HomeMy WebLinkAbout1984-02-28 Ordinance60.
-- ity of Iowa City
= MEMORANDUM
Date: February 22, 1984
To: City Council
From: Karin Franklin
Re: Deferral of V-8401
The applicant for the vacation of the public highway easement along Mormon
Trek Boulevard has requested that the hearing on this item be deferred to
March 13, 1984, to enable the publication of another notice of public
hearing in the paper. The original notice included the word "access"
which the applicant feels may be misconstrued; the new notice will refer
to a "public highway easement." The Council's motion of deferral should
refer to setting a public hearing for March 13, 1984 for consideration of
the vacation of a public highway easement along Mormon Trek Realigned.
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ity of Iowa City
MEMORANDUM
Date: January 18, 1984
To: Planning and Zoning Commission
From: Karin Franklin, Planner
Re: V-8401. Vacation of Public Highway Easement along Mormon Trek
Boulevard Realigned
As part of the property acquisition for U.S. Highway 218 and Mormon Trek
Boulevard realigned, the Iowa Department of Transportation acquired easements
from West Side Company in the name of Johnson County for Mormon Trek
realigned right-of-way. Ownership of the property stayed in the hands of
West Side Company. When the City annexed West Side Company's property, the
public highway easement originally granted to the County transferred to the
City. At this time, West Side Company would like the City to vacate that
easement.
The West Side Park subdivision was approved by the City Council in December
1983 with an 80 foot right-of-way for Mormon Trek realigned and a 60 foot
right-of-way for West Side Drive dedicated to the City. Sewer, utility, and
access easements were also granted with the subdivision.- The public highway
easement covers a larger area than any of these dedications or easements.
Staff Recamiendation
The staff has determined that the right-of-way and the easements granted with
the West Side Park subdivision are sufficient and that the larger public
highway easement is no longer necessary. Therefore, it is recommended that
the public highway easement be vacated excluding all sewer, utility, and
access easements, the 80 foot right-of-way or ormon Trek Boulevard re-
aligned, and the 60 foot right-of-way foc-.t Park Drive as shown on the
final plat for West Side Park. i�
Approv
ser, uirector
of Planning &
Development
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V-8401
PUBLIC HIGHWAY�` ry oo fd
EASEMENT >°o$ .a a
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353
ORDINANCE NO.
AN ORDINANCE TO VACATE A PUBLIC HIGHWAY
EASEMENT ALONG MORMON TREK REALIGNED
THROUGH WEST SIDE PARK.
SECTION I. PURPOSE. The purpose of this
ar mance is to vacate a public highway
easement which was acquired by the Iowa
Department of Transportation in the name
of Johnson County for the construction of
U.S. Highway 218. The City of Iowa City
subsequently annexed the property underly-
ing the easement and thereby acquired said
easement.
SECTION II. VACATION. The City of Iowa
City hereby deems the following described
property to be no longer necessary for
public highway purposes and vacates said
property:
Beginning at a point N 0 degrees 25'E,
524.1 ft. from the Center of said Sec.
20, on the west line of said SW 1/4 NE
1/4; thence S 52 degrees 22 1/2'E, 140.3
ft.; thence S 61 degrees 52 1/2'E9' 60.8
ft.; thence N ,21 degrees 03'E,• 190.0
ft.; thence N 89 degrees 10 1/2'E, 504.3
ft.; thence S 79 degrees 51 1/21E, 178.2
ft.; thence S 68• degrees 08' E, 134.8
ft.; thence S 43 degrees 40' E, 139.7
ftl ; thence N 40 degrees 45' E, 182.8
ft.; thence N 50 degrees 42 1/2'W, 349.1
ft.; thence N 88 degrees 01'W, 439.1
ft.; thence S 80 degrees 08 1/21W, 207.3
ft; thence N 83 degrees 17 1/2'W, 179.7
ft.; thence N 68 degrees 13'W, 171.9 ft.
to the west line of said SW 1/4 NE 1/4;
thence S O degrees 251W, 311.8 ft. along
said west .line to the Point of Begin-
ning; containing 6.07 acres, more or
less.
Note: the west line of the NE 1/4 of
said Sec. 20 is assumed to bear N 0
degrees 25'E.
Mormon Trek Blvd, West Side Drive,
Utility Easements, Sanitary Sewer
Easements, Storm Easements, and Access
Easements, which may be located within
the above Public Highway Easement are,
all as shown on the Plat of blest Side
Park, an Addition to the City of Iowa
City, Iowa, recorded at Book 29, Page
45, Records of Johnson County, Iowa, are
not vacated, released or affected in any
353
It was moved by and seconded by
that the Ordinance as rea a adopted and upon rol I cal I there
were:
AYES: NAYS: ABSENT:
AMBRISCO
BAKER
DICKSON
ERDAHL
MCDONALD
STRAIT
ZUBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published
Received & Approved
ByThe Legal Department
/c6YY Z�yl1B'1r
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It was moved by and seconded by
that the Ordinance as rea a adopted and upon rol I cal I there
were:
AYES: NAYS: ABSENT:
AMBRISCO
BAKER
DICKSON
ERDAHL
MCDONALD
STRAIT
ZUBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published
Received & Approved
ByThe Legal Department
/c6YY Z�yl1B'1r
V
353
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ORDINANCE NO.
ORDINANCE AMENDING SECTION 10-35 OF THE
CODE OF ORDINANCES OF IOWA CITY, AMENDING
THE BOUNDARIES OF THE VOTING PRECINCTS IN
IOWA CITY TO INCLUDE PROPERTIES ANNEXED
SINCE 1981.
SECTION I. PURPOSE. The purpose of this
amendment is to revise the voting pre-
cincts in Iowa City to reflect the
inclusion of lands annexed to the corpo-
rate limits since 1981.
SECTION II. AMENDMENT. Section 10-35(9)
of the Code of Ordinances is hereby
amended by deleting said section and
substituting in lieu thereof the follow-
ing:
(9) Precinct nine (9): Beginning at the
southern intersection of the corporate
limits of the City of Iowa City and the
center line of the Iowa River channel,
north along the center line of the Iowa
River channel to Highway 6 Bypass, west
along Highway 6 Bypass to its intersec-
tion with Highway 1 at Riverside Drive,
west along Highway 1 to Miller Avenue,
north along Miller Avenue to West Benton
Street, west along West Benton Street to
its intersection with Mormon Trek
Boulevard, ,southerly along Mormon Trek
Boulevard, to southern corporate limits
of the City of Iowa City, starting east
follow corporate limits of City of Iowa
City to point of beginning.
Precinct Nine (9) shall also include the
following described property:
The northwest quarter (NW1/4) of the
northeast quarter (NE1/4) of Section 20,
Township 79 North, Range 6 West of the
Fifth Principal Meridian, Johnson
County, Iowa; said tract containing 40
acres more or less, and
The southwest quarter (SW1/4) of the
northeast quarter (NEI/4) of Section 20,
Township 79, North, Range 6 West of the
Fifth Principal Meridian, Johnson
County, Iowa, except the following:
Beginning at the center of said Section
20; thence N 0 degrees 25'E, 524.1 feet
along the west line of said SW1/4 NE1/4;
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thence S 52 degrees 22'1/2" E, 140.3
feet; thence S 6T degrees 52'7/2" E,
692.8 feet; thence N 76 degrres 41' E,
198.4 feet; thence N -40 degrres 45' E,
629.2 feet to the east line of said
SW1/4 NE1/4; thence south to the SE
corner of the SWI/4 of the NE1/4 of said
section; thence west to the center of
Section 20, which is the point of
beginning; said tract containing 30
acres more or less, and
Commencing at the Northeast Corner of
Section 20, Township 79 North, Range 6
West of the 5th Principal Meridian;
thence on an assumed bearing of S 00
degrees 00'00" E, 300.00 fet, along the
East line of said Section 20; thence S
89 degrees 26'31" 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
Right -of -Way line of Iowa Primary Road
No. 1; thence S 89 degrees 26'31" W,
85.99 feet along said Southerly Right -
of -Way line, to a point on the Present
Northwesterly Right -of -Way line of said
Iowa Primary Road No. 1, which point is
70.00 feet normally distant North-
westerly of said former Northwesterly
Right -of -Way line, and is the Point of
Beginning; thence S 30 degrees 37'44" W,
132.80 feet, along said present North-
westerly Right -of -Way line to a point
which is 60.00 feet normally distant
Northwesterly of said Northwesterly
Right -of -Way line of Iowa Primary Road
No. 1; thence N 75 degrees 29'54" W,
186.61.feet; thence N 34 degrees 56'58"
E. 80.00 feet, to a point on the
Southerly Right -of -Way line of Willow
Creek Drive; thence N 89 degrees 26'31"
E, 202.51 feet to the point of begin-
ning, and
Commencing at the Northeast Corner of
Section 20, Township 79 North, Range 6
West, of the 5th Principal Meridian;
thence on an assumed bearing of S 00
degrees 00,'00" E, 300.00 feet, along the
East line of said Section 20; thence S
89 degrees 26'31" 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
Right -of -Way line of Iowa Primary Road
No. 1; thence S 89 degrees 26'31" W,
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85.99 feet along said Southerly Right -
of -Way line, to a point on the present
Northwesterly Right -of -Way line of said
Iowa Primary Road No. 1, which point is
70.00 feet normally distant Northwest-
erly of said farmer Northwesterly
Right -of -Way line; thence S 30 degrees
37'44" W, 132.80 feet along said present
Northwesterly Right -of -Way line to a
point which is 60.00 feet normally
distant Northwesterly of said former
Northwesterly Right -of -Way line of Iowa
Primary Road No. 1, and which ipoint is
also the Point of Beginning; thence S 34
degrees 56'58" W, 325.04 feet to a point
_ which is 60.00 feet normally distant,
Northwesterly of said former North-
westerly Right -of -Way line of Iowa
i Primary Road No. 1; thence N 71 degrees
47'30" W, 182.58 feet; thence N 34
degrees 56'58" E, 312.46 feet; thence S
75 degrees 29'54" E, 186.61 feet to the
Point of Beginning.
Section 10.35(15) of the Code of Ordi-
nances is hereby amended by deleting said
section and substituting in lieu thereof
the following:
(15) Precinct fifteen (15): Beginning
at the southeast corporate limits of the
City of Iowa City, follow the corporate
limits of the City of Iowa City in a
northerly direction ,w est and then east
along the Chicago, Rock Island and
Pacific Railroad right-of-way and north
along Scott Boulevard to Muscatine
Avenue,w est along Muscatine Avenue to
First Avenue, south along First Avenue
to the center line of the Chicago, Rock
Island and Pacific Railroad right-
of-way, northwesterly along the Chicago,
Rock Island and Pacific Railroad
right-of-way to Pine Street, south along
Pine Street to Spruce Street, east and
south along Spruce Street to Lower
Muscatine Road, southeasterly along
Lower Muscatine Road to Sycamore Street,
south along Sycamore Street to center
line of Highway 6, southeasterly along
center line of Highway 6 to corporate
limits of City of Iowa City, and then
southeasterly along corporate limits of
City of Iowa City to point of begin-
ning.
Precinct Fifteen (15) shall also include
the following described property:
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:ommencing at the SW cor. of Sec. 18,
f79N, R5W of the 5th P.M.; thence N 00
iegrees 23'26"W 962.87 feet along the W
line of said Sec. 18 and the centerline
)f Scott Blvd. to the point of beginning
(the W line of the SW 1/4 of Sec. 19 is
assumed to bear S 00 degrees 03'29"E);
thence N 00 degrees 23'26"W 598.92 feet
along said W line of Sec. 18 and the
:enterline of Scott Blvd; thence N 89
degrees 41'34" E 50.00 feet; thence S 00
degrees 23'26" E, 598.92 feet; thence S
39 degrees 41'34" W 50.00 feet to the
point of beginning. Said tract contains
29,946 sq. ft. more or less, and
Beginning at the NW corner of Sec. 19,
T79N, R5W of the 5th P.M.; thence S 00
degrees 18'56"E 954.69 feet along the W
line of Sec. 19 and the centerline of
Scott Blvd., (the W line of the SW 1/4'
of Sec. 19 is assumed to bear S 00
degrees 03'29"E); thence N 89 degrees
41'04"E 50.00 feet; thence N 00'18'56"W
954.72 feet; thence N 00 degrees 23'26"W
962.84 feet; thence S 89 degrees 41'34"W
50.00 feet; thence S 00 degrees 23'26"E
962.87 feet along the W line of Sec. 18,
T79N, R5W and the centerline of Scott
Blvd. to the point of beginning. Said
tract contains 95,877 sq. ft. more or
less, and
Commencing at the SW cor. of Sec. 18,
T79N, R514 of the 5th P.M.; thence N 00
degrees 23'26"W 1561.79 feet along the W
line of said Sec. 18 to the point of
beginning (the E line of the SW1/4 of
Sec. 19 is assumed to bear S 00 degrees
03'29"E); thence N 00 degrees 23'26"W
1062.80 feet along the W'line of said
Sec. 18 and the centerline of Scott
Blvd. to the southerly right of way line
of Muscatine Avenue; thence easterly 50
feet along a 22,887.00 foot radius curve
concave southerly and whose 50 foot
chord bears N 89 degrees 56'06"E; thence
S 00 degrees 23'26"E 1062.59 feet;
thence S 89 degrees 41"34"W 50.00 feet
to the point of beginning. Said tract
contains 53,135 sq. ft. more or less,
and
Commencing at the NW corner of Sec. 19,
T79N, R5W of the 5th P.M. ; thence S 00
degrees 18'56" E 954.69 feet along the W
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line of Sec. 19 and the centerline of
Scott Blvd. to the point of beginning
(the W line of th SWI/4 of Sec. 19 is
assumed to bear S 00 degrees 03'29"E);
thence N 89 degrees 41'04"E 50.00 feet;
thence S 00 degrees 18'56"E 1001.76 feet
to the N ROW line of the CRI&P R.R.;
thence N 62 degrees 09'30"W 56.71 feet
along said N ROW; thence N 00 degrees
18'56"W 975.00 feet along the W line of
Sec. 19 and the centerline of Scott
Blvd. to the point of beginning. Said
tract contains 49,419 sq. ft. more or
less, and
Commencing at the Northwest cor. Sec.
19, T79N, R5W of the 5th P.M.; thence S
00 degrees 18'56"E 2043.11 feet along
the West line of said Sec. 19 and the
center line of Scott Blvd. to the
southerly ROW line of the CRI&P R.R. and
the point of beginning; thence S 62
degrees 09'30"E 56.71 feet on said
southerly ROW line; thence S 00 degrees
181561 578.79 feet; thence S 00 degrees
03'29"E 1324.43 feet; thence N 89
degrees 31'57"W 50.00 feet; thence N 00
degrees 03'29" W (this is an assumed
bearing) 1323.86 feet along the West
line of said Sec. 19 and the centerline
of Scott Boulevard to the East 1/4 car.
of said Sec. 19; thence N 00 degrees
18156" W 605.24 feet along the West line
of said Sec. 19 and the centerline of
Scott Blvd to the point of beginning.
Said tract contains 95,798 square feet
more or less, and
Commencing at the Northwest corner
Section 19, T79N, R5W of the 5th P.M.
thence S 00 degrees 18'56" E 2648.35
feet along the West line of said Section
19 and the center line of Scott Blvd. to
the West 1/4 corner of said Section 19;
thence S 00 degrees 03'29" E (This is an
assumed bearing) 1323.86 feet along the
West line of said Section 19 and the
center line of Scott Blvd. to the point
of beginning; thence S 89 degrees 31'57"
E 50.00 feet; thence S 00 degrees 03'29"
E 282.25 feet; thence southerly 386.00
feet along a 1,481.54 foot radius curve
concave westerly and whose 384.91 foot
chord bears S 07 degrees 24'21" W;
thence N 00 degrees 03'29"W 664.36 feet
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to the point of beginning. Said tract
contains 26,888 square feet more or
less.
Section 10-35(16) of the Code of Ordi-
nances is hereby amended by deleting said
section and substituting in lieu thereof
the following:
(16) Precinct sixteen (16): Beginning
at the intersection of the eastern
corporate limits of the City of Iowa
City and Scott Boulevard, east, then
north, along eastern corporate limits of
City of Iowa City, then east, then north
to Court Street,w est along Court Street
to Kenwood Drive, south along Kenwood
Drive to Friendship Street, westerly
along Friendship Street to First Avenue,
south along First Avenue to Muscatine
Avenue, east along Muscatine Avenue to
Scott Boulevard, south along Scott
Boulevard to point of beginning.
Precinct Sixteen (16) shall also include
the following described property:
Commencing as a point of reference at
the West quarter corner of Section 18,
Township 79 North, Range 5 West of the
Fifth Principal Meridian, Johnson
County, Iowa, thence N 0 degrees 43'39"
West 1888.22 feet along the Westerly
line of the Northwest fractional one
quarter of said Section 18 to a point;
thence South 89 degrees 28'11" East 300
feet to the point of beginning of the
tract herein described, thence South 89
degrees 28'11" East 150 feet along Siad
Southerly line; thence South 2 degrees
51'10" West 292.27 feet; thence South-
westerly 139.52 feet along a. 1095.92
foot radius curve concave Northwesterly
to a point, said arc being subtended by
a 139.42 foot chord bearing South 13
degrees 24'47" West; thence South 44
degrees 08'19" West 138.40 feet; thence
North 0 degrees 43139" West. 528.26 feet
to the point of beginning, and contain-
ing 1.42 acres more or less, and
Beginning at the North quarter corner of
Section 18, Township 79 North, Range 5
West of the Fifth Principal Meridian,
Johnson County, Iowa; thence S 0 degrees
02142" E 337.00' along the Easterly line
of the Northwest quarter of said Section
18 (this is an assumed bearing for
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purposes of this description only);
thence S 81 degrees 37'27" W 254.40' to
a point; thence S 78 degrees 49'21" W
326.95' to a point; thence S 85 degrees
44'22" W 297.52' to a point; thence S 56
21'31" W 408.32' to a point; thence S 36
degrees 18'05" W 12.86' to a point;
thence N 89 degrees 28'11" W 666.70' to
a point; thence N 40 degrees 56'07" E
I 7.57' to a point; thence N 46 degrees
23'48"E 386.34' to a point; thence N 50
I degrees 10'15" E 323.76 feet to a point;
thence N 53 degrees 34'25" E 389.07' to
apoint; thence N 14 degrees 38'50"E
2.38 feet to a point of intersection
with the Northerly line of said North-
west quarter; thence S 88 degrees 43'59"
E 1036.33' along said Northerly line to
the point of beginning and containing
17.47 acres more or less, and
Commencing as a point of reference at
the West quarter corner of Section 18,
Tonwship 79 N, Range 5 West of the Fifth
Principal Meridian, Johnson County,
Iowa; thence North 0 degrees 43'39" West
1052.00 feet along the Westerly line of
the Northwest fractional one quarter of
said Section 18 to a point; thence North
44 degrees 08'19" East 425.17 feet to a
point, said point being the point of
beginning of the tract herein described;
thence N 44 degrees 08'19" E 138.40 feet
to a point; thence Northeasterly 139.52
feet along a 1095,92 foot radius curve
concave Northwesterly to a point, said
arc being subtended by a 139.42 foot
chord bearing N 13 degrees 24'47" E;
thence N 2 degrees 51'10" E 292.27';
thence S 89 degrees 28'11" E, 1025.53';
thence, S 51 degrees 13' 26" W, 690.75';
thence S 21 degrees 01'45" W, 209.731;
thence S 0 degrees 43'39" E, 756.03;
thence N 88 degrees 39'59"W 553.901;
thence N 0 degrees 43'39" W 854.15' to
the point of beginning and containing
19.89 acres more or less.
SECTION III. REPEALER. All ordinances and
parts of or nances n conflict with the
provision of this ordinance are hereby
repealed.
SECTION IV. SEVERABILITY. If any section,
provision or part of this Ordinance shall
be adjudged to be invalid or unconstitu-
tional, such adjudication shall not affect
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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 a in effect after its finall
passage, approval and publication as
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Received i Approved
By The Legal Dgpelme
It was moved by . and seconded by
that the Ordinance as read be adopted and upon roll call there
were:
AYES: NAYS: ABSENT:
AMBRISCO
BAKER
DICKSON
ERDAHL
MCDONALD
STRAIT
ZUBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published
'ORDINANCE NO. 84-3173
AN ORDINANCE ESTABLISHING THE SOUTH SUMMIT
STREET AREA AS AN IOWA CITY HISTORIC
PRESERVATION DISTRICT, SAID DISTRICT SHALL
CONSTITUTE AN OVERLAY ZONE OF THE ZONING
ORDINANCE OF IOWA CITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA that:
SECTION I. The property described below and
shown on Exhibit A is hereby classified as
the South Summit Street Iowa City Historic
j Preservation District.
An area consisting of the Original Town
Plat, OL -1, commencing at the northeast
corner of Lot 20, Block 2, Berryhill's
Second Addition, thence north to a
point located at the intersection of
the south right-of-way line• of
Burlington Street and the west
right-of-way line of Summit Street,
thence west 116.52 feet, thence south
99.93 feet, thence west 39.95 feet,
thence south 99.93 feet, thence west
39.95 feet, thence south to a point
located at the northwest corner of Lot
20, Block 2, Berryhill's Second
Addition, thence east following the
northern lot line of Lot 20, Block 2
Berryhill's Second Addition to the
point of beginning.
Said area also to contain Lots 11
through 20 of Berryhill's Second
Addition, Block Two.
Said area also to contain Lots A,
B, C, D, X, Y and Z of Jerome's
Addition.
Said area also to contain the lots
of land located within the area
beginning at the southeast corner of
Lot A, Jerome's Addition, thence west
along the south lot lines of Lots A, B,
C and D, Jerome's Addition, to a point
located at the southwest corner of Lot
D, Jerome's Addition, thence south to a
point located at the southeast corner
of Lot 11, Block 2, Strohm's Addition,
thence southeasterly along the
northern right-of-way of the Chicago,
Rock Island and Pacific Railroad to a
point located at the intersection of
the western right-of-way line of Summit
Street and the northern right-of-way of
the Chicago, Rock Island and Pacific
Railroad, thence north to the point of
beginning.
Said area also to contain Lots 1,
2, and 5, Regan's First Addition, Block
1.
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Said area also to contain the t
163.5 feet of Lot 1; the west 169 feet
of Lot 2; the west 197 feet of Lot 3;
the west 197 feet of Lot 4; the west
197 feet of Lot 5; the west 208 feet of
Lot 6 of Block 3, Summit Hill Addition.
Said area also to contain the west
167 feet of Lot 1; the west 167 feet of
Lot 2; all except the east 125 feet of
Lot 3; the west 159.37 feet of the
south 58.01 feet of Lot 4 and the west
177.62 feet of the north 58.01 feet of
Lot 4; the west 202 feet of Lot 5; the
west 186.6 feet of the next adjoining
northern lot to Lot 5 (70 feet); the
west 172 feet of the second adjoining
northern lot to Lot 5 (45 feet); the
west 172 feet of the third adjoining
northern lot to Lot 5 (50 feet); the
west 172 feet of the fourth adjoining
northern lot to Lot 5 (60 feet); the
west 192 feet of the fifth adjoining
northern lot to Lot 5 (138 feet).
Said area also to contain Lots 1,
2, 23 and 24 of Kaufman's Addition.
SECTION II. The Building Inspector is
hereby authorized and directed to amend the
zoning map of the City of Iowa City, Iowa,
to conform to this amendment upon final
passage, approval and publication of this
ordinance as provided by law.
SECTION III. The City Clerk is hereby
authorized and directed to certify a copy of
this ordinance to 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,
provision or part of the Ordinance 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 VI. EFFECTIVE DATE. This
Ordinance shall be in effect after its final
passage, approval and publication as
required by law.
Passed and approved this 28th day of
February, 194. ,/y &�
ATTEST:
Rocoived $ Approved
By Th DepaNntelii
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EXHIBIT Aj
Proposed Summit Street Historic District
BURLINGTON
It was moved by Ambrisco and seconded by Dickson
were: that the Or finance as read be adopted and upon ro I I ca I I there
AYES: NAYS: ABSENT:
X AMBRISCO
R BAKER
X DICKSON
_ X ERDAHL
X MCDONALD
R STRAIT
X ZUBER
First consideration 1/31/84
Vote for passage:
Ayes: Dickson, Ambrisco, Baker, Erdahl,
McDonald, Strait, Zuber.
Nays: None.
Second consideration 2/14/84
Vote for passage
Ayes: Erdahl, Ambrisco, Baker, Dickson,
McDonald, Strait, Zuber.
Nays: None.
Date published 3/7/84
357
ORDINANCE NO. 84-3174
AN ORDINANCE ESTABLISHING THE WOODLAWN
AVENUE AREA AS AN IOWA CITY HISTORIC
PRESERVATION DISTRICT, SAID DISTRICT SHALL
CONSTITUTE AN OVERLAY ZONE OF THE ZONING
ORDINANCE OF IOWA CITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, that:
SECTION I. The property described below
an s own on Exhibit A is hereby classi-
fied as the Woodlawn Avenue Iowa City
Historic Preservation District.
An area containing Lots 1 through 13
of the S.M. Clark Addition. Said
area also containing the parcel
located in the J.W. Clark Addition,
Block 4, described as beginning at a
point along the west line of Evans
Street, 102 feet north from the
corner of the west line of Evans
Street and north line of Iowa Avenue,
thence west 119 feet, thence north
108.2 feet to the corner of Ralston
Creek, thence along the center of
Ralson Creek in a northeasterly
direction to the west line of Evans
Street, thence south 129.8 feet to
the point of beginning.
SECTION II. The Building Inspector is
ere y au orized and directed to amend
the zoning map of the City of Iowa City,
Iowa, to conform to this amendment upon
final passage, approval and publication of
this ordinance as provided by law.
SECTION III. The City Clerk is hereby
au Drize and directed to certify a copy
of this ordinance to the County Recorder
of Johnson County, Iowa, upon final
passage and publication as provided by
law.
SECTION IV. All ordinances and parts of
or nances 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.
358
i
2
SECTION VI. EFFECTIVE DATE. This
Ordinance shall be in effect after its
final passage, approval and publication as
required by law.
oaecad and anoroved this 28th day of
Proposed Woodlawn Avenue Historic District
- a
U
JEFFERSON ST.
IOWA AV
It was moved by Strait , and seconded by Ambrisco
that the Orfinance as read be adopted and upon ro I I ca I I there
were:
AYES: NAYS: ABSENT:
AMBRISCO
BAKER
DICKSON
ERDAHL
MCDONALD
STRAIT
ZUBER
First consideration 1/31/84
Vote for passage:
Ayes: Erdahl, Ambrisco, Baker, Dickson,
McDonald-, Strait, Zuber.
Nays: None.
Second consideration 2/14/84
Vote for passage
Ayes: Erdahl Ambrisco, Baker, Dickson,
McDonald, Strait, Zuber.
Nays: None.
Date published 3/7/84
359
ORDINANCE NO.
AN ORDINANCE ESTABLISHING THE WOODLAWN
AVENUE AREA AS AN IOWA CITY HISTORIC
PRESERVATION DISTRICT, SAID DISTRICT SHALL
CONSTITUTE AN OVERLAY ZONE OF THE ZONING
\ ORDINANCE OF IOWA CITY.
BE IT ORDAINED BY THE CITY COUNCIL F THE
CITY OF IOWA CITY, IOWA that:
SECTION I. The property descri ed below
and shown on Exhibit A is hereby lassified
as the Woodlawn Avenue Iowa C' y Historic
Preservation District.
An area containing Lots 1 through 13
of the S.M. Clark Addi on. Said area
also containing the p reel located in
the J.W. Clark Ad tion, Block 4,
scribed as begi ing at a point
a ng the west 1 of Evans Street,
102 feet north fr the corner of the
west line of E ans Street and the
north ine of Io a Avenue, thence west
119 fee , then north 108.2 feet to
the cent r of Ralston Creek, thence
along the en er of Ralston Creek in a
northeaster direction to the west
line of Ev s Street, thence south
129.8 feet o he point of beginning.
SECTION IV. R EAL . All or
and
parts of ordi antes .'n conflict with the
provision of this o inance are hereby
SECTION V. SEVERABILIT If any section,
provision r part of the dinance shall be
adjudged be invalid or u constitutional,
such ad' dication shall t affect the
Validity of the Ordinance as a whole or any
section provision or part thereof not
adjudg d invalid or unconstitu ional.
SECTIO VI. EFFECTIVE DATE. This
Ord nee shall be in effect after its
fina
passage, approval and publ ation as
regi red by law.
Passed and approved this
MAYOR
ATxEST:
/ CITY CLERK
Received $ Approved
Ey(�The Lrgal Department
,r;
i
358
EXHIBIT A
Proposed Woodlawn Avenue Historic District
I - I-- a
Q
oE
JEFFERSON ST.
IOWA AV
359
t/
NOTICE OF PUBLIC NEARING
Notice is hereby given that a public
hearing will be held by the City Council
of Iowa City on February 14, 1984 at 7:30
P.M. in the Council Chambers, 410 E.
Washington Street, Iowa City, Iowa on a
Resolution authorizing lease of a parcel
of land on the Iowa City Municipal Airport
to the Iowa City Community School Dis-
trict. A copy of the proposed Resolution
and lease are on file in the office of the
City Clerk.
MARIAN KARR, CITY CLERK
359
ORDINANCE NO. 84-3175
AN ORDINANCE TO AMEND CHAPTER 31 TO
PROVIDE THAT SIGNS ON PUBLIC PROPERTY BE
LICENSED AND FOR ELIMINATION OF SUCH SIGNS
BY JUNE 30, 2003.
BE IT ORDAINED BY THE CITY CWNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. PURPOSE. The purpose of this
ordinance is to regulate free standing or
monument signs currently located on public
property, to provide for the elimination
of such signs, and to prohibit the
erection of additional signs on public
property.
SECTION II. AMENDMENT. Article VII of
Chapter 31 of the Code of Ordinances,
relating to streets, sidewalks and public
places, is hereby revoked, and replaced by
the following new Article VII -
RIGHT-OF-WAY SIGN PERMITS:
Section -31-145. -FINDINGS AND PURPOSE
A. The Sign Regulations of Iowa City
provide a comprehensive regulatory
scheme for signs on private property
in the City. However, numerous signs
have been found to be located in or
upon the public streets, roadway,
sidwalks or other public property
throughout the City.
B. It is the intent of this article, in
order to promote the health, safety,
and general welfare of the population,
that no new signs be placed in or upon
public property, and that free
standing and monument signs currently
located in or upon public property
shall be eliminated and removed on or
before July 1, 2003.
Section 31-146. Definitions.
A. "Free standing sign" shall mean a
permanent sign which is supported by
one or more up -rights or braces in or
upon the ground and not attached to
any building or wall.
B. "Monument sign" shall mean a sign
affixed to a structure, built on a
grade, in which the sign and the
structure are an integral part of one
another.
373
Ordinan,:e No. 84-3175
Page 2
C. "Public property" shall mean the
streets, sidewalks, roadways, or other
property owned by and located within
the City of Iowa City.
D. "Public right-of-way" shall mean a
free standing or monument sign located
in, upon, or above public property.
E. "Sign" shall mean any structure,
including but not limited to, a device
or display, other than a building or
landscaping, used primarily for visual
communication for the purpose of,
bringing the subject thereto to the
attention of a person, group of
persons, or the public generally. The
term sign includes, but is not limited
to, any and all reading matter,
letters, numerals, pictorial represen-
tation, enblems, trademarks, inscrip-
tions, and patterns, whether affixed
to a building, painted, or otherwise
depicted on a building, or separate
from any building.
F. "Sign regulations" shall mean Section
36-60 through Section 36-63 of the
Zoning Code of the Iowa City Code of
Ordinances.
Section 31-147. Permits Required.
It shall be unlawful for any person,
firm, or corporation to use any portion
of public property for any public
right-of-way sign without having first
obtained a public right-of-way sign
permit therefor.
Section 31-148. Application - Generally.
A. A verified application for a permit
required by this article, containing
the information required in this
article, shall be filed with the City
Manager or his/her designee by any
person, firm, or corporation desiring
to continue to use public property for
a sign. The application shall be
filed by the person, firm, or corpora-
tion owning such sign.
B. Applications for the original issuance
of a public right-of-way sign permit
shall be filed within sixty (60) days
of the effective date of this ordi-
nance, and renewal applications shall
be filed at least forty-five (45) days
in advance of the expiration date of a
permit. The application shall be in
such number of copies and in such form
as may be prescribed by the City
3?8
■
■.-
Ordinance No. 84-3175
Page 3
Manager or his/her designee, and shall
be accompanied by evidence of the
required liability insurance. A
separate application shall be filed
for each sign.
Section 31-149. Signs - Contents.
A. The application form for a public
right-of-way sign permit shall, in
addition to other information the City
Manager or his/her designee shall deem
necessary, contain the following
information:
(1) Name and address of the appli-
cant.
(2) A detailed description of the
sign for which a permit is
requested, together with photo-
graphs showing all sides of the
sign.
(3) The exact location of the sign,
including a scaled plot plan
showing the location of the sign.
Renewal applications may incorpo-
rate by reference the plot plan
accompanying the original
application.
(4) The name, address, and general
description of the business to
which the sign relates, and the
name(s) and address(es) of the
owners of such business.
(5) The name or names and address(es)
of the owner or owners of the
property abutting the public
property in, upon or over which
the sign is located.
(6) A statement that the applicant
shall indemnify, defend and hold
harmless the City from and
against all claims for damages
which in any way relate to or
arise from the use or location of
the sign to which the application
relates.
B. The application shall be accompanied
by a policy, or other evidence
acceptable to the City Manager or
his/her designee, of liability
insurance purchased by the applicant
for the protection of the public,
which policy shall name the City as an
additional insured and shall indemnify
and save harmless the City. The
liability insurance required as a
condition to the issuance of a
378
Ordinance No. 84-3175
Page 4
right-of-way sign permit shall be in
the minimum amount of three hundred
thousand dollars (#300,000) for
personal injuries, and fifty thousand
dollars (#50,000) for property damage.
Such insurance shall be provided by a
company authorized to do insurance
business in the State of Iowa, and
shall provide for thirty (30) days'
notice of cancellation or material
change.
C. The application shall be signed by the
applicants, the owner or owners of the
property abutting the public property
in, upon, or over which the sign is
located, and the owner or owners of
the business to which the sign
relates.
Section 31-150. Council Action.
It shall be the responsibility of
applicants to obtain and submit to the
City Manager or his/her designee
complete application forms, with
required signatures, and attachments.
The City Manager or his/her designee
shall promptly submit only complete
applications to the Council. The
Council will normally consider such
applications only at regularly sched-
uled formal meetings.
Section 31-151. Nature and Scope of
Permit.
A. A right-of-way sign permit shall be a
purely personal privilege and shall be
revocable for cause. It shall not
constitute property, nor be subject to
attachment and execution, nor be
alienable or assignable. The license
or permit shall only relate to the
sign for which it is issued, as
evidenced by the configuration and
location shown in the application
therefor.
B. No sign for which a permit is issued
hereunder may be altered in any way
without the consent of the City
Council, and no such sign may be
removed on the public right-of-way.
Section 31-152. Term of Permit.
All right-of-way sign permits, unless
sooner revoked or surrendered, shall
expire one year from the date of
issuance, except that no permit shall
extend beyond June 30, 2003.
378
Ordinance No. R4_i17S
Page 5
Section 31-153. Denial or Revocation of
Permit -Grounds, Effect.
A right-of-way sign permit may be
denied or revoked, following notice and
hearing, for any of the following
reasons:
(1) The sign was not in place prior to
July 1, 1983.
(2) Alteration of the sign without
prior consent of the City Coun-
cil.
(3) Moving the sign within the public
right-of-way.
(4) Misrepresentation of any material
fact in the application for the
permit, or any renewal thereof.
(5) Any sale, hypothecation, or
transfer of the permit.
(6) The sale or transfer of the sign,
or the business or property to
which the sign relates, without
the new owner, transferree or
assignee obtaining a permit for
such sign.
(7) If the sign causes any obstruction
to the public's use of the
right-of-way in or upon which the
sign is located, or is a traffic
hazard, as such term is defined in
the sign regulations.
(8) The alteration, repair, removal,
painting or conversion of a sign
by one not holding a valid sign
erector's license, or without
having obtained a permit as
required in Section 31-157.A.
Section 31-154. Effect of Denial or
Revocation of Permit.
If a permit for aright -of -way sign is
either denied or revoked, the owner of
such sign shall have thirty (30) days
from the date of the Council action
denying or revoking such permit within
which to remove such sign from the
public right-of-way. If such sign is
not removed within such thirty (30) day
period, the City may remove such sign
and assess the cost against the owner
of the abutting property.
Section 31-155. Appeal and Hearing.
The right to a hearing before the City
Council shall be afforded to a
right-of-way sign permit applicant
whose application is denied, or a
permittee whose permit is revoked. Any
379
Ordinance No. 84-3175
Page 6
such applicant or permittee who feels
aggrieved by a decision denying or
revoking a right-of-way sign permit
i.-.1y, within ten (10) days of such
decision, request, and shall be {
granted, a public hearing which shall I
be conducted in the manner provided in
Article IX of Chapter 2 of the City
Code of Ordinances. {
Section 35-156. Applicability of Sign
Regulations.
A. It shall be unlawful for any person,
firm, or corporation to alter, repair,
move, improve, remove, paint or;
convert any right-of-way sign without
having first obtained (1) the license it
and permits required for such actions
under the sign regulations, and (2)
City Council consent for any altera-
tion or conversion of such sign.
B. Right-of-way signs permitted hereunder
shall be considered as part of the
permitted signage under the sign
regulations.
Section 31-157. Expiration of Article,
Removal of Sign.
(a) The terms and conditions of this
Article, and all rights granted
hereunder for signs in, upon or over
public property, shall automatically
expire on June 30, 2003.
(b) On or before June 30, 2003, all signs
for which permits are issued hereunder
shall be removed from public property.
Any such sign which has not been
removed by that date may be removed by
the City, and the cost of such removal
shall be assessed against the owner.
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.
SECTION V. EFFfinal ECTIVE DATE: This a
nance sha be in effect after its final
passage, approval and publication as
required by law.
3 79
Ordinance No. 84-3175 `
Page 7
Passed and approved this 28th day of February,
1984.
ATTEST:
i
f
, I
i
{
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i
Ordinance No. 84-3175 `
Page 7
Passed and approved this 28th day of February,
1984.
ATTEST:
It was moved by Strait and seconded by Zuber
were: -
, that the ordinance as re a a adopted and upon ro aTT there
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X DICKSON
X ERDAHL
X MCDONALD
X STRAIT
R ZUBER
First consideration 2/14/84
Vote for passage:
Ayes: Erdahl, Ambrisco, Baker, Dickson,
McDonald, Strait, Zuber.
Nays: None.
Second consideration )pOpt
Vote for passage
Moved by Strait, 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: Strait, Ambrisco, Baker, Dickson, McDonald, Zuber.
Nays: None. Absent: Erdahl.
Dated published: March 7, 1984
J