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HomeMy WebLinkAbout1981-10-06 Ordinancea._ ORDINANCE NO. 81=3037 AN ORDINANCE VACATING SCOTT BOULEVARD RIGHT-OF-WAY LOCATED JUST SOUTH OF COURT STREET. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY: SECTION 1. That the Scott Boulevard right-of-way In Iowa Iowa, hereinafter described by Attachment A and incorporated by reference herein is hereby vacated for street purposes with existing utility easements maintained. SECTION 2. This ordinance shall be in full force and effect when published by law. s of orCtnances tnE confERct W.-rtheances and provisionpoftthis ordinance are hereby repealed. SECTION 4. 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 invalid or part thereof not adjudged unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as requir law. 81. Passed and approved t 'S th ly ATTEST: C TY C ERK r;,%e wd s >(:pmv :% ly -;%a �sl E7enartm>rrt �� MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES i� It was moved by Lynch and seconded by Vevera that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA First consideration xxxxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxxxx Vote for passage: Moved by Lynch, seconded by Vevera, 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 sus- pended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Lynch, Neuhauser, Perret, Roberts, Vevera, Balmer. Nays: Erdahl. Date of publication 10/14/81 I MICROFILMED BY JORM MICROLAB / CEDAR RAPIDS -DES MOINES /y64g E I 1 SCALE I"•100 i ATTACHMENT "A" ' ""oNinr ` 50. 4500 S NU -301S E 40005 `POINT OF ^ 14 BEGINNING �I NW13013 E I F POINT Or z BEGINNING V 132°27'40• 152`45'20• t 45 1539°K I W m DESCRIPTION OF SEIIER EASEIIENT m 0 o Commencing at an iron pin that marks the IIII Cor. of Sec. 18, T7911, RSH, of the 5th PAL, Johnson County, Iowa; thence 11880 30'13"E 50.00 Feet; thence S00043'39"E W 35.00 Feet to the point of beginning; thence 500043'39"E 135.00 Feet; thence 589016'21"11 45.00 Feet; thence H00043' 8 39"11134.39 Feet; thence 1188030'13"E IN 45.00 Feet to the point of beginning, said tract contains 0.14 acres more or less. 1145orlNB94$B I I"W DESCRIPTION OF TRACT TO BE CONVEYED' Beginning at an iron pin that marks the IIII corner of Section 18, T7911, 11511, of the 5th P.M., Johnson County, Iowa; thence 1188030'13"E 50.00 feet; thence 500043'39"E 35.00 feet to the point of beginning; thence S00043'39"E 710.07 feet; thence 1189020111"11 45.01 feet; thence NOD 4319"11 708.48 feet: thence 1188030'13"E 45.00 feet to the point of beginning said tract contains 0.73 acres more or less. I further certify that the plat as shown is a correct representation of the surve and all corners are marked as indicated. -7_?3-Er T�1�G ebe D. IlAcke Aeg. I 03 1 Suhs tbed ands,rn to before me this d3 By of _, 19, �. "4 NIp narytu c, In an or the State o tJCA o N, of CoLARRY U.NnA. l^yI'fl�Mh LVIA1S Ill15 0339.022 MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS -DES 140INES /Ivan Ja STAFF REPORT To: Planning & Zoning Commission Prepared by: Bruce Knight Item: V-8101. Vacation of Scott Blvd. Date: August 20, 1981 Right -of -Way GENERAL INFORMATION Applicant: Requested action: i i Purpose: Size: Existing land use and zoning: Surrounding lane use and zoning: Applicable regulations: ANALYSIS City of Iowa City Vacation of a portion of Scott Boulevard right-of-way south of Court Street. To allow for the relocation of Scott Boulevard to the east of said right-of- way. Approximately 45'x710' (see attached plat). Street right-of-way. North - street right-of-way. East - agricultural and RIA. South - street right-of-way. West - single family and RIA. Provisions of Chapter 364 of the Code of Iowa. This street vacation is being proposed to facilitate the relocation of Scott Boulevard approximately 400 feet to the east. The existing Scott Boulevard right-of-way is 100 feet wide. Due to its relocation, only a 55 foot right-of- way is needed at this location. Therefore, the City proposes to vacate and convey 45 feet of the existing right-of-way to Plum Grove Acres, as a consider- ation in the acquisition of a 100 foot wide strip of land to provide for Scott Boulevard relocated and a 70 foot strip of land to provide for the extension of Court Street. This will allow the construction of that street over the Ralston Creek south branch detention structure as shown on the Comprehensive Plan Land Use Map. Upon completion of the construction of Scott Boulevard Phase II (i.e. from Muscatine Avenue to Court Street) old Scott Boulevard will be renamed. As part of the above vacation, it is necessary for the City to retain an easement at the northern end of the subject street right-of-way. This is to provide for the sanitary and storm sewer lines which run through this part of the right-of- way. The proposed vacation should be subject to retaining the necessary easements as described on the attached survey. 1$166 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES .1 11�\ 1 2 1` RECOMMENDATION The staff recommends that the City vacate that portion of Scott Boulevard described on the attached plat subject to retaining the necessary easements for existing utilities. ATTACHMENTS I. Location map. 2. Survey of right-of-way to be vacated. Approved by: onald S meiser, Director Department of Planning and Program Development j MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES -L U)r-A- ION MA,? V - Slo 1 ... .. :. ••+ �.•� . ... qtr'^. to .. Y• i,. `.. •it1 .,1,.x•.1' •'.♦ �tv 4:'ilO. C `Ni. •.:'•L.:;: •r+ ........... .. `'. , Y �.�.• .. .. • iil: 4 t4 �, S•� .. t l.'CW!}4'rt k�`h�h �.ttV .. :(.. ... .... '•••.. .�v++♦♦ f ♦'♦ /j,.i�''�'� V+.it ♦��' t tr•G iirt'l ..• .. ... ••L •1..t�4'�• • • ♦ + + .. �"t u kt .� aim .}� C�• }grit • ... . • • t� t t � • ♦ ♦ ♦ ♦ ♦ ♦ u Cv,•4.V.it:'�'?�"t' "�� '•� �'•..: • t ttit'4: Vit•' • f ♦ ♦ f ♦ } + + Pic44T- cc-- Stu :. CC IT �.• +VACAnoKl w�,.. ...... • •• .4T {{ }:4♦ • .• LT2:•..:;a• ' .: a4. .•• ... ,..� a "494♦ irate ••• 11' (�.+ +•+♦+♦+♦+ • q f ♦ + ♦ • ♦•�♦ •� ♦ + f + • • • ` , ♦ + ♦ 1 • • 1 V: V1L • ♦ + ♦ ♦ ♦ + • • • •F1 + + + I { + •YID ♦ ♦ ♦ ♦ ♦ ♦ • ♦ ♦ ♦ ♦ ♦ + ♦ ♦ ♦ + ,+♦+, w4y.. tC�4. • . • yam• •'t • /f/6E MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES V,_ . L' ",„PIIIIIIIRIIyII F¢1 7036 2i_ Ne9^ze'n'w DESCRIPTION OF TRACT TO BE CONVEYED' ' Beginning at an iron pin that marks the 1111 corner of Section 18, T79N, R511, of the 5th P.M., Johnson County, Iowa; thence 1188030113"E 50.00 feet; thence S00043'39"E 35.00 feet to the point of beginning; thence S00043'39"E 710.07 feet; thence 1189028'11"11 45.01 feet; thence NOD 43'391111 708.48 feet: thence 1188030'13"E 45.00 feet to the point of beginning said tract contains 0.73 acres more or less. I further certify that the plat as shown is a correct representation of the survey and —all corners are marked as indicated. ROBCHi D, MILKLLsaNi Reg. Ilo. '0366 Date Subscribed and sworn to before me this. 23`9 day of A, 19 8 ( .,( URRTR.SLMHN TT: iR �jL( 4_� N1 MlUp"WS,X.IS11� 110 ar u Tic, in And or the State o Iowa 22^^ --ii.• ,,, x339-022 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES Mee ""'�i7 EXHIBIT "B" 50004' NBS'30'13"E 50 - h 45A0NBS°3015 E 400.03 0 C POINT BEGINNING w N b W e NSB°30m E Z i}3t POINT Or g B-GINNIK i 4 A 132°27'40' 132°43'20' ' SCALE 1"T 100' 45 89°Ifi 'W r DESCRIPTION OF SERER EASEIIENT R." — Commencing at an iron pin that marks the U11 Lor. of Sec. IB, T79N, 115N, of the 5th P.M., Johnson County, Iowa; thence 11880 30'13"E 50.00 Feet; thence 500043'39"E o w 35.00 Feet to the point of beginning; 01 thence 500043139"E 135.00 Feet; thence A .� S89016'21"II 45.00 Feet; thence 11000431 8 39'91 134.39 Feet;* thence 1188030113"E .. A 45.00 Feet to the point of beginning, said tract contains 0.14 acres more or less. ",„PIIIIIIIRIIyII F¢1 7036 2i_ Ne9^ze'n'w DESCRIPTION OF TRACT TO BE CONVEYED' ' Beginning at an iron pin that marks the 1111 corner of Section 18, T79N, R511, of the 5th P.M., Johnson County, Iowa; thence 1188030113"E 50.00 feet; thence S00043'39"E 35.00 feet to the point of beginning; thence S00043'39"E 710.07 feet; thence 1189028'11"11 45.01 feet; thence NOD 43'391111 708.48 feet: thence 1188030'13"E 45.00 feet to the point of beginning said tract contains 0.73 acres more or less. I further certify that the plat as shown is a correct representation of the survey and —all corners are marked as indicated. ROBCHi D, MILKLLsaNi Reg. Ilo. '0366 Date Subscribed and sworn to before me this. 23`9 day of A, 19 8 ( .,( URRTR.SLMHN TT: iR �jL( 4_� N1 MlUp"WS,X.IS11� 110 ar u Tic, in And or the State o Iowa 22^^ --ii.• ,,, x339-022 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES Mee ""'�i7 ' ORDINANCE NO. 81-3038 AN ORDINANCE AMENDING A PRELIMINARY AND FINAL PLANNED AREA DEVELOPMENT PLAN FOR ORCHARD COURT. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION 1. PURPOSE. The Purpose of this Ordinance is to approve an amended planned area development in the City of Iowa City, Iowa, pursuant to Ordinance No. 2446. This planned area development was first established by Ordinance No. 76-2819. SECTION 2. APPROVAL. Lots 1, 2, 3, 4, 5, 6, 7 and 8, Orchard Court Subdivision, Iowa City, Iowa, as recorded in Book 16, Page 29 of the Johnson County, Iowa, Recorder's Office are hereby approved as a planned area development in the City of Iowa City, Iowa, to be developed as set forth in the amended plans for said area filed in the Office of the City Clerk of Iowa City, Iowa, on the 27th day of August, 1981. SECTION 3. BUILDING PERMITS. The Building Inspector is hereby authorized and directed to issue all building and construction permits for .. said area on the basis of conformance with said amended plan. SECTION 4. FILING. The City Clerk of Iowa City is hereby authorized and directed to file with the Office of the County Recorder, Johnson County, Iowa, a copy of this Ordinance after its final passage, approval and publication as provided by law. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. i Passed and approved this 6th day of October , 1981. ATTEST: � CITY CLERK /e176 I MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOVIES N J� It was moved by Perret 'and seconded by Vevera that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA First consideration xxxxxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxxxxx Vote for passage: Moved by Perret, seconded by Neuhauser, 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: Perret, Roberts, Vevera, Balmer, Erdahl, Lynch, Neuhauser. Nays: None. Date of publication 10/14/81 Received & Approved By The legal Department %-,z el --S'/ IV70 _I j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 140INES i .t a — __1 — I ,u r- STAFF REPORT Planning and Zoning Commission September 16, 1976 SUBJECT: S-7625. Preliminary and final Planned Area Development plan and preliminary plat of Orchard Court located west of Orchard Street extended northerly and south of the CRISP Railroad; date filed: 8/18/76; 45 -day limitation: 10/2/76. STAFF The subject 2.66 acre tract is zoned ANALYSIS: RIB and located immediately west of Hartwig Motors Inc. and north and east of single family dwellings on Orchard Street and single family dwellings on Giblin Drive which rear upon the tract, respectively. Alvin F. Streb and Mary Joan Streb have submitted a proposed development plan and plat for a mixture of single family, two family and multiple family dwellings on separate lots at an overall average density minus street area of approximately 6000 square feet per unit which is the minimum lot size requirement in the RIB Zone. There are two very obvious constraints in the development of the property for residential use under the existing zoning -- Hartwig Motors and the railroad which abut the property on two sides. Duplexes and apartment buildings under these circumstances would be more salable than would single family dwellings. And, it can be assumed,•there will be fewer residents exposed to these adverse conditions considering the average family size of duplexes and apartments vs. single family dwellings. Perhaps the question is whether the property should be developed for some nonresidential use. With residential development existing on two sides of the tract, however, a nonresidential use, except for a park, would only perpetuate an already existing undesirable living environment. The Staff is inclined to believe that the proposed use of the land is the most acceptable but that every attempt should be made to buffer the existing adverse effects upon the property. The Planning and Engineering Divisions have reviewed the subject combined plan and plat and suggest that the following changes be incorporated in the development plan: 1. The average density calculations (total area -street area) - units = square feet/unit, should be shown on the plan. The staff actually calculated only 5,976 square feet per unit which is less than permitted (area of the street should be calculated via latitudesand departures). 2. Although heavy natural vegetation currently exists along the railroad, additional evergreen trees should be planted for winter screening. 3. Additional right-of-way for a uniform extension of Orchard Street should be indicated. 4. The current status of an alley south of the tract should be indicated public or private. M70 MICROFILMED BY ' JORM MICROLAB CEDAR RAPIDS -DES MOINES V, - L'. S, p signed statement generally describing the proposed development and ded time schedule should be submitted. setting forth an inten 6, Two sets of elevation plans had been submitted for the multi -family The Staff was not certain which are not one was indicated. apartment buildings. and proposed building proposed. Heights of existing preliminary 7. Although request is made for considelet1Ocombined of a an application was not and final PAD plan and preliminary p paid for a preliminary Plat. g. Fire hydrants should be located persuant to the Fire Chief's recommendations 9. A typical cross section of parking areas and roadways should be included. It is the Staff's recommendation that and STAFF consideration of the subjectP lan RECOMMENDATION: plat be deferred until revisions incorporating all above items are made. Upon consideration of the PAD plan, it is the Staff's further recommendation that variances be granted in the following: ublic street, house to Orchard Court. AS a P possible. perhaps 1. The setback of the existing s the most functional manner Orchard Court is located in P P since a common driveway is Z. The frontage requirement of Lots 6 and 7, being provided to both lots. j MICROFILMED BY !JORM MICROLAB CEDAR RAPIDS•DES MOINES i r MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES _. VP(f-42) 1117° City of Iowa C it -v RhERAORANUUM r,== DATE: March 16, 1977 TO: St•reb orchard' Court Subdivision Fi lem FROM: Eugene A. Dietz, City Engineer RE: Storm Water Management. ' A st 18 This PAD and subdivision first entered the City•procedures ugu , 1976.. .The Planning and'Zoning Commission'approved the preliminary and final PAD and Sub .divis"Loh on September 16, 1976. For various reasons, and primarily•due'to the question of Storm Water Management, the only approval by Council.to date was' for the preliminary and final PAD on October 26, 1976. The preliminary: and final plat of the subdivision has been delayed pending resolution ori.the question of storm water•management. The Storm Water Management Ordinance became'e£fective on November 6, 1976. This date was set to enable all sub divisions that were within the City process for approval to be passed without the requirement of storm water management. Although the•.criferia to be observed when •not requiring storm water management dealt with approval of a pre- liminary plat by Council prior to the effective date- of the ordinance, it seems apparent that had there not been several unfortunate delays, .the final plat could have been approved by Council during the time span of September 10 to November 6. The site of the proposed'subdivisi.on is approximately five to six hundred feet from the nearest storm sewer in the area. In order to provide• complete storm water management as provided•in the ordinance, it will be necessary to t' storm sewer, to this site which would entail'c a necessary g Benton Street'for'_the connection.• Although this disruption•to'traffic flow ori Benton would be of a short duration, it would be an undesirable procedure considering the minimal benefits obtainable with storm water management for the subdivision. Actually, the subdivision is one of the -last vacant parcels to be developed in the vicinity, and its overall affect on storm water problems in the area should be negligible. . Due to the size of the development, the fact that it is the last parcel in t}ie watershed area to be developed, and the inaccessibility of the storm sewer facilities to provide -feasible storm water storage, and in consideration of the time factors listed above.it.is my decisio to waive the requirements of storm water management based on Section 8, Part A of Ordinance 76-2807 which states in part "where it can be demonstrated by the develoPer that a higher storm water release rate will not be contrary .to the purpose and intent of this ordinance, and where such proposed release rate will not adversely affect the properties in the downstream portion of the watershed,`..' the director (or.•his designate) may permit sbch release rate to be used as deemed appropriate'." In this situation, an unrestricted. release rate is being MW MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40INES Streb Orchard File/Dietz Storm Water Management March 16, 1977 Page 2 permitted. Although the increased release rate is being permitted, it is not the intention of this decision to waive the requirements of -erosion control. For general information, my letter to MMS Consultants, dated January 19, 1977 should be disregarded. The provisions of the storm water management ordinance allowing review by the Housing Board of Appeals is primarily for review of the Director's (or his designate) interpretation of the ordinance itself. It would seem apparent that the ordinance does not allow for variances unless it can be demonstrated that- the release rate will not cause downstream damage as per Section 8 of the Storm Water Management Ordinance cc: Don Schmeiser✓ MMS Consultants I00 j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES .-. PRc�IrfIrJ131LY ci'IrJRf— PIi'Jl PU4h% fit=CFlf��� coop r S06j) _b(or) 'A/16/'76 Q C.2.I. C 6" 1 - z"", ", i MICROFILMED DY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES i � p t AI ON J My; ASO' �. / :' Vt'•q 1 ,.M�•�1•a n�, , l STAFF REPORT To: Planning and Zoning Commission Prepared by: Marianne Milkman Item: S-8113. Orchard Court Date: August 28, 1981 Subdivision GENERAL INFORMATION: Applicant: N 1 Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Applicable Regulations: 45 -Day Limitation: SPECIAL INFORMATION Public Utilities: Public Services: Transportation: e son J. Logan 1605 W. Benton Iowa City, Iowa 52240 Approval of amended preliminary and final PAD plan. 8 -lot residential single- and multi -family subdivision. South of CRI & P tracks and west of Orchard Street extended northerly. 2.68 acres Vacant and one single family dwelling, RIB. North - CRI & P railroad tracks. East - Hartwig Motors, Inc. South - single family residential West - single family residential x Area designation is for residential use at 2 to 8 DU/acre. Requirements of PAD, LSRD and subdivision codes, and storm water management ordinance. October 2, 1981 Sanitary sewer and water are available. Police and fire protection are provided by Iowa City. Vehicular access is via Orchard Street. Bus service is available at West Benton and Riverside Drive. I MICROFILMED BY 'JORM MICROLAB -CEDAR RAPIDS•DES MOINES /y7a X 7 Physical Characteristics: Gently sloping. Dense vegetation (trees and shrubs) surround the tract. ANALYSIS: Background. The staff report of 9/16/76 indicated that duplexes and apartment dwellings would be an appropriate and acceptable use for this area which separates commercial and single family residential developments. (Staff report is attached.) The preliminary and final PAD and subdivision of Orchard Court was originally approved by the Planning and Zoning Commission on 9/16/76. Final Council approval of the prelimary and final PAD was on 11/9/76. According to a memo from City Engineer Eugene Dietz dated 3/16/77 (attached), Storm Water Management requirements were waived for the subdivision for a variety of reasons. Changes in the amended PAD. The basic change in the PAD is in the number and size of buildings and parking areas to be constructed. The original PAD proposed 5 duplexes, 2 triplexes and 1 existing single family dwelling for a total of 17 units. Four parking areas contained 4, 8, 8, and 10 parking spaces respectively. The amended PAD proposes 4 four-plex, two story units and one existing single family dwelling, also resulting in 17 units. Two parking lots with 12 spaces each are planned. Three of the buildings and both parking lots straddle two lots. As stated in the staff report dated 9/16/76, there are some obvious constraints to the development of this property, namely the railroad tracks to the north and Hartwig Motors storage lot (where lights are on all night) to the east. Single family dwellings are located to the west and south. As a result, this small, approximately 2h acre tract can appropriately provide a transition between the single family and commercial uses. Whereas four-plexes and larger parking areas give the area more of a multi -family appearance (as compared to duplexes and triplexes) in relation to the single family areas, this adverse effect can be mitigated by appropriate buffering with existing and planned vegetation. The total number of units planned remains the same, and the single access road will not adversely affect or disrupt the single family areas. Due to the location of the access road and the trees surrounding it, the tract is isolated from the single family residential areas. Planting of additional evergreens as proposed on both the original and the amended PAD's on the east boundary should, together with existing trees and shrubs, provide adequate buffering of the Hartwig lot. The City Engineering staff concur with the 1977 decision to waive Storm Water Management requirements. RECOMMENDATIONS: Staff recommends approval of the amended preliminary and final PAD plan for Orchard Court subdivision with the waiving of Storm Water Management requirements. /V170 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 3 ATTACHMENTS: 1. Staff report 9/16/76. 2. Memo from City Engineer 3/16/77. 3. Amended subdivision plan. 4. Plan of original subdivision. Approved by: Do Schmei er, Director Department of Planning & Program Development MICROFILMED BY IJORM MICROLAB / CEDAR RAPIDS -DES -MOINES ORDINANCE NO. 81-3039 AN ORDINANCE CHANGING THE NAME OF A PORTION OF FOSTER ROAD TO ST. ANNE'S DRIVE. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. PURPOSE. That the portion of Foster Road which extends 480 feet west of the existing St. Anne's Drive be renamed St. Anne's Drive. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III. 'SEVERABILITY. If any section, provision or part of the Ordinance shall be i 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 IV. EFFECTIVE DATE. This Ordinance shall �• be in effect after its final passage, approval and publication as required by law. Passed and approved this 6th day of October, 1981. I � vj� MAYOR ATTEST: C TY CLE flu 'rLe U-,;gl Ld.//iLLW MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MINES I" - F J It was moved by Erdahl and seconded by Perret be adapted and upon roll call there were: that the Ordinance as read AYES: NAYS: ABSENT: BALMER x ERDAHL X. LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x - First consideration xxxxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxx�xxxxxx iVote for passage: Moved by Erdahl, 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 sus- pended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Erdahl, Lynch, Neuhauser, iPerret, Roberts, Vevera, Balmer. Nays: None. Date of publication 10/1_ 4/81 /U73 I MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 1. �.... a PeOPo�SED STeEeT NAME GH,6,W e from t:osTEF_ mAr,> to SC ANN'S D21VE A25A Cr I \ NorTD SCA,LS 9181 OS l5 VPIvE i I MICROFILMED BY !JORM MICRO_ LAB CEDAR RAPIDS -DES 1401NES 0 C. V_ j, ORDINANCE NO. 81-3040 ORDINANCE AMENDING SECTION 23-21 (b)(1)b. OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. SECTION 1. PURPOSE. The purpose of this amendment is to amend the notice provisions for impoundment of vehicles for accumulated parking violations. SECTION 2. AMENDMENT. Section 23-21 (b)(1)b. of the Code of Ordinances is hereby amended by deleting said section and replacing it with the following paragraph: Notice shall constitute the following: Written notification by first class mail stating the license number of t',a vehicle at issue; the owner's name; a brief description of the parking tickets issued to such vehicle; that the owner has the•right to request an administrative hearing before impoundment if such request is made within ten (10) days of the mailing date of the notice; that the hearing shall be as to the merits of whether to impound such motor vehicle for unpaid parking violations; that failure to request a hearing in a timely fashion or failure to appear at such hearing constitutes a waiver to an opportunity for hearing; and that the owner shall be responsible for all charges and costs incurred in impounding such vehicles. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provlslon 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 . EFFECTIVE DATE. This Ordinance shall be In eff5ect after its final passage, approval and publication as required by law. Passed and approved this 6th day of October, 1981. ATTEST: MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1500 r. It was moved by Neuhauserand seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA First consideration xxxxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxxxx Vote for passage: Received & Approved By The Legal Department Moved by Neuhauser, seconded by Perret, that the rule requiring ordinances to be considered and voted on for passage at two Council meetingsprior to the hmeeting at which it is to be finally p Pen the first and second consideration and 'vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Roberts, Vevera, Balmer, Erdahl, Lynch, Neuhauser, Perret. Nays: None. Date of publication 10/14/11 MICROFILMED BY ' JORM MICROLAB CEDAR RAPIDS -DES MOINES L,. 1500 i i