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Home My WebLink About1983-06-07 OrdinanceORDINANCE NO (I 4. MICROFILMED BY v, `JORM MICROLAB k CEDAR RAPIDS•DES' 01NE5 r i 1 ■ AN ORDINANCE VACATING A PORTION OF LUCAS STREET LOCATED NORTH OF PAGE STREET AND SOUTH OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD RIGHT-OF- WAY. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That a portion of Lucas Street right-of-way in Iowa City, Iowa, is hereby vacated for street purposes, and that said portion of right-of-way is described as follows: Beginning at the Southeast corner of Lot 2, 4 Block 4, of Page's Addition, Iowa City, Iowa, in accordance with the recorded plat thereof, and which point is also the intersection of i s the westerly right-of-way line of platted Lucas Street and the northerly right-of-way line of Page Street; thence North 00°08'13" t West, along the westerly right-of-way line of said platted Lucas Street, 83.46 feet to a point which is 50.00 feet normally distant southwesterly of the center line of the main , trackage of the Chicago, Rock Island and j Pacific Railroad Company; thence South 73°35'58" East, 62.59 feet to a point which is 50.00 feet normally distant southwesterly of said main trackage center line, and which 1 point is on the easterly right-of-way line of said platted Lucas Street; thence South 00°08'13" East, along said right-of-way line, j 67.09 feet, to its intersection with the projected northerly right-of-way line of Page Street; thence North 88°45'18" West, along said projected northerly right-of-way line, 60.22 feet to the point of beginning. Said tract of land contains 4,515 square feet more or less and is subject to easements and restrictions of record. SECTION II That a twelve foot wide utility easement is retained over a portion of the above described right-of-way, the east line of which is located parallel to and seven feet west of the center line of said described right-of-way, and the west line of which is located parallel to and eleven feet east of the west right-of-way line of said described right-of-way. SECTION III. This ordinance shall be in full force and effect when published by law. (I 4. MICROFILMED BY v, `JORM MICROLAB k CEDAR RAPIDS•DES' 01NE5 r i 1 ■ Passed and approved this 7th day of June, 1983. TYOR ATTEST: _/meewoJ7(J�J CI Y CLERK j It was moved by Balmer and seconded by McDonald that the Ordinance as read be adopted and ! upon roll call there were: ! AYES: NAYS: ABSENT: f— BALMER i X DICKSON EROAHL i XLYNCH MCDONALD s x NEUHAUSER PERRET i d First consideration 5/10/83 t Vote for passage: Ayes: �McOonald, Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch. Nays: None. Second consideration 5/24/83 III Vote for passage: Ayes: Neuhauser, Perret, Balmer, i ! Dickson, Erdahl, Lynch, McDonald. Nays: None. j Absent: None. I Iff I Date published June 15, 1983 i Received d Approved BY VW Ldgal Dapertmanl " MICROFILMED BY !:JORM MICR_OLAB I CEDAR RAPIDS- *DES MOIMES'� 1 ORDINANCE N0. 82-3122 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 1425 NORTH DODGE STREET EXCLUDING THE SOUTH 70 FEET THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That the property described below is hereby reclassified from its present classification of R1A to C2, and the boundaries of the C2 zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property located at 1425 North Dodge Street excluding the south 70 feet, said property being legally described as: Parcel 1: Beginning at a point which is ten feet north and 240 feet east of the southwest corner of Lot 3 of Jacob Ricord's Subdivision of the northeast quarter of the southwest quarter of Section 2, Township 79 North, Range 6 West of the 5th Principal Meridian; thence east 100 feet; thence north 60 feet; thence west 100 feet; thence south 60 feet to the point of beginning, subject to an easement over the south five feet thereof for the purpose of a public street; excluding from said parcel the south 90 feet thereof. Parcel 2: The following described parcel except the southerly 90 feet thereof: Commencing at the southeast corner of Lot 3 in Jacob Ricord's Subdivision of the northeast quarter of the southwest quarter of Section 2, Township 79 North, Range 6 West of the 5th Principal Meridian, according to the plat thereof recorded in Book 15, page 146, Deed Records of Johnson County, Iowa; thence south 88054' west 320.1 feet; thence north 135.5 feet; thence south 89°48' west 95.1 feet; thence north 02003' east 128.7 feet to the southeasterly line of Highway 261; thence north 56°43' east along the southeasterly line of said highway 125.7 feet to the north line of said Lot 3; thence north 88°54' east along the north line of said Lot 3, 314.2 feet to the northeast corner of said Lot 3; thence south 42' west Ofeet to the plat of surveye of recorded beginning P at cBook� ng to4, page 119, Plat Records of Iowa, exceptJohnson the east 238.86 f et of saidnLot 3 in Jacob Ricord's Subdivision. Parcel 3: The east 100 feet of the following described premises: Beginning at a point on the west line of Lot 3 in Jacob Ricord's Subdivision in the northeast quarter of the southwest quarter /0f7 MICROFILMED BY f '..JORM MICROLAB i CEDAR RAPIDS -DES -MOINES F Of Section 2 in Township 79 North, Range 6 West of the 5th Principal Meridian, as recorded in Book 15, page 146, Recorder's Office of Johnson County, Iowa, 70 feet north of the southwest corner of said Lot 3; thence north on said west line of Lot 3, 66 feet; thence east parallel with the south line of said Lot 3, 340 feet; thence south parallel with the west line of said Lot 3, 66 feet; thence west parallel with the south line of said Lot 3, 340 feet to the place of beginning. SECTION II. 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 upon the 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 ajudication 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 7th day of June, 1983. ATTEST: -/ CITY CLERK j MICROFILMED BY lh 'JORM MICROLAB CEDAR RAPIDsobEs MOINES r Received & Approved By The Leyai Deparlmeat i i Pf7 J. r 5 It was moved by McDonald 3 that the Ordinance as —re—ad—be adopted'andduponoijroll ca11B almer there e. AYES: NAYS: ABSENT: X X BALMER DICKSON X X ERDAHL X LYNCH X MCDONALD X NEUHAUSER PERRET First consideration 5/10/83 Vote for passage: Ayes: L�ynch�ponald, Neuhauser, Absent: 'None. Perret, Balmer. Nays: Dickson, Erdahl, Perret. Second consideration 5/24/8_�3 Vote for passage:Ayes: Balmer, Lynch, McDonald, Neuhauser, Nays: Perret, Dickson, Erdahl. Absent: None. Date published June 15 1983 l� I'.MICROFILMED BY JORM MICROLAB ,CEDAR RAPIDS•DES�MOIRES-' r 1 4 r-, STAFF REPORT To: Planning & Zoning Commission Item:Z-8203. 1425 N. Dodge St. GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Comprehensive plan: Existing land use and zoning: Prepared by: Bruce Knight Date: March 10, 1983 Edward Jones 1425 N. Dodge St. Iowa City, Iowa 52240 Rezoning from RIA to C2 To make the existing commercial use conforming and to allow for expansion. 1425 N. Dodge St. 1.6 acres Residential, 2-8 dwelling units per acre. North Undeveloped and RIA East - Undeveloped and RIA South - Single family residential and RIA West - Single family residential and RIA 45 -day limitation period: Waived ANAL The applicant is requesting the rezoning of a 1.6 acre tract from RIA to C2 for the purpose of making the existing commercial use conforming and to allow for expansion. Although Sanitary Dairy existed at the time, this property was zoned RIA upon its annexation into Iowa City in the early 1960's. The property existed as a nonconforming use in 1978 when it was sold to Mr. Jones and converted to a plumbing and heating business, which was also nonconforming. The Comprehensive Plan land use designation for the request area is residential, 2-8 dwelling units per acre. This is a reduction from the residential density of 16-24 dwelling units per acre which was shown on the Comprehensive Plan map prior to the adoption of the 1983 update. This change was made in order to recognize the principal land use family residential. in the area, i.e. single The applicant argues that this property has been as a nonconforming use since its annexation into the City and that, therefore, it should be rezoned to recognize the existing use. While the original owner at the time of annexation may have had some legal rights to question RIA zoning for this property, Mr. Jones bought a property with a long-standing nonconforming status and MICROFILMED BY l tai '.JORM MICROLAB tI CEDAR 'RAPIDS.'DES MOIMES. r J 2 should have been aware of the consequences. Therefore, this property not be rezoned to commercial unless the zoning change can be justified on its own merit. Y should Zoning is a tool which is intended to protect property values b noncompatible land uses. Therefore, the existing tonin if it would result in a negative impact on the surrounding y separating may be argued that the rezoningg should not be changed commercial use currently would have a g Property. While e exists, it should be noted I'rthatl once rezoned, because the guarantee exists that the present use of the property will not be altered. The requested C2 zoning permits several commercial uses which are than the present use. Therefore, the potential for negative impacts to the adjacent single family residences is great over time. more intensive Another relevant question is whether commercial zoning is more appropriate this location than the existing single family resident al zonin argued that this is the case because the existing use is commercial t ould b t the intent of 9• It could be the zoning ordinance in relation to nonconforming uses is to eventually eliminate them over time by limiting any change to the same or a more r restrictive use. In general, given the surrounding residential and park land) and the overall availabilitofacommercial land in Iowa g Cit(single family Y, it does not appear that the requested rezoning can be justified on the basis that commercial zoning is more appropriate for this site. Rather, it appears that many other locations in Iowa Cit commercial zoning. Further Y are more appropriate in Iowa City and because thisearea ewas enottdetermcommercial ned Ito be appropriate pri exists i commercial development in the Comprehensive Plan, it is difficult to justify the requested rezoning. PPropriate for r It should be noted that under the new, proposed zoning ordinance, the business at this location will not be a conforming use in the Therefore, for the existing use to be conforming, general commercial zone. property Intensive Commercial g� it would be necessary to zone intensive commercial uses in the area isleven less desirable than the zoning The suitability and need for requested. STAFF RECOMMENDATION Staff recommends that the requested rezoning from RIA to C2 be denied. ATTACHMENTS I. Location map Departmet of Planning and Program D velopment i /4OF7 d MICROFILMED BY f 'JORM MICROLAB I CEDAR RAPIDS -DES MOINES -J o4 MAkp Z. -g2o3 MICROFILMED OY �,JORM MICROLAB CEDAR RAPIDS-'OES'M010Et - 7 . /1 BARKER, CRUISE & KENNEDY LAWYERS CHARLES A. BARKER 311 IOWA AVENUE - P.O. BOK 2000 JOHN D. CRUISE IOWA CITY, IOWA MICHAEL W. KENNEDY 32244 JAMES D. HOUGHTON DAVIS L FOSTER May 31, 1983 Iowa City Council Civic Center 410 East Washington Street Iowa City, IA 52240 �1. AREA CODE 319 TELEPHONE 331-a191 Re: Ordinance to rezone approximately 70 acres of land located north of Highway 1 near Willow Creek Councilpersons: I am writing this letter on behalf of West Side Company, Earl M. Yoder, et al, in connection with the proposed ordinance to rezone approximately 70 acres of land located north of Highway 1 near Willow Creek. West Side Company is not opposed to rezoning a part of the above tract industrial or other compatible use at an early date after the annexation and commercial rezoning of the tract. A combination of commercial, industrial and other compati- ble uses is not inconsistent with West Side Company's plans for the property. West Side Company intends to develop a high-class project and will, if asked by the City Council, request the necessary zoning changes to permit development of mixed compatible uses, including industrial, on the seventy acres. upon. Please rezone the property commercial as previously agreed CAB/bp cc: Karin Franklin Earl M. Yoder Very t y yours, Charles A. Barke �.. MICROFILMED BY 1JORM MICROLAB' !.CEDARRAPIDS•�ESMOINES.' r f ° I S M MAY 3 11983 MARIAN K. KARR CITY CLERK (3) /D ifIf III J I i°. i. t. J BARKER, CRUISE & KENNEDY LAWYERS CHARLES A BARKER 311 IOWA AVENUE • P.O. BOA 2000 JOHN D. CRUISE IOWA CITY, IOWA MICHAEL W. KENNEDY 52244 JAMES D. HOUGHTON DAVIS LFOSTER June 7, 1983 AREA CODE 310 TELEPHONE 351.8101 F� L E D Iowa City City Council 1983 Civic Center JUN 7 410 East Washington Street Iowa City IA 52240 MARIAN K. KARR Re: Ordinance to Rezone Approximately CITY CLERK (1) 70 Acres of Land Located North of Highway 1 near Willow Creek Councilpersons: I am writing this letter on behalf of West Side Company, Earl M. Yoder, et al., in connection with the proposed ordi- nance to rezone approximately 70 acres of land located north of Highway 1 near Willow Creek. We understand the Council has some reservations concerning the above rezoning due to some recent problems with the FAA on another matter. lows: In response to such concerns, the Developers agree as fol - 1. The Developers agree that they will comply with any FAA restrictions with respect to use or height. 2. The Developers will not construct any residential dwellings that conflict in any way with any FAA re- strictions. 3. The Developers agree that restrictive covenants shall be included in any deeds conveying the property which state that any development of the property will be in I; - MICROFILMED BY t+i (}DORM MICROLAB CEDAR RAPIDSebtS.MOINES r• Iowa City City Council Page 2 June 7, 1983 accordance with City and FAA overlay zone require- ments. The third reading in connection with the rezoning is to- night. We fully expect the rezoning to go through given the above assurances. West Side Company, et al., have tolerated numerous delays and done everything requested by the City. We cannot tolerate any additional deferrals or delays. We believe we have no option but to take the matter to District Court if there are any further delays. t Ver( ruly ours, i E ; i CAB:jah Charles A. Barker i cc: Mr. Earl M. Yoder Ms. Karin Franklin Mr. Robert W. Jansen I 4 1 { R i t' i' i I I `i I i V ,,r MICROFILMED BY 1 }JORM MICROLAB. CEDAR RAPIDS•DES AOINE5 ( City of Iowa Cif' MEMORANDUM Date: June 2, 1983 To: City Council From: City Manager Re: Plum Grove Acres/Court Hill Subdivision Part 16 On May 17, 1983, the City Council deferred action on this subdivision plat. Since that time the City Manager has discussed it with the applicant, Mr. Bruce Glasgow. On September 20, 1982, the City entered into an agreement for the purchase of land for the construction of public housing at the end of Shamrock Street. As a condition of that purchase, the seller of the land had to install an extension to the sewer line from a point near the intersection of Court Street and Scott Boulevard running along Peterson Street to the main sewer line to the south. It was agreed that both the City and the seller shall have the right at any time to connect with and utilize said sanitary sewer extension. Therefore, in accordance with that agreement concerning the purchase of the site for public housing, Mr. Glasgow has the right to utilize that sanitary sewer extension. Because of this agreement it would not be possible for the City to prevent him from using this sewer line for Part 16 of Plum Grove Acres/Court Hill Subdivision. The developer would prefer to develop Part 16 as a planned area development if'Peterson Street could be conveyed to the developer. As indicated in the enclosed letter, because the developer originally conveyed Peterson Street to the City, the developer would prefer to have the street right-of-way conveyed to the developer for the sum of one dollar, even if half the right-of-way now must be conveyed to adjacent property owners. In accordance with the information presented herein, Mr. Glasgow requests that this matter be deferred until an answer can be obtained from the City Attorney as to the disposition of Peterson Street. At that time, if the recommendation is favorable, Mr. Glasgow will apply to develop this land as a planned area development with a rezoning request for R18. If you have any questions about this matter, please contact me. bdw/sp cc: Planning & Program Development Enclosure lew !.j I MICROFILMED BY I 1,4 ;JORM MICROLAB CEDAR RAPIDS -DES MOINES . J 4 May 24, 1983 Neal Berlin City Manager, City of Iowa City Civic Center Iowa City, Iowa He: Plum Grove Acres Court Hill Subdivision Part 16 Dear Mr. Berlin: On the 17th of May I told the City Council that I had additional information that would aid them in making a decision on the approval of Court Hill Part 16 Subdivision. The main concern of the Council was the use of the sewer without any prior agreement to its use. Their secondary concern was the layout of the subdivision. Our previous conversation regarding the sewer should have resolved that question leaving only the lot layouts as a primary concern of council. A subdivision inside the city limits of the City of Iowa City is the utilization of a portion of land as required by the rules and regulations set forth in the Code of Ordinances - City of Iowa City. The rules are strict and set forbb in such a manner that if the rules are met the sub -division must be approved. You will find that each lot in the proposed subdivision meets the legal requirements according to existing codes. You will find that there are no streets involved in the plat. The platted ground is between two existing Iowa City streets. Streets can not be a legal issue. The storm water is set forth on the plans according to the code. Re ection of this subdivision by the council would be contrary to the City of Iowa City's own code and very difficult to defend upon an appeal to another authority. The developershares the Council's concern over the layout of the land. It is not the highest and best use of the land. I would propose to you and to the council that this subdivision be returned to staff and the P&Z and they be directed to work with the developer to design a better land use. In order for the developer to work out a design other than the one presented the following will have to be decided: 1. "Peterson Street 11 from Arbor Drive South will be returned to PlumGrove Acres Inc. for the sum of $1.00. This is the firm that originally deeded the street to the City for future right of way. 2. The platted land will be rezoned to R -IB to make it conform to all the surrounding land and so a planned area development cpn be designed. Sincerely ---- PLU4 GRA _ACRES INC. By i?ruce R. Glasgow, Pres. -.-.j --� 4i j MICROFILMED BY I +i ;JORM MICROLAB (; CEDAR RAPIDS -DES -MOINES 5 AGREEMENT THIS AGREEMENT, between the City of Iowa City ("City"), and Plum Grove Acres, Inc. ("Seller"). i WHEREAS, City and Seller have entered into a Real Estate Contract (Short Form), dated September .2 01 1982, (the "Contract") pursuant i to which the City has agreed to purchase a certain parcel of land, as i legally described on Exhibit A which is attached hereto, and WHEREAS, as provided in such Contract, Seller and the City have agreed that title to and possession of such property shall immediately be conveyed to the City, although the amount to be paid for such property shall not be released or paid to Seller until certain improvements, as hereinafter described, have been completed by Seller; and WHEREAS, City intends to resell the property to a developer for construction thereon of Public Housing Project 22-4 (the "Project"), and will reacquire the property, as improved, upon completion of construction by said developer; and WHEREAS, the parties have agreed that a purchase price for the property ($101,325.00) shall be held in escrow in an interest bearing account pending Seller's completion of installation of the improvements as provided below. NOW, THEREFORE, the parties agree as follows: MICROFILMED BY 'JORM MICROLAB l CEDARRAPIDS•DES_ MOINES-�� X089 M !'—• 2 1. Concurrent with the execution of this Agsent, the balance of the purchase price for the property ($100,825.00) shall be deposited in an escrow account pursuant to the terms of the Escrow Instructions which are attached hereto. The down payment of $500 required under the terms of the Contract has previously been deposited in said account. 2. Seller shall, at its sole cost and expense, provide no more than one-third acre foot of stormwater detention for the above- described property by locating stormwater detention facilities north of said property. The construction plans for said facilities shall be submitted to the City by the Seller and execution of this Agreement. approved within 60 days of the 6. j Construction of said facilities shall commence within 30 days after construction of the � Project is started by the City's developer. The stormwater detention facilities shall be ! � I completed by Seller prior to June 1, 1983. i 3. Seller shall, at its sole cost and expense, install an extension i to the sanitary sewer line from a point near the intersection of _ k Court Street and Scott Boulevard to the main sewer line to the south, using the following route: Running along Peterson 4 Street (old Scott Boulevard) south to the main sewer line. { Construction of said sanitary sewer extension shall commence no later than 30 days after construction of the Project is started by the City's developer, and shall be completed prior to June 1, i i 1983. Both City and Seller shall have the right at any time to I connect with and utilize said sanitary sewer extension. _ ...... i MICROFILMED BY '.JORM MICRO_ LAB i �. CEDAR RAPIDS -DES MOINES r r I r /4.{"� 3 At such tii.. as Seller has completed, and Cit. aas accepted, the / sanitary sewer extension described in paragraph 3, above, the escrow holder shall be directed to release and pay to Seller $96,325.00 of the amount held in the escrow account, together with all interest earned on such sum. Y 5. At such time as Seller has completed, and City has accepted, the stormwater detention facilities described in paragraph 2, above, the escrow holder shall be directed to release and pay to Seller the sum of $5,000.00 from the escrow account, together i with all interest earned on such sum. i i i 6. City agrees that, upon completion of each of the facilities required to be installed by Seller hereunder, it will join in a I written request to the Escrow Holder for release and payment of j the appropriate sum. Seller agrees to prepare such request. i Dated as of September 20, 1982. PLUM GROVE ACRES, INC. By: L e. * O�J Bruce R. Glasgow Attest: Frank Boyd, Secretary CITY OF IOWA CITY By: l .�AI IAEA .1 IA a Hary Neu auser, Mayor Attest: +' Abbie Stolfus, City 4erk MICROFILMED BY >> JORM MICROLAB . jl CEDAR AAPIDS•bES MOiNES' r `-1 I P 1 ORDINANCE NO. 83-3123 AN ORDINANCE VACATING AN EASEMENT FOR PUBLIC HIGHWAY PURPOSES ALONG WOOLF AVENUE BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION 1. That the easement in Iowa City, Iowa,he�ei after described be and the same is hereby vacated: Commencing at a U.S. boundary marker, which marker is 37.8 feet south of the center line of U.S. Highway No. 6 and 25 feet east of the center line of Woolf Avenue, which marker is also the northwest corner of the Veterans Administration Hospital lands, thence along the westerly boundary of the hospital lands S 01°06'51" West a distance of 424.8 feet to a concrete U.S. boundary marker and the TRUE POINT OF BEGINNING, thence S 38°45'29" West 117.39 feet; thence S 37°35'23" East 114.66 feet; thence N 01006'51" East 182.43 feet to said true point of beginning. SECTION 2. This Ordinance shall be in full force and effect when published by law. Passed and approved this/7th day of June, 1983. UVlhli� t �D1 01i411aD1 — OR ATTEST: 4a,O..J �! ��„ ) CITY CLERK 1� j, MICROFILMED BY `.JORM MICROLAB I ,CEDAR .RAPIDS -DES I40INES 2 Ll N 1. It was moved by Balmer that the Ordinance as read be adopted andduponoroll caby llDthere—' AYES: ickson NAYS: ABSENT: XBALMER T— DICKSON ERDAHL �— LYNCH �— MCDONALD NEUHAUSER _ PERRET First consideration XXXXXXXXXXXXX Vote for passage: �— Second consideration XXXXXXXXXXXXXX Vote for passage: Date published d ne l5 toot Moved by Balmer, seconded by Erdahl, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: McDonald, Balmer, Dickson, Erdahl, Lynch, Neuhauser, Perret. Nays: None. Absent: None. MICROFILMED BY 1,ij ,JORM MICROLAB CEDAR RAP IDS- DES 1461AES F 1 Racolvod I, Approved $y J & L jat De arlmoni p/D 1 ■ I �J %/va r V0 0V Y . . r MEMORANDUM Date: March 23, 1983 To: City Council and Neal Berlin From: Frank Farmer, City Engineer, Re: Veterans Hospitals request to vacate easement for Woolf Avenue to allow for entrance for VA to U of I Medical Center Shuttle - in conjunction with construction of an Outpatient, Research and Education Addition. On May 10, 1951, the Veterans Administration gave the City of Iowa City a Deed of Easement over their property for the purpose of constructing the southerly extension of Woolf Avenue. See attached plat. In 1973 and 1974 the VA proposed to build a parking facility and on December 23, 1974, the City vacated the easement contingent upon the property being necessary for construction of said parking facility. The parking facility will not be constructed, therefore the easement is retained. In January of 1983 the VA again has requested that the easement be vacated to accommodate a new entrance in conjunction with their new addition. The new addition was discussed in the March 22, 1973, issue of the Press - Citizen. Construction would possibly begin in late 1984. See attached clippings from Press -Citizen. The VA has proposed a driveway onto Woolf Avenue, but after staff review it was felt that a driveway onto Newton Road would be a better location with regard to safety and destination. See attached plat showing proposed driveways. The alternate entrance as proposed by staff is acceptable to VA and they have requested this proposal be presented to Council for consideration. Also attached is a copy of the proposed Ordinance and a Memorandum of Agreement to be used to vacate this easement. If City Council is in agreement with this vacation, I will forward tris Agreement to the VA for their consideration before formal Council action. bj2/5 MICRDFILMED BY Yi.JORM MICROLAB ` ,I CEDAR'RAPIDS.DES_ MOINES 1 ■ r. �y Medical Center Iowa City IA 52240 RECEI'/Ep ?' ' Q Veterans 1983 K Administration MAY 19 1983 YX. Neil Berlin In Repay Refer To: 584/138 City Manager. 410 East Washington Street I0"' City, IA 52240 Dear Mr. Berlin: Enclosed you will find in three counterparts, the Meonrandtmm of E Agreewnt between the Veterans Iowa City, ICUR b Administration and the City of easement for Woolf sch the City has agreed to vacate its street ea W. A. S Avenue. The agreement has been signed by on behalf ofd' Assistant Deputy AdDdnistrator f the VA. for Construction, signed that You have all three gned by the Mayor and City Clerk counterparts dated and counter- f C and the date of adoption of the �, their signatures duly acknowledged, dinance where indicated. Please retain me counterpartinserted in the documents i records and return the other two coLnt for the City's I Also, it would be appreciated if erparts to this facility. MemorandLtal f- Agrement has been You in ohnson ould inform us when the records. County's land r Your cooperation in this matter is i Mr• Richard W. Fry th"s appreciated, and please contact extension 324 if any Chief &'?,�eering Service at 338-0581, questions arise. Sincerely, Far and in tP atnonca of J F. 14 dical Center Director Enclosures MICROFILMED BY + IJORM MICROLAB CEDAR RAPIDS -DEs moiia3 .' r No J ORDINANCE No. 8�_34 AN ORDINANCE MIENDING CHAPTER 10 OF TIM CODE OF ORDINANCES "ELECTIONS" BY DELETING THEREFROM ARTICLE II MUNICIPAL ELECTION CMIPAIGN FINANCE REGULATIONS EXCEPT FOR TIIE LIMITATION ON CMIPAIGN CONTRIBUTIONS PROVISION. BE IT ENACTED BY THE CITY OF IOIPA CITY, IOWA: SECTION 1. PURPOSE. The purpose of this Ordinance is to repeal the Municipal Election Campaign Finance Regula- tions since these regulations are similar to Chapter 56 of the Code of Iowa with candidates for municipal office being subject to the campaign finance disclosure require- ments of the said Chapter 56 and the State law campaign finance disclosure requirements are adequately regulated by the Iowa Code. Provided, however, that the provisions in Sec. 10-19 placing limitations on campaign contributions shall remain in full force and effect. SECTION 2. REPEAL. Article II of Chapter 10 of the Iowa City Code of Ordinances consisting of Sections 10-16, 10-17, 10-18, 10-201 10-21 and 10-22 are, by this Ordinance, hereby repealed. SECTION 3. LIMITATION ON CMIPAIGN CONTRIBUTIONS. a) Con- tributions by persons. {Pith regard to elections to fill a municipal public office or for a ballot issue, no person shall make, and no candidate or committee shall solicit or accept, any contribution which would cause the total amount contributed by any such contributor with respect to a single election in support or opposition to such candidate or ballot issue, including contributions to political committees sup- porting or opposing such candidate or ballot issue, to ex- ceed fifty dollars ($50.00), b) Contributions in name of another. With regard to elections to fill a municipal public office, a person shall not make a contribution or expenditure in the name of another person, and a.person shall not.knbwingly. accept a contribution or expenditure made by one person in the name of another. c) Sources derived from loans. Any candidate or committee receiving funds, the original source of which was a loan, shall be required to list the lender as n contributor. No candidate or committee shall knowingly re- ceive funds from a contributor who has borrowed the money with- out listing the original source of such money. SECTION 4. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby I repealed. �. MICROFILMED BY I ,.JORM MIICROLAB f CEDAR RAPIDADES MOIRES f i J 1. 4 - 2 - SECTION S. SEVERABILITY, part of the Ordinance shall lbeany adjudgedoto beovision invalidoor unconstitutional, such adjudication shall not affect the ce vision toropartthe thereofnnotaadjudgedWhole invalid orsection unconstitu- tional. Passed and approved this 7th day of June, 1983. h YOR ATTEST: JS/Qe✓�t CITY CLERK �l�J �..: MICROFILMED BY 1JORM-MICROLAB CEBAR . RAN IOS-IDES MOIRES .� 1 Received & Approved By The Legal Department I . F ■ It was moved by Erdahl and seconded by McDonald that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X BALMER "X DICKSON X ERDAHL LYNCH �— MCDONALD —� NEUHAUSER x PERRET First consideration XXXXXXXXXX Vote for passage: �-- Second consideration XXXXXXXXXX Vote for passage: Date Published June 15, 1983 Moved by Erdahl, seconded by McDonald, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. MICROFILMED 9Y LJORM MICROLAB I CEDAR RAPIDS-DES'MOINES �.. 1 ORDINANCE NO. AN ORDINANCE MIENDING CHAPTER 10 OF THE CODE OF ORDINANCES "ELECTIONS" BY DELETING THEREFROM ARTICLE II MUNICIPAL ELECTION CAMPAIGN FINANCE REGULATIONS. i t; r' k{ l MICROFILMED 8Y I 'JORM MICROLAB; jl CEDAR RAPmD bEs ONES r BE IT ENACTED BY THE CITY OF IOWA CITY, IOI1VA SECTION 1. PURPOSE. The purpose of this 0ce is to repeal the Municipal Election Campaign Finance Regula- tions since these regulations are simila>/to Chapter 56 of the Code ofo f Iowa with candidates municipal office being subjec�to the campaign financ disclosure require- ments of the said Chapter 5G and th State law campaign finance disclos re requirements ar adequately regulated by the Iowa Code. z � SECTION 2. REPEAL. Article I of Chapter 10 of the Iowa City Code of Ordinanc cons' ting of Sections 10-16, 10-17, 10-18, 10-19, 1 20, 0-21 and 10-22 are, by this f Ordinance, hereby repeal s'. SECTION 3. REPEALER. 1 o di nances and parts of ordinances s >n conflict with the p ovisio of this ordinance are hereby repealed. I SECTION 4. SEVE ILITY. If any ection, provision or I?: part of the Ordiry nce shall be adju ed to be invalid or p unconstitutionah, such adjudications 11 not affect the j validity of tho`Ordinance as a whole or ansection provision or part thereof not adjudged invalid or u constiion, MAYOR ATTEST: j t CITY CLERK i i v Receive & Approved Legal De rtmont j The Leg By i. 3 $ i t; r' k{ l MICROFILMED 8Y I 'JORM MICROLAB; jl CEDAR RAPmD bEs ONES r It was moved by , and seconded by that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: BALMER DICKSON ERDAHL LYNCH _ MCDONALD _ NEUHAUSER PERRET First consideration 5/10/83 Vote for passage: Ayes: Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret, Balmer. Nays: None. Absent: None. Second consideration Vote for passage: Date published i. .MICROFILMED BY ;JORM MICROLAB ,;,CEDAR RAPIDS-DES IKOINES , I 1 ■ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES