HomeMy WebLinkAbout2008-09-09 OrdinanceL
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
ORDINANCE NO.
AN ORDINANCE AMENDING THE CONDITIONAL ZONING AGREEMENT TO MODIFY THE
CONCEPT SITE PLAN FOR APPROXIMATELY 25.16- ACRES OF PROPERTY IN THE
COMMUNITY COMMERCIAL (CC-2) ZONE FOR WESTPORT PLAZA INCLUDING WAL-MART
AT 855, 911 8~ 1001 HIGHWAY 1 WEST. (REZ08-00006)
WHEREAS, on June 13, 1989, the City adopted an ordinance rezoning from Industrial, I-1, to
Commercial, CC-2, approximately 28.084 acres of land known as Westport Plaza located South of
Highway 1 West; and
WHEREAS, on June 13, 1989, the Joseph Company and the City entered into a Conditional
Zoning Agreement which established certain conditions and restrictions on the said 28.084 acres and
incorporated a Concept Site Plan to which the developer was to have substantially complied; and
WHEREAS, said land is considered to be a major entranceway to the City; and
WHEREAS, Wal-Mart owns or is under contract to purchase approximately 25.16 acres of the
28.084 acres and now desires to redevelop the 25.16 acres in a manner that is inconsistent with the 1989
Conditional Zoning Agreement and incorporated Concept Site Plan; and
WHEREAS, Wal-Mart has requested the 1989 Conditional Zoning Agreement be amended to
allow for greater flexibility in the redevelopment of this site, including the use of a new Concept Site Plan.
Landscaping Plan and building design; and
WHEREAS, the City has a policy of preserving and enhancing the entranceways to Iowa City; and
WHEREAS, the Planning and Zoning Commission has recommended approval of rezoning this
land to permit the parties to enter into the attached Conditional Zoning Agreement, which contains a new
Concept Site Plan and Landscaping plan, as well as reasonable conditions to ensure that the property
develops in a manner consistent with the Comprehensive Plan and satisfies public needs caused by the
requested change; and
WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the owners of said 25.16 acres agree that the property shall be developed in accordance
with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate
development in this area of the city.
WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning
Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. The Conditional Zoning Agreement, attached and incorporated herein, is
hereby approved for the property described below:
Wal-Mart Parcel
Lot 1 Of Final Plat Westport Plaza, Iowa City, Iowa, In Section 16, Township 79 North, Range 6,
West Of The Fifth Principal Meridian, In Johnson County, As Per Plat Of Subdivision Filed In
Book 32, Page 289.
Staples Parcel:
Lot 2 Of a Resubdivision Of Lot 2, Westport Plaza, Iowa City, Iowa, In Johnson County, Iowa,
According To The Plat Of The Resubdivision Recorded In Book 37, Page 264, Plat Records Of
Johnson County, Iowa.
SuoerValu Parcel:
Lot 1 Of A Resubdivision Of Lot 2, Westport Plaza, Iowa City, Iowa, According To The Plat Of
The Resubdivision Recorded In Book 37, Page 264, Plat Records Of Johnson County, Iowa;
Excepting Therefrom; Commencing At The Southeast Corner Of The Westport Plaza, Iowa City,
Johnson County, Iowa, In Accordance With The Plat Recorded In Plat Book 32 At Page 289, Of
Ordinance No.
Page 2
The Records Of The Johnson County Recorder's Office; Thence North 00 Degrees, 51 Minutes
23 Seconds East, Along The East Line Of Said Westport Plaza, 854.05 Feet To The Point Of
Beginning; Thence North 38 Degrees 29 Minutes 03 Seconds West, 94.65 Feet, To A Point On
The North Line Of Said Westport Plaza; Thence South 89 Degrees 08 Minutes 37 Seconds East,
Along Said North Line, 60.00 Feet; Thence South 00 Degrees 51 Minutes 23 Seconds West,
Along The West Line Of Said Westport Plaza, 73.20 Feet, To Said Point Of Beginning.
SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to
certify a copy of this ordinance and the Amendment to Conditional Zoning Agreement and record the same
in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. 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 VII. EFFECTIVE DATE. 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
App ed by
~f
City Attorney's Office ~/~~ r7~
Pcc/data/staffreports/rez08-0006-ord
Ordinance No.
Page
It was moved by and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 8/26/2008
Vote for passage: AYES: Champion, Correia,
NAYS: Wright. ABSENT: None.
Second Consideration 9/9/2008
Vote for passage: AYES: Champion, Correia,
NAYS: Wright. ABSENT: None.
Date published
that the Ordinance
Hayek, O'Donnell, Wilburn, Bailey.
Hayek, O'Donnell, Wilburn, Bailey.
Prepared by and Return to: Saga F. Greenwood Hektoen, Asst. City Attomey, 410 E. Washington St, Iowa City, IA 53240, 13 1 9133 1-5030
CONDITIONAL ZONING AGREEMENT
THIS CONDITIONAL ZONING AGREEMENT (this "Agreement") is made among the City of
Iowa City, Iowa, a municipal corporation (hereinafter "City"), Wal-Mart Realty Company, an
Arkansas corporation, Wal-Mart Real Estate Business Trust, a Delaware business trust and Wal-
Mart Stores, Inc., a Delaware corporation (collectively, "Wal-Mart"), SUPERVALU INC., a
Delaware corporation, successor to RSI-Supervalu Inc., a Delaware corporation ("Supervalu"),
and Staples The Office Superstore, East Inc., a Delaware corporation ("Staples") (hereinafter,
collectively, Wal-Mart, Supervalu and Staples, "Owners").
WHEREAS, on June 13, 1989, the City adopted an ordinance rezoning from Industrial, I-l, to
Commercial, CC-2, approximately 28.084 acres of land located South of Highway I West; and
WHEREAS, on June 13, 1989, the Joseph Company and the City entered into a Conditional
Zoning Agreement (the "1989 CZA") which established certain conditions and restrictions on the
owner of said 28.084 acres; and
WHEREAS, the 1989 CZA was amended on September 24, 1996 (as so amended, the "1989
CZA, as amended"); and
WHEREAS, the 1989 CZA, as amended, is a covenant running with the land and inures to the
benefit of all successors and assigns of the property burdened thereby; and
WHEREAS, Wal-Mart owns approximately 13.75 acres (the "Wal-Mart Parcel") and has the
right to purchase approximately 11.41 acres of the original 28.084 acres of the property
burdened by the 1989 CZA, as amended, and now desires to redevelop said 25.16 acres (the
"Property"), which is considered to be major entrance to Iowa City; and
WHEREAS, the City has a policy to preserve and enhance the entranceways to Iowa City; and
WHEREAS, Wal-Mart has submitted a Concept Site Plan to the City that materially varies from
the terms set forth in the 1989 CZA, as amended, and has thus requested the 1989 CZA, as
amended, be modified by replacing it with this Agreement with respect to the Property; and
WHEREAS, the Planning and Zoning Commission has recommended approval of such
modification subject to conditions related to ensuring that the Property is developed in a manner
consistent with the City's Comprehensive Plan as it exists as of the date of this Agreement and
compatible with the adjacent neighborhood, paying particular attention to the aesthetics and
landscaping of this site which serves as a major entranceway to the City;
WHEREAS, Iowa Code Section 414.5 (2007) provides that the City may impose reasonable
conditions when land is rezoned over and above existing regulations in order to satisfy the public
needs directly caused by the requested change; and
4823-44350938.8
WHEREAS, Owners acknowledge that certain conditions and restrictions are reasonable to
ensure that the Property is developed in a manner consistent with the Comprehensive Plan and is
compatible with the adjacent neighborhood;
WHEREAS, Owners agree to use the Property in accordance with the terms and conditions of
this Agreement;
THEREFORE, it is agreed as follows:
1. This Agreement hereby replaces and supersedes the 1989 CZA, as amended, with respect
to the land legally described in Paragraph 2 herein.
2. Owners are the title holder of the land legally described as follows:
Wal-Mart Parcel:
Lot 1 Of Final Plat Westport Plaza, Iowa City, Iowa; In Section 16, Township 79 North,
Range 6, West Of The Fifth Principal Meridian, In Johnson County, As Per Plat Of
Subdivision Filed In Book 32, Page 289.
Staples Parcel:
Lot 2 Of a Resubdivision Of Lot 2, Westport Plaza, Iowa City, Iowa, In Johnson County,
Iowa, According To The Plat Of The Resubdivision Recorded In Book 37, Page 264, Plat
Records Of Johnson County, Iowa.
SuperValu Parcel:
Lot 1 Of A Resubdivision Of Lot 2, Westport Plaza, Iowa City, Iowa, According To The
Plat Of The Resubdivision Recorded In Book 37, Page 264, Plat Records Of Johnson
County, Iowa; Excepting Therefrom; Commencing At The Southeast Corner Of The
Westport Plaza, Iowa City, Johnson County, Iowa, In Accordance With The Plat
Recorded In Plat Book 32 At Page 289, Of The Records Of The Johnson County
Recorder's Office; Thence North 00 Degrees, 51 Minutes 23 Seconds East, Along The
East Line Of Said Westport Plaza, 854.05 Feet To The Point Of Beginning; Thence
North 38 Degrees 29 Minutes 03 Seconds West, 94.65 Feet, To A Point On The North
Line Of Said Westport Plaza; Thence South 89 Degrees 08 Minutes 37 Seconds East,
Along Said North Line, 60.00 Feet; Thence South 00 Degrees 51 Minutes 23 Seconds
West, Along The West Line Of Said Westport Plaza, 73.20 Feet, To Said Point Of
Beginning.
3. The parties acknowledge that the City has a policy, as stated in the Comprehensive Plan,
to preserve and enhance the entranceways to Iowa City and to take special care with
regard to the site design of commercial establishments, including landscaping to soften
the impact of the structures and lessen the effect of large parking lots. Owners agree and
acknowledge this policy is reasonable, proper and appropriate under the circumstances;
4823435-9938.8
4. The parties agree that Highway 1 West is a major entranceway to Iowa City from the
southwest. Wal-Mart acknowledges the City's policy concerning entranceways governs
this rezoning request, therefore Wal-Mart agrees to provide certain amenities over and
above City regulations in order to lessen the impact on the surrounding area and enhance
the development of the entranceway to the City, said amenities are more particularly
described below;
5. The development will substantially conform to the Concept Site Plan (including the
building elevations) (the "Concept Site Plan") and Landscaping Plan dated July 3, 2008,
attached and by this reference incorporated herein (collectively, the "Plans"), particularly
with regard to the building location and orientation, the square footage of greenspace, the
storefront landscaping, facade design, and the configuration of parking spaces. In
addition to the site development standards set forth in the Iowa City Code of Ordinances,
Wal-Mart agrees and acknowledges that:
a. The three internal landscaped median aisles running the length of the parking lot,
but not containing a sidewalk, shall have a minimum width of nine (9) feet;
b. Wal-Mart shall cooperate with the City to locate a public bus stop and/or shelter
on the site and Wal-Mart shall, in its discretion, either relocate the shelter
currently located on the Wal-Mart Parcel to the new location agreed-upon with
the City at Wal-Mart's expense or shall acquire and install or construct a new
shelter, at Wal-Mart's expense, of a quality and design at least equal to the bus
shelter currently located on the Wal-Mart Parcel, and subject to terms and
conditions to be agreed upon in writing by Wal-Mart and the City Manager as the
representative of the City;
c. Three free-standing signs shall be permitted to be located as shown on the
Concept Site Plan;
d. The Property may be re-developed in two phases. Phase I shall include the
demolition of the existing Cub Foods and Staples buildings, construction of the
new Wal-Mart store, and installation of all improvements on land not currently
occupied by the existing Wal-Mart Store. Phase II shall consist of demolition of
the existing Wal-Mart and installation of the final site improvements;
e. Upon completion of Phase I in conformance with all applicable City
requirements, the City shall issue a temporary certificate of occupancy valid for
120 days. If Phase II has not been completed upon the expiration of the temporary
certificate of occupancy, said certificate may be extended if the Applicant has
shown good faith efforts to begin Phase II;
f. Upon completion of Phase II in conformance with all applicable City
requirements, the City shall issue a certificate of occupancy;
g. Wal-Mart delivery traffic shall be directed to enter and exit the site from Ruppert
Road.
6. The Plans attached may be modified within the general parameters of the Plans, such as
structural dimensions and tree species. Any modifications departing from the Plans must
and shall be subject to staff review and approval. Nothing in this Agreement shall be
4823-4435-9938.8
construed to require Owners to conform to the Plans in every detail, as the Plans are
intended as conceptual in nature. Neither party may intentionally digress from the Plans
for any arbitrary reason.
7. Owners and the City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2007), and that said
conditions satisfy public needs that are directly caused by the requested rezoning.
8. Owners and the City acknowledge that in the event the Property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this
Agreement.
9. The parties acknowledge that this Agreement shall be deemed effective upon recording,
which shall occur upon adoption and publication of the Ordinance and the parties further
acknowledge that this Agreement shall be deemed to be a covenant running with the land
and with title to the land, and shall remain in full force and effect as a covenant with title
to the land, unless or until released of record by the City. In the event Wal-Mart does not
pick up and pay for the building permit for the construction of the Wal-Mart supercenter
structure contemplated on the Concept Site Plan within two (2) years from the date of
Council approval of the Ordinance, this Agreement and corresponding Ordinance shall
automatically be released and repealed two years from the date of Council approval of the
Ordinance. In the event of such release and repeal, the Property shall continue to be
subject to and burdened by the 1989 CZA, as amended.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
l0.Owners acknowledge that nothing in this Agreement shall be construed to relieve them
from complying with all other applicable local, state, and federal regulations.
11. The parties agree that this Agreement shall be incorporated by reference into the
ordinance approving this Agreement and rezoning the Property (the "Ordinance"), and
that upon adoption and publication of the Ordinance, this Agreement shall be recorded in
the Johnson County Recorder's Office at Wal-Mart's expense.
12. The City acknowledges this Agreement is being entered into prior to Wal-Mart acquiring
fee title to that portion of the Property currently owned by Supervalu and Staples. The
City acknowledges and agrees that until such time as Wal-Mart picks up and pays for the
building permit for the construction of the Wal-Mart supercenter structure contemplated
on the Concept Site Plan, the Property and the buildings presently existing thereon shall
be required to comply with the 1989 CZA, as amended, and not this Agreement.
13. If Wal-Mart or any Owner is delayed or hindered in or prevented from the performance
of any obligation required under this Agreement by reason of failure of power, strikes,
lock outs, riots, insurrection, war, military or usurped power, sabotage, unusually severe
weather, fire or other casualty or other reason of a like nature beyond the reasonable
control of such delayed party, the time for performance of such obligation may be
4823-4435-9938.8
extended for the period of the delay.
Dated this ~ day of ~~ s~' , 2008.
WAL-MART REALTY COMPANY,
an Ar sa c rporation
By
S -- tt-tOPJPt
Regional Vice President, Design and Real
Estate
WAL-MART REAL ESTATE BUSINESS
TRUST, a el ware statutory trust
By
S . is ~ ~"'
Regional Vice President, Design and Real
Estate
WAL-MART ~ STORES, INC., a Delaware
By
Regional Vice President, Design and Real
Estate
SUPER LU INC., a D ware corporation,
successor to SI-Sup alu Inc., a Delaware
corporation
By
Name
Ti
CITY OF IOWA CITY, IOWA
By
Regenia D. Bailey, Mayor
By
Marian K. Karr, City Clerk
Approved by: uta t~Cf~~/
City Attorney's Office ~zS~vQ'
4823-4435-9938.8
WAL-MART ACKNOWLEDGEMENTS
State of Arkansas, County of Benton ss:
This instrument was acknowledged before me on the 22nd day of August, 2008 by Brian
Hooper, as Regional Vice President, Design and Real Estate, of Wal-Mart Realty Company, an
Arkansas corporation, on behalf of the corporation.
~~
~•etP'€;o' ROBIN M. LE MEUR
,;`~orAA: ~,`_ Benton County
P~~~:` = My Commission Expires
~'99KaN5Py~ Ma 1, 2013 Notary Pu lic in and for the State of Arkansas
Y
My commission expires: May 1, 2013
State of Arkansas, County of Benton ss:
This instrument was acknowledged before me on the 22nd day of August, 2008 by Brian
Hooper as Regional Vice President, Design and Real Estate of Wal-Mart Real Estate Business
Trust, a Delaware statutory trust, on behalf of the trust.
,,ySPT€;~.,'
~ ROBIN M. LE MEUR
' ~
.~A~ :;:
~~ Benton County
'• P~~;=
-
~ My Commission Expires
'";?KANSPy May 1, 2013
Notary Public in and for the State of Arkansas
My commission expires: May 1, 2013
State of Arkansas, County of Benton ss:
This instrument was acknowledged before me on the 22nd day of August 2008 by Brian
Hooper as Regional Vice President, Design and Real Estate of Wal-Mart Stores, Inc., a Delaware
corporation, on behalf of the corporation.
~,~y`%n;E;p~% ROBIN M. LE MEUR
,
;;; Nor~AY?~: Benton County
°• P~~::
~
" My Commission Expires
'
9kpNSPy May 1, 2013
Notary Public in and for the State of Arkansas
My commission expires: May 1, 2013
4823-4435-9938.8
extended for the period of the
WAL1~
an Ar]
By _
Name
Title
this day of
MART REALTY COMP
s~nsas corporation ~
WAL-MART A
TRUST, a Del are
By
Name
Title
2008.
CITY OF ITV
By \
Regenia D.
A CITY, IOW
i~yor
By
Marian K. I r, City C
Approv by:
Ci Attorney's Office
ESTATE BUSINESS
utorv trust
WAI.~MART STORES, INC., 'dam Delaware
B
ame
Title
SUPERVALU INC., a Delaware corporation,
successor to RSI-Supervalu Inc., a Delaware
corporation ,, ~~
By ~ era ~ ~c~~ ~ 1
Name ~oNRU~ T I''I EiyDES ~cT
Title VIGE fTzEJ~~En~T
4823-4435-9938.8
OTHER OWNER CKNOWLEDGEMENT
State of , Co t of
This instrument was acknow
2008 by as
corporation, on behalf of the c
ss:
me on the
_ day of ,
of Staples, Inc., a Delaware
Notary Public in a~for the State of
My commission expires:
State of _-`_ ~ '~ f f U ,County of /~ J~ I'~" ss:
~~
This instrument was acknowledged before me on the ~ day of ~} /.C 6 u.5 T ,
2008 byf2Dlt~14~ ~ i MtJU~as 1j ~Ce 1~}2.e5 i D ~ ~ T of Supervalu Inc., a Delaware
corporation, successor to RSI-Supervalu Inc., a Delaware corporation, on behalf of the
corporation. ~~~~.~~' F AL •I f~ •,,
.• ~ .• '•. s ':
. ~ . •
~OTA1t j.
•
... •~
'f~~'~ 1'UB~'1G .~
~I ~~~~~~~~~ ~~
C=e-~~ r-
Not y Public in and for the State of ~_~/f
My commission expires: Jot. - LP ' o~ d ~ d
CITY OF IOWA CITY ACKNOWLEDGEMENT:
State of Iowa, County of Johnson, ss:
On this day of 2008, before me, the undersigned, a notary public
for the state of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me
personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that
the seal attached thereto is the seal of said corporation by authority of its City Council; and that
the said Mayor and City Clerk acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation, by it and by them voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
4823-4435-9938.8
Staples The Office Superstore, East Inc., a
Delaware corporation
corporation
By
N I~6lAt u o w nrn ^
Title Executive Vice President, Real Estate
~° ;
( --~~-
G
~ - fla
.,`~ ~a
4823-4435-9938.8
OTHER OWNERS' ACKNOWLEDGEMENT
C~VI flti.~(W vr'~-~~
-matte of ~~'11,~~~~(s ~~_, County of ~~x ss:
This instrument was acknowledged before me on the Z ~ day of ~c,,,,,51' ,
2008 by ~Sul~r~ i~< ~wfh;'~ as ~` k~>~~~4i~.~- t,~. P~ of Staples, Inc., a Delaware
corporation, on behalf of the corporation.
n_n..e_..nnr.wn_w.
"` DEBRA T. HINDMAN '
Notary Public
~~Cornrnonwealth of Massachusetts
My Commission Expires May 23, 2G14
State of
County of
/~1 `
Notary Public in and for the~St~te-of ~_
CCMR1f'Y~(i~1(h% Qw t ~'I
My commission expires: S~Z 3 ~~~ i `~
ss:
This instrument was acknowledged before me on the day of ,
2008 , as of Superval nc., a Delaware
corporat n, successor to RSI-Supervalu Inc., a Delaware corporatio on behalf of the
Notary Public in and~or the State of
My commiss~lon expires:
CITY OF IOWA CITY ACKNOWL
State of Iowa, County of Johnson, ss:
On this day of 2008, b ore me, the undersigned, a notary public
for the state of Iowa, personally appeared Regenia .Bailey and Marian K. Karr, to me
personally known, who, being me duly sworn, did say tha hey are the Mayor and City Clerk,
respectively, of the City of wa City, Iowa, executing the withi and foregoing instrument; that
the seal attached thereto ' the seal of said corporation by authorit fits City Council; and that
the said Mayor and ity Clerk acknowledged the execution of s ' instrument to be the
voluntary act and ed of said corporation, by it and by them voluntarily e cuted.
Notary Public in and for the State of
My commission expires:
4823-44350938.8
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Sep. 4. 2008 7:41AM Meardon, Sueppel & Downer P. L. C.
No. 4469 P. 2
uy-ua-ua
6c
ROBERT N. DOWNER
JAMES D, MCGARRAGHER
MARK T. HAMER
THOMAS D. HOBART
DouaLAS D. RUPPERT
TIMOTHYJ- KRUMM
WILLIAM J. SUEPPEL
CHARLES A, MEARDON
DENNIS J. MRCHELL
DAVID .]. BRIGHT
PETER J, C;ARDNI=R
ANNE E, DANI$L3
ANDREW J. IiOSMANEK
PATRICIA G. KROPF
CARRIE L. LATNROP
MEARDON, SUEPPEL & DOWNER P,L.C,
LAWYERS
1 22 $OUm LINN STREE7
IOWA CRY, IOWA b 2240 - 1802
243 I CORAL COUHf, $UITC 5
CORALV)LLE, IDWA 52241-2H3B
September 4, 2008
Marian Karr
City Clerk
City of Iowa City
410 East Washington Street
Iowa City, IA 52240
Dear Marian:
7ELEPi-IONE: (3 12) 338-2222
rowA cm FAx: (3 19l 338-7250
Gow.LVILLe P,-x: (3 19) 545-4055
WWW.MEARDONLAW.COM
WILLIAM t. MEARDON
(I 919- 1997)
OF COUNSEL:
WILLIAM F. SUEPPEL
MARGAR£TT. LAINSON
JEAN BARiLEY
I am writing to you on behalf of Wal-Mart concerning the ordinance amending the
Conditional Zoning Agreement for Westport Plaza (REZ08-0000E-)• I am writing to
request that the City Council collapse the second and third readings of the ordinance at
its meeting on September 9, 2008. We appreciate the City Council's consideration.
Thank you.
very truly yours,
Dennis J. Mitchell
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Page 1 of 1
Marian Karr
From: Sprintselz@aol.com
Sent: Wednesday, August 27, 2008 5:31 PM
To: Council
Subject: Walmart
I can't tell you how disappointed I am with you decision. I thought we took pride in our progressive reputation.
Steven Selzer 2909 Brookside Dr.
It's only a deal if it's where you want to go. Find your travel deal h_e_re.
8/28/2008
Page 1 of 1
Marian Karr
From: Ross Wilburn
Sent: Tuesday, August 26, 2008 7:12 PM
To: Council
Subject: FW: Wal-Mart vote
From: Robert Morey [mailto:rmorey@newpi.com]
Sent: Mon 8/25/2008 6:34 AM
To: Ross Wilburn
Subject: Wal-Mart vote
Hello Ross,
Gary Sanders is under the impression that City Council members think the public largely apathetic about this
week's Wal-Mart vote. While I can't pretend to speak for the public, I can easily speak for myself. I haven't been
active in Gary's fight, but I'm hardly indifferent to it. Wal-Mart has broken prior zoning agreements for 17 years,
so it's bewildering to me that Iowa City would reward them with new zoning exceptions. I am familiar with the
argument that Wal-Mart's low prices help the economy and offer buying power to the economically
disadvantaged. But in the same way that the economy can provide "cheap" food only by displacing real costs
elsewhere, the low prices at Wal-Mart come at a high cost, too. With their proven track record of corporate law-
breaking, nationwide and locally, and with a huge supercenter on the other side of the river already, Wal-Mart
does not deserve any favors from the Iowa City Council.
That's my two-cents' worth, anyway.
Thank you,
Robert Morey
8/26/2008
Maureen McCue MD PhD Page 1 of 5
Marian Karr
From: Marian Karr
Sent: Wednesday, August 27, 2008 10:11 AM
To: Marian Karr
Subject: FW: Wal-Mart's application
Attachments: image001.gif; image002.gif; image003.gif; AFL-Walmart protest.doc
From: Ross Wilburn
Sent: Tuesday, August 26, 2008 7:10 PM
To: Council
Subject: FW: Wal-Mart's application
From: Patrick Hughes [mailto:Patrick@Southslope.net]
Sent: Mon 8/25/2008 12:04 PM
To: Ross Wilburn
Subject: Wal-Mart's application
Dear Councilperson Wilburn
On Tuesday, August 26 you will be voting on Wal-Mart's application to change the conditional zoning
agreement that they signed in 1991 and never adhered to. The delegates of the Iowa City Federation of
Labor, whose members have supported you formally or informally in the past, have asked me to contact
you and urge you to vote "no" on this application. It is bad zoning policy.
Wal-Mart is the most consistent and flagrant violator of worker's rights in America. The following
article from the Wall Street Journal is a perfect example of this. I've also attached the AFL-CIO's
response and complaint to the FEC on this matter.
Iowa City would not be the first progressive community to yank the welcome mat out on Wal-Mart.
Thank you for your consideration,
Patrick Hughes, President,
Iowa City Federation of Labor
Right-click here to download pictures. To help protect your privacy, Outlook
prevented automatic download of this picture from the Internet.
8/27/2008
August 1, 2008
Wal-Mart Warns of Democratic Win
By ANN ZIMMERMAN and KRIS MAHER
Wal-Mart Stores Inc. is mobilizing its store managers and department supervisors around the country
to warn that if Democrats win power in November, they'll likely change federal law to make it easier
for workers to unionize companies -- including Wal-Mart.
In recent weeks, thousands of Wal-Mart store managers and department heads have been summoned to
mandatory meetings at which the retailer stresses the downside for workers if stores were to be
unionized.
According to about a dozen Wal-Mart employees who attended such meetings in seven states, Wal-
Mart executives claim that employees at unionized stores would have to pay hefty union dues while
getting nothing in return, and may have to go on strike without compensation. Also, unionization could
mean fewer jobs as labor costs rise.
The actions by Wal-Mart -- the nation's largest private employer -- reflect a growing concern among
big business that a reinvigorated labor movement could reverse years of declining union membership.
That could lead to higher payroll and health costs for companies already being hurt by rising fuel and
commodities costs and the tough economic climate.
The Wal-Mart human-resources managers who run the meetings don't specifically tell attendees how to
vote in November's election, but make it clear that voting for Democratic presidential hopeful Sen.
Barack Obama would be tantamount to inviting unions in, according to Wal-Mart employees who
attended gatherings in Maryland, Missouri and other states.
"The meeting leader said, 'I am not telling you how to vote, but if the Democrats win, this bill will pass
and you won't have a vote on whether you want a union,"' said a Wal-Mart customer-service supervisor
from Missouri. "I am not a stupid person. They were telling me how to vote," she said.
"If anyone representing Wal-Mart gave the impression we were telling associates how to vote, they
were wrong and acting without approval," said David Tovar, Wal-Mart spokesman. Mr. Tovar
acknowledged that the meetings were taking place for store managers and supervisors nationwide.
Wal-Mart's worries center on a piece of legislation known as the Employee Free Choice Act, which
companies say would enable unions to quickly add millions of new members. "We believe EFCA is a
bad bill and we have been on record as opposing it for some time," Mr. Tovar said. "We feel educating
our associates about the bill is the right thing to do."
Other companies and groups are also making a case against the legislation to workers. Laundry
company Cintas Corp., which has been fighting a multiyear organizing campaign by Unite Here,
relaunched a Web site July 14 called CintasVotes. The site instructs visitors to take action by telling
members of Congress to oppose the legislation.
"We feel it's important that our employee partners fully understand the implications that the Employee
Free Choice Act could have on their work environment and benefits," said Heather Trainer, a Cintas
spokeswoman.
Business-backed organizations are also running ads aimed at building opposition to the bill, including
the Coalition for a Democratic Workplace, which counts several hundred industry associations as
members. Another group, the Employee Freedom Action Committee, is run by former tobacco lobbyist
Rick Berman. The groups, which aren't affiliated with each other, say they have a total of $50 million in
funding. Neither will disclose which companies or individuals have provided funding.
The U.S. Chamber of Commerce has made defeat of the legislation a top priority. In the past six
months, it has flown state and local Chamber members to Washington to lobby members of Congress.
On Thursday, the Chamber began airing a television ad in Minnesota and plans to run ads in other
states as part of a broader campaign.
The bill was crafted by labor as a response to more aggressive opposition by companies to umon-
organizing activity. The AFL-CIO and individual unions such as the United Food and Commercial
Workers have promised to make passage of the new labor law their No. 1 mission after the November
election.
First introduced in 2003, the bill came to a vote last year and sailed through the Democratic-controlled
House of Representatives, but was blocked by a filibuster in the Senate and faced a veto threat by the
White House. The bill was taken off the floor, and its backers pledged to reintroduce it when they could
get more support.
The November election could bring that extra support in Congress, as well as the White House if Sen.
Obama is elected and Democrats extend their control in the Senate. Sen. Obama co-sponsored the
legislation, which also is known as "card check," and has said several times he would sign it into law if
elected president. Sen. John McCain, the likely Republican presidential nominee, opposes the
Employee Free Choice Act and voted against it last year.
Wal-Mart's labor-relations meetings are led byhuman-resources managers who received training from
Wal-Mart on the implications of the Employee Free Choice Act.
Fine Legal Line
Wal-Mart may be walking a fine legal line by holding meetings with its store department heads that
link politics with a strong antiunion message. Federal election rules permit companies to advocate for
specific political candidates to its executives, stockholders and salaried managers, but not to hourly
employees. While store managers are on salary, department supervisors are hourly workers.
However, employers have fairly broad leeway to disseminate information about candidates' voting
records and positions on issues, according to Jan Baran, a Washington attorney and expert on election
law.
Both supporters and opponents of the Employee Free Choice Act believe it would simplify and speed
labor's ability to unionize companies. Currently, companies can demand asecret-ballot election to
determine union representation. Those elections often are preceded by months of strident employer and
union campaigns.
Under the proposed legislation, companies could no longer have the right to insist on one secret ballot.
Instead, the Free Choice, or "card check," legislation would let unions form if more than 50% of
workers simply sign a card saying they want to join. It is far easier for unions to get workers to sign
cards because the organizers can approach workers repeatedly, over a period of weeks or months, until
the union garners enough support.
Employers argue that the card system could lead to workers being pressured to sign bypro-union
colleagues and organizers. Unions counter that it shields workers from pressure from their employers.
On June 30 the National Labor Relations Board ruled that Wal-Mart illegally fired an employee in
Kingman, Ariz., who supported the UFCW and illegally threatened to freeze merit-pay increases if
employees voted for union representation. The decision came eight years after the organizing campaign
failed, and four years after the case was originally heard.
"We've always maintained the termination was not related to the union and that there was nothing
unlawful about an answer provided an associate about merit pay," said Mr. Tovar, the Wal-Mart
spokesman. "Following the decision, we were considering offering reinstatement, but that is on hold,
since the [union] appealed the decision."
Unions consider the Employee Free Choice Act as vital to the survival of the labor movement, which
currently represents 7.5% ofprivate-sector workers, half the percentage it did 25 years ago. The Service
Employees International Union said the legislation would enable it to organize a million workers a
year, up from its current pace of 100,000 workers a year.
The Underdogs
The business-backed lobbying groups are running ads in states where a win by a Democratic Senate
candidate would boost support for the legislation in the Senate, saying the loss of secret ballots exposes
workers to bullying labor bosses. In one, they use an actor from the "Sopranos" TV series about mob
life to hammer home their point.
Business groups say they're the underdogs since they will be outspent by unions by a wide margin.
Labor has pledged to spend $300 million on the election and securing passage of the Employee Free
Choice Act, compared with under $100 million by business groups, according to Steven Law, chief
legal officer of the U.S. Chamber of Commerce. The Chamber's strategy is to focus on the Senate,
where labor needs eight more supporters of the legislation to reach the 60 votes needed to overcome a
filibuster.
"This is aDavid-and-Goliath confrontation, but we believe we'll have enough stones in the sling to
knock this out," said Mr. Law.
Wal-Mart is a powerful ally. Through almost all of its 48-year history, Wal-Mart has fought hard to
keep unions out of its stores, flying in labor-relations rapid-response teams from its Bentonville, Ark.,
headquarters to any location where union activity was building. The United Food and Commercial
Workers was successful in organizing only one group of Wal-Mart workers -- a small number of
butchers in East Texas in early 2000. Several weeks later, the company phased out butchers in all of its
stores and began stocking prepackaged meat. When a store in Canada voted to unionize several years
ago, the company closed the store, saying it had been unprofitable for years.
Labor has fought back with a campaign to portray Wal-Mart as treating its workers poorly. The UFCW
helped employees file a series of complaints about the company's overtime, health-care and other
policies with the National Labor Relations Board. Dozens ofclass-action lawsuits were filed on behalf
of workers, many of which are still winding their way through the courts.
Wal-Mart has been trying to burnish its reputation by improving its worker benefits and touting its
commitment to the environment. On the political front, it's hedging its bets, spreading its financial
contributions on both sides of the political divide.
Twelve years ago, 98% of Wal-Mart's political donations went to Republicans. Now, as the Democrats
seem poised to gain control in Washington, 48% of its $2.2 million in political contributions go to
Democrats and 52% to Republicans, according to the Center for Responsive Politics, a nonpartisan
organization that tracks political giving.
Write to Ann Zimmerman at ann.zimmerman(c>wsj.com` and Kris Maher at kris.mahcr~~.wsj.com2
URL for this article:
http~//online wsi com/article/SB121755649066303381.html
Copyright 2008 Dow Jones 8~ Company, Inc. All Rights Reserved
American Federation of Labor and Congress of Industrial Organizations
EEDERATIp~y ~...
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815 Sixteenth Street, N.W
Washington, D.C. 20006
(202) 637-5000
www.aflcio.org
EXECUTIVE COUNCIL
For Immediate Release
JOHN J. SWEENEY RICHARD L. TRUMKA ARLENE HOLT BAKER
PRESIDENT SECRETARY-TREASURER EXECUTI VE VICE PRESIDENT
Gerald W. McEntee Gene Upshaw Michael Sacco Frank Hurt
Patricia Friend Michael Goodwin William Lucy Robert A. Scardelletti
R. Thomas Buffenbarger Elizabeth Bunn Michael J. Sullivan Harold Schaitberger
Edwin D. Hill Joseph J. Hunt Clyde Rivers Cecil Roberts
William Burrus Leo W. Gerard Edward J. McElroy Jr. Ron Gettelfinger
James Williams John J. Flynn Baxter M. Atkinson John Gage
William H. Young Nat LaCour Vincent Giblin William Hite
Andrea E. Brooks Larry Cohen Warren George Gregory J. Junemann
Laura Rico Thomas C. Short Robbie Sparks Nancy Wohlforth
Paul C. Thompson James C. Little Alan Rosenberg Capt. John Prater
Rose Ann DeMoro Mark H. Ayers Ann Converso, R.N. Richard P. Hughes Jr.
Fred Redmond
Contact: Alison Omens 202-637-5018
AFL-CIO Joins Worker Rights Groups in Filing Formal Complaint with FEC
Against Wal-Mart
Complaint Calls for Examination into Wal-Mart's Intimidation of Workers
(Washington, August 14) - -Today, the AFL-CIO, joined by other worker rights groups,
filed a formal complaint with the FEC demanding they look into Wal-Mart's intimidation
of workers. The complaint stems from a Wall Street Journal article that detailed the
specific steps Wal-Mart took to encourage employees to vote against Sen. Obama
because of his support of the Employee Free Choice Act.
"Wal-Mart has bullied its workers and managers for years. Now it wants to bully the
political process, and the FEC should take Wal-Mart's threats very seriously," said AFL-
CIO President John Sweeney. "Wal-Mart has shown exactly why our nation needs the
Employee Free Choice Act - - we must outlaw the kind of behavior for which Wal-Mart
is famous and give workers a free and fair choice on whether to form a union."
The complaint states, "there is reason to believe that Wal-Mart Stores, Inc. has made
prohibited corporate expenditures by expressly advocating against Senator Obama's
election to employees who were not in its restricted class in violation of 2 U.S.C. § 441b.
We request that the Commission immediately open an investigation to determine whether
a violation occurred and, if so, to take all appropriate steps to remedy that violation of
federal election law."
The complaint explains that "informing employees that it is imperative that the Employee
Free Choice Act not be enacted and, simultaneously, that their voting for Senator Obama
and other Democrats would lead to its enactment constitutes express advocacy" that Wal-
Mart cannot finance.
It goes on to say: "The Employee Free Choice Act is strongly opposed by Wal-Mart
because it would, in fact, go a long way toward rectifying the imbalance that currently
exists between workers seeking to form unions and employers that oppose them.
Currently, the law fails to effectively protect workers seeking to organize, and employers
are able to violate the law with virtual impunity. This legislation would allow workers
throughout the United States to decide whether or not to form a union. If an employer
intimidates or obstructs a worker's free choice, it would incur increased penalties.
Senator Obama is a co-sponsor of the legislation, while his Republican opponent, Senator
John McCain, opposes the bill and voted against bringing it to the Senate floor last year."
The complaint was filed on behalf of the AFL-CIO, American Rights at Work, Change to
Win, and WakeUpWalMart.com
For a full copy of the complaint, contact the AFL-CIO Media Outreach Dept. at 202-637-5018.
###
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Marian Karr
From: Grazyna Kochanska [grazyna-kochanska@uiowa.edu]
Sent: Wednesday, August 27, 2008 10:08 AM
To: Council
Subject: congratulations and thanks from a community resident
Dear Iowa City City Council Members,
I would like to express my thanks to you collectively, and individually to those
Councilors who voted to approve Wal-Mart's application for extension at the meeting on
August 26, 2008. You are to be commended for your understanding of and support for
healthy economic policies and principles, for acting in the interest of the diversity of
commerce, all local consumers, particularly families with low incomes, and finally, for
simple common sense. Your decision sends an important signal that ideologically-driven
agendas have no place in economic decisions, and that you do not wish to interfere with
individual citizens' right to make their own free choices regarding their consumer
behavior. Thank you for standing up to special interests and for supporting the community
as a whole.
Yours sincerely,
Grazyna Kochanska
Grazyna Kochanska Phone:
Stuit Professor of Developmental Psychology (319) 335-2409 Office
Department of Psychology, University of Iowa (319) 335-0500 Lab
Iowa City, IA 52242-1407 (319)
335-0191 Fax
www.psychology.uiowa.edu/Faculty/Kochanska/Kochanskal.html
Page 1 of 3
Marian Karr
From: Regenia Bailey [bailey@avalon.net]
Sent: Tuesday, September 02, 2008 4:08 PM
To: Marian Karr
Subject: FW: Your recent vote
To include with correspondence in case you didn't get this.
~enia
From: SCOTT SWISHER [mailto:seiusarah@msn.com]
Sent: Tuesday, September 02, 2008 11:22 AM
To: regenia-bailey@iowacity.org; matt-hayak@iowa-city.org; amy-Correia@iowa-city.org; ross-wilburn@iowa-
city.org
Cc: garyiclabor@yahoo.com
Subject: Your recent vote
Council Members:
I returned from the Democratic National Convention last night to discover that you all voted yes on Wal-Marton
August 26th. I was attending the convention because I am the 1st Vice Chair of the Iowa Democratic Party and
a member of the DNC. I should have written to you before I left, and I apologize for the criticism after the fact.
You might think I heard about this from my friend Gary Sanders or from the newspaper, but that is not the
case. I heard about it from my 87 year old mother. She doesn't like Wal-Mart because of what they have done
to local businesses and the global economy. She gets it.
I have outlined the rationales from the Iowa Demoratic Party Platform that I believe could have applied well to
your decision making process. It is apparent to me that it is time to elect an ordinary worker, preferably a union
member to the Iowa City Council. I am not sure that the concerns of the labor movement are being well
represented on this council
In the future if you care to have guidance from the party or from SEIU consider me at you disposal. I have
suggested to more than one of you that you should consider a labor advisory committee. I would be more than
happy to assist any of you in developing this idea.
You are the Iowa City Council. It is alright for you to lead with your heart---it is LOCAL government. I simply
refuse to believe that this was an easy vote for any of you.
Sarah
We support: 1165
1. 1. Repealing "right to work" laws. 1166
2. 2. EFCA. 1167
3. 3. P LAs. 1168
4. 4. Strengthening NLRA. 1169
5. 5. Fully financing NLRB. 1170
6. 6. Fair-share clauses. 1171
7. 7. Equal wages/proportionate benefits for part time workers. 1172
9/2/2008
Page 2 of 3
8. 8. All issues being mandatory subjects of bargaining. 1173
9. 9. Unemployment benefits for locked out employees. 1174
10.10. Penalties/sanctions on employers for hiring/contracting 1175
undocumented workers. 1176
11.11. Equal pay for equal work. 1177
12.12. Employers/government entities abiding by labor contracts and 1178
arbitrators' decisions. 1179
13.13. Considering bidders' safety records for government contracts. 1180
14.14. Laws prohibiting "temps" replacing permanent employees. 1181
15.15. Eliminating employee/independent contractor misclassification. 1182
16.16. Requiring prevailing wages for publicly contracted work. 1183
17.17. Davis Bacon Act. 1184
18.18. Strengthening, increasing financing and staffing of OSHA, MSHA 1185
and NIOSH. 1186
19.19. Workers' rights to refuse unsafe work. 1187
20.20. Workers injured on the job choosing their health care provider. 1188
21.21. Covering agricultural workers by health and safety statutes. 1189
22.22. Adequate staffing levels for workplace safety. 1190
1. 23. Allowing employees and unions greater participation with OSHA 1191 activities.
1192
2. 24. Improving whistleblower protection. 1193
3. 25. Passing "The Decent Working Conditions and Fair Competition 1.194 Act".
11.95
4. 26. Laws ensuring job security for and preventing discrimination 119E against
single parents. 1197
5. 27. Encouraging employers to hire and promote more persons with 1198
disabilities (PWD), eliminate discriminatory practices, and create 1199
employment opportunities for PWD.
We oppose: 1282
1. 70. Countries manipulating their currency thereby adversely affecting 1283
U.S. commerce. 1284
2. 71. WTO, NAFTA, CAFTA and North American Union. 1285
3. 72. No-bid government contracts. 1286
4. 73. Large business/conglomerates destroying small businesses. 1287
5. 74. All remote control locomotive operations. 1288
6. 75. NAFTA "super highway
Sarah Swisher, RN
Government Affairs
SEIU Local 199
319-530-8364 (cell)
9/2/2008
Marian Karr
From: Mike McKay [mike@keystoneit.comj
Sent: Tuesday, September 02, 2008 1:38 PM
To: Council
Subject: WalMart
This correspondence will become a public record.
Gary Shandler asked the public to contact the City Council to let you know how we feel
about WalMart, so I am. I believe that you should continue to work with them so that the
store can expand in that area of town. WalMart's low prices are needed by a large segment
of our community and the grocery section of a Super WalMart will be a welcome addition to
many in our community. WalMart will not put any small grocery stores in the area out of
business--they are already gone. And, WalMart has been a competitor in the area for years,
so who will they now hurt? The Super WalMart in Coralville?
Mike McKay
1105 Keokuk St.
Iowa City, IA 52240
1
Marian Karr
From: Trenam, Eliana V A [eliana-trenam@uiowa.edu]
Sent: Monday, September 01, 2008 11:33 AM
To: Council
Subject: Another citizen opposing Wal-Mart zoning change.
Ethically I am opposed to Wal-Mart on many levels: for misogynistic and racist hiring
practices, for forcing employees to work extra unpaid hours (including breaks), for poor
medical coverage and benefits, for suppressing unionization and for bankrupting local
businesses. If these reasons don't speak to you, let's approach the corporation from a
legal perspective. They have a long history of not honoring agreements, but more locally,
the Iowa city original 1989 zoning agreement that specified that the property include
several anchor stores in addition to some smaller ones. These other stores were never
developed. Now it wants to expand into Cub Foods and Staples, effectively incorporating
the competition's property into itself and developing a colossal (and single) super store.
Regardless of how you value a competitive business market or local stores, Wal-Mart should
be denied this change in zoning simply on the grounds that they didn't honor the first
agreement. What type of message does it send out to conglomerates and business giants when
unlawfulness is rewarded by the city that is supposed to be monitoring it? Either that the
city government is uneducated in the issue, or even more concerning, that they see no
problem allowing companies to undermine local (and indeed national) governance.
I hope you think more carefully about such issues in the future.
Eliana Trenam
Page I of 1
Marian Karr
From: alicia starr ryan [picassostarr@gmail.com]
Sent: Saturday, August 30, 2008 4:18 PM
To: Council
Subject: No on Walmart
We strongly encourage you to vote NO to the Iowa City Super Walmart. We thank Mike Wright for his
lone 'No' vote.
Thank you.
Alicia Starr Ryan
Bart Ryan
5 Wellesley Way
Iowa City, IA 52245
9/2/2008
Page 1 of 1
Marian Karr
From: Defunct Books [gdelzer@defunctbooks.com]
Sent: Wednesday, September 03, 2008 4:16 PM
To: Council
Subject: Please reject Wal-Mart zoning change
I am writing to request that you vote against the Wal-Mart zoning change request at the next City
Council meeting and anytime it comes up.
I moved myself, my life, and my bookstore to Iowa City from Spokane, Washington last summer. I
didn't do this in order to earn more money but rather because I appreciated the lifestyle that Iowa City
offers and its commitment to local, independent small businesses and to a thriving Downtown. My
business doesn't compete directly with Wal-Mart, so this isn't really a concern voiced due to personal
economic issues. But as several of the City Councilpersons have mentioned the potential tax revenue
that a Wal-Mart Supercenter would produce, I feel it necessary to remind you at the potential economic
losses that the zoning change could also produce.
To be honest, while I have concerns about the corporate culture of Wal-Mart and its practices of
providing low paying jobs and poor benefits, I agree that as Iowa City Councilors, you shouldn't base
your vote on ethical considerations. But as Iowa City leaders who have voiced a commitment to ensure a
thriving Downtown, I cannot fathom how you can pay lip service to that ideal and yet vote in a manner
that will pull people away from Downtown. The long-term economic viability of Iowa City necessitates
a thriving, diverse retail Downtown. Those long-term considerations should trump any short-term
economic gain from an outside corporation. This is not just a tax issue, though you should really offset
the tax gains from a Supercenter with tax losses from harmed local businesses in the Downtown area.
What this really is about is where the profits generated from local, independent, small businesses go--
they go back into the community at a much higher rate than those generated by big box stores. So, any
short-term gain in tax revenues is really along-term loss, as Wal-Mart's profits leave the city and state,
while those businesses that truly re-invest their profits back into the community are harmed.
I know I am asking you to make a tough choice. I also know that dealing with Wal-Mart and their
legions of lawyers is a stressful endeavor. But as someone who invests their time, energy, and yes,
money into this community, let me tell you that you will have the backing of the local business
community if you stand against the zoning change. I would rather invest my money in a city that truly
defends our local business community rather than in finding candidates for office to replace those that
won't.
--Greg Delzer
Owner, Defunct Books
9/3/2008
09/04/2008 11:00 FAa
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September ~, 2048 '
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Mayor Regenia Bailey :. ; ~-
410 East Washillgton Street ~
Iowa City, IA 52240 ~~,`F: `, ~.
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Dear A~Iavor Bailey: c
It has come to my attention that the Io~~-a City C'ouncll is currently
considering amending its zoning la«-s to allow for the construction of a Vt'al-
Mart supercenter. By amending its zoning ordinances, the C`ou11ci1 ~~~ould
choose corporate greed at the expense of Iowa City.
As you may be aware, Wal-Mart historically has developed policies
that discriminate against its worke~•s, including female and nlinoi-ity
e-1lployees. In addition, Wal-Mart forces employees to work "ott the clock,"
deny benefits to deserving individuals, and wages ~~°ar against employees
hoping to organize within the company. In addition, Wal-~'1a1-t's actions
forced Fourteen suppliers -including Hasbro and Proctor & Gamble - to
eliminate more than 17,000 American manufacturing jobs bet~~~~een 2001 and
2006 while driving local. businesses out of business. Mean~~~hile, mare than
70% of the company's products are manufactured in China alone.
Between 1999 and 2005, Wal-;~1art scammecl more thaa~ $2.3 billion
from state taxpayers across the country tllrougll illegal loopholes in the
federal tax code. In Iowa, t}1e company took more than $C~ l mil lion, tax
dollars that could fiord education, l~ealtllcare for Io~~-a's most vulnerable
communities, improved roadways throughout the state, and real property tax
1-eliei~ as .Iowans continue to struggle under a projected $35O 1111111021 2009
state budget deficit.
09/04/2008 11:00 FAX
Mayor Regenia Bailey
September 3, ?008
Page 2
~ooz/oo8
The evidence of Wal-Mart's abuse on our communities can not be
ignored. Each year, the company violates the rights of workers, drives small
businesses out of business, and scams states out of necessary taY dollars.
There should be no doubt that our communities must battle the corporate
greed of Wal-Mart one application at a time. I strongly encourage the Iowa
City Council to re-consider its decision to allow Wal-1VIart to construct its
proposed supercenter, and send a message that the Iowa City Council will do
the right thing by siding with working families.
Sincerely,
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General President
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Marian Karr
From: Regenia Bailey [bailey@avalon.net]
Sent: Sunday, September 07, 2008 10:01 PM
Ta; Marian Karr
Subject: FW: Wal-Mart rezoning
Regenia D. Bailey
430 Church Street
Iowa City, IA 52245
319.351.2068 (h)
319.321.1385 (mobile)
866.802.2854 (fax)
-----Original Message-----
From: Jim Walters [mailto:jcmwalt@infionline.net]
Sent: Sunday, September 07, 2008 7:27 PM
To: regenia-baileyC~iowa-city.org
Subject: Wal-Mart rezoning
Dear Mayor Bailey:
The Wal-Mart vote is a great disappointment to those of us who hope to see change in this
country. The rich and powerful are never held accountable (in matters of war or zoning) -
they just come up with the lawyers, the spin, and whatever else is needed to get their
way.
Think if your council had had the courage to stand up to them? It would have been national
news.
Instead, we have Sarah Palin and the newly invigorated G.O.P. as the national news. You
don't achieve change by knuckling under! If you aren't prepared to stand up to the Wal-
Marts, Bushes, or McCains, you really don't have much business in government.
Sincerely,
Jim Walters
1
~~
Larry Fleckenstein
1809 Flanigan Ct.
Iowa City, IA 52246
Amy Correia
11 South 7th Avenue
Iowa City, Iowa 52245
Dear City Councilor:
I hope you will continue to support the expansion of Wal-Martin Iowa City. I live on the west side of
Iowa City and am a frequent shopper at Wal-Mart. Right now, I have to go to the Super Wal-Mart in
Coralville for some items. Why would Iowa City want to lose my tax revenue? Wal-Mart pays its taxes
like all other businesses, but it helps smaller businesses by helping to carry the taxation load for smaller
businesses. As far as I'm concerned, Wal-Mart is a good citizen in our community. Nobody forces
anyone to work at Wal-Mart who doesn't want to.
We have lost Cub Food and it is important to maintain a positive business environment on the west side.
As a tax payer and voter in Iowa City, this is an important issue to me and I will be following how the City
Council votes on this issue.
Please support Super Wal-Martin Iowa City.
Sincerely,
<'~~ __
~~
Larry Fleckenstein
^ ~
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ti.
ORDINANCE AMENd1f,VG TITLE 9, ENTITLED "MOTOR VEHICLES A TRAFFIC,"
CHAPTER 1 AND CHANTER 6 TO ALLOW ELECTRIC PERSONAL ASSTS VE MOBILITY
DEVICES TO BE OPERA~D ON THE SIDEWALK AND TO REQUIRE ERATORS TO
YIELD THE RIGHT OF WAY -~ PEDESTRIANS.
WHEREAS, electric personal assistive mobility devices are defined as motor ve icles in the City Code;
WHEREAS, because motor vehicles c~not be operated on City sideway ,currently it is not legal to
operate electric personal assistive mobility de~(ices on City sidewalks; and
WHEREAS, it is in the best interest of the City to allow electric person assistive mobility devices to be
operated on City sidewalks on the condition tha~:operators yield to pede rians and operate them in a safe
manner.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL O THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS. ~`~:
1. Title 9, entitled "Motor Vehicles and Traffic," CAapter 1, ntitled "Definitions, Administration and
Enforcement of Traffic Provisions," section 1, entitled '~efiniti ns," is hereby amended by deleting the
definition of "motor vehicle" and by adding the following new cJefi itions:
Electric Personal Assistive Mobility Device. Aself-balancing, n ` .tandem two-wheeled device powered by an
electric propulsion system that averages seven hundred fifty ails and is designed to transport one person,
with a maximum speed on a paved level surface of less t n twe ty miles per hour. The maximum speed
shall be calculated based on operation of the device by person who weighs one hundred seventy pounds
when the device is powered solely by the electric prop sion system.~or purposes of this chapter, "electric
personal assistive mobility device" does not include a 'assistive device'`,as defined in section 216E.1 of the
IowaCode.
Motor Vehicle. Every vehicle mechanically sel propelled excluding electric personal assistive mobility
devices.
2. Title 9, entitled "Motor Vehicles and Traffic," C pter 6, entitled "Pedestrians," sectbn 1, entitled "Right of Way," is
hereby amended by adding a new subsection 1 D a follows: ~`
An operator of an electric personal assistiv mobility device shall exercise caution~tctavoid colliding with any
pedestrian, shall yield the right of way to any pedestrian, and shall not operate it ~ such manner as to
indicate a willful or wanton disregard fort safety of persons.
SECTION II. REPEALER. All ordin nces and parts of ordinances in conflict with t provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If ny section, provision or part of the Ordinance shall be djudged to be
invalid or unconstitutional, such a ~udication shall not affect the validity of the Ordinance as a hole or any
section, provision or part thereof of adjudged invalid or unconstitutional.
SECTION IV. PENALTIES R VIOLATION. The violation of any provision of this ordinance i a simple
misdemeanor.
SECTION V. EFFECTIV DATE. This Ordinance shall be in effect after its final passage, appro I and
publication, as provided by aw.
Passed and approv d this day of , 2008.
Approved by
MAYOR C~~ ~ ~ ~ ` C~
City Attorney's Office
ATTEST:
CITY CLERK
-~~
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Marian Karr
From: Leigh Sloan
Sent: Friday, September 05, 2008 9:58 AM
To: Council
Subject: Comment about Segways
This correspondence will become a public record
I would like to add my thoughts to the issue of the use of Segways on the sidewalks in Iowa City. As I am going to be out of
town on City business this Tuesday and won't be able to address you in person, I am sending this email.
Due to all the heavy rains and flooding we had to deal with this summer, I have traveled a little less then 400 miles on my
Segway. I have found in my commute to and from myjobs at the City and Wal-Mart that more than 95% of the time, I am
the only one using the sidewalk. And when I do encounter pedestrians I use common courtesy and common sense to deal
with the situation. I slow down to a walk speed pace. If I am approaching from behind, I announce myself by saying
"Excuse me", giving the pedestrian warning of my presence. I then allow the pedestrian dictate how to continue. I try to be
as polite and unobtrusive as possible. The reactions I have received during these encounters have ranged from
disinterestedly neutral to enthusiastically curious. I have not heard any negative comments directed towards me.
I have been an Iowa City resident for 30 years and have always known this to be a progressive, forward thinking
~~
community. I am certain that with all the recent news on gas prices, reducing your carbon footprint" and the ever present
issue of parking in and around downtown that my attempt to reduce congestion by my one vehicle is looked upon as a
good thing. Giving the citizens a choice of alternative modes of transportation may lead to less fuel used, less congestion
downtown, fewer repairs needed on the streets.
Thank you,
Leigh Sloan
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," TO
ALLOW ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES TO BE OPERATED ON
SIDEWALKS EXCEPT DOWNTOWN AND TO REQUIRE OPERATORS TO YIELD THE RIGHT
OF WAY TO PEDESTRIANS.
WHEREAS, electric personal assistive mobility devices are defined as motor vehicles in the City Code;
WHEREAS, because motor vehicles cannot be operated on City sideways, currently it is not legal to
operate electric personal assistive mobility devices on City sidewalks; and
WHEREAS, it is in the best interest of the City to allow electric personal assistive mobility devices to be
operated on City sidewalks, except downtown, on the condition that operators yield to pedestrians and
operate them in a safe manner.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 1, entitled "Definitions, Administration and
Enforcement of Traffic Provisions," section 1, entitled "Definitions," is hereby amended by deleting the
definition of "motor vehicle" and by adding the following new definitions:
Electric Personal Assistive Mobility Device. Aself-balancing, nontandem two-wheeled device powered by an
electric propulsion system that averages seven hundred fifty watts and is designed to transport one person,
with a maximum speed on a paved level surface of less than twenty miles per hour. The maximum speed
shall be calculated based on operation of the device by a person who weighs one hundred seventy pounds
when the device is powered solely by the electric propulsion system. For purposes of this chapter, "electric
personal assistive mobility device" does not include an "assistive device" as defined in section 216E.1 of the
IowaCode.
Motor Vehicle. Every vehicle mechanically self-propelled excluding electric personal assistive mobility
devices.
2. Title 9, entitled "Motor Vehicles and Traffic," is amended by adding a new Chapter 10, entitled
"Electric Personal Assistive Mobility Devices," as follows:
a. A person who operates an electric personal assistive mobility device shall exercise caution to avoid
colliding with any pedestrian, shall yield the right of way to any pedestrian, and shall not operate it in such
manner as to indicate a willful or wanton disregard for the safety of persons.
b. No person shall operate an electric personal assistive mobility device upon a sidewalk in the central
downtown business district. The central downtown business district is the area bounded by and including
Capitol Street to the west, Burlington Street to the south, Gilbert Street to the east, and Jefferson Street to
the north.
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 unconstitutional.
SECTION IV. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a simple
misdemeanor.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 2008.
MAYOR
Approved by
City Attorney's Office
ATTEST:
CITY CLERK
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:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 9 / 9 / 2008
Vote forpaSSage: AYES: Hayek, O'Donnell, Wilburn, Wright, Champion, Correia.
NAYS: Bailey. ABSENT: NSne.
Second Consideration _
Vote for passage:
Date published
M /
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 08-4314
ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY," TO
DECLARE ADDITIONAL AREAS AS NONSMOKING PLACES AND TITLE 3, ENTITLED
"CITY FINANCES, TAXATION AND FEES," TO INCREASE THE FINE FOR LITTERING IN
CITY PLAZA.
WHEREAS, HF 2212, the Smokefree Air Act ("the Act"), which will be codified at chapter 142D of the
Code of Iowa and which went into effect on July 1, 2008, prohibits smoking in many public places;
WHEREAS, the Act allows the City to declare additional areas within its custody or control that are
otherwise exempt under the Act to be nonsmoking places;
WHEREAS, to discourage littering in city plaza that is likely to increase with the prohibition of smoking
in restaurants and sidewalk cafes, the fine should be increased to $300.00; and
WHEREAS, it is in the City's best interest to declare additional areas to be nonsmoking places and to
increase the fine for littering in city plaza.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 6, entitled "Public Health and Safety," is hereby amended by adding a new chapter 10, entitled
"Smokefree Places" as follows:
It is illegal to smoke in a Smokefree Place. Pursuant to HF 2212, section 5, to be codified at section
142D.5 of the Iowa Code, the City declares the following areas to be Smokefree Places:
A. Iowa City Municipal Airport
B. Municipal Parking Ramps except privately owned vehicles that are not located in the Chauncey
Swan Parking Ramp during the Farmer's Market (Wednesdays from 5:00 pm to 7:30 pm and
Saturdays from 7:00 am to 11:30 am from May 1 through October 31).
C. City plaza in the area to the east of the southeast corner of 125 S. Dubuque Street (a/k/a Plaza
Centre One), as illustrated on the diagram below. City plaza is defined in Section 10-5-2 of this code.
D. The area between the public library and Linn Street including the sidewalk, as illustrated on the
diagram below.
E. Napoleon Park except the parking lot and the Iowa River Corridor Trail
F. Baseball/softball complex at Mercer Park not including the parking lots
G. Iowa City Kickers Soccer Park including the parking lots
H. The Area within 50 feet of the City Park pool building and the fence that encompasses the City Park
pool and the area inside the fence
I. Riverside Festival Stage/seating area and the area within 50 feet of Riverside Festival Stage/seating
area
J. Bobby Oldis Baseball Fields in Lower City Park including the bleachers, sidewalk, and all other
areas between the fields
K. The area within 50 feet of the amusement rides in Lower City Park
L. Skateboard Park
M. Tennis courts in all city parks
N. Dog parks
O. Chauncey Swan Park on Wednesdays from 5:00 pm to 7:30 pm and on Saturdays from 7:00
am to 11:30 am from May 1 through October 31.
P. The area within 50 feet of any outdoor stage or location where musicians are performing during
Arts Fest, Jazz Fest, Friday Night Concert Series or any other outdoor entertainment venues
where members of the general public assemble to witness entertainment events.
Q. The streets and adjacent sidewalks along the parade route of the University of Iowa
Homecoming parade from 5:00 pm to 8:00 pm on Friday evening of the homecoming parade.
Ordinance No. 08-4314
Page 2
2. Title 3, entitled "City Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates,
Charges, Bonds, Fines and Penalties," Section 9, entitled "Violation of Various Code Sections," is
hereby amended by amending the fine for littering in city plaza to $300.00 as follows:
Description of Fee, Charge, Bond, Amount of Fee, Charge, City Code Chapter,
Fine or Penalty Bond, Fine or Penalty Article or Section
Reference
Litteringexcept for city plaza $ 70.00 16-3H-11 C
Littering in city plaza $300.00 16-3H-11 C
City plaza is defined in Section 10-5-2 of this code.
SECTION II. VIOLATION. HF 2212, the Smokefree Air Act, which is to be codified at chapter 142D
of the Code of Iowa, provides that smoking is prohibited in the "seating areas of outdoor sports arenas,
stadiums, amphitheaters and other entertainment venues where members of the general public assemble
to witness entertainment events." HF 2212 also allows the City of Iowa City to declare additional areas as
nonsmoking places. In Paragraphs 1A-10 of this ordinance, the City is declaring additional areas as non-
smoking, and violation of Paragraphs 1A-10 shall be considered a municipal infraction with a civil penalty
of $100.00 for first offense, $200.00 for second offense, and $500.00 for third and subsequent offenses.
In Paragraphs 1P and 1Q of this ordinance, the City of Iowa City is defining said seating areas and
violation of Paragraphs 1P and 1Q shall by the enforcement provisions in HF 2212, to be codified at
section 142D.8, and not by municipal infraction.
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 adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 9th day of September , 2008.
M Y
ATTE T: ~S/t/
CITY CLE
p roved by
City Attorney's Office ~ - 02
Ordinance No. 08-4314
Page 3
It was moved by Wilburn and seconded by Champion that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Correia
x Hayek
x O'Donnell
x Wilburn
x Wright
First Consideration 8/26/2008
VOteforpaSSage: AYES: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn,
Wright. NAYS: None. ABSENT: None.
Second Consideration ----------------
Vote for passage:
Date published 9 / 17 / 2008
Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: O'Donnell, Wilburn, Wright, Bailey,
Champion, Correia, Hayek. NAYS: None. ABSENT: None.
Linn Street
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Marian Karr
From: Paul Harris [ph2359@gmail.com]
Sent: Wednesday, August 27, 2008 9:14 AM
To: Council
Subject: Smoking Ban Enforcement
I was very disappointed to hear the police won't be enforcing the smoking ban. I work downtown in
City Plaza and the problem is widespread. I have noticed smokers by the kids area and was pleased to
hear you wanted to help keep that area safe. My boy is not old enough yet to play on the equipment, but
having it completely clear of smoke will have to happen before I bring my child to the ped mall
area. But then I read this article in the Register:
http://www_desmoinesregis_t_er.._con~/~p ~bcs.dlUarticle?
AID=/20080827/NEWS/808270375/1001 /NEWS.
and saw this:
"Sgt. Troy Kelsay of the Iowa City police said his agency has not been included in smoking ban talks
with the council. But he said police enforcement of the new regulations is unlikely.
"I suppose if it happens in front of (an officer), it could be easily addressed, but that would take time
away from other things," Kelsay said."
If the police don't want to enforce the laws, how do you expect anyone to be compliant? That level of
disrespect is unacceptable. It's bad enough that people use the alley business access to the Plaza as a
short cut to drive their cars through (I see it happen multiple times a week, no enforcement, and
sometimes they drive FAST), but to openly "plan" to ignore a new Council regulation shows the Police
just don't care at all. It explains why the people who run red lights on Gilbert a block from the police
station get away with it too. If it's too much trouble to enforce laws in the area immediately around City
Hall what do you expect people will think about enforcement in general? I'm very disappointed in all of
this.
8/27/2008
www.desmoinesregister.com ~ Printer-friendly article page
I
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August 27, 2008
Iowa City OKs smoking ban expansion
By BEN FORNELL
Register Correspondent
Page 1 of 1
Iowa City, la. -The City Council on Tuesday unanimously approved an expansion of the statewide
smoking ban, a move that other municipalities in the state are also considering.
The proposed ordinance, which would need approval at two more readings to take effect, would ban
smoking near the city's public library and a nearby playground, both of which are along the three-
block Pedestrian Mall.
Smoking would also be banned in some park areas, in city parking ramps, during the U of I
homecoming parade, and within 50 feet of stages during Jazz Fest, Arts Fest and Friday night
concerts.
There would be a $50 non-criminal fine for smoking in these areas and a $300 fine for dropping a
cigarette butt on the Ped Mall.
The state's Smokefree Air Act, which went into effect July 1, bans smoking in most public places but
allows cities to expand the prohibition beyond indoor spaces and to any property under city control.
Many cities are looking at keeping their parks smoke-free, said Jessica Harder, an attorney with the
Iowa League of Cities.
Sgt. Troy Kelsay of the Iowa City police said his agency has not been included in smoking ban talks
with the council. But he said police enforcement of the new regulations is unlikely.
"I suppose if it happens in front of (an officer), it could be easily addressed, but that would take time
away from other things," Kelsay said.
Some nonsmokers feel they can share the Ped Mall with those who want to light up, but they're
concerned that the proposed ordinance -which would mandate the removal of ashtrays in all places
where smoking is banned -would increase litter there.
"I think people should be able to do what they want to do, but be respectful of those around them,"
said Lindsey Davis, 26, an Iowa City resident who said she brings her year-old son to play in the
fountain on the Ped Mall.
"You have to watch him closer, what he picks up," Davis said, motioning toward her son.
Moussa Haidar said he likes to sit on a bench on the Pedestrian Mall and smoke a pipe to relax. He
can't imagine giving up the activity.
"It has become a part of my personality," Haidar said. "When people mention my name, they think of
a pipe."
http ://www. desmoinesregister. com/apps/pbcs. dll/article?AID=/20080827/NE W S/8082703... 8/27/2008
/`~ 1<-c
0
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE N0. 08-4315
ORDINANCE AMENDING TITLE 17 OF THE CITY CODE, ENTITLED "BUILDING AND
HOUSING," CHAPTER 5, ENTITLED, "HOUSING CODE," TO MAKE THE
DEFINITIONS AND OTHER PROVISIONS CONSISTENT WITH THE ZONING CODE
AND BUILDING RELATED CODES AND TO INCREASE THE SAFETY OF OWNER
OCCUPIED AND RENTAL HOUSING.
WHEREAS, as recommended by the Neighborhood Housing Relations Task Force, the Housing
Code was amended in 2003 to address tenant behavior;
WHEREAS, other than the amendment in 2003, the Housing Code has not been amended since
1995;
WHEREAS, the Building, Plumbing, Electrical, Mechanical, Electrical and Fire Codes have been
amended multiple times since 1995, and the Housing Code should reflect the current provisions in these
codes;
WHEREAS, many terms in the Housing Code are also in the new Zoning Code, and the definitions in
the Housing Code should be the same as those in the Zoning Code; and
WHEREAS, it is in the best interest of the City to adopt these amendments for the health and safety
of home owners and tenants.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 3, entitled
"Definitions," is hereby amended by deleting the definitions of Accessory Structure, Duplex,
Dwelling Unit, Family, Habitable Room, Inspector, Kitchen, Reside, and Temporary Housing
and adding the following new definitions:
ACCESSORY BUILDING/USE/STRUCTURE: Abuilding, structure, or use which:
A. Is subordinate to the principal use of the property and contributes to the comfort, convenience or
necessity of occupants, customers, or employees of the principal use; and
B. Is under the same ownership as the principal use or uses on the property; and
C. Does not include structures, structural features, or activities inconsistent with the uses to which
they are accessory; and
D. Except for off street parking located on a separate lot as approved through a special exception, is
located on the same lot as the principal use or uses to which it is accessory.
DUPLEX: A structure in which there are two (2) dwelling units within a single building, and both
dwelling units are located on the same lot.
DWELLING UNIT: Any habitable room or group of adjoining habitable rooms located within a dwelling
and forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking,
eating of meals and sanitation.
FAMILY: One person or two (2) or more persons related by blood, marriage, adoption or placement
by a governmental or social service agency, occupying a dwelling unit as a single housekeeping .
organization. A "family" may also include the following:
A. Two (2), but not more than two (2), persons not related by blood, marriage or adoption; or
B. Up to eight (8) persons with verifiable disabilities, as defined by the fair housing amendments act
of 1988, who are occupying a dwelling unit as a single housekeeping organization.
GUEST: An individual who shares a dwelling on a temporary basis for not more than thirty (30) days
in any given calendar year; or a person who stays in a hospitality oriented retail use.
HABITABLE ROOM: A room or enclosed floor space within a dwelling unit or rooming unit, having a
minimum of seventy (70) square feet of total floor area with not less than 7 feet in any horizontal
dimension, used or intended to be used for living, sleeping, cooking or eating purposes, excluding
bathrooms, toilet rooms, pantries, laundries, foyers, communicating corridors, closets, storage spaces,
stairways and recreation rooms in basements (see definition of Recreation Room In Basement).
INSPECTOR: The official or officials of the city who administer the provisions of the housing, building,
nuisance and zoning codes, together with duly authorized representative(s) and/or agent(s).
KITCHEN: A room used or intended to be used for cooking or the preparation of meals.
OCCUPANT: A person who is physically present in the dwelling and is engaged in activities of daily
living, including but not limited to sleeping, cooking, eating, and sanitation, for at least 31 days in any
calendar year or who is a tenant.
Ordinance No. 08-4315
Page 2
OWNER OCCUPANT: An owner who is physically present in the dwelling and is engaged in
activities of daily living, including but not limited to sleeping, cooking, eating, and sanitation, for at least 90
days in any calendar year.
PORCH: A platform completely covered by a roof located and attached to a building.
TEMPORARY HOUSING: Any tent, trailer, motor home or other structure used for human shelter and
designed to be transportable and not attached to the ground, to another structure or to any utilities system
on the same premises. Such temporary housing may occur for no more than 21 consecutive days nor
exceed a total of 45 days in any calendar year.
TO LET: The granting, either in writing or orally, by the owner or operator to another the right to
possess a dwelling.
2. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 16, entitled
"Certificate of Structure Compliance and Rental Permit" is hereby amended by deleting the first paragraph
in Subsection A and inserting in lieu thereof the following:
Certificate And Permit Required For Rental Property: It shall be a violation of this code for any person,
except an owner occupant, to let to another any dwelling, dwelling unit, duplex, multiple dwelling, rooming
unit (except a rooming unit or units within owner occupied, single-family dwellings, containing no more
unrelated persons than permitted by the zoning ordinance) or rooming houses unless:
3. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 16, entitled
"Certificate of Structure Compliance and Rental Permit" is hereby amended by deleting Subsection C3
and inserting in lieu thereof the following:
Issuance of Permit: When all provisions of section 17-5-19 of this chapter have been complied with by
the owner or operator, the department of housing and inspection services shall issue a rental permit upon
payment of all permit and reinspection fees, the amounts of which shall be established by resolution of
the city council. However, unless the director determines there is good cause, the rental permit shall not
be issued if there are any open building permits on the property, if there are any unpaid judgments
entered against the owner in a municipal infraction for a code violation on the property or on any other
rental property of the owner, or if the owner has failed to cure a violation on the property or on any other
rental property of the owner as ordered by the court.
4. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 16, entitled
"Certificate of Structure Compliance and Rental Permit" " is hereby amended by adding the following new
Paragraph b(4) of Subsection C5:
Violation of this provision authorizes the city to issue municipal infraction citations to any tenant,
whose corrective action is considered necessary by the city to abate and avoid further code violations,
who fails to attend, refuses to sign or subsequently fails or refuse to comply with conditions or
requirements set forth in a code compliance settlement agreement.
5. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 16, entitled
"Certificate of Structure Compliance and Rental Permit" is hereby amended by adding the following new
Paragraph 9g of Subsection C5:
Failure by the owner to pay a judgment or to cure a violation as ordered by the court in a municipal
infraction for a code violation on the property or on any other rental property of the owner. The rental
permit shall be reinstated upon payment of the judgment or abatement of the violation.
6. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 17, entitled,
"Minimum Structure Standards for All Dwellings," is hereby amended by deleting Subsection D and
inserting the following in lieu thereof:
Water Heating Facilities: Every kitchen sink, bath and lavatory basin required in accordance with the
provisions of the housing code shall be properly connected with supplied water heating facilities. Every
supplied water heating facility shall be properly connected and shall be capable of heating water to such a
temperature as to permit an adequate amount of water to be drawn at every kitchen sink and lavatory
basin required under the provisions of the housing code at a temperature of not less than one hundred
ten degrees Fahrenheit (110°F) (43°C). Such supplied water heating facilities shall be capable of meeting
the requirements of this section when the required space heating facilities are not in operation.
7. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 17, entitled,
"Minimum Structure Standards for All Dwellings," is hereby amended by deleting Paragraph a of
Subsection F1 and inserting the following in lieu thereof:
Where at least two (2) exits are required, they shall be independent, unobstructed means of egress
remote from each other, and both shall discharge directly or via corridors or stairways or both to a public
way or yard. If both means of egress are designated to a common corridor, they shall be in opposite
directions immediately upon exiting the dwelling unit or rooming unit, except a common path of travel may
Ordinance No. 08-4315
Page 3
be permitted for the first twenty feet (20'). Dead end corridors shall not exceed twenty feet (20') in length.
Any existing fire escape shall not be deemed a sufficient means of egress unless it is in compliance with
Appendix A of this chapter. Any new fire escape must meet the requirements of the city building and fire
codes.
8. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 17, entitled,
"Minimum Structure Standards for All Dwellings," is hereby amended by deleting Paragraphs f and g of
Subsection F2.
9. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 17, entitled,
"Minimum Structure Standards for All Dwellings," is hereby amended by deleting Subsection 14 and
inserting the following in lieu thereof:
No fuel burning appliance shall be located within any sleeping room or bathroom unless provided with
adequate ducting for air supply from the exterior, and the combustion chamber for such heating unit shall
be sealed from the room in an airtight manner.
10. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 17, entitled,
"Minimum Structure Standards for All Dwellings," is hereby amended by deleting Subsection 15 and
inserting the following in lieu thereof:
Every steam or hot water boiler and every water heater shall be protected against overheating by
appropriate pressure and temperature limit controls. Such controls shall have a properly installed
extension pipe on the pressure relief valve.
11. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 17, entitled,
"Minimum Structure Standards for All Dwellings," is hereby amended by deleting Subsection K2 and
inserting the following in lieu thereof:
Maximum Occupancy: Not more than one family, plus that number of unrelated persons permitted in
the zoning ordinance shall occupy a dwelling unit.
12. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 17, entitled,
"Minimum Structure Standards for All Dwellings," is hereby amended by deleting Subsection L and
inserting the following in lieu thereof:
Fire Protection Equipment: All fire extinguishers and early warning fire protection systems shall be
properly installed according to the city fire, building and housing codes.
13. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 17, entitled,
"Minimum Structure Standards for All Dwellings," is hereby amended by deleting Subsection 15 and
inserting the following in lieu thereof:
Every steam or hot water boiler and every water heater shall be protected against overheating by
appropriate pressure and temperature limit controls. Such controls shall have a properly installed
extension pipe on the pressure relief valve.
14. Title 17, entitled "Building and Mousing," Chapter 5, entitled "Housing Code," Section 18, entitled,
"Minimum Structure Standards for All Rental Housing," is hereby amended by deleting Subsection B and
inserting the following in lieu thereof:
Lighting of Public Halls and Stairways:
1. Public passageways and stairways in dwellings accommodating two (2) dwelling units or rooming
units shall be provided with a convenient wall mounted light switch(es) which activates an adequate
lighting system.
2. Public passageways and stairways in buildings accommodating three (3) or more dwelling units or
rooming units shall be lighted at all times with an artificial lighting system, in accordance with the city
building code.
15. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 18, entitled,
"Minimum Structure Standards for All Rental Housing," is hereby amended by deleting Subsection C and
inserting the following in lieu thereof:
Fire Extinguishers: Fire extinguishers which are approved by the fire marshal shall be provided within
every single-family dwelling, dwelling unit within a duplex and dwelling unit within a multiple dwelling.
Multiple dwellings shall have fire extinguishers located within each laundry room and central mechanical
room; except where these rooms are contiguous, they may be served by one fire extinguisher. Laundry
rooms and central mechanical rooms which are equipped with an automatic sprinkler system are exempt.
The minimum size fire extinguisher is a 5 Ib. 2A 106C. Fire extinguishers must be properly mounted and
in an area of easy access. Rooming houses are required to have a 5 Ib. 2A 106C rated fire extinguisher
supplied on each floor level, including habitable basement areas, and in each kitchen. Fire extinguishers
supplied in areas of public access shall be contained within an approved tamperproof cabinet.
Ordinance No. 08-4315
Page 4
16. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 18, entitled,
"Minimum Structure Standards for All Rental Housing," is hereby amended by deleting Subsection D and
inserting the following in lieu thereof:
Early Warning Fire Protection System: All dwelling units and rooming units shall be provided with
smoke detectors as approved by the fire marshal. Smoke detectors shall be installed in accordance with
the manufacturer's instructions. Dwelling units shall have smoke detectors located on each floor level,
including basements, in each bedroom, and hallways serving bedrooms. Multi-family and rooming houses
shall have smoke detectors in common corridors, stair towers and stairways constructed prior to 1978.
Smoke detectors shall be operable at all times, and when actuated, the detector shall provide an alarm
for the dwelling unit(s) or rooming unit(s). An owner or owner's agent of a multiple unit residential building,
rooming house, duplex or single-family dwelling shall supply light-emitting smoke detectors, upon request,
for a tenant with a hearing impairment. New construction and remodeling shall be in accordance with the
city building code.
17. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 18, entitled,
"Minimum Structure Standards for All Rental Housing," is hereby amended by deleting Subsection F and
inserting the following in lieu thereof:
Lead Based Paint: Every owner or operator of a dwelling unit or rooming unit being let for rent and/or
occupancy shall certify that the dwelling is in accordance with HUD lead based paint regulations, 24 CFR
Part 35, issued pursuant to the lead based paint poisoning prevention act, as amended.
18. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled,
"Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby
amended by deleting Paragraph c of Subsection Al and inserting the following in lieu thereof:
The required occupancy separations shalt be provided and maintained in all structures having mixed
or multiple occupancies. The one hour occupancy separation between dwellings and garages shall be
provided regardless of the date of construction and may be limited to the installation of materials
approved for one hour fire resistive construction on the garage side and a tight fitting, twenty (20) minute
rated door or approved equivalent opening protection as required by the city building code.
19. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled,
"Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby
amended by deleting Subsection G1 and inserting the following in lieu thereof:
Every means of egress shall be maintained in good condition and shall be free of obstruction at all
times. Fire escapes, exit corridors, exit stairways and escape and rescue windows and any other means
of egress shall be maintained in a good state of repair at all times. Exit signs, emergency lighting, early
warning systems and sprinkler systems shall be maintained in good condition at all times. Required fire
doors shall be maintained self-closing and self-latching as required by the city building code.
20. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled,
"Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby
amended by deleting Subsection I and inserting the following in lieu thereof:
Electrical System: The electrical system of every dwelling or accessory structure shall not, by reason
of overloading, dilapidation, lack of insulation, improper fusing or for any other cause, expose the
occupants to hazards of electrical shock or fire, and every electrical receptacle, switch and fixture shall be
complete as manufactured and maintained in a good and safe working condition. Only approved
extension cords and multiplug adapters or other devices approved by the inspector shall be allowed. All
electrical wiring newly installed or replaced shall be in compliance with the city electrical code.
21. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled,
"Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby
amended by deleting Subsection J and inserting the following in lieu thereof:
Plumbing System: Every supplied plumbing fixture, water piping and waste piping shall be maintained
in a good and sanitary condition. All plumbing installed or replaced shall be so designed as to prevent
contamination of the water supply through backflow, back siphonage or cross connection. All plumbing
newly installed or replaced shall be incompliance with the city plumbing code. A minimum water pressure.
of fifteen (15) pounds shall be maintained to all open outlets at all times.
22. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled,
"Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby
amended by deleting Subsection K and inserting the following in lieu thereof:
Gas Piping and Appliances: All gas piping shall be properly installed, properly supported and shall be
maintained free of leaks, corrosion or obstruction so as to reduce gas pressure or volume. Every gas
appliance shall be connected to a gas line with solid metal piping or approved listed metal appliance
Ordinance No. 08-4315
Page 5
connector preceded by an approved listed shutoff valve. Gas pressure shall be adequate to permit a
proper flow of gas from all open gas valves at all times. All gas piping shall be in compliance with the city
plumbing code.
23. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled,
"Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby
amended by deleting Subsection Q1 and inserting the following in lieu thereof:
All fire extinguishing devices and all early warning fire protection systems shall be maintained in good
working condition at all times. All fire protection equipment and early warning equipment shall be
maintained in compliance with the city fire code and subsections 17-5-18C and D of this chapter.
Buildings which are required to have an automatic fire alarm system shall have that alarm system tested
annually by a qualified alarm technician to certify that the alarm system is in compliance with the current
standard of NFPA 72, as amended. Buildings which are required to have an automatic sprinkling system
shall have that system tested biennially by a qualified sprinkler system technician to certify that the
system is in compliance with the current standard of NFPA chapter 25, as amended.
24. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled,
"Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby
amended by deleting Subsection R and inserting the following in lieu thereof:
Guardrails and Handrails: All guardrails and handrails shall be maintained in a safe and sound
condition at all times. Guardrails shall be provided where there is an abrupt elevation change exceeding
thirty inches (30") adjacent to pedestrian areas. Guardrails and handrails which are newly installed or
replaced shall comply with the city building code.
25. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled,
"Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby
amended by adding the following new Subsection V3:
No owner or operator shall keep, store or maintain outdoors any indoor upholstered furniture,
household furniture or household furnishing not manufactured for outdoor use, including, but not limited
to, upholstered chairs and couches. Upholstered furniture means any furniture constructed with stuffing or
cushions or springs, not intended for outdoor use. The term "outdoor" includes a porch. However, the use,
storage or placement of household appliances, household furniture or household furnishings on a porch is
not prohibited if the porch is completely enclosed by fully intact glass or fully intact screens. The following
shall constitute an affirmative defense to any alleged violation of this provision: a) That the furniture was
temporarily placed outside during the move of a resident; or b) That the furniture was temporarily placed
outside during the hours of 6:00 am to 6:00 pm in order that it be offered for sale at a yard or garage sale
and that a sign visible from the right of way is placed on or near the furniture indicating that it is for sale.
The second defense is not available if the furniture is located outside for more than two days in any six-
month period.
26. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled,
"Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby
amended by deleting Subsection X2 and inserting the following in lieu thereof:
No room shall be used as a habitable room unless certified as a habitable room at the time the
certificate of structure compliance is issued or amended.
27. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 20, entitled
"Responsibilities of Occupants Relating to the Maintenance and Occupancy of Premises, is hereby
amended by adding the following new Subsection A6:
No occupant shall keep, store or maintain outdoors any indoor upholstered furniture, household
furniture or household furnishing not manufactured for outdoor use, including, but not limited to,
upholstered chairs and couches. Upholstered furniture means any furniture constructed with stuffing or
cushions or springs, not intended for outdoor use. The term "outdoor" includes a porch. However, the use,
storage or placement of household appliances, household furniture or household furnishings on a porch is
not prohibited if the porch is completely enclosed by fully intact glass or fully intact screens. The following
shall constitute an affirmative defense to any alleged violation of this provision: a) That the furniture was
temporarily placed outside during the move of a resident; or b) That the furniture was temporarily placed
outside during the hours of 6:00 am to 6:00 pm in order that it be offered for sale at a yard or garage sale
and that a sign visible from the right of way is placed on or near the furniture indicating that it is for sale.
The second defense is not available if the furniture is located outside for more than two days in any six-
month period.
Ordinance No. 08- 15
Page 6
28. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," is hereby amended
by deleting Exhibit B in its entirety and substituting in lieu thereof the following:
APPENDIX B
GUIDELINES FOR ELIMINATING LEAD BASED PAINT HAZARDS
These guidelines are derived from documents published by the Iowa department of public health
childhood lead poisoning prevention program entitled "Eliminating Lead-Based Paint Hazards."
1. Remove lead-based paint carefully! You should NEVER dry scrape or dry sand lead-based paint
on the inside or outside of your home. Always mist surfaces with water before scraping or sanding
them. Use a tarp or piece of plastic to catch paint chips when you are working on the outside of your
house. This will keep paint chips from falling on the soil. tf you are working outside, close windows to
prevent lead dust from entering the home.
2. DO NOT sandblast or waterblast lead-based paint on the outside of your home. You do not want
the paint chips to end up all over your yard or the neighbor's yard. Sandblasting and waterblasting is safe
ONLY if you have a special machine that will catch the paint chips.
3. Remove furniture, drapes, and if possible, carpet from the room you will work in before starting
work. Cover the floor and furniture that cannot be removed from the room with a sheet of 6 mil plastic.
Seal each room from the rest of the house with plastic while working in it. Be careful not to track dust and
paint chips into other areas of the home.
4. Wear a negative pressure, half-mask respirator with a magenta (purple) HEPA filtration canister.
You can buy these respirators at auto parts stores (used for brake and clutch work). The respirator will
say "HEPA Filters -Asbestos Approved." Be sure to read the instructions for positive and negative facefit
tests and for cleaning the respirator. If the respirator does not fit properly, it will not protect you. It will also
not protect you if it is dirty. These masks do not protect against organic vapors from heat guns or paint
strippers. So, use heat guns and paint strippers only where there is good ventilation. This will help
disperse any organic vapors from the strippers or from heating the paint.
5. Replace the filters on the respirator if they are damaged. You should also replace them if it gets
hard to breathe. This means that the filters are plugging. Wash the facepiece (without the filters) with mild
soap. Store the respirator in a bag outside of the work area.
6. If you have asthma, emphysema, or heart problems, do not try to wear a respirator. Take off the
respirator immediately if you feel short of breath. If you have a perforated eardrum that has not been
repaired, this respirator will not protect you from inhaling lead dust.
7. If you will be using a heat gun, make sure it is aloes-temperature heat gun that operates below
0
1100 F.
8. Do not eat, drink, or smoke until you have left the work area and thoroughly washed your hands
and face. Take a shower, wash your hair, and change clothes before coming in contact with others.
9. Keep pregnant women and children out of the room if you are working on a small project. A small
project would be working on only a few surfaces in one room at a time. For larger projects, keep pregnant
women and children out of the home until you complete the job.
10. After you complete the job, wash all surfaces thoroughly with any household detergent. Vacuum
with a HEPA vacuum or a regular vacuum with microfllter bags. Shampoo carpets using a machine that
pumps liquid into the carpet and pulls it back out.
11. Place paint chips, dust, and pieces of wood in a plastic bag at the end of each day. Put this with
your garbage that will go to the landfill.
After you complete work to eliminate lead-based paint hazards, you must maintain the
remaining lead-based paint in good condition. You should also frequently clean the house. Wash floors,
window sills, areas between the windows, and other places where dust and dirt accumulate at least once
a week. Check the condition of lead-based paint frequently. You need to repair paint when it begins to
deteriorate.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a
municipal infraction as provided for in section 1-4-2D of this Code.
SECTION IV. 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.
Ordinance No. 08-4315
Page 7
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 9th day of September , 2008.
/~ ~ ,1 ~, ~
MA'
ATTEST: ~ l~r~~/ ~ • `~~
CITY~LERK
Approved by
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City Attorney's Office
Suelord/ordhsgcode.doc
Ordinance No. 08-4315
Page 8
It was moved by Wright and seconded by Champion that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey .
x Champion
~_ Correia
x Hayek
x O'Donnell
_~ Wilburn
x Wright
First Consideration 8/26/2008
Vote for passage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright,
Bailey. NAYS: None. ABSENT: None.
Second Consideration -------------
Vote for passage:
Date published 9/17/2008
Moved by Wright, seconded by Champion, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the wetting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Wright, Bailey, Champion, Correia,
Hayek, O'Donnell, Wilburn. NAYS: None. AB-SENT: None.