HomeMy WebLinkAbout2002-11-18 Ordinance Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319o356o5240 (VAC02-0005)
ORDINANCE NO.
AN ORDINANCE TO VACATE THE NORTHERN TWO FEET OF BENTON STREET BEGINNING 60
FEET EAST OF GILBERT STREET AND ENDING AT MAIDEN LANE.
WHEREAS, the applicant, Kathleen Steve, has requested the vacation of the northern two feet of Benton Street
beginning 60 feet east of Gilbert Street and ending at Maiden Lane; and
WHEREAS, this podion of Benton Street is not needed for public street purposes; and
WHEREAS, the vacation of this right-of-way will a11ow the applicant to increase the size of her property and
therefore accommodate additional parking spaces; and
WHEREAS, the Planning and Zoning Commission has reviewed and recommended approval of this requested
right-of-way vacation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
~. The City of Iowa City hereby vacates the right-of-way legaIly described as follows:
Commencing at the Southwest Corner of Lot 4, Block 29, County Seat Addition, in accordance with the
Recorded Plat thereof; Thence N90°00'00"E, along the South line of said Lot 4, a distance of 66.48
feet, to the Point of Beginning; Thence continuing N90°00'00"E, along said South line, 100.31 feet;
Thence S00°17'50"E, 2.00 feet; Thence N90°00'00"W, 100.29 feet; Thence N00°49'15"E, 2.00 feet, to
the Point of Beginning. Said parcel contains 201 square feet, and is subject to easements and
restrictions of record.
~. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance
are hereby repealed.
SECTION IIII 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, prevision
or part thereof not adjudged invalid or unconstitutional.
SECTION IV FFFECTIVE DATF This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of ,20
MAYOR
ATTEST:
CITY CLERK
Approved by
Ci(y~{t~h'~y's O~ceTM
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
First Consideration 11/5/02
Voteforpassage: AYES: Kanne~-, Lehman, 0'Donnel], Pfab, Vanden'hoer, t~'i]bu~-n,
Champion. NAYS: None. ABSENT: None.
Second Consideration 11/18/02
Voteforpassage: AYES: Champion, Kanner, Lehman, 0'Donne'll, Wi'lbu~-n. NAYS:None.
ABSENT: Vander'hoef, Pfab.
Date published
Prepared by: Susan Dulek, Asst. City Attomey, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT
CODE," CHAPTER 6, ENTITLED "ZONING," ARTICLE U, ENTITLED
"ADMINISTRATION AND ENFORCEMENT," SECTION 7, ENTITLED "VIOLATIONS '
AND PENALTIES" TO INCREASE THE MUNICIPAL INFRACTION CIVIL FINES FOR
VIOLATING THE ZONING CODE.
WHEREAS, Resolution 01-353 established a Neighborhood Housing Relations Task Fome
(hereinafter 'q'ask Force") to fulfill the goal of improving peaceful habitation in Iowa City and
appointed eleven individuals representing the interests of tenants, landlords, and
neighborhoods to serve on the Task Force;
WHEREAS, the Task Force met fifteen (15) times between November 7, 2001 and May 22,
2002;
WHEREAS, the Task Force held one public forum to elicit comments from the public on its
proposals;
WHEREAS, the Task Force submitted its "Proposed Initiatives/Report of Task Force"
(hereinafter "the Report") to the City Council on June 27, 2002;
WHEREAS, in addition to proposals to amend policy, the Report recommends code
amendments to increase the fines for municipal infractions for nuisances and other code
violations that impact on neighborhoods;
WHEREAS, on October 7, 2002, City Council passed Ordinance No. 02-2044 that
increased the municipal infraction penalties for violation of nuisance provisions, the building
code, the housing code, the electrical code, the plumbing code, the mechanical code, the fire
code, and public utilities' use of the right-of-way provisions to $250 for first offense, $500 for
second offense, and $750 for third offense;
WHEREAS, the Plan and Zoning Commission recommends increasing said fines for
violation of the zoning code;
WHEREAS, in order to enhance deterrence zoning code violations, the fines for municipal
infractions involving the Zoning Code should be increased; and
WHEREAS, it is in the public interest to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY,
IOWA:
SECTION I. AMENDMENT.
Title 14, entitled "Unified Development Code," Chapter 5, entitled "Zoning Code," Article U,
entitled "Administration and Enforcement," Section 7, entitled "Administration and
Enforcement," Subsection ^ is deleted in its entirety and a new Subsection A is added
which reads as follows:
Violation of this Chapter shall be a municipal infraction punishable by a penalty as
provided for in Title 1, Chapter 4, Section 2, Subsection D.
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
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 unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Ordinance No.
Page 2
Passed and approved this day of ,2002.
MAYOR
A'FI'EST:
CITY CLERK
City Attorney's Office
SUe/ord &res~lTF(~rdZoning,doc
Ordinance No.
Page.
It was moved by and seconded by that the Ordinance
as mad be adopted, and upon roll call them were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 11/18/02
Vote for passage: AYES : Lehman, 0'Donnell, Pfab, Wilburn, Champion. NAYS: Kanner.
ABSENT: Vanderhoef.
Second Consideration
Vote for passage:
Date published