HomeMy WebLinkAbout2008-09-23 Ordinance
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
ORDINANCE NO. 08-4316
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.
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
Ordinance No. 08-4316
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 23rd day of September , 20 08 .
App ed by
City Attorney's Office ~~~~ O~
PcGdata/staffreports/rez08-0006-ord
Ordinance No. 08-4316
Page 3
It was moved by O'Donnell 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
g Wilburn
x Wright
First Consideration 8/26/2008
Vote for passage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Bailey.
NAYS: Wright. ABSENT: None.
Second Consideration 9 / 9 / 2008
VOteforpaSSage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Bailey.
NAYS: Wright. ABSENT: None.
Date published 101112008
Prepared bv'tnd Retum to Sara F Greenwood Hektoen Asst. City Attomev a10 E Washim~ton St, Iowa City. IA ~22~0, [319)331-SQ30
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 1 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
a>nended, 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
4823-4435 ~)93R.3
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.
Sta-pies 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;
4823-4435-9938.8
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 yeazs 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.
10. 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 ~r~ day of ~ s~' , 2008.
WAL-MART REALTY COMPANY,
an Ar sa c rporation
By
S ~ t-t~s~~
Regional Vice President, Design and Real
Estate
WAL-MART REAL ESTATE BUSINESS
TRUST, a el ware statutory trust
By
s ~ }~ ~
Regional Vice President, Design and Real
Estate
WAL-MART STORES, INC., a Delaware
corpo
By
1 ~
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
CITY OWA CIT , IO A
4
By
Re D. Bailey, Mayor
By „~itt1 ~ • ~aht.l
Marian .Karr, City Clerk
Approved by: uta T~r~C~i/
City Attorney's Office ~ZS/vim
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.
;~S,PT'€.;oT•; w..~,
ROBIN M. LE MEUR
~,aA~ :,`; Benton County
= ~ F~~k ~
• My Commission Expires
"9"•'~;;^ry5"~• May 1, 2013
Notary Pu lic 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 Real Estate Business
Trust, a Delaware statutory trust, on behalf of the trust.
stPT~;y~,,, ROBIN M. LE MEUR
;; ~ ~.~Y ,`. Benton County
°• P~~;: = My Commission Expires
~'99KAN5?y`~ May 1, 2013
Notary Public in and or 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.
,,~ytPT~,;o •,, ROBIN M. LE MEUR
~~o.~Yt Benton County
" t• P~~~ ~ ~
'
9 My Commission Expires
9KANSP~`
' 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
WAIF
an Arl
By _
Name
Title
this day of
MART REALTY COMP,
~nsas corporation /
2008.
CITY OF WA CITY, IOW
By
Regenia D. Ba' ey, yor
WAL-MART A
TRUST, a Del are
By
Name
Title
By
Marian K. I rr, City C
Approv by:
Cit Attorney's Office
ESTATE BUSINESS
utorv trust
WAI~MART STORES, INC., 'Delaware
B
ame
Title
SUPERVALU INC., a Delaware corpora"tion,
successor to RSI-Supervalu Inc., a Delaware
corporation ,, ~ ~ ,
By ~ 61,a Q ~~~~ J
Name IQa N~- u~ ~: l''~ EnID ES ~c-r
Title UIGE P12EJ/~~NT
4823-4435-9938.8
OTHER O
State of , Co t of ss:
This instrument was acknowle before me on the day of ,
2008 by as of Staples, Inc., a Delaware
corporation, on behalf of the co ration.
Notary Public in a~i +d\for the State of
My commission expires:
State of .= ~ '~ !~ U ,County of ~ I~ ~ ss:
-~A
This instrument was acknowledged before me on the o~-d day of ~ u- 6 u-S T ,
2008 by~2oN~14~.~ i ~Y1CNA~as Jj ~~ ,1~1~.e5 i~ A ~ ~v r of Supervalu Inc., a Delaware
corporation, successor to RSI-Supervalu Inc., a Delaware corporation, on behalf of the
corporation. ,,~~~~~ C'AL' I~ ~.,
'~ : :~
~pTARl, ; .
•
~. •~
's ~
S ~''UBLI
J, .~~ ~~.• p ~:
~~'~ ~E~OF„~~.,~~.
C=a---~~ r-- ,
Not ry Public in and for the State of ~_l~/~
My commission expires: Ja. • ~ - 02 d ~ d
CITY OF IOWA CITY ACKNOWLEDGEMENT:
State of Iowa, County of Johnson, ss:
On this o~3 rd day of S~.PrE~n~n 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.
o,~`~~~s SONDRAE FORT
Z ~ Commission Number 159797
My Co mi sion Ex fires
iow 3 ~ o n
Sarrfw~ ~tr-Y~
Notary Public in and for the State of Iowa
My commission expires: 3/?/d~j
4823-4435-9938.8
Staples The Office Superstore, East Inc., a
Delaware corporation
corporation
By ~
N IP1E.1lLt 1! D A l7TA I t
Title CXecutive Vice President, Reai Estate
--~~__
~~r,,..
,DA ~'G
4823-4435-9938.8
OTHER OWNERS' ACKNOWLEDGEMENT
(arnnu~~n~,~e~-Ht+
-S~e of C~~~lu~, County of ~t;,~(~c.~c ss:
This instrument was acknowledged before me on the Z~~ day of (-~,,,,,5 ~ ,
2008 by ~,ulw~ (~. ~u:flw~ as C`k~r4~~i~.~- t~-~- of Staples, Inc., a Delaware
corporation, on behalf of the corporation.
DEBRA T. HINDMAN
Notary Public
~~Commonwealth of Massachusetts
My Commission Expires May 23, 2014
State of
2008
County of
ss:
This instrument was acknowledged before me on the
as
t~~Qn, successor to RSI-Supervalu Inc., a Delaware
day of
of Superval nc., a Delaware
orooratio on behalf of the
Notary Public in ancjifor the State of
My commis~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, personall appeared Regenia .Bailey and Marian K. Karr, to me
personally known, who, being y 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:
_;
Notary Public in and for then-of ('~
Cgmntiv,~c~: tom. ~ ~
My commission expires: 5-f 2 3 ~ZL ~ `#
4823-4435-9938.8
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Marian Karr
From: Regenia Bailey [bailey@avalon.net]
Sent: Thursday, September 11, 2008 5:06 PM
To: Marian Karr
Subject: re: walmart correspondence
-----Original Message-----
From: Aaron Stump [mailto:aaron.stump@gmail.com]
Sent: Thursday, September 11, 2008 12:14 PM
To: regenia-bailey@iowa-city.org; matt-hayek@iowa-city.org; amy-Correia@iowa-city.org; ross-wilburn@iowa-
city.org
Subject: I support the WalMart upgrade
Dear City Councilors Regenia Bailey, Matt Hayek, Amy Correia, and Ross Wilburn,
I am just writing to express my support for City Council approval of
WalMart's request
to replace the WalMart on Highway 1 with a SuperCenter WalMart. I am writing to
you because of a flier I received a couple weekends ago at the Iowa
City Farmer's
Market criticizing your decision to approve consideration, and urging people
to express their disapproval of your action. My wife and I use both Walmarts
frequently, with the one on Highway 1 being much closer to our house. We
would really benefit from an upgrade of that store.
When I saw how angry the anti-Walmart people were about this proposal,
I assumed that Walmart was requesting permission to build a 3rd store. Perhaps
that would have been excessive, I thought, though it should be up to
city government
to decide. When I learned that the issue was just whether or not
Walmart could upgrade
their existing store, it seemed clear to me this should be much more
reasonable. Indeed,
it is from the flier those activists were distributing that I got your emails!
The anti-Walmart people seem to me to want to discriminate against Walmart, for
quite dubious reasons. As I believe I read one city councilperson
saying, if they are
accused of wrongdoing, the courts and the legislature are the places
to address that.
Otherwise, they should be treated like any other company (local or
global) that might
want to conduct business in Iowa City.
Best wishes,
Aaron
Aaron Stump
Associate Professor of Computer Science
The University of Iowa
http://www.cs.u iowa.edu/-astu mp/
9/11 /2008
Marian Karr
From: Mike Wright
Sent: Thursday, September 18, 2008 8:37 AM
To: Marian Karr
Subject: FW: Wal-Mart vote
-----Original Message-----
From: Hau, Lawrence J Jr [mailto:lawrence-hau@uiowa.edu]
Sent: Wed 9/17/2008 11:19 PM
To: Mike Wright
Subject: Wal-Mart vote
Dear Councilor,
I just wanted to pass on my disappointment in your vote against allowing Wal-Mart into
Iowa City. Though admittedly I don't fully understand your vote against the change, I
support a free market and I believe competition is essential to a democratic society. I
hope your vote was not simply against wal-Mart's developed, tested business strategy but
against some other meager zoning concern. I hope you remember how important laissez-faire
is to our society. Please consider this in the future when businesses hope to expand our
local economy and improve the quality of life. Thank you.
Larry Hau
Lawrence Hau
Executive Director of Business and Finance The 10,000 Hours Show of Eastern Iowa
www.10000hoursEI.org
630-802-3041
Do. Good. Well.
,I
* EE
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BUSINESS
JULY 2, 2008 •~STARTRIBUNE.COM <~=;"SWEAT IS THE COLOGNE OF ACCOMPLISHMENT." HEYWOOD BROUN MINNEAPOLIS ST. PAUL 5~
' 'can lus
2 m~lu p Z l~illan
~- 6.5 million: 56s00Q
d Sam s Club
rt
l M
The number of times Wal-Mart broke At $1,000 per violation, the amount
-that Wal-Mart could be fined. A jury What the Judge ordered the company
to pay in damages in the suit, heard an
a
Number of Wa
employees in Minnesota included in
Minnesota labor laws during six
years, according to Judge Robert King. will decide the actual amount. in Dakota County District Court. the class-action suit.
Wal-Mart hammered by judge
• A Dakota County ruling
called the retailer's treatment
of workers "dehumanizing."
sy H.J. cuNtNtnls
hcummins@staztribune.com
Wal-Mart Stores Inc. broke Min-
nesotalaborlaw more than 2 million
times over six;years, routinely forc-
ing some employees to work off the
clock through lunch and rest breaks,
a Dakota County judge has ruled.
The violations were willful, said
District Judge Robert King in a rul-
ingMonday inHastings.They could
bring apenaltyofup to $1,000 pervi-
olation, which could mean a $2 bil-
lion finefortheworld's largest retail-
er. A jury will decide the size of the
penalty during the second phase of
the trial, expected to begin Oct. 20.
Nancy. Braun, one of four named
plaintiffs on the suit, said Tuesday
that she • was "ecstatic" about
"'the judge's decision. Braun, who
worked in an Apple Valley store
for 8bout:l4 months beginning in
March 1998, said the store repeat-
edly didntt fmd people to give her
breaks when she was the sole cook
and waitress at the store's grill,
In several instances no one came
__ intime forher to go to the bathroom
"I would end u)3 soiling myselli"said
Braun, now 5~ and living in Roch-
ester "Sometimes I'd have other
clotheswithme inmylocker, or they
~` .> ~-ould say to me, `We have clo~hes in
,the store you can buy."'
WahlVl~t aoniiaues on A10 -
J0~.1V1C1.ElS PIS1C •,)I[LC1C18LCil: SCtuu{Gwlc.wa,~
.Nancy Braun, in front of a store in Rochester, is a lead plaintiff in the class-action suit. She worked at aural-Mart
in Apple Valley, where she said she repeatedly wasn't given breaks even to go to the bathroom.
(t WE T'a'i ,VII ~F.NA A- (< VN~'RE PLEASED TI3E CQURT RULED
LOUD'MESSAGE TO VNAL-MART THAT IN OUR FAVOR ON MANY POINTS, [BUT]
COMPLIANCE WITH WAGE AND HOUR WE DO RESPECTFULLY DISAGREE
LAW IS II~IPORTANT. )> WITH PORTIONS OF 1'HE DECLSION. N
Attorney Jon Parritz ;~: Wal-Mart spokeswoman Daphne Moore
___ - ---_ _, _~,v.
- ---
.`Judge: Wal-Mart flouted state'slabor laws
~ WAL-MART FROM Ai
Braun said she kept com-
plaining, "and they kept prom-
ising to get me help, but they
never did it"
In his ruling, King especial-
lynoted Braun's treatment and
a similaz episode with a men-
struating employee, calling it
"dehumanizing and reprehen-
sible" but also an "aberration."
Wal-Mart is reviewing the
ruling and considering an ap-
peal, said spokeswoman Daph-
ne Moore, at the company's
Bentonville, Ark., headquaz-
ters. "We're pleased the court
ruled in our favor on many
points, [but] we do respectful-
lydisagree with portions of the
decision."
Suit was filed in 2001
The judge's ruling comes
seven years after the suit was
filed. "We think this will send a
loud message to Wal-Mart that
compliance with wage and
hour law is important, and em-
ployees will have their day in
court," said Jon Pamtz in Min-
neapolis, one of the attorneys
representing about 56,000 Wal-
Mart and Sam's Club employ-
ees inMinnesota intheir class-
action lawsuit. Monday's or-
deralso awazdsplaintiffs more
than $6.5 million in damages.
It is one of dozens of similar
employment lawsuits across
the country against the dis-
count retailer that has worked
recently to overcome its long-
time anti-labor image. Judg-
ments so far have gone both
ways, but Parritz expects the
Minnesota ruling to have wide
influence because it is the first
to be issued by a judge instead
of a jury.
"There are L50 pages of de-
tailedanalysis of the evidence,
not something that is part of a
jury ruling>„ he said.
`Heads in the sand'
From September of 1998
through January 2004, the
judge said, Wal-Mart viola-
tions of Minnesota law includ-
ing underpaying employees
for 1.5 million rest breaks, de-
nying them 74,000 meal breaks
and not paying them for 70,000
training sessions. He also said
that payroll records for 325,000
shifts were missing.
LABOR STRg'E
Wal-Mart has had a history of litigious labor relations.
2007: Wal-Mart agrees to pay more than $ 3 3
million in back wages to thousands of employ-
ees for paying too little overtirrte over the past
five years. The company turned itself in to the
U.S. Labor Departrnent after the errors were dis-
covered in an intemalaudit.
2006: Agrees to include birth control in its
basichealth insurance coverage. The action dis-
misses aclass-action suit filed in 2001 alleging
that the company's prescription drug benefit
discriminated against women in its failure to
cover contraceptives.
2005: Fined $il million for using about 345
illegal immigrants as contract janitors at stores in
21 states.
2004: A federal judge in California rules that
a lawsuit initially brought in 2001 accusing
Wal-Mart of discriminating against women
can proceed as a nationwide class-action po-
tentially covering 1.6 mrllion current and for-
meremployees. It isthelargest workplace-bias
lawsuit in U.S. history The case is ongoing.
2004: Settles a lawsuit filed in Texas courts
over its practice of taking out life insurance on
employees and making itself the beneficiary.
Terms of the settlement were not disclosed.
2001 to 2008: Nearly 40 ``off-the-clock"
class-action lawsuits are filed nationwide al-
legingthat the company did not provide work
breaks. In 2006, workers in Pennsylvania won
a $78.5 million judgment. In 2005, a California
court awarded workers $172 million.
Source: News services
WAL-MART vs. TARGEP
Wal-Mart has relatively more
legaltangles with its employees
than rival Tazget Corp. In the past
fouryeazs, Wal-Mart been the
target of 298 employment
lawsuits of the type that was
decided'Itresday.7hat represents
about 10.5 percent of all
litigation against Wal-Mart.
Target Corp. has 28 employment
suits over the same period, which
account for about 7.9 percent of
all its litigation. Wal-Mart had
2008 revenues of $379 billion;
Tazget's 2008 revenues were
$63.4 billion.
EMPLOYMENT
LAWSUITS
Wal-Mart
Tazget
15
y 8 3
'05 '06 '07 '08
Source: Bloomberg News; company lOK filings Staz Tribune
weight on an internal audit
by Wal-Mart during one June
week in 2000 that document-
edtens of thousands of missed
rest and meal breaks at 127 of
128 audited stores, including
six in Minnesota. The audi-
tor's warning of "adverse con-
sequences" as aresult went to
more than 50 senior Wal-Mart
managers, including then-pres-
ident Tom Coughlin.
"Wal-Mart management re-
sponded to the audits with no
action,"the judge wrote. "In es-
sence, they put their heads in
the sand."
As part of its defense, the
company azgued that the au-
dit was ignored because it was
"methodologically unsound;'
and that time-clock data is
unreliable because employ-
ees often take breaks forget-
punch out.
On Tuesday, Moore also re-
iterated this company policy:
"It is to pay every associate
for every hour worked, and to
make sure rest and meal breaks
are available," Moore said. "Any
manager who violates that pol-
icy issubject todiscipline up to
and including termination."
`One step backward'
As a recent report from the
Federal Reserve Bank of Min-
neapolis notes, Wal-Mart has
the contradictory title of be-
ing both the most popular re-
tailer inthe world -with neaz-
ly 7,300 stores and revenues of
$344 billion in 2007 -and pub-
licenemy No. 1.
Unions and citizens groups
began waging all-out war on
Wal-Mart in early 2005 over
er conditions and its reliance
on overseas labor Nand mate-
rials. Wal-Mart responded
by donating billions to chaz-
ities, stepping in after disas-
ters such as Hurricane Katrina
and pledging to become abet-
terenvironmental citizen. And
several retail analysts said they
don't expect Monday's deci-
sion todeter Wal-Mart custom-
ers, long drawn by its "Always
Low Prices" slogan, which was
replaced last year with "Save
Money. Live Better."
Still, Monday's ruling is a
setback for Wal-Mart, said Britt
Beemer, retail analyst at Amer-
ica's Research Group.
"It's one step backward for
them in Minnesota, which ob-
viously is an issue because
their biggest rival, Target, is
based there," Beemer said.
Target also happens to be
the current employer of lead
plaintiff Braun. "I let them
know up front what was going
on, so they'd be forewarned;'
she said. "They've been very
accommodating. They told me
if I needed time to just let them
know"
The Minneapolis law firms
Maslon Edelman Borman &
Brand and Schwebel, Goetz &
Sieben represented the plain-
tiffs.
Wal-Mart's stock closed at
$57.03, up 83 cents, on Tuesday,
and gained another 20 cents in
after-hours trading.
Staff writer Jackie Crosby contributed to
this report.
~ ii
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 08-4317
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.
and approved tJxf~ 23rd day of September , 2008.
Approved by
~~~ ~- S ,o
U _ `~ City Attorney's Office
ATTEST: ~~is~ ~t~
CITY RK
Ordinance No. 08-4317
Page 2
It was moved by 0' Donnell and seconded by Champion that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
_~ Bailey
x Champion
~_ Correia
x Hayek
x O'Donnell
g Wilburn
x Wright
First Consideration 9 / 9 / 2008
Vote for passage: AYES: Hayek, O'Donnell,
NAYS: Bailey. ABSENT: None.
Second Consideration --------------
Vote for passage:
Wilburn, Wright, Champion, Correia.
Date published 10/1/2008
Moved by O'Donnell, 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: Bailey, Champion,Correia,
Hayek, O'Donnell, Wilburn. NAYS: Wright. ABSENT: None.