along Melrose Lake at the above described location. BASIS FOR ISSUANCE: The decision to issue this permit was based on a staff re- view of the project with respect to relevant approval criteria contained in Chapter 72 of the Department's administrative rules (Agency 900, Iowa Admini- strative Code). Results of the staff review are summarized in the attached pro- ject review report by Dave Claman dated November 25, 1985 and this report is a part of this permit, i 1 PERMIT CONDITIONS: I. Disclaimer. No legal or financial responsibility arising from the construe- 1 t ons, operation or maintenance of the approved works shall attach to the State of Iowa or the Department due to issuance of this permit. 2. Maintenance. The permittee and any successor in real estate on which the permute activity is located shall be responsible for proper maintenance. 3. Other Permits Licenses and Re ulations. The permittee shall be respon- s e for comp y ng with a other local, state and federal statutes, ordi nances, rules and permit requirements applicable to the construction, opera- tion and maintenance of the approved works. 4. Revocation. This permit may be revoked by the Department if construction is not comp eted within 3 years of the date of issue. I 5. Chan a in Plans, This permit only authorizes construction in accordance with t e approved plans. No changes shall be made without prior authoriza- tion from the Department. FPPW337FO3.01 " AA3 ■ ■ V �l Flood Plain Development Permit Terrance H. Williams Page 2 6, Lands Easements and Ri hts-of-tJa The permittee shall be responsible for o taining all Ian s, easements or rights-of-way necessary for the construction and maintenance of the approved works. 7, Foundation Investiaution, ,The applicant shall provide qualified geo- tec nical personnel to interpret any unusual conditions or identify any Potential problems during the foundation excavation. Geotechnical personnel should ensure that the footings are constructed as designed to provide acceptable bearing capacity, CERTIFICATION OF ,MAAILING I hereby certify that I have this -i � day of mailed Flood Plain Development Permit No. FP 85 - 213 to the permittee, ) 8y �%'I�/ JR:DC:mla/FPPW337FO3,01 X0383 -1 Flood Plain Project Summary Report Project: Melrose Lake Development FP 85-213 By: Dave Claman Date: November 25, 1985 PROJECT DESCRIPTION Terrance H. Williams, of Iowa City, has submitted an application and plans for the proposed development of an apartment complex on Melrose Lake in the NW; of Section 16, T79N, R6W, Iowa City, Johnson County, Iowa. The applicant is seeking approval for the proposed structures so .that the property can be sold as developable. The applicant proposes to develop a 24 unit apartment complex on the north side of the impoundment and a 10 unit facility on the southeast side of the lake. The area between these two structures (embankment)'will be used as parking lots for the apartment buildings. Additionally, the applicant proposes to modify the inlet structure and outlet pipe to improve the flow characteristics of the spillway. The upper three feet of the inlet structure will be rebuilt to provide 2 additional port holes and a triangular grate on top of the inlet to reduce the potential for debris blockage. Two or three sections of the outlet pipe will be removed and re- installed to minimize piping problems at the toe of the dam. These modifications are envisioned as ordinary maintenance or repair. The spillway height or dimensions of the dam or spillway will not be subject to change, therefore, approval of the dam will not be required in accordance with 900-71.3(4). IAC, modifications to existing dams. Departmental Jurisdiction The development is located adjacent to the top of dam embankment where flooding may occur from overtopping of the dam. Therefore, approval from the Department of Water, Air and Waste Management is required pursuant tt 900-71.7(4)(4558), Iowa Administrative Code (IAC). The dam is a pre -statutory structure which will not require approval for the hydrologic/hydraulic integrity of the dam. Project Review The project review consisted of evaluating the design plans to ensure the loca- tion and first floor elevation of the proposed development met Departmental criteria. 0707913 i Flood Plain Project Summary Report Melrose Lake Developrent Page 2 Location The structure will be located within the area that was earlier designated by the Department as developable. This area was determined from results of a field investigation, from use of numerous aerial photos and topographic maps, Shive-Hattery's foundation investigation report, and a preliminary plat entitled "Blane Roc" dated October of 1971. This plat provided one foot contour intervals through the impoundment which were extrapolated thru the dam area to determine the pre -dam valley configuration. Based on the information obtained, the development area was designated on relatively shallow fill and away from any abrupt changes in the natural valley section. Essentially, the area not recommended for development is the area which was approximated to be the dam embankment. Floodproofing The structures themselves must be adequately floodproofed so that the minimum low water entry elevation will be higher than the design storm elevation. Design storms are dependent upon hazard classification. Hazard class was determined from a field inspection of the downstream development. The flood plain is free of houses and buildings for the first 2000 feet downstream of the dam. Below this point, the stream travels thru and under a residential and business area to its confluence with the Iowa River. The dam was determined to have a moderate hazard designation since the dam has a low embankment height and small total storage capacity. Also, the dam breach flood attenuation due to 2000 feet of flood plain storage prior to the stream reaching the developed area, and flooding of a wide and flat flood plain downstream, would produce shallow depths which should limit damage to property without loss of life. Therefore, the moderate hazard classification is justified. The minimum flood protection level elevation was determined using the criteria in the Iowa Administrative Code and WAWM Technical Bulletin No. 16, 'Criteria and Guidelines for Iowa Dams'. Basin characteristics (i.e.,-drainage area, time of concentration, and SCS runoff curve number) were developed with the use of aerial photos and a USGS topographic map. Flood hydrographs were computed from SCS methodology using the computed basin parameters and rainfall data found in the Iowa Department of Agricultural Publication "Climatology of Iowa Series 12". The principal spillway (50 year 1 day/10 day) and the emergency spillway (freeboard) hydro - graphs (1/2 PMF for moderate hazard dam) were computed and routed using the SCS 'Hydro' computer program. The routing results and other pertinent infor- mation can be found on the attached summary sheet. FPPW337FO1.01 IQ A83 1 Flood Plain Project Summary Report Melrose Lake Development Page 3 Recommendation The project as proposed meets the applicable ..,iteria for development adjacent to dams under 900-72.3(455B), IAC and the statutory criteria of Section 4558.215, Iowa Code. Approval is recommended with general conditions and the following special condition: (1) Foundation Investi ation. The applicant shall provide qualified geotechnica personnel to interpret any unusual conditions or identify any potential problems during the foundation excavation. Geotechnical personnel should ensure that the footings are con- structed as designed to provide acceptable bearing capacity. DC:mla/FPPW337FO1.01 (PO2) i ORDINANCE NO. AN ORDINANCE REPEALING SECTIONS 3-17 AND 3-18 IN CHAPTER 3 ("ADVERTISING") AND REPEALING IN THEIR ENTIRETY CHAPTER 6 ("AMUSEMENTS"), CHAPTER 19 ("JUNK DEALERS AND PAWN BROKERS") AND ARTICLE II OF CHAPTER 21 ("FORTUNE-TELLERS, PALMISTS, PRENOLOGISTS AND CLAIRVOYANTS") OF THE i CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. PURPOSE. The purpose of this ordinance is To—repeal certain licensing provisions of the City Code. SECTION II. AMENDMENTS. 1. Sections 3-17 an 3-18 in Chapter 3 ("Advertising") of the Code of Ordi- nances of the City of Iowa City, Iowa, are hereby repealed. 2. Chapter 6 ("Amusements") of the Code of Ordinances of the City of Iowa City, Iowa, is hereby repealed in its entirety. 3. Chapter 19 ("Junk Dealers and Pawn Brokers") of the Code of Ordinances of the City of Iowa City, Iowa, is hereby repealed in its entirety. 4. Article II of Chapter 21 ("Fortune -Tellers, Palmists, Prenologists and Clairvoyants") of the Code of Ordinarces of the City of Iowa City, Iowa, is hereby repealed. 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 sec- tion, provision or part of the Ordinance shall be adjudged to be invalid or uncon- stitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION V. EFFECTIVE DATE: This Ordi- nance s a e n e acta ter its final passage, approval and publication as required by law. Passed and approved this ATTEST: CITY CLERK a3�� It was moved by and seconded by that the�i d7'nance as rea a adopted and upon roTl—ca7—fFere were: AYES: NAYS: ABSENT: AMBRISCO BAKER DICKSON ERDAHL MCDONALD _ STRAIT ZUBER First consideration 12/17/85 Vote for passage: Ayes: Strait, Zuber, Ambrisco, Dickson, Erdahl, McDonald. Nays: Baker. Second consideration Vote for passage Date published a 3/7 1 It was moved by and seconded by that the�i d7'nance as rea a adopted and upon roTl—ca7—fFere were: AYES: NAYS: ABSENT: AMBRISCO BAKER DICKSON ERDAHL MCDONALD _ STRAIT ZUBER First consideration 12/17/85 Vote for passage: Ayes: Strait, Zuber, Ambrisco, Dickson, Erdahl, McDonald. Nays: Baker. Second consideration Vote for passage Date published a 3/7 ORDINANCE NO. 85-3270 AN ORDINANCE AMENDING SECTION 23-255'OF THE CITY CODE TO INCREASE THE FINE FOR CERTAIN PARKING VIOLATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. PURPOSE. The purpose of this amen en is To increase the fine for overtime parking and for violation of the one-hour restricted parking in the Civic Center lot from two dollars to three dollars. SECTION II. AMENDMENT. Subsections (b) an-canF-FcT of Section_ 23-Z55 of the Code of Ordinances of the City of Iowa City, Iowa are hereby repealed and substituted in their place are the following new subsec- tions (b) and (c) of Section 23-255: (b) All fines for overtime parking in violation of division 3 of this article shall be three dollars ($3.00). (c) All fines for violation of the one-hour restricted zone in the civic center lot shall be three dollars ($3.00). SECTION III. REPEALER: All ordinances and parts of ord nances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any sec on, provis on or part 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- nance shall a in effect after its final passage, approval and publication as required by law. Passed and app oved this 17th day of December, 1985. // ATTEST: EeceMc-d C O;opn:voe By Tha Logoi oportt:xeni it J3I85 X3/8 a ■ I It was moved by Strait and seconded by Ambrisco that the Ordinance as rea a adopted and upon ro c- ere were: AYES: NAYS: ABSENT: X AMBRISCO x_ BAKER x_ DICKSON —x ERDAHL X MCDONALD X _ STRAIT ZUBER i First consideration 11/19/85 ! Vote for passage: a e—r is son, Erdahl, Strait, Zuber, Ambrisco. Nays: McDonald. 3 Second consideration 12/3/85 Vote for passage Ayes: is on, trait, Zuber, Ambrisco, Baker. Nays: McDonald. Absent: Erdahl. Date published 12/24/85 + r ORDINANCE 140. 85-3271 AN ORDINANCE ESTABLISHING A SPECIAL ELEVATION AND GRADE FOR CERTAIN SIDEWALKS IN IOWA CITY, IOWA. WHEREAS, Section 31-97 of the Code of Ordinances of the City of Iowa City, Iowa, provides that the height of grade of streets, avenues and alleys above the datum plane referred to in Section 31-8 shall be set forth by ordinance, and WHEREAS, the plans ai.d specifications for the Sidewalk Assessment Project -FY86 provide for a special grade for the sidewalks included within said Project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The elevation and grade of all sidewalks included in the Sidewalk Assessment Project - FY86, are hereby established as shown in the Sidewalk Assessment Project FY86 as constructed plans and specifications on file in the City Clerk's Office. SECTION I. REPEALER: All ordinances and pars of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION II. 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 III. EFFECTIVE DATE: This Ordinance shall e in effect after its final passage, approval and publication as required by law. Passed and approved this 17th day of December, 1985.?) _ ATTEST: It was moved by Erdahl and seconded by Strait that the r finance as read be'adopted and upon ro ca ere were: AYES: NAYS: ABSENT: _x AMBRISCO X BAKER X OICKSON X ERDAHL X MCOONALD X STRAIT ZUBER First consideration 12/3/85 Vote for passage: Ayes: McDonald, Strait, Zuber, Ambrisco, Baker, Dickson. Nays: None. Absent: Erdahl. Second consideration Vote for passage i Date published 12/24/85 i 1 Moved by Erdahl, 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 second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Nays: None. a3 /9 ORDINANCE NO. 85-3272 I AN ORDINANCE ESTABLISHING A SPECIAL I ELEVATION AND GRADE FOR CERTAIN ALLEYS IN IOWA CITY, IOWA. WHEREAS, Section 31-9 of the Code of Ordinances of the City of Iowa City, Iowa, provides that the height of grade of streets, avenues and alleys above the datum plane referred to in Section 31-8 shall be set forth by ordinance, and WHEREAS, the plans and specifications for the FY86 Alley Paving Assessment Project provide for a special grade for the alleys included within said Project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The elevation and grade of all alleys included in the FY86 Alley Paving Assessment Project, are hereby established as shown in the FY86 Alley, Paving Assessment Project plans and specifica- tions on file in the City Clerk's Office. SECTION I. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION II. SEVERABILITY: If any section, provision or part of the Ordi- nance shall be adjudged to be invalid or 4 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 c unconstitutional. r SECTION III. EFFECTIVE DATE: This Ordinance s a a in effect after its final passage, approval and publication as required by law. Passed and approved this 17th day of December, 1985.8 A ^ r ATTEST: ,713-20 ■ It was moved by Erdahl and seconded by Strait that the finance as read a adopted and upon ro cFa 1—E�ere r were: AYES: NAYS: ABSENT: x_ AMBRISCO x_ BAKER x DICKSON _ ERDAHL �_ MCDONALD X STRAIT X ZUBER First consideration 12/3/85 Vote for passage: Ayes: Strait, Zuber, Ambrisco, Baker, Dickson, McDonald. Nays: None. Absent: Erdahl. Second consideration Vote for passage Date published 12/24/85 Moved by Erdahl, seconded by Zuber, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: None. A3a0 T I ORDINANCE NO. 85-3273 AN ORDINANCE TO AMEND THE CITY CHARTER TO ALLOW ELIGIBLE ELECTORS TO SIGN COUNCIL NOMINATING PETICIONS. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: SECTION I. PURPOSE. This ordinance, amending Section 2.UFof the Iowa City Charter, will allow unregistered but otherwise qualified persons to sign nominating petitions of City Council car;;idates. SECTION II. AMENDMENT. Section 2.01 of the City Charter o owa City is hereby repealed, and the following is adopted in lieu thereof: 2.01 sition' e i y ouncil cnnsists of seven members. As provided in Article III, four, to be known as Council members at large, are to be nominated by eligible electors of the City at large, and three, to be known as district Council members, are to be nominated by eligible electors of their respective districts. All Council members shalt be elected by the qualified electors of the City at large. SECTION III. REPEALER: All Charter provisions, or finances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any section, provision or Raff_77 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 Ordinance shall e in effect after its final passage, approval and publication as required by taw. Passed and December, 1985. i ATTEST: this 17th day of u A?Prover: C23a/ , It was moved by Erdahl and seconded by Ambrisco that the Ordinance as rea a adopted and upon ro ca ere were: AYES: NAYS: ABSENT: X AMBRISCO BAKER x DICKSON ERDAHL _x MCDONALO X STRAIT X ZUBER First consideration 12/3/85 Vote for passage: yes: a er, ickson, McDonald, Strait, Zuber, Ambrisco. Nays: None. Absent: Erdahl. Second consideration Vote for passage Date published 12/24/85 Moved by Erdahl, 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 second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: McDonald, Strait, Zuber, Ambrisco, Baker, Dickson, Erdahl. Nays: None. .?3 a)