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Home My WebLink About1982-04-27 Ordinance_y ORDINANCE NO. 82-305. ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM M2 TO C2. 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 M2 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 following property, to -wit: i Lot One (1) in Part I of Southgate Addition to the City of Iowa City, Iowa, ' and the easterly 60 feet of Lot Two (2) in Part I of Southgate Addition to the City of Iowa City, Iowa. EAs requested by Country Kitchen - Wayne Wessels. r SECTION II. The Building Inspector is hereby ' authorized and directed to change the zoning map of f the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and I publication of this ordinance as provided by law. SECTION III. The City Clerk is hereby authorized. { andand ducted to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage of publication as provided by law. r SECTION . REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. I SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance r 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 V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 27th day of April, 1982. j MPCR ATTEST: AAA-) .OV -411 Received & Approved CITY CLERK' yay The Legal Department /J- 8.7 69/ i' 1 MICROFILMED BY "�JORM MIC Rd )LAB I 1 CEDAR RAPIDS • DES MOINES n, r W It was moved by Balmer , and seconded by Lynch that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL X LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration 3/30/82 Vote for passage: Ayes: Perret, FaTmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser. Nays: None. Second consideration 4/13/82 Vote for passage: Ayes: Lynch, McDonald, Neuhauser, Perret, Balmer, Dickson. Nays: None. Absent: Erdhal. Date published May F 1482 -- - ------- ---- I 141CROFILIIED BY DORM MICR GAB " I � CEDAR RAPIDS •DES MOINES i 69� To: Planning & Zoning Commission Item: Z-8111. 1401 S. Gilbert GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Comprehensive Plan: i Existing land use and zoning: Surrounding land use and zoning I STAFF REPORT Prepared by: Bruce Knight Date: 1/21/82 Country Kitchen - Wayne Wessels 1401 S. Gilbert Iowa City, Iowa 52240 Rezoning from M2 to C2. Erection of a sign larger than is permitted in an M2 zone. 1401 South Gilbert (the southwest corner of the Gilbert Street and Highway 6 interchange). Approximately 25,000 square feet (.57 acre). Highway commercial. Restaurant (Country Kitchen) and M2. North - across Highway 6, gas station and M1. East - car wash and M2. South - restaurant and M2. West - Hills Bank & Trust (under construction) and M2. 45 -day limitation period: 2/10/82 ANALYSIS The applicant is requesting a rezoning from M2 to C2. The reason for the request is that the sign ordinance requirement for an M2 zone is more restrictive than for a C2 zone (i.e. 50 sq. ft./face vs. 125 sq. ft./face). Because Country Kitchen wished to erect a new sign which was larger than the maximum allowed in M2, they applied for a variance. This application was denied because the Board of Adjustment did not find an unnecessary hardship and did not feel that the case was unique. Rather, the Board felt that this was a common problem for commercial uses in a manufacturing zone. As a result of the denial, the applicant has requested a rezoning to C2. Up to this point in time, the development in the area surrounding Country Kitchen has been commercial rather than manufacturing. Staff expects this trend to continue, and ses this part of Iowa City expanding as a commercial area. The Comprehensive Plan recommends land consumptive commercial for much of the land surrounding Country Kitchen. Because of this, it can be expected that this area will ultimately be zoned for this type of use. MICROFILMED BY 'I. I-JORM. MICR+LAB _) CEDAR RAPIDS DES M018ES i � i 0/ �r 2 Relevant to discussing the rezoning of an individual parcel, is the issue of "spot zoning." According to a 1970 Iowa Supreme Court case (Jaffe v. City of Davenport) "spot zoning results when a zoning ordinance creates a small island of property with restrictions on its use different from those imposed on surrounding property." Using this definition, it is evident that the requested rezoning would be considered spot zoning. However, the case also stated that "although such action is not looked upon with favor by the courts, it is not necessarily illegal." Rather, "spot zoning is valid if it is germane to an objective within the police power and there is reasonable basis for making the distinction between the spot zoned and the surrounding property." Two facts indicate that the rezoning would be valid in this case. First, the requested zone generally conforms to the recommendations of the Comprehensive Plan; the uses permitted in the C2 zone include warehousing and service functions and businesses of the land consumptive commercial land use - designation. Second,'the courts have pointed out that "zoning is not static and any existing restrictions are subject to reasonable revisions as the need appears..." The area in question has been developing more as a commercial area than an industrial area and therefore the requested rezoning would be _ appropriate. STAFF RECOMMENDATION Staff recommends that the requested rezoning be approved. ATTACHMENTS 1. Location map. ACCOMPANIMENTS None. Approved by na d chmeiser, rector Department o Planning and Program D velopment Vll i MICROFILMED BY - .........`_. I 1 -JORM MICR#LAB j CEDAR RAPIDS DES FIOIAES -v LDC,k-TVCX',l MAS 14ICROFILMED BY JORPA MICR6LAS 13 CEDAR RAPIDS - DES MOIJNES. 67/ J-7-- " 1� x ME 67/ J-7-- " 1� x I I I I I � / 1 / V f ORDINANCE NO. 82-3058 AN ORDINANCE A14ENDING CHAPTER 9.1 OF THE CODE OF ORDINANCES OF IOWA CITY TO PROVIDE FOR THE PUBLIC AND PRIVATE USE OF CITY PLAZA, ESTABLISHING REGULATIONS GOVERNING SUCH USE, AND PRESCRIBING PERMIT AND LEASE PROCEDURES FOR SUCH USE. SECTION 1. PURPOSE. The purpose of this ordinance is to amend Chapter 9.1 of the Code of Ordinances by deleting Chapter 9.1 and enacting a new chapter in lieu thereof. { r I SECTION 2. AMENDMENT. Chapter 9.1 of the Code of Ordinances is hereby deleted and the following new Chapter 9.1 is hereby substituted. SECTION 3. INTENT. It is the intent of this V Ordinance to regulate the use of City Plaza in order to promote the public interest by: A. Making City Plaza an active and attractive pedestrian environment; E B. Providing the opportunity for creative, colorful, pedestrian -focused commercial and cultural activities on a day/night, year- a round, and seasonal basis; C. Encouraging commercial activities which add interest, charm, vitality, diversity, and good design to City Plaza; D.. Encouraging the upgrading of storefronts and 1 the development of compatible and well- designed elements within Zone 1; E. Controlling the use of vehicles and bicycles in City Plaza. y The intent of the City Plaza Use Regulations is that private development within City Plaza is to be permitted sparingly and only for those proposals i that meet the objectives stated above. It is not to be considered a "use by right." SECTION 4. DEFINITIONS. Ambulatory Vendor - An individual selling goods or services while moving through Zones 1, 2 and 3 and operating without the use of a mobile vending cart or kiosk, and with a minimum of equipment, e.g., balloons, portrait artist. 713 141CROFIL14E0 BY ! _..JORM MICR6LA8__ CEDAR RAPIDS • DES 140INES � �Li �r _y Ord"",ce No. 82-3058 ! �; Page 1 Audio Ambience - A localized use of sound intended to create a pleasant, relaxing atmosphere. City Plaza - That area of City property extending from the northern right-of-way line to the southern right-of-way line of College Street from the eastern right-of-way line of Clinton Street to the western right-of-way line of Linn Street; and extending from the western right-of-way line to the eastern right-of-way line of Dubuque Street from the southern right-of-way line of Washington Street to the northern right-of-way line of the Block 82 alley between Burlington Street and College Street. Kiosk - A small structure that is stationary, and can be either permanent or seasonal in nature. Landscaping - Live plant material used strictly for an ornamental or ecological purpose. - Mobile Vending Cart - A non -motorized structure on wheels that is easily moved and is used for vending. iMobile Vendor - Operator of mobile vending cart. Permanent Structure - Any structure erected for a year-round use. Seasonal Construction - Any structure erected for a 1 seasonal or temporary activity and which is removed from the Plaza in off-season. a i SECTION 5. DESCRIPTION OF MALL ZONES. I A. Zone 1 - The ten (10) feet strip directly abab-ung the private property lines. Zone 1 extends the length of the City Plaza along all sides of the Plaza. i B. Zone 2 - the six (6) foot pedestrian lanes adjoining Zone 1 on each side, the landscaped areas, the areas with street furniture and features, and other areas as specified on map. i C. Zone 3 - The emergency/service lane. The Zones are illustrated in the attached City Plaza Map. This map can be amended from time to time as necessary by Resolution. SECTION 6. BICYCLE REGULATIONS. No person shall ride a bicycle within City Plaza. No bicycles shall be left unattended within City Plaza unless T/3 ! MICROFILMED BY J J _J 'DORM" -MIC R#L AEi-- i fL CEDAR RAPIDS • DES MOINES I —io Orc ince No. B2-3058 Page 3 located in a bicycle rack. Any violation of this Section shall be a simple misdemeanor. SECTION 7. MOTOR VEHICLE REGULATIONS. Except as otherwise provided herein, ni motor vehicles, except emergency vehicles, shall be operated within the limits of City Plaza without a permit. A permit for the operation of motor vehicles within City Plaza may be issued by the City Manager or his/her designee upon application according to the following conditions: A. Any business located on property which does not otherwise abut a public right-of-way other than City Plaza may be granted a continuing permit upon a showing that such is necessary to provide for the delivery of goods to or from the business. Such permit shall allow the presence of the vehicle within the Plaza only during active loading and unloading. i 8. Any individual may be granted a temporary permit upon a showing that the placement or operation of a motor vehicle upon City Plaza j for a specified, limited period of time is j necessary. C. A service vehicle operated by the City of Iowa City may operate within City Plaza without a permit when performing necessary maintenance requiring the use of the vehicle. i Any violation of this Section shall be a simple 4 misdemeanor. SECTION 8. ANIMAL REGULATIONS. Notwithstanding 1 the provisions of any other City Ordinance, no person shall take, accompany, or allow any animal into City Plaza. This provision shall not apply to a seeing eye dog being used to assist a blind person. Any violation of this Section shall be a simple misdemeanor. j SECTION 9. USE OF CITY PLAZA. i A. Permitted Uses: Permitted uses include those listed below. Other uses consistent with the ! purposes stated in Section 1 may be permitted if specifically approved. When a mobile or temporary use is allowed, it is understood that this authorization does not extend to Zone 1 or Zone 2 areas which are already i 713 i MICROFILMED BY •_...._....` ' �._. ..JORM MICR( LA19 ..1 .' �� f CEDAR RAPIDS • DES M014ES C � �r Ordir,"";e No. 82-3058 Page' a leased for other purposes e.g., mobile vending carts may not approach patrons seated in a sidewalk cafe. 1. Ambulatory vendors, e.g., balloons or portraits (Zone 1, 2, 3). 2. Mobile vending carts for food, flowers/ plants, newspapers/ magazines, etc. (Zone 2). 3. Sidewalk cafe (Zone 1, 2). 4. Stairways to basements. Pursuant to Chapter 104A of the Code of Iowa, stair- ways shall only be permitted when the business on the basement level has an alternate entrance which makes it acces- sible to the handicapped or otherwise complies with State law (Zone 1). 5. Display window extensions (Zone 1). 6. Building front and/or basement extensions, provided the use of the extension is the same as the store activity (Zone 1). 7. Privately -owned kiosks (Zone 2). 8. Landscaping (Zones 1 and 4. 9. Arts and crafts sales of hand -made articles by an organized guild, association, or club on an occasional basis (Zone 1, 2). 10. Sales or exhibits by individual artists or artisans, and food vending on a temporary basis for special events (Zone 1, 2, 3). Zone 3 users must be totally ambulatory. 11. Events of an educational or entertainment nature (Zones 1, 2, 3). Zone 3 users must be totally ambulatory. Usable Area 1. Zone 1 - Permits may be issued for any part of Zone 1. Building extensions shall only be allowed where, in the sole judgement of thb City Council, such extensions enhance the quality of City Plaza. 1 � IdICROFILIdED BY ._JORM MICR+LAB J CEDAR RAPIDS DES MDINES i 7/3 A r 1 f J1i 1 V Ord�`nce No. 82-3058 �'" t„ Page 5 2. Zone 2 - The usable areas are as shown on the attached Plaza Diagrams. 3. Plaza landscaping may be modified or removed to a limited extent, if the net effect enhances the ambience of the City Plaza and if approved as part of the permit application. The applicant in such cases must agree to restore the Plaza landscaping to its original con- dition upon termination of the permit and provide a bond or escrow account in an amount determined by the City. 4. Zone 3 - The area is to be used only for ambulatory vendors with its primary purpose to be maintained as an emergency/service lane. C. Dates and Hours of Operation: Kiosks and buildings extended onto the City Plaza are to be open at least during normal retail business hours, Monday through Saturday, throughout the year. Sidewalk cafes, seasonal kiosks and mobile carts may operate seasonally, but must at least be in operation substantially during normal retail business hours, Monday through Saturday, May 1 to October 1. Other months of operation may be granted by permit for seasonal kiosks and mobile carts when the i product is related to another season. D. Noise Control: Any request for the use of sound must be specifically approved and may be permitted only if it will encourage an audio ambience within the City Plaza, while at the same time protecting the general public from an overload, volume, or type of sound that is disturbing or inappropriate for a pedestrian area. E. Insurance and Indemnification: The applicant shall agree to indemnify, defend and save harmless the City of Iowa City, its agents, officers, and employees, from and against all claims, damages, losses and expenses in any manner resulting from, arising out of or connected with the construction, use, mainte- nance or removal of any structure, cart or use. The applicant shall at all times maintain a policy of liability insurance in the minimum amount of $300,000 for personal injuries, and $50,000 for property damage arising out of the permitted operation. The 7/3 141CROFILMED BY I -JORM MICR6LAB -- CEDAR RAPIDS • DES MOINES ``i _�O Ord"1;4nce No. 82-3058 Page 6 applicant shall file, in the office of the City Clerk, a copy of the liability insurance policy executed by a company authorized to do insurance business in the State of Iowa in a form approved by the City Clerk. The policy shall further provide thirty (30) days notice of cancellation or material change to the City Clerk. Such cancellation or change without written approval from the City shall automatically revoke the permit or lease. The City Manager may waive the insurance requirements for any casual and/or temporary sales activity, or for any cultural or entertainment activity as he/she deems appropriate. F. Performance Time Limits: Sidewalk cafes, seasonal kiosks and mobile vending carts must be in operation within sixty (60) days of the start date provided for in the permit, or the permit approval shall automatically expire. Permanent kiosks and building extensions shall be completed and in operation within such reasonable time as set in the permit as provided in Section 11(a). G. Maintenance: The applicant is responsible for maintaining the area within and in proximity to his/her location in a clean and hazard -free condition, including snow removal for a distance of ten (10) feet from any structure occupied by the applicant. Supplementary trash containers must be Provided if considered necessary and specified in the lease or permit. All landscaping provided by the applicant and the exterior of f all structures, kiosks and carts must be I maintained in good condition by the applicant. H. Illumination: Nighttime interior illumina- tion A of all building front and basement extensions, display window extensions, base- ment stair wells, and kiosks is required during hours of operation. I. Newspaper Vending Machines: The City will make available, at a reasonable cost, space in the City -owned newspaper dispenser units on City Plaza. In the case of more applications than available space, a selection procedure that is deemed fair, reasonable, and appropriate by the City shall be established. 7/3 MICROFILMED BY 1 1' `DORM MIC RI�LA13 j 'r CEDAR RAPIDS • DES MOINES / r Crc'�"nce No. 82-3058 Page 1 J. Construction Costs: All costs of construction are to be paid by the applicant, including costs of damage or repair to the City Plaza caused by the construction. SECTION 10. CITY PLAZA USE PERMITS. A. Mobile Vendors: Specific locations have been designated within the boundaries of City Plaza for the operation of mobile vending carts. Each mobile vending permit shall carry with it the authorization to operate at one (1) or two (2) designated locations. The vendor may sell in transit if a customer request is made, provided the primary trade shall be conducted at one of the designated locations. All lease applications for mobile vendor operations must be received at least four weeks before the proposed start of the lease. The City Manager or his/her appointed designee may issue a permit to operate a mobile vending cart in the public right-of-way of City Plaza after careful consideration and assurance that the following conditions have or will be met: 1. An authorized designated mobile vending location is available which will not interfere with the operation of an existing mobile vendor, the general use of City Plaza, and free movement within the emergency/service lane. 2. The applicant's proposed mode of operation will not impede the free flow of pedestrian traffic along the City Plaza right-of-way, and in or out of retail establishments fronting on the Plaza. 3. The applicant agrees to operate his/her business only within the boundaries of City Plaza and only at designated mobile vending locations or in transitbetween them. The applicant's permit may be revoked if these specified locations are not used. . 4. The dimensions of the applicant's vending cart shall not exceed a size of four (4) feet wide by eight (8) feet long by six (6) feet high. � I 141CROFILMED BY 1 1_ JORM. MICR46LAB � CEDAR RAPIDS DES MOI4E5 i 713 M J_I -y orc')nce No. 82-3058 i Page 8 5. The applicant shall store the vending cart off the City Plaza and shall describe the provisions for storage in the permit application. 6. The applicant has obtained all necessary permits required by the Johnson County Department of Health. The sale or assignment of a mobile vending permit for City Plaza is expressly prohibited. The City reserves the right to revoke a permit as it deems necessary. B. Ambulator Vendors. The City Manager or his her appointed designee may issue a permit for the purposes of ambulatory vending in the public right-of-way of City Plaza after careful consideration of the applicant's proposed business, and assurance that the following conditions have or will be met:' i All applications for ambulatory vendor operations must be received at least five days before the proposed start of operations. 1. The applicant will operate without the use of a mobile vending cart, and with a minimum of equipment. 2. The applicant's proposed mode of operation will neither impede the free flow of pedestrian traffic along the City Plaza right-of-way, nor shall it interfere with such pedestrian movement into or out of retail establishments fronting on the Plaza. 3. The applicant will conduct his/her vending completely within the boundaries i of City Plaza. 4. The applicant has obtained all necessary permits required by the Johnson County Department of Health. The sale or assignment of an ambulatory vending permit for City - Plaza is expressly prohibited. C. For all other events, an application for the use of City Plaza must be received at least ten days before the start of the event. I MICROFILMED BY 1, 1 JORM MICR<6CAB CEDAR RAPIDS • DES MOINES -y I Or mince No. g2-3058 r Page 9 D. Permanent and Tem orar Structures, The City Manager, upon approval of City Council, may enter into an agreement for the sale or lease Of public right-of-way in the City Plaza for the construction of a permanent structure at a site designated for a kiosk or as an addition to an existing store front, or for the temporary or seasonal use of Zone 1 by the owner or operator of abutting property. Said lease or sale shall only be entered into after careful consideration and assurance that the following conditions have or will be met. I. Building Design: a. Additions to buildings shall be harmonious in scale and design with permanent neighboring structures and with the City Plaza. b• Materials shall be suitable for the style and design of buildings in which they are used. C. Materials which are architecturally harmonious shall be used for all building walls and other exterior building components wholly or partly visible from public ways. d. Selection of materials shall be guided by the following: (1) Harmony with adjoining buildings; (2) Relationship to the brick and wood theme of City Plaza (3) Materials shall be of durable quality. e. Building Components - such as windows, doors, eaves, and parapets - shall have good proportions and relationship to one another. j f. Colors shall be selected for their harmony and/or ability to compliment the color scheme of the City Plaza. 9• Mechanical equipment or other utility hardware onroof, ground or buildings shall be screened from public view with materials harmonious with the building, or shall be located so as not to be visible from any public ways. h. Exterior lighting shall be part of the architectural concept. 71,1 i - ! MILROf ILI1E0 BY � `JORM MIC R16LABj CEDAR RAPIDS - DES MOINES r I 9 _M r 9 Ord'^Ice No. 82-3058 r �> Page 10 Fixtures, standards, and all exposed accessories shall be harmonious with building design. 2. Signs: a. All signs shall be part of the architectural concept. Size, color, lettering, location and arrangement shall be harmonious with the building design, and shall be compatible with signs on adjoining buildings. b. Materials used in signs shall have good architectural character and be harmonious with building design and the materials used in the City Plaza. C. Every sign shall express in scale and in proportion an appropriate visual relationship to buildings and surroundings. d. Colors shall be used harmoniously and with restraint. Excessive brightness and brillant colors shall be avoided. Lighting shall be harmonious with the design. If external spot lighting is used, it shall be arranged so that the light source is shielded from view. 3. Additional Criteria; a. The Design Review Committee may, from time to time, formulate additional design criteria for the review of proposed construction pursuant to this ordinance. Such criteria shall become effective only when adopted by the City Council by resolution. b. No building permit for the construction of any temporary or permanent structure, or for any building extension, to be constructed pursuant to this ordinance, shall be issued until plans for said construction have been reviewed by the Design Review Committee and approved by the City Council. The Design Review Committee shall, within thirty (30) days of receipt of said plans, 1 � 141CROFILIIED BY i "DORM MICR+LAB CEDAR RAPIDS • DES MOIYES 713 i 1 r Ore ince No. 82-3058 �" 0 Page 11 review the plans and advise approval, approval with conditions, or disapproval in a written report forwarded to the City Council and the applicant. If the Design Review Committee recommends approval with conditions, it shall require the affirmative vote of five (5) members of the City Council to constitute City Council approval pursuant to this section unless such conditions are met; and if the Design Review Committee recommends disapproval, it shall require the affirmative vote of five (5) members of the City Council to constitute City Council approval pursuant to this section. SECTION 11. APPLICATION PROCEDURES. A. In order to obtain a permit pursuant to this Chapter, the applicant shall file an application with the City Manager or his/her designee. In order to be considered, the application, and attachments, shall contain sufficient information to fully determine the intent of the applicant, and to insure full compliance with this Ordinance. The City Manager shall establish the requirements for applications and shall establish the procedures for review of all applications. B. Prior to the issuance of any permit or authorization of any lease which includes the construction of any improvements, the design of such improvements shall be submitted to the Design Review Committee for review.' The Design Review Committee shall review the plans submitted, and shall make a written recommendation to the City Manager. C. In cases where there may be more than one application for a particular location,, or the City Manager considers it in the public interest to solicit proposals, the City Manager shall establish such selection procedures as he/she deems fair, reasonable and appropriate. D. Applications for a change of use shall follow the same procedure and be subject to the same review and approval criteria as new applications. MICROFILMED BY i `JORM MICR46LAB- ..J. CEDAR RAPIDS - DES MOINES f T/3 J_� I OH 4; "ice No. 82-3058 Page i2 SECTION 12. FEES. A fee, if applicable, shall be paid within 10 days of the granting of the City Plaza use permit and before the permitted activity begins. The City Council shall periodically review and revise, as appropriate, by Resolution, fees for the lease of property and for the issuance of permits authorized herein. Failure to provide the applicable payment as specified in any lease agreement within 10 days of the prescribed time will result in a revocation of the lease and permit. SECTION 13. RENEWAL AND TERMINATION. A. Permits for permanent construction shall be for the term specified in the lease agreement, or until terminated or revoked by the City Manager pursuant to the lease agreement. B. Other permits for specific locations are for one year, then renewable automatically for one additional year, provided the permittee operated at least three (3) months during the first year. C. Permits are nontransferable. Leases may be assigned or sublet only upon prior written approval of the City Council. D. Upon revocation or termination of any permit, the permittee shall be responsible for removing the structure and restoring the permit area to its condition prior to the issuance of the permit. SECTION 14. RELATIONSHIP TO OTHER ORDINANCES. If any provision of this Ordinance conflicts with any provision of other Ordinances, the more restrictive shall apply. SECTION 15. SEVERABILITY. If any section, provision or part of the Ordinance shall be ad- judged to be invalid or unconstitutional, such ad- judication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitu- tional. SECTION 16. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 27th day of April, 1982. '113 141CROFILIIED BY JORM MICRbLAB + ' CEDAR RAPIDS • DES MOINES � f� _V Ord' ice No. 82-3058 Page 13 M OR ATTEST: &la s�,r�� CITY CLERK f V & Appfnvgd ReeeW,Le9.1 pepallM l MICROfILMED BY I-J0RM'MlCR+LJAW— ei CEDAR RAPIDS • DES MO I I` 3 i s I i I i I 1 I i 713 Wo•6,w SI 016y For illustrative purposes only. The official City Plaza map is available in the City Clerk's office. MICROFILMED BY JORMMICR+LAB- I CEDAR RAPIDS • DES MOINES ti 1 It was moved by Balmer and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: -x BALMER -x— DICKSON X` ERDAHL LYNCH x MCDONALD -� NEUHAUSER - x PERRET First consideration xxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxx Vote for passage: Date published 5/10/82 Moved by Balmer, seconded by Perret, 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 suspend- ed, the first and second consideration and vote be waived and the ordinance be voted upon for final pass- age at this time. Ayes: Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret, Balmer. Nays: None. i MICROFILMED BY t i 1 -DORM-"MIC R+LAB l {' CEDAR RAI -IDS DES MOINES I T13 �r R ORDINANCE NO. 82-3059 AN ORDINANCE AMENDING SECTION 23-189 OF THE MUNICIPAL CODE OF IOWA CITY. SECTION I. PURPOSE. The purpose of this ordinance is to amend Section 23-189 of the Municipal Code of Iowa City so as to reflect changes in the speed limit of First Avenue between Bradford Drive and U.S. Highway 6 as determined by engineering studies conducted by the City's Traffic Engineering Division. SECTION II. AMENDMENT. A portion of Section 23- 189 shall now read as follows: First Avenue 25 From the intersection of Bradford Drive south to the intersection of U.S. Highway 6. 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 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 V. EFFECTIVE DATE. This Ordinance shall be in effect a ter is nal passage, approval and publication as required by law. Passed and approved this 27th day of April, 1982. mLu C. 1>Ej� MFOOR ATTEST: 1 CLERK LERK C1'i_ivad W Approvcd e illo Local D—ailment zl 8z 14ICROFIU4E0 BY "JORM-- MICR¢LAE3 + CEDAR RAPIDS • DES MOIRES I I an � 1 J -`1 I 1'r It was moved by Balmer , and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x EROAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration xxxxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxxxx Vote for passage: Date published May 5, 1982 Moved by Balmer, seconded by Perret, 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 suspend- ed, the first and second consideration and vote be waived and the ordinance be voted upon for final pass- age at this time. Ayes: Lynch, McDonald, Neuhauser, Perret, Balmer, Dickson, Erdahl. Nays: None. i i is i i i MICROFILMED BY I -JORM-"MIC R+CAB 1 CEDAR RAPIDS • DES MOINES I ORDINANCE NO. 82-3060 ORDINANCE AMENDING CHAPTER 31 BY ADDING SECTION 31-10 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this amendment is to prohibit certain surface materials in the area between the traveled or paved area of the street right-of-way and the abutting private property line. SECTION II. AMENDMENTS. A. Chapter 31 of the Code of Ordinances is hereby amended by adding the following new section; Sec. 31-10. Prohibited surface materials in the area between the traveled or paved area of the street right-of-way and the abutting private property line. No person shall place or allow to be placed any loose rocks, stones, gravel, or similar loose substances as a surface material in the area between the traveled or paved area of the street right-of-way and the abutting property line. Where such prohibited surface materials currently exist, their use shall be discontinued and the materials removed on or before July 1, 1984. Each property owner in violation on the date of publication of this ordinance or thereafter shall be notified of such violation in accordance with the provisions of the Administrative Code, Chapter 2, Article IX. The Director of Public Works shall adopt administrative regulations which describe acceptable surface materials 'and establish Policies and procedures for their placement and maintenance. 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 Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the IAICROFILMED BY -JORM MICR #LAB* _J Z CEDAR RAPIDS DES MOIYES III 1—\ 1� Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 27th day of April, 1982. 1AA w C. AkA-lJ..2L.CAJLS.QA ATTEST: CITY CLERK C/ {ff t 1 MICROFILMED BY - �..1- -"JORM MICR#LAB'- JJJ CEDAR RAPIDS • DES MOInES I i f I J_ It was moved byn and seconded by Dickson that the Ordinance as'Ma—d be adTp—ted'and upon roll call there were: AYES: ABSENT: x BALMER X DICKSON X ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration 3/30/82 Vote for passage: Ayes: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret. Nays: None. Second consideration 4/13/82 Vote for passage: Ayes: Dickson, Lynch, McDonald, Neuhauser, Balmer. Nays: Perret. Absent: Erdahl Date published May 5, 1982 Received & Approved By The Legal DeparIniant, ZJ3 MICROFILMED BY '-JORM MICR+LAB El CEDAR RAPIDS • DES MOINES ORDINANCE NO, 82-3061 ORDINANCE MIENDING SECTIONS 34-74 AND 34- 75 OF THE WEED CONTROL ORDINANCE OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA SECTION I. PURPOSE. The purpose of this amendment is to delete from the weed control ordinance the designation of newly developed areas as natural areas and to permit the assessment of costs for weed or grass control against the property for collection in the same manner as property tax. SECTION II. MIENDDIENT. Section 34-74 Sub -paragraph (d) is hereby deleted from the Code of Ordinances. SECTION III. MIENDMENT. Section 34-75 is hereby deleted from the Code of Ordinances and the following provision is substituted therefor: During the period between the fifteenth of June and the fifteenth of October it shall be the duty of the weed official to inspect all areas of complaint and notify the last known owner or person in possession of the area of violation of this article. Said notice shall be by certified mail and allow ten (10) days after mailing of said notice as a period of time to eliminate said viola- tions. Return receipt with signature is not required for said notice. Upon failure of the owner or person in possession or control to act within the prescribed time period, the City may perform the required action and assess costs against the property for collection in the same manner as a property tax. In the event that this action is taken, the weed official may obtain competitive bids.to have the required action performed. If no bids are thus obtained, the City may have City personnel perform the required action at rates which shall be established by resolution of the City Council from time to time, which rates shall constitute costs to be assessed against the property as provided herein. In addition to the foregoing remedy and other remedies allowed by law, the weed official may file misdemeanor charges against such individuals. j 141CROFILMED BY 1.J I —JORM MICR+4iB" j CEDAR RAPIDS • DES MDI YES I 14- n 6M Ordinance No. 82-3061 Page 2 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 27th day of April, 1982. '17111,FF I W—MM ATTEST:4IJ I MICROFILMED BY I' a...._ ___l... JOR M.'MIC R+LAB- CEDAR RAPIDS • DES MOINES t It was moved byBalmer and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH —x— MCDONALD x NEUHAUSER x PERRET First consideration xxxxxxxxxxxxxxx Vote -for passage: Second consideration xxxxxxxxxxxxxxxx Vote for passage: Date published May 5, 1982 Moved by Balmer, seconded by Perret, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meet- ing 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: Perret, Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser. Nays: None. 1' MICROFILMED BY -'"-- "-JORM MICR+CAB` --- CEDAR RAPIDS • DES 110, ES 7/G _�o City of Iowa City MEMORANDUM DATE: April 22, 1982 TO: Mayor and City Council FROM: Robert W. Jansen r�.W4 . RE: Weed Control Ordinance Amendments On April 13th the Council gave the first reading to the amendments to the Weed Control Ordinance providing that the City may perform the weed control work and assess costs against the property in the same manner as property tax upon the failure of the owner to comply. Rates for City charges were built into the ordinance that you considered on April 13th and it has since been decided that those rates should be established from time to time by resolution of the City Council. Accordingly, we are substituting a revised ordinance taking out the rate structure and providing that same will be set by resolution. This should be substituted for the ordinance which received first reading on April 13tH. � f i MICROFILMED BY )- - --DORM MICR46LA13 1_ CEDAR RAPIDS • DES MOINES I I 1/6 �r ORDINANCE NO. ORDINANCE AMENDING SECTIONS 34-74 AND 34- 75 OF THE WEED CONTROL ORDINANCE OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA SE ION I. PURPOSE. The p rpose of this amendment is to dele a from the weed ntrol ordinance the designati n of newly Jl develop areas as natural areas and o permit the assessme of costs for weed or grass control against t property for collecti n in the same manner as a roperty tax. SECTION II. ENDMENT. Section 34-74 Su -paragraph ) is hereby deleted from the Code of 0 inances. SECTION III. AMEND T. Section 34-75 is he deleted from the Code of Ordinances and the following provision is substituted therefor: I During the peri d be ween the fifteenth of June and the fi teenth f October it shall be the duty of th weed 0 icial to inspect all areas of comp aint and n tify the last known owner or pers n in posses ion of the area of j violation of this article. Said notice shall i be by certi ied mail and al w ten (10) days after maili g of said notice as a period of j time to a iminate said viola ions. Return receipt w'th signature is not required for said no e. Upon failure of a owner or f person in possession or control t act within the pre cribed time period, the City may perform he required action and ass ss costs against the property for collectio in the ` same m nner as a property tax. In th event that t is action is taken, the weed o ficial may o tain competitive bids to have the requi ed action performed. If no bids are thus obtained, the City may have ity per nnel perform the required action at the foll wing rates, which rates shall constitute the osts to be assessed against the property as provided herein. These rates are as follows: I I i 716 141CAOf 1LMED BY `DORM MICR46LA13 .1 t CEDAR RAPIDS • DES MOINES � i Or( ^.nce No. Page 2 1. Tractor and sickle bar, $13/hr. 2. Rotary mower, $13/hr. \IV.REPE sh mower or weed eater, $7/hr. plus 3 r mile. nd labor, $4/hr. plus 304 per mil . rative costs for pr cessing, , and filing will be $15 per t. In ato the foregoing re edy and other remedd by law, the weed fficial may file misdeha ges against such ndividua1. SECTIREPE LER. i All ordinances and its of ordinances in conflict with the provision f th's ordinance are hereby repealed. If any section, pr ov' ion r part of the Ordinance shall be adjud ed t be invalid or unconstitutional/no h ajudi tion shall not affect the validity of Ordinan as a whole or any section, provisr part t ereof not adjudged invalid orunconti0nal. SECTION VI. EFFECTIVE DATE. This Ordinan a shall be in effect fter its final passage, ap royal and publication a required by law. Passed an/approved this i CITY CLERK Recoived & Approved ByrThe Legal Department 3 ^z� L f MICROFILMED BY 1' JORM MICR#LA13 CEDAR RAPIDS • DES MOIRES I I In It'was mo�•ed by , seconded by / tha the OrdinancB as read be a opt and upon roll call ere were: AYES NAYS: ABSENT: _ BALMER DICKSON ERDAHL LYNCH MCDONALD First consideration 4/1 F Vote for passage. Ayes: Neu Lynch, McDonald Nays: None Second consideration Vote forrRdssage: Date pq ished i NEUHAUSER PERREr Perret, Balmer, Dickson, ant: Erdahl. MICROFILMED BY , DORM- MICR¢LAB- CEDAR RAPIDS • DES MOINES _ 716 I L ISI CQi ILPgG B+ JORM MICROLAB LEDAH RAPIDS • DP. 'ADI7E J