HomeMy WebLinkAbout1989 Ordinance Books ORDINANCES BOOK NO. 30 #89- 3400 to #89- 3412
PAGE ORD. NO. TITLE DATE
1 3400 Ord. amending the Zoning Ord. by changing the Use 1/10/89
Regulations of Certain Property located at 1476 1st
Ave. from I-1 to CC-2.
2 3401 An ord. Vacating a Portion of U.S. Highway 6 By-Pass 1/24/89
Right of Way.
3 3402 Ord. to vacate an unimproved portion of First Ave. 2/21/89
between J Street and the Iowa Interstate Railway,
a 360 foot unimproved N/S Alley between First and
Second Ave.s and a 175 foot unimproved E/W alley
along the Northern R-O-W line of the Iowa Inter-
state Railway.
4 3403 Ord. amending Chapter 36, entitled "Zoning Ord- 2/28/89
inance" of the Code of Ord. of the City of I.C.
Ia. , by amending section 36-15 therein to make
the setback requirements for High-rise dwellings
consistent with the Building Code.
5 3404 Ord. amending the Zoning Ord. by changing the Use 4/18/89
Regulations of Certain Property located South of
Plaen View Dr. and E. of Mormon Trek Boulevard.
6 3405 Ord. to Rezone acre parcel located at the NE
quadrant of the Benton St. and Mormon Trek Blvd.
intersection from RS-5 to PDH-S.
7 3406 Ord. amending Chapter 8, Article II, The Building 5/2/89
Code Standards, 1988 Edition and the 1988 Edition
of the Uniform Building Code edited by the inter-
national confernece of Building Officials, and
providing for certain amendments thereof, to pro-
vide for the protection of the health, welfare $
safety of the citizens of I.C. Ia.
8 3407 Ord. amending Chapter 8, Article IV, The Mechanical
Code, by adopting the 1988 Edition of the Uniform
Mechinical Code with certain amendments thereto.
9 3408 Ord. amending Chapter 12, entitled Fire Prevention
and Protection of the code of ord. of the City of
I.C. by amending Setion 12-16, 12-18, 12-19, 12-20,
12-21 and 12-47, therein to, respectively, adopt
the 1988 edition of the Uniform Fire Code with
certain amendments and providing for inspection
fees.
10 3409 Ord. amending Chapter 8, Article III, The Dangerous
Bldg. Code, by adopting the 1988 Edition of the Uni-
form Code for the abatement of Dangerous Bldgs. with
certain amendments thereto.
11 3410 Ord. amending the Zoning Ord. by changing the 5/16/89
dimensional requirements of certain property located
at 1705-1709 H Street, 1105-1107 Sixth Ave. and 1109-
1111 Sixth Ave. from RS-8 to RS-12.
12 3411 Ord. amending the Zoning ord. by changing the Zoning
classification of a 19,800 sq. feet parcel on the
West Side of Broadway Street at 2105 Broadway Street.
13 3412 Ord. amending Chapter 36 entitled "Zoning Ord."
therein to permit neighborhood centers in Resident-
ial Zones.
ORDINANCES BOOK NO. 30 #89= 3413 to #89- 3425
PAGE k9lw. NO. TITLE ,DATE
14 3413 Ord. amending Chapter 15 of the Code of Ord. of the 5/16/89
City of I.C. Ia. by reapealing section 15-66 there-
of, and enacting in lieu thereof a new code section
to be codified the same, providing for the estab-
lishment of a delinquency deposit for combined water
and/or sewer and/or solid waste collection accounts.
15 3414 Ord. amending Chapter 32.1 entitled "Taxation and
Revenues" of the Code of ORd. of the City of I.C. by
amending sections 32.1-55 and 32.1-73 therein, to
revise water service charges and fees, increase fee
for temporary water use during const. and establish
a delinquency deposit, combined, for city water and
or sewer and/or solid waste collection accounts.
16 3415 Ord. amending Chapter 33 of the Code of Ord. of the
City of I.C. Ia. by repealing sections 33-149,
33-163, 33-164, 33-165 and 33-169 thereof, and
enacting in liew thereof new sections to be codified
the same. Second water meters, fees for second
water meters, delinquent deposit for combined water
and/or sewer/solid waste collection/tenant acct.
and deleting subsections (d) and (e) from Section
33-154 due to the inclusion of those provisions
in other sections.
17 3416 Ord. approving an amended preliminary Planned Dev. 6/13/89
Housing plan for Housing for Summit Place. Located
at the southeast corner of the Kirkwood Ave. and
Marcy Street intersection. S-8910
18 3417 Ord. changing the use regulations of certain
property generally located S. of Hilltop Mobile
Home Park and W. of existing Pepperwood Add. dev.
on Sandusky and Pepper drives extended from ID-RM
to RS-5. Z-8903.
19 3418 Ord. to rezone approx. 28 acres along Highway 1 W.
from I-1 to CC-2. Z-8902.
20 3419 Ord. to zone a portion of the vacated Hollywood Blvd.
R-O-W to Commercial Office CO-1.
21 3420 Ord. amending Chapter 34, Article III of the Code of
Ordinances of the City of I.C. "Weed Control. The
provision which makes failure to control weeds a
nuisance, and providing for year round enforcement
of weed control.
22 3421 Ord. vacating portions of LaFayette Street 6/27/89
23 3422 Ord. amending Chapter 23, "Motor Vehicles and Traffic"
of the Code of Ord. of the City of I.C. Ia. by amend-
ing Section 23-189 therein to change Speed Limits on
parts of N. Dubuque Rd. and Scott Blvd.
24 3423 Ord. vatting a public walkway easement within Pepper- 7/11/89
wood Addition, Part 2.
25 3424 Ord. amending Chapter 36, entitled "Zoning Ordinance"
by amending sections 36-4 and 36-56 to eliminate
certain Child Care providers from the Zoning Ordinance
regulations for Child Care facilities and to extend
the hours of House Calls for Home Occupations.
26 3425 Ord. to approve Oberlin Estates, a preliminary and
Final Planned Dev. Hsg. Plan and to rezone Lots 100
& 106 of Court Hill-Scott Blvd. Addition from RM-20
$ RS-5 to PDH-8.
ORDINANCES BOOK NO. 30 #89-3426 to 89-
PAGE ORD. NO. TITLE DATE
27 3426 Ord. vacating a portion of First Street R-O-W 7/25/89
extending West of Gilbert Street.
28 3427 Ord. amending Chapter 15, entitled "Garbage,
Trash, and Refuse. New sections to be codified
the same, defining appliances, providing for the
collection and disposal of appliances and tires,
providing for the disposal of vehicle batteries
and waste oil, estab. fees for the collection or
disposal of such items, declaring that certain
solid wastes are not subject to collection, and
providing penalties for placing such wastes for
collection.
ORDINANCES BOOK NO. 31 #89-3428 to #89-3443
PAGE ORD. NO. TITLE DATE
29 3428 Ord. amending Chapter 32.1, "Taxation and Revenues" 8/8/89
by repealing Section 32.1-55 thereof, and enacting
in lieu thereof a new section to be codified the
same, setting the amounts of fees for the collection
of appliances and tires and for the disposal of
appliances and tires at the landfill, and increasing
the minimum fee for landfill use.
30 3429 Ord. to amend Chapter 36, the Zoning Ord. by amending 8/22/89
section 36-4(c) and 36-23(b) to define consignment
stores and to permit them in the commercial inten-
sive zone.
31 3430 Ord. amending Chapter 32.1, entitled "Taxation and 9/5/89
Revenues" of the Code of Ordinances of the City of
I.C. , Ia. , by amending Section 32.1-63 therein to
add new permit fees for the Capitol Street Parking
Ramp and Central Business District Lots.
32 3431 Ord. to amend Chapter 36, Zoning Ordinance, to permit 9/19/89
fences up to six feet in height within a front yard
abutting an artierial street.
33 3432 Ord. to amend the zoning ord. to permit an increase
in building height and floor area ratio in the
commercial office, CO-1, Zone.
34 3433 Ord. to amend the Zoning ord. to clarigy the rules
of construction for boundaries of zones.
35 3434 Ord. to amend the zoning ord. changing property 10/17/89
located 615 E. Jefferson from RNC-20 to CO-1.
(Pediatric Assoc. )
36 3435 Ord. Vacate Olympic Circle west of Boyrum Street.
37 3436 Ord. Amend Zoning Ord. Land South of Ventura Ave. on
N. Dubuque St. (Old Hwy. 218) from PDH-12 to RS-5.
38 3437 Ord. to vacate the easterly ten feet of Linn 11/14/89
St. between Harrison St . and Ralston Creek
and the Southerly ten feet of Harrison St.
between Maiden Lane and Linn Street .
39 3438 Ord. amending the Conditional Zoning Agree-
ment between Plum Grove Acres , Inc. and the
City of I .C . for the subdivision known as
First and Rochester , Part Three .
40 3439 Ord. amending the Zoning Ord. by changing
the use regulations of certain property in
NW I .C . generally located NE of U. S . Hwy.
218 and W. of Camp Cardinal Road from ID-
ORP to ID-Rs .
41 3440 Ord. to amend Chapter 36-18 , the Zoning
Ord. regulations for the Neighborhood
Commercial , CN-1 Zone, to permit office
and other uses in the Zone .
42 3441 Ord. to amend Chapter 36 , the Zoning Ord.
to define Variety Stores .
43 3442 Ord. amending the Zoning Ord. by condit-
ionally changing the Use regulations of
certain property located at 2602 Rochester
Ave. from ID-RS to RS-5 .
44 3443 Ord. to vacate a Utility Easement in Blk.
47 , Iowa City, Iowa.
ORDINANCES BOOK NO. 31 #89-3444 to #89-
PAGE ORD. NO. TITLE DATE
45 3444 Ord. to change the name of Dynevor Circle 11/21/89
to Little Creek Lane.
46 3445 Ord. amending Chapter 17 of the Code of
Ord. of the City of I .C . by amending sections
17-2 and 17-3 to require owners of rental
property not residents of Jo . Co. and condo-
minium assoc. to designate a local agent em-
powered to represent a property owner(s) con-
cerning compliance with the Iowa City' s
Housing Code .
� t
ORDINANCE N0. 89-3400
AN ORDINANCE AMENDING 1HE ZONING ORDINANCE BY
CHANGING THE USE REGULATICtS OF CERTAIN PROPERTY
LOCATED AT 1476 FIRST AVENJE FROM I-1 TO CC-2.
WHEREAS, the property described belay is adjacent
to properties zoned CC-2 and which have developed
for camercial purposes; and
WNRFAS, the property's only means of access is
through an existing commercial development and its
orientation is toward surranding camiercial uses
and away fran adjacent industrial development; and
WHEREAS, it is appropriate to allay the property
to be used for camercial uses compatible with
surrounding camercial development.
NOW, TFfREFORE, BE IT GRIMED BY THE CITY
COUHJCIL OF 1HE CITY OF IOWA CITY, IOWA:
SECTION I. ZCHJIN3 PMENENENT. That the property
described below is hereby reclassified from its
present classification of I-1 to CC-2:
Beginning at the concrete monuient which marks
the corner common to Sections 13, 14, 23, 24,
Township 79 North, Range 6 Vhst of the 5th P.M.
thence due north 144.24 feet along the east
line of Lot 2 Ohl's Subdivision, Iowa City,
Johnson County, Iava; thence North 89°58'40"
East, 176.00 feet; thence South 27°53'40" West,
375.31 feet; thence North 00°05'20" West,
136.38 feet; thence North 00°05'20" West, 51.05
feet along the east line of Lot 2, Ohl's
Subdivision to the point of beginning; except-
ing therefrun the following tract:
Beginning at the concrete monument which
marks the corner cannon to Sections 13, 14, 23
and 24, Township 79 North, Range 6 West of the
5th P.M. thence South 10 feet along the east
line of Lot 2, Ohl's Subdivision, Iava City,
Johnson County, Iawa, to the place of
beginning; thence, continuing in a southerly
direction along the section line, South
OO°05'20" East 177.43 feet to a point; thence
North 27°53'40" East 160 feet; thence North
64°25'00" West 83.35 feet nure or less to the
point of beginning, and is subject to easeisits
and restrictions of Record.
SECTION II. ZCNING MAP. The Building Inspector is
hereby authorized and directed to change the zoning
map of the City of Iava City, Iava, to conform to
this amendment upon final passage, approval and
publication of this Ordinance as provided by law.
SECTION III. CERTIFICATICi AND FEO]DIN3. The City
Clerk is hereby authorized and directed to certify a
copy of this Ordinance which shall be recorded at
the Office of the County Recorder of Jdnsm Comity,
Iava.
Ordinance No. 89-3400
Page 2
SECTION IV. REPEALER. All ordinances and parts of
ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTICN V. SEVERABILITY CLAUSE. If any of the
provisions of this Ordinance are for any reason
declared illegal or void, then the larful provisions
of this Ordinance, which are severable from said
unlawful provisions, shall be and retain in full
force and effect, the sane as if the Ordinance
contained no illegal or void provisions.
SECTION VI. EFFECTIVE DATE. This Ordinance shall
be in force and effect from and after its final
passage and publication as by law provided.
Passed and approved this 10th day of
January, 1989.
ATTEST:-4,,,A,_;,,,) /f. ,e44.-1C CLERK
49
,. :4
Lega Department
It was moved by Courtney and seconded by Ambrisco
that the Ordinance as read by adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Larson
X McDonald
First Consideration 12/21/88
Vote for passage: Ayes: McDonald, Ambrisco, Balmer, Horowitz,
Larson. Nays: None. Absent: Courtney.
•
Second Consideration
Vote for passage:
Date published 1/18/89
Moved by Courtney, seconded by Ambrisco, 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: Courtney, Horowitz, Larson, McDonald, Ambrisco,
Balmer. Nays: None. Absent: None.
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
STATE OF IOWA
) SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3400 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
10th day of January , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 18th day of January , 1989
Dated at Iowa City, Iowa, this 7th day of February ,1989
'a ona Parrott, Deputy City Cigrk
OFFICIAL PUBLICATION
, -h MIME ND. 89-3400
1
'so MACE Ml r a TIE ICF COMM cinema se
L A11 s lit t'Q R AYLNE111 CF -110C Kam
::LOCATED AT 1476 FIRST/MILE FMH I-1 TO CC-2. �.
/9,Lf _Aa� �-2 l��edevelgrei
`
abed
Printer's fee$ --for comemial purposes;ad
E EA6, the property's only was of amendsCERTIFICATE OF PUBLICATION - M-thratt at Foisting caneidal derelupimt and its
--orientation is taaid anomdirg comercial uses.
STATE OF IOWA, Johnson County, ss: and aay frau adjacent industrial dvelopoit;and
IfIE/S, it is appropriate to alloy the property
THE IOWA CITY PRESS-CITIZEN =<to he used for mmercial uses mpatible-with .
su rasdirg amential ovehpimt.
FRN, liP. BE IT O414DED BY 1W Cm
,.WICIL Cf lIE cm CF IW4cITY,ma:
aaicii i 3Pilra iLUDI N[. That tie property
described tetra is hereby reclassified free its
I _,presait classification of 1-1 to CC-2:
Carol Barr, beingdulysworn, thatI - iepmiegatthe coneteruuitodaraaiz
saythe comer mem to Sections 13, 14, 23, 24,
am the legal clerk of the IOWA CITY .. Twdip 79 North, Rave 6 Nott of tie ash Pit
PRESS-CITIZEN, a newspaper , theme we nth 144.24 feet mag tie east
lire of Lot 2 Chi's SMdivisim, Tea City,
published in said county, and that a Jcleson Canty, lea; therm03 feet; tierce North 29'58'40
notice, a printed copy of which is hereto • 35.3117fatt; thence North 01'05'2dy Fit,
attached, was published in said paper -- 136.38 feet; thence Itrth°B'os's"Nast, a•h
`' feet along the east lire of Lot 2, Ill's
__I_____ time(s), on the following Strlivision to tie point of mhimirg; moot-
date(s): _ hg that-diva the foaming tract:
Bngimirg at tie concrete mamrt Midi
It,
cans the comer carnal to Sections 13, 14, 23 I
a��/ i /er 6 and 24, Tayship 79 North, Range 6 West of the
;(iTr(//C/�/ 5th p.N. three South 10 feet alae the east
lira of Lot 2, Chi's Subdivision be City,
!/ _ Janson Coady, las, to tie place of
,1
"l tegimirg; there, =timing in a southerly
dati/SS
direction alag the section lire, Sadh
WO5'20" East 177.43 fret to a point; thence
North 27'53'40' East 160 feet; thence North
Legal Clerk64'25'00" West 83.35 fret nave or less to the
gpoint of begiming, ad is sines to easarillts
ad restrictions of pend.
SECTIO!II. TONINS NAP. lie Building Inspector is
Subscri a•d and sworn to before me -hereby authorised and directed to change the zoning
asp of the City of las City, lea, to cmfonn to
this areMmt upon final passage, a{Pre al a
thi♦ /ma' day of , A.D. PLlicettal of thisaunarce as po hied kf the lay.
m'CIW III CSRCIFFUITION xn IflIIdllifi. city
diF Clerk is hereby authorized a directed to ratify a
I `.a�''��as �a4Y of this Ordinance Mich shall he at
19 ?� =the Office of tie Cally MnNer of Jdnav ,
' Iola.
_ . 19 i —Iota. 1 IV I�fALFR. All Foie petvi and parts of
/1-W`�p V preinan65 to conflict with the provisions of this
Notary , otehaare Manby resealed.
Public ste-'SECTION V. SFVBFABILm CLIME. If any of the
'. provisions of this odinante are far any reason
c r SriARON STUBBS tared illegal or void, then the lawful parisivs
t this Ordinate, Mith are severable iron said
• o `!of
mladul provisions, shall be and remin in full
,fora and effect, the sate as if the Odinanice
'contained no illegal a'void pnvisiva.
`'.SECTION VI. EFFECTIVE CATE. This Ordinate shall
' 'b0 in fpassee orce andeffectFra la after tere its final!
this 10th day di
- ' ,y Passed and approval wary, 1989.
.,.E
. i.`129216 Cf[7i''!f'AT,15f:7 ar J 2r- Teen✓ -
January 10,1919
Ore . LocA.--
ORDINANCE NO. 89-3401
AN ORDINANCE VACATING A PORTION OF U.S. HIGHWAY 6
BY-PASS RIGHT-OF-WAY.
WHEREAS, the Iowa State Highway Carmission
granted to the City the right of jurisdiction over
the excess highway right-of-way in 1966 for the
purpose of constructing and maintaining a frontage
road; and
WHEREAS, due to changes in traffic patterns and
the previous vacation of a portion of the excess
right-of-way to the east to Hy-Vee, the frontage
road concept is no longer feasible; and
WHEREAS, the owner of ROBO Car Dash has expressed
interest in acquiring the excess right-of-way in
order to expand the parking area; and
WHEREAS, the excess right-of-way is not needed
for the proper function of the highway and its
vacation would restore it to productive use and
place it back on the tax rolls.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COLNCIL OF THE CITY OF ICWA CITY, IOWA:
SECTION I. VACATINN. That the City of Iowa City
hereby vacates that portion of excess U.S. Highly 6
By-Pass right-of-way as described in the attached
Exhibits A and B.
SECTICN II. REPEALER: All ordinances and parts
of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION III. SEVERABILITY: If any section,
provision or part of the Ordinance shall be adju±j d
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. EFFECTIVE DATE: This Ordinance
shall be in effect after its final passage, approval
and publication as required by law.
Passed and approved this 24th day of ioJuary 1989.
a't-
/r.YOR
ATTEST: )11,x,,jet,,,; -(. ,)
CITY CLERK
Aped . . F.rm
__./ , a. , 0/7/FF
Legal Department
It was moved by Courtney and seconded by Ambrisco
that the Ordinance as read by adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
Courtney
X Horowitz
Larson
McDonald
Kubby
First Consideration 1/10/89
Vote for passage: Ayes: Balmer, Courtney, Horowitz, Larson,
McDonald, Ambrisco. Nays: None. Absent: None.
Second Consideration
Vote for passage:
Date published 2/1/89
Moved by Courtney, seconded by Ambrisco, 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: Balmer, Courtney, Horowitz, Kubby, Larson,
McDonald, Ambrisco. Nays: None. Absent: None.
State highway right-of-way under the jurisdiction of the City of Iowa City, that
is to be returned to the jurisdiction of the State.
Tract No. 1
A parcel of land located in the SE1 SW1 of Sec. 15, T79N, R6W of the 5th P.M. ,
Johnson County, Iowa', lying on the southwest side of part of the following
described centerline of Primary Road No. U.S. 6 as shown on official plans for
Project U-1052.
The centerline of Primary Road No. U.S. 6, numbered consecutively from northwest
to southeast, is described as follows: Beginning at St. 159+27 , thence S71°42' E,
750.4 feet to Sta. 166+77.4 a point 228.2 feet south of the NE corner of the N
NE1 SE1 SW1 of said Sec. 15.
Said parcel is described as follows: Bounded on the North by a line 100 feet
normally distant southwesterly from and parallel to said centerline, on the East
by the East line of said SE/ SWI , on the South by line 130 feet normally distant
southwesterly from and parallel to said centerline, on the west by the East
right-of-way line of Waterfront Drive.
EXHIBIT "A"
5.
xti1 o o
o
IQ
ti
7 do Scale: 1"=100'
V~
co
\\
NE Corner
15NE4SELASW'I-Sec. 15 --
V
`'d
Ito r
• ie is • 6
Sc
b�
. Gtil ��
5°J Lot 1
Southgate Add.
ty 1•
o�r
V
cs,
Drive /
�� do
o
(4Vti
•
Described Parcel
TRACT NO. 1
EXHIBIT "B" a.,
CITY OF IOWA CITY
CMC CENTER 410 E. WASHINGTON ST. IOWA CIN, IOWA 52240 (319) 356-5C00
STATE OF IOWA
) S5
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3401 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
24th day of January , 1989 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 1st day of _ February , 1989
Dated at Iowa City, Iowa, this 6th day of March ,19 89
'a ona Parrott, Deputy City Clerk
OFFICIAL PUBLICATION
OfORWNLE tn. 89-3401
NI OOINNEE VACATING A IOYT10t 6 U.S. BLOWY 6
BY-PASS RIOi1-0E-WW.
MERE/S, the Ins State Highey Commission
granted to tM City tie right of jurisdiction over
tie excess highvay right-of-wAy in 1966 for the
pivnse of constructing and naintaining a frontage
rad; and
WEREAS, de to ranges in traffic pattens and
tie previous vacation of a portion of the mess
road comettois m east to ipr-Von, tie frontage
cager feasible;and
WEREAS, the aver of 10T3 Car C,has eve=
interest in welling tie excess riJlt-of-wey in
onda'to erpard the parking arm;.aM
WERFAS, tie arms Holt-of-ray is not needed
for the proper fuxtion of the highway and its
vacation world restore it to pxective use and
place It back on tie tax rolls.
IGN, TEREFORE, BE IT 014141N133 BY Tit Cm
COJCIL OF 1W Cm CF lOW cm, 1044:
SECTION I, VPCATICN. But it2 City of lam City
tereby vacates that partial of mass U.S. Hkt.'6
By-Pass right-of-.ay as descrited in the attaehEd
Exhibits A aM B.
SECTIM II. REPEALER: All ordinances and parts
of ordinances in onflict with the,pavisions of
this Ordinance are hereby repealed.
SECTIOL III. SEVERABILITY: If mw section,
provision or part of the Ordinance Mall be adjuted
tobe invalid or uxmstituttanal, such a:beaten
shall not affect the validity of the Ordinance as a
,.*ole or aw section, provision or part thereof not
adjudged invalid or=Institutional.
SECIIQI IV. EFFECTIVE OAIE: This Ordinance
shall be in effect after its final pssay, apxaal
aM publication as reglired by lei.
and approved this 24th day of
J f wary 1999
./.. / / ' dir
AT
Printer's fee s6 S' ' -X "�
Cm
x OFFICIAL PUBLICATION OFFICIAL PUBLICATION
CERTIFICATE QF PUBLICATION State highway right-of-way under the jurisdiction of the City of Iowa City, that
STATE OF IOWA, Johnson County, ss: is to be returned to the jurisdiction of the State.
THE IOWA CITY PRESS-CITIZEN Tract No, 1
A parcel of land located in the SE} SW1 of Sec. 15, 179N, R6W of the 5th D.M.,
Johnson County, Iowa,. lying on the southwest side of part of the following
described centerline of Primary Road No. U.S. 6 as shown on official plans for
Project U-1052.
I,
Carol Barr, being duly sworn, say that I The centerline of Primary Road No. U.S. 6, numbered consecutively from northwest
am the legal clerk of the IOWA CITY to southeast, is described as follows: Beginning at St. 159+27, thence'S71°42'E,
750.4 feet to Sta. 166+77.4 a point 228.2 feet south of the NE corner of the N1
PRESS-CITIZEN, a newspaper NEI SU SWI of said Sec. 15.
published in said county, and that a Said parcel is described as follows: Bounded on the North by a line 100 feet
notice, aprinted copyof which is hereto y parallel to said centerline, on the East
normally distant southwesterlyfrom and
attached, was published in said paper by the East line of said SEI SWI, on the South by line 130 feet normally distant
/__ time(s), on the following southwesterly from and parallel to said centerline, on the west by the East
right-of-way line of Waterfront Drive.
cat��(S): EXHIBIT "p"
I/
atateivized - . . .
y ,.
yScale: 1"4100'
Legal Clerk c3'
n
Subscribed�7iband sworn to before me
this¢/S�µi day of/41.47---14 A.D.
NE Corner
I,HetsEssl�,�
I
, , a.° . •
i,
Notary Public
4
SHARON STU56S Ggtlec „
LA
/one il. Pe �. LOT 1
Southgate Add.
a
`e11)e LWY�� I�ibti
or r ``
Drive
w>
Described Parcel
TRACT NO. 1
EXHIBIT"0"
29460 Fepruary 1,1989
)) Or k .
ORDINANCE PD. 89-3402
AN ORDINANCE TO VACATE AN WTPIIOVET) PORTION OF
FIRST AVENUE BETWEEN J STREET AND THE IOWA INTER-
STATE RAILWAY, A360 FOOT ININWUVED NDRI}j/SOUTH
ALLEY BETWEEN FIRST AND SECOND AVENUES, AND A 175
FOOT WINFECVED EASTERLY/WESTERLY ALLEY ALONG 1HE
NCRT}fR I Mil-OF-WAY LINE OF THE IOWA INTERSTATE
RAILWAY.
WfREAS, alleys were platted in son: areas of the
City and are unimproved; and
WIfRFAS, some street rights-of-way and alleys
cease to be necessary for access to proerty; and
MIERFAS, a portion of the former First Avenue
right-of-way contained within Lots 2, 3, 4, and 5,
within Black 10 of the East Iava City addition
subdivision, and the uninproved north-south alley
between Lots 1-5 and Lots 6-9 of East Iava City
Addition subdivision, and the uninproved east-west
alley between Lot 5 of the East Iaa City Addition
subdivision and the northern right-of-way line of
the Ica Interstate Railway, do not provide any
vehicular access to abutting properties and are no . •
longer needed.
NW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF IOWA CITY, IOWA:
SECTION I. That the right-of-way in Iaa City,
Ioa, herein described in Attachment A and incorpo-
rated by reference herein is vacated for vehicle
access subject to the provision of a 10 foot utility
easement over the north-south alley and a 5 foot
utility easement over the easterly-westerly alley to
be vacated.
SECTICN II. REPEALER: All ordinances and parts
of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTICN III. SEVERABILITY: If any section,
provision or part of the Ordinance stall be adjatpd
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. EFFECTIVE DATE: This Ordinance
shall be in effect after its final passage, approval
and publication as required by law.
Passed and approved this 21st day of February,
19
v c!.
OR
ATTEST:
Cm CLEW • kadAJ
• App as
/' Q ///51/21
Lega Department
r
/7/
,0 " • TI-I I I
bi 00.123 ..rn _ ._. ..
-1
// litliLt. it al
It
. P
rn
111
5 m — g E Co
SECOND
t. tM oa _
' go ea x3 ai
31
m -4 m 'n (n 'Pk (" m I y ill '11, 1; HI s 2
` 1 rn
p 3
/3r 411
X80 °u .r• it I I k�' a
`'iii r2 (il i - o — • a P 0 A) �- q y P ia
7 izr r,J C— _. 1a' _ a3 !.f 8..3 - 7f
da
Ba ..
H —' AVI
V•
do
so//
i4.• - -_
SEE MEET II
It was moved by Balmer and seconded by Courtney that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
First Consideration 2/7/89
Vote for passage: Ayes: Balmer, Courtney, Horowitz, Kubby,
Larson, McDonald, Ambrisco. Nays: None. Absent: None.
Second Consideration 2/14/89
Vote for passage: Ayes: Kubby, Larson, McDonald, Ambrisco,
Balmer, Courtney, Horowitz. Nays: None. Absent: None.
Date published 3/1/89
3
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5COD
STATE OF IOWA )
)
) SS
JOHNSON COUNTY )
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3402 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
21st day of February , 1989 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 1st day of March , 1989 ,
Dated at Iowa City, Iowa, this31st day of March ,Ig 89
a na Parrott, Deputy City Clerk
------ -_ ---_---- - WWI PO. Sa-
Ni OOIWYOE 10 VACATE NI LIMWYTD RAIIW 6
FIRST AAENE III04D1 J Sian NO 11E ION WEB-
STATE RAMC, A 3W EWE tIMPRNED NOR0$/SODH
ALLEY UNIT FIRST NOySEWS*W16,.AT A 175
EMT talPFATIED WOE*REBII�4AV EBE6 1W DIA lhNW
uarAIE
R-d1LAV.
MBEn
AS, alleys were platted in a a�of the
City and are meowed;aid
*CRESS, sore street lilies-of-way.aH alleys
cease to le re essary for access to p e ty:and
ri9AtN�coa ntained ned withiion of neformer Eots 2, 3,n 4,adds
within Block 10 of the East laa City addition
subdivision, ad the Ininpraei myth-south alley
Waren Lots 1-5 and Lots 6-9 of East lora City
Addition sisdivision, and the m iquev l east-.est
alley teheon Lot 5 of the East lea City A61Ition
Lbdivisjei and the northern right-of line of
the the Interstate Railway, da rot ride any
•
Wdalar access to glutting properties*Use no
boyo naeddd.
for, I1EROwE, EE IT UWIED BY W art
031LIL CF 1041 coy, nth
? SECTICN I. That-the r st-of-say in loop City,
Printer's fee SJ lore, herein described in Attafivrt A and incorpo-
rated by referaae herein is vacated fa vehicle
access object to the provision of a N fat ability
CERTIFICATE OF PUBLICATION easererit over the north-south alley and a 5 foot
utility easennt over the easterly-westerly alley to
to vacated.
STATE OF IOWA. Johnson County, ss:
SEWlw II. REPEALER: All ordinates and parts
THE IOWA CITY PRESS-CITIZEN of ordinances in conflict with the previsions of
this Qtlina n are hereby repealed.
S&TICN M. SMAN81LITY: If ay sectio,
provision or part of the&threw dell te artydriss
to to invalid or vemstitutiaal, such aliedraion
shall rot affect the validity of the Ordinate as a
I kole or ay sation, provision or part thereof not
adjusted invalid or ormstitutleral.
Carol Barr, being duly sworn, say that I srnw Iy CT DA E: this BWmRY
shall to in effect after its final pasv7:, wool
am the legal clerk of the IOWA CITY and prOlication asreyired by lay
PRESS-CITIZEN, a newspaper 19° '"d arrayedhiszlst gay of Eebm,
published in said county, and that a DeiC
notice, a printed copy of which is hereto
attached, was published in said paperV Li
7��,_'�
/ time(s), on the following a DSTct11i r✓
datels):
9r
4...44/.50_41(
Leda &pannedOFFICIAL PUBLICATION OFFICIAL PUBLICATION •, ATTACH'ITIIT A
•
Legal Clerk I s
Subscribed and sworn to before me r-1 h I a I . 1 _ 1 a a 12 I I ;r. C ,
CI I
Si1E_i I
thiay of .D.
IP-
; 7
IAl I / J . ' ` ImIu — m -< -
/ C
Notary Public I _ L : [ oo o a L, a
^ aE ",: u,4 .� SHARONSTUBS : - m c -: -
ORDINANCE N0. 89-3403 •
AN ORDINANCE AMENDING CHAPTER 36, ENTITLED "ZONING
ORDINANCE" OF THE CODE OF ORDINANCES OF THE CITY OF
IOWA CITY, IOWA, BY AMENDING SECTICN 36-15 THEREIN
TO MAKE THE SETBA ( REQUIREMENTS FOR HIGH-RISE
DWELLINGS CONSISTENT WITH THE BUILDING CODE.
WHEREAS, the Zoning Ordinance generally provides
for the setback of buildings from property lines;
and
WHEREAS, in the RM-145 zone a high-rise dwelling
may be built on the property line provided no
windows are part of the zero lot line wall; and
WHEREAS, the Building Code allows a building
setback that permits walls with wir ws to be on the
property line if the adjacent property is a
publicway; and
WHEREAS, the Zoning Ordinance is presently more
restrictive than the Building Code; and
WHEREAS, the Building Code provides sufficient
safeguards for the protection of people and property
as it is written.
BE IT ORDAINED BY THE CITY COI.PEIL CF THE CITY CF
IOWA CITY, IOWA:
SECTION I. *FITMENT. That Chapter 36, "Zoning
Ordinance" of the Code of Ordinances of the City of
Iowa City, Iowa, be, and the same is hereby amended
by repealing Section 36-15(e)(5), and enacting in
lieu thereof a new section to be codified the same
to read as follows:
Section 36-15(e)(5). Minimum yards:
Front - for high-rise dwellings, 0'; 20' for
all other uses.
Side - for high-rise dwellings, 0'; 5' for all
other uses.
Rear - for high-rise dwellings, 0'; 20' for all
other uses.
SECTION II. REPEALER: All ordinances and parts of
ordinances in conflict with the provisions of this
ordinance are hereby repealed.
SECTION III. SEVERABILITY: If any section, provi-
sion 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. 89-3403
Page 2
SECTION IV. EFFECTIVE DATE: This Ordinance shall
be in effect after its final passage, approval and
publication as required by law.
Passed and approved this 28th day of
February, 1989.
OR
ATTEST: 721 a4z,,,A) k. ` a t
CITY CLEW
Approved as to Form
L c ice. Air
egal Deparhrent
4
It was moved by Balmer , and seconded by Ambrisco
that the Ordinance as read be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
First consideration 2/14/89
Vote for passage: Ayes: Horowitz, Kubby, Larson, McDonald,
Ambrisco, Balmer, Courtney. Nays: None. Absent: None.
Second consideration 2/21/89
Vote for passage: Ayes: Kubby, Larson, McDonald, Balmer,
Courtney, Horowitz. Nays: None. Absent: Ambrisco.
Date published 3/8/89
4
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5C00
STATE OF IOWA
) SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3403 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
28th day of February , 1989 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 8th day of March , 1989
Dated at Iowa City, Iowa, this 31st day of March ,19 89
tnt, `tea
•a cna Parrott, Deputy City Clerk
•
•
•
OFFICIAL PUBLICATION
'/
Gawk pa 89-3403
Printer's tee y3/7' AN CiiDIN71(,E ATM UPPTER 35, ENTITLED 'MIME
OImINVir OF THE CEDE OF C ORPACES OF IIF CITY OF
CERTIFICATE OF PUBLICATION Ian cm, lam, By NYEREMI sEcna 36-15 iwrcir
Ill LINO: THE STER'W 11111E CORDING
FOR Mla-RISE
STATE OF IOWA. Johnson County, ss: iE121 G5=SISTER'UIR l JIWIED aF E. •
THE IOWA CITY PRESS-CITIZEN • YIEhS, the Zoning ordinance generally provides
for the setback of buildings frau property lines;
' std •
NERE'S, In the 81.145 acre a high-rise Gelling
. 4 • nay be built on the property lire provided m
wlndoxs are Part of the zero lot lire mall; and
*IRAS, the Building Cao alias a building
setback that permits walls with wiNw to ze m Be
Carol Barr, being duly sworn, say that I pub�lirty,lid if the adjacent property is a
am the legal clerk of the IOWA CITY *REX the Zoning Ordinance is presently gore
PRESS-CITIZEN, a newspaper 'restrictive than the Bdldirg Cade;and
published in said county, and that a safeguards'for ththe e proteecting ion of provides
dffidont
as ft fs written. people pigsty
notice, a printed copy of which is hereto BE IT[FOAMED BY lliE cm o3rta CF le CTIY a
attached, was published in said paper lamCITY, Ism:
time(s), on the followingSFCTI n1. N€m. That Chapter 36, 'Zpnfrg
Ordinance'of the fade of Ordinances of the City of
date(s)• faa CitY, Ian, be, aM the sae is hereby amded
. , by riling Salim 36-15(8)(5), and enacting in
_�Z � 61 lieu ad as collars:nes sectlm.to to codified the sore
//I("/ to readasa el
/ Section 36-15(8)(5). Mini=de yards:
de
Front - for high-rise ices, 0'; 20' for
all other uses.
Side - for high-rise tbellhgs,0'; 5' for all
?�' /J other uses.
0V—�- c I erther uses.high-rise denNB,0'; 20' for all ,
Legal Clerk SECTION II. REPEALER; All ordinances ad parts of
ordinances in.conflict with the provisions of this ,
ordinate are hereby!welled.
Subscribed and sworn to before me SEMOI III. SEVERABILITY: If any section, provi-
sion or part of the Ordinance-shall be adjudged to .
//����fJ/, //(����/f,r pj/�//� to invalid or mmnstitutiaal, sudr aijidicatice
thi.3lLld�lay of L lG�l�w..-• ill rot affect the validity of ice Ordinance az a j
A ]�• ajud or invalid ons provision or a. thereof not
-adjudged invalid or unconstitutional.
dr SEMEN< public EV. EnquiIVEred o'inal This Ordinance Shan
w be in effect after its final passage, approval and
puhliwtim az rewired M las.
-A Passed and roved this 28th day of
�, f` �� February, 1889. v
Notary Public a t�
•
•. . ATTEST: a. i t
33599 March B,1989
I/ If Qcd . ok
ORDINANCE NO. 89-3404
AN ORDINANCE At'ENDING TIE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN PF ERTY
LOCATED SOUTH OF PLAEN VIEW DRIVE RAD EAST OF MDMA
TREK BOULEVARD IN TY'N CAE SUBDIVISION.
WHEREAS, the subject property is part of Ty'n Cae
Subdivision located east of Mormon Trek Boulevard
and is currently zoned PDH-8; and
WHEREAS, the Carprehens i ve Plan for the City of
Iowa City shows Residential land use at a density of
2-8 dwelling units per acre in the area containing
the subject property; and
WHEREAS, existing development located in the
remainder of Ty'n Cae Subdivision is detached and
attached single-family residential uses carpatible
with medium density single-family residential uses
shown in the Carprehensive Plan; and
WHEREAS, medium density single-family resithitial
uses are now the most appropriate use for the
subject property.
NOW,THEREFORE, BE IT ORDAINED BY THE CITY WEIL
OF THE CITY OF ICWA CITY, ICWA, THAT:
SECTION I. ZONING Ah T. The property described
below is hereby reclassified frrom its present
classification of PCH-8 to RS-8:
See Attachmnt A.
SECTION II. ZONING MAP. The Building Inspector is
hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to
this amendment upon the final passage, approval and
publication of this Ordinance as provided by law.
SECTION III. CERTIFICATICN AND RING. The City
Clerk is hereby authorized and directed to certify a
copy of this Ordinance which shall be recorded at
the Office of the County Recorder of Jotnscn Canty,
Iowa, upon final passage and publication as proOdad
by law.
SECTION IV. REPEALER. All ordinances and parts of
ordinances in conflict with the provisions of this
ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any secticn, provision
or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall
not affect the validity of the Ordinance as a whole
or any section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall
be in effect after its final passage, approval and
publication as required by law.
Ordinance No. 89-3404
Page 2
Passed and approved this 18th day of
April, 198899../
,Pdd
ATTEST: 72tE id A)
cm
Approved as to Fonn
1 al Departhent
5
It was moved by Balmer and seconded by Larson that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
First Consideration 4/4/89
Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson,
McDonald, Balmer. Nays: None. Absent: Ambrisco.
Second Consideration
Vote for passage:
Date published 4/26/89
Moved by Balmer, seconded by Ambrisco, 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: Larson, McDonald,
Ambrisco, Balmer, Courtney, Horowitz, Kubby.
Nays: None. Absent: None.
S
LEGAL DESCRIPTION
Z-8901
Lots 39, 40, 41, 42, 43, 46, 47, 48 and 49 of Ty'n Cae Subdivision, Part Three,
as recorded in Plat Book 24 at page 18 of the Records of the Johnson County
Recorder's Office, and a parcel of vacated excess right-of-way of Mormon Trek
Boulevard, said lots and vacated right-of-way having a perimeter description as
follows:
Beginning at the Southeast Corner of the Northeast Quarter of the Northwest
Quarter of Section 20, Township 79 North, Range 6 West, of the 5th Principal
Meridian, said corner also being the Southeast Corner of Lot 41 of said Part
Three; thence N 89°1037" W, 490.84 feet along the south line of the Northeast
Quarter of the Northwest Quarter of said Section 20, to a point on the
Northeasterly right-of-way line of Mormon Trek Boulevard, said point being 40.00
feet normally distant, Northeast, from the center line of Mormon Trek Boulevard;
thence N 34°13'05" W, 458.38 feet along said right-of-way line to its intersec-
tion with the Southeasterly right-of-way line of Gryn Drive; thence N 55°46'55"
E, 46.04 feet along the Southeasterly right-of-way line of Gryn Drive; thence
Northeasterly, 81.27 feet along said right-of-way line on a 200.00 foot radius
curve, concave Northwesterly, whose 80.71 foot chord bears N 44°08'27" E; thence
N 32°30'00" E, 4.56 feet along said right-of-way line; thence Northeasterly 23.56
feet on a 15.00 foot radium curve, concave Southeasterly, whose 21.21 foot chord
bears N 77°30'00" E; thence S 57°30'00° E, 145.00 feet along the Southwesterly
right-of-way line of Plaen View Drive; thence Southeasterly 40.95 feet along said
right-of-way line, on a 150.00 foot radius curve, concave Northeasterly, whose
40.82 foot chord bears S 65°19' 13" E, to the Northwesterly Corner of Lot 45 of
said Part Three; thence S 16°51'33" W, 165.52 feet along the Westerly line of
said Lot 45; thence N 77°30'00" E, 163.93 feet along the Southerly line of Lots
45 and 44 of said Part Three; thence N 14°25'21" W, 125.15 feet along the
Easterly line of said Lot 44 to a point on the Southerly right-of-way line of
Plaen View Drive; thence Northeasterly, 80.74 feet, along said right-of-way line,
on a 150.00 foot radius curve, concave Northwesterly, whose 79.77 foot chord
bears N 60°09'23" E; thence Northeasterly 20.36 feet along a 15.00 foot radius
curve, concave Southeasterly, whose 18.83 foot chord bears N 83°37'05" E; thence
S 57°30'00" E, 68.04 feet along the Southwesterly right-of-way line of Dynevor
Circle; thence N 59°42'44" E, 56.22 feet to a point on the Northeasterly right-
of-way line of Dynevor Circle, said point also being the Southeasterly Corner
of Lot 36 of said Part Three; thence N 32°30'00" E, 125.00 feet along the
Southeasterly line of said Lot 38 to a point on the Southwesterly line of Lot
36 of said Part Three; thence S 57°30'00" E, 163.27 feet along the Southwesterly
line of said Lot 38 to a point on the East line of the Northeast Quarter of the
Northwest Quarter of said Section 20; thence S 01°02'24" W, 433.02 feet along
said East line to the Point of Beginning. Said tract of land contains 5.841
acres, more or less, and is subject to easements and restrictions of record.
Attachment A
5
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
STATE OF IOWA )
SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3404 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
18th day of April , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 26th day of April , 19 89 .
Dated at Iowa City, Iowa , this 8th day of May ,1989
R.m.na Parrott, Deputy City Clerk
ir•-w. V I ✓ r ' i
' OFFICIAL ftU tl[ITION-
OUINNEE NI 89.3404
;AN °UItWGE AIMING THE ZO11616 cRUM CE BY
OWEIIG liE IEE TEOAATICtE CF CE78AIN WAOERTY
LOCKED SURCF PIAEN Vial ERNE MO EAST CFMagi
1REK BO.I.EYNOIN TY'N CAE 9101VISI01,
IWEIEAS, the subject properly is at of Ty'n Coe
9tdivislm looted east of Mann Trek Boulevard •
, ad is errantly and TU4-8;ad
--
Iowa City shows Recidh, the tialslad i at dts,the b ofa
2-8 dellirg nits per awe in the area containing
the subject grape ty;ad
WEIEAS, existing developnsit located in the
reminder of Ty'n Cae Stedivisiwm is detached ad
attaded single-fainly residential uses aspatible
with median density single-fondly residential uses
sham in the Cwrprdatsive Plan;ad
*EMS, nrdivadeisity si gle fauily'resitiatial
uses are my tilt nest pprpg fa sae for the.
•
' sullied prtrerty,
touAE, BE IT OCITY MCIOE TEE criy c[ry ciOF CMS IOW CTIY, 1614,TiIT
VITEN 21 70NIEG ftVDEN[ lhr prceary d cited
below is herety reclassifies free,lits present
classification of W1-8 to R48:
San Attadnmt A.
in.7Olpc MP. The Buildirg2rnspector is
hereby authorized and directed to dart the zone]
nap of tie City of los City, laud;to conform to
this evident rpm the final passage, approval and
, publication of this Ordinance as provided by lay.
SECT10i Ill CER1IF104TI01 NO ire City
�/��-� , Clerk is t rmiy authorized ad direst$to ratify a
Printer's fegg,2L_>aJ copy of this Odinance which shall be recorded at
the Office-of the Caety(beat N'.laden Canty,
I lam, um-final passage ad pbllcatire as pMebi
CERTIFICATE OF PUBLICATION tiled I REQ. All adiwparts of
rs`4
ss: 1 °rdinms in conflict with the provision of this
STATE OF IOWA, Johnson County, ordinance are hereby repealed. •
SFCTICN Y. SEVER8BILITY. If any ffi.ion, pwision
THE IOWA CITY PRESS-CITIZEN
or part,of the Ordinance shall he adjiriged to be •
invalid a-wxautitutfa,al, such adjudication dull
. not affect tie.validity of the Odinace a tele
I or any section, prevision a part tlgreof not
adjudged invalid or wronstitutiail.
I, i SEC1I0 V1, FiTT nu y r• This O died a shall
be in effect attar its final passage,approval ad
Carol Barr, being duly sworn, say that I publication as repdred ty la/.
am the legal clerk of the IOWA CITY Passed aid-avowed this lath d:d of
PRESS-CITIZEN, a newspaper April, 989.
published in said county, and that a
notice, a printed copy of which is hereto
attached, was published in said paper
-__if timers), on the following -
da/te`(s): ATIEST:cE 1 4e"�'
/ I A)? �6 /7 D9 LEGAL DESCRIPTION
{..q/y/ ,/ / 2-8901
Lots 39, 40, 41, 42, 43, 46, 47, 48 and 49 of Ty'n Cae Subdivision, Part Three,
'as recorded in Plat Book 24 at page 18 of the Records of the Johnson County
ILevwcJ Recorder's Office, and a parcel of vacated excess right-of-way of Mormon Trek
Boulevard, said lots and vacated right-of-way having a perimeter'descriptton as
Legal Clerk follows:
Beginning at the Southeast Corner of the Northeast Quarter ,pf.the Northwest
Quarter of Section 20, Township 79 North, Range 6 West, of the 5th' Phlncipal
Subscribed and sworn to before me
Meridian, said corner also being the Southeast Corner of Lot 4f of;said Part
Three; thence N 89°1037" W, 490.84 feet along the south line of th,,N rthEpst
5 �-y�.z Quarter of the Northwest Quarter of said Section 20, to a point•6 ddP•the
this day of-.Ll../ , A.D. Northeasterly right-of-way line of Mormon Trek Boulevard, said point bean§,40,00
Q feet normally distant, Northeast, from the center line of Mormon Trek Boulevard;
19 7 thence N 34°13'05" W, 458.38 feet along said right-of-way line to its intersec-
tion with the Southeasterly right-of-way line of Gryn Drive; thence N 55°46'55"
E, 46.04 feet along the Southeasterly right-of-way line., of Gryn'Dnive;. thence
Northeasterly, 81.27 feet along said right-of-way line on a 200.00 foot radius
iG -17r2-‘,-4 44'2.4 curve, concave Northwesterly, whose 80.71 foot chord bears N 44°0p'$7" E•qtItheence
Notary Public N 32°30'00" E, 4.56 feet along said right-of-way line; thence NortnnhsterIy.`f9.56
feet on a 15.00 foot radium curve, concave Southeasterly, whose 21.21 foot;Nord
bears N 77°30'00" E; thence S' 57°30'00° E, 145.00 feet along the Southwesterly
iiKs„ IAARGAfiETWJS right;of-way line of Plaen View Drive; thence Southeasterly 40.95 fret along said
-rr • a • V q right-of-way line, on a 150.00 foot radius curve, concave Northeasterly, whose
-- /Q ` - - O / " - 40.82 foot chord bears S 65°19'13" E, to the Northwesterly Corner of Lot 45 of
said Part Three; thence S 16°51'33" W, 165.52 feet along the Westerly line of
said Lot 45; thence N 77°30'00" E, 163.93 feet along the Southerly line of Lots
45 and 44 of said Part Three; thence N 14°25'21" W, 125.15 feet along the
Easterly line of said Lot 44 to a point on the Southerly right-of-way line of
Plaen.View Drive; thence Northeasterly, 80.74 feet, along said_right-of-way line,
on a 150.00 foot radius curve, concave Northwesterly, whose 79.77 foot chord
bears N 60°09'23" E; thence Northeasterly 20.36 feet along a 15.00 foot radius
curve, concave Southeasterly, whose 18.83 foot chord bears N 83°37'05" E; thence
S 57°30'00 E, 68.04 feet,along the Southwesterly right-of-way line of Dynevor
Circle; thence N 59°42'44" E, 56.22 feet to a point on the Northeasterly right-
of-way line of Dynevor Circle, said point also being the Southeasterly Corner
•
of Lot 36 of said Part Three; thence N 32030'00" E, 125.00 feet along the
Southeasterly line of said Lot 38 to a point on the Southwesterly line of Lot
36 of said Part Three; thence S 57°30'00" E, 163.27 feet along the Southwesterly
lineof said Lot 38 to a point on the East line of the.Northeast Quarter•of'the
Northwest ,Quarter of said Section 20; thence $ 01°+52'24^-N, 413.02 feet along
said East line to the Point of Beginning. Said tract of,aland-dOntains 5.841
acres, more or less, and is subject to easements and restrictions of record. '
•
Attaceient. A..•
31560 April 26. 1989
ORDINANCE NO. 89-3405
ORDINANCE APPROVING THE PRELIMINARY P fiJ' ED
DEVELOPMENT Hbl1SIN3 (PDN) PLAN FOR WILLARCI E
POINTE CONDOMINIUMS, IOWA CITY, ICWA.
BE IT ORDAINED BY THE CITY COUNCIL OF ICWA CITY,
ICWA, THAT:
SECTION I. APPROVAL. The preliminary PDH plan
submitted by Byers & Happel, Inc., for Willowbrooke
Pointe Condominiums, legally described in Attadmamt
A, is hereby approved, including the
reclassification of the property fran RS-5 to T---5.
SECTION II. VARIATIONS. Variations frau the
requirements of the RS-5 zone have been approved as
a part of this plan. The variations permit:
A. Twenty-eight multi-family units arranged in
seven, two-story, four unit condominium
dwellings. The dwellings have been desig-ied in
a manner compatible with the single-family
character of surrounding properties immediately
to the north and east. The large setbacks,
ample amounts of open space, and landscape
features effectively integrate the development
into this single-family neighborhood.
B. Clustering of condaninium dwellings. The sewn
dwellings are located north of Willow Creek on
the wore suitable portion of the tract for
development, and thereby promote a more
efficient land use resulting in smaller
networks of utilities and streets with more
usable open space being achieved.
C. Reduction of pavement width and design standard
from a 28-foot curt and gutter pmblic street to
a 22-foot non-curb and gutter private street.
The reduced pavement width and design standard
still allows the safe and efficient movmEnt of
traffic within this relatively small, non-
through street development. The proposed
design will still allow the circulation of
emergency vehicles on the property.
D. No internal sidewalks. Due to the relatively
small scale of this development, the limited
amount of traffic anticipated on the private
drive, and the availability and accessibility
of open space which may serve as an alternative
to sidewalks for pedestrian use, sidewalks are
not regarded as necessary within the
development. The plan provides for the
extension of a crosswalk south of Elliott
Court, from the proposed single-family
subdivision to the north, to provide access
through the development to Benton Street and
Willow Creek Park to the south.
Ordinance No. 89-3405
Page 2
E. A certain Homer of parking spaces are allowed
to back directly into the private drive. With
no parking permitted on the private drive, each
parking area so designed affords unobstructed
sight distances and assures the safe and
efficient movement of vehicular and pedestrian
traffic in this non-through street develop: t.
Off-street parking is provided at a ratio of
four spaces per dwelling unit, twice the arrant
required by the Zoning Ordinance. The
additional parking is intended to compensate
for overflow parking situations since an-street
parking is not permitted on Benton Street and
Mormon Trek Boulevard so as not to burden
neighboring residential streets.
SECTICN III. REPEALER. All ordinances and parts of
ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provi-
sion 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.
SECTICN V. EFFECTIVE DATE. This Ordinance scall be
in effect after its final passage, approval and
publication as required by law.
Passed and approved this 18th day of April,
1989.
Aopv.YOR
ATTEST: 42„,,,, e
CITY CLERK
Approved as to Form
/ � -
Legal Department
It was moved by Balmer and seconded by Larson that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
Courtney
_X_ Horowitz
X Kubby
X Larson
X McDonald
First Consideration 4/4/89
Vote for passage: Ayes: Horowitz, Larson, McDonald, Balmer,
Courtney. Nays: Kubby. Absent: Ambrisco.
Second Consideration
Vote for passage:
Date published 4/26/89
Moved by Balmer, seconded by Larson, 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: Ambrisco, Balmer, Courtney,
Horowitz, Kubby, Larson, McDonald. Nays: None. Absent:
None.
W
LEGAL DESCRIPTION
WILLOWBROOKE POINTE CONDOMINIUMS
Lot 33 as depicted on the Preliminary Plat of Cameron Subdivision
A portion of the Southeast Quarter of the Northwest Quarter(SE 1/4, NW 1/4) of Section 17, Township 79 North, Range 6 West of
the Fifth Principal Meridian, being more particularly described as follows:
Commencing at the Center of said Section 17; Thence N88°23'081W, 651.50 feet along the South Line of the Northwest Quarter
(NW 1/4) of said Section 17; Thence N01'44'234E, 20.36 feet to the Southwesterly Corner of Lot 84 of Macbride Addition, Part
Three, said corner being 35.00 feet normally distant, North, of the Centerline of West Benton Street and is the Point of Beginning
of the following described tract; Thence N89'40'21"W, 218.74 feet, along a line 35.00 feet normally distant, North, of the
Centerline of West Benton Street; Thence N01'19'391E, 19.00 feet: Thence N89°40'21"W, 32.00 feet; Thence S01'19'39'W,
19.00 feet to a point 35.00 feet normally distant,North of the Centerline of West Benton Street; Thence N89'40'21'W,267.87 feet,
along a line 35.00 feet normally distant, North, of the Centerline of West Benton Street; Thence Northwesterly 39.89 feet along a
a 25.00 foot radius curve, concave Northeasterly, whose 35.79 foot chord bears N43'57'59"W, to a point 40.00 feet normally
distant, East, of the Centerline of Mormon Trek Boulevard; Thence N01'44'23"E, 277.43 feet, along a line 40.00 feet normally
distant, East, of said Centerline; Thence 588'15'37'E, 14.00 feet; Thence NO1'44'23"E, 32.00 feet; Thence N88'15'37W, 14.00
feet to a point 40.00 feet normally distant, East of the Centerline of Mormon Trek Boulevard; Thence NO1644'23"E, 204.03 feet,
along a line 40.00 feet normally distant, East of the Centerline of Mormon Trek Boulevard; Thence S88'15'37"E, 319.04 feet;
Thence S01'44'23"W, 45.55 feet; Thence S28'15'37'E, 91.10 feet; Thence S58'15'37'E, 91.10 feet; Thence S88'15'3T'E, 91.10
feet; Thence N61'44'23"E, 45.55 feet; Thence S89°03'28"E, 70.01 feet to a point on the West line of said Macbride Addition,Part
Three; Thence S01'44'23"W, 376.96 feet to the Point of Beginning.
•
Said tract of land contains 6.735 Acres more or less and is subject to easements and restrictions of record.
01-05-89,L115
Il.ppel.181 t. i—'i I.1: 1 V I,S U
revised 1/18/891,.
JAN 1 9 1933
P N.D. DEPARTMENT
6
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CIN, IOWA 52240 (319) 356-5cm
STATE OF IOWA
) SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3405 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
18th day of April , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 26th day of April , 19 89 .
Dated at Iowa City, Iowa, this 8th day of May ,1989 .
'a 'na Parrott, Deputy City Clerk
OFFICIAL PUBLICATION
OOIEVVICE ED. 8989=Bili
RODYtC! AnD0/16 llf FRELDIliffef RRUD
CEVElUlU4r WISING (lei) [VN F01 WILIDEPDXE
MENU tag/CHUB, IDM Cm, KW.
BE IT OO4INO BY 1W CITY COICIL OF IOM CITY,
• IOM, 11WT:
SECTI(N I. WW1 The preliminary FDi plat
_ sternittal by hers enHarrel, Inc., for Mllatroake
Pointe Cadudniurs, legally described in Attained
A, is hereby approved, including the
reclassificatim of the property from FS-5 to RB-S.
SEChIOI II, VPRIATICNS Variations fran the
regairaents of the PS-5 rue have been accreted as
a part of this plan. The variations permit:
A.Twenty-eight nulti-family wits arranged in
seven, two-story, four wit condoniniun
etchings. The&elutes have hent&.sued in
/�.v a owner capatible with the single-family
Printer's fee$
-,'•gcQ character of sundueding properties ianediately
to the north ad east. The large setbacks,
arpla
CERTIFICATE OF PUBLICATION features timely integrate the Melo t
into this single-fadly neiytborkal.
STATE OF IOWA, Johnson County, ss: B. Clustering of cedwlniun&elites. lie men
bell are located north of Willow&eels m
THE IOWA CITY PRESS-CITIZEN the none
suitable cation of the tract fa-
de.elopett, and thereby promote a were .
efficient lad use resulting in smeller
retorts of utilities ad streets with non
usable open space being achieved.
C. Reduction of pawned width and design Medalj, from a 28-foot curb ad gutter clic strut to
Carol Barr, beingdulysworn, saythat I a 22-foot �bna am yam private street.The reduced pavement width and design statdad
am the legal clerk of the IOWA CITY still alloys the safe and efficient to.nmt.of
PRESS-CITIZEN, a newspaper traffic within this relatively sell, nm-
through street development. The- proposal
published in said county, and that a design will still allow the circulation of
notice, aprinted copyoer9ecy vdticles on the property.
of which is hereto B. No internal sideelks. De to the relatively
attachgd, was published in said paper gall scale of this deelopnent, the limited
1 arrant of traffic anticipated au the private
time(s), on the following drive, and the availability and accessibility
date(s): of wpm space Witch may Bene as ai alteretie
to sidealks for pedestrian use, sidewalks are
11/1244-j
/ ‘f 71,9 not regarded as necessary within the
(/ /�/t / &velcs not. The plan prwidas for the
extension of a crosswalk south of Elliott
Court, fran the proposed single-fanily
subdivision to the north, to provide awes
tlwagh the deielare nt to Be
im Street and
Willow CrParto the such.a-C' ry /Jh//4J E.A certain nyder
of parkingtspaces at . With
ned
to bark.directly Into the pplvate drive. With
Legal Clerk a sodesthefied
parking designed affords mn -
slght distances and assures the safe and
Subscribed and sworn to before me traffican
tintthisnmm-nth of vehicular
deard° lw:aant..
Off-street parking is provided at a ratio of
this s day of , A.D. fav spaces per aching wit, bot the mart
red ptte sle
addirocetionalarkiing is intended
mmpasate
for overflew parking situations since on-street
1927 parking is not permitted on Benton Street and
Mittitn ra cJtorlra residenard so as tial streets.ret to burden
(/�yI ,/ SECTIBN III. REPEPLEA All ordinates ad pats of
�r/Q�cil1�7�J .Lp T' 1itP�� ordinances in conflict with the provisions of this
67 Ordinance are hereby repealed.
Notary Public STT,TICN IV, SFVFWWILIT? If any smile', provi-
sion situ or part of the Ordinance shall be d,Pdha1 to
ii 6dARGRRZY 6�i7S he Invalid an amnstltutional, such adjudication
;F) shall rot affect tie validity of the Ordinance as a
.1F ii_ O- rJ' / _ _ - whole or any�tian, provision or part thereof not
Gl(p adjudged invalid or uconstitutional.
SECTION V. EFFECTIVE CA1E. This Odireno dell he
in effect after its final peccary, approval and
publication as required by lay.
Passed and approved this 18th day of
April, 19e9.
c
ATTEST:
CIIY am I ,e.,...)
LEGAL DESCRIPTION
WILLOWBROOKE POINTE CONDOMINIUMS
Lot 33 as deeded on the Preliminary Nat Ot Cameron Subdivision
•
A porion of the Southeast Certs of to Northwest Orene'(SE 1,4.NW IN)of Suction If,Teanship 79 Nona,Range 6 West et
the Filth Principal Meriden,being more penlculary described es follows'
Commencing at the Center of sex,Swann 17, Thence N813'23'07W.651 50 feet alae the Soulh Line of the Northwest Wens
(NW 114)of said Section 17;Thence NOI'44'27E 2036 feel to the Soultrwester&Corner d Lot 84 d Wanda Addeo,Part
Throe,said comer being 3500 feet normally distant North.of the Centerline of West Benton Strum and is the Point of Beginning
of the following described tract Thence NAV 40'21W 218.74 feet along a line 35.00 feet normally distant North,of are
C.AMine of West Benton Sheet;Thence N01 i0 391,, 1900 feet Thence N89'402IW 32.00 bet Thence S01'11351W..
19.00 lotto a point 35.00 feelnonnaty distad,Nora of to Cathodes of WestBsxm SONE Thence N89'4011W,26187 feet
Moog is line 35.00 few normally distant Now,of the Centerline of West Benton Shed;Thence NoMwesi308 tem Wong
25.00 foot radius owe,concave NOMNstady,whose 35.79 fool chord beds N43'57'SS'W, point
duan,East,of he Centerline of Mormon Trek Boulevard. Thence 101'44'27E,277.43 fee,along a tine 40.00 feet norm*
distant,East of said Centerline; Thence sae'15'3rE,14.00 bet; Thence NO1'44'23 E,32.00 leer; Thence N88'1517W,14.00
Mel to a point 40.00 feet normally distant Eel of the Center/me of Mormon Trek Boulevard; Thence N01'44'23'E.20403 feet,
yap a fine 40.00 feel nmol duan,East of the Centerline of Mormon Trek Boulevard; Thence sat 153TE 319.04 feet
Thence$01'44'23W 45.55 Met; Thence S23'1597-E 91.10 fee, Thence S58'153TE,91.10leet Thence see'75'3TE,91.10
few; Thence N81'44etE,45.55 feet, Thence S89.03'28'E,70.01 feet to a point on the West line of said Macbnde Addition.Pad
Three; Thence S01'44'27W 37698 feel to the Point of Beginning.
Std bed el land contains 6.735Acres more or leas end is sated to easements and restrictions of record.
Attachment A
34561 April 26 I;119
Oct
ORDINANCE NO. 89-3406
AN ORDINANCE AMENDING CHAPTER 8, ARTICLE II, THE BUILDING CODE, BY ADOPTING THE
UNIFORM BUILDING CODE STANDARDS, 1988 EDITION AND TEE 1988 EDITION OF THE
UNIFORM BUILDING CODE EDIItU BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFI-
CIALS, AND PROVIDING FOR CERTAIN AIENDNENTS THEREOF; TO PROVIDE FOR TtE PROTEC-
TIOIN OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IO4A.
BE IT ORDAINED BY TFE CITY COLNCIL OF Tl-E CITY OF IOWA CITY, IOWA, THAT:
SECTION 1. PURPOSE. The purpose of this Ordinance is to adopt the Uniform
'Building Code Standards 1988 Edition, and the 1988 Edition of the Uniform
Building Code as prepared and edited by the International Conference of Build-
ing Officials; and to provide for certain amendments thereof; to provide for
the protection of the health, welfare and safety of the citizens of Iova City,
Iowa, and provide for its enforcement.
SECTION 2. Section 8-16 of the Code of Ordinances of the City of Iowa City,
Iowa is hereby repealed and the follaring new Sec. 8-16 is enacted in lieu
thereof:
Sec. 8-16. Adopted.
Subject to the following amendments, the Uniform Building Code Standards,
1988 Edition, and the 144 Edition of the Uniform Building Code are hereby
adopted, and shall be known as the Iowa City Building Code, or the Building
Code. Interpretations of the Building Official shall be guided by the UBC
Application/Interpretation Manual.
SECTION 3. Section 8-17 of the Code of Ordinances of the City of Iowa City,
Iowa is hereby repealed and the folloding new Sec. 8-17 is enacted in lieu
thereof:
Section 8-17. Amendments. The following sections of the 1988 Edition of
the Uniform Building Code (UBC) are amended to read as follows:
(1) UBC Section 202, Powers and Duties of Building Official, is amended to
read as follows:
(a) General. The building official is hereby authorized and directed to
enforce all the provisions of this code. For such purposes, he/she
shall have the powers of a law enforcement officer.
(b) Deputies. In accordance with prescribed procedures and with the
approval of the City Manager, the building official shall appoint such
number of technical officers, inspectors and other employees as may be
necessary to carry out the functions of the code enforcement agency.
(c) Right of Entry. Whenever necessary to make an inspection to enforce
any of the provision of this code or whenever the building official or
his authorized representative has reasonable cause to believe that
there exists in any building or upon any premises, any condition which
makes such building or premises unsafe as defined in Section 203 of
this code, the building official or his authorized representative may
enter such building or premises at all reasonable times to inspect the
sane or to perform any duty imposed upon the building official by this
code, provided that if such building or premises be occupied, he/she
shall first present proper credentials and request entry; and if such
building or premises be unoccupied, he/she shall first make a reasona-
ble effort to locate the owner or other persons having charge or
control of the building or premises and request entry. If such entry
is refused, the building official or his/her authorized representative
shall have recourse and every remedy provided by law to secure entry.
No owner or occupant or any other person having charge, care or
control of any building or premises shall fail or neglect, after
proper request is ;rade as herein provided, to promptly permit entry
I
Ordinance No. 89-3406
Page 2
therein by the building official or his/her authorized representative,
for the purpose of inspection and examination pursuant to this code.
My person violating this subsection shall be guilty of a misde-
meanor.
(d) Notices.
(1) Whenever any work is performed in violation of this code, the
building official nay serve a written notice or order upon the
owner or his/her agent, directing him/her to discontinue the
violation.
(2) In the event such notice or order is not promptly complied with,
the building official may institute an action at law or in equity
to require compliance and to enjoin occupancy of the structure
while it is not in compliance with this code.
(e) Stop Work Orders. Whenever any work is being done contrary to the
provisions of this code, the building official nay order- the work
stopped by notice in writing served on any person engaged in the doing
or causing such work to be done, and any such persons shall forthwith
stop such work until authorized by the building official to proceed
with the work.
(f) Occupancy Violations. Whenever any building or structure or equipment
therein regulated by this code is being used contrary to the provision
of this code, the building official may order such use discontinued
and the structure, or a portion thereof, vacated by notice served on
any person causing such use to be continued. Such person shall discon-
tinue the use within the time period prescribed by the building offi-
cial after receipt of such notice to make the structure, or portion
thereof, comply with the requirtinents of this code.
(g) Liability. The building official or his/her authorized representative
charged with the enforcement of this code, acting in good faith and
without malice in the discharge of his/her duties, shall rot thereby
render himself/herself personally liable for any damage that may occur
to persons or property as a result of any act or by reason of any act
or omission in the discharge of his/her duties. My suit brought
against the building official or employee because of such act or
omission performed by him/her in the enforcement of any provision of
this code, shall be defended by legal counsel provided by this juris-
diction until final termination of such proceedings.
This code shall not be construed to relieve from or lessen the
responsibility of any person arcing, operating or controlling any
building or structure for any damages to persons or property caused by
defects, nor shall the code enforcement agency or its parent jurisdic-
tion be held as assuming any such liability by reason of the inspec-
tions authorized by this code or any certificates of inspection issued
under this code.
(h) Cooperation of Other Officials and Officers. The building official
may request, and shall receive so far as is required in the discharge
of his/her duties, the assistance and cooperation of other officials
of this jurisdiction.
(2) UBC Section 204, Board of Appeals, is amended to read as follows:
Board of Appeals. In order to determine the suitability of alternate
materials and methods of construction and to provide for reasonable inter-
pretation of this code, there shall be and is hereby created a Board of
Appeals consisting of rrerrbers who are qualified by experience and training
I
Ordinance No. 89-3406
Page 3
to pass upon matters pertaining to building construction and interpretatio-
ns of tie building official and who are not mployees of the jurisdiction.
The building official shall be an ex officio nether of and shall act as
secretary to said Board. The Board of Appeals shall be appointed by the
City Council and shall hold office at its pleasure. The Board shall adopt
rules and procedures as set forth in the Iowa City Administrative Code.
(3) UBC Section 205, Violations, is amended to read as follows:
(a) Penalties.
(1) A person who shall violate a provision of this ordinance or fail
to comply therewith or with any of the requirements thereof or
who shall erect, construct, alter or repair or have erected,
constructed, altered or repaired a building or structure in
violation of a detailed statemnt or plan sutnitted and approved
thereunder, shall be guilty of a misdeneancr punishable by a fine
not exceeding $100 or inpriso nent not exceeding 30 days.
(2) The amen of a building, structure or premises where anything in
violation of this ordinance shall be placed or shall exist, and
any architect, builder, contractor, agent, person or corporation
employed in connection therewith, and any who nay have assisted
in the omission of such violation shall be guilty of a separate
offense.
(b) Abatement. The imposition of penalties herein prescribed shall not
preclude the City frau instituting an appropriate action or proceeding
to prevent an unlawful erection, construction, reconstruction, altera-
tion, repair, conversion, maintenance or use or to restrain, erect or
abate a violation or to prevent the occupancy of a building, structure
or premises.
(4) UBC Section 301, Permits, Subsection (b), is amended to read as
fol las:
(b) Exempted Work. A building permit shall not be required for the fol-
lowing:
(1) One-story detached accessory buildings used as tool and storage
sheds, playhouses and similar uses, provided the floor area does
not exceed 144 square feet.
(2) Fences not over six feet high.
(3) Oil derricks.
(4) Movable cases, counters and partitions rot over five feet nine
inches high.
(5) Retaining walls which are not over four feet in heic#nt measured
from the top of the footing to the top of the wall, unless sup-
porting a surcharge or impounding flammable liquids.
(6) Water tanks supported directly upon grade if the capacity does
rot exceed 5,000 gallons and the ratio of hei¢rt to diameter or
width does not exceed two to one.
(7) Walks and driveways rot over any basement or story below.
(8) Painting, papering and similar finish work.
(9) Temporary notion picture, television and theater stage sets and
scenery.
(10) Windav awnings supported by an exterior wall of Group R, Division
3, and Group M occupancies when projecting not more than 54
inches.
I
Ordinance No. 89-3406
Page 4
(11) Prefabricated swimming pools accessory to a Group R, Division 3,
occupancy in which the pool walls are entirely above the adjacent
grade if the capacity does not exceed 5,000 gallons and is less
than 18 inches in depth.
(12) Reapplication of roof shingles and siding of Group R, Division 3,
and Group M occupancies if structural alterations are not
needed.
Unless otherwise exempted, separate plumbing, electrical and mechani-
•
cal permits will be required for the above-exempted items.
Exemption from the permit requirements of this code shall not be
deemed to grant authorization for any work to be done in any manner in
violation of the provisions of this code or any other laws or ordi-
nances of this jurisdiction.
(5) UBC Section 303, Expiration, Subsection (d), is amended to read as
follows:
(d) Expiration. Under the following circumstances, every permit issued by
the building official under the provisions of this coda shall expire
by limitation and became null and void:
(1) if the building or work authorized by such permit is not comm
menced within 180 days from the date of such permit;
(2) if after 180 days frau the date of such permit, less than 10
percent of the total cost of all construction, erection, altera-
tion, enlargement, repair, demolition or other work covered by
such permit is completed on the site;
(3) if the building or work authorized by such permit is suspended or
abandoned at any tine after the work is cam enced for a period of
180 days;
(4) if the building or work authorized by such permit is not com-
pleted within twenty-four (24) months frau the date the permit
was issued.
Before such work can be recommenced, a new permit shall be first
obtained so to do, and the fee therefor shall be one-half the amount
required for a new permit for such work, provided no changes have been
made or will be made in the original plans and specifications for such
work; and provided further that the expiration of the permit for such
work has not exceeded one year. In all other cases, in order to renew
action on a permit after expiration, the permittee shall pay a new
full p rmdt fee.
Any permittee holding an unexpired permit may apply for an exten-
sion of the tine within which he may commence work under that permit
when he is unable to camrence work within the time required by this
section for good and satisfactory reasons. The building official may
extend the tine for action by the permittee for a period not exceeding
180 days upon written request by the permittee showing that circum-
stances beyond the control of the permittee have prevented action frau
being taken. No permit shall be extended more than once.
(6) UBC Section 304, Fees, is wended to read as follows:
(a) General. All fees for and/or associated with each required permit
shall be paid to the City as set forth in the fee schedule as
etablished by resolution by the City Council.
The latest edition of the Building Standards as prepared by the
International Conference of Building Officials may be used to
determine the valuation of a permit.
7
Ordinance No. 89-3406
Page 5
(7) UBC Section 307, Certificate of Occupancy, Subsection (a), is amended
to read as follows:
(a) Use or Occupancy. No building or structure of Group A, B, E, H, I or
R occupancies shall be used or occupied and no change in the existing
occupancy classification of a building or structure or portion thereof
shall be made until the building official has issued a Certificate of
Occupancy therefor as provided herein.
(8) UBC Section 401, Definitions, General, is welded to read as follows:
General. For the purpose of this code, certain tens, phrases, words
and their derivatives shall he construed as specific in this chapter. Words
used in the singular include the plural and the plural the singular. Words
used in the masculine gender include the feminine and the feminine the
nmascul ire.
Where terms are rot defined, they shall have their ordinary accepted
meanings within the context with which they are used. Webster's New Colle-
giate Dictionary shall be considered as providing ordinarily accepted
meanings.
(a)-(e) Reserved.
(8) UBC Section 407, Definitions, "F", the "definition of "Family," is
amended to read as follows:
FAMILY. One (1) person or two (2) or more persons related by blood,
marriage, adoption or placement by governmental or social service agency,
occupying a dwelling unit as a single housekeeping organization. A family
prey also be two (2), but not more than two (2), persons not related by
blood, marriage or adoption.
(g) UBC Section 408, Definitions, "G", the definition of "guest" is
amended to read as follows:
GLEST. An individual Oho shares a dwelling in a non-permanent status
for not more than 30 days.
(h) UBC Section 409, Definitions, "H", the definition of "hotel" is
amended to read as follows:
HOTEL. A residential building licensed by the state and occupied and
used prinicipally as a place of lodging for guests.
(i)-(q) Reserved.
(4) UBC Section 419, Definitions, "R", the definition of "roaring
house" is amended to read as follows:
ROOMING HOUSE. Any dwelling or that part of any dwelling containing
one or more rooming units in which space is let by the owner or operator to
four (4) or more roamers.
(s) Reserved.
(t) UBC Section 421, Definitions, "T", the definition of "truss" is
amended to read as follows:
TRUSS. Is a pre-built and engineered component employing one or more
triangles in its construction or an approved designed and engineered compo-
nent that functions as a structural support member.
(9) UBC Section 1201, Requirements for Group R Occupancies, Division 1,
is amended to read as follows:
Division 1. Hotels, apartment houses and roaring houses. Convents and
monastery (each accommodating more than ten (10) persons).
(10) UBC Section 1205, Light, Ventilation and Sanitation, Subsection
(a), is amended to read as follows:
(a). Light and Ventilation. All guest roans, dormitories and habitable
roars within a dwelling unit shall be provided with natural light by means
of exterior glazed openings with an area not less than eight percent (8%)
I
Ordinance No. 89-3406
Page 6
of the floor area of such rwib with a minimm of eight (8) square feet.
All bathrooms, water closet ccnpartments, laundry Nun, and similar rooms
shall be provided with natural ventilation by means of openable exterior
openings with an area not less than one-twenty-fifth (1/25) of the floor
area of such roan with a minimm of one and one-half (1 1/2) square feet.
All guest rwrb, dormitories and habitable roans within a duelling unit
shall be provided with natural ventilation by means of openable exterior
openings with an area of not less than one-twenty-fifth (1/25) of the floor
area of such rwib with a minimum of four (4) square feet.
In lieu of required exterior openings for natural ventilation, a me-
chanical ventilating system may be provided. Such system shall be capable
of providing two (2) air changes per hour in all guest rocas, dormitories,
habitable roans and in public corridors. One-fifth (1/5) of the air supply
shall be taken frau the outside. In bathrwm, water closet compartments,
laundry roars and similar roams, a mechanical ventilation system connected
directly to the outside, capable of providing five (5) air changes per
hour, shall be provided. For the purpose of determining light and ventila-
tion requirements, any roam may be considered as a portion of an adjoining
room when one-half (1/2) of the area of the amnion wall is open and unob-
structed and provides an opening of not less than eight (8) percent of the
floor area of the interior roam or twenty-five (25) square feet, whichever
is greater.
Required exterior openings for natural light and ventilation shall open
directly onto a street or public alley or a yard or court located on the
same lot as the building.
EXCEPTIONS:
1. Required windows may open onto a roofed porch where the porch:
a. Abuts a street, yard or court; and
b. Has a ceiling height of not less than seven (7) feet; and
c. Has the longer side at least sixty-five (65) percent open and
unobstructed.
2. Kitchens need rot be provided with natural light by mans of exterior
glazed openings provided artificial lighting is provided.
(11) UBC Section 1207, Roan Dimensions, Subsection (a), is amended to read
as follows:
(a). Ceiling Heights. Habitable space shall have a ceiling height of
not less than seven feet six inches (7'6") except as otherwise permitted in
this section. Kitchens, halls, bathrooms and toilet carpartments may have
a ceiling height of not less than seven (7) feet measured to the lowest
projection fran the ceiling. 4hnere exposed beam ceiling members are spaced
at less than 48 inches on center, ceiling height shall be measured to the
bottom of these ambers. Where exposed beam ceiling Renters are spaced at
48 inches or more on center, ceiling height shall be Treasured to the bottom
of the deck supported by these ambers, provided that the bottom of the
rrerbers is not less than seven (7) feet above the floor.
If any roan in a building has a sloping ceiling, the prescribed ceiling
height for the room is required in only one-half (1/2) the area thereof. No
portion of the roan treasuring less than five (5) feet frau the finished
floor to the finished ceiling shall be included in any amputation of the
minimun area thereof.
If any roan has a furred ceiling, the prescribed ceiling height is
required in two-thirds (2/3) the area thereof, but in no case shall the
height of the furred ceiling be less than seven (7) feet.
1
Ordinance No. 89-3406
Page 7
EXCEPTIONS:
1. The ceiling height in Group R, Division 3 occupancies, ndy be re-
duced to six feet eight inches (6'8") for main support beams, but in
no case shall reduce the prescribed ceiling height by less than
two-thirds (2/3) of the floor area of the roan.
2. The ceiling height in basements of Group R, Division 3 occupancies
which existed prior to the adoption of the 1988 Uniform Building
Code, may be reduced to seven feet, but shall rreet all other re-
quirements of the code.
(12) UBC Chapter 17 is amended by adding the following new section 1717,
Minimm Ceiling Heights, to read as follows:
All occupancies shall have a minimae ceiling height of rot less than
seven (7) feet measured to the lowest projection from the ceiling except as
otherwise required by this code.
(13) UBC Chapter 17 is amended by adding the following new Section 1718,
Trusses, to read as follows:
Preparation, fabrication and installation of trusses shall conform to
accepted engineering practices and to the requirements of this code. No
alterations, including bit not limited to cutting, splicing or removal of
webs, gussetts or cords, shall be made without approval of a certified
engineer and the building official. Any alterations not acceptable to the
building official shall be corrected or the altered rrerrber removed and
replaced with an acceptable method of construction.
(14) UBC Section 1807, Special Provisions for Group B, Division 2 Office
Buildings and Group R, Division 1 Occupancy, subsection (a), is amended to
read as follows:
(a). Scope. This section shall apply to all Group B, Division 2,
office buildings and Group R, Division 1, occupancies located in buildings
which are more than four (4) stories or sixty-five (65) feet above the
lowest level of fire department vehicle access or of greater height than the
ladder capability of the fire department fran the lowest level of department
vehicle access. Such building shall be provided with an automatic sprinkler
system in accordance with Section 1801.(c).
(15) UBC Section 2516, General Construction Requirements, Subsection
(f).4.B., is amended to read as follows:
Sec. 2516.(f).4.B. Attics. Draft stops shall be installed in attics,
mansards, overhangs, false fronts set cut fran walls and similar concealed
spaces of buildings so that the area between draft stops does not exceed
three thousand (3,000) square feet and the greatest horizontal dimension
does not exceed sixty (CO) feet. Such draft stops shall be above and in
line with the walls separating tenant spaces from each other and divide the
attic spaces into apprxirrately equal areas.
EXCEPTION:
1. Where approved automatic sprinklers are installed, the area between
draft stops may to nine thousand (9,000) square feet and the great-
est horizontal dimension may be one hundred (100) feet.
2. Draft stops in attics of single-family dwellings may be omitted.
(16) UBC Section 2907, Footings, Subsection (a), is amended to read as
follows:
(a). General. Footing and foundations, unless otherwise specifically
provided, shall be constructed of masonry, concrete or treated wood in
conformance with U.B.C. Standard No. 29-3 and in all cases shall extend
below the frost line. Footings of concrete and rresonry shall to of solid
material. Foundations supporting wood shall extend at least six (6) inches
I
Ordinance No. 89-3406
Page 8
above the adjacent finish grade. Footings shall have a minimm depth as
indicated in Table No. 29-A unless another depth is recamended by a founda-
tion investigation.
EXCEPTION: A one-story accessory building rot used for human occupancy
and not over one-thousand (1,000) square feet in floor area need not be
provided with a footing extending below the frost line.
TABLE NO. 29-A, Foundations for Stud Bearing Walls - Minium require-
npnts, is wended to read as follows:
I
Ordinance No. 89-3406
Page 9
TABLE NO. 29-A - FOUNDATIONS FOR STUD BEARING WALLS - MINIMUM REQUIREMENTS
Minimum Depth of
Number of Thickness of Foundation Below
Floors Foundation Walls Minimum Natural Surface of
Supported (Inches) Width Thickness Ground or Finish
By the , Unit Footing of Footing Grade (Whichever
FoundationConcrete Masonry (Inches) (Inches) is Lower (Inches)
1 8 8 16 8 42
2 8 8 16 8 42
3 8 10 18 8 42
1Foundations may support a roof in addition to the stipulated number of
floors. Foundations supporting roofs only shall be as required for support-
ing one floor.
I
Ordinance No. 89-3406
Page 10
(17) UBC Section 3205, Attics: Access, Draft Stops and Ventilation,
Subsection (a) , is amended to read as follows:
(a) . Access. An attic access opening shall be provided in the ceiling
of the top floor of buildings with combustible ceiling or roof construc-
tion. The opening shall be located in a corridor or hallway of buildings
of three (3) or more stories in height and readily accessible in build-
ings of any height. Closets are not deemed to be readily accessible.
The clear opening shall be not less than twenty inches by thirty
inches (20"x30") .
Thirty inch (30") minimum clear head room shall be provided above the
access opening.
Attics with a maximum vertical clear height of less than thirty inches
(30") need not be provided with access openings.
(18) UBC Section 3306. Stairways, Subsections (j) and (p) , are
amended to read as follows:
(j) . Handrails. Stairways shall have handrails on each side, and
every stairway required to be more than 88 inches in width shall be
provided with not less than one intermediate handrail for each 88 inches
of required width. Intermediate handrails shall be spaced approximately
equally across the entire width of the stairway.
EXCEPTIONS:
1. Stairways less than 44 inches in width or stairways serving one
individual dwelling unit in Group R, Division 1 or 3 Occupan-
cies may have one handrail .
2. Private stairways 30 inches or less in height may have hand-
rails on one side only.
3. Stairways having less than four risers and serving one individ-
ual dwelling unit in Group R, Division 1 or 3, or serving Group
M Occupancies need not have handrails.
The top of handrails shall be placed not less than 30 inches nor more
than 38 inches above the nosing of treads. They shall be continuous the
full length of the stairs and except for private stairways at least one
handrail shall extend not less than 6 inches beyond the top and bottom
risers. Ends shall be returned or shall terminate in newel posts or
safety terminals.
The handgrip portion of the handrails shall be not less than 1-1/2
inches nor more than 2 inches in cross-sectional dimension or the shape
shall provide and equivalent gripping surface. The handgrip portion of
handrails shall have a smooth surface with no sharp corners.
Handrails projecting from a wall shall have a space of not less than
1-1/2 inches between the wall and the handrail .
(p) . Headroom. Every stairway shall have a headroom clearance of not
less than 6 feet 8 inches. Such clearances shall be measured vertically
from a plane parallel and tangent to the stairway tread nosings to the
soffit above at all points.
EXCEPTION: Within individual dwelling units the headroom clearance
may be reduced to 6 feet 6 inches.
(19) UBC Section 3314. Exit signs, Subsection (a) is amended to read
as follows:
(a) . Where Required. Exit signs shall be installed at required exit
doorways and where otherwise necessary to clearly indicate the direction
of egress when the exit serves an occupant load of 12 or more.
EXCEPTION: Within individual dwelling units, guest rooms and sleeping
rooms exit signs will not be required.
7
Ordinance No. 89-3406
Page 11
(20) UBC Section 3802(h) . Group R, Division 1 Occupancies, is amended
to read as follows:
(h) . An automatic sprinkler system shall be installed throughout
every apartment house three or more stories in height or containing more
than 15 dwelling units, and every hotel three or more stories in height
or containing 20 or more guest rooms. Residential or quick-response
standard sprinkler heads shall be used in the dwelling unit and guest
room portions of the building.
For the purpose of this section, area separation walls shall not
define separate buildings.
(21) UBC Section 4506, Awnings, Subsection (b) , is amended to read as
follows:
(b) Construction. Awnings shall have non-combustible frames but may
have combustible coverings. Every awning shall be collapsible or
retractable. When collapsed, retracted or folded against the face of the
supporting building, the design shall be such that the awning does not
block any required exit.
EXCEPTIONS:
(1) A fixed awning not more than 20 feet in length may be erected over a
doorway or window of a building.
(2) A fixed awning may be of any length when constructed of a flame
retardant material and be designed to allow ground ladder access to
the upper level windows. The flame retardance of the material shall
be integral to the fabric, not a temporary treatment. Ladder access
shall comply with NFPA recommendations , which will be determined by
the Fire Chief.
(22) Deletions. The following sections of the Uniform Building Code
are not adopted:
1. Section 304. (b) , (c) and (e) .
2. Section 305. (e) , 2 and 4.
3. Table No. 3-A.
4. Section 511.
5. Section 1205. (b) , (c) and (d) .
6. Section 1214.
7. Section 1707. (c) and (d) .
8. All Appendix Chapters.
SECTION IV. REPEALER: All ordinances and parts of ordinances in conflict
with the provision of this ordinance are hereby repealed.
SECTION V. SEVERABILITY: If any section, provision or part of the Ordinance
shall be adjudged to be invalid or unconstitutional, such adjudication shall
not affect the validity of the Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconstitutional .
SECTION VI. EFFECTIVE DATE: This Ordinance shall be in effect after its
final passage, approval and publication as required by law.
Passed and approved this 2nd day of May, 1989.
ALI a oaSta'se
MAYOR
ATTEST: s„i„ata `Kciu)
CITY CLERK
(4i421.91 To,FORM
LEGAL DEPARTMENT
1
It was moved by Balmer and seconded by Ambrisco that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
Kubby
Larson
McDonald
First Consideration 4/18/89
Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson,
McDonald, Ambrisco, Balmer. Nays: None. Absent: None.
Second Consideration
Vote for passage:
Date published 5/10/89
Moved by Balmer, seconded by Ambrisco, 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: Larson, McDonald, Ambrisco, Balmer,
Courtney, Horowitz, Kubby. Nays: None. Absent: None.
7
CITY CF IOWA CITY
CMC CENTER 410 E. WASHINGTON ST. IOWA 0I1Y, IOWA 52240 (319) 356-5CW
STATE OF IOWA
S5
JOHNSON COUNTY )
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3406 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
2nd day of May , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 10th day of May , 19 89
Dated at Iowa City, Iowa, this 5thday of June ,19 A9
(471- 61124a na Parrott, Deputy City Clerk
6nie. 67- .2 run
/ �l d AN ORDINANCEPeENDIIG CtWPTIER 8, ARTICLE II, E BUILDING COOS, BY ADOPTIW 11-E LNIFOR1 BUILDING CODE STANDARDS, 1998 EDITION XII 11E 1998 EOI1IDt' CF 11E
Ut4IFOR1 BUILDIG CODE EDITED BY TIE INTEFNATIBiAL CONFERENE CF BUILDING OFFI-
CIALS,
OF 1W FEALTR,GWELFAIE AANDFOR NWENCFENTS SAFETY OF 11En CITIZENS OF 1TO YIDE FOR 11E O44 CITY, IOWA.
1
EC-
FE IT DeBADEO BY 11E CITY COUNCIL OF 11E CITY CF IOWA CITY, IOWA,T}WT:
SECTION 1. PURPOSE. The purpose of this Ordinance is to adopt the Uniform
Ni hoes Coict StaWards 1988 Edition, and the 1998 Edition of the Unifier
Building Cade as prepared and edited by the International Conference ofBild-
ld-
ing Officials; and to provide for certain amto
nrhents thereof; provide
the protection of the health, welfare and safety of the citizens of lava City,
lave, and provide for its enforcerent.
SECTION 2. Section offtheCode of following
�. 8-16 the isity of Iota enacted inClieu
lora is the hereby repealed
thereof:
Sec. 8-16. Picketed.
Subject to the following erendreits, the Uniform Building Cede Standards,
1988 Edition, and the 1908 Edition of the Uniform Building Code are heereby
adopted, and shall be known as the lora City Building Cede,
or thelding
Code. Interpretations of the Building Official shall be guided by the Ul2C
Application/Interpretation Manual.
SECTIai 3. Section 8-17 of the Cede of Ordinances of the City of lova City,
Iota is hereby repealed and the following nor Sec. 8-17 is enacted in lieu
thereof:
Section 8-17. Amdrents. The following sections of the 1988 Edition of
the Uniform Building Cede (UX) are ambled to read as follows:
(1) TIBC Section 202, Powers and Duties of Building Official, is mended to
read as follws:
(a) General. The building official is hereby authorized and directed to
enforce all the provisions of this code. For such purposes, he/she
shall have the pones of a lad enforceent officer.
(b) Deputies. In accordance with prescribed procedures and with the
approval of the City Manfficers, ibuildinge andfotherlshall eiployees aasnt such
nay be
neceor of technical utfthfu inspectorser
necessary to carry at the functions of the code enforcemnt agency.
. ' (c) Right of Entry. Whenever necessary to make an inspection to enforce
any of the,provision of this code or whenever the building official or
his authorized representative has reasonable cause to believe that
there exists in any building or upon at promises, any condition which
of
thssbiiaunsafe as defined in Section 203
this de, the building official or his authorized representative nay
enter such buildings premises at all reasonable times to inspect the
same or to perform any duty imposed upon the building official by this
code, provided that if such building or premises be occupied, INVehe
shall first present proper credentials and requestentry; and if such
building cr premises be unoccupied, he/she shall first make a reasona-
ble effort to locate the owner or other persons having charge or
�/ control of the building or premises and request entry. If such entry
Printer's fee 5L3.L9 is refused, thebuilding official or his/her authorized representative
shall have recourse and every rimed,provided by lad to secure entry.
CERTIFICATE OF PUBLICATIONNo owner or occupant or any other person having charge, care or
control of any building or premises shall fail or reglat, after
STATE OF IOWA. Johnson County, ss: proper request is rade as herein provided, to pranptly permit entry
THE IOWA CITY PRESS-CITIZEN therein by the building official or his/her authorized representative,
for the purpose of inspection and examination pursuant to this code.
My person violating this subsection shall be guilty of a misde-
neano'.
(d) Notices.
(1) Whenever any work is performed in violation of this code, the
I building official may serve a written notice or order Won the
Carol Barr, being duly sworn, say that I owner er his/her agent, directing him/her to discontinue the
am the legal clerk of the IOWA CITY violation.
g (2) In the event such notice or order is not prorptly combed with,
PRESS-CITIZEN, a newspaper the Wilding official may institute an action at lav or inequity
ublished in saidand that to require compliance and to enjoin occupancy of the structure
P county, a whileit is not in anal lance with this code..
notice, a printed copy of which is hereto (e) Stop Work Orders. Wlmenever any work is being done contrary to the
attached, was published in said paper provisions of this cede, the building official.ney order the work
stopped by notice in writing served on any person engaged in the doing
time(s),— /
on the following or causing such work to lee done, and any such persons shall forthwith
date(s): stop such work until authorized'by the building official to proceed
with the work.
/77 '/ay / / /7,9
(f) Occupancy Violations. Whenever any building or structure or eluipeent
therein regulated by this code is being used contrary to the provision
of this code, the building official nay ode- such use discontinued
and the structure, or-a portion thereof, vacated by notice served on
////n���� any person causing such use to Le continued. Such person shall discon-
tinue the use within the tine period prescribed by the building offi-
cial cial after receipt of such notice to make the structure, or portion
thereof, coiply with the requirerents of this code.
Legal Clerk (g) Liability. The building official or his/her authorized representative
charged with the enforcement of this code, acting in good faith and
without malice in the discharge of his/her duties, shall not thereby
Subscribed and sworn to before me render bin-self/herself personally liable for any damage that may occur
to persons a- property as a result of any act or by reason of any act
or omission in the discharge of his/her duties. Any suit bought
this day o . A.D. against the building official or employee because of side;aet-or:
isshn , shall j by hinged in the enforcement vofi any prairie') of
this cede, shall be defended by legal counsel provided by thts',jiris-
19ei
diction until final termination of such proceedings. ,
This code shall not be construed to relieve frau or lessen the
responsibility of any- person owning, operating- or controlling any
,[ building or structure for any damagesto persons or property caused by
defects, nu-shall the cad enforcement agency or its parent jurisdic-
Notary Public tion be held as assuming any such liability by reason of the inspec-
tions authorized by this code or any certificates of inspection issued
SHARON STUBBS ', under this code.
(h) Cooperation of Other Officials and Officers. The building official
i . .. .... may request, and shall receive so far as is required in the discharge
of his/her duties, the assistance and cooperation of other officials
- - of this jurisdiction.
(2) UPC Section 204, Board of Appeals, is amended to read as fol lees:
Board,of Appeals. In order to determine the suitability of alternate
materials and methods of construction and,to provide for reasonable..inter-
pretation of this ccde,`"9+kre shall be,and is hereby created Of
Appeals consistingef eeatet who are qualified by e>perlence jeleig
to pass upon eatter•'it pertaining to Wilding construction and i
ns of the building official and who are not eiployees of the j
The building official shall he an ex officio neater df and 'as
secretary to said Board. The Board of Appeals shall to appoin *ire
City Council ed shall hold office at its pleasure. The Board shall adopt
rules and proceiires as set forth in the Iwa City Administrative Corp.
(3) UBC Section 205, Violations, is amended to read as folloes:
(a) Penalties.
(1) A person who shall violate a provision of this ordinance or fail
to Imply therwith or-witbiley of the requirements thereof or
who shall erect, construct, alter or repair or have erected,
constructed, altered or repaired a building or structure in
violation of a detailed staterent or plan submitted and approved
thereunder, shall be guilty of a misdeeanor punishable by a fine
not exceeding$100 or inpriscarent not exceeding 30 days.
boette• V 7 - -..15`-`-' c
�, 0
•
h (2) The curer of a building, structure or promises where anything in -
violation of this ordinance shall be placed or shall exist, and (8j UBC Section 407, Definitions, "F", the "definition of "Family," is
any architect, builder, contractor, agent, person or corporation wended to read as follows:
employed in connection therewith, and any vim may have assisted ria e,. Ore (1) person m two (2) or were persons related service bnd,
in the omission of such violation shall to guilty of a separate occupying
adoption a-nit-amat singlebgrvemeneep a social ionagency,
offense, ncyuplso a Smiling abut not a an to ( ), organization. 'l family
(b) Abata�nt. The inpmition of penalties herein prescribed shall not ' nay also he two -ad but more than two (2), persons not related'by
preclude the City from instituting an appropriate.action or proceeding blend,marriageUDC or adoption.
to prevent an unlawful erection, construction, reconstruction, Altera- armed aecafion 4�, Oefinittms, "G", the definition of "guest" is
tion, repair, conversion, mainteance or use or to restrain, erect or ' IE T. read as lvi ual
abate a violation or to prevent the occupancy of a building, structure �• An individual 'ha shares a Selling in a man-penwnent status
for not more than 30 days.
cur.premises. (h) UBC Section 409, Definitions, "H", the definition of 'hotel" is
(4) UBC Section 301, Permits, Subsection (b), is minded to read as
follows: amended tL.readAas Collars:
(b) Exempted Work. A building permit shall not be required for the fol- �• A ly as a ala buildinglalicensed esby the state and occupied and
lowing: used )-(q) ipaler ed a Place of lodging fa-guests.
(1) One-story detached accessory tuildings used as tool and storage (4)-(q1 Resected.
sUBC Section Definitions, "R", the definition of "roaming
sheds, Playhouses and similar uses, provided the floor area does
house' is amended to read as follows:
not exceed 144 square feet. TAMING MUSE. Any dwelling or that part of any Belling containing
(2) Fences rat over six feet high. onorroome or more coming units in which space is let by the owner a operator to
(3) Oil derricks. • fair (4) a'mare.ismer s.
(4) lovable cases, counters and partitions not over five feet.nine (s) .
inches high. (t) UBC section.421, Definitions; 'T', the definition of "truss" is
(5) Retaining walls which are not over•fair feet in height measured
from the tap of the forting to the top of the well, unless sup- orerdedS. 'read as follows:
porting a surcharge or impounding flemable liquids. tr • Isia pre-Wilt aor engineered codmment end en i ere c rpomar-
(6) Water tanks supported directly upon grade if the capacity does neitnthat in its construction an approved et r. and engineered cape-
(6)
exceed 5,000 gallons and the ratio of height to diameter or nest that functions 12as a structuraleqsupportfroper.
width does not exceed two to one. (9) ed• Section s2fo,follows: for Group R Occupancies, Division 1,
(7) Walks and driveways rot over any baserent or storybelcuw. is Dhivisi•to read asel follows:
(8) Painting, papering and similar finishwork.
Division 1. Hotels, aparhmnt houses and rooming.houses. Convents and
(9) Teryaary motion picture, television and theater stage sets and canasta), (each acmmddating wore than ten 10) persons).
serpry. m (10) 1K Section 1205, Light, Ventilation and Sanitation, Subsection
LO (a), is mended to read as follows:
( ) Window aurin es supported by an exterior wall of Group,R, Division (a). Light and Ventilation. All guest rams,dormitories and habitable
3, and Group M. occupancies when projecting not more than. 54 roam within a delling unit shall be provided with natural light by means
inches..
of exterior glazed easings with an area not less than eight percent (8%)
(11) Prefabricated sinning pools accessary to a Group R, Division 3, of the floor area of suchroars with a minima of eight (8) square feet.
occupancy in'AIM the pool rolls are entirely above the adjacent All bathrems, water closet copartnents, laurxhy roars and similar rams
Tack if the capacity does not exceed 5,000,gallons and is less
than 18 inches in depth. shall 6e provided with less than Ineibr by of 25) ofeexterior
(12) Reapplication of roof shingles and siding of Group R,•Division 3, area ofs with an area not less than ore-twenty-fifth (1/25) of the. floor
and Group II occupancies if structural alterations are not. area such roan with a minimae of one and one-half (1 1/2)square feet.
needed, All guest Tided domitrn'ies and habitable rears within a dwelling unit
Unless othewise exerpted, separate plaiting, electrical and nerhani- shall be provided with natural ventilation by means of hpenable exterior
cal permits will to required for the above-exehpted iters. i openings with an area of not less then me-twenty-fifth (1/25) of the floor
Exemption free the permit requireients of this code shall not de area of such room with exterior
m of far (4) square feet.
dared to grant authorization for any work to to done in any manna- in nInl lieu of required ten nay openings for naturalyventilation,atea ble
violation of the provisions of this code a-any other laws or ordi- of ventilating system may be provided. Such system shall on capable
nances of this jurisdiction. of providing two (2) air changes per hour in all guest roars, dormitories,
habitable room and in public corridors. One-fifth (1/5) of the air supply
h
lotion:(5) UBC Section 363, Expiration, Subsection (d), is mended to read as shall te taken from the outside. In bathroom, water closet coparbments,
(d) Ehyiration, Under the following circumstances, every permit issued by laundry ro and similar roam, a mechanical ventilation system connected
the building official under the provisions of this code shall expire ah
directlysthe outside,. capable of providing five (5) air changes per
ventila-
by limitation and berme null and void: hour, shall
de provided. For the purpose re determining light and(L) if the building or wok authorized by such permit is rot carr tion requirments, any rein hhey to censide ed as a portico of an adjoining
nencedwithin 180 days from the date of such permit; ream wpm one-half (1/2) of the area of the comm wall is open and urgb-
(2) if after 180 days from the date of such. permit, Tess than 10 strutted and provides an opening of not less than eight (8) percent of the
percent of the total.cost of all construction, erection, altera-
tion, floor area of'the interior roan or twenty-five (25) square feet,whichever
tion, enlargment, repair, derolition u- other work covered by is greater.
such' rmit is rmpleted on the site; Required exterior comings fa natural light and ventilation shall open
(3) if the building or work authorized by such permit is suspended a directly mina street.a public alley or a yard or cart located on the
abandoned at any tinemmu
after the work is nced for a period of sone lot as the Wilding..
EXCEPTIONS:
(4) if building or work authorized by such permit is cot.ear 1. Required windows hey open onto a roofed porch viae the porch:
pleted within twenty-far (24) months fran the date the a. Hasta street, yard or cart;:and
was issued. pmmt b. Has a
a ceiling height of not less than seven (7) feet; and
Before such wok can be recamenced, anew permit shall be first c. Has the longer side at least sixty-five (65) percent open and
obtained so to do, and the fee therefor shall be one-half the anoint Kitchensenneed
required for a new permit for such work, provided no changes have been 2. rnid not de provided with natural light byvi mains of exterior
node or will to nude in the original plans and specifications for such glazed ctopenings1provided artificial lighting isn (a),provided.
work; and provided'further that the epiratim of the permit for such (11) UBC section 1207, Roan Dimensions, Subsection (aj, is'amended to read
work has not exceeded ane year. In.all other races, in order to renew az (a)lows:
action m a permit after enpiration, the permittee shall pay a new (a).eCeiling n ehts. Habitable( space") shall have a otherwise ceiling hefted in
full permit fee. not less than seven feet six inches (7'6") except as permitted in
this section. Kitchens, halls, bathroom and toilet compartments may have
My permittee holding an umpired permit nay apply for an eaten-
a ceiling height of
sum of the time within which he ray camence work under that permit not less than seven (7) feet moored to the lowest
when he is unable to mum work within the tine required bythis projection from the ceiling. Where eiling beam ceiling members are spaced
section fa good and satisfactory reasons. The.building hey at less than 48 inches en center, ceiling height shall be reasured to the
extend the tine for action by the permittee for a period not officialexceedingbutton of these.nemers. Whore exposed beam ceilingTreted are spaced at
48 inches a more m center, ceiling height shall te measured to the button
Ifll days hgoh written reouest by the permittee that circum-
of the deck supported by these ) feers, provided that the batten of the
stances beyond the control of the permittee have prevented action fran
' being taken. No permit.shall to extended rare than once. mannas is not less than seven (7) fslopinove the floor.
(6) UBC Section 304, Fees, is mended to read as follows: If any coon.in a building has a sloping ceiling, the prescribed ceiling
heightNo
(a) General. All fees for arra/or associated with each required permit fa the ran is required in only me-half (1/2) the area thereof.portion of theroan hrelsuring less than five (5) feet from the finished
shall to paid to the City as set forth in the fee sdndrle as
etablished by resolution by the City Carroll. -- - - -- - -
The latest edition of the Building Standards as preparedthe
International Conference. of Building Officials ray be used to
determine the valuation of a permit.
' (7) UBC Section 307, Certificate of Occupancy, Subsection (a), is mended
to read as Collars:
(a) Use or Occupancy. No building or structure of Group A, B, E, H, I or
R occupancies shall be used or occupied and no change in the existing
occupancy classification of a building a-structure or portion thereof
shall be nude until the building official has issued a Certificate of
Occupancy therefor as provided herein.
(8) UC Section 401, Definitions, General, is mended to readers follows:
General. For the purpose of this code, certain terns, phrases,words
, and their derivatives shall to construed as specific in this chapter. Words
used in the singular include the plural and the plural the singular. Words.
used in themasculine gender include the feminine and the feminine the
mascul ire.
Where terms are not defined, they shall have their ordinary accepted
meanings within the context with which they.are.used. Webster's Naw Celle-
' giate Dictionary shall be considered as providing ordinarily accepted 1
meanings.
Cr-CR( . ri i v r _ -
3523
r (17) UBC Section 3205, Attics: Access, Draft Stops and Ventilation,
Subsection (a), is amended to read as follows:
I (a).. Access. An attic access opening shall be provided in the ceiling:
of thetop floor of buildings with combustible ceiling or roof construc-I
tion. The opening shall be located in a corridor or hallway of buildings
__ --- of three (3) or more stories in height and readilyaccessible in build-'
flow to the finished ceiling shall be included in any Imputation of the ings of any height. Closets are not deemed to be readily accessible.
minimus area thereof. . The clear opening shall be not less than twenty inches by thirty
If any roan has a furred ceiling, the prescribed ceiling height is inches (20"x30").
required in two-thirds (2/3) the area thereof, bit in no case shall the Thirty inch (30") minimum clear head room shall he provided above the
height of the furred ceiling to less than seven (7) feet. • access opening.
EXCEPTIONS: Attics with a maximumvertical clear height of less than thirty inches
1. The ceiling:height in Group R, Division 3 occupancies, my he re- (30") need not be provided with access openings.
diced to six feet eight inches'(6'8").for main support teams, but in (18) UBC' Section 3306. Stairways, Subsections (j) and (p), are
no case shall reducer, the prescribed ceiling height by less than amended to read as follows: .
Wo-thirds (2/3) of the floor areaof the roan. (j). Handrails. Stairways shall have handrails on each side, and:
2. The ceiling height in basarents of Group R, Division 3 occupancies every stairway required to be more than 88 inches in width shall be
which existed prior to the adoption of the 1916 Uniform Building provided with not less than one intermediate handrail for each 88 inches
Code, my be reduced to seven feet, but shall meet all other re- of required width. Intermediate handrails shall be spaced approximately
quirenents of the code. equally across the entire width of the stairway.
(12) UBC Chapter 17 is amendedby adding the followingnew.section 1717, EXCEPTIONS:
Minim Ceiling Heights, to read as follows: 1. Stairways less than 44 inches in width or stairways serving one
All occupancies shall have a minimus ceiling height,of rotless than individual dwelling unit in, Group R, Division 1 or 3 Occupan-
seven (7).feetmeasured to the lowest projection fran the ceiling except as- - cies may have one handrail.
otherwise required by this code. 2. Private stairways 30 inches or less in height may have hand-
(13) UBC Chapter 17 is mended by adding the following new Section 1718, rails on one side only.
Trusses, to read as follows: 3. Stairways having less than four risers and serving one individ-
Prwaration, fabrication and installation of trusses shall conform to ual dwelling unit to Group R, Division 1 or 3, or serving Group
accepted engineering practices and to the requirerents of this. code. No M Occupancies need not have.handrails.
' alterations, including tut not limited to cutting, splicing or removal of The top of handrails shall be. placed not less than 30 inches nor more
• webs, gussetts or cords, shall he neon without approval of a certified than 38 inches above the nosing of treads. They shall be continuous the
engineer and the building'official. Any alterations rot acceptable to the full length of the stairs and except for private stairways at least one
building official shall he corrected or the altered war relayed and handrail shall extend notless than 6 inches beyond the top and bottom
replaced with an acceptable'nethed of construction: risers. Ends shall be returned or shall terminate in newel posts or
(14) UBC Section 1807, Special Provisions for Grew:8, Division 2 Office safety terminals.
Buildings and Group R,Division 1 Occupancy, subsection,(a), is waded to The handgrip portion of the ,handrails shall be not less than 1-1/2
read as.follows: inches nor more than 2 inches in. cross-sectional dimension or the shape
• (a). Scope. This section shall apply to all Group B, Division 2, shall provide and equivalent gripping surface. The handgrip, portion of
office buildings and Group R, Division 1, occupancies located inbuildings handrails shall have a smooth surface with no sharp corners.
h*hich are more than four (4) stories or sixty-five (65) feet above the Handrails projecting from a wall shall have a space of not less than
lowest level of fire department vehicle access or of greater height than the 1-1/2 inches between the wall and the handrail.
ladder capability of the fire department Than the lowest level of apartment (p). Headroom. Every stairway shall have a headroom clearance of not
vehicle access. Such building shallhe provided with an autmatic sprinkler less than 6 feet. 8 inches. Such clearances shall be measured vertically
system in accordance with Section 1807.(c).. from a plane, parallel and tangent to the stairway tread nosings to the
(15) UDC Sectim 2516, General Construction Requirements, Subsectionsoffit above at all points.
(f).4. ., is waded to read as follows: EXCEPTION: Within individual dwelling units the headroom clearance
Sec. 2516.(f).4.B. Attics. Draft stops shall to installed in attics, may be reduced to 6 feet 6 inches.
mansards,overhangs, falsefronts set out franwalls and similar concealed (19) UBC Section. 3314. Exit signs, Subsection (a) is amended to read
spaces of buildings so that the area betanin draft stops does not exceed as follows:
three thousand (3,000) square feet and the greatest horizontal dimension (a). Where Required. Exit signs. shall be. installed at required exit
does not exceed sixty(67) feet. Such &aft stops shall be above and in doorways and where otherwise necessary to clearly indicate the direction
line with the walls separating tenantspaces franeach other and divide the of egress when the exit serves an occupant load of 12 or more.
attic spaces into apprxinetely equal areas. EXCEPTION:' Within individual dwelling units, guestrooms and sleeping
EXCEPTION: rooms exitsigns will not be required.
' 1. Where approved wtaretic sprinklers are installed', the area between (20) UBC Section 3802(h). Group R, Division 1 Occupancies, is amended
daft stops nay he nine ttnusand (9,000) square feet and the great- to read as follows:
Est horizontal dimension nay beone hundred (100) feet. (h). An automatic sprinkler system shall be installed throughout
2. Draft stops in attics of single-family Wellings nay he omitted. every apartment house three or more stories in height or containing more
(16) LE Section 2907, Footings, Subsection (a), is amended to read as - than 15 dwelling units, and every hotel three or more stories in height'
follaa: . or containing 20or more guest rooms. Residential or quick-response1
(a). General. Footing and foundations, unless otherwise specifically . standard sprinkler heads shall be used in the dwelling unit and guest
provided, shall to constructed of masonry, concrete or treated wood in room portions of the building.
conference with U.B.C. Standard No. 29-3 and in all cases shall extend . For the purpose of this section, area separation walls shall not
below the frost line. Footings of concrete and masonry shall. he of solid jE define separate buildings.
material. Foundations supporting wood shall extend at least six (6) inches -- (21) UBC Section 4506, Awnings, Subsection (b), is amended to read ash
above the adjacent finish wade. Footings shall have a minimum depth as follows: I
indicated in Table No. 29-A unless another depth is recanonded by a founda- (b) Construction. Awnings shall have non-combustible frames but may
• tion investigation. have combustible 'coverings. Every awning shall be collapsible oil
EXCEPTION: A one-story accessory Wilding rot used for hien occupancy retractable. When collapsed, retracted or folded against the face of tug
and rot ower onerthousand (1,000) square feet, in flow area need not be - supporting building, the design shall be such that the awning does no
provided with a footing extending below the frost line. , block any required exit.
TABLE M. 29-A, Foundations for Stud Bearing Walls - Minimm require- ' EXCEPTIONS: t
rents, is amended to read as follows: (1) A fixed awning not more than 20 feet in length may be erected over a
TABLE NO. 29-A.'- FOUNDATIONS FOR STUD BEARING WALLS - MINIMUM REQUIREMENTSdoorway or window of a building.
(2) A fixed awning may be of any lengthwhen constructed of a flame
M inihwm Depth of retardant material and be designed to allow ground ladder access td
lumber of Thickness of Foundation Below the upper level windows. The flame retardance of the material shall
' Floors Foundation Walls Minimum Natural Surface of be integral to the fabric, not a temporary treatment. Ladder access
shall comply with NEPA recommendations, whichwill be determined by
ied (Inches) Width Thickness Ground or Finish the Fire Chief. I
;By By thetheUnit Footing of Footing Grade (Whichever (22) Deletions. The following sections of the Uniform Building Code
?oundationl Concrete. Masonry (Inches) (Inches) is Lower (inches) , are not adopted:
I1 42 1. Section 304.(b), (c) and (e)..
1 8. 8 16 8 12. Section 305.(e), 2 and 4. -
h 2 8 8 16 8 42 3 8 10 18 8 ; 3. Table No. 3-A.
'
!Foundations may support a roof. in addition to the stipulated 4. Section 511.number-of 5.
Section 1205.(b), (c) and (d).
floors. Foundations supporting roofs only shall be as required for support 6. Section 1214.
Zing one floor. ._ --- - - _ _ 7. Section 1707.(c) and (d).
' - -- - --^_--- - 8. All Appendix Chapters.
'SECTION. IV. -REPEALER:' Allordinances and parts of ordinances in conflict
with the provision of this ordinance are hereby repealed.
SECTION V. SEVERABILITY: If any section, provision or part of the Ordinance
;shall be adjudged to be invalid or unconstitutional, such adjudication shall
'not affect the validity of the Ordinance as a whole or any section, provision
;or part thereof not adjudged invalid or unconstitutional.
,SECTION VI. EFFECTIVE DATE: This Ordinance shall be in effect after itt
I f nal passage, approval and publication as re19uDigred by law.
' Passed and approved this 2nd day of May,
I
I MAYOR
ATTEST: ,{'Ipa ITY�LERK
ew)
' 30031 May 10.1981
---
Cr; LL
ORDINANCE NO. 89-3407
AN ORDINANCE AMENDING CHAPTER 8, ARTICLE IV, "THE NECHANICAL CODE," BY ADOPTING
TEE 1988 EDITION OF THE UNIFORM MECHANICAL CODE WITH CERTAIN AMENDMENTS
THERETO.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION 1. PURPOSE. The purpose of this ordinance is to adopt the 1988
Edition of the Uniform Mechanical Code as prepared and edited by the Interna-
tional Conference of Building Officials and to provide for certain amendments
thereof; to provide for the protection of the health, welfare, and safety of
the citizens of Iowa City, Iowa; and to provide for the enforcement thereof and
for the penalties for the violation thereof.
SECTION 2. ADOPTION. Subject to the following amendments, the 1988 Edition of
the Uniform Mechanical Code is hereby adopted. Said Code shall be known as the
Iowa City Mechanical Code, or the Mechanical Code.
SECTION 3. Pt'ENDNENTS. Article IV of Chapter 8 of the Code of Ordinances of
the City of Iowa City, Iona, is hereby repealed and the following new Article
IV (Mechanical Code) is enacted in lieu thereof:
ARTICLE IV. FfQIA IICAL CODE.
Sec. 8-44. Adapted.
Subject to the following arenchents, the 1988 Edition of the Uniform
Mechanical Code is hereby adopted. Said Code shall be known as the Iowa
City Mechanical Code, or the Mechanical Code.
Sec. 045. Amendments.
The Edition of the Uniform Mechanical Code (UNC) is amended as
follows:
(1) 1!C Section 203, Board of appeals, is amended to read as follows:
Any person affected by any action, interpretation or notice issued
by the Building Official with respect to the Uniform Mechanical Code
may appeal the decision of the Building Official to the Board of
Appeals. Such appeal shall be in accordance with the procedures set
forth in the Iowa City Administrative Code.
(2) tIC Section 204, Violations, is amended to read as follows:
VIOLATIONS.
(a) Notices. Whenever the building Official is satisfied that a
building or structure or any work in connection therewith, the
erection, construction, alteration, execution, or repair of
which is regulated, permitted, or forbidden by this code is
being directed, constructed, altered, or repaired in violation
of the provision or requirements of this code or in violation of
a detailed statement or of a plan sutrmitted and approved
thereunder or of a permit or certificate issued thereunder,
he/she may serve a written order or notice upon the person
responsible therefore directing discontinuance of such illegal
action and the remedying of the condition that is in violation
of the provisions or requirements of this code.
In case such notice or order is not promptly complied with,
the Building Official may request the City Attorney to institute
an appropriate action or proceeding at law or in equity to
restrain, collect, or remove such violation or the execution of
work thereon or to restrain or correct the erection or altera-
tion of or to require the removal of or to prevent the occupa-
tion or use of the building or structure erected, constructed,
O
Ordinance No. 89-3407
Page 2
or altered in violation of or not in compliance with the
provisions of this code or with respect to which the require-
ments thereof or of any order or direction made pursuant to
provisions contained therein, shall not have been complied
with.
(b) Penalties. A person who shall violate a provision of this code
or fail to comply therewith or with any of the requirements
thereof or who shall erect, construct, alter, or repair or have
erected, constructed, altered, or repaired a building or
structure in violation of a detailed statement or plan submitted
and approved thereunder shall be guilty of a misdemeanor
punishable by a fine not exceeding $100 and/or imprisonment not
exceeding 30 days.
The owner of a building, structure, or premises where
anything in violation of this code shall be placed or shall
exist and an architect, builder, contractor, agent, person or
corporation employed in connection therewith, or any who may
have assisted in the commission of such violation shall be
guilty of a separate offense.
(c) Abatement. The imposition of penalties herein prescribed shall
not preclude the City Attorney frau instituting appropriate
action or proceeding to prevent an unlawful erection, construc-
tion, reconstruction, alteration, repair, conversion, mainte-
nance, or to restrain, correct, or abate a violation or to
prevent the occupancy of a building, structure, or premises.
(3) UAC Sectim 304, Fees, subsection (b) is amended to read as follows:
(b) Permit Fees. A fee for each permit and fees for inspections
associated with said permits shall be paid to the Building
Official as established by resolution of Council.
Where work for which a permit is required by this code is
started prior to obtaining a permit, the fee specified in this
code shall be doubled. The payment of a doubled fee shall not
relieve persons from fully complying with the requir_rents of
this code in the execution of their work nor from any other
penalties prescribed herein.
(4) UMC Section 305, Inspections, subsection (f) is amended to read as
follows:
(f) Reinspections. A reinspection fee may be assessed for each
inspection or reinspection when such portion of work for which
inspection is called is not complete or when required correc-
tions have not been made.
This provision is not to be interpreted as requiring inspec-
tion fees the first time a job is rejected for failure to comply
with the requirements of this code, but as controlling the
practice of calling for inspections before the job is suffi-
ciently completed to enable inspection or reinspection.
Reinspection fees may be assessed when the approved plans are
not readily available to the inspect or, for failure to provide
access on the date for which inspection is requested or for
deviating from plans requiring the approval of the Building
Official.
In instances where reinspection fees have been assessed, no
additional inspection of the work will be performed until the
required fees have been paid.
8
Ordinance No. 89-3407
Page 3
(5) IAL Section 509 is amended to read as follows:
Equipment regulated by this code requiring electrical connections
of more than 50 volts shall have a positive rreans of disconnect
adjacent to and in sight frau the equipment served. A 120-volt
receptacle shall be located within 25 feet of the equipment for
service and maintenance purposes. The receptacle shall be located on
the same level as the equipment. Lod-voltage wiring of 50 volts or
less within a structure shall be installed in a manner to prevent
physical damage.
(6) Deletions. THE FOLLOWING SECTIONS OF THE WIF0Rf4 1'ECHANICAL CCOE ARE
NOT ADOPTED:
(1) Table 3-A
(2) Section 304(c).
(3) All Appendix Chapters.
SECTION IV. REPEALER: All ordinances and parts of ordinances in conflict with
the provision of this ordinance are hereby repealed.
SECTION V. SEVERABILITY: If any section, provision or part of the Ordinance
shall be adjudged to be invalid or unconstitutional, such adjudication shall
not affect the validity of the Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE: This Ordinance shall be in effect after its final
passage, approval and publication as required by law.
Passed and approved this 2nd day of May, 1989.
��jj
/I , // YOR
ATTEST: a . Aa.
CI CLERK
. S`
AS TO FORM/ ?/F'7
LEGAL DEPARTMENT
It was moved by Balmer and seconded by Ambrisco that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
First Consideration 4/18/89
Vote for passage: Ayes: Horowitz, Kubby, Larson,
McDonald, Ambrisco, Balmer, Courtney. Nays: None.
Absent: None.
Second Consideration
Vote for passage:
Date published 5/10/89
Moved by Balmer, seconded by Ambrisco, 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: Ambrisco, Balmer, Courtney, Horowitz,
Kubby, Larson, McDonald. Nays: None. Absent: None.
S�
CITY OF IOWA CITY
CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5C0O
STATE OF IOWA
SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3407 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
2nd day of May , 1989 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 10th day of May , 19 89
Dated at Iowa City, Iowa, this 5th day of June ,19 89
�y.� / tech
am na Parrott, Deputy City Clerk
if
OFFICIAL PUBLICATION OFFICIAL PUBLICATION
ORDINANCE D. 89-3407
AN ORDINANCE AMENDING CHAPTER 8, ARTICLE IV, "Df IEC}WNICAL CODE," BY ADOPTING
TIE 1988 EDITION OF 1)E WIFOR1 IECHANICAL CODE Will] CERTAIN AMENDMENTS
1WRETD.
BE IT ENACTED BY 11f CITY COUNCIL OF TEE CITY OF IOWA CITY, IOWA:
SECTION 1. PURPOSE. The purpose of this ordinance is to adopt the 1938
Edition of the Uniform Mechanical Code as prepared and edited by the Interna-
tional Conference of Building Officials and to provide for certain arendnents
thereof; to provide for the protection of the health, welfare, and safety of
the citizens of Iowa City, Iowa; and to provide for the enforcement thereof and
for the penalties for the violation thereof.
SECTION 2. ADOPTION. Subject to the following arerdnents, the 1988 Edition of
the Uniform Mechanical Code is hereby adapted. Said Code shall be known as the
Iowa City Mechanical Code, or the Mechanical Code.
SECTION 3. PafflENTS. Article IV of Chapter 8 of the Code of Ordinances of
Printer's fee s 2W the City of Iowa City, Iowa, is hereby repealed and the following new Article
IV (Mechanical Code) is enacted in lieu thereof:
CERTIFICATE OF PUBLICATION MIME IV. PERVIICtiL WE.
STATE OF IOWA, Johnson County, ss: Sec' 8-44. Adopted.
Subject to the following arendnelts, the 1588 Edition of the Uniform
THE IOWA CITY PRESS-CITIZEN Mechanical Code is hereby adopted. Said Col shall be knam as the Iowa
City Mechanical Code, or the Mechanical Code.
Sec. 8-45. Analdrmts.
The 1988 Edition of the Uniform Mechanical Code (lit) is mended as
I follows:
Carol Barr, being duly sworn, say that I 7s, is mended to read as follows:
(1) lit Section 203, Berard of atm
Any person affected by any action, interpretation or notice issued
am the legal clerk of the IOWA CITY by the Building Official with respect to the Uniform Mechanical Code
PRESS-CITIZEN, a newspaper nay appeal the decision of the Building Official to the Board of
published in said county, and that a Appeals. Such appeal shall be in accordance with the procedures set
notice, a printed copy of which is hereto forth infthela aYCiity Aainistratia�ve�C de. las follows:
attached, was published in said paper (2) UPC SeIafb
time(s), on the following VIO(a) N�ioes. Whenever the building Official is satisfied that a
date( building or structure or any work in connection therewith, the
/77,a, /or, 17f, whiction, construction,a , alteor execution,iderepairois
which is regulated, permitted, or forbidden by this code is
being directed, constructed, altered, ar repaired in violation
4,0‘..strie
of the provision a require ants of this code or in violation of
' a reunierd of a a of a plan sue issu ad approved
Y/�
thereunder or of a permit or certificate issued therauov ,
he/she nay serve a written order or notice upon the person
Legal Clerk responsible therefore directing discontinuance of such illegal
action and the ruiedying of the condition that is in violation
Subscribed and sworn to before me of the provisions or requirements of this code.Ued with,
In case such notice or order is not promptly corp
IC:
lied
Building Official may request the City Attorney to institute
this day of rA.D. an appropriate action a proceeding at law a in equity to
restrain, collect, Cror remove such violation a the execution of
/yi work thereon a to restrain or correct the erection or altera-
19 V -� �� ��i �� tion of Cr to require the reoal of or to prevent one occupa-
tion
x() a use of the building or structure ethe caS 1 or altered in violation of or not in carpliance with the
Notary Public provisions of this code or with respect to which the require-
•
ments thereof or of any order or direction node pursuant to
,ii: provisions contained therein, shall not have been ccnplied
with.
(b) Penalties. A person who shall violate a provision of this code
or fail to canply therewith or with any of the requirements
thereof or who shall erect, construct, alter, or repair or have
erected, constructed, altered, or repaired a building or
structure in violation of a detailed staterent a plan sutmitted
and approved thereunder shall be guilty of a misdemeanor
punishable by a fine not exceeding $100 and/or inprisornent rot
exceeding 30 days.
The owner of a building, structure, or premises where
anything in violation of this code shall be placed or shall
exist and an architect, builder, contractor, agent, person or I
caporatien erployed in connection therewith, or any who nay
have assisted in the camnission of such violation shall be '
guilty of a separate offense.
(c) Abatement. The inposition of penalties herein prescribed shall
not preclude the City Attorney frau instituting appropriate
action or proceeding to prevent an unlawful erection, construc-
tion, reconstruction, alteration, repair, conversion, mainte-
nance, or to restrain, correct, or abate a violation or to
prevent the occupancy of a building, structure, or premises.
(3) UC Section31/3, Fees, a)artim (b) is emended to read as follows:
(b) Permit Fees. A fee far each permit and fees for inspections
associated with said permits shall be paid to the Building
Official as established by resolution of Council.
Where work for which a permit is required by this dad is
started prior to obtaining a permit, the fee specified, in this
code shall be doubled. The paynent of a doubled fee shall. pot
relieve persons frau fully caiplying with the requirements of
this cede in the execution of their wonk ror frau any other
' penalties prescribed herein.
l4) UC Section365,. Inspectiais, sutseetim (f) is anended to read as
follows:
(f) Reinspections. A reinspection fee nay be assessed' for each
inspection o1- reinspection when such portion of werk for which
inspection is called is rot carplete or when required correc-
tions have not been nude.
This provision is rot to be interpreted as requiring inspec-
tion fees the first tine a job is rejected for failure to carply •
with the requirements of this code, but as controlling the
practice of calling for inspections before the jab is suffi-
ciently =plated to enable inspection or reinspection.
Reinspection fees may he assessed when the approved plans are '
not readily available to the inspect or, for failure to provide
access on the date for which inspection is requested or for
deviating fran plans requiring the approval of the Building
Official.
In instances where reinspection fees have been assessed, ro
additional inspection of the work will be performed until the
requiredfees have been paid.
(5) UC Section 909 is amended to read as follows:
Equipment regulated by this to requiring electrical connections
of more than 50 volts shall have a positive Beans of disconnect
adjacent to and in sight fran the equipment served. A 120-volt
receptacle shall be located! within 25 feet of;the equipment for
service and maintenance purposes. The receptacle shall be located on
the sane level as the equipment. Loa-voltage wiring of 50 volts or
less within a structure shall be installed in manner to prevent
physical damage.
(6) Deletions. 1W FOLLOWING SECTIONS OF TIE WIFORM iaICAL CODE ARE
AVT ADOPTED:. 0
(1) Table 3-A
(2) Section 304(c).
(3) All Appendix Chapters.
SECTION IV. REPEALER: All ordinances aid parts of ordinances in conflict with
- the provision of this ordinance are hereby:repelled.
SECTION V. SEVERABILITY: If any section, provision or part of the Ordinance
shall be adjudged to he invalid a• unconstitutional, such adjudication shall
not affect the validity of the Ordinance as,a whole or any section, provision
ar part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE: This Ordinance shall be in effect after its final
passage, approval and,piblicatien as required by law._
Passed and approved this 2nd day of May, 1989.
AL.
Bea M4YOR
ATTEST:
C111�CLEW
r
A9 Tq FOR
i .,,r .. ,4/mo i
LEGAL DEPARTMENT
, 30029 May 10,:1909
ORDINANCE NO. 89-3408
AN ORDINANCE AMENDING CHAPTER 12, ENTITLED
"FIRE PREVENTION AND PROTECTION" OF THE
CODE OF ORDINANCES OF THE CITY OF IOWA
CITY, IOWA, BY AMENDING SECTION 12-16, 12-
18, 12-19, 12-20, 12-21 AND 12-47, THEREIN
TO, RESPECTIVELY, ADOPT THE 1988 EDITION OF
THE UNIFORM FIRE CODE WITH CERTAIN
AMENDMENTS AND PROVIDING FOR INSPECTION
FEES.
BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF IOWA CITY, IOWA, THAT:
SECTION 1 . PURPOSE. The purpose of
this ordinance is to repeal certain
sections of the Iowa City Fire Prevention
and Protection Code and to adopt the 1988
Edition of the Uniform Fire Code with
certain amendments which will then become
part of the Iowa City Fire Prevention Code
and to provide for the establishment of
inspection fees.
SECTION 2. That Chapter 12, "Fire
Prevention and Protection" of the Code of
Ordinances of the City of Iowa City, Iowa,
be, and the same is hereby amended by
repealing Section 12-16, and enacting in
lieu thereof a new section to be codified
the same to read as follows:
Section 12-16. Adopted.
Subject to the following amendments,
the 1988 Edition of the Uniform Fire
Code is hereby adopted.
SECTION 3. That Chapter 12, "Fire
Prevention and Protection" of the Code of
Ordinances of the City of Iowa City, Iowa,
be, and the same is hereby amended by
repealing Section 12-18, and enacting in
lieu thereof a new section to be codified
the same to read as follows:
Section 12-18. Storage zones for
explosives and blasting agents.
In accordance with provisions of
Section 77.106, the storage of
explosives and blasting agents is
limited to I-2 zones, as established
by Chapter 36 of the Code of
Ordinances of the City of Iowa City,
Iowa.
SECTION 4. That Chapter 12, "Fire
Prevention and Protection" of the Code of
Ordinances of the City of Iowa City, Iowa,
be, and the same is hereby amended by
repealing Section 12-19, and enacting in
lieu thereof a new section to be codified
the same to read as follows:
Ordinance No. 89-3408
Page 2
Section 12-19. Storage zones for
flammable and combustible liquids in
outside above-ground tanks.
In accordance with the provisions of
Section 79.501, the storage of Class
I and Class II liquids in outside
above-ground tanks is limited to I-
2 zones, as established by Chapter
36 of the Code of Ordinances of the
City of Iowa City, Iowa.
SECTION 5. That Chapter 12, "Fire
Prevention and Protection" of the Code of
Ordinances of the City of Iowa City, Iowa,
be, and the same is hereby amended by
repealing Section 12-20, and enacting in
lieu thereof a new section to be codified
the same to read as follows:
Section 12-20. Storage zones for
liquified petroleum gas.
In accordance with provisions of
Section 82.104, bulk storage of
liquified petroleum gas exceeding
2000 gallons water capacity is
limited to I-2 zones, as established
by Chapter 36 of the Code of
Ordinances of the City of Iowa City,
Iowa.
SECTION 6. That Chapter 12, "Fire
Prevention and Protection" of the Code of
Ordinances of the City of Iowa City, Iowa,
be, and the same is hereby amended by
repealing Section 12-21, and enacting in
lieu thereof a new section to be codified
the same to read as follows:
Section 12-21, Amendments. 1988 Edition
of the Uniform Fire Code (UFC) is
amended as follows:
(1) UFC Section 79.201 is hereby amended
to read as follows:
Section 79.201(a) . Scope. This
division shall apply to the storage
of flammable and combustible liquids
in drums or other containers not
exceeding 60-gallon individual
capacity and the storage of portable
tanks not exceeding 300 gallons
individual capacity. For the
purpose of this article, flammable
aerosols and unstable liquids shall
be treated as Class 1-A liquids.
(2) UFC Section 10.306(h) Group R,
Division I. Occupancies, is hereby
amended to read as follows:
An automatic sprinkler system
shall be installed throughout every
Ordinance No. 89-3408
Page 3
apartment house three or more
stories in height or containing more
than 15 dwelling units, and every
hotel three or more stories in
height or containing 20 or more
guest rooms. Residential or quick-
response standard sprinkler heads
shall be used in dwelling unit and
guest room portions of the building.
For the purpose of this section,
area separation walls shall not
define separate buildings.
(3) UFC Section 11.208 is hereby amended
to read as follows:
(a) For permit to operate a parade
float, see Section 4.101.
(b) Delete.
(c) All motorized apparatus shall be
provided with an approved
portable fire extinguisher of at
least 2-A, 10-8-C rating readily
accessible to the operator.
(4) UFC Section 12.108(a) Exit signs,
subsection is amended to read as
follows:
Where Required. Exit signs
shall be installed at required exit
doorways and where otherwise
necessary to clearly indicate the
direction of egress when the exit
serves an occupant load of 12 or
more.
EXCEPTION: Within individual
dwelling units, guest rooms and
sleeping rooms exit signs will not
be required.
(5) UFC Section 79.601 Division VI Tank
storage underground, outside or
under buildings, is amended as
follows:
The United States Environmental
Protection Agency (EPA) has new
rules and regulations on new and
existing underground tanks. The
State of Iowa has adopted these
rules. Their requirement will
supersede the 1988 Uniform Fire
Code.
SECTION 7. That Chapter 12, "Fire
Prevention and Protection" of the Code of
Ordinances of the City of Iowa City, Iowa,
be, and the same is hereby amended by
repealing Section 12-47, and enacting in
lieu thereof a new section to be codified
the same to read as follows:
C4
Ordinance No. 89-3408
Page 4
Section 12-47. Inspectors; inspection
fees.
(a) The chief of the fire department may
detail such members of the fire
department as inspectors for the
bureau of fire prevention, as shall
from time to time be necessary. The
chief of the fire department shall
recommend to the city manager the
employment of technical inspectors,
who, when such authorization is
made, shall be selected through an
examination to determine their
fitness for the position. The
examination shall be open to members
and nonmembers of the fire
department, and appointments shall
be made only after examination and
shall be for an indefinite term with
removal only for cause.
(b) Fees for inspections and other
services related to enforcement of
the code adopted by Article II of
this chapter shall be established
by the City Council by resolution
and paid to the Fire Department.
SECTION 8. REPEALER: All ordinances
and parts of ordinances in conflict with
the provisions of this Ordinance are hereby
repealed.
SECTION 9. 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 unconstitu-
tional .
SECTION 10. EFFECTIVE DATE: This
Ordinance shall be in effect after its
final passage, approval and publication as
required by law.
Passed and approved this 2nd day of
Ma 1989.
OR
•
ATTEST: eI /V. Ax)
C T CLERK 9(
AO ed .$o Form
. With,
Legal Department
It was moved by Balmer and seconded by Kubby that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
First Consideration 4/18/89
Vote for passage: Ayes: Kubby, Larson, McDonald, Ambrisco,
Balmer, Courtney, Horowitz. Nays: None. Absent: None.
Second Consideration
Vote for passage:
Date published _ 5/10/89
Moved by Balmer, seconded by Ambrisco, 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 seconded consideration and
vote be waived and the ordinance be voted upon for final
passage at this time. Ayes: Courtney, Horowitz, Kubby,
Larson, McDonald, Ambrisco, Balmer. Nays: None. Absent:
None.
q
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-500
STATE OF IOWA
) SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3408 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
2nd day of May , 1989 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 10th day of May , 1989
Dated at Iowa City, Iowa, this 5th day of June ,1989
•
'amino Parrott, eputy City Clerk
rOeiC-, CJ / - •-i-! v V
/ /# /
ORDINANCE NO. 89-3408 (3) UFC Section 11.208 is hereby amended
AN ORDINANCE AMENDING CHAPTER 12, ENTITLED to read as follows:
"FIRE PREVENTION AND PROTECTION' or THE (a) for floatermit it to operate
to • parade
CODE OF ORDINANCES OF THE CITY Of -IOWA
CITY, IOWA, BY AMENDING SECTION 12-16, 12- (b) Delete.
TO, 12-19, 12-20, 12-21 AND 12-47, THEREOF (c)
All motorized apparatus shall be rovided with an approved
THEUNICODE FORM
TO, RESPECTIVELY,FIREWITH
ADOPT THE 1988 CERTAINRN ON pportable fire extinguisher of at
AMENDMENTS WAND PROVIDING FORINSPECTION least 2-A, 10-B-C rating readily
FEES. accessible to the operator.
BE IT ORDAINED BY THE CITY COUNCIL OF (4) UFC Section 12.108(a) Exit signs,
• THE CITY OF IOWA CITY, IOWA, THAT: subsection is amended to read as
SECTION 1 PURPOSE. The purpose of follows:
this ordinance is to repeal certain Where Required. Exit signs
sections of the Iowa City Fire Prevention shall be installed at required exit
and Protection Code and to adopt the 1988 doorways and where otherwise
Edition of the Uniform Fire Code with necessary to clearly indicate the
certain amendments which will then become direction of egress when the exit
part of the Iowa City Fire Prevention Code serves an occupant load of 12 or
and to provide for the establishment of moreEXCEPTION: Within individual
inspection fees.
Section That Chapter 'Fire dwelling units., guest rooms and
Preventioq and Protection" of thea Code of' sleeping roomsmsexit signs will not
Ordinances of the City of Iowa City, Iowa, be required.
//�'�
be, and the same is hereby amended by (5) UFC Section 79.601 Division VI Tank
Printer's fee 3 7•Jc repealing Section 12-16, and enacting in storage underground, outside or
lieu thereof a new section to be codified follows:
The
buildings, is amended as
the same to read as follows: The United States Environmental
CERTIFICATE OF PUBLICATION Section 12-16. Adopted. I Protection Agency (EPA) has new
Subject to the following amendments,
STATE OF IOWA,Johnson County, ss' the 1988Edition of the Uniform Fire existingrules 'underground ron new and
egulations
The
Code is hereby adopted.
THE IOWA CITY PRESS-CITIZEN SECTION That Chapter 12, 'Fire State of has adopted these
Prevention and Protection' of the Code of rules. Their requirement will
Ordinances of the City of Iowa City, Iowa, supersede the 1988 Uniform Fire
be, and the same is hereby amended by Code.
repealing Section 12-18, and enacting in SECTION 7. That Chapter 12, 'Fire
lieu thereof a new section to be codified Prevention and Protection" of the Code of
I the same to read as follows: Ordinances of the City of Iowa City, Iowa,
Carol Barr, beingdulySection 12-18. Storage zones for be, and the same is hereby amended by
sworn, say that I explosives and blasting agents. repealing Section 12-47, and enacting in
am the legal clerk of the IOWA CITY In accordance with provisions of lieu thereof a new section to be codified
lectin 77.106, the storage of the same to read as follows,
PRESS-CITIZEN, a newspaper explosives and blasting agents is Section 12-47. Inspectors; inspection
published in said county, and that a limited to 1ter 236 nes, as the t�isheed (a)fees)he chief of the fire department may
notice, a printed copy of which is hereto by Ordinances of the City of Iowa City, detail such members of the fire
Iowa. department as inspectors for the
attached, was. published in said paper That Chapter 12, "Fire bureau of fire prevention, as shall
/ _ time(s), on the following preventars. ion and Protection" of the Code of fromdmof to time departmenbe t shall
. The
date(s): Ordinances of the City of Iowa City, Iowa, chief
be, and the same is hereby amended by recommend to the city manager the
repealing Section 12-19, and enacting in employment of technical inspectors,
/.1 / p/' lieu thereof a new section to be codified who, when such authorization is
O Y the same to read as follows: made, shall be selected through an
Section 12-19. Storage zones for examination to determine their
flammable and combustible liquids in fitness for the position. The
outside above-ground tanks. examination shall be open to members
In accordance with the provisions of and nonmembers of the fire
�y Section 79.501, the storage of Class. department, and appointments shall
�f��6/?�1 I and Class II liquids in outside be made only after examination and
above-ground tanks is limited to I- shall be for an indefinite term with
Legal Clerk 2 zones, as established by Chapter removal only for cause.
36 of the Code of Ordinances of the (b) Fees for inspections and other
City of Iowa City, Iowa. i services related to enforcement of
Subscribed and sworn to before me That Chapter 12, the code adopted by Article II of
`'.ention dein this chapter shall be established
Prevention and Protection' of the Code of by the City Council by resolution
Ordinances of the City of Iowa CityIowa, and paid to the Fire Department.
be, and the same is hereby amended by cE TION a REPEL: All ordinances
this day o , A.D. repealing Section 12-20, and enacting in
lieu thereof t new section to be codified and d parts of oordinances
this Ordinance are t herebyi
`�`i��� the same to read as follows: provisions
19 Is I f Section 12-20. Storage zones for repealed. 9 SEVERABILITY: If any
!-a�'d�ylV)7�L-L liquified petroleum gas.
SInection
accordance with provisions f section, provisionadjudgede or part ofbe the invalidOrdinace
ny
( ,P/Y� liquifi 82. bulk storage of shall unconstitutional,nl s such adjudication shall
or
liquified petroleum gas exceedingcis
Notary Public limited to 1-2 zones,as established aot wholeect or the
anyvalidity
section provision norcpart
by Chapter 36 of the Code f thereof not adjudged invalid or unconstitu-
' SHARON STUBBS This
c Ordinances of the City of Iowa City, tions • -
loma.
rC. SFCTIOH Q. That Chapter 12, 'Fire Ordinance s all be in effect after its
canting
and Protection' of the Code of final passage, approval and publication as
- --' "-
"' ---- Ordinances of the City of Iowa City, Iowa, required by law.
be amd the same is hereby amended by Passed and approved this Ind day of
lieu he9 Section 12-21, and enacting in Ma 1989.
the aerese a new section to codified
the same to read as follows: R
•
of the1'
12-21, Amendments. 1988 Edition s+)
of the Uniform Fire Code (UFC) is ATTEST: • 4e• 9�
amended as'follows: IT May 10,1989
(t)UFC Section 79.201 is hereby amended 3002
to read as fellows: -
Sectin 79.201(a). Scope. This
��Nrisin shall apply to the storage
ssUnmmable and combustible liquids
not
exceeding or 60-gallonntaineindother ividual
capacity and the storage of portable
-tanks not exceeding 300 gallons
$t,dividual capacity' For the
'pvitpese of this orticle,, flammable
rsols and unsquids shall
be treated as tlassl 1-Ali
liquids.
(2) UFC Section 10.306(h) Group R,
Division I. Occupancies, is hereby
amended to read as follows:
An automatic sprinkler system
shall be installed throughout every
apartment house three or more
in
height or
anddevery
containing
than dwellng units
hotel three or more stories in
height or containing 20 or more
guest rooms. Residential or quick-
response standard sprinkler heads
shall be used in dwelling
guest room portions of the building.
For the purpose of this section,
area separation walls shall not
___ _define separate buildings_
�.1 . ) (-
ORDINANCE NO. 89-3409
AN ORDINANCE AMENDING CHAPTER 8, ARTICLE III, THE DANGEROUS BUILDING CODE, BY
ADOPTING THE 1988 EDITION OF THE WIFOfd4 CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS WITH CERTAIN AME EMENTS THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
SECTION 1. PURPOSE. The purpose of this ordinance is to adopt the 1988 Edi-
tion of the Uniform Code for the Abatement of Dangerous Buildings as prepared
and edited by the International Conference of Building Officials and providing
for certain amendments thereof; to provide for the protection of the health,
welfare and safety of the citizens of Iowa City, Iowa; and to provide for the
enforcement thereof and for the penalties for the violation thereof.
SECTION 2. PNENDMENTS. Article III of Chapter 8 of the Code of Ordinances of
the City of Iowa City, Iowa, is hereby repealed in its entirety and the follow-
ing new Article III (Abatement of Dangerous Buildings) is hereby enacted in
lieu thereof:
Article III. Abatement of Dangerous Buildings
Sec. 8-31. Code - Adopted.
The Uniform Code for the Abatement of Dangerous Buildings, 1988 Edition,
is hereby adopted subject to the following amendments. Said code shall be
know as the Iowa City Abatement of Dangerous Buildings Code or the danger-
ous building code.
Sec. 8-32. Same - Amendnents.
The Uniform Code for the Abatement of Dangerous Buildings, 1988 Edition,
edited by the International Conference of Building Officials, is hereby
amended as follows:
(1) Sec. 201, General, is amended by adding the following definitions:
Building official. The enforcement of the provisions of this code
shall be the responsibility of the building official and whenever the
words health officer or fire marshal shall be used in this code, it
shall mean the building official.
City manager. Whenever the words public works director shall be
used in this code, it shall mean the city manager.
(2) Sec. 501, Appeal, is amended to read as follows:
Any person affected by an action, interpretation or notice issued by
the building official with respect to the Uniform Code for the Abate-
ment of Dangerous Buildings may appeal the decision of the building
official to the board of appeals. Such appeal shall be in accordance
with the procedures set forth in the Iowa City Administrative Code.
Sec. 8-33. Reserved.
Sec. 8-34. Notice of proposed orders affecting historic properties.
Except for emergencies as determined by the building official pursuant to
the ordinances of the City of Iowa City, city enforcement agencies and
departnents shall give the historic preservation ccrcmission at least thirty
(30) days notice of any proposed order which may affect the exterior fea-
tures of any building for rernedying conditions determined to be dangerous to
life, health or property.
Sec. 8-35.-8-43. Reserved.
SECTION 3. REPEALER: All ordinances and parts of ordinances in conflict with
the provision of this ordinance are hereby repealed.
in
Ordinance No. 89-3409
Page 2
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 required by law.
Passed and approved this 2nd day of May, 1989.
,LLaaee
'/
ATTEST: 2ket,ua AS , ,614A)
CITY CLERK
r a, AS TO FORM/3 ?
LEGAL DEPARTMENT /�
l0
It was moved by Balmer and seconded by Ambrisco that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X _ Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
First Consideration 4/18/89
Vote for passage: Ayes: Larson, McDonald, Ambrisco, Balmer,
Courtney, Horowitz, Kubby. Nays: None. Absent: None.
Second Consideration
Vote for passage:
Date published 5/10/89
Moved by Balmer, seconded by Ambrisco, 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: Kubby, Larson, McDonald, Ambrisco, Balmer,
Courtney, Horowitz. Nays: None. Absent: None.
/D
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY. IOWA 52240 (319) 356-5C00
STATE OF IOWA
SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3409 which was passed by
• the City Council of Iowa City, Iowa, at a regular meeting held on the
2nd day of May , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 10th day of May , 19 gq .
Dated at Iowa City, Iowa, this 5th day of JnnP ,1989 .
'amen Parrott, Deputy City Clerk
OFFICIAL.PUBLICATION OFFICIAL PUBLICATION
ORDINANCE NO. 89-3409
AN 14, ...PJeebGp£Hww(ER,a, ARTICLE III .TIE Su1LDTtJ; CODE, BY
n1i, 11E 1988 EDITION OF THE LNIFOR'4 CODE FOR THE APATEIENT OF alNGEROUS
BUILD 'P WITH CERTAIN PWIOEMS THERETO.
BE IT-6111AINED BY 11E CITY COUNCIL OF THE CITY OF IOWA CITY, I0144, THAT:
SECTION I. PURPOSE. The purpose of this ordinance is to adopt the 19E8 Edi-
tion.of the Uniform Code for the Abatement of Dangerous Buildings as prepared
and edited by the International Conference of Building Officials and providing
far certain mendmnts thereof; to provide for the protection of the..health,
welfare and safety of the citizens of Iowa City, Iowa; and to provide far the
enforcement thereof and for the penalties fon the violation thereof;
Printer's tees %D� SECTION 2. N€N LENTS. Article III of Chapter 8 of the Code of Ordinances of
the City of Iowa City, Iowa, is hereby repealed in its entirety and'the follow-
CERTIFICATE OF PUBLICATION ms (Abetment g ' Article III (Abatt of Dangerous Buildings) is herebyenactedin
lieu thereof:
STATE OF IOWA, Johnson County, ss: Article III. Abatenent of Dangerous Buildings
THE IOWA CITY PRESS-CITIZEN Sec. 8-31. Cade - Adopted.
The Uniform Code for the Abatement of Dangerous Buildings, 1988 Edition,
is hereby adopted subject to the following arrendrents. Said code,shall be
known as the Iowa City Abatenent of Dangerous Buildings Code or the danger-
ous building code.
I, Sec. 8-32. Score -Ananhalts.
The Carol Barr, being duly sworn, say that I 1 Uni thme CodeforInternational
o DangerousuiBuildings, 1988 Edition,
am the legal clerk of the IOWA CITY follays. Building Officials, is heresy
PRESS-CITIZEN, a newspaperdwarfed as
published in said county, and that a (1) Sec. 201, General, is arrended by adding the following definitions:
notice, a printed copy of which is hereto Building official. The enforcerrent of the provisions of.this code
shall to the responsibility of the building official and *copier the
attached, was published in said paper words health officer or fire marshal shall be used in thols'ortade, it
time(s), on the following shall neon the building official.
date(s): City manager, Whenever the vords public works directazslhall he
Cn1 / y
Used in this code, it shall neon the city manager.
//1 /q 0 9 (2) Get. 501, Appeal, is mended to read as follows:
�y�1 / I Any person affected by an action, inteprefaticn or notice issued by
the building official with respect to the'Uniform Code for the Abate-
ment of Dangerous Buildings nay appeal the decision of the building
official to the board of appeals. Such appeal shall be in accordance
with the procedures set forth in the Iowa City Administrative Code.
Legal Clerk Sec. 8-33, Reserved.
Sec. 8-34. Notice of proposed orders affecting historic prjperties.
Subscribed and sworn to before me Except fon emergencies as detmmned by the building official pursuant to
the ordinances of the City of Iona City, city enforce-Tent agencies and
depar'tltts shall give the historic prestwaticn cc:miysion at least thirt
thisl day of D. (30) days notice of any proposed order which ney affect the exterior fee-
tures of any building for remedying conditions determined to be dangerous to
,y 9 1 1----Laiee
life, health or property.
19 �" Sec. 3.3 . Reserved.
SECTIONN 'REPEALER:
of 3. 'REPEALER: All ordinances and partsordinances inconflict with
the provision of this ordinance are hereby repealed.
Notary Public SECTION IV. SEVERABILITY: If any *Lion, provision or panto( the Ordinance
shall be adjudged to he invalid or,Unconstitutional, such ad Oication shall
M SHARON STU68S not affect the validity of the Ordininge as a whole or any s&c.on, provision
or part thereof not adjudged invalid it unconstitutional.
SECTION V. EFFECTIVE DATE: This Ordinance shall be in effect rafter its final
passage, approval and publication as required by law.
Passed and approved this 2nd day_of May, 1989. •
` • y
MAYOR
ATTEST: /j.
CITY CLERK
To
R• J/
LEGAL DEPARTMENT ,
30034 May 10,1989
ORDINANCE NO. 89-3410
AN ORDINANCE AMENDING THE ZONING ORDINANCE
BY CHANGING THE DIMENSIONAL REQUIREMENTS OF
CERTAIN PROPERTY LOCATED AT 1705-1709 H
STREET, 1105-1107 SIXTH AVENUE AND 1109-
1111 SIXTH AVENUE FROM RS-8 TO RS-12.
WHEREAS, the property described below
was developed under R-2 zoning after
receiving the required building permits,
and the three existing duplex residences
became non-conforming under RS-8 zoning in
1983; and
WHEREAS, the rezoning of the subject
property to RS-12 will not result in any
structural change or increase intensity of
use of the property, but will allow an
existing use to conform with the Zoning
Ordinance; and
WHEREAS, it is appropriate to zone to
allow an existing use when harm to the
property owner would outweigh the benefits
resulting from strict adherence to the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I . ZONING AMENDMENT. That the
property described below is hereby
reclassified from its present
classification of RS-8 to RS-12:
Lots 1 and 2 of Block 45 as
illustrated on a "Map of East Iowa
City, Iowa" situated in Section 14,
Township 79N of R6W5 PM, as recorded
in Book 1 at Page 92 of the records of
the Johnson County, Iowa, Recorder's
Office, on the 30th day of May, 1899.
SECTION II . ZONING MAP. The Building
Inspector is hereby authorized and directed
to change the zoning map of the City of
Iowa City, Iowa, to conform to this
amendment upon final passage, approval and
publication of this Ordinance as provided
by law.
SECTION III . CERTIFICATION AND RECORDING.
The City Clerk is hereby authorized and
directed to certify a copy of this
Ordinance which shall be recorded at the
Office of the County Recorder of Johnson
County, Iowa.
4L
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It was moved by Larson and seconded by Ambrisco that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
First Consideration
Vote for passage:
Second Consideration 5/2/89
Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson,
McDonald, Ambrisco, Balmer. Nays: None. Absent: None.
Date published 5/24/89
Moved by Horowitz, seconded by Courtney, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the first consideration be waived
and the ordinance be given second consideration at this time.
Ayes: Balmer, Courtney, Horowitz, Kubby, Larson, McDonald,
Ambrisco. Nays: None. Absent: None.
I ,
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
STATE OF IOWA
) SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3410 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
16th day of May , 1989 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 24th day of May , 1989 •
Dated at Iowa City, Iowa, this 5th day of June ,19 89
(Fa
a
a na Parrott, Deputy City Clerk
•
Published without City
Clerk signature. Per
City Atty. Timmins, certify
from ordjtance itself and
not proof. No need to DINAaLPusucanoN
republish. ORRDINANCE N0. 80-3410
AN ORDJMANCE MENDING THE ZONING pipINANCE
CERTAINBYCSOW
IPROp RTYI LOCATED AT1705�j709 N
STREET, 1105-1107 SIXTH AVENUE ANO 1109-
1111 SIXTH AVENUE FRON RS-8 TO RS-I2.
WHEREAS, the property described Wow
+a���fi q�, was developed under R-2 zoning- after
Printer's fee s. hof receiving the required building permits,
and the three existing duplex residences
became
anon-coefoning under RS-8 zesing in
CERTIFICATE OF PUBLICATION WHEREAS, the rezoning of the'subject
STATE OF IOWA, Johnson County, ss:
property to RS-12 will not result in any
al
THE IOWA CITY PRESS-CITIZEN use of the property,or,increasetw ll allow
ll w of
existing useton withl thel zo ninngg
•
Ordinance- and -
allow an existing aupsMientehams toe the
property owner would outweigh the benefits
I. resulting from strict adherence to the - -
Carol Barr, being duly sworn, say that I comprehensive Plan.
am the legal clerk of the IOWA CITY cinNOiaH. OFFETIEECITMORDAINED cm,
PRESS-CITIZEN, a newspaper IOWA:
That the
published in said county, and that a vrope, escri W w.'ts hereby
notice, a printed copyof which is hereto reclatsDIId from its present
clissification of RS-1 to RS-12:
attached, was published in said paper fete, I and 2 of Block ,AS, as
time(s), on the followingillustrated on a 'Nap of East, Iowa
TowCitynship
79 situated in as recon 14,r
date(s): Township 7911 of R6Y5 Pt, as recorded
in Book 1 at Page 92 orecords of
,/1�a ori /47^
the a County. Iowa,y Recorder's
[/ /Y Off 1(4. on the 30th day of hay, lBg9,
/ SE[TId1 fi. 70Nrwc weo Tho,But Ic g
Inspector is re y autnap or_apd directed
to chs the zoning map of'm Cit of
Iowa City, Iowa, to conform to this
/J amendexlt upon final passage, approval and
atlieSd2jljL ) Menton of this Ordinance as provided
ll 6 law,
Legal Clerk a 'i� a - -.o . %a. r
directed for certiere.).
y rc'Y c •rz-.thishi
Ordinance which shall be copy H the
Subscribed and sworn to before me Office of the County RecorderMeof nson
- :County, low,
this . dayof ._,i ' , A.D. area �' All ordinances
Nr s o nances hi
cogf sq, with
' / rrchpplevfaians of fblcMfs9pie ares by
19 A / • previa ns o t z rw-zca f�►errr apy elf :M
�� ny
nine declared illegal or void, then the
�9 %_...._-_,_.6.,L welt �.-i.,.--4* lawful provisions of this Ordinaacewhich
severable from said unlawful
_Notary Public m-provisions, shall be and renin be full
forc •and effect, the sane as:Yf the
Ordinance contained no illegal r void
SHARON STUBBS provisions.
p
SECTION 'YI. EFF[rTrYc nerr •
o - Ordina�rce she in force and effect This
-- - -
and after its final passage and publication
as by law provided.
Passed and approved this 16th day of
Fay, 1969.
u
30265 May 24,1989 i
r is C,
ORDINANCE NO. 89-3411
AN ORDINANCE AMENDING THE ZONING ORDINANCE
BY CHANGING THE ZONING CLASSIFICATION OF A
19,800 SQUARE FOOT PARCEL ON THE WEST SIDE
OF BROADWAY STREET AT 2105 BROADWAY STREET.
WHEREAS, the City has acquired a parcel
of land at 2105 Broadway Street; and
WHEREAS, the Iowa City Zoning Ordinance
provides that all land owned or controlled
by governmental entities shall be zoned P
(Public) and that any private use of the
same publicly-owned land shall acquire an
appropriate overlay zone with the
underlying Public designation retained; and
WHEREAS, the City intends to lease the
parcel of land at 2105 Broadway Street to
the Willow Creek Neighborhood Center
Corporation for development of the Broadway
Neighborhood Center; and
WHEREAS, neighborhood centers are a use
permitted in the RM-12 zone by special
exception.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION I . AMENDMENT. The Zoning Map of
the City of Iowa City is hereby amended to
change the land use designation of 2105
Broadway Street from RM-12 to P/RM-12.
SECTION II. ZONING MAP. The Building
Inspector is hereby authorized and directed
to change the Zoning Map of the City of
Iowa City, Iowa, to conform to this
amendment upon final passage, approval and
publication of this ordinance as provided
by law.
SECTION III. CERTIFICATION. The City
Clerk is hereby authorized to certify this
ordinance and record same at the office of
the Johnson County Recorder.
SECTION IV. REPEALER. All ordinances and
parts of ordinances in conflict with the
provisions of this Ordinance are hereby
repealed.
SECTION V. SEVERABILITY. If any section,
provision or part of the Ordinance shall
be adjudged to be invalid or
unconstitutional , such adjudication shall
not affect the validity of the Ordinance
as a whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional .
IL
Ordinance No. 89-3411
Page 2
SECTION VI. EFFECTIVE DATE. This
Ordinance shall be in effect after its
final passage, approval and publication as
required by law.
Passed and approved this 16th day of
May, 1989.
/ ebR C\/
ATTEST: 71a esir) v. >
CIT CLERK
Approved as to Form
\Legal Department/
'-Z99
Z
CITY OF IOWA CITY
CNC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-51000
STATE OF IOWA
) 5S
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3411 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
16th day of May , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 24th day of May , 19 gq .
Dated at Iowa City, Iowa, this 5th day of June ,1989 •
ona Parrott, Deputy City Clerk
Published without City .
Clerk signature. Per
City Atty. Timmins, certify
from ordinance itself and -
not proof. No need to
republish.
OFFICIAL PUBLICATION
ORDINANCE NO. 89.3411 ,
- AN ORDINANCE AMENDING THE ZON(NG ORDINANCE
BY CHANGING THE ZONING CLASSIFICATION OF A
/,a� 19,800 SQUARE FOOT PARCEL ON THE WESTSIDE
Printer's fee / OF BROADWAY STREET AT 2105 BROADWAY STREET.
WHEREAS, the City has acquired a parcel I
CERTIFICATE OF PUBLICATION of land at 2105 Broadway Street; and
WHEREAS, the Iowa City Zoning Ordinance
STATE OF IOWA, Johnson County, ss: by vide governmental al landentitownedror controlled
THE IOWA CITY PRESS-CITIZEN (Public) and that any private use of the
same publicly-owned land shall acquire an
appropriate overlay zone 'with the
underlying Public designation retained;and
WHEREAS, the City intends to lease the
I _ _ parcel of land at 2105 Broadway Street to
the Willow Creek Neighborhood Center
Corporation for development of the Broadway
Carol Barr, being duly sworn, say that I Neighborhood Center; and
am the legal clerk of the IOWA CITY WHEREAS, neighborhood centers are a use
permitted in the RM-12 zone by special
PRESS-CITIZEN, a newspaper
published in said county, and that a NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
notice, a printed copy of which is hereto IOWA, THAT:
attached, was published in said paper SECTION 1. AMENDMENT. The Zoning Map of
the City of Iowa City is hereby amended to
— time(s), on the following change the land use designation of 2105
date(s): Broadway Street from RM-12 to P/RM-12.
SECTION II. ZONING MAP. The Building
)7t �� CPI(/9 if
Inspector e is hereby g authorized the of
/�C/ to change the Zoning Map of the City of
A Iowa City, Iowa, to conform to this
amendment upon final passage, approval and
publication of this 'ordinance as provided
by law.
ati
//je ' t SECTION III. CERTIFICATION. The City
wpl/f/ A/C Clerk id"hereby authorized to certify this
the
efJohne and record same Recorder.at the office of
Legal Clerk SECTIONnIV CREPEntALER. All ordinances and
parts of ordinances in conflict with the
Subscribed and sworn to before me provisiorepealedns of this Ordinance are hereby
SECTION V. SEVERABILITY. If any section,
provision or part of the Ordinance shall
this day o f.�tti�A.D. be +4ludged to be invalid or
unconstitutional, such adjudication shall
not affect the validity of the Ordinance
as a whole or any section, provision or
aek.....tia-diopart thereof not adjudged invalid or
unconstitutional.
SECTION VI. EFFECTIVE DATE. This
. Ordinance shall be in e fect after its
Notary Public final passage, approval and publication as
required by law.
_ , Passed and approved this 162L day of
SHAROfd ST.
Male - -
OR .
302541 May 24,1989
teL
ORDINANCE NO. 89-3412
AN ORDINANCE AMENDING CHAPTER 36, ENTITLED
"ZONING ORDINANCE" OF THE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA,
BY AMENDING SECTIONS 36-4(n), 36-9(d) , 36-
10(d) , 36-11(d), 36-12(c), 36-13(c), 36-
14(b), 36-15(b), 36-55(k.1) THEREIN TO
PERMIT NEIGHBORHOOD CENTERS IN RESIDENTIAL
ZONES.
WHEREAS, neighborhood centers provide a
service to residential areas in the form of
supervised recreation for young people,
child care, and counseling and support for
adults and children; and
WHEREAS, the provision of such services
can enhance the quality of life for people
living in the center's service area; and
WHEREAS, the City Council finds it to be
in the public interest to encourage the
establishment of non-profit neighborhood
centers in the City, where appropriate; and
WHEREAS, the existing Zoning Ordinance
has no provisions for neighborhood centers
and would thereby prohibit the
establishment of such a use.
NOW,THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. That Chapter 36, "Zoning
Ordinance" of the Code of Ordinances of the
City of Iowa City, Iowa, be, and the same
is hereby amended by repealing Section 36-
4(n) (1) and enacting in lieu thereof a new
section to be codified the same to read as
follows:
Section 36-4(n) (1) . Neighborhood
Center. A use owned and operated by a
non-profit organization, as defined by
Section 501(c)(3) of the Internal Revenue
Code, providing a place for social services
such as the care of children, supervised
recreation, counseling referral for
children and adults, and/or support groups
for children and adults and in which such
services are intended primarily, though not
exclusively, for those persons within a
mile radius of the center.
Section 36-4(n)(1.1) . Non-conforming
lot. A lot which does not conform to the
provisions of this Chapter relative to lot
frontage, width or area for the zone in
which it is located by reason of the
adoption of this Chapter or subsequent
amendments thereto.
13
Ordinance No. 89-3412
Page 2
7
SECTION II. That Chapter 36, "Zoning
Ordinance" of the Code of Ordinances of the
City of Iowa City, Iowa, be, and the same
is hereby amended by repealing Section 36-
9(d), and enacting in lieu thereof a new
section to be codified the same to read as
follows:
Section 36-9(d) . Special Exceptions.
(1) Child care facilities subject to
the requirements of Section 36-55.
(2) Neighborhood Centers subject to
the requirements of Section 36-55.
(3) Public Utilities.
(4) Religious institutions subject to
the requirements of Section 36-55.
(5) Schools - generalized private
instruction.
SECTION III. That Chapter 36, "Zoning
Ordinance" of the Code of Ordinances of the
City of Iowa City, Iowa, be, and the same
is hereby amended by repealing Section 36-
10(d) and enacting in lieu thereof a new
section to be codified the same to read as
follows:
Section 36-10(d) . Special Exceptions.
(1) Child care facilities subject to
the requirements of Sec. 36-55.
(2) Neighborhood Centers subject to
the requirements of Sec. 36-55.
(3) Public Utilities.
(4) Religious institutions subject to
the requirements of Sec. 36-55.
(5) Schools - generalized private
instruction.
SECTION IV. That Chapter 36, "Zoning
Ordinance" of the Code of Ordinances of the
City of Iowa City, Iowa, be, and the same
is hereby amended by repealing Section 36-
11(d) and enacting in lieu thereof a new
section to be codified the same to read as
follows:
Section 36-11(d) . Special exceptions.
(1) Cemeteries and mausoleums subject
to the requirements of Sec. 36-55.
(2) Child care facilities subject to
the requirements of Sec. 36-55.
(3) Funeral home subject to the
requirements of Sec. 36-55.
(4) Group care facilities provided
that there is at least 750 square
feet of lot area for each
occupant.
(5) Neighborhood Centers subject to
the requirements of Sec. 36-55.
(6) Public Utilities.
� 3
Ordinance No. 89-3412
Page 3
(7) Religious institutions subject to
the requirements of Sec. 36-55.
(8) Schools - generalized private
instruction.
(9) Schools - specialized private
instruction subject to the
provisions of Section 36-11(g)(2) .
(10) Transient housing provided that
there is at least 750 square feet
of lot area for each permanent
resident and 200 square feet for
each temporary resident.
SECTION V. That Chapter 36, "Zoning
Ordinance" of the Code of Ordinances of the
City of Iowa City, Iowa, be, and the same
is hereby amended by repealing Section 36-
12(c) and enacting in lieu thereof a new
section to be codified the same to read as
follows:
Section 36-12(c) . Provisional uses.
(1) Detached single family dwellings
subject to the dimensional
requirements of the RS-12 zone.
(2) Dwellings allowed in this zone
with a maximum of three (3)
roomers in each dwelling unit
provided that for single family
dwellings and duplexes, additional
off-street parking spaces shall be
furnished at the ratio of one-half
(4) space per roomer.
(3) Duplexes provided they shall be
developed in accordance with the
dimensional requirements of the
RN-12 zone, except that the
minimum lot area shall be 3600
square feet and the minimum lot
area per unit 1800 square feet.
(4) Family care facilities provided
they shall not be located within
one-quarter (I) mile of each
other.
(5) Fraternity/sorority houses,
provided there shall be 545 square
feet of lot area for each person
residing on the premises.
(6) Neighborhood Centers subject to
the requirements of Sec. 36-55.
(7) Nursing homes subject to the
requirements of Sec. 36-55.
(8) Religious institutions subject to
the requirements of Sec. 36-55.
(9) Rooming houses, provided that the
total floor area shall not exceed
330 square feet for each 1800
square feet of lot area and that
13
Ordinance No. 89-3412
Page 4
there shall be at least 100 square
feet of floor area for each
roomer.
(10) Townhouses and zero lot line
dwellings subject to the
requirements of Sec. 36-55,
provided they are developed in
accordance with the dimensional
requirements of the RM-12 Zone,
except that each unit shall have
a minimum lot area of 1800 square
feet.
(11) Accessory apartments, subject to
the requirements of Section 36-55.
SECTION VI. That Chapter 36, "Zoning
Ordinance" of the Code of Ordinances of the
City of Iowa City, Iowa, be, and the same
is hereby amended by repealing Section 36-
13(c) and enacting in lieu thereof a new
section to be codified the same to read as
follows:
Section 36-13(c) . Provisional uses.
(1) Dwellings allowed in this zone
with a maximum of three (3)
roomers in each dwelling unit
provided that for single family
dwellings and duplexes, additional
off-street parking spaces shall be
furnished at the ratio of one-half
(z) space per roomer.
(2) Family care facilities provided
they shall not be located within
one-quarter (i) mile of each
other.
(3) Fraternity/sorority houses,
provided there shall be 545 square
feet of lot area for each person
residing on the premises.
(4) Neighborhood Centers subject to
the requirements of Sec. 36-55.
(5) Nursing homes subject to the
requirements of Sec. 36-55.
(6) Religious institutions subject to
the requirements of Sec. 36-55.
(7) Rooming houses, provided that the
total floor area shall not exceed
330 square feet for each 1800
square feet of lot area and that
there shall be at least 100 square
feet of floor area for each
roomer.
(8) Accessory apartments, subject to
the requirements of Section 36-55.
13
Ordinance No. 89-3412
Page 5
SECTION VII. That Chapter 36, "Zoning
Ordinance" of the Code of Ordinances of the
City of Iowa City, Iowa, be, and the same
is hereby amended by repealing Section 36-
14(b) and enacting in lieu thereof a new
section to be codified the same to read as
follows:
Section 36-14(b) . Permitted uses.
(1) Dwellings allowed in this zone
with a maximum of three (3)
roomers residing in each dwelling
unit. Single and two family
dwelling, which exist as
nonconforming uses, shall be
permitted three (3) roomers per
dwelling unit.
(2) Neighborhood Centers.
(3) Multi-family dwellings.
SECTION VIII . That Chapter 36, "Zoning
Ordinance" of the Code of Ordinances of the
City of Iowa City, Iowa, be, and the same
is hereby amended by repealing Section 36-
15(b) and enacting in lieu thereof a new
section to be codified the same to read as
follows:
Section 36-15(b) . Permitted uses.
(1) Dwellings allowed in this zone
with a maximum of three (3)
roomers residing in each dwelling
unit. Single and two family
dwelling, which exist as
nonconforming uses, shall be
permitted three (3) roomers per
dwelling unit.
(2) Fraternity/sorority houses.
(3) High-rise multi-family dwellings.
(4) Neighborhood Centers.
SECTION IX. That Chapter 36, "Zoning
Ordinance" of the Code of Ordinances of the
City of Iowa City, Iowa, be, and the same
is hereby amended by adding Section 36-
55(k.1) as follows:
Section 36-55(k.1) . Neighborhood
Centers.
(1) Neighborhood centers shall be
located with access to arterial or
collector streets.
(2) All centers engaged in child care
shall meet the requirements of
Section 36-55(c) .
(3) The hours of operation of
neighborhood centers and outdoor
activities on the site shall be
limited to from 7:00 AM to 10:00
PM.
13
Ordinance No. 89-3412
Page 6
(4) Screening shall be provided
between any parking areas abutting
residential uses which require
four or fewer parking spaces, in
accordance with Section 36-76(j) .
SECTION X. REPEALER: All ordinances and
parts of ordinances in conflict with the
provisions of this ordinance are hereby
repealed.
SECTION XI . 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 XII. EFFECTIVE DATE: This
Ordinance shall be in effect after its
final passage, approval and publication as
required by law.
Passed and approved this 16th day of
May, 1989.
AIOR
ir
ATTEST: 0Anp-J �(! H.)
C T LERK
Approved as to Form
L epartment
13
It was moved by Ambrisco and seconded by Balmer that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
First Consideration
Vote for passage:
Second Consideration 5/2/89
Vote for passage: Ayes: McDonald, Ambrisco, Balmer, Courtney,
Horowitz, Kubby, Larson. Nays: None. Absent: None.
Date published 5/24/89
Moved by Balmer, seconded by Kubby, that the rule requiring
ordinances to be considered and voted on for passage at two
council meetings prior to the meeting at which it is to be
finally passed be suspended, the first consideration be
waived and the ordinance be given second consideration at
this time. Ayes: McDonald, Ambrisco, Balmer, Courtney,
Horowitz, Kubby, Larson. Nays: None. Absent: None.
13
CITY OF IOWA CITY
CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CCO
STATE OF IOWA )
SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3412 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
16th day of May , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 24th day of May , 19 89
Dated at Iowa City, Iowa, this 5th day of June ,1989
(421
'.zona Parrott, y a u0 t Cit'y Clerk
P
ig 02_
Published without City /
Clerk signature. Per SECTION y That Chapter 36, 'Zoning
Ordinance of the Code of Ordinances of the
City Atty. Timmins, certify City of Iowa City, Iowa, be, and the same
OFFICIAL PUBLICATION is hereby amended by repealing Section 36-
from ordinance itself and 12(c) and enacting in lieu thereof a new
not proof. No need to ORDINANCE 00. 69-3412 section to be codified the same to read as
follows:
republish. AN ORDINAICE AMENDING CHAPTER 38, ENTITLED Section 36-12(c). Provisional um.
'ZONING ORDINANCE' Of THE CODE OF (1) Detached single family dwellings
ORDINANCES OF THE CITY OF IOWA CITY. IOWA, subject to the dimensional
BY MENDING SECTIONS 36-4(n), 36-9(d), 36- requirements of the RS-12 zone.
10(1, 36-11(d), 36-12(c , 36-13(c), 36- (2) Dwellings allowed in this zone
14( , 36-15(b), 36-55(.1) THEREIN TO with a maximum of three (3)
ryry PEMT NEIGH IDOD CENTERS IN RESIDENTIAL roarers in each dwelling unit
Priptei s fee s�D•s[/ ZONES. provided that for single family
dwellings and duplexes, additional
WHEREAS, neighborhood centers provide a off-street parking spaces shall be
CERTIFICATE OF PUBLICATION service to residential areas in the form of furnished at the ratio of one-half
supervised recreation for young people, (N) space per roomer.
STATE OF IOWA, Johnson County, ss: child care, and counseling and support for (3) Duplexes provided they shall be
adults and children; and developed in accordance with the
THE IOWA CITY PRESS-CITIZEN WHEREAS, the provision of such services dimensional requirements of the
cu-enhance the quality of life for people RN-12 zone, except that the
- living in the center's service area; and minimum lot area shall be 3600
WHEREAS, the City Council finds it to be square feetand the minimum lot
in the public interest to encourage the area per unit 1800 square feet.
establishment of non-profit neighborhood (4) Family care facilities provided
1 centers in theCity,where appropriate; and they shall not be located within
WHEREAS, the existing Zoning Ordinance one-quarter (N) mile of each
Carol Barr, being duly sworn, say that I has no provisions for neighborhood caters other.
am the legal clerk of the IOWA CITY establishhment of heuchba userohibit the (5) Fraternity/sorority houses,
provided there shall be 545 square
PRESS-CITIZEN, a newspaper NOW,THEREFORE, BE IT ORDAINED NY THE feet of lot area for each person
published in said county, and that a
CITY
COUNCIL OF THE CITY OF IOWA CITY, residing on the premises.
(6) Neighborhood Centers subject to
notice, a printed copy of which is hereto SECTIO I That Chapter 36, *Zoning the requirements of Sec. 36-55.
attached, was published in said paper rdi0 nance'of the Code of Ordinances of the (7) Nursing homes subject to the
P P City of Iowa City, be, and the same requirements of Sec. 36-55.
I — time(s), on the following is hereby amended repealing (8) Religious institutions subject to
4(n)(1) and enacting in lieu thereof a mew the requirements of Sec. 36-55.
date(s): section to be codified the same to Mad as (9) Rooming houses, provided that the
7 ' ( �a� /9/'/
follows: total floor area shall not exceed
Section 1 . Neighborhood
Center. A Ciao se eenand operated bye 330 square feet for each 1800
square feet of lot area and that
non-profit organization, as defined there shall be at least 100 square
5Ol(c)(3) of the Internal Revenue
Code, theding a place for social services feat of floor area for each
such as care of children, supervised roomer.
golf
,r //qrecreation, counseling referral fpr (10) Townhouses and zero lot line
1 5���-� children and adults, and/or support groups dwellings subject to the
111 far children and adults and in which such requirements of Sec. 36-55,
Legal Clerk services are intended primarily,though net provided they are developed in
exclusively, for those persons within a accordance with the dimensional
mile radius of the center. requirements of the RM-12 Zone,
Subscribed and sworn to before me Section 36-4(n)(I.I). Non-conforming except that each unit shall have
lot. A lot which does not conform to the a minimum lot area of I800 square
provisions of this Chapter relative to let feet.
frontage, width or area for the zone is (11) Accessory apartments, subject to
this Iday of .D. which it is located by Mason of the' the requirements of Section 36-55.
SECTION I. That Chapter 36, 'Zoning
adoption of 'this Chapter or subsequent Ordinance of the Code of Ordinances of the
amendments thereto. City of Iowa City, Iowa, be, and the same
19 SECTIO. That Chapter 36, 'ZSiN is hereby amended by repeal Ing Section 36-
Ordinance of the Code of Ordinances of the 13(c) and enacting in lieu thereof a new
City of Iowa.City, Iowa, be, end the same section to be codified the same to read as
w , 14 is hereby amended by repealing Section 36- follows:
9(d), and enacting in lieu thereof a new Section 36-13(c). Provisional uses.
Notary Public section to be codified the same to read as (1) Dwellings allowed in this zone
follows: with a maximum of three (3)
Section 36-9(d). Special Exceptions. roomers in each dwelling unit
(1) Child can facilities subject to provided that for single familySHARON S7U88S the requirements of Section 36-55. dwellings and duplexes, additional
- (2) Neighborhood Centers subject to off-street parking:spaces shall be
"` the requirements of Section 36-6S. furnished at the ratio of one-half
(3) Public Utilities. (1) space per roomer.
(4 Religious institutions subject to (2) Family care facilities provided
the requirements of Section 36-55. they shall not be located within
(5) Schools - generalized private one-quarter (1) mile of each
instruction. other.
SECTION III. That Chapter 36, 'Zoning (3) Fraternity/sorority houses,
Ordinance of the Code of Ordinances of the
City of Iowa City, Iowa, be, and the same providedofthere shallfor be square
feet
is hereby amended by repealing Section 36- residing lot area each h person
10(d) and enacting in lieu thereof a new on the premises.
section to be codified the same to read as (4) NeighborhoodeCenters Sec. 36-5 to
follows: the requirements subject 36-55.
Section 36-10(d). Special Exceptions. (5) Nursing homes to the
(I) Child care facilities subject to requirements of Sec. 36.55.
the requirements of Sec. 36-55. (6) Religious institutions subject to
(2) Neighborhood Centers subject to the requirements of Sec. 36-55.
the requirements of Sec. 36.66. (7) Roaming houses, provided that the
(3) Public Utilities. total floor area shall not exceed
(4)• Religious institutions subject to , 330 square feat for each 1800
the requirements of Sec. 36-55. square
hen shall be tof eleast 100W that
are
(5) Schools - generalized private feet of floor area for each
instruction. Homer.
SECTION Y. That Chapter 36, 'Zoning (8) Accessory apartments, subject to
Ordinance of the Code of Ordinances of the the requirements of Section 36-55.
• City of Ieme City, Iowa, be,- and the same
is hereby amended by repealing Section 36- SECTION Yll That Chapter 36, 'Zoning
11(d) and enacting in lieu thereof a new Ordinance' of the Code of Ordinances of the
section to be codified the same to read as City of Iowa City, Iowa, be, and the same
follows: is hereby amended by repealing Section 36-
Section 36-11(d) Special exception'. 14(b) and enacting in lieu thereof a new
(I) Cemeteries and mausoleums subject section to be codified the same to read as
to the requirements of Sec. 36-55. follows:
(2) Child care facilities subject to Section 36-14(b). Permitted uses.
the requirements of Sec. 36-55. (1) Dwellings allowed in this zone
(3) Funeral home subject to the with a maximum of three (3)
requirements of Sec. 36-55. roomers residing in each dwelling
(4) Group care facilities provided unit. Single and two family
thatthere is at least 750 square dwelling, which exist as
feet of lot area for each nonconforming uses, shall be
occupant. permitted three (3) roomers per
(5) Neighborhood Centers subject to dwelling unit.
the requirements of Sec. 36-55. (2) Neighborhood Centers.
(6) Public Utilities. (3) Multi-family dwellings. _
(7) Religious institutions subject to
the requirements of Sec. 36-55.
(8) Schools - generalized private
instruction.
(9) Schools - specialized private
instruction subject to the
provisions of Section 36.11(9)(2).
(10) Transient housing provided that
there is at least 750 square feet
of lot area for each permanent
resident and 200 square feet for
each temporary resident.
cy-t-ct- o 7- 077cc-
02.i 0Z,
MN-rjlt• That Chatir-35, 'Zemin➢
3rdinasce of the Code of ordinances of the
City of Iowa City, Iowa, he, and the same
•is hereby amended by repealing Section 36-
secte�ion to ebe nacd new .in
theeusaaieth toereof read as
as
folSeection 36.15(6). permitted uses.
(1) Drillings allowed in this zone
i with a maxima of three (3)
roomers residing in each dwelling
unit. Single and two family
dwelling, which exist as
nonconforming rises, shall be
pper1itte witrn (3) roomers per
Y Nr1atemiitysorofryihouwesll
ings.(1 Neighborhood Centers!
That Chapter :36, 'Zoning ,
;Ordinance'of the Code of Ordinances of the
City of Iowa City, Iowa, be, and the same
i is hereby amended by adding Section 36-
55(k.l) as follows:
"MA36-55(k.1). Neighborhood
MNeighborhood centers shall be
located with access to arterial or
collector streets.
(2)
All shallenmeet ttrs he careed in child
requirements of
Section 36-55(c).
(3)
neighborrhood centerssanandioouutd000r
' activities on the site shall be
limited to from 7:00 AN to 10:00
PN.
(4)
Screening shall
pareking areas be arovided
butting
residential uses which require
four or fewer parking spaces, to
accordance with Section 36-76(j).
• All ordinances and
parts o o nances.tn conflict with the
'provisions of this ordinance are hereby
:repealeIf 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
adj ••ed invalid or unconstitutional.
,.. k. • This
.1 • nano s a in e fest after its
final passage, approval and publication as
required by law.
Passed and approved this 16th day of
Nay, 989.
•30763 May 7a,1989
i
1
ORDINANCE NO. 89-3413
AN ORDINANCE AMENDING CHAPTER 15 OF THE
CODE OF ORDINANCES OF THE CITY OF IOWA
CITY, IOWA, BY REPEALING SECTION 15-66
THEREOF, AND ENACTING IN LIEU THEREOF A NEW
CODE SECTION TO BE CODIFIED THE SAME,
PROVIDING FOR THE ESTABLISHMENT OF A
DELINQUENCY DEPOSIT FOR COMBINED WATER
AND/OR SEWER AND/OR SOLID WASTE COLLECTION
ACCOUNTS.
BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF IOWA CITY, IOWA:
SECTION I . That Chapter 15 of the Code of
Ordinances of the City of Iowa City, Iowa,
be, and the same is hereby amended by
repealing Section 15-66, thereof, and
enacting in lieu thereof a new section to
be codified the same to read as follows:
Sec. 15-66. Deposit upon establishment
of account; Deposit upon delinquency of
account.
(a) Upon initial establishment of a
residential water service account, a
residential sewer service account,
and a residential solid waste
collection account, or any of these,
with the city, or upon re-
establishment of such accounts with
the city, the person establishing the
account shall be required to execute
a service agreement and make a
combined account deposit before
commencement of the city's service.
The amount of the deposit shall be as
provided in the schedule of fees,
Section 32.1-55. The deposit shall
be held either until three (3) years
after establishment of the account or
until service is terminated and the
account closed, whichever occurs
first. At that time, the amount of
the deposit shall be credited to the
customer's account.
(b) A delinquency deposit may be charged
upon repeated delinquency of any
water service account, sewer service
account, and/or residential solid
waste collection account. Upon the
occurrence of a delinquent water
service account, sewer service
account and/or residential solid
waste collection account resulting in
a second delinquency charge in a
calendar year, the consumer shall be
required to make a combined account
deposit which is equal to the average
14
Ordinance No. 89-3413
Page 2
two-month billing for their account.
The average two-month billing shall
be based upon the actual billings
during the prior twelve-month period.
If the consumer already has a
combined deposit being held, that
deposit amount shall be increased to
the proper amount for a delinquency
deposit.
Delinquency deposits shall be held
either one year after the
establishment date or one year after
the last occurrence of a charge for
a delinquent account, whichever
occurs last. The deposit shall be
released when service is terminated
and the account is closed. At that
time, the amount of the deposit shall
be credited to the customer's
account.
SECTION II. REPEALER: All ordinances and
parts of ordinances in conflict with the
provisions of this Ordinance are hereby
repealed. These are: Ordinance No. 87-
3336, §3, 9-8-87.
SECTION III . SEVERABILITY CLAUSE: If any
of the provisions of this Ordinance are for
any reason declared illegal or void, then
the lawful provisions of this Ordinance,
which are severable from said unlawful
provisions, shall be and remain in full
force and effect, the same as if the
Ordinance contained no illegal or void
provisions.
SECTION IV. EFFECTIVE DATE: This
Ordinance shall be in full force and effect
from and after its final passage and
publication as by law provided.
Passed and approved this 16th day of
May, 1989.
j / /Zgn-c-e---C-7
0070R
ATTEST: 7aw.crL t) . 96LA
CITY LERK
App ed a to Form
3/7/89
Legal Department
It4
It was moved by Balmer and seconded by Kubbythat
the Ordinance as read be adopted, and upon roll call there wre:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
First Consideration 5/2/89
Vote for passage: Ayes: Horowitz, Kubby, Larson, McDonald,
Ambrisco, Balmer, Courtney. Nays: None. Absent: None.
Second Consideration
Vote for passage:
Date published 5/24/89
Moved by Balmer, seconded by Ambrisco, 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: Balmer, Courtney, Horowitz,
Kubby, Larson, McDonald, Ambrisco. Nays: None.
Absent: None.
CITY OF IOWA CITY
CMC CENTER 410 E. WASHINGTON ST. IOWA C lY, IOWA 52240 (319) 356-50:0
STATE OF IOWA
55
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3413 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
16th day of May , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 24th day of May , 19 89
Dated at Iowa City, Iowa, this 5th day of June ,l9 89 .
'au,na Parrott, Deputy City Clerk
OFFICIAL PUBLIC&IION
OFDIMAYCE NO. se-Tom
aR ORDINANCE DEMI* 431111111 15 OF int
CODE OF ORDINANCES OF THE CITY OF IOW
Published without CityCITY, IOWA, BY REPEALING JON 15-66
THEREOF. AND ENACTING IN LIEU A NEN
Clerk signature. Per CODE SECTION TO RE CODIFIED SAME.
PROVIDING FOR THE ESTABLISHMON Of A
City Atty. Timmins, certify DELINQUENCY DEPOSIT FOR come WATER
from ordinance itself and AMD/DA SODA AND/OR SOLID HASTE c tzcr1DN
ACCOUNTS.
not proof. No need to
BE IT ORDAINED BY WE CITY COUNCIL OF
republish. THE CITY OF IONA cm. IOWA:
I . That Chapter 15 of the Code of
r nances of the City of Iowa City, Iowa,
be, and the same is hereby vended by
repealing Section 1546. thereof, rid
enacting in lieu thereof a ems section to
be codified the same to read as follows:
Set. 15-66. Dugout upon establisSest
3‘/ .f accesnt; Deposit Open delinquency of
Printer's fee b ecceunt•
(a) Upon initial establishment of a
residential water service account, a
CERTIFICATE OF PUBLICATION residential surer service account,
' and a residential solid waste •
STATE OF IOWA, Johnson County, ss: collection account, or any of these,
THE IOWA CITY PRESS-CITIZEN with the city, or upon re-
establishment of such accounts with
- the city, the person establishing the
account shall be required to execute
a service agreement and make a
combined account deposit before
I. commencemvice.
The avant t of
deposit,shas llr be as
Carol Barr, being duly sworn, say that I provided in the schedule of fees,
am the legal clerk of the IOWA CITY shall
be held eitherSuntilhthee deposit years •
PRESS-CITIZEN, a newspaper after establishment of the account or
published in said county, and that a until service is terminated and the
Y account closed, whichever occurs
notice, a printed copy of which is hereto first. At that time, the amount of
attached, was published in said paper the depositshall credited to the
P P customer'sstomar'saccount.
_ /__ time(s), on the following (b) A delinquency deposit may be charged
upon repeated delinquency of any
date(s): ��(} /J watts` service account, sewer service
v/ �Cl�y
account, and/or residentialnesolid
gel waste collection account. Upon the
service of a delinquent waterh
service account, sewer service
account and/or residential solid
waste collection account resulting as
a second delinquency charge in a
calendar year, the consumer shall be
aiser-o/G/4 required to make a combined account
Legal Clerk deposit which is equal to the average
g the-month billing for their acc
The average two-month billing
Subscribed and sworn to before me d based upon the actualtwelve-month billr
daring Ifg the prior consumer per
�.bf the already h
combined deposit being held,
this day of , A.D. deposit amount shall he increas
the proper amount for a delingjfpn
deposit.
Delinquency deposits shall be held
1g ,/ I.
{ / either one year after the
/ establishment date or one year after
a `ei / the last occurrence of a charge for
.� a delinquent account, whichever
NotaryPublic occurs last. The deposit shall be
released when service i5 terminated
— - and the account is closed. At that
o {4
SHARON STUBEIS 7 time, the amount of the deposit shall
E be credited to the customer's
o account.
SECTION II. REPEALER: All ordinances and
parts of ordinances in conflict with the
provisions of this Ordinance are hereby
repealed. These are: Ordinance No. 87-
3336, ¢3, 9-8-87.
SECTION III. SEVERABILITY CLAUSE: If any
of the prov sions of this Ordinance are for
any reason declared illegal or void, then
the lawful provisions of this Ordinance,
which are severable from said unlawful
provisions, shall be and remain in full
force and effect, the same as if the
Ordinance contained no illegal or void
provisions.
SECTION IV. EFFECTIV DATE: This
ordinance shall be in full€force and effect
from and after its final passage and
publication as by law provided.
Passed and approved this loth day of
Hay 1969. yy�� /�/t
/fk C/^‘-87
YOR
30267 May 24,1989
ORDINANCE NO. 89-3414
AN ORDINANCE AMENDING CHAPTER 32.1, ENTITLED "TAXATION AND REVENUES" OF THE CODE
OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTIONS 32.1-55 AND
32.1-73 THEREIN TO, RESPECTIVELY, REVISE WATER SERVICE CHARGES AND FEES, INCREASE
FEE FOR TEMPORARY WATER USE DURING CONSTRUCTION, AND ESTABLISH A DELINQUENCY
DEPOSIT, COMBINED, FOR CITY WATER AND/OR SEWER AND/OR SOLID WASTE COLLECTION
ACCOUNTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
SECTION 1 . That Chapter 32.1, "Taxation and Revenues" of the Code of Ordinance
of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing
Section 32.1-55, and enacting in lieu thereof a new section to be codified the
same to read as follows:
Sec. 32.1-55. Fee or Charges Authorized in Chapter 15.
Municipal Code
Section
Authorizing Fee
Charge, Fine or Description of Fee,
Penalty: Charge, Fine, or Penalty: Charge:
Sec. 15-31 Fee for annual solid waste One dollar ($1.00) per
collection permit collection vehicle per
year
Sec. 15-65(a) Residential solid waste
collection fee
Rates effective for bills on Sept. 1 Sept. 1
or after: 1988 1989
per dwelling unit, per month $5.25 $5.50
per two rooming units, per month $5.25 $5.50
Sec. 15-65(b) Landfill use fee
July 1 July 1
Rates Effective: 1988 1989
City fee $7.75 $8.00
State fee $1 .50 $2.00
Total fee $9.25 $10.00
Minimum $1 .25 $1.35
Sec. 15-66(a) Deposit fee for combined city Residential account:
water and/or sewer and/or $50.00 per combined resi
solid waste collection accounts. dential service for city
water and/or sewer and/or
solid waste collection
service.
Sec. 15-66(b) Delinquency deposit for com- In an amount equal to the
bined water and/or sewer and/or average two-month billing
waste collection accounts. for the delinquent account.
/5
Ordinance No. 89-3414
Page 2
SECTION 2. That Chapter 32.1, "Taxation and Revenues" of the Code of Ordinances
of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing
Section 32.1-73, and enacting in lieu thereof a new section to be codified the
same to read as follows:
Sec. 32.1-73. Fees and Charges Authorized in Chapter 33.
Municipal Code
Section
Authorizing Fee
Charge, Fine or Description of Fee, Eff. Eff. Eff.
Penalty: Charge, Fine, or Penalty 9/1/86 9/1/87 9/1/88
(a)
Sec. 33-45 Sewer Service Charges:
Minimum monthly charge (includes
the first 200 cu. ft. of water
used) $3.00 $4.75 $5.75
Monthly charge for each addi-
tional 100 cu. ft. of water
used. $.66 $1.04 $1.26
Eff. Eff.
Monthly surcharge 9/1/86 9/1/88
BOD (per pound) $.06 $.10
SS (per pound) $.06 $.06
The user charge will be effective with the billing sent after
the effective dates listed in the preceding chart.
(b)
Sec. 33-46(h) Fee for delinquent sewer service Three dollars ($3.00) for
account each water service account
not paid within 30 days of
billing date. Fee is waived
for first occurrence in each
calendar year.
(c)
Sec. 33-48(a) Deposit fee for combined city Residential account -
water and/or sewer and/or solid $50.00 per combined resi-
waste collection accounts. dential service for
city water and/or sewer
and/or solid waste collec-
tion service.
Commercial account - an
amount equal to the two-
month billing for commercial
service for city water and/or
sewer service.
Sec. 33-48(b) Delinquency deposit fee for com- In an amount equal to the
bined city water and/or sewer average two-month billing
and/or solid waste collection for the delinquent account.
accounts.
Ordinance No. 89-3414
Page 3
(d)
Sec. 33-149(a) Meter deposit.
a) Deposit fee for new meter $60.00
and outside meter reader.
b) Refund for each new meter, $75.00
outside meter reader, and
wiring correctly installed.
Sec. 33-149(b) Second meter fee $65.00
(non-refundable)
(e)
Sec. 33-163 Water Service Charges:
Monthly user charges for METER
water service for the first SIZE Eff. Eff. Eff.
two hundred (200) feet or ( Inches) 9/1/86 9/1/88 9/1/88
less of water used, based
on meter size. 5/8 $ 3.25 $ 3.60 $ 3.80
3/4 3. 75 4. 15 4.35
1 4.40 4.85 5. 10
1-1/2 8.75 9.65 10. 15
2 11 .75 12.95 13.60
3 21 . 75 23.95 25. 15
4 37.95 41 .75 43.85
6 76.40 84.00 88.20
The minimum user charges for larger meters will be based on
comparative costs to a 6" meter. The minimum user charge for a
customer who furnishes the meter at their own costs will be based
on the minimum for a 5/8" meter, regardless of the size.
There will be no minimum monthly charge for the second water
meter from November to March for those months during which no
water is used.
Monthly user charges for MONTHLY
water in excess of 200 USAGE Eff. Eff. Eff.
cubic feet per month. (Cu. Ft. ) 9/1/86 9/1/88 9/1/88
Next 2,800 $ .75 $ .83 $ .87
Next 17,000 .45 .50 .53
Over 20,000 .40 .44 .46
(f)
Sec. 33-164 Fee for temporary water use during
construction for the first 60 days
from the date of the service tap for
a new service or for a maximum of
60 days for reconstruction:
/ -
Ordinance No. 89-3414
Page 4
Single and two (2) family residences Ten dollars ($10.00)
per month.
Multi-family residences Ten dollars ($10.00)
per month.
Commercial structures Twenty dollars
(520.00) per month.
Fee for temporary water use after
60 days for any structure shall be
$100.00 per month until the meter
is installed.
(9)
Sec. 33-165 Fee for direct purchase of water One dollar ($1 .00)
per two hundred gallons or fraction
thereof.
(h)
Sec. 33-167 Fee for delinquent water service Three dollars ($3.00)
account. for each water service
account not paid with-
in 30 days of billing
date. Fee is waived
for first occurrence
in each calendar year.
(i)
Sec. 33-169(a) Deposit fee for combined city water Residential account
and/or sewer and/or solid waste $50.00 per combined
collection accounts. residential service for
city water and/or
sewer and/or solid
waste collection
service.
Commercial account -
an amount equal to
the two-month billing
for commercial service
for city water and/or
sewer service.
(J)
Sec. 33-169(b) Delinquency deposit fee for combined In an amount equal to
water and/or sewer and/or solid the average two-month
waste collection accounts. billing for the delin-
quent account.
1
Ordinance No. 89-3414
Page 5
(k)
Sec. 33-169(c) Fees and charges for various consumer
services
Tap Fees:
Size Tap Corps Curbs Boxes
1" 518.30 $18.35 $ 35.70 $29.15
11" $24.05 534.90 $ 58.10 $40.75
1)" $29.40 $48.25 $ 77.40 $40.75
2" $33.10 $78.15 $115.50 $40.75
11", If" and 2" will require saddles which are to be charged at
the City's cost plus a stocking fee.
Installation and connection fees:
Size Cost
6" $15.00 per linear foot
8" $18.80 per linear foot
10" $24.00 per linear foot
12" $29.70 per linear foot
16" 539.40 per linear foot
(1 )
Sec. 33-169(c) Service Fees
Fee Fee
During Normal After Normal
Service Working Hours Working Hours
a) Reconnection of discontinued $15.00 $30.00
service
b) Removal fee for disconnecting $25.00 Not done after
and removing a second meter normal working hours
c) Service fee for resetting $15.00 $30.00
or reading meter, or for
restarting service
d) Carding fee for shutting off $15.00 $30.00
in collection procedure
e) Check leaky meters No Charge No Charge
f) Frozen meters $15.00 + cost 530.00 + cost
of meter repair of meter repair
g) Shut-off service at curb & No Charge $30.00 + hourly
check for exterior leaks rate for time
over 2 hours
h) Broken hydrant Repair Cost $30.00 + repair
Ordinance No. 89-3414
Page 6
i ) Location of water main for No Charge No Charge
other utilities
j) Location of water main for No Charge $30.00 + hourly
private enterprise rate for time
over 2 hours
k) Meter accuracy check at $30.00 Not done after
consumer's request normal working
hours
1) Fire hydrant fee for inspection $50.00 Not done after
and operation of fire hydrants normal working
which are privately owned or hours
owned by other governmental
agencies.
If service is requested outside normal working hours, a $30.00
after-hour fee shall be charged in addition to the normal working
hour fee. In addition, when service time after hours exceed two
hours, an additional charge will be added to cover equipment
expense and actual employee wages, including overtime. The water
service division's normal working hours are 8:00 a.m. to 4:00
p.m. daily.
SECTION 3. SEVERABILITY: If any of the provisions of this Ordinance are for any
reason declared illegal or void, then the lawful provisions of this Ordinance
which are severable from said unlawful provisions, shall be and remain in full
force and effect, the same as if the Ordinance contained no illegal or void
provisions.
SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed. These are:
(1) Ordinance No. 87-3342, §1 (part) , 9/8/87.
(2) Ordinance No. 88-3371, §2, 4/5/88.
(3) Ordinance No. 88-3380, §1, 5/17/88.
SECTION 5. EFFECTIVE DATE: This Ordinance shall be in full force and effect from
and after its final passage and publication as by law.
Pass ed and approved this day of May, 1989.
M R l
TTEST: Q,;,, j A
CITY CLERK
Ape d . o Form
• /I� S 1/27
Legal Department
'U
It was moved by Balmer and seconded by Ambrisco that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X _ Courtney
X Horowitz
X Kubby
Larson
McDonald
First Consideration 5/2/89
Vote for passage: Ayes: Kubby, Larson, McDonald, Ambrisco
Balmer, Courtney, Horowitz. Nays: None. Absent: None.
Second Consideration
Vote for passage:
Date published 5/24/89
Moved by Balmer, seconded by Larson, 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: Horowitz, Kubby, Larson,
McDonald, Ambrisco, Balmer, Courtney. Nays: None.
Absent: None.
CITY OF IOWA CITY
CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5C0m
STATE OF IOWA
) S5
JOHNSON COUNTY )
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3414 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
16th day of May , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 24th day of May , 19 89
Dated at Iowa City, Iowa, this 5th day of June ,19 89
iul-nel (ea
�nima Parrott, Deputy City Clerk
!J'es't . u c r -
/ q3
ORDINANCE NO. 89-3414
AN ORDINANCE ING
OF ORDINANCES OFNTHE CITY CHAPTOF IOW32.1A CITY,T INA, BYA TION AMEEGI GANDREVENUESSECTIONS 32.1x55" OF TECAN[
32.1-73 THEREIN TO, RESPECTIVELY, REVISE WATER SERVICE CHARGES AND FEES, INCREASI
FEE FOR TEMPORARY WATER USE DURING CONSTRUCTION, AND ESTABLISH A DELINQUENCi
' DEPOSIT, COMBINED, FOR CITY WATER AND/OR SEWER AND/OR SOLID WASTE COLLECTIOq
ACCOUNTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
Published without City . Chapter 32.1, "Taxation and Revenues" of the Code of Ordinance
Clerk signature. Per of I.
of Iowa City, Iowa. be, and the same is hereby amended by repealing
Section 32.1-55, and enacting in lieu thereof a new section to be codified the
City Atty. Timmins, certify same to read as follows:
from ord}'c'nce itself and sec, 22.1-55. Fee or Charges Authorized in Chapter 15.
not proof. Na need to •
Municipal code
w
republish. section
Authorizing Fee
Charge, Flee or Description of Fee,
Penalty: Charge, fine, or Penalty: Charge:
Sec.,)5-31 Fee for annual solid waste One dollar (51.00) per
collection permit collection vehicle per
year
Sec. 15-65(a) Residential solid waste
4.-4-4/051.
5..,9/ collection fee
Printer's fee x,
Rates effective for bills on Sept. 1 Sept. 1
CERTIFICATE OF PUBLICATION or after: 1988 1989
STATE OF IOWA, Johnson County, ss: per dwelling unit, per month - S5.25 $5.50
per two rooming units, per month 35.410 55.50
THE IOWA CITY PRESS-CITIZEN
Sec. 1545(b) Landfill use fee ,
Rates Effective: ,1988) Jul1989
City fee 57.75 58.00
1, State fee - $1.50 r $2.00
Carol Barr, being duly sworn, say that I Total fee $9.25 $10.00
am the legal clerk of the IOWA CITY Minimum
PRESS-CITIZEN, a newspaperSeeResidential 51.35
published in said county, and that a • 15-65(a) Deposit fee for coottined city account:
water and/or sewer and/er $50.00 per combined resi
solid waste collection accounts. dential service for city
notice, a printed copy of which is hereto
attached, was published in said paper water and/or sewer and/or
-L- time(s), on the following servo waste collection
service, •
date(s): Sec. 15-66(b) Delinquency deposit for com- In an amount equal to the
„n ry� !/ L/// �t
bined water and/or sewer and/or average two-north billing
/C/ 1 7 waste collection accounts. for the delinquent account
9F�71mLZ. That Chapter 32.1, "Taxation and Revenues' of the Code-of Ordinances
of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing
4E-1‘-{da---44--- sameito re.1 a3, and enacting in Iteu thereof a new section to becodified the
same eton 32 d 7s follows:
Sac. 32.1-73. Fees and Charges Authorized in Chapter 33.
Legal Clerk Municipal Code •
Sect ie
Subscribed and ore to before me Authorizleg Fee
Charge, Flu or Description of Fee, Eff. Eff. Eff.
Penalty: Charge, Fine, or Penalty 9/1/86 9/1/87 9/1/88
this laday of A.D. (a)
.. Sec. 33-45 Sewer Service Charges:
Minimum monthly charge (includes
the first 200 cu. ft. of water
19 used) $3.00 $4.75 $5.75
- p. y, �-, used)
Monthly charge for each addi-
tional
vvv✓✓✓���CCC �1/�----i 100 cu. ft, of water
Notary Public used. 5.66 E1.04 $1.26
Elf. Eff.
o'. ;.:14 . ..__ Monthly surcharge 9/1/85 9Lh($
BOD (per pound) 5.06 LI12
�OSS
j . _ , (per pound) 5.06 3.06
a
The user charge will be effective with the Haling sent after
the effective dates listed in the preceding chart.
(b)
Sec. 33-46(h) Fee for delinquent sewer service Three dollars (33.00) for
account each water service account
not paid within 30 days of
billing date. 'Fee is waived
• for first occurrence in each
calendar year,
(c)
Sec. 33.441(s) Deposit fee for combined city Residential account -
water and/or sewer and/or solid $50.00 per combined resi-
waste collection accounts. dential service for
city water and/or sewer
and/or solid waste collec-
tion service.
Commercial account - an
•
. amount equal U the two-
- month bi l l nal far commerci a l
service for city water and/or
sewer service.
Set. 33-48(b) Delinquency deposit fee for com- In an amount equal to the
bined city water and/or sewer average two-month billing
and/or solid waste collection for the delinquent account.
accounts.
CM'rim " .. i ✓ / • .
I`(d)- - ------ --- -.- - ---- - - - - - - - - - - - - .4 2?
Sec. 33-149(a) Meter deposit.
a) Deposit fee for new meter $60.00
and outside meter reader.
b) Refund for each'new meter, $75.00
outside meter reader, and
wiring correctly installed.
' Sec. 33-149(b) Second meter fee $65.00
(non-refundable)
(e)
Sec. 33-163 Water Service Charges:
Monthly user charges for METER
water service for the first SIZE Eff. Eff. Eff.
two hundred (20D) feet or (Inches). 9/1/86 9/1/84 9/1/88
less of water used, based
on meter size. 5/8 $ 3.25 $ 3.60 $ 3.80
3/4 3.75 4.15 4.35
1 4.40 4.85 5.10
1-1/2 8.75 9.65 10.15
2 11.75 12.95 13.60
3 21.75 23.95 25.15
4 37.95 41.75 43.85
6 76.40 84.00 88.20
The minimum user charges for larger meters will be based on
comparative costs to a 6" meter. The minimum user charge for a
customer who furnishes the meter at their own costs will be based
on the minimum for a 5/8" meter, regardless of the size.
There will be no minimum monthly chargefor the second water
meter from November to March for those months during which no
water is used.
Monthly user charges for MONTHLY
water in excess of 200 USAGE Eff. Eff. Eff.
cubic feet per month. 9/1/86 9!i/88 9/1/88
Next 2,800 $ .75 $ .83 $ .874
Next 17,000 .45 .50 .53
Over 20,000 .40 .44 .46
(f) •
Sec. 33-164 Fee for temporary water use during
construction for the first 60 days
from the date of the service tap for
a new service or for a maximum of
60 days for reconstruction:
Single and two (2) family residences Ten dollars ($10.00)
per month.
Multi-family residences Ten dollars ($10.00)
per month.
Commercial structures Twenty dollars
($20.00) per month.
Fee for temporary water use after
60 days for any structure shall be
$100.00 per month until the meter
is installed.
(9)
Sec. 33-165 Fee for direct purchase of water One dollar ($1.00)
per two hundred gallons or fraction
thereof.
(h)
Sec. 33.167 Fee for delinquent water service Three dollars ($3.00)
•
account. for each water service
account not paid with-
in 30 days of billing
date. Fee is waived
for first occurrence
in each calendar year.
(i)
Sec. 33.169(4) Deposit fee for combined city water Residential account
and/or sewer and/or solid waste $50.00 per combined
collection accounts. residential service for
city water and/or
' sewer and/or solid
waste collection
service.
Commercial account -
an amount equal to
the two-month billing
for commerosal service
• for city water and/or
sewer service.
(3)
Sec. 33-I69(b) Delinquency deposit fee for combined In an amount equal to
water and/or sewer and/or solid the average two-month
waste collection accounts. billing for the delin-
quent account.
(k)
Set. 33.169(e) Fees and charges for various consumer
services
Tap Fees:
Size 102 Coros Curb$, poxes .
I" $18.30 $18.35 $ 35.70 $29.15
' 11' $24.05 $34.90 $ 58.10 $40.75.
11" $29.40 $48.25 S 77.40 $40.75
2" $33.10 $78.15 $115.50 $40.75
1)", 1)" and 2" will require saddles which are to be charged at
the City's cost plus a stocking fee.
Installation and connection fees:
Cost
6" 515.00.per linear foot
8" $18.80 per linear foot
10" $24.00 per linear foot
12" $29.70 per linear foot
16" ___-__$39.40 per linear foot -- - -
Orel _ 57- , '%/r
3 •
(1)
Sec. 33+169(c) Service Fees
Fee Fee
During Normal After Normal
$grvice Working Hour{ Working Hours
a) Reconnection of discontinued $15.00 $30.00
• service
b) Removal fee for disconnecting $25.00 Not done after
and removing,a second meter normal working hours
c) Service fee for resetting $15.00 $30.00
or reading meter, or for
restarting service
d) Carding fee for shutting off $15.00 $30.00
in collection procedure
e) Check leaky meters % No Charge No Charge.
f) Frozen meters $15.00 a cost $30.00 a.cost
of meter repair of meter repair
9) Shut-off service at curb a No Charge $30.00+hourly
check for exterior leaks rate for time
over 2 hours
h) Broken hydrant Repair Cost $30.00 a.repair
i) Location of water main for No Charge No Charge,
other utilities •
-
.1) Location of water main for No Charge $30.00+hourly
private enterprise rate for time
over 2 hours
k) Neter accuracy check at $30.00 Not done.after
consumer's request normal working
hours
1) Fire hydrant fee for inspection $50.00 Not done after
and operation of fire hydrants normal working
which areprivately owned or hours
owned by other governmental
agencies.
If service is requested outside normal working hours, a $30.00
after.hour fee shall be charged in addition to the normal working
hour fee. In addition, when service time after hours exceedtwo
hours, an additional chargewill be added to cover equipment
expense and actual employee wages, including overtime. The water
service division's normal working hours are 8:00 a.m. to 4:00
p.m. daily._
StCT1ON1SEVFIABILITY: Ifany of the provisions of this Ordinance are for any
reason declared illegal or void, then the lawful provisions of this Ordinance
which are severable from said unlawful provisions, shall be and remain in full
force and effect, the same as if the Ordinance contained no illegal or void
provisions.
SECTION 4-. REPFALFR• All ordinances or parts of ordinances in conflict with the
prow sions of this Ordinance are hereby repealed. These are: ,
' ((2) OI) Ordinance 4/5/88.
dinance No. 88.3371, §2, g/8/87.
(3) Ordinance No. 88.3380, §1, 5/17/88. ,
, 5. C 1: : This Ordinance shall be in full force and effect from
an. a ter s inal passage and publication as by law.
ssed and approved this of May, 1989.
�/fHlu'
'-- -" -- "—- - - - -- 30268 May 24.1989
ORDINANCE NO. 89-3415
AN ORDINANCE AMENDING CHAPTER 33 OF THE
CODE OF ORDINANCES OF THE CITY OF IOWA
CITY, IOWA, (1) BY REPEALING SECTIONS 33-
149, 33-163, 33-164, 33-165, AND 33-169
THEREOF, AND ENACTING IN LIEU THEREOF NEW
SECTIONS TO BE CODIFIED THE SAME, PROVIDING
FOR (A) REVISIONS IN PROCEDURES FOR THE
INSTALLATION OF PRIMARY AND SECOND WATER
METERS, AND (B) REVISIONS TO FEES FOR
SECOND WATER METERS, FOR WATER USE DURING
CONSTRUCTION, AND FOR DIRECT WATER
PURCHASE; (2) BY ENACTING THREE NEW
SECTIONS TO BE CODIFIED AS SECTIONS 33-48,
33-156 AND 33-167, PROVIDING FOR (A) THE
ESTABLISHMENT OF A DELINQUENCY DEPOSIT FOR
COMBINED WATER AND/OR SEWER AND/OR SOLID
WASTE COLLECTION ACCOUNTS, (B) CHANGES IN
THE PROCEDURES FOR REMOVAL OF WATER METERS,
AND (C) SETTING FORTH THE FEES AND BILLING
PROCEDURE UPON CHANGE IN TENANT ACCOUNT IN
A SEPARATE CODE SECTION; AND (3) BY
DELETING SUBSECTIONS (d) AND (e) FROM
SECTION 33-154 DUE TO THE INCLUSION OF
THOSE PROVISIONS IN OTHER SECTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I . That Chapter 33 of the Code of
Ordinances of the City of Iowa City, Iowa,
be, and the same is hereby amended by
repealing Section 33-149, thereof, and
enacting in lieu thereof a new section to
be codified the same to read as follows:
Sect. 33-149. Required metering of
water use.
(a) Requirements for Installation of
Water Meters. All water furnished to
the consumers shall be metered unless
provided otherwise by ordinance. All
meters and remote meter readers shall
be furnished by the department of
public works, but owner must provide
a suitable location and piping system
for same. The owner shall be
responsible for procuring the
installation of each meter furnished
by the city on all new construction
or remodel work, which installation
shall be performed by a licensed
plumber under a plumbing permit
issued pursuant to Chapter 8 of the
/�
Ordinance No. 89-3415
Page 2
Code of Ordinances of the City of
Iowa City, Iowa. On new
construction, the meter(s) shall be
installed at the same time as, or no
later than the installation of, the
plumbing fixtures. The meter(s)
shall be installed in a location
which provides the same access and
working space which as required for
water heaters, as provided in Chapter
8 of the Code of Ordinances of the
City of Iowa City, Iowa. The supply
or "in" side of the piping and
valving shall be marked with a tag at
the meter location. The owner shall
provide and install conduit (z inch
minimum size) and wire for a remote
meter reader. For multiple meter
settings, the owner shall label the
individual wires to correspond to the
proper meter inside. The meter and
wire installation must comply with
City specifications.
Upon completion of the
installation of the meter(s) and
related piping, the owner, or the
owner's plumbing contractor or
authorized agent, shall arrange, by
appointment, for a field test and
verification that each meter and
meter reader is operating properly.
The public works department (water
division) will meet with the owner,
or the owner's plumbing contractor or
authorized agent to verify that the
installation is correct and to
install the account number.
Piping systems shall be so
constructed and the meters so placed
that all water to be used in or about
the premises shall pass through the
water meter(s) . The owner shall be
responsible for compliance with this
provision and shall be liable for
payment of water used in violation
hereof.
A meter deposit, in the amount set
forth in the schedule of fees,
Section 32.1-73, will be required for
each meter provided by the City.
Upon proper completion of the
installation of the meter, a refund
Up
Ordinance No. 89-3415
Page 3
will be given to the person making
the deposit.
(b) Requirements for Installation of a
Second Meter. A second meter is any
meter which measures water use which
does not discharge into the City's
sanitary sewer system or require
treatment at the sewage treatment
plant, such as irrigation, air
conditioning, swimming pools or the
like.
A property owner with an existing
water service account may apply to
the public works department (water
division) for a second meter. If the
finance department determines that
such property is eligible for
installation of a second meter, the
meter will be provided to the
property owner, or the owner's
plumbing contractor or authorized
agent, upon payment of a non-
refundable second meter fee, as set
forth in the schedule of fees,
Section 32.1-73, and upon payment of
the meter deposit as provided in (a)
above.
A second meter, like the primary
meter, must be valved on both the
inlet and outlet sides. The second
meter shall be installed with a
backflow preventer valve on the
outlet if the plumbing does not
already include these valves on all
hose bibs connected to the meter. A
second meter must be installed in
compliance with all other
requirements set forth in (a) above.
A second meter shall not be
removed temporarily from service
during winter months. To properly
remove a second meter, the plumbing
must be physically restored so that
no jumper may be installed.
SECTION II. That Chapter 33 of the Code
of Ordinances of the City of Iowa City,
Iowa, be, and the same is hereby amended by
repealing Section 33-163, thereof, and
enacting in lieu thereof a new section to
be codified the same to read as follows:
Sec. 33-163. Rates.
(a) All users of city water service shall
be charged:
HP
Ordinance No. 89-3415
Page 4
(1) A minimum monthly charge for
the first two hundred (200)
cubic feet, or less, of water
usage, based on meter size, and
(2) A monthly charge on all water
used in excess of two hundred
(200) cubic feet per month, and
(3) There will be no minimum
monthly bill for a second water
meter from November through
March of each year for those
months during which no water is
used.
Said charges shall be for the
quantities of water used and shall be
in the amount set forth in the
schedule of fees, Section 32.1-73.
(b) The rates and charges herein
established and set forth in the
schedule of fees shall apply only to
properties located within the
corporate limits of the City of Iowa
City. Where another municipal
corporation has entered into a
contract with the City of Iowa City,
the rates provided for in such
contract shall prevail . For all
areas outside the corporate limits of
the City of Iowa City for which there
is no prevailing contract, the rate
shall be established as fifty (50)
percent above those provided in the
schedule of fees.
(c) The water rates and charges herein
established will be effective with
the billings sent after the effective
dates listed in the schedule of fees.
SECTION III. That Chapter 33 of the Code
of Ordinances of the City of Iowa City,
Iowa, be, and the same is hereby amended by
repealing Section 33-164, thereof, and
enacting in lieu thereof a new section to
be codified the same to read as follows:
Sec. 33-164. Temporary use during
construction.
(a) When temporary water service is
requested for a structure under
construction, the owner or contractor
shall pay a temporary fee based upon
the type of structure under
construction and the length of time
temporary water service is utilized,
It,
Ordinance No. 89-3415
Page 5
as set forth in the schedule of fees,
Section 32.1-73.
(b) If such rates are inadequate for the
amount of water to be used, the
department of public works may
establish higher rates for a
particular premises.
(c) The water used under this provision
may not be used to settle ditches or
irrigate lawns or gardens; and the
department of public works may
discontinue service to any owner or
contractor who has failed to pay for
water supplied or used contrary to
the provisions of this section.
SECTION IV. That Chapter 33 of the Code of
Ordinances of the City of Iowa City, Iowa,
be, and the same is hereby amended by
repealing Section 33-165, thereof, and
enacting in lieu thereof a new section to
be codified the same to read as follows:
Sec. 33-165. Direct purchase rates.
Water can be purchased at the water
pumping plant or at any other location that
may be designated by the department of
public works for that purpose. Water
purchased in tanks furnished by the
purchaser will be charged at the rate
provided therefore in the schedule of fees,
Section 32.1-73. The department of public
works will not be responsible for the
purity of water after it leaves the supply
line when it is delivered to the
purchaser's container.
SECTION V. That Chapter 33 of the Code of
Ordinances of the City of Iowa City, Iowa,
be, and the same is hereby amended by
repealing Section 33-169, thereof, and
enacting in lieu thereof a new section to
be codified the same to read as follows:
Sec. 33-169. Deposit upon establishment
of account; Deposit upon delinquency of
account; Fees and charges for consumer
services.
(a) Upon initial establishment of a
residential water service account, a
residential sewer service account,
and a residential solid waste
collection account, or any of these,
with the city, or upon re-
establishment of such accounts with
the city, the person establishing the
account shall be required to execute
/40
Ordinance No. 89-3415
Page 6
a service agreement and make a
combined account deposit before
commencement of city's service. The
amount of the deposit shall be as
provided in the schedule of fees,
Section 32.1-73.
Upon initial establishment of a
commercial water service account, or
a commercial sewer service account,
or either of these, with the city,
the person establishing the account
shall be required to execute a
service agreement and make a combined
account deposit before commencement
of the City's service. The amount of
the deposit shall be as provided in
the schedule of fees, Section 32.1-
73.
Deposit shall be held either until
three years after establishment of
the account, or until service is
terminated and the account closed,
whichever occurs first. At that
time, the amount of the deposit shall
be credited to the customer's
account.
(b) A delinquency deposit may be charged
upon repeated delinquency of any
water service account, sewer service
account, and/or residential solid
waste collection account. Upon the
occurrence of a delinquent water
service account, sewer service
account and/or residential solid
waste collection account resulting in
a second delinquency charge in a
calendar year, the consumer shall be
required to make a combined account
deposit which is equal to the average
two-month billing for their account.
The average two-month billing shall
be based upon the actual billings
during the prior twelve-month period.
If the consumer already has a
combined deposit being held, that
deposit amount shall be increased to
the proper amount for a delinquency
deposit.
Delinquency deposits shall be held
either one year after the
establishment date or one year after
the last occurrence of a charge for
a delinquent account, whichever
1!v
Ordinance No. 89-3415
Page 7
occurs last. The deposit shall be
released when service is terminated
and the account is closed. At that
time, the amount of the deposit shall
be credited to the customer's
account, or refunded if the account
is then paid up.
(c) Fees and charges for various consumer
services, including water main taps,
water main installation and
connection fees, and routine water
service procedures are hereby
established. Such fees and charges
shall be as set forth in the schedule
of fees, Section 32.1-73.
SECTION VI . That Chapter 33 of the Code of
Ordinances of the City of Iowa City, Iowa,
be, and the same is hereby amended by
enacting a new section to be codified as
Section 33-48 to read as follows:
Sec. 33-48. Deposit upon establishment
of account; deposit upon delinquency of
account.
(a) Upon initial establishment of a
residential water service account, a
residential sewer service account,
and a residential solid waste
collection account, or any of these,
with the city, or upon re-
establishment of such accounts with
the city, the person establishing the
account shall be required to execute
a service agreement and make a
combined account deposit before
commencement of city's service. The
amount of the deposit shall be as
provided in the schedule of fees,
Section 32.1-73.
Upon initial establishment of a
commercial water service account, or
a commercial sewer service account,
or either of these, with the city,
the person establishing the account
shall be required to execute a
service agreement and make a combined
account deposit before commencement
of the City's service. The amount of
the deposit shall be as provided in
the schedule of fees, Section 32.1-
73.
Deposit shall be held either until
three years after establishment of
the account, or until service is
ll'
Ordinance No. 89-3415
Page 8
terminated and the account closed,
whichever occurs first. At that
time, the amount of the deposit shall
be credited to the customer's
account.
(b) A delinquency deposit may be charged
upon repeated delinquency of any
water service account, sewer service
account, and/or residential solid
waste collection account. Upon the
occurrence of a delinquent water
service account, sewer service
account and/or residential solid
waste collection account resulting in
a second delinquency charge in a
calendar year, the consumer shall be
required to make a combined account
deposit which is equal to the average
two-month billing for their account.
The average two-month billing shall
be based upon the actual billings
during the prior twelve-month period.
If the consumer already has a
combined deposit being held, that
deposit amount shall be increased to
the proper amount for a delinquency
deposit.
Delinquency deposits shall be held
either one year after the
establishment date or one year after
the last occurrence of a charge for
a delinquent account, whichever
occurs last. The deposit shall be
released when service is terminated
and the account is closed. At that
time, the amount of the deposit shall
be credited to the customer's
account.
SECTION VII. That Chapter 33 of the Code
of Ordinances of the City of Iowa City,
Iowa, be, and the same is hereby amended by
enacting a new section, Section 33-156, to
read as follows:
Sec. 33-156. Removal of meters.
(a) Whenever a water meter is located in
premises that are to be remodeled,
removed, or destroyed, or where the
service is to be discontinued, the
owner of such premises shall give
notice in writing to the department
of public works requesting removal of
such meters and granting access
thereto to city personnel for that
Ordinance No. 89-3415
Page 9
purpose. The owner, or the owner's
authorized agent, shall be
responsible for the meter until such
written notice is given and the meter
is recovered. If the meter is
damaged, buried, or lost, the owner
shall be required to pay for the same
at cost less depreciation, and such
amount shall be charged to the
owner's water service account for
that property, or any other active
water service account in the owner's
name.
(b) Prior to removal of a second meter,
the plumbing shall be inspected by
the public works department (water
division) to verify that said
plumbing has been physically altered
so as to thereafter direct all water
through the primary meter.
SECTION VIII. That Chapter 33 of the Code
of Ordinances of the City of Iowa City,
Iowa, be, and the same is hereby amended by
enacting a new section, Section 33-167, to
read as follows:
Sec. 33-167. Fees and billing procedure
upon change in tenant account.
When a tenant notifies the city that
he/she is moving and no one has authorized
service to start for a new tenant, the city
shall automatically place the account into
the name of the owner/manager. Billings
generated during the first fifteen (15)
days, after which a rental property account
has been put into the owner's/manager's
name, shall include charges for actual
water usage only; no minimum charges or
refuse charges will be included. In such
instances, the meter(s) need not be
removed, and no reading fee shall be
charged on the automatic return to the
owner's/manager's name. When an
owner/manager receives a bill for water
usage, for the interim period between
tenants, he/she may determine that the bill
should be paid by the tenant and inform the
tenant of his/her responsibility to pay the
bill . Upon written notification from the
owner/agent, the city will transfer the
billed amount to the tenant's account.
SECTION IX. That Chapter 33 of the Code of
Ordinances of the City of Iowa City, Iowa,
be, and the same is hereby amended by
1(0
Ordinance No. 89-3415
Page 10
repealing subsections (d) and (e) of
Section 33-154, and by renaming said
Section as "Protection of Meters."
SECTION X. REPEALER: All ordinances and
parts of ordinances in conflict with the
provisions of this Ordinance are hereby
repealed. These are: (1) Ordinance No.
83-3142, §2D, 8-30-83; (2) Ordinance No.
87-3341, §§2, 3, 4 & 6, 9-8-87.
SECTION XI . SEVERABILITY CLAUSE: If any
of the provisions of this Ordinance are for
any reason declared illegal or void, then
the lawful provisions of this Ordinance,
which are severable from said unlawful
provisions, shall be and remain in full
force and effect, the same as if the
Ordinance contained no illegal or void
provisions.
SECTION XII. EFFECTIVE DATE: This
Ordinance shall be in full force and effect
from and after its final passage and
publication as by law provided.
Passed and approved this 16th day of
May, 1989.
fYOR
ATTEST: ,) 7e,04..)7e,0,
CIT`t CLERK
Awed as Form
c-7/a9/n
Legal Department
It was moved by Balmer and seconded by Courtney that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
First Consideration 5/2/89
Vote for passage: Ayes: Larson, McDonald, Ambrisco, Balmer,
Courtney, Horowitz, Kubby. Nays: None. Absent: None.
Second Consideration
Vote for passage:
Date published 5/24/89
Moved by Balmer, seconded by Larson, 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: Larson, McDonald, Ambrisco,
Balmer, Courtney, Horowitz, Kubby. Nays: None.
Absent: None.
CITY OF IOWA CITY
CMC CENTER 410 E. WASHINGTON ST. IOWA CI1Y, IOWA 52240 (319) 356-5000
•
STATE OF IOWA
SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3415 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
16th day of May , 1989 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 24th day of May , 1989
Dated at Iowa City, Iowa, this 5th day of June ,19 89 .
Wam na Parrott, Deputy City Clerk
/ 902-
ORDINANCE NO. v,7-'US -
such property is eligible for
AN ORDINANCE AMENDING CHAPTER 33 OF THE installation of a second meter, the
CODE OF ORDINANCES OF IHE CITY OF IOWA meter will be provided to the
CITY, IOWA, (1) BY REPEALING SECTIONS 33- property owner, or the owner's
149, 33-153, 33-164, 33-165, AND 33-169 plumbing contractor or authorized
THEREOF. AND ENACTING IN LIEU THEREOF NEW agent, upon payment of a non-
SECTIONS TO BE CODIFIED THE SAME, PROVIDING refundable second meter fee, as set
FOR (A) REVISIONS IN PROCEDURES FOR THE forth in the schedule of fees,
Published without Cit INSTALLATION OF PRIMARY AND SECOND WATER Section 32.1-73, and upon payment of
.y METERS, AND (B) REVISIONS. TO FEES FOR the meter deposit as provided in (a)
Clerk signature. Per SECOND WATER METERS, FOR WATER USE DURING above.
CONSTRUCTION, AND FOR DIRECT WATER A second meter, like the primary
City Atty. Timmins , certify PURCHASE; (2) BY ENACTING THREE NEW meter, must be valved on both the
from ordinance itself and SECTIONS TO BE CODIFIED AS SECTIONS 33-48, inlet and outlet sides. The second
73-156 AND 37-167, PROVIDING FOR (A) THE meter shall be installed with a
notroof. No need to ESTABLISHMENT OF A DELINQUENCY DEPOSIT FOR backflow preventer valve on the
p COMBINED WATER AND/OR SEWER AND/OR SOLID outlet if the plumbing does not
republish. WASTE COLLECTION ACCOUNTS, (B) CHANGES IN already include these valves on all
THE PROCEDURES FOR.REMOVAL OF WATER M ‘: hose bibs connected to the meter. A
I AND (C) SETT FORTH THE FEES AIID'NmR7NN , second meter must be installed in
I PROCEDURE t mmisE IN 1$ANA'tCOOMw IN 1 compliance with all other
A SEPARATE:- SECTION;'' ANO (3) BY requirements set forth in (a) above.
DELETING SIICTIONs (d) AND (e) FROM I A second meter shall not be
SECTION 33-1 DUE TO THE INCLUSION OF removed temporarily from service
THOSE PROVISIONS'IN OTHER SECTIONS. during winter months. To properly
remove a second meter, the plumbing
BE IT ORDAINED BY THE CITY COUNCIL OF THE must be physically restored so that
CITY OF IOWA CITY, IOWA: no jumper may be installed.
SECTION Ii. That Chapter 33 of the Code
Printer's fee S a SECTION 1. That Chapter 33 of the Code of of Ordinances of the City of Iowa City,
brdimanoes at the City of Iowa City, Iowa, Iowa, be, and the same is hereby amended by
CERTIFICATE OF PUBLICATION be, and the same is hereby amended by repealing Section 33-163, thereof, and
repealing Section 33-149, thereof, and enacting in lieu thereof a new section to
STATE OF IOWA, Johnson County, S5: enacting in lieu thereof a new section to ( be codified the same to read as follows:
be codified the same to read as follows: ' Sec. 33-163. Rates.
THE IOWA CITY PRESS-CITIZEN Sect. 33-149. Required metering of (a) All users of city water service shall
water use. be charged:
(a) Requirements for Installation of (1) A minimum monthly charge for
Water Meters. All water furnished to - the first two hundred (200)
the consumers shall be metered unless cubic feet, or less, of water
provided otherwise by ordinance. All usage, based on meter size, and
I meters and remote meter readers shall (2) A monthly charge on all hater
be furnished by the department of i used in excess of two hundred
Carol Barr, being duly sworn, say that I public works, but owner must provide I (200) cubic feet per•month, and
am the legal clerk of the IOWA CITY a suitable location and piping system (3) There will be no minimum
for same. The owner shall be monthly bill for a second water
PRESS-CITIZEN, a newspaper responsible for procuring the meter from November through
ublished in said count , and that a installation of each meter furnished March of each year for those
P y by the city on all new construction months during which no water is
notice, a printed copy of which is hereto or remodel work, which installation used.
attached, was published in said paper shall be performed by a licensed Said charges shall be for the
P P plumber ender a plumbing permit quantities of water used and shall be
____I___ time(s), on the following issued pursuant to Chapter B of the in the amount set forth in the
date(s): Code of Ordinances of the City of schedule of fees, Section 32.1-73.
Iowa City, Iowa. (Threw (b) The rates and charges herein
7/,',/
construction, the meter(s) shall be established and set forth in the
installed at the same time as, or no schedule of fees shall apply only to
/ /�" later than the installation of, the properties located within the
plumbing fixtures. The meter(s) corporate limits of the City of Iowa
shall be installed in a location City. Where another municipal
which provides the same access and corporation has entered into a
//�//7� working space which as required for contract with the City of Iowa City,
/ 2:0A 1 4e4A _d water heaters, as provided in Chapter the rates provided for in such
8 of the Code of Ordinances of the contract shall prevail. For all
Legal Clerk City of Iowa City, Iowa. The supply areas outside the corporate limits of
or "in" side of the piping- and the City of Iowa City for which there
valuing shall be marked with a tag at is no prevailing contract, the rate
Subscribed and sworn to before me
the meter location. The owner shall shall be established as fifty (SO)
provide and install conduit (I inch percent above those provided in the
minimum size) and wire for a remote schedule of fees.
meter reader. For multiple meter (c) The water rates and charges herein
iestablished will be effective with
this/Ad-day Ofillk - .D. settings,.the owner shall label the
individual'wires to correspond the billings sent after the effective
dand dates listed to the schedule of fees.
Ra proper meter inside. The meter the 9 wire installation must comply with SECTION III. That Chapter of the Code
19 1 _f City specifications. of Ordinances of the City of Iowa City,
Upon completion of the Iowa, be, and the same is hereby amended by
installation of the meter(s) and repealing Section 33-164, thereof, and
1:I • related piping. the owner, or the enacting in lieu thereof a new section to
owner's plumbing contractor or be codified the same to read as follows;
Notary Public authorized agent, shall arrange, by Sec. 33-164. Temporary use during
appointment, for a field test and construction.
verification that each meter and (a) When temporary water service is
$)in meter reader is operating properly. requested for a structure under
Hula q,7t)apconstruction, the owner or contractor
..S The public works department (water
+..�Ey
division)the heowo
will meet withthe owner, shall pay a temporary fee based upon
or owner's plumbing contractor the type of structure under
authorized agent to verify that the construction and the length of time
installation is correct and to temporary water service is utilized, 1
instal the account number. as set forth in the schedule of fees,
Piping systems shall be so Section 32.1-73.
constructed and the meters so placed (b) If such rates are inadequate for the
that all water to be used in or about amount of water to be used, the
the premises shall pass through the department of public works may
water meter(s). The owner shall be establish higher rates for a
responsible for compliance with this particular premises.
provision and shall be liable for (c) The water used under this provision
payment of water used in violation may not be used to settle ditches or
hereof. irrigate lawns or gardens; and the
A meter deposit, in the amount set department of public works may
forth in the schedule of fees, discontinue service to any owner or
Section 32.1-73, will be required for contractor who has failed to pay for
each meter provided by the City. water supplied or used contrary to
Upon proper completion of the the provisions of this section.
installation of the meter, a refund SECTION IV. That Chapter 39 of the Code of
will be given to the person making Ordinances of the City of Iowa City, Iona,
the deposit. be, and the same is hereby amended by
(b) Requirements for Installation of a "Pealing Sejcjt�ilorn 33-165, thereof, and
' Second Meter. A second meter is any M 'eldji pp./ so l atom to
meter which measures water use which Sac33-165 Direct ,Vales.
does not discharge into the City's Water can be purchased- water
sanitary sewer system or require
- treatment at the Gewage treatment pumping plant or at any other >Nee that
plant, ouch astrrUStnl, air may be designated by the de nt of
conditioning; awfpetne.peohs dr the public works for that purees Water
like. purchased in tanks furnish by the
A property�'liirer with an existing purchaser will be charged atatiw rate
water service account may apply to provided therefore in the schslale'af fees.
the public works department (water Section 32.1-73. The OepartNlNt of public
division) for a second meter. If the works will not be responsible for the
finance department determines that purity of water after it leans the supply
line when it is delivered to the
purchaser's container.
(yy,C - u . ._. . -
c.7. az
T
'SECTION V. That Chapter 33 of the Code of be,and the same is hereby amended by of public works reque;ting removal of
Ordinances of the City of Iowa City. Iowa, enacting a new section to be codified as such meters end granting access
k, and the same is hereby amended by Section 33-48 to read as follows: thereto to city personnel for that I
repealing Section 33-169, thereof, and i Sec. 33-48. Deposit upon establishment
i purpose. The owner, or the owner
enacting in lieu thereof a new section to of account; deposit upon delinquency of 's
authorized agent, shall be '
tie codified the same to read as follows: account- responsible for the meter until such
,Sec.33-166, Deposit upon establishment (a) Upon initial establishment of a written notice is given and the meter
ef-accoont Deposit upon deliequency of residential water service account, a is recovered. If the meter is
accent; Feet and charges fem.consumer ' residential sewer service account, damaged, buried, or lost, the owner
lurches;. ,I and d residential solid waste
(a) Upon initial establishment of a collection account, or any of these, shall be required to pay for the same
residential water service'account, a with the city, or upon re- at cost less depreciation. and such
residential sewer service, account, establishment of such accounts with amount shall be charged to the
and a residential solid waste the city, the person establishing the owner's water service account for
collection account, or any of these, ' account shall be required to execute that property, or any other active
i - with the city, or upon re- a service agreement and make a water service account in the owner's
establishment of such accounts with combined account deposit' before ' name.
the city, the person establishing the commencement of city's service. The (b) prior to removal of a second meter,
account shall be required to execute ' amount of the deposit shall be as the plumbing shall be inspected by
a service agreement and make a provided the schedule of fees, division) to verify that said
combined account deposit before Section the public works department (water
32.1-73. plumbing has been physically altered
commen<emenb o4 city's service. The Upon initial establishment of a so as to thereafter direct all water
stall be as
amount of the deposit commercial water service account, or
II Uthrough the primary motor.
provided . the schedule of fees, a commercial sewer service account, SECTION VIII. That Chapter 33 of the Code
Section 3initia. or either of these, withgthe city, i of Ordinances of the City of Iowa City,
Upon initial establishment of a the person requbredhito the account
commercial water service-Account, orshall be required to execute a Iowa, be, and the same is hereby amended by
a commercial sewer servie account, I service agreement and make a combined enacting a new section, Section 33-167, to
or either of these, with the City, account deposit before commencement read as follows:
of the City'sSec. 33-161. Fees and billing procedure
the person establishing.L'he account service, The amount of change in tenant account.
shall be reeuired to execute a - the deposit shall be as provided in When a tenant notifies the city that
service agreement and make a combined the schedule of fees, Section 32.1• he/she is moving and no one has authorized
account deposit before The amount
73.
of the City's service. sided of Deposit shall be held either until service to start for a new tenant, the city
Y' shall automatically place the account into
the deposit shall be at Staten
3d in three years after establishment of the name of the owner/manager. Billings
the schedule of lett', Section 32.1- the account, or until service is
generated during the first fifteen (15)
73. - Whichever
and the account. closed, days. puri in a rental property' account'
Deposit shall be)Mid eithert until tmethr occurs first. At that has been into the owner's/manager's
three years after ntservice of time, the amount of the deposit shall name, s shall include charges for actual
the account, or until service is be credited to the customer's water usage only; no minimum charges or
terminated and the account closed, account. refuse charges will included. In such
whichever ounts first.d it that (b) A delinquency deposit may be charged instances, the meter(s) need not be
time, the amount of tth,depcus[shall upon repeated delinquency of any removed, and no reading fee shall De
be credited to the. customer's water service account, sewer service
account. account, and/or residential owner's/manager's name. When an
IS) A delinquency deposit may be charged waste collection account. Upon the charged on the automatic return to the
the owner/manager receives a bill for water
upon repeated delinquency df any occurrence of a delinquent water usage, for the interim period between
water service account, sewer service service account, sewer service tenants, he/she may determine that the bill ,
account, and/or residential solid account and/or residential solid should be paid by the tenant and inform the
waste collection adcount. Upon the . waste collection account resulting in tenant of his/her responsibility to pay the
occurrence of a delinquent water a second delinquency charge in abill. Upon written notification from the
' service account, sewer service calendar year, the consumer shall be
owner/agent, the city will transfer the
account and/or residential solid required to make a combined account, billed amount to the tenant's account.
waste collection uenc met resulting in deposit which is equal to the average, SECTION IX. That.Chapter 33 of the Code of ,
a second delinquency charge in bea two-month billing for their account. Ordinances of the City of Iowa City, Iowa,
' calendar year, the consumer shall The average. two-month Wiling shall be, and the same is hereby amended by
required to make a combined account be based upon the actual billings repealing subsections (d) and (e) of
deposit which is.equal to the average during the prior twelve-month period. Section 33-154, and by renaming said
' two-month billing for their account.- If the consumer already has a Section as "protection of Meters."
The average two-month billing shall ' combined deposit being held, that SECTION X. REPEALER: All ordinances and
be based upon the -actual billings deposit amount shall be increased to parts of ordinances-in conflict with the
during the prior twelve-month period. the proper amount for a delin uenc
�. If the consumer already has a depostL. q y provisions of this Ordinance are hereby
These are: (1) Ordinance No.
embined deposit being held, that Delinquency deposits shall be held repealed.83-3142, §20, 8-30-83; (2) Ordinance No,
deposit amount shall be to either one year after the 87-3341, §§2. 3, 4 I. 6, 9.8-87.
' the proper amount for a delinquency establishment date or one year after SECTION XI. SEVEthisy CLAUSE: If any
deposit. the last occurrence of a charge for 'of the SEs ofle Ordinance are for
Delinquency deposits shall be held I a delinquent account, whichever any reason declared illegal or void, then
either one year -after the occurs last. The deposit shall be the lawful provisions of this Ordinance,
establishment date or one year after released when service is terminated which are severable from said unlnlawful
the last occurrence of a charge for and the account is closed. At that provisions, shall be and remain full
i a delinquent account, .whichever time, the amount of the deposit shall force and effect, the same as if the
occurs last. The deposit shell. be ' be credited to the customer's Ordinance contained noillegal or void
released when service is terminated ' account. provisions.
and the account is closed. At that SECTION VII. That Chapter 33 of the Code SECTION XII. EFFECTIVE DATE: This
time, the amount of the deposit shall of Ordinances of the City of Iowa City, Ordinance shall be in full force and effect
be credited to the customer's Iowa, be, and the same is hereby amended by from and after its final passage and
account, or refunded if the account enacting a new section, Section 33-156, to publication as by 10provided.
is then paid up. read as follows: Passed and approved this loth day of
(c) Fees,and charges for various consumer Sec. 33-156., Removal of meters. Ma , 1959.
, services, including water main taps, (a) Whenever a water meter is located in
water main installation and premises that are to be remodeled,
connection fees, and routine water removed, or destroyed, or where the g
service procedures are hereby service is to be discontinued, the yOR
established. Such fees and charges owner of such premises shall give
shall bo as set forth in the schedule notice in writing to the department
of fees, Section 32.1-13. 30166 May 24.1989 '
SECTION VI.. That Chapter 33 of the Code off'
Ordinances of the City of Iowa City, Iowa,
cc � k
ORDINANCE NO. 89-3416
ORDINANCE APPROVING THE AMENDED PRELIMINARY
PLANNED DEVELOPMENT HOUSING (PDH) PLAN FOR
SUMMIT PLACE LOCATED AT THE SOUTHEAST CORNER
OF THE INTERSECTION OF KIRKWOOD AVENUE AND
MARCY STREET, IOWA CITY, IOWA.
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, THAT:
SECTION I. APPROVAL. Subject to the terms and conditions
of the attached ancillary Agreement, the Amended Preliminary
PDH Plan for Summit Place, and legally described in
Attachment A, is hereby approved. The Amended Plan is
approved under the present PDH-5 zoning classification of the
property.
SECTION II. VARIATIONS. Section 36-47(a) of the Zoning
Ordinance permits flexibility in the use and development of
structures and land where such variations from the
conventional requirements of the underlying zone will not be
contrary to the purpose and intent of the Zoning Ordinance,
not be inconsistent with the Comprehensive Plan, nor be
harmful to the neighborhood in which located. The following
variations are found to be consistent with these standards and
are approved as a part of this Plan. The variations permit:
A. Seven (7) condominium units arranged in three (3) unit
and four (4) unit dwellings. The dwellings are located
on the portions of the site more suitable for
development, which results in conservation of open
space and preservation of existing tree stock. Various
methods have been employed to integrate the project
into the neighborhood, and Includes fences of a
residential scale and design; vegetative screening;
preservation of existing mature tree stock; and
incorporating a staggered design of the four (4) unit
dwelling oriented onto Marcy Street to soften the visual
effect of the dwelling.
B. Restoration of the existing brick and iron fence on
Kirkwood Avenue and construction of a similar brick
and iron fence on Marcy Street. Both fences will not
exceed a height of seven (7) feet, and are permitted to
be located on the rights-of-way line of Kirkwood
Avenue and Marcy Street. The proposed design will
not impair visibility of traffic approaching the Kirkwood
Avenue/Marcy Street intersection,nor the visibility of the
sidewalk for traffic entering or leaving the development
via the private drive on Marcy Street. Retention of the
brick and Iron fence is favored by adjoining property
owners, and will lessen the Impact of the proposed
development on the surrounding neighborhood.
C. Reduction of pavement width and design standard from
a 28-foot wide curb and gutter public street to a 22-
foot wide non-curb and gutter private drive. The
reduced pavement width and design standard allows
for the safe and efficient movement of traffic within this
small, non-through street development. The width and
alignment of the drive is Intended to minimize the loss
of existing on-site tree stock without sacrificing traffic
safety. With the three (3) unit dwelling equipped with
a fire sprinkling system, the width and design of the
private drive Is adequate for emergency vehicle access.
)el
Ordinance No. 89-3416
Page 2
D. No internal sidewalks. Due to the small scale of this
development and its compact arrangement, sidewalks
are not regarded as necessary. The limited amount of
traffic anticipated on the private drive, on which no
parking is permitted, together with the availability and
accessibility of common open space within the
development, may serve as alternatives to the use of
sidewalks. Sidewalks presently exist adjacent to the
development within the Kirkwood Avenue/Marcy Street
right-of-way.
SECTION III. AGREEMENT. The Mayor is hereby authorized
and directed to sign, and the City Clerk to attest, the attached
Agreement.
SECTION IV. REPEALER. All ordinances and parts of
ordinances in conflict with the provisions of this Ordinance are
hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part
of the Ordinance shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity
of the Ordinance as a whole or any section, provision or part
thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in
effect after its final passage, approval and publication as
required by law, and shall be recorded in the Johnson County
Recorder's Office.
Passed and approved this 13th day of June,
P:9.
"YOR
ATTEST: /i txxim.c) `tC `r�a
• a)
CITY CL K
Approved as to Form
77
La-
L.-gal
- �-"7
L:gal Department
//— /99
� 1
I
It was moved by Balmer and seconded by Ambrisco that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
First Consideration 5/30/89
Vote for passage: Ayes: Kubby, Larson, McDonald, Ambrisco,
Balmer, Courtney, Horowitz. Nays: None. Absent: None.
Second Consideration
Vote for passage:
Date published 6/21/89
Moved by Balmer, seconded by Ambrisco, 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 to voted upon for final passage
at this time. Ayes: Balmer, Courtney, Kubby, Larson,
McDonald, Ambrisco. Nays: Horowitz. Absent: None.
17
ATTACHMENT A
LEGAL DESCRIPTION
Beginning at a found pin at the intersection of the South line of Kirkwood
Avenue, and the East Line of Marcy Street in Iowa City, Iowa, which is the
Northwest Corner of Lot 5, as Recorded in Plat Book 2, Page 36, Johnson
County Recorder's Office, Johnson County, Iowa; Thence N90°00'00"E, (An
Assumed Bearing for the purpose of this Description) along the South Line
of said Kirkwood Avenue, 246.01 feet, to the East face of a Brick Column;
Thence S1°45' 11"W, parallel with said Marcy Street, 463.05 feet to a found
Pipe; Thence N90°00'00"W, 39.34 feet to a found pin; Thence N2°24'00"E,
28.95 feet; Thence N90°00'00"W, 17.00 feet; Thence N1°45'11"E, 120.00 feet;
Thence N90°00'00"W, 90.00 feet; Thence N1°45'11"E, 120.50 feet; Thence
N90°00'00"W, 100.00 feet to a found Pipe on the East Line of said Marcy Street;
Thence N1°45'11"E, along the East Line of said Marcy Street, 193.61 feet to
the Point of Beginning. Said tract of land contains 1.68 acres more or less,
and subject to easements and restrictions of record.
• 1"1
ANCILLARY AGREEMENT - SUMMIT PLACE
This Agreement is entered into between the City of Iowa City, Iowa, a municipal
corporation ("City") and Dean G. Oakes and Evelyn M. Oakes, husband and wife
(hereinafter "Oakes") .
WHEREAS, Oakes is the owner of a 1.69 acre parcel of land located at the
southeast corner of the intersection of Kirkwood Avenue and Marcy Street in Iowa
City, Iowa; and
WHEREAS, Oakes has requested approval of an amendment to the Preliminary Planned
Development Housing (PDH) Plan, in order to develop the property for a seven-
unit condominium known as Summit Place (hereafter "Project Site") ; and
WHEREAS, the Project Site is an historically significant area, and is located
in close proximity to the Summit Street Historic Preservation District; and
WHEREAS, the surrounding neighborhood has requested that the owner of the Project
Site dedicate certain portions of the property to the public, in order to inform
the citizenry as to the historic value of the Project Site; and
WHEREAS, after public hearing, the Iowa City Planning and Zoning Commission
("Commission") recommended approval of the Amended Plan, subject to an ancillary
agreement addressing these historic concerns; and
WHEREAS, Oakes has agreed to certain of these requests, to be memorialized herein
and become part of the Amended Preliminary PDH Plan.
17
2
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Oakes is the owner of a 1.69 acre parcel of land located at the
intersection of Kirkwood Avenue and Marcy Street in Iowa City, Iowa, known
as 925 Kirkwood and presently zoned PDH-5, with a PDH overlay pursuant to
Section 36-47, Iowa City Code of Ordinances.
2. Oakes has requested and received approval from the Commission of an
Amendment to the previously approved Preliminary PDH Plan, to be known as
Summit Place subject to the inclusion of certain conditions noted herein.
3. Parties agree this Ancillary Agreement does not constitute a conditional
zoning agreement under Chapter 414, Iowa Code, and is being entered into
herein for a legitimate, mutually beneficial public purpose to educate the
citizenry of Iowa City, Iowa on the historically significant area of the
Project Site along Kirkwood Avenue.
4. To this end, Oakes agrees to cause the Plaque to be mounted on the brick
wall adjacent to the Project Site, which Plaque and mounting shall be
dedicated to the public in order to inform the citizenry of Iowa City,
Iowa, of the historic value of the project site.
5. Parties agree the design, content and placement of the Plaque will be
referred to the Iowa City Historic Preservation Commission for review,
concurrence and approval .
l7
3
6. Parties agree funding for the Plaque will be privately provided and will
not obligate the City in any way. However, Parties further agree this
Ancillary Agreement shall not preclude the City from contributing to such
Plaque fund, if properly requested and granted.
7. Maintenance of the plaque, after mounting, shall be the responsibility of
the City.
8. Oakes further agrees to grant a permanent easement to the City of Iowa City
for use of a portion of the Project Site, the location of which easement
shall be as close to the sidewalk fronting Kirkwood Avenue as possible.
Parties further agree the easement location will be designated originally
by Oakes subject to the approval of the City. Parties further agree that
use of this perpetual easement will be for placement and use of a City park
bench, and that the easement and bench shall be for the purpose of
informing the public of the Project Site as an historically significant
area, and will be dedicated to the public's use and enjoyment.
9. City agrees to provide the park bench for placement on the permanent
easement, and Oakes agrees to furnish and construct the concrete pad on
which the bench will rest, which pad will be 8 foot by 3 foot in size.
The park bench area and easement will thereafter be maintained by the Iowa
City Parks and Recreation Department.
10. Parties agree that this Ancillary Agreement shall inure to the benefit of
the Parties' successors in interest and assigns, and that this Agreement
17
4
shall be deemed a covenant running with the land, to be recorded in the
Johnson County Recorder's Office.
11. Parties each agree to hold the other Party harmless from the negligent act
and omissions of their own representatives, agents, assigns, employees
and/or officials. Parties further agree they shall assume responsibility
for their own employees' , officials', agents', representatives' and
assigns' negligence.
12. Parties further agree that the mutual covenants and promises herein shall
constitute consideration for this Agreement; that no new class of third-
party beneficiaries are hereby created; and that this writing shall
constitute the entire Agreement, subject to the subsequent satisfaction
of the terms and conditions herein, inter alia, of construction of the
Plaque mounting, granting of a perpetual easement, and placement of the
park bench.
Dated this 13th day of June, 1989.
CITY OF IOWA CITY OWN
By: 1. / a as
olo'ayor Dean G. Oakes
ATTEST: �"}jQ, ;t q{, 4 4 �
City-Clerk Evely . Oakes
5
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 13th day of June , 19 89 , before me,
Gina M. Heick , a Notary Public in and for the State of
Iowa, personally appeared John McDonald and Marian K. Karr, to me personally
known, and, who, being by me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to
the foregoing instrument is the corporate seal of the corporation, and that the
instrument was signed and sealed on behalf of the corporation, by authority of
its City Council , as contained in (Ordinance) (Omaltddet0 No. 89-3416
passed ( by the City Council, under Roll Call No.
of the City Council on the 13th day of June
19 89 , and that John McDonald and Marian K. Karr acknowledged the execution
of the instrument to be their voluntary act and deed and the voluntary act and
deed of the corporation, by it voluntarily executed.
Notary Public in and for State of Iowa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this �J' day of d , 19M , before me, the
undersigned, Notaryop�� anllfor ai C nt in said State, person, tome ally
appeared ✓�� aM µ (/
to be the identical person(s) named in d wh executed the within and foregoing
instrument, and acknowledged that they executed the same as their voluntary act
and deed.
Ade
IMPS
I �� t
;��,��!!�
mum ItIMP � Notar ubl 'c in and for ;Orate if Iowa
:.j3 M'�Septemx{ 1'r
LEGAL DEPARTMENT
6- . e7
17
CITY OF IOWA CITY
CMC CENTER 410 E. WASHINGTON ST. IOWA 0I1Y, IOWA 52240 (319) 356-5000
STATE OF IOWA
) SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3416 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
13th day of June , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 21st day of June , 19 89
Dated at Iowa City, Iowa, this 29thday of June ,1989
Ram na Parrott, Deputy City Clerk
V •wn -
OFFICIAL PUBLICATION
ORDINANCE NO. 89-3416
ORTMNANCE APPROVING THE AMENDED PRELIMINARY
PLANNED DEVELOPMENT HOUSING (PDH) PUN FOR
SUMMIT PLACE LOCATED AT THE SOUTHEAST CORNER I
OF THE INTERSECTION OF KIRKWOOD AVMS AND I
MARCY STREET,IOWA CITY,IOWA I
BE IT ORDAINED BY THE CRY COUNCIL OF IOWA CITY,,
IOWA THAT:
§E!IaNI APPROVAL. Sign w Moe twin at wnabel
of We excelled ewNy Ago/smart the Ameded Parwry I
Pow Plan for Sana Paco and log* nand In,
Aeaamera A Y heletw sppreed. The Amended Ran II
approved under the pen PONS zoning aratkion ante
ppery,
6ECTION 11. VARIATION$. Sealer,3647(a)bite Zmng
Orate ice perm hexing In the use end davenport d
names and Ind wire end nano horn the'
eoinicne requirements a the undrlyig zone we not be
cony to me purpose and wend me Zang adran l
ror be InwniSea wen the ComprellaWe Pin nor b!
to the neighborhood hi win loaded. The idlong
are found to be caWsra"er mese stands and!
we Ngwwed se•pad the Pam The vertebra pan: I
A Sawn(IT ew,dlnWlum an aanpa hi naw(3)until
P M bin(4)unit Owens. The avenge are located
oil me portions Cl ore Me em sWaa fan
development,with results In wnenaen a perk
apace and preservation a ening tree stoat Vann!
methods have bee employed to integrals ted pope
leo the nelghdanddd• at Includes ansa a al
Wean awe and deegn: vearhe awwEig
preSerValich sock and'
staring
ng.sagednista
ame tour(4)toow.
Oweleq nen]opo Marcy Same to;Olen the dual
sea a the dwelling.
B. Restoration Cl the existing Oda and Iron lance on
Plywood Avenue std construction a a similes trick
e nd Yon term on Marcy Sneer Bion fences vel not
/need a avian Cl veva(I7 Net and we permitted to
be lowed a to righted-way tie a Klawood
Avenue and Marcy epee The proposed design cup
no.Impair dairy a back appoecap the Kirkwood
Avenue/Malty Street HaMdlon,nate viably d me
etdewea b halo easing or Meng the development
w the payee*eon Merry Seem teat a ie
blot and Ica Wpm N Mooned by adpiing progeny,
owners,and we awn n boat Cl me proposal
dawIprere on the immure*neighborhood
C. Medana paverera won Ml designeSimard mrd Iran
a ES-lod wide curb and OURS PUNIC roe to•II=
toot wide nancuib end gutter pare drive. Tho
reduced pavement MOM and design ardad awe
for the uta ad efficient TOMOS"Cl SC win this
esu,nardwoulh sheet development Te wah and
apnea at the arm le Mendel to nedhreze me les
Cl eating cede n e Mode woad aaAtohlg Indic
aa1Ny. Wan Me three(3)un diming quipped with
a fire spending system,the nth end design a Me
• pen dies Y/dog aata regency vawle access.
0. No lams earns Due to me area rine a da
development ed Its cameo amalamer6 edewalo
Me Moa regarded en necessary. The tented and c
odic anktpern!on the pile ala.on we*n
prkh g b proved.SOLOS with the wMabey w
accealteny a common open pace wen m
dweomnere,may serve se Memnon to the i.e
.dawn SdewMY presently ads sgacr1 to On
dwyopnwa wen the larkwxd AvenueNery Sri
°gid+va1.
SECTON 111 AGREEMENT. The Marr le Irby aaprua
and directed to sign,ad Me Cry Glen to amen Me retie
—n !
��QQryry'' 6ECTIDN N. REPEALER. M4 C nlentee rd Perm a
Printer's fee$I.9_L
ordinancesb can well the proviione a this Genn r
hen repealed
Sr-Cf1ON V SEVERABtUrn a ry sedtot reason ape
the Ordinance shell to levalm F
CERTIFICATE OF PUBLICATION u sun,susaaaiaa'ean on shamnotWed He vent
M the
STATE OF IOWA, Johnson County, ss: Men na�adajudgedMMIorunwnsnon& I
THE IOWA CITY PRESS-CITIZEN wee, WWI
EMS p age. a TowOad polio nal
rguk Mr as Iver hall to, eprwa he r'eonlCn
Reccda a law.end ahabrwdedInnJolwed,Gari
RePorders Moe.
Passed and approved tln 13th day of June, •
1989.
lesearelle
I, ore
Carol Barr, being duly sworn, say that I
am the legal clerk of the IOWA CITY _— - -_
PRESS-CITIZEN, a newspaper • OFFICIAL PUBLICATION R"^ Thr K" ' �' '"I
Cpublished in said county, and that a
- ATTACHMENT A
notice, a printed copy of which is hereto
attacked, was published in said paper LEGAL DESCRIPTION
time(s), on the following
date(s):
SIA 14 q Q Q 9 Beginning at a found pin at the intersection of the South line of Kirkwood
rT ( f l fl J Avenue, and the East Line of Marcy Street in Iowa City, Iowa, which is the
Northwest Corner of Lot 5, as Recorded in Plat Book 2, Page 36. Johnson
County Recorder's Office, Johnson County, Iowa; Thence N90°00'00"E, (An
Assumed Bearing for the purpose of this Description) along the South Line
of said Kirkwood Avenue, 246.01 feet, to the East face of a Brick Column;
Thence S1°45'11"W, parallel with said Marcy Street, 463.05 feet to a found
Pipe; Thence N90°00'00"W, 39.34 feet to a found pin; Thence N2024100"E,
Legal Clerk 28.95 feet; Thence N90°00'00"W, 17.00 feet; Thence N1945'11"E, 120.00 feet;
Thence N90°00'00°W, 90.00 feet; Thence N1°45'11"E, 120.50 feet; Thence
N90°00'001W, 100.00 feet to a found Pipe on the East Line of said Marcy Street; I
Subscribed and sworn to before me Thence N1°45111"E, along the East Line of said Marcy Street, 193.61 feet to
the Point of Beginning. Said tract of land contains 1.68 acres more or less, '
and subject to easements and restrictions of record.
thi0_ ay ofA.D.
•
19S4t �J�Mt-'[�J ANCILLARY AGREEMENT SUMMIT PLACE
a
Notary Public.
F, � This Agreement is entered into between the City of Iowa City. Iowa, a municipals
o`r er SHARON STUBBS corporation ('City') and Dean G. Oakes and Evelyn N. Oakes, husband and wife'
— - - (hereinafter 'Oakes').
• I
WHEREAS, Oakes is the owner of a 1.69 acre parcel of land located at the!
p"-arc, u e — ✓T' o
OFFICIAL PUBLICATION OFFICIAL PUBLICATION
;southeast corner of the intersection of Kirkwood Avenue and Marcy Street in low
City, Iowa; and
WHEREAS, Oakes has requested approval of an amendment to the Preliminary Planned
Development Housing (PDH) Plan, in order to develop the property for a seven-
unit condominium known as Summit Place' (hereafter 'Project Site'); and
WHEREAS, the Project Site Is an historically significant area, and is located ,
; in close proximity to the Summit Street Historic Preservation District; and
WHEREAS, the surrounding neighborhood has requested that the owner of the Project.
1 Site dedicate certain portions of the property to the public, in order to inform
the citizenry as to the historic value of the Project Site; and
WHEREAS, after public hearing, the Iowa City Planning and Zoning Commission
I. ('Commission'),recoumended approval of the Amended.Plan, subject to an ancillary
'agreement addressing these historic concerns; and
WHEREAS, Oakes has agreed to certain of these requests, to be memorialized herein
and become part of the Amended Preliminary PDH Plan.
I NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Oakes is the owner of a 1.69 acre parcel of land located at the
intersection of Kirkwood Avenue.and Marcy Street in Iowa City, Iowa, known
as 925 Kirkwood and presently zoned PDH-5, with a PDH overlay pursuant to
Section 36;47, Iowa City Code of Ordinances.
2. Oakes hasrequested and received approval from the Commission of an -
Amendment to the previously approved Preliminary PON Plan, to be known as
Summit.Place subject to the inclusion of certain conditions noted herein.
3. Parties agree this Ancillary Agreement does not constitute a conditional
zoning agreement under Chapter 414, Iowa Code, and is being entered into
herein for a legitimate, mutually beneficial public purpose to educate the '
citizenry of Iowa City, Iowa on the historically significant area of the
Project Site along Kirkwood Avenue.
4. To this end, Oakes agrees to Cause.the Plaque to be mounted on the brick
wall adjacent to the Project Site, which Plaque and mounting shall be
dedicated to the public in order to inform the citizenry of Iowa City,
Iowa, of the historic value of the project site.
5. Parties agree the design, content and placement of- the Plaque will be
referred to the Iowa City Historic Preservation Commission for review,
concurrence and approval.
6. Parties agree funding for the Plaque will be privately provided and will
notobligate the City in anyway. However, Parties further agree this
Ancillary Agreement shall not preclude the City from contributing to such
- Plaque fund, if properly requested and granted.
7. Maintenance of the plaque, after mounting, shall be the responsibility of
the City. __
393
8. Oakes further agrees to grant a permanent easement to the City of Iowa City
for use of a portion of the Project Site, the location of which easement—
shall be as close to the sidewalk fronting Kirkwood Avenue as possible.
Parties further agree the easement location will be designated originally
by Oakes subject to the approval of the City. Parties further agree that
use of this perpetual easement will be for placement and useof a City park
bench, and that the easement and bench shall be for the purpose of
informing the public of the Project Site as an historically significant
area, and will be dedicated to the public's use and enjoyment.
.9. City agrees to provide the park bench for placement on the permanent
easement, and Oakes agrees to furnish and construct the concrete pad on
which the bench will rest, which pad will be 8 foot by 3 foot in size.
The park bench area and easement will thereafter be maintained by the Iowa
City Parks and Recreation Department.
10.' Parties agree that this Ancillary Agreement shall inure to the benefit of
the Parties' successors in interest and assigns, and that this Agreement
shall be deemed a covenant running with the land, to be recorded in the
Johnson County Recorder's Office.
11. Parties each agree to hold the other Party harmless from the negligentact
and omissions of their own representatives, agents, assigns, employees
and/or officials. Parties further agree they shall assume responsibility
for their own employees', officials', agents', representatives' and
assigns' negligence.
12. Parties further agree that the mutual covenants and promises herein shall
constitute consideration for this Agreement; that no new class of third-
party beneficiaries are hereby created; and that this writing shall
constitute the entire Agreement, subject to the subsequent satisfaction
of the terms and conditions herein, inter alia, of construction of the
Plaque mounting, granting of a perpetual easedent,'and placement of the '
park bench.
!Dated this 13th day of June, 1989.
� r CITY OF IOWA CITY
By: 1,11,
lean oa es
,ATTEST: n
L er •
Eve yn . Oakes
30730 _,—,__ June 21.1989____
CV--4.-Te- 0 of - --vr I
/5 /
•
.. OFFICIAL PUBLICATION OFFICIAL PUBLICATION ,
ORDINANCE NO, 84-34 _ west line;
thence $ 9.15'50' W - 80.87 feet
AN ORDINANCE AMENDING THEZOI4IN6 ORDINANCE along said line; thence S 0.44'59' E
BY CHANGING THE USE REGULATIONS OF CERTAIN - 80.87 feet along said west line;
PROPERTY GENERALLY LOCATED SOUTH Of HILLTOP thence S 10.45'48' E - 80.87 feet
MOBILE HOME PARK AND WEST OF EXISTING along said west line; thence S
PEPPERWOOD ADDITIONS DEVELOPMENT OP 20.46'37' E - 80.87 feet along said
T nn SANWSKY AND PEPPER DRIVES EXTENDED FROM west line; thence S 30.38'09 E •
ID-PM TO RS-5. 80.87 feet along said west. line;
„ iWHEREAS, the entire parcel described in thence S 37.33'40' E - 152.21 feet
Printer's fee 8/6-70r 6 - 'detail below is adjacent to properties along said west line;
zoned RS-5, which have developed for low thence S 66.42'01" E - 96.62 feet
density, single-family residential along said west line to a Point on
CERTIFICATE OF PUBLICATION purposes: and the west line of Pepperwood, Part 7
WHEREAL, the easterly part of this entire as recorded in Plat Book 25, Page 10,
STATE OF IOWA, Johnson County, ss: parcel is zoned RS-5, but the remaining Johnson County Recorder's Office;
approximately 10 acres on the westerly9 thence S 0.00'43" W - 120.00 feet
THE IOWA CITY PRESS-CITIZEN portion of this parcel was zoned RD-RM, along said west line; thence N
Interim Development Multi-Family 89.59'I7" W - 34.00 feet along said
Residential in order to permit development west line; thence S 0.00'43' W -
"of lower cost owner-occupied housing 173.28 feet.along said west line'to
.0 "when municipal infrastructure and services the southwest corner of said
I i+s•become available; and 89,59'17'1Pepperwood,
-Part
7;fthence N
WHEREAS, adjacent property has now
Carol Barr, being duly sworn, say that I developed8.05''1" E • 524 feet;
for lower cost owner-occupied thence northeasterly 892.41 feet
housi n9; and along a 750 foot radius curve concave
am the legal clerk of the IOWA CITY WHEREAS, the entire parcel described
PRESS-CITIZEN, a newspaper below is contiguous to existing residential
southeasterly which chord bears N
development and may now be sewered via 34.05'58" E - 840.69 feet to a point
published in said county, and that a extensions of the sewer system serving on the south line of part 3,
notice, a printed copy of which is hereto
existing residential development east of Braverman Center as recorded in Plat 1.3s :this parcel; and Book 7, Page 9, Johnson County attaclled�was published in said paper WHEREAS, due to phystcal similarities Recorder's Office;
!! - time(s), on the following ,..1„.. between the subject parcel and nearby thence S 89.33'10" E -3feet
'development, it is bepusedior to allow the along nSaidllr l the Point of
dete(c)t single propertyamitosi be used for lowc density,lBeginning., oSaid parcel contains 21.8
c.t single-family residential uses, compatible acres, more IN less.
•J O with surrounding EITresidential development.DBY FCTION II. MING MAP. The direct
1 0 sa THEREFORE,CILWNLILOF THE CITY OF IOWAB CITY. Inspector is hereby authorized and directed
to change the zoningmap of the City of
IOWA: Iowa City, Iowa, to conform to this
/' SECTION I. ZONING ANENDMFNT. That the amendment upon final passage, approval and
/1 )e property described below is hereby zoned publication of this Ordinance as provided
[/OiW7,`,^y"�6/, I. �!J'i�} �`!„/i RS-5: bSFC.TIWN III CERTIFICATION AND RECOR7INO.
r,,n A parcel of land In the SE I NE I, d
Section 22s T. 79 N., R. 6 W. of the 5th The City Clerk-is hereby authorize and
Legal Clerk L;i4. P.M., Iowa City, Iowa, described as directed to certify a copy of this
follows: Ordinance which shall be recorded at the
Sh:
oCommencing at.a 5/8" rebar marking Office of the County Recorder of Johnson
Subscribed and sworn to before me the NW corner of Pepperwood Addition, County, Iowa.
Part 1 as recorded in Plat Book 17, All ordinances and
Drat Page 22, Johnson County Recorder's. parts parts of conflict with the
thiS� Office, said point lying N 0.01'45" provisions of this Ordinance are hereby
day Of ji., A.D. df ` E - 1205.49 feet and N 89.33'40" W - repealed.
944.26 feet of the SE corner of the SECTION V. SEVERABIII Y: If any of the
d. lc W 1 SW I HW I, Section 23; provisions of this Ordinance are for any
thence N 89.33'40" - 746.94 feet reason declared illegal or void, then the
19 f9, /'a n lawful provisions of this Ordinance, which
along the north line of PeBook 25, are severable from said unlawful
Part 4 as recorded in Plat Book 25, provisions, shall be and remain in full
Page 10, Johnson County Recorder's force and effect, the same as if the
Office to the Point of Beginning; Ordinance contained no illegal or void
Notary Public thence 0.26'20" W - 120.00 feet provisions.
along the west line of said SECTION VI. EFFECTIVE DATE: This
.6Pepper.c.41 ker.
Part 4; thence Ordinance shall be in force and effect from
southwesterly - along said west line and after its final passage and publication
SHARON STUBBS 23.66 feet along a 15 foot radius as by law provided, and shall be recorded
chord bears 5 45.26.20" W - 66.01
curve concave northwesterly which in the Johnson County Recorder's Office.
feet; thence S 0.26.20" W - 68:00 Passed and approved this 13th day of
N,, feet along said west line; J e, 1989.. y/�'�,
thence S 89.33.40• E - feet.
-- alts
- to the northwest corner of
f Pepperwood, Part 6 as recorded in R
Plat Book 25, Page 10, Johnson County
' Recorder's Office; thence 5.0.26'20' '
W • 60.00 feet along the wept line of ,J
said hP an+ood, Part 61 them d �>11s r. . 4 .0 1
11.47'29"aPpN • 121,96 hat alonghesaid ATTES71 tf� J
30495 •June 21.1999
ORDINANCE NO. 89-3417
AN ORDINANCE AMENDING THE ZONING ORDINANCE
BY CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY GENERALLY LOCATED SOUTH OF HILLTOP
MOBILE HOME PARK AND WEST OF EXISTING
PEPPERWOOD ADDITIONS DEVELOPMENT ON
SANDUSKY AND PEPPER DRIVES EXTENDED FROM
ID-RM TO RS-5.
WHEREAS, the entire parcel described in
detail below is adjacent to properties
zoned RS-5, which have developed for low
density, single-family residential
purposes; and
WHEREAS, the easterly part of this entire
parcel is zoned RS-5, but the remaining
approximately 10 acres on the westerly
portion of this parcel was zoned RD-RM,
Interim Development Multi -Family
Residential in order to permit development
of lower cost owner-occupied housing
when municipal infrastructure and services
become available; and
WHEREAS, adjacent property has now
developed for lower cost owner-occupied
housing; and
WHEREAS, the entire parcel described
below is contiguous to existing residential
development and may now be sewered via
extensions of the sewer system serving
existing residential development east of
this parcel ; and
WHEREAS, due to physical similar'nties
between the subject parcel and nearby
development, it is appropriate to allow the
entire property to be used for low density,
single-family residential uses, compatible
with surrounding residential development.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I . ZONING AMENDMENT. That the
property described below is hereby zoned
RS-5:
A parcel of land in the SE 1 NE 1,
Section 22, T. 79 N. , R. 6 W. of the 5th
P.M. , Iowa City, Iowa, described as
follows:
Commencing at a 5/8" rebar marking
the NW corner of Pepperwood Addition,
Part 1 as recorded in Plat Book 17,
Page 22, Johnson County Recorder's
Office, said point lying N 0°01'45"
E - 1205.49 feet and N 89°33'40" W -
944.26 feet of the SE corner of the
W 2 SW 1 NW 1, Section 23;
'S
Ordinance No. 89-3417
Page 2 -
thence N 89°33'40" - 746.94 feet
along the north line of Pepperwood,
Part 4 as recorded in Plat Book 25,
Page 10, Johnson County Recorder's
Office to the Point of Beginning;
thence S 0°26'20" W - 120.00 feet
along the west line of said
Pepperwood, Part 4; thence
southwesterly - along said west line
23.56 feet along a 15 foot radius
curve concave northwesterly which
chord bears S 45°26'20" W - 21.21
feet; thence S 0°26'20" W - 66.00
feet along said west line;
thence S 89°33'40" E - 15.00 feet
to the northwest corner of
Pepperwood, Part 6 as recorded in
Plat Book 25, Page 10, Johnson County
Recorder's Office; thence S 0°26'20"
W - 60.00 feet along the west line of
said Pepperwood, Part 6; thence S
11°47'29" W - 121.96 feet along said
west line;
thence S 9°15'50" W - 80.87 feet
along said line; thence S 0°44'59" E
- 80.87 feet along said west line;
thence S 10°45'48" E - 80.87 feet
along said west line; thence S
20°46'37" E - 80.87 feet along said
west line; thence S 30°38'09" E -
80.87 feet along said west line;
thence S 37°33'40" E - 152.21 feet
along said west line;
thence S 66°42'01" E - 96.62 feet
along said west line to a point on
the west line of Pepperwood, Part 7
as recorded in Plat Book 25, Page 10,
Johnson County Recorder's Office;
thence S 0°00'43" W - 120.00 feet
along said west line; thence N
89°59'17" W - 34.00 feet along said
west line; thence S 0°00'43" W -
173.28 feet along said west line to
the southwest corner of said
Pepperwood, Part 7; thence N
89°59'17" W - 990.17 feet; thence N
0°00'43" E - 524 feet;
thence northeasterly 892.41 feet
along a 750 foot radius curve concave
southeasterly which chord bears N
34°05'58" E - 840.69 feet to a point
on the south line of part 3,
Braverman Center as recorded in Plat
Book 7, Page 9, Johnson County
Recorder's Office;
/R
Ordinance No. 89-3417
Page 3
thence S 89.33'40" E - 325.16 feet
along said southline to the Point of
Beginning. Said parcel contains 21.8
acres, more or less.
SECTION II. ZONING MAP. The Building
Inspector is hereby authorized and directed
to change the zoning map of the City of
Iowa City, Iowa, to conform to this
amendment upon final passage, approval and
publication of this Ordinance as provided
by law.
SECTION III. CERTIFICATION AND RECORDING.
The City Clerk is hereby authorized and
directed to certify a copy of this
Ordinance which shall be recorded at the
Office of the County Recorder of Johnson
County, Iowa.
SECTION IV. REPEALER: All ordinances and
parts of ordinances in conflict with the
provisions of this Ordinance are hereby
repealed.
SECTION V. SEVERABILITY: If any of the
provisions of this Ordinance are for any
reason declared illegal or void, then the
lawful provisions of this Ordinance, which
are severable from said unlawful
provisions, shall be and remain in full
force and effect, the same as if the
Ordinance contained no illegal or void
provisions.
SECTION VI. EFFECTIVE DATE: This
Ordinance shall be in force and effect from
and after its final passage and publication
as by law provided, and shall be recorded
in the Johnson County Recorder's Office.
Passed and approved this 13th day of
June, 1989.
^'OR
ATTEST: 1i ,,,) 4z . )
CITY'CLERK
Approved as to Form Yana"—
di
egal Department
J7://- e7
!S
It was moved by Balmer and seconded by Ambrisco that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Ambrisco
Balmer
Courtney
Horowitz
Kubby
Larson
McDonald
First Consideration 5/30/89
Vote for passage: Ayes: Horowitz, Kubby, Larson, McDonald,
Ambrisco, Balmer, Courtney. Nays: None. Absent: None.
Second Consideration
Vote for passage:
Date published 6/21/89
Moved by Balmer, seconded by Ambrisco, 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 seconded consideration and
vote be waived and the ordinance be voted upon for final
passage at this time. Ayes: Horowitz, Kubby, Larson,
McDonald, Ambrisco, Balmer, Courtney. Nays: None.
Absent: None.
/S
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CI1Y, IOWA 52240 (319) 356-50M
STATE OF IOWA
) SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3417 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
13th day of June , 1989 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 21st day of June , 1989 .
Dated at Iowa City, Iowa, this 29th day of June ,1989
7e !
4m.na Parrott, Deputy City Clerk
lI L 1fr} 1V 1L"
ORDINANCE NO. 89-3418
AN ORDINANCE AMENDING THE ZONING ORDINANCE
BY REZONING APPROXIMATELY 28 ACRES ALONG
HIGHWAY 1 WEST FROM I-1 TO CC-2.
WHEREAS, a 28± acre tract of land,
located north and west of the Iowa City
Municipal Airport, on Highway 1 West is
presently zoned I-1; and
WHEREAS, the Comprehensive Plan for the
City of Iowa City has been amended to show
a general commercial land use designation
on this tract; and
WHEREAS, abutting properties are
undeveloped or are developed commercially;
and
WHEREAS, Chapter 414.5 of the Code of
Iowa permits a city to impose certain
conditions in rezoning cases where it can
be shown that the conditions are reasonable
and are imposed to satisfy public needs
which are directly caused by the proposed
rezoning; and
WHEREAS, the City of Iowa City has, as
part of its Comprehensive Plan, a policy to
preserve and enhance the entranceways to
Iowa City; and
WHEREAS, Highway 1 West is the major
entranceway to Iowa City from the
Southwest; and
WHEREAS, the commercial development of
the site in question will generate more
traffic than would industrial development
of the site, thus requiring certain capital
improvements; and
WHEREAS, the Joseph Company, developer
of the site, has agreed to certain
conditions to conform to the City's policy
regarding entranceways and to assume
financial responsibility for certain off-
site improvements related to the
anticipated traffic from the site.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION I. ZONING AMENDMENT. Subject to
the terms and conditions of the Conditional
Zoning Agreement, attached as Exhibit A,
the property described in Exhibit B is
hereby reclassified from its present
classification of I-1 to CC-2.
SECTION II. ZONING MAP. The Building
Inspector is hereby authorized and directed
I °I
Ordinance No. 89-3418
Page 2
to change the Zoning Map of the City of
Iowa City, Iowa, to conform to this
amendment upon final passage, approval and
publication of this ordinance as provided
by law.
SECTION III. CONDITIONAL ZONING AGREEMENT.
The Mayor is hereby authorized and directed
to sign and the City Clerk to attest and
record in the office of the Johnson County
Recorder this ordinance and the Conditional
Zoning Agreement attached hereto.
SECTION IV. REPEALER. All ordinances and
parts of ordinances in conflict with the
provisions of this Ordinance are hereby
repealed.
SECTION V. SEVERABILITY. If any section,
provision or part of the Ordinance shall
be adjudged to be invalid or
unconstitutional , such adjudication shall
not affect the validity of the Ordinance
as a whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional .
SECTION VI. EFFECTIVE DATE. This
Ordinance shall be in effect after its
final passage, approval and publication as
required by law.
Passed and approved this 13th day of
June, 1989.
/ 06�
40 IR
ATTEST: rna �.,A,j 7C . Rtt. )
CITY CLERK
Approved as to Form
d--(4727,.6 iAS
egal Department
(C 27-tj
1°1
It was moved by Ambrisco and seconded by Courtney that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
First Consideration 5/16/89
Vote for passage: Ayes: Balmer, Courtney, Larson, McDonald,
Ambrisco. Nays: Horowitz, Kubby. Absent: None.
Second Consideration 5/30/89
Vote for passage: Ayes: Larson, McDonald, Ambrisco, Balmer,
Courtney. Nays: Horowitz, Kubby.
Date published 6/21/89
Iq
CONDffIONAL ZONING AGREEMENT
This Agreement is entered by and between The Joseph Company ("Joseph Company) and the
City of Iowa City, Iowa, a municipal corporation ("City").
WHEREAS, Joseph Company has applied for rezoning a 28.084 acre parcel of land from
Industrial, I-1 to Commercial, CC-2 located on the south side of Highway 1 West and legally
described in- Exhibit B attached hereto and incorporated herein by reference.
WHEREAS, the City has a policy to preserve and enhance the entranceways to Iowa City, Iowa;
and
WHEREAS, Highway 1 West is a major entranceway to Iowa City from the southwest and
increased traffic is anticipated if this rezoning request is granted; and
WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on
granting Joseph Company's rezoning request, over and above existing regulations, in order to
satisfy public needs directly caused by the requested change; and
WHEREAS, Joseph Company acknowledges that certain conditions and restrictions are
appropriate in order to lessen the impact on this major entrance to the City, and acknowledges
responsibility for certain capital improvements to accommodate increased traffic.
THEREFORE, the Parties agree as follows:
id
2
A. General Conditions
1. Parties acknowledge Iowa City has a policy, as stated in the Comprehensive
Plan, to preserve and enhance the entranceways to Iowa City. Joseph Company
agrees and acknowledges this policy is reasonable, proper and appropriate
under the circumstances.
2. Parties agree Highway 1 West is a major entranceway to Iowa City from the
southwest. Joseph Company acknowledges the City's policy concerning
entranceways governs this rezoning request. To this end, Joseph Company
agrees to provide certain amenities over and above City regulations in order to
lessen the impact on the surrounding area, more particularly described below.
3. Parties acknowledge and agree that the proposed rezoning from I-1 to CC-2 will
permit commercial uses, not otherwise contemplated under I-1 zoning, and that
the rezoning request herein will generate higher traffic than under I-
1. Joseph Company agrees that, in order to lessen the impact on the
surrounding area, it will construct certain capital improvements, more particularly
described below.
B. Conditions - Amenities
4. Joseph Company agrees that the ±28 acre parcel, to be known as Westport
Plaza and referred to herein as the Development Site, will be developed as a
cohesive, integrated development with one major entrance on Highway 1 West.
3
Nothing in this Agreement shall preclude a secondary entrance at the eastern
boundary of the Site Development.
5. In order to lessen the impact on one of the major entrances to the City, Joseph
Company agrees that the Development Site will substantially conform to the
Conceptual Site Plan dated April 20, 1989 and by reference made a part hereto.
This Plan includes and shall satisfactorily address the following concerns:
a. Joseph Company agrees that no more than two (2) free-standing signs
will be permitted on the Development Site, as shown on the Conceptual
Site Plan dated April 20, 1989 and incorporated herein by reference.
b. Signage on the wall of Anchor No. 1 facing Highway 1 West is prohibited.
c. Signage on the rear wall of Anchor No. 1 is prohibited.
d. Arborvitae screening shall be placed along the southwest boundary of
the Development South of the frontage road, as shown on the Conceptual
Site Plan.
e. All lighting shall be downcast, and all signage shall be internally
illuminated.
f. Plantings along the right-of-way shall be a mix of deciduous trees with
varied groupings of evergreens, as shown on the Conceptual Site Plan.
19
4
g. Low-lying evergreen landscaping shall be deemed appropriate along the
major entrance to the Development Site from Highway 1 West.
6. Parties agree that the Conceptual Site Plan dated April 20, 1989 will be subject
to modifications within the general parameters of the Conceptual Site Plan, such
as structural dimensions and tree species. Parties further agree that any
modifications departing from this Conceptual Site Plan must and shall be subject
to staff review and approval. Parties also agree that nothing in this Agreement
shall be construed to require Joseph Company to conform to the Conceptual
Site Plan in every detail, since the Plan is intended as conceptual in nature due,
in part, to the fact that only one of the anchors are currently identified.
Dimensional changes are therefore anticipated. Parties further agree that the
Conceptual Site Plan shall govern the Development Site, and that neither Party
may intentionally digress from this Conceptual Site Plan for any arbitrary reason.
7. Joseph Company agrees that the final design of the Development Site shall
provide facades in the retail centers that are compatible and that provide
horizontal continuity, as shown on the drawings presented to the Planning and
Zoning Commission and dated April 20, 1989.
lq
5
C. Conditions - Off-Site Improvements
8. Joseph Company agrees to assume total financial responsibility for the off-site
improvements required by this Development Site, specifically:
a. Any geometric changes in the Highway 1 West right-of-way associated
with the major entrance;
b. Signalization (traffic light) to be placed at the main entrance to the
Development Site on Highway 1 West as shown in the Conceptual Site
Plan; and
c. Improvement of the north-south right-of-way east of Carousel Motors from
the existing frontage road to the north boundary of the Development Site.
Joseph Company agrees these improvements will be made to City
standards.
9. Nothing in this Agreement shall be construed to relieve Joseph Company from
complying with all applicable local and state regulations, and Joseph Company
acknowledges this obligation.
6
10. Parties agree that this Conditional Zoning Agreement shall be deemed a
covenant running with the land and shall inure to the benefit of all successors
and assigns of the property being rezoned herein. Parties further agree that this
Conditional Zoning Agreement shall be incorporated by reference into the
Rezoning Ordinance; and that upon adoption and publication of the Ordinance,
that this Conditional Zoning Agreement shall be recorded in the Johnson County
Recorder's Office and shall constitute notice to the public of the above
restrictions.
Dated this 13th day of ,lune , 1989.
CITY OF IOWA CITY JOSEPH GOfk1PANY
11 ���
By: By: .: •__.i iA
Mayor Presre t
Attest: YYleA,,ce",,,..) ,�„ Attest: I .,/
Marian K. Karr, City Clerk Secret.r y
STATE OF IOWA.
) ss:
JOHNSON COUNTY )
On this is day of Juno , 19 59 , before me, Gina O'Donne 11 , a
Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian
K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was
signed and sealed on behalf of the corporation, by authority of its City Council, as contained
in (Ordinance) ( - aftdT1) No. 89-3418 passed (tfte;f talIbbiti`aYtdpreYl) by the City Council,
under Roll Call No. ---- of the City Council on the 13th day of Juno , 19 89
and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to
be their voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
ttin C1Z
Notary Public in and for the State of Iowa
141
7
STATE OF ILLINOIS )
) ss:
PEORIA COUNTY )
On this /s day of , A.D. 19 0/fc�
before me, the undersigned, a Notary
Public In and for the State of wa, personally appeared David S. Joseph, to me personally
known, who, being by me duly sworn, did say that he is the President and
Secretary , respectively, of said corporation executing the within and foregoing
Instrument to which this Is attached, that (no seal has been procured by the said) corpora-
tion; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the
seal of said) said corporation by authority of its Board of Directors; and that the said President
and Secretary as such officers acknowledged the execution of said Instrument to
be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
ALA aid
Notary Public in and for said Cvnty and State
LEGAL DEPARTMENT /
r7 - ft
Fl
EXHIBIT B
WESTPORT PLAZA
LEGAL DESCRIPTION
Commencing at the Southeast Corner of the Southwest Quarter of Section 16,
Township 79 North, Range 6 West of the 5th Principal Meridian; Thence N00°51'23"E
(An Assumed Bearing) , along the East Line of said Southwest Quarter 230.00 feet,
to the Point of Beginning; Thence continuing N00°51 '23"E along said East Line
of the Southwest Quarter, 927.17 feet, to a Point which is 500.00 feet southerly
of the Intersection of said East Line with the Southerly Right-of-Way Line of
Iowa Primary Road No. 1, and is the Southeast Corner of the tract of land
conveyed to the City of Iowa City, Iowa, by Warranty Deed, Recorded in Deed Book
568, at Page 286, of the Records of the Johnson County Recorder's Office; Thence
N89°08'37"W, 60.00 feet to the Southwest Corner of said tract; Thence
S00°51'23"W, along a line which is parallel with and 60.00 feet Westerly of said
East Line of the Southwest Quarter 133.69 feet, to the Southeast corner of Lot
1, of Ruppert Subdivision, Part One, as Recorded in Plat Book 27, at Page 15,
of the Records of the Johnson County Recorder's Office; Thence N89°08'37"W, along
the Southerly Line of said Lot 1, 225.71 feet; Thence N49°57'39"W, 638.66 feet,
to a Point on the Southerly Right-of-way Line of Iowa Primary Road No. 1; Thence
Southwesterly 8.81 feet, along said Southerly Right-of-Way Line on a 2231 .9 foot
radius curve, concave Southerly whose 8.81 foot chord bears S70°07'13"W, to a
Point which is 156.2 feet radially distant Southeasterly of the Centerline of
said Iowa Primary Road No. 1, at Station 146+50; Thence S58°21'18"W, along said
Southerly Right-of-Way Line 330.50 feet, to a Point which is 160.00 feet,
radially distant Southeasterly of said Centerline of Iowa Primary Road No. 1,
at Station 143+00; Thence S48°18'47"W along said Southerly Right-of-Way Line,
423.33 feet, to a Point which is 180.00 feet, radially distant Southeasterly of
said Centerline of Iowa Primary Road No. 1, at Station 138+50; Thence
S44°00'45"W, along said Southerly Right-of-Way Line, 220.30 feet, to a Point
which is on the Northeasterly Limits Line of the Existing Airport Clear Zone;
Thence 549°57'39"E, along said Northeasterly Limits Line, 926.91 feet, to a Point
on the North Line of the Parcel conveyed to the City of Iowa City by Warranty
Deed, Recorded in Deed Book 185, at Page 321, of the Records of the Johnson
County Recorder's Office; Thence N89°42'40"E, along said Northerly Line, 811 .94
feet, to the Point of Beginning. Said tract of land contains 28.084 acres, more
or less, and is subject to easements and restrictions of record.
� 9
CITY OF IOW CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CRY, IOWA 52240 (319) 356-50M
STATE OF IOWA
) 5S
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3418 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
)3th day of June , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 21st day of June , 19 89
Dated at Iowa City, Iowa, this 29th day of June ,1989
C4t '
JL(
Parrott, Deputy City Clerk
/D
i
Printer's fee$i/{U4 f
CERTIFICATE OF PUBLICATION
STATE OF IOWA, Johnson County, ss:
THE IOWA CITY PRESS-CITIZEN
OFFICIAL PUBLICATi1SN OFFICIAL PUBLICATION
I SECTION I. ZONING AMENDMENT. Subject to
ORDINANCE NO. 89-3418 the terms and conditions of the Conditional
Carol Barr, being duly sworn, say that I Zoning Agreement, attached as Exhibit A,
am the legal clerk of the IOWA CITY AN ORDINANCE AMENDING THE ZONING ORDINANCE the property described in Exhibit B is
g BY REZONING APPROXIMATELY 28 ACRES ALONG hereby reclassified from its present
PRESS-CITIZEN, a newspaper HIGHWAY 1 WEST FROM 1-1,T0 CC-2. classification of 1-1 to CE-2.
SECTION II. ZONING MAP. The Building
published in said county, and that a WHEREAS, a 28t acre tract of hied, Inspector is hereby authorized and directed
notice, a printed copy of which is hereto located north and west of the Iowa City to change the Zoning Map of the City of
attached, was published in said paper Municipal Airport, on Highway 1 West is Iowa
presently zoned 1-1; and City, Iowa, to confer, to this
time(s), on the following WHEREAS, the Comprehensive Plan for the amendment upon final passage, approve/ and
date(s): City of Iowa City has been amended to show publication of this ordinance as provided
a general commercial land use designation
S" 'j ' on this tract; and SECTION III. CONDITIONAL ZONING AGREEMENT.
WHEREAS, abutting properties are The Mayor is hereby authorized and directed
undeveloped or are developed commercial ly; to sign and the City Clerk to attest and
and record in the office of the Johnson County
WHEREAS, Chapter 414.5 of the Code of Recorder this ordinance and the Conditional
gealZ411'(.
Iowa permits a city to impose certain Zoning Agreement attached hereto.
conditions in rezoning cases where it can SECTION IV. REPEALER. All ordinances and
,/ be shown that the conditions are reasonable parts of ordinances in conflict with the
and are imposed to satisfy public needs provisions of this Ordinance are hereby
which are directly caused by the proposed repealed.
Legal Clerk rezoning; and SECTION V. SEVERABILITY. If any section,
WHEREAS, the City of Iowa City has, as provision or part of the Ordinance shall
part of its Comprehensive Plan, a policy to be adjudged to be invalid or
Subscribed and sworn to before me preserve and enhance the entranceways LA unconstitutional, such adjudication shall
Iowa City; and not affect the validity of the Ordinance
WHEREAS, Highway I West is the major as a whole or any section, provision or
t
this y of , A.D. entranceway to Iowa City from the unconsthereofna7 not adjudged invalid or
_
Southwest; and SECTION VI. EFFECTIVE DATE. This
WHEREAS, the commercial development of Ordinance shall be In effect after its
�%/ tra site in wouldiwill generate more
infinal passage, approval and publication as
I L/ ./ n
traffic than would industrial development required by law.
/ / / ie the site, thus requiring certain capital Passed and approved this 13th da of
iaerovements; andY
�et— a—,4114i _ WHEREAS, the Joseph Company, developer, J e, 1989.
we' of the site, has agreed to certain
Notary Public conditions to conform to the City's policy / i
regarding entranceways and to assume
SHARON financial responsibility for certain off- '1..,/
OR
°, STUBBS site improvements related to the
. anticipated traffic from the site. �y 1l
_ NOW, THEREFORE, BE IT ORDAINED W BY THE ATTEST:214;q4„) 1� xa�
- - - - - CITY COUNCIL OF THE CITY OF IOWA CITY, C TY`C
^ IOWA, THAT: I LERK
CONDITIONAL ZONING AGREEMENT
This Agreement M entered by and between The Joseph Company('Joseph Company')and the ,
City of Iowa City,Iowa,■municipal corporation('City'). ,
WHEREAS, Joseph Company has applied foe rezoning a 29.014 ane parcel of lend from
Ndustial, Ht to Commercial,CC-2 located on the south side of Highway 1 Weal and legally
deeerlbed In Exhibit B Cached hereto and incorporated herein by refeenoa.
WHEREAS,the City has a policy to preserve and enhance the entranceways to Iowa City,kava;
and
WHEREAS, Highway 1 West is a major entranceway to Iowa City from the southwest and
Increased traffic is anticipated it this rezoning request Is granted, and
WHEREAS,Iowa law provides that the City of Iowa City may Impose reasonable conditions on
granting Joseph Company's rezoning request,over and above existing regulations,in order to
satisfy public needs directly caused by the requested change,and
WHEREAS, Joseph Company acknowledges that certain conditions and restricti0ns are
appropriate in order to lessen the Impact on this major entrance to the City,and acknowledges
responsibility for certain capital improvements to accommodate increased traffic.
v CC - a y ✓ / • u
OZ I 171
THEREFORE,V.Parts agree as follows:
A. Genteel Ca dNions
1. Partes acknowledge Iowa City has a policy,as stated In the Comprehensive
Plan,to preserve and enhance the entranceways to Iowa Ci y. Joseph Company
egress and aelmowledges,this policy is reasonable, proper end appropriate
under the circumstances.
2. Parties agree Highway 1 West Is a major entranceway to Iowa.City from the
southwest. Joseph Company acknowledges the City's policy concerning
entranceways governs this rezoning request. To this end, Joseph Company
agrees to provide certain amenities over and above City regulations In order to
lessen the Impact on the surrounding area,more particularly described below.
3. Parties acknowledge and agree that the proposed rezoning from 1.1 to CC-2 will i
permit commercial uses,not otherwise contemplated under I-1 zoning,and that
the rezoning request herein will generate higher traffic than under I-
1. Joseph Company agrees that, in order to lessen the Impact on the
surrounding area,it will construct certain capital improvements,more partiwkry
described below.
B. Conditions•Amenhiee •
4. Joseph Company agrees that the ±28 acre parcel,to be known as Westport
Plaza and referred to herein as the DevelopmentSite,will be developed at a
cohesive,integrated development with one major entrance on Highway I West l�
Nothing hi this Agreement shall preclude a secondary entrance at the eastern
• boundary of the Site Development.
. I
S. In order to lessen the Impact on one of the major entrances to the City,Joseph
Company agrees that the Development Site will substantially conform to the
Conceptual Site Plan dated Apra 20,1Y$and bytefererse mite a part hereto.
Ths Plan includes and shall satisfacteray address the follewiky aoneeme:.
a. Joseph Company agrees that no more than two(2)free-standing signs
will be permitted on the Development Site,as shown on the Conceptual
Site Plan dated.April 20,1989 and,incorporated herein by reference.
b. Signage on the wall of Anchor Not facing Highway 1 West is prohibited.
C. Signage on the rear wall of Anchor No. 1 Ls prohibited.
d. Arborvitae screening shall be placed along the southwest boundary of
the Development South of the frontage road,as shown on the Conceptual
Site Plan.
s. ,M lighting shall be downcast, and all signage shall be internally
illuminated.
t Plantings along the rightof-way shall be a Sc of deciduous ken with
varied groupings of evergreens,as shown on the Conceptual Site Plan,
g. Law-lying evergreen landscaping shall be deemed appropriate along the
ntsjr entrance lo the Development Site from Highway 1 West.
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9. Nothing in this Agreement shall be construed to relieve Joseph Company from
complying with alt applicable localpand state regulations,and Joseph Company
acknowledges this Obligation.
10. Partiesagree that this Conditional Zoning Agreement shall bo doomed a
Covenant running with the land and shall Inure to 1he benefit of all successors
and assigns of the property being rezoned herein. Parties fuller agree that this
Conditional Zoning Agreement shall be incorporated by reference kilo tho
Rezoning Ordinance;and that upon adoption and publication of the Ordinance,
that this Conditional Zoning Agreement shall be recorded in the Johnson County
Recorder's Office end shall constitute notice to the publicof the above
rest
Dated this 13th day of June 1989.
-
CITY OF IOWA CRY JOSEPH COMPANY
/1 •
By: .t �.. _Ilr __. - By:
-yon 'Pres"--nt
•
Attest: 4e. ,ka.4&) Attest: • _/.:_ i a.
Marian K.Karr,City Clerk Secretary I
EXHIBIT B
WESTPORT PLAZA
PGA' DFSCRIPTIOQ
Consenting at the Southeast Corner of the Southwest Quarter of Section 16,
Township 79 North, Rage 6 West of the 5th Principal Meridian; Thence N00'S1'Z3"E
(An Assumed.Bearing), along the East Line of said SouthwestQuarter 230.00 feet,
to the Point of.Beginning; Thence continuing N00.51'23"E allong.said East Line
of the.Southwest Quarter, 927.17 feet, to a Point which is 500.00 feet southerly
of the Intersection of said East-Line.with the Southerly. Right-of-Way Line of
Iowa Primary Road No. 1, and is the Southeast Corner of the tract of land
conveyed to the City of Iowa City, Iowa, by Warranty Deed, Recorded in Deed Book
568, at Page 286, of the Records of the Johnson County Recorder's Office; Thence
1189.08'37"W, 60.00 feet to the Southwest Corner of said tract; Thence
500.51.23"W, along a line whichis parallel with and 60.00 feet.Westerly of said
East Line of the Southwest Quarter 133.69 feet, to the Southeast corner of Lot '
1, of Ruppert Subdivision, Part One, as Recorded in Plat Book 27, at Page 15,
of the Recordsof the Johnson County Recorder's Office; Thence N89'08'37"W, along
the Southerly Line of said Lot 1, 225.71 feet;Thence N49.57'39'W, 630.66 feet,
to a Point on the Southerly Right-of-way Line of Iowa Primary Road No. 1;Thence
Southwesterly 8.81 feet, along said Southerly Right-of-Way Line on a 2231.9 foot.
radius curve, concave Southerly whose 8.81 foot chord bears 570.01'13"W, to a
Point which is 156.2 feet radially distant. Southeasterly of the Centerline of
said Iowa Primary Road No. 1, at Station 146+50; Thence 558.21'18'W, along said
Southerly Right-of-Way Line 330.50 feet, to a Point which is 160.00 feet, .
radially distant Southeasterly of said Centerline of Iowa Primary Road No. 1,
at Station 143+00; Thence 548.18'47"W along said Southerly Right-of-Way Line,
423.33 feet,to a Point which is 180.00 feet, radially distant Southeasterly of
said Centerline of Iowa Primary Road No.. 1, at Station 138+50; Thence
S44•00'45"W, along said Southerly Right-of-Way Line, 220.30 feet, to a Point
which is on the Northeasterly Limits Lineof the Existing Airport Clear Tone;
Thence 549.57'39"E, along said Northeasterly Limits Line, 926.91 feet, to a Point
on the North Line of the Parcel conveyed to the City of Iowa City by Warranty
+ Deed, Recorded in Deed Book '185, at Page 321, of the Records of the Johnson
County Recorder's Office; Thence N89.42'40"E, along said Northerly Line, 811.94
feet, to the Point of Beginning. Said tract of land contains 28.084 acres, more
or less, and is subject to easements and restrictions of record.
30693 June 21;1989
'fi-/
ORDINANCE NO. 9 9 .x419
AN ORDINANCE TO ZONE A PORTION OF THE VACATED
HOLLYWOOD BOULEVARD RIGHT-OF-WAY TO
COMMERCIAL OFFICE, CO-1.
WHEREAS, a portion of the Hollywood Boulevard right-of-
way was vacated in 1986; and
WHEREAS, this vacated right-of-way is not needed for any
public purpose; and
WHEREAS, the City of Iowa City has agreed to convey this
right-of-way to Southgate Development Company, a private
corporation; and
WHEREAS, the property must be zoned when owned by a
private entity; and
WHEREAS, the Commercial Office zone is the most
appropriate zone category based on compatibility with
surrounding uses and zoning; and
WHEREAS, it is in the public interest to insure that any
commercial development of this vacated right-of-way does not
result in commercial traffic filtering through the residential area
east of the site.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. ZONING AGREEMENT:
That the City of Iowa City hereby zones to CO-1
(Commercial Office) the parcel of land legally described as
follows:
Beginning at the northeast corner of Block 2,
Braverman Center, Iowa City, Iowa, as recorded in Plat
Book 7, Page 20 at the Johnson County Recorder's
Office, which point lies S89°52'40"E, 661.9 feet and
S0°26'20"W, 377.2 feet from the northwest corner of
Section 23, Township 79 North, Range 6 West, of the
5th Principal Meridian; thence S0°26'20"W, 149.16 feet
along the east line of said Block 2; thence
northwesterly, 128.02 feet along a 330.00 foot radius
curve concave northeasterly, which chord bears
N50°4'42"W, 127.21 feet; thence N38°57'54"W, 123.89
feet; thence northwesterly, 136.51 feet along a 270.00
foot radius curve concave southwesterly which chord
bears N53°26'57'W, 135.06 feet to the northerly line of
said Block 2; thence S67°56'00"E, 108.38 feet along
said northerly line of Block 2; thence southeasterly,
196.95 feet along a 3,015.00 foot radius curve concave
northeasterly to the Point of Beginning;
and that this zoning is with the condition that any commercial
office development constructed on the site will have access
only from Broadway Street as agreed to by the owner of the
property in the Conditional Zoning Agreement, Exhibit A,which
is attached hereto and made a part of this Ordinance by
reference.
SECTION II. ZONING MAP: The Building Inspector is hereby
authorized and directed to change the zoning map of the City
of Iowa City, Iowa, to conform to this ordinance upon its final
passage, approval and publication.
ao
Ordinance No. 89-3419
Page 2
SECTION III. CONDITIONAL ZONING AGREEMENT: The
Mayor is hereby authorized and directed to sign, and the City
Clerk to attest, the Conditional Zoning Agreement, attached
hereto as Exhibit A. The City Clerk is authorized to record
said Agreement and the Ordinance in the office of the
Johnson County Recorder.
SECTION IV. REPEALER: All ordinances and parts of
ordinances in conflict with the provisions of this Ordinance are
hereby repealed.
SECTION V. SEVERABILITY: If any section, provision or part
of the Ordinance shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity
of the Ordinance as a whole or any section, provision or part
thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE: This Ordinance shall be in
effect after its final passage, approval and publication as
required by law.
Passed and approved this 13th day of June,
1989)
/7 OR
ATTEST: �, ''. J)
CITY CL RK
Approved as to Form /
Iwo/
Leal Department
�= �� — 9
•
It was moved by Balmer , and seconded by Ambrisco
that the Ordinance as read be adopted and upon roll call there were:
AYES: _ NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
First consideration
Vote for passage:
Second consideration 5/30/89
Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson,
McDonald, Ambrisco, Balmer. Nays: None. Absent: None.
Date published 6/21/89
Moved by Courtney, seconded by Horowitz, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the first consideration and vote
be waived and the ordinance be given second consideration at
this time. Ayes: Balmer, Courtney, Horowitz, Kubby, Larson,
McDonald, Ambrisco. Nays: None. Absent: None.
ao
3
STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this 13th day of June , 1989, before me,
Gina O'Donnell , a Notary Public in and for the State of
Iowa, personally appeared John McDonald and Marian K. Karr, to me personally
known, and, who, being by me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to
the foregoing instrument is the corporate seal of the corporation, and that the
instrument was signed and sealed on behalf of the corporation, by authority of
its City Council , as contained in (Ordinance) (RtIbTutitbl No. 89-3419
passed (the Resolution adopted) by the City Council , under Roll Call No.
of the City Council on the 13th day of Tung
19 89 , and that John McDonald and Marian K. Karr acknowledged the execution
of the instrument to be their voluntary act and deed and the voluntary act and
deed of the corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
.20
EXHIBIT A
CONDITIONAL ZONING AGREEMENT
This Agreement is entered into by and between Southgate Development Company
("Southgate") and the City of Iowa City, Iowa, a municipal corporation ("City").
WHEREAS, Southgate has acquired a portion of the vacated Hollywood Boulevard
right-of-way between Taylor Drive and Broadway Street, legally described in
Exhibit B, attached hereto and incorporated herein by reference; and
WHEREAS, private ownership of this parcel requires the parcel to be zoned and
commercial office, CO-1, zoning is sought for this parcel ; and
WHEREAS, this parcel is at the boundary between two different uses, commercial
and residential ; and
WHEREAS, it is in the public interest to lessen the impacts of commercial
development on the use and enjoyment of residential properties, particularly as
those impacts relate to traffic; and
WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable
conditions on the zoning of property in order to satisfy public needs directly
caused by the zoning requested; and
WHEREAS, Southgate acknowledges that certain conditions are appropriate to lessen
the impact of the commercial zoning of the subject property on the residential
properties on Hollywood Boulevard.
THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. That any commercial office development constructed or established on the
property described in Exhibit B attached hereto shall have access only from
Broadway Street.
2. Nothing in this Agreement shall be construed to relieve Southgate from
complying with all applicable local and state regulations, and Southgate
acknowledges this obligation.
3. Parties agree that this Conditional Zoning Agreement shall be deemed a
covenant running with the land and shall enure to the benefit of all
successors and assigns of the property being zoned herein. Parties further
agree that this Conditional Zoning Agreement shall be incorporated by
reference into the Ordinance zoning the described property; and that upon
adoption and publication of the Ordinance, that this Conditional Zoning
Agreement shall be recorded in the Johnson County Recorder's Office and
shall constitute notice to the public of the above restrictions.
Dated this 17Y day of vki- 6 , 1989.
2
r
CITY OF IOWA CITY . I d DEVELOPMENT COMPANY
By: 1! AM%
By: Igmagik
M. Myles'e an, President
ATTEST: M. P 4<1,24,1,) ATTEST:
Mari n K. Karr, City Clerk
ST'' OF IOWA )
) SS:
JOHNSON aUNTY )
On this day of , 1989, before me,
, a Notary Public in and for the State of
Iowa, personally a• •eared John McDonald and Marian K. Karr, to me personally
known, and, who, being • me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of • e City of Iowa City, Iowa; that the seal affixed to
the foregoing instrument is he corporate seal of the corporation, and that the
instrument was signed and sea -d on behalf of the corporation, by authority of
its City Council , as contained 'n (Ordinance) (Resolution) No.
passed (the Resolution adopted) • the City Council , under Roll Call No.
of the City Council on th- day of
19 , and that John McDonald and Mar' .n K. Karr acknowledged the execution
of the instrument to be their voluntary ac and deed and the voluntary act and
deed of the corporation, by it voluntarily ex- uted.
••"`• FAY PHELPS
uv uxvasi om revalt.sk /`
• Not.ry Pu/ is in and For the State if Iowa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , 1989, before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared
Myles Braverman, to me personally known, who being by me duly sworn, did say that
he is the President of Southgate Development Company executing the within and
foregoing instrument to which this is attached; that said instrument was signed
and sealed on behalf of said corporation by authority of its Board of Directors;
and that the said President as such officer acknowledged the execution of said
instrument to be a voluntary act and deed of said corporation, by it and by them
voluntarily executed.
_
FAY PHELPSj'j 'j "n4"_/ Notar Publi in and for the State of Iowa
LEGAL DEPARTMENT
Exhibit B
A Parcel of land located within Block 2, Braverman Center, Iowa City, Iowa, as
recorded in Plat Book 7, Page 20, at the Johnson County Recorder's Office, more
particularly described as follows:
Beginning at the northeast corner of said Block 2 which point lies S 89052'40"
E, 661.9 feet and S00026'20" W, 377.2 feet from the northwest corner of Section
23, T79N, R6W, of the 5th P.M. ; thence S 00026'20" W, 149.16 feet along the east
line of said Block 2; thence Northwesterly 128.02 feet along a 330.00 foot radius
curve concave northeasterly, which chord bears N 50004'42" W, 127.21 feet; thence
N 38057154" W, 123.89 feet; thence northwesterly, 136.51 feet along a 270.00 foot
radius curve concave southwesterly which chord bears N 53026' 57" W, 135.06 feet
to the northerly line of said Block 2; thence S 67056'00" E, 108.38 feet along
said northerly line of Block 2; thence Southeasterly, 196.95 feet along a
3,015.00 foot radius curve concave northeasterly to the Point of Beginning; this
parcel contains 20,246 square feet or 0.46 acres, more or less.
CITY OF IOWA CITY
CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
STATE OF IOWA
) SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3419 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
13th day of June , 1989 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 21st day of June , 1989
Dated at Iowa City, Iowa, this29th day of June ,19 89
cirt*JVCAd--,t9ei
ott
Parrott, Deputy City Clerk
jgi 7
OFFICIAL PUBLICATION OFFICIAL PUBLICATION
ORDNANCE NO. 89-34 19 —Block 2;Vence S67.56'O0E,'10a3a feet along
said nonhery lire of Block 2;thence sgMeernerd,
AN ORDINANCE TO ZONE A PORTION OF THE VACATED 19&95 feet along a 3,01500 foot radius curve wncavve
HOLLYWOOD BOULEVARD RIGHT-OF-WAY TO nonMe&ery to the Poop of Beginning;
Printer's fee 47i
z i a COMMERCIAL OFFICE.00.1. andthat the zoning Is with the condition that any commercial
office development cone cooed on the site will have access
WHEREAS,a portion of the Holywood Boulevard righted- 01%,from Broabway Street es agreed to byte owner of the
CERTIFICATE OF PUBLICATION wmy was vacated 1986;and propeMln the Condilmalzonag Agreement;Exhibit A:which
WHEREAS.this vacated rlgm.c4-way le not needed for any le attached hereto and made a pan of the Ordinance by
STATE OF IOWA, Johnson Count ss: public purpose;and reference.
WHEREAS,the City of Iowa CW has ed agreto convey this SECTION II. ZONING MAP: The Building Inspector a hereby
THE IOWA CITY PRESS-CITIZEN right-d-way to Southgate Development Company,a private aunhonzed and directed to change the zoning map of the Cty
corporation;and of.Iowa CM.lava to conform to this ordinance upon Is Mal
WHEREAS,the property must be zoned when owned by Passage.approval and'publication.
privHe entity;end
th SECTION III. CONOTIIONAL ZONING AGREEMENT: The
WHEREAS, the Commerdal Office Pone Is the most Mayor is.hereby authorized and directed to sign,and the Cry
appropriate zone category Need on compatibiliy with Cent to attest,chs Conditional Zoning Agreement attached
surrounding uses and zoning;and hereto as Exhibit A. The City Clerk Is authorized to record
I WHEREAS.It Is In the public Interest to Insure that any said Agreement and the Ordinance In the office of the
commercial darelopmem of this vacated rlgm-0swey does not Johnson county Recorder.
Carol Barr, being duly sworn, say that I rsualn commercial tads Merino through theresltlemial area SECTION IV. REPEALER: AS ordinances and pens of
am the legal clerk of the IOWA CITY
east W,f e site.THEREFORE, BE IT ORDAINED BY THE CITY herhereby res in monad pwM the po provisions Ordinance are
g COUNCIL OF.THE CRY OF IOWA CITY,IOWA: SECTION VT SEVERABILITY: I section, pen
PRESS-CITIZEN, a newspaper SECTION I. ZONING AGREEMENT: any be Inver
publishedcounty, That the. City of lava City hereby zones to CO.1 of the Ordinance atoll be ion to effect
Invalid or
in said and that auntenslrMlrncl, ears adudWtion shall not effect the velar
follows:
dol ov r<sl Office)the parcel'&land legay described es of the Ordinance as a wide or any section.Prwsan ot pan
notice, a printed copy of which is hereto Beginning at the northeast comer of Block 2, thereof not adjudged'Invaad or unwastttaional.
SECTION VI, EFFECTIVE DATE: Thi Ordinance Mee be In
attIched, was published in said paper Braverman Center,Iowa City,Iowa,es recorded-in Plat effect atter as anal passage, approval and pubicanon as
Book 7,•Page 20 at the Johnson County Recorder's
_ time(s), on the following Omae,which point tea S09.52'eo'E,6615 feel and required law.
the 13th da of
date(s): SO.26'20W,377.2 feet from the nanhwest cameral 1989. Y June,
Section 23,Township 7e Noah.Range 6 West.of the
A / `/�� 0 9 5th Principal Meridian;thence 50.26'20W,142.16 feet 40 -O�
u_y C.. i 1 1 I 1 O / Iong the east line of said Block 2; thence
ste 128. feet
radius
which chord oears
Ofl
N50.4'42W,12721 feet;thence N39.57'S4'W,123.20
feel;thence nonhweaterty,136.51 feet along a 270.OG 1I�.��L/z 1I
,F, toot radius curve concave sou hwe5My which cbgrd ATTESCRY GLEflK.. k, ��
J i�„�4 l bears N53°26'erW,135.06 feet to the northerly line d
C L`Jry EXHIBIT A
Legal Clerk CONDITIONAL ZONING AGREEMENT
Subscribed and sworn to before me
This Agreement is entered into by and between Southgate Development Company
("Southgate") and the City of Iowa City, Iowa, a municipal corporation ("City").
this ay of •D.
taWHEREAS, Southgate has acquired a portion of the vacated Hollywood Boulevard
right-of-way between Taylor Drive and Broadway Street, legally described in
I 9 / Exhibit B.attached hereto and Incorporated herein by reference; and
/ / / WHEREAS, private ownership of this parcel requires the parcel to be zoned and
cornercial office, CO-1, zoning is sought for this parcel; and
Notary Public WHEREAS, this parcel is at the boundary between'two different uses, commercial
-. _ and residential; and
SHARON STUBBS WHEREAS, it is in the public interest to lessen the impacts of commercial
development on the use and enjoyment of residential properties,-particularly as
-- -__ __ those impacts relate to traffic; and
WHEREAS, Iowa law provides that the. City of Iowa City may impose reasonable
conditions on the zoning of property in order to satisfy public needs directly
caused by the zoning requested; and
WHEREAS,Southgate acknowledges-that certain conditions are appropriate to lessen
the-impact of the commercial zoning of the subject property on the residential
' properties.on Hollywood Boulevard.
THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. That any.commercial officedevelopment constructed or established on the
property described in Exhibit ¢attached hereto shall have access only from
Broadway Street.
2. Nothing in this Agreement shall be construed to relieve Southgate from
complying with all applicable local and state regulations, and Southgate
acknowledges this obligation.
3. Parties agree that this Conditional Zoning Agreement shall be deemed a
covenant running with the land and shall enure to the benefit of all
successorsand assignsof the property being zoned herein. Parties further
agree that this Conditional Zoning Agreement shall be. incorporated by
reference into the Ordinancezoning the described property; and that upon
adoption and publication of the Ordinance, that this Conditional Zoning
Agreement shall be recorded in the Johnson County Recorder's Office and
shall constitute notice to the public of the above restrictions.
Dated this \�' day of ►T \ff.--�( , 1989.
CITY OF IOWA CITY (� , a ei DEVELOPMENT COMPANY
•
BY: By:
Ml My e B -ye an, Presi.ent
ATTEST: rAz.n.,J -k 1-k. ,4n.' ATTEST:
Mar n K. Karr, City Clerk
Exhibit B
A Parcel of land located within Block 2, Braverman Center, Iowa City, Iowa, as
recorded in Plat Book 7, Page 20, at the Johnson County Recorder's Office, more
particularly described as follows:
Beginning at the northeast corner of said Block 2 which point lies S 89052'40"
E, 661.9 feet and S00026'20" W, 377.2 feet from the northwest corner of Section
23, T79N, R6W, of the 5th P.M.; thence S 00026'20" W, 149.16 feet along the east
line of said Block 2; thence Northwesterly 128.02 feet along a 330.00 foot radius
curve concave northeasterly, which chord bears N50004'42" W, 127.21 feet; thence
N 38057'54" W, 123.89 feet; thence northwesterly, 136.51 feet along a 270.00 foot
radius curve concave southwesterly which chord bears N 53026'57" W, 135.06 feet
to the northerly line of said Block 2; thence S 67056'00" E, 108.38 feet along
said northerly line of Block 2; thence Southeasterly, 196.95 feet along a
3,015.00 foot radius curve concave northeasterly to the Point of Beginning; this
parcel contains 20,246 square feet or 0.46 acres, more or less.
__3)592 ______ __ Junt2L19B9_
ORDINANCE NO. 89-3420
AN ORDINANCE AMENDING CHAPTER 34, ARTICLE
III OF THE CODE OF ORDINANCES OF THE CITY
OF IOWA CITY, IOWA, "WEED CONTROL," BY
REPEALING SECTIONS 34-73, 34-75, AND 34-76
THEREOF, AND ENACTING NEW SECTIONS IN LIEU
THEREOF TO BE CODIFIED THE SAME, CLARIFYING
THE PROVISION WHICH MAKES FAILURE TO
CONTROL WEEDS A NUISANCE, AND PROVIDING FOR
YEAR ROUND ENFORCEMENT OF WEED CONTROL
REGULATIONS BY USE OF THE NUISANCE
ABATEMENT PROCEDURES PROVIDED IN CHAPTER
24, ARTICLE VI OF THE CITY CODE.
BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF IOWA CITY, IOWA:
SECTION 1. That Chapter 34, Article III of
the Code of Ordinances of the City of Iowa
City, Iowa, be, and the same is hereby
amended by repealing Section 34-73 thereof,
and enacting in lieu thereof a new section
to be codified the same to read as follows:
34-73. Failure to control weeds
declared a nuisance, constitutes either a
misdemeanor or a municipal infraction.
The failure of a person owning,
controlling, or in possession of property
to observe any of the following
requirements is hereby declared to be a
nuisance, and shall constitute a
misdemeanor or a municipal infraction.
(a) Each owner and each person in the
possession or control of any land
shall cut or otherwise destroy, in
whatever manner prescribed by the
weed official , all noxious weeds
thereon and shall keep said lands
free of such growth.
(b) Each owner and each person in
possession or control of any
developed or undeveloped lot shall
be responsible to keep said lot
along with the parking adjacent
thereto, alleys, public ways or
areas up to the center line of said
ways free of any weeds and to keep
grasses on said land mowed so that
said grass is less than eighteen
(18) inches in height.
(c) Each owner and each person in the
possession or control of any lands
shall not allow any plant growth of
any sort to remain in such a manner
as to render the streets, alleys or
public ways adjoining said land
unsafe for public travel or in any
manner so as to impede pedestrians
Ordinance No. 89-3420
Page 2
or vehicular traffic upon any public
place or way.
(d) Where waterways or watercourses are
found upon any developed or
undeveloped lot, the owner or person
in possession or control shall keep
the flat or level part of the bank
of said waterway free of any weeds
and grasses more than eighteen (18)
inches in height.
Should such waterways or
watercourses be found within the
right-of-way of a street or alley,
the adjacent property owner or
person in possession or control
shall be responsible to keep the
flat or accessible portion of the
creek bank free of any weeds and the
grasses more than eighteen (18)
inches in height.
(e) No owner or person in possession or
control of any developed or
undeveloped lot shall allow plant
growth or the accumulation of plant
materials on such lot to remain in
such a state so as to constitute a
fire hazard. In no instance shall
cut plant material accumulations be
located within one hundred fifty
(150) feet of a building, structure,
recreation area (not including the
width of any intervening street) or
within one hundred twenty-five (125)
feet of a street right-of-way.
SECTION 2. That Chapter 34, Article III of
the Code of Ordinances of the City of Iowa
City, Iowa, be, and the same is hereby
amended by repealing Section 34-75 thereof,
and enacting in lieu thereof a new section
to be codified the same to read as follows:
34-75. Enforcement.
The weed official is authorized to
enforce the provisions of this Article and
to undertake the abatement of weed
nuisances. Such enforcement and abatement
may be accomplished by utilization of
administrative or municipal infraction
abatement proceedings as provided in
Chapter 24, Article VI of this Code,
Nuisances, or by prosecution of violations
hereof as misdemeanors. The costs of
abatement shall be recoverable as provided
in Section 24-107 of this Code.
SECTION 3. That Chapter 34, Article III of
the Code of Ordinances of the City of Iowa
City, Iowa, be, and the same is hereby
,JI
Ordinance No. 89-3420
Page 3
amended by repealing Section 34-76 thereof,
and enacting in lieu thereof a new section
to be codified the same to read as follows:
Sec. 34-76. Emergency control measures.
Notwithstanding any other provisions of
this article, whenever in the judgment of
the weed official , the fire marshal , or the
city engineer a property exhibits
uncontrolled weed growth which creates a
health, safety, or fire hazard, the weed
official may undertake immediate action to
abate said condition without prior notice
and opportunity for hearing. The costs of
such action may be assessed against the
property for collection in the same manner
as property tax. However, prior to such
assessment, the city shall give a property
owner notice by certified mail and the
opportunity for an administrative hearing
in accordance with the procedures of
section 24-105 of this Code.
SECTION 4. SEVERABILITY CLAUSE. If any of
the provisions of this Ordinance are for
any reason declared illegal or void, then
the lawful provisions of this Ordinance,
which are severable from said unlawful
provisions, shall be and remain in full
force and effect, the same as if the
Ordinance contained no illegal or void
provisions.
SECTION 5. REPEALER: All ordinances or
parts of ordinances in conflict with the
provisions of this Ordinance are hereby
repealed. These are: Ordinance No. 78-
2916, §§6, 8 & 9, 8/22/78; Ordinance No.
82-3061, §3, 4/27/82.
SECTION 6. EFFECTIVE DATE: This Ordinance
shall be in full force and effect from and
after its final passage and publication as
by law provided.
P•, sed and approved this 13th day of
Jie, 1':9.
(OR II>>
ATTEST: T'h U 2 k. ,k vile)
CITY LERK
Ap.r.ved j o Form
Legal Department
ai
It was moved by Ambrisco and seconded by Balmer that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
Kubby
Larson
McDonald
First Consideration
Vote for passage:
Second Consideration 5/30/89
Vote for passage: Ayes: Horowitz, Kubby, Larson, McDonald,
Ambrisco, Balmer, Courtney. Nays: None. Absent: None.
Date published 6/21/89
Moved by Courtney, seconded by Horowitz, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the first consideration and vote
be waived and the ordinance be given second consideration at
this time. Ayes: Courtney, Horowitz, Kubby, Larson, McDonald,
Ambrisco, Balmer. Nays: None. Absent: None.
ai
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 356-500C)
STATE OF IOWA )
SS
)
JOHNSON COUNTY )
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3420 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
13th day of June , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 21st day of June , 19 89 .
Dated at Iowa City, Iowa, this 29thday of June ,1989
'amo a Parrott, Deputy City Clerk
Cru('. O / — ✓Tor
-- OFFICIAL PUBLICATION - 31=75:-Enfortiment.-'— ---- ----- --r
The weed official is authorized to
ORDINANCE NO. 89-3420 enforce the provisions of this Article and 1
to undertake the abatement of weed
))�� AN ORDINANCE AMENDING CHAPTER 34, ARTICLE nuisances. Such enforcement and abatement
Printer's fee 37Qt III OF THE CODE,OF ORDINANCES OF THE CITY may beaccomplished by utilization of
OF IOWA CITY, IOWA, "WEED CONTROL;" BY administrative or municipal infraction
REPEALING SECTIONS34-73, 39:-75, AND 34-76. abatement proceedings as provided in
CERTIFICATE OF PUBLICATION ; THEREOF, ANO ENACTING NEN SECTIONS IN LIEU ,Chapter 24, Article VI of this Code,
' THEREOF TO BE CODIFIED THE SAME, CLARIFYING Nuisances, or by prosecution of violations
STATE''OF IOWA, iiohnson County, SS: THE PROVISION WHICH MAKES FAILURE TO hereof as misdemeanors. The costs of
CONTROL WEEDS A.NUISANCE, AND.PROVIDING.FOR abatement shall be,recoverable as provided
THE IOWA CITY PRESS•CITIZEN YEAR ROUND ENFORCEMENT OF WEED CONTROL to Section 24-107 of this Code.
REGULATIONS BY USE OF THE' NUISANCE SECTION 3d That Chapter 34, Article III of.
ABATEMENT PROCEDURES PROVIDED IN CHAPTER the Code of Ordinances.of the City of'Iowa
24, ARTICLE VI OF THE CITY CODE. City, Iowa, be, andthesame is hereby
-- - BE IT ORDAINED BY THE CITY COUNCIL OF amended by repealing Section 34-76 thereof,
I, THE CITY OF IOWA CITY, IOWA: and enacting in lieu thereof a new section
SECTION 1. That Chapter.34, Article III of to.be codified the same to read as follows:
Carol Barr, being duly sworn, say that I the Code of Ordinances of the City of Iowa Sec. 34-y6. Emergency control measures.
am the legal clerk of the IOWA CITY City, Iowa, be, and the same is herebyNotwithstanding any other provisions of
amended by repealImg'Section 39-.73 thereof,. this article, whenever in the judgment of
PRESS-CITIZEN,. a newspaper ,and enacting in lieu thereof a new section ' the weed official„ the fire marshal, or the
published in sold county, and that a to be,codified the same to read as follows: , city engineer a property exhibits ,
34773. Failure, to control weeds i uncontrolled weed growth which creates a
notice, a.printed copy of which is hereto + declared a nuisance, constitutes either a I health, safety, r fire hazard, the weed
attached, was published in said paper misdemeanor ora municipal infraction. official may undertake immediate ate a@r nonce
`
The failure of a abate said condi{ on without pribr notice
time (s), on the- followingperson owning, and opportunity fbe. rising. The costs of
controlling, or in possession of property „such action may be assessed against the
dateIs5. to observe any of the following property for collection in the same manner
requirements is hereby declared to be a i,as property tax. However, prior to. such
T nuisance, and shall constitute a-
V f.L,,,,P. g( 19gmisdemeanor or a.municipal infraction. . assessment, the cityshall give a property
and each person in. the owner notice by certified mail and the
I (a) Each owner
Possession. or control of any land opportunity for an administrative hearing
shall cut or . I in accordance with the .procedures of
otherwise destroy, in
SECTION 44-305 of this Code..
whatever manner prescribed by the
,a
A,AA weed official, all noxious weeds I SECTION 4. SEVERABILITY CLAUSE. If any of
,a — _ / thereon and shall keep said lands 1 the provisions of this-Ordinance are for
free of such growth. any reason declared illegal or void, then .
Legal Clerk (b) Each owner and each person in the lawful provisions, of this Ordinance,
g possession or centroT, of any which are severable from said unlawful
developed' or undecontroloped lot shall ' provisions, shall be and remain in full
be responsible to keep said lot force and effect, the. same as if the
Subscribed and sworn to before me. along with the parking adjacent I.Ordinance contained no illegal or: void
thereto, alleys, public ways or provisions.
/�� areas up to the center line of said I.SECTION 5. REPEALER: All. ordinances or
this ay Of D. ways free of any weeds and to keep parts pf ordinances in conflict with the
grasses on said land mowed me that provisions of this Ordinance are hereby
said grass is- less than eighteen repealed.. These are: Ordinance nNo.ee No.
i�4 I - q 2916, §§6, B &'9, 8/22/78; Ordinance No.
19 a /I (18) inches in height. 82-3061, §3, 4/27/82.
(c) Each owner and each person in the. SECTION 6, EFFECTIVE DATE: This Ordinance
possession or control" of any lands shall be in full force.and effect from and
�� i 0 / shall not allow any plant growth of I after its final passage and publication as
0.09 - any sort to remain in such a manner `by law provided.
Notary Public as to render the streets, alleys or 1 assed and approved this 13th day of
public ways. adjoining said land ,,j 1969:
_`'' `' SHARON STUBBS unsafe for nubile travel or in any " ,4
` ` manner so as to impede pedestrians
or vehicular traffic upon any public r OR
undeveloped lot, the
owner or person 30697 C T LEIAK
_ place or w
(d) Where waterways or watercourses are 11))
found upon . an developed or ATTEST: -k T4�a,,J
D
in possession.or control, shall keep '
- the flat or level June21;19a9•
- of said waterway free!of any weeds --"-" --- ___-------
_ ' and grasses more than eighteen. (18)
inches in height.
Should such waterways or
- watercourses be found within the
. - right-of-way of a street,or alley,
the adjacent property owner or
person in possession or control- •
shall be responsible to keep the
flat or accessible portion of the I
creek bank free of any:weeds and the
grasses more than eighteen (18) I
• inches in height. t
(e) Noowner or person inpossession or
control of anydeveloped or
undeveloped lot shall allowplant
growth or-theaccumulation of plant
materials on such lot to 'remain in
such a .state-so as to constitute-a
fire hazard.. In no instance shall
cut plant material accumulations be
__ _ _ .. _ - locatedwithinone hundred fifty
115O) feet of a building,structure,
recreation area (not including the
width of any intervening street)-or
within one,hundred twenty-five
{125)
feet of a street right-Of-way. -
SECT/ON.2. That Chapter'34,Article III of
the Code of Ordinances of the City of Iowa
City; Iowa,. be, and the same is. hereby -
'amended by-repealing Section 34-75 thereof,
;and enacting inlieu thereof a new section
dlo.becodified the same.to read as.follows:
7 fr'
\:`
ORDINANCE NO. 89-3421
AN ORDINANCE VACATING PORTIONS OF LAFAYETTE
STREET.
WHEREAS, vacation of the rights-of-way described below
will facilitate development of a tract of land located Immediately
west of Ralston Creek and east of a north-south alley between
Dubuque Street and the creek, together with a tract of land
located east of Ralston Creek and west of Gilbert Street; and
WHEREAS, the westerly segment of Lafayette Street has
never been Improved and, while this segment of the rightof-
way provides public utility access, this segment provides no
vehicular or pedestrian access to adjacent properties; and
WHEREAS,although the easterly segment of Lafayette Street
is improved and provides utility access and pedestrian and
vehicular access to a parcel north of this segment, pedestrian
and vehicular access to this parcel may be achieved via
Gilbert Street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE IOWA CITY, IOWA:
SECTION I VACATION. That the City of Iowa City hereby
vacates those portions of Lafayette Street legally described as
follows:
That portion of the Lafayette Street right-of-way lying
between a line parallel to and 210 feet east of the
centerline of Dubuque Street, said line being the east line
of the north-south alley in Block 18, County Seat Addition
and a line parallel to and 335.50 feet east of the centerline
of Dubuque Street; and
That portion of the Lafayette Street right-of-way lying
between a line parallel to and 480.50 feet east of the
centerline of Dubuque Street to the west right-of-way line
of South Gilbert Street.
SECTION II. REPEALER. All ordinances and parts of
ordinances in conflict with the provisions 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. EFFECTIVE DATE. This Ordinance shall be in
effect after its final passage, approval and publication as
required by law, and shall be recorded in the Johnson County
Recorder's Office.
Passed and approved this 27th day of June,
1'89.
I; % a,�&
iTYOR
•
ATTEST: jher,epAD ye. 7tRio)
CRYCL K
Approved as to Form
Legal Department
h-7�q
It was moved by Ambrisco and seconded by Horowitz that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
First Consideration
Vote for passage:
Second Consideration 6/13/89
Vote for passage: Ayes: Ambrisco, Balmer, Courtney, Horowitz,
Kubby, Larson, McDonald. Nays: None. Absent: None.
Date published 7/5/89
Moved by Balmer, seconded by Ambrisco, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the first consideration be waived
and the ordinance be given second consideration at this time.
Ayes: McDonald, Ambrisco, Balmer, Courtney, Horowitz, Kubby,
Larson. Nays: None. Absent: None.
as
CITY OF IOWA CITY
CMC CENTER 410 E. WASHINGTON ST, IOWA CITY, IOWA 52240 (319) 356-5COO
STATE OF IOWA )
)
) SS
)
JOHNSON COUNTY )
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3421 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
27th day of June , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 9th day of July , 19 89
Dated at Iowa City, Iowa, this 3rd day of August .19 89
�9 Yea
Parrott, Deputy City Clerk
a na
•
Printer's fee 1/fD•38
CERTIFICATE OF PUBLICATION OFFICIAL.PUBLICATION
STATE OF IOWA,Johnson County, ss: ORDINANCE NO. 89 '
THE IOWA CITY PRESS-CITIZEN AN ORDINANCE VACATING POAYCMS OF LAFAYETTE
STREET. •
WHEREAS,vacation d the rights-0140y oasenbed��.__k;rw,.
will tacState development d a trait d Nndiocat�'tn"".""`My
west of Ralston Creek and east of a north1Sault ail between
buquo Street and the creek,beget sees
Iand
tuwed east of Reston Creek and west of f3Yteit'Sniir.and
WHEREAS. the we570ny segment d l_ffiflya1K Sahfen has
_ Carol Barr, being dulysworn, saythat I never been i`rtDiOved and.while this segment d ZM�M-d-
way p,oddes public utility access,this segment prw�es no
am the legal clerk of the IOWA CITY vehicular Or pedestrian access to adjacent pope`ties;and
PRESS-CITIZEN, a
WHEREAS,although the easterly segment Lafayette Street
newspaper �s improved and provides unity access and pedestrian and
published in said county, and that a vehicular access toaparcel north athhsa rVn
and Vehicular access t0 this parcel may
ia
notice, a printed cony of which is hereto Wioen StreetTHEREFORE.
NOW. THEREFORE. BE fT ORDAINED BY THE CITY
attached, was pul .d in said paper A WCfTY,IOWA
SECTION I VACATI WA That the
Streeof lame CV t legalN 'bed as
__L _ time( on the following COUNCIL OF THE IOLafayette date(s): vecatesthose portions of' That portion of the Lafayette Streettt+rev b,n9
between a line pararte1 to and 210 suet of the
f / /9A29
^ centerline .Dubuque M it Street,nBlsaid Ilea klQ the east Don
A2Y d the nocenterline
of ub alley 35 50 County Seat Additionftlin
and a line pannier to and 335 50 feet or dine coalmine
d Dubuque Street,andThai `4
reet rightiol-way lying
ai•41-6.6fe:14-As---,
betweennhaorline parallel o and of the Lafayette S14B0.50 feet east of theCA Sonne a Dubuque Street to the west ngmvferay One
a South Gilbert Street.
SECTION II REPEALER. All ordinances and parts of
Legal Clerk ordinance,Innieconfect with the provlsbna of this Ordnance are
eOy dal
. SECTION Ill. SEVERABILITv it any sectroProvision vrB r
Subscribed and sworn to before me
d the ordinance shall be adludgsd
unconsettilonal,such adjudication shall not affect the vdiOM
of the Ordnance as awhole or any section,
P' n
(Ston Of pa
thereof iK4 adludgad lmo
SECTION ty EFFECTIVE DATE. This Ordinance Shen be in
this day Of A.D. enact Me( as final passage, approval and pubicabon as
'squired by law,and shall be recorded in the Johnson County
Recode's Office.
19g# e
.
. 0 Passed and approved this 27th day of June,
• 1.89.
Notary Public /'AYOf
c`'e SHARON STUBBSATTEST}
CI f C RK
30916 July 5,1989
Dcz, .
ORDINANCE NO. 89-3422
AN ORDINANCE AMENDING CHAPTER 23, ENTITLED
"MOTOR VEHICLES AND TRAFFIC", OF THE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY
AMENDING SECTION 23-189 THEREIN TO CHANGE SPEED
LIMITS ON PARTS OF NORTH DUBUQUE ROAD AND SCOTT
BOULEVARD
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY,
IOWA:
SECTION I. That Chapter 23, "Motor Vehicles and Traffic° of
the Code of Ordinances of the City of Iowa City, Iowa, be, and
the same is hereby amended by repealing Section 23-189, and
enacting in lieu theeof a new section to be codified the same
to read as follows:
Sec. 23-189. Exceptions to speed limits.
Upon the basis of an engineering and traffic investigation,
the following maximum speed limits are hereby determined and
declared reasonable on the following streets or portions of
streets, when signs are erected giving notice thereof.
Max.
Speed
Limit
Name of Street (MPH) Where Limit Applies
Benton Street 35 From the intersection of
Keswick Drive to the
intersection of Mormon Trek.
Dubuque Street 35 From a point just north of the
intersection with Kimball Road
north to the city limits.
First Avenue 25 From the intersection of
Bradford Drive south to the
intersection of U.S. Highway 6.
Gilbert Street 30 From the intersection of
Burlington to a point one
thousand eight hundred (1,800)
feet south of the intersection
of Highway 6.
Gilbert Street 35 From a point one thousand
eight hundred (1,800) feet
south of the intersection with
Highway 6 south to the city
limits.
Iowa Highway 1 50 From a point two hundred
(200) feet southwest of the
Intersection of Sunset Street to
a point one thousand nine
hundred (1,900) feet west of
Miller Avenue.
a3
Ordinance No. 89-3422
Page 2
Iowa Highway 1 45 From a point one thousand
nine hundred (1,900) feet west
of the intersection of Miller
Avenue to a point two hundred
and fifty (250) feet west of
Miller Avenue.
Iowa Highway 1 35 From a point two hundred and
fifty (250) feet west of Miller
Avenue to a point two hundred
(200) feet west of Orchard
Street.
Iowa Highway 1 30 From a point two hundred
(200) feet west of Orchard
Street to the intersection of
U.S. Highway 6, 218 and
Highway 1.
Iowa Highway 1 25 From its intersection with
(Burlington St.) Highways 218 and 6 to a point
150 feet east of Van Buren St.
Iowa Highway 1 45 From the intersection of N.
Dubuque Road to a point six
hundred (600)feet south of the
City limits.
Iowa Highway 1 55 From a point six hundred (600)
feet south of the city limits to
the city limits.
Melrose Avenue 35 From the intersection with
Emerald Street west to the west
city limits.
Mormon Trek 35 From the intersection of
Melrose Avenue to the city
limits.
Muscatine Avenue 35 From a point one hundred
(100) feet east of the
intersection with Juniper Drive
to the city limits.
North Dubuque 35 From the intersection of Iowa
Road Highway 1 (Dodge Street) to
Scott Boulevard.
Park Road 25 From the intersection with
Rocky Shore Drive east to the
intersection with North
Dubuque Street.
Rochester Avenue 35 From the intersection with First
Avenue east to the city limits.
Rohret Road 35 From the intersection with
Mormon Trek Boulevard west
to the City limits.
Ordinance No. 89-3422
Page 3
Scott Boulevard 35 From the intersection with
North Dubuque Road south to
U.S. Highway #6.
Sycamore Street 30 From the intersection with U.S.
Highway 6 south to Gleason
Avenue.
Sycamore Street 30 From the intersection with
Burns Avenue south to the city
limits.
U.S. Highway 6 55 From the city limits to a point
five hundred (500)feet west of
Heinz Road.
U.S. Highway 6 45 From a point five hundred
(500) feet west of Heinz Road
to a point five hundred (500)
feet west of Fairmeadows Blvd.
U.S. Highway 6 40 From a point five hundred
(500)feet west of Fairmeadows
Blvd. west to a point four
hundred and fifty (450) feet
east of Keokuk St.
U.S. Highway 6 35 From a point four hundred and
fifty (450) feet east of Keokuk
St. west to a point seven
hundred (700) feet east of the
intersection of U.S. Highway 6,
218 and Iowa Highway 1.
U.S. Highway 6 30 From a point seven hundred
(700) feet east of the
intersection of U.S. Highways
6, 218 and Iowa Highway 1
west and north to a point one
thousand one hundred fifty
(1,150) feet west of the
intersection with Riverside
Drive.
U.S. Highway 6 35 From a point one thousand
one hundred fifty (1,150) feet
west of the intersection with
Riverside Drive west to the city
limits.
U.S. Highway 218 50 From the south city limits to a
point one thousand sbc hundred
(1,600) feet north of the south
city limits.
Ordinance No. 89-3422
Page 4
U.S. Highway 218 45 From a point one thousand six
hundred (1,600) feet north of
the south city limits to a point
eight hundred (800)feet south
of the intersection with U.S.
Highway 6 and Iowa Highway
1.
U.S. Highway 218 30 From a point eight hundred
(800) feet south of the
intersection with U.S. Highway
6 and Iowa Highway 1 north to
the intersection with U.S.
Highway 6 and Iowa Highway
1.
SECTION II. REPEALER. All ordinances and parts of
ordinances In conflict with the provisions of this Ordinance are
hereby repealed. These are: Ord. No. 77-2835, § II, 5-10-77;
Ord. No. 78-2929, §2, 10-24-78; Ord. No. 81-3030, § 2, 7-28-
81; Ord. No. 82-3059, § 2, 4-27-82; Ord, No. 83-3156, § 2, 10-
25-83; Ord. No. 843168, § 2, 1-17-84; Ord. No. 84-3190, § 2,
6-19-84; Ord. No. 84-3192, § 2, 7-3-84; Ord. No. 85-3221, §2,
1-15-85; Ord. No. 85-3235, §2, 5-21-85; Ord. No. 86-3306, §2,
12-16-86; Ord. No. 86-3307, § 2, 12-16-86; Ord. No. 87-3317,
§ 2, 4-21-87.
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 V. EFFECTIVE DATE. This Ordinance shall be In
effect after its final passage, approval and publication as
required by law.
Passed and approved this 27th day of June,
19:9.
PAYOR
ATTEST: IA , . 4_,. A . - 4/
C CL -K
Appr eda Form
� a 6/7/57
et7b
Legal Department
D J
It was moved by Balmer and seconded by Ambrisco that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Ambrisco
Balmer
Courtney
Horowitz
Kubby
Larson
McDonald
First Consideration 6/13/89
Vote for passage: Ayes: Larson, McDonald, Ambrisco, Balmer,
Courtney, Horowitz, Kubby. Nays: None. Absent: None.
Second Consideration
Vote for passage:
Date published 7/5/89
Moved by Balmer, seconded by Ambrisco, 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: Larson, McDonald, Ambrisco,
Balmer, Courtney, Horowitz, Kubby. Nays: None. Absent: None.
CITY OF IOWA CITY
CNIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
STATE OF IOWA
) SS
JOHNSON COUNTY )
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3422 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
27th day of June , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 5th day ofJuly , 19 89
Dated at Iowa City, Iowa, this 3rd day of August ,19 89 .
'a • a Parrott, Deputy City Clerk
OFFICIAL PUBLICATION --
Sycamore Seed 33 FmmanabnaamrMUS ,
ORDINANCE NO, 89-3427 HgMay a earl lo Gum
Annus
• AN ORDINANCE AMENDa4O, Si ENTITLED
'MOTOR VEHICAO lilpr
ffi ANThe CODE,OF Sycamore Street 58 From fir Intersection wth
ORDINANCF_S1QF THE' OF 'C1TW IOWA, BY Burns Avenue south to the dry
AMENDING MICRON 231119 THEREIN TO.CHANGE SPEED .
ULBMS ON HMS OF NORTH DUBUQUE ROAD AND TT US.Highway 6 55 From Me Hits b e puha
BOULEVARD". - five hundred(500)feet welt of
. BE.IT ORDAINED BY THE CRY COUNCIL OF IOWAOXTY, Hent Reed
IOWA: .y.
SFC11RN L Ther CMptr 22'Motor Vendee W Traits 1 U.S.Highway 8 45 From a Pad five hundred
the Cooed Ordinances of the CW d kap Cay,Iowa Wald (MO)lar wed of Hahn Road
I the erns Is hereby emended by repay Sedge 23.188,W to to point five hundred(500)
rMCeg In Bee Meal a new eaan n to be COdied Ne erns feel west d Fabneadaw'a BNd
to redl'a•tdk2•va:
Sac.9186.Exceptions to mood ernes - U.S..Highway 6 40 From a pat Me hundred
Upon to baste of an engineering d daft hwaeBm
pe/ , (500)feel waadrpmWdaea
the Waving mmamum speed Mas are hereby daartdnad and , Bed. to a pod/ kir
ctb
dead raseMbM m TM foeawhgwn aor pdalc,s d i hated and My ('� Me
S
I
was when signs Mee ed gears notice thereof.v ears a Keokuk a
Speed U.S..Highway6 35 From a paid tour hundred and
Limit
Name a Street Mn WbUma Amaeq
Baeast al Kedruk
$wM b a pose seven
hundred(TOO)
Bernal 95Flom the hhreabedn Cl Net east of Me
Printer's fee`»/.!J•// Keswick Drive to the erertanbnau.S.Ngnway 6,
kereealon at Nation Trek i 218 and love Highway 1.
1 CERTIFICATE OF PUBLICATION Dubuque Street 35 Fnmadd
jutrctl ctfthhe U.S..HIghvey6 30 F(2oommaablautehundred
the
STATE OF IOWA, Johnson County, ss: mmto the ayWEL idaraaamnCUS.wew,eya
6,215 and Iowa Highway I
THE IOWA CITY PRESS-CITIZEN , , FAatAvenw 25 From the Idrsedbrr a west W noon toepoint one
Bradford Dnp eat to M thousand one hundred dory
btretlbna U.S.Hlywey S. (1,150) feel wed a the
Merman, worn Avenge
Oaten Seae1 30 From the sMsadi o d Drive.
Burlington to a point on
anwrd ace hundred Ong U.S.Highway 6 35 From a pond one thousand
I • See south a the hearaacon one hundred ray(1.154 fete
Carol Barr, being duly sworn, say that I aHphweye RnNrsideo Doa rsectgo o
am the legal clerk of the IOWA CITY Gliban3ba14 35 ;,yt""' aaapryed poet ore Ihotwerd limas.
PRESS-CITIZEN, a newspaper wmad iris Wlseamph us.Highway 218 50 From the south dry ansa to
Hghwey 8 adpl to die ay pare and touseno M handed
published in said county, and that a WNW (1.6m)feet north athe south
notice, a printed copy of which is hereto Iowa Highway . 50 Fenn a pe .two moreda%hnt°s
(2 5 l491 a0ndrw'ed a ore US.Hrssay 218 45 From a pond era mast lar
attached, was published in said paper Wer•adb dsuhed aaedb hundred(1.633)feel man of
time(s), w tid
on the following • poet ow nine the south dy limits to•ed(WO)feet toin
—f-- hundred(1,900)led a wed a
date(s): Mayr Avenue. at ma ysenadan watt U.S.
elghow 6 W lows Highway
p..0<c{
lop Highway t '45 Fran a Porth ane teased - 1,
C /7 ry9enshuiM1ad(1,BOw)Mr wed.4 d TM Ysrwdlar Oa I U.S.Highway 218 30 From a pert eight hundred
Avenue to aped M hundred (800) feel south tlM
W Ru r�0) fed vise d
o"wW U.S.Ngtway
Mite
ay
Awns. B and Iowa i1 MM to
Intersection wet U.S.aZeffiVS/(A..2loud Highway 35 From apeke
two laaOwdand I Hg1wHe end lord Highwayl;NN
Avr•ba ewedwodIwdedMllferI
ROO) Yr no. a 901rd I SECTION It. REPEALER. AI ardharsee Or ped of
Legal Clerk Sump• 4 I ordinances in coded well the provisions den Whamsaie
g - hereby repealed. These are:Ord.No.774835,91I,51041;
� 'idea Hghaoyil, 0O Fmm a ped tar nandrad Ord.No.]8928,12,11524]8;Ord No:813030.4 2,].28-
WWI Subscribed and sworn to before me Snne b Yh� ~ OmlNa , 25. Ofd. 82-3055.48,62,I-17, 4;.NoOrth o.e4-3,42,0.
Ilr tR218 u.S'f;ON.No.843168,4 2 1-1]34;ON.No.813180,4 2,
U.S 1YphwlN,a. 219 W 6-1384;Ord No..85 5.4 2]334:Ord.Na 853221,52,
IOBIhw'ap 1. 1-1545;Ord No.853235,.4 2 52185,Ord.Na 863306,52
12-18-86;OM.No.86330],42„124636;Ord.No.823317,
this day of A.D. owe bony
25 From aaMwaan do oc 42441-8).
—' (gY(Ynglpa SLI Wyways 216 and 6 toa Pat SECTIONIII. SEVERABILITY. a any shalom,provision or pert
gI., 150 feet end a yen Boren SL dor oNiMnce site M alrydaed t oo bvad m
19axo rramel,as a„mu,wmn area nor rcm tM cc an
i Ion NigMa/I. 45 From the haerwctiarr a N. of me Gramme az a wttde o ay shorten,prwteim opts
• •
("XIV.,Road to a Pun_ase thereof not adjudged invalid or unconstitutional.
hugged 800)fwaeat Oland SECTION V. EFFECTIVE PATE..This Ordinance she M In
.Ja - I My encs Mea as as final page, approval and publiwion ea
reputed by law.
lase Highway 1 55 Frans so hunind(DM passed And approve]this 27th day of June,
�,;`,�
aNotary Public rel eat,p, 11.ay Mrb 19e•
me and I Al
,
SHARON STUBAS �L P, "9 41
Melmed Avenue 35 From Ow Ytrwdlm with
EmealdSb9rlvedtotewed „/ OR
- Momhon Trek 35 Frem the Interwctbn of
Melrose Averse to the ay ATTEST ._
amts._ CITY RK
Muautne Avenel 35 Fran a pea one hated 30915 July 5,1989
(1a) tem oast h to ___ __
htweeaon ism Jumper oral
to Me ay Was.
North Dubuque 35 From NI Ymwaobn 0110408
Road Highway'1 (Dodge Street)to •
Scott BOUkved,,.
Park Road • 25 From the Intersected with
. Rocky shot Dune wet lel hue
, Intersection with. North
Dubuque Sued. ,
RocMraf Avonua• '33 From the imerMaalvSFM
Avenue east t(eM cWJem6..
t 'PAsian to1'ldalaei-le with
Witt Rued ffi
Mange Trak Boulevard wed
I to the Cay Brad
Sone Batevenl SS From the iftersecilon welo
Nolen Dads Rood south to
U.S.Highway A6.
LAA L
b
ORDINANCE NO. 89-3423
ORDINANCE VACATING A PUBLIC WALKWAY EASEMENT
WITHIN PEPPERWOOD ADDITION, PART 2.
WHEREAS, the City of Iowa City has previously approved
preliminary and final plats for Pepperwood Addition, Part 2;
and
WHEREAS, a 10 foot wide public walkway easement was
granted across Lots 26, 27, 46 and 47 of Peppenvood
Addition, Part 2; and
WHEREAS,the owners of Lots 27,46 and 47 of Pepperwood
Addition, Part 2 have requested that said easement across
Lots 26, 27, 46 and 47 of Pepperwood Addition, Part 2, be
vacated as no longer necessary to circulate pedestrian traffic;
and
WHEREAS, said easement, In conformance with Section 32-
54(a)(6) of the City of Iowa City Code of Ordinances, is
intended as part of an Intra-neighborhood pedestrian
circulation system facilitating travel within the development and
access to recreational and commercial facilities outside the
development; and
WHEREAS, the Department of Planning and Program
Development, in a staff report dated May 18, 1989,
recommended denial of the vacation application; and
WHEREAS, on May 18, 1989, the Planning and Zoning
Commission,on an affirmative motion to recommend vacation,
voted one in favor,four against (Clark voting in the affirmative).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. VACATION. That the City of Iowa City hereby
finds the walkway easements are no longer appropriate for
pedestrian traffic and serve no public purpose, as originally
anticipated; and that the ten foot wide public walkway
easement across Lots 26, 27, 46 and 47 of Pepperwood
Addition, Part 2, should be and hereby are vacated.
SECTION II. REPEALER. All ordinances and parts of
ordinances in conflict with the provisions 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. EFFECTIVE DATE. This Ordinance shall be in
effect after its final passage, approval and publication as
required by law, and shall be recorded in the Johnson County
Recorder's Office.
P. ed and approved this 11th day of July,
1'r.9.
YOR
ATTEST: jY�(�ncir4.0 W.
C TY CLERK
Approved as to
Form
Legal Department
It was moved by Larson and seconded by Balmer that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
Larson
_ McDonald
First Consideration 6/27/89
Vote for passage: Ayes: Larson, McDonald, Ambrisco, Balmer,
Courtney, Horowitz. Nays: Kubby. Absent: None.
Second Consideration
Vote for passage:
Date published 7/19/89
Moved by Larson, seconded by Balmer, 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: Kubby, Larson,
McDonald, Ambrisco, Balmer, Courtney. Nays:
Horowitz. Absent: None.
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY. IOWA 52240 (319) 356-5CCO
STATE OF IOWA
) SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3423 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
11th day of July , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 19th day of July , 1989 •
Dated at Iowa City, Iowa, this 3rd day of August ,1989
fib il,t/ `�G -
am a Parrott, Deputy City Clerk
•
Printer's fee a
CERTIFICATE OF PUBLICATION OFFICIAL PUBLICATION
STATE OF IOWA• Johnson County. ss: ORWNN4CENO. 8?=3423
THE IOWA CITY PRESS-CITIZEN ORDNANCE VACATING APUBLIOWALKWAYFAYEMENT '
WITHIN PEPPERWDOD ADDRION,PART 2.
WHEREAS,the Dry of Iowa Cly has previously approved
preliminary and final plate for Pepperwood Addition.PM 2;
and
WHEREAS,a to toot wide public walkway moment was
I
grants across Lots 26, 27. 46 and 47 of Peppin/400d
Amnion.Part 2;and
Carol Barr, being duly sworn, say that I W EREAS,tee owners of Lots ZZ,46 and mol PeppeMvm
Addition,Part 2 have requested that said easement pose
am the legal clerk of the IOWA CITY tae 26.27,46 end 47 of Pepperwood Addition,Pan 2.be
PRESS-CITIZEN, a newspaper. Vacated as no longer necessary to circulate pedestrian bac;
am
published in said county, and that a wNEREns.said easement,in conformance with Section 32-
N6066 of the CM of Iowa Cay Code a OrrAnemes, a
notice, a printed copy of which is hereto intended as pan of an Imra,reialbamam pedestrian
circulation system fadlnating travel within the development end
attached, was published in said paper access to recreational and commercial facilaiee amsi o me
/ time(s), on the following
development;and Department of Vanning ed Program
date(S1: Development, In a staff report dales May 16 1989,
recommended denial of the vacation application;and
9 /T }(��'y/ WHEREAS. on May 18, 1989, the Planate and Zoning
7 /�s/ / Oommine on
voted one Mfavor,fourmatts (Clark totingIn then vacation,
NOW, THEREFORE. BE IT ORDAINEDBY THE CITY
COUNCIL OF THE CRY OF IOWA CRY,IOWA:
SECTION I.VACATION. That the City or lows Cay hereby
finds the walkway easements are no longer a prophase.for
_ )
pedestrian tang the serve no foots wide public'
as oialkw y
anti/L!`L/tel
easement
me that the ton loot wide of Pepp walkway
Aa5enlnm arr2.s Las 26,and
hereby
and e W edpperwooq
Addition,Part 2, PEARaml orbyencveined.
Legal Clerk SECTIONaII. REPEALER. pr ordinancesth End parts eof
ra ordinances alcOmlid with the provisions of thU Or0a11ni ere.
hereby TI N Ii.SEVERABILITY.
Subscribed and sworn to before me •
SECTION IeR shallTY. 11 djudgeny d prbe Ir' l pan
b tna Ordinance dull be en stall to a e or
of teOrdnac suchs a wore orianmattrot prep bn� Of part of the not Ordinanceasinvalide or anconatonp wpm
•��(f ' thereof N adjudged or unconstitutional
this ^ dfly of + A.D. SECTION N EFFECTIVE DATE. This Ordinal be in
even Biter Cs final passage, approvalIendentl e.Mn as
required bylaw end shall be recorded in the Jtlxaon Courcy
Recorder's Office.
I9 I Passed andeppraed this 11th day of Suly,
g r
• Notary Public ADR
ATTEST:'yete �.7e' 7e,,,,4;;� `'. SHARON STUBBS CITaCLEAK
31149 _ July 19.1989
ORDINANCE NO. 89-3424
AN ORDINANCE AMENDING CHAPTER 36, ENTITLED
'ZONING ORDINANCE' OF THE CODE OF ORDINANCES OF
THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTIONS
36-4 AND 36-56 THEREIN TO ELIMINATE CERTAIN CHILD
CARE PROVIDERS FROM THE ZONING ORDINANCE
REGULATIONS FOR CHILD CARE FACILfTIES AND TO
EXTEND THE HOURS OF HOUSE CALLS FOR HOME
OCCUPATIONS.
WHEREAS, the Zoning Ordinance presently defines child
care facilities as all those facilities licensed or registered by the
State where children are cared for; and
WHEREAS, this definition was adopted at a time when child
care providers who cared for six or fewer children were neither
required nor encouraged to register their operations with the
State; and
WHEREAS, such providers are now being encouraged by
day care provider groups and parents to register their
operations with the State; and
WHEREAS, the intent of the Iowa City Zoning Ordinance
was to not regulate such small providers but to treat them as
home occupations; and
WHEREAS, the hours of house calls for home occupations
are presently set between 8:00 am. and 9:00 p.m.; and
WHEREAS, a change of hours for house calls for home
occupations beginning at 7:00 a.m. and ending at 10:00 p.m.
to accommodate child care providers should not adversely
affect residential areas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF
IOWA CITY THAT:
SECTION I. That Chapter 36, 'Zoning Ordinance" of the Code
of Ordinances of the City of Iowa City, Iowa, be, and the same
is hereby amended by repealing Section 36-4(c)(3) and
enacting in lieu thereof a new section to be codified the same
to read as follows:
Section 36-4(c)(3). Child care facility. State licensed or
registered facility where more than six (6) children are
temporarily left with attendants. Any establishment which
receives any number of children after 10:00 p.m. and before
7:00 a.m., is defined as a child care facility and as such is
state licensed or registered.
SECTION II. That Chapter 36, 'Zoning Ordinance' of the Code
of Ordinances of the City of Iowa City, Iowa, be, and the same
is hereby amended by repealing Section 36-56(b)(4)c. and
enacting in lieu thereof a new section to be codified the same
to read as follows:
Section 36-56(b)(4)c. Any exterior display, exterior storage
of materials, signs (except as otherwise permitted), house calls
after 10:00 p.m. or before 7:00 a.m., or other indication from
the exterior that the dwelling unit or accessory building is
being used in part for any use other than that of a dwelling or
accessory building for purely residential purposes.
SECTION III. REPEALER. All ordinances and parts of
ordinances in conflict with the provisions of this Ordinance are
hereby repealed.
Ordinance No. 89-3424
Page 2
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
required by law.
Passed and approved this 11th day of July,
198' .
/'AYOR
ATTEST: ��1 .i?t c� u
CITY CLERK
Approved as to Form �, ,
Le.:I Department
6-- P9
.25
It was moved by Balmer and seconded by Horowitz that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
First Consideration
Vote for passage:
Second Consideration 6/27/89
Vote for passage: Ayes: Horowitz, Kubby, Larson McDonald,
Ambrisco, Balmer, Courtney. Nays: None. Absent: None.
Date published 7/19/89
Moved by Balmer, seconded by Kubby, that the rule requiring
ordinances to be considered and voted on for passage at two
council meetings at which it is to be finally passed be
suspended, the first consideration be waived and the
ordinance be given second consideration at this time.
Ayes: Courtney, Horowitz, Kubby, Larson, McDonald,
Ambrisco, Balmer. Nays: None. Absent: None.
CITY OF IOWA CITY
CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5030
STATE OF IOWA
) SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3424 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
11th day of July , 1989 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 19th day of July , 1989
Dated at Iowa City, Iowa, this 3rd day of August ,19 89
�C\�Ga
�Y•r�8�e_/
Rna Parrott, Deputy City Clerk
`
` OFFICIAL PUBLICATION
-
' ORDINANCE NO.89-3424
AN ORDINANCE AMENDING CHOREA 36, ENTRLED .
'ZONING ORDINANCE'OF THE CODE OF OROWeNCE6 OF
r THE CRY OF IOWA ON.IOWA.BY AMENOMO SECTIONS
364 AND 3Gb6 THEREIN TO ELIMINATE CERTAIN CHILD
' Printer's feed CARE PROVIDERS FROM THE ZONING ORDINANCE
• REGULATIONS FOR CHtO CARE•FACILIREs AND TO
, EXTEND THE HOURS OF HOUSE CALLS FOR HOME
• CERTIFICATE OF PUBLICATION OCCUPATIONS.
STATE OF IOWA.Johnson County. ss: WHEREAS.ma zoning Oro v ca praeadN alines had
rare ledges ea aldose realise licensed a regmaree Ey da
THE IOWA CITY PRESS-CITIZEN State where aroma are cared la;and
WHEREAS.PM definition was adopted name Mien WW
care pwdne who cereal for sh or Int children were neither
. eaa nor.encoutagad to register thWre.Pperarwith the
. ! eqlWSlat and `� `�
WHEREAS.Gish provides harm eroasagea by
• • dry may provide.groupie SM Pnenr,b a ser tier
I. •operators YAM the Sar:and . a. .
WHEREAS,the Mem a the lows Coy Being Odnanca
Carol Barr, being duly sworn, say that I •� &a small provides 4r to trea°em ale
am the legal clerk of the IOWA CITY WHEREAS.the Nan of house cells home co:0mb e
PRESS-CITIZEN, a newspaper wHHERG'EAS,ac CeMieen100 for ern. atstorlme
ppublished in said count and that a 'occupatambeginning et Wam.em en10i00pn`
Y. - to accommodate am,1 erne pEMxIG Inoue not ewenely
notice, a printed copy of which is hereto ora reeieneis rea
•attached, was published in said paper IOWA cmIRAA °�'"�R WANED BY THE CITY OF
/ time(s), on the followingSECTION` TTM Mwr
Medd ea' gOeda ravar de Code
.dOhd Ordinances CIg
the Gy,bele,be.and the erne
date(s): Is
enfolded a 35-4(c)(3) and
in t.Naal m be edie
�/J1 /} /y� •
to read as laws:
/7 �f� /! /�,/ Sacha ad(rl(71. re es /MI Y. Slate hadren or
,;.,.// miaowed faddy6-4(0.where Child
ffGA a (6) children are
�[ / temporarily NII with.tenons A9'eslap.mand HNch
nye!Gel number a caked a low P.m and and Snag
iW re eeaMadM a Cain ala litat and al culla
stele a rediaerem.
�� of ORDN I w Oa lR Zaay Oaklaws and
to Come
Is WNW Named.°Caw dry recon Cpeate be.aidthe Mr
r Ming I kWheat n w lingm Seats 38•8811401coaled the and
enacting In kW anav mew gtie coaled the aeras
• Legal Clerk aeamae n34.53b
Section 3G6ME1(A)p any Veda s parnn ealenor morose
a maurW4 sins(except se a .mesas pemYro.house calls
Subscribed and sworn to before me 309 Rm a brae LO am„a Iry Indication from
n9 Wend rah t a WNu'ee 11'A tb accessary crl•W Wing r
/ "' bang YIam MpM to erg LLYaaarIM V1epoe dwelling or
accessoryECtiON I. EA1rn and oenences d'
.. this )4••• day of 4........._ , AM. oECaON an codex
wall rE aonsOKee moa parts a
ordinances m coMlo wNtEP provisions Of tl Ordnance are
/ hada.repealed. ,
19n i- •
, // DFCNONJV sEVENABcnt by seam,I+ovisan or pan
' 01 meD Ordinance can be adjudged to be invalid of
unconstitutional DOI edWdcano,shall not dad de vadry
I A—.1.....swat. .. ci the O,tfaance eS a wade or any seam emotion or part
• — thereof all adjudged invalid a unamlubnn
Notary Public $EC11ON V. EFFECTIVE Dg3E. TNM Order saes be M
, Plied et M Mal peasge, ewpnoeal a1d TatMcetan ale
•
FYI.;
' required by rel. •
SHARON STUBBS . 1.e9 ee w approved Ns 11th cloy el Jelly.
ATTEST! CIER CRY .a `I41).4)H - .4)
31148 July 19,1909
ORDINANCE NO. 89-3425
ORDINANCE APPROVING OBERLIN ESTATES, AN
AMENDED PRELIMINARY AND FINAL PLANNED
DEVELOPMENT HOUSING (PDH) PLAN FOR A PORTION
OF COURT HILL-SCOTT BOULEVARD ADDITION, PART VII,
AND A PRELIMINARY AND FINAL PDH PLAN FOR LOT 100
AND THE NORTH 5.60 FEET OF LOT 101 OF COURT HILL-
SCOTT BOULEVARD ADDITION, PART VI, IOWA CITY,
IOWA.
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, THAT:
SECTION I. APPROVAL. Subject to the terms and conditions
of the attached Developer's Agreement, the PDH Plan for
Oberlin Estates, submitted by Pat Moore Construction Co., and
legally described below, is hereby approved:
Lot 100 and the north 5.60 feet of Lot 101 of Court
Hill - Scott Boulevard Addition, Part VI, and Lot 106,
122-124 of Court Hill -Scott Boulevard Addition, Part
VII, Iowa City, Iowa.
SECTION II. VARIATIONS. Section 36-47(a) of the Zoning
Ordinance permits flexibility in the use and development of
structures and land where such variations from the
conventional requirements from the underlying zone will not be
contrary to the purpose and intent of the Zoning Ordinance,
not be inconsistent with the Comprehensive Plan, nor be
harmful to the neighborhood in which located. The following
variations from the conventional requirements of the RS-8 zone
are found to be consistent with these standards and are
approved as a part of this Plan. The variations permit:
A. The construction of four (4), single-story, two (2) unit
condominium dwellings. The project is designed with
consideration for surrounding residential land use
patterns. With single-family dwellings and similar
condominium units to the north, and four (4) unit
apartment buildings to the south, the proposed
condominium dwellings oriented onto a "horseshoe"
shaped private drive provide an appropriate and suitable
transition of residential land use along Oberlin Street.
B. The clustering of dwelling units on a smaller area of the
tract, which results in greater efficiency of development
without exceeding the maximum permitted density of the
underlying zone. The proposed PDH Plan results in a
development density of 4.8 dwelling units per acre, which
is substantially less than the maximum permitted density
of the underlying RS-8 zone.
C. A reduction of pavement width from a 28-foot local public
street to a 22-foot private drive with curb and gutter. The
reduction in pavement width is expected to have a
negligible impact on the development because of its
limited use as a non-through private drive. With parking
prohibited along the inside curve of the private drive, the
proposed pavement width is adequate to provide for the
safe and efficient movement of traffic within the
development.
D. No internal sidewalks, normally required on both sides
of a local street. Due to the small scale of the
development and the compact arrangement of dwelling
units, sidewalks are not deemed necessary. The limited
use private drive and the availability of open space within
the development may serve as alternatives to the use of
sidewalks. Sidewalks presently exist adjacent to the
development within the Oberlin Street and Scott
Boulevard rights-of-way.
SECTION III. AGREEMENT. The Mayor is hereby authorized
and directed to sign, and the City Clerk to attest, the attached
Developer's Agreement, for recordation.
SECTION IV. REPEALER: All ordinances and parts of
ordinances In conflict with the provisions of this Ordinance are
hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part
of the Ordinance shall be adjudged to be Invalid or
unconstitutional, such adjudication shall not affect the validity
of the Ordinance as a whole or any section, provision or part
thereof not adjudged Invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE: This Ordinance shall be in
effect after its final passage, approval and publication as
required by law and shall be recorded in the Johnson County
Recorder's Office.
Passed and approved this 11th day of July,
1989.
OR •
// � -
ATTEST: 7 axct� .7e. -4442
CITY CL RK
Approved as to Form
L al Department
6- 7 fs
•
D/O
It was moved by Ambrisco and seconded by Balmer that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
Balmer
Courtney
Horowitz
—- � Kubby
X Larson
McDonald
First Consideration
Vote for passage:
Second Consideration 6/27/89
Vote for passage: Ayes: Ambrisco, Balmer, Courtney, Horowitz,
Kubby, Larson, McDonald. Nays: None. Absent: None.
Date published 7/19/89
Moved by Balmer, seconded by Ambrisco, that the rule requiring
ordinances to be considered and voted on for passage at two
council meetings prior to the meeting at which it is to be
finally passed be suspended, the first consideration be waived
and the ordinance be given second consideration at this time.
Ayes: McDonald, Ambrisco, Balmer, Courtney, Horowitz, Kubby,
Larson. Nays: None. Absent: None.
D(o
DEVELOPER' S AGREEMENT
THIS AGREEMENT by and between Pat Moore Construction
Company, hereinafter the "Developer" and the City of Iowa City,
Iowa, hereinafter the "City" .
WITNESSETH:
WHEREAS, the Developer has submitted to the City for
approval an amended preliminary and final PDH and LSRD Plan for
the condominium project to be known as Oberlin Estates, which
project is to be located on the following described real estate
to-wit:
Lots 106, 122 , 123 and 124 , Court Hill-Scott Boulevard
Addition, Part VII , an addition to the City of Iowa
City, Iowa, according to the plat thereof recorded in
Book 19 , page 36 , Plat Records of Johnson County,
Iowa.
and also
Lot 100 and the North 5 . 60 feet of Lot 101 , Court
Hill-Scott Boulevard Addition, Part VI , an addition to
the City of Iowa City, Iowa, according to the plat
thereof recorded in Plat Book 16 , page 66 , Plat
Records of Johnson County, Iowa.
and;
WHEREAS, the City has imposed certain conditions on its
approval of said PDH and LSRD Plan.
NOW, THEREFORE, in consideration of the premises and in
consideration of the City' s approval of the PDH and LSRD Plan
for Oberlin Estates , it is agreed by and between the parties as
follows :
1 . The City will vacate and release the five foot
(5 ' ) utility easement along the north line of Lot 100 Court
Hill- Scott Boulevard Addition, Part VI , which easement was ded-
icated to the public in connection with the platting of said
Addition.
2 . In lieu thereof, the Developer will dedicate to
the public a utility easement ten feet (10 ' ) in width along the
' . ale.
south and east lines on said Lot 100 to replace the easement to
be vacated and released. The Developer will also grant a
replacement easement over the same area to Iowa-Illinois Gas &
Electric Company to reflect this replacement.
3 . The Developer agrees to install a sidewalk four
feet (4 ' ) in width on Lot 106 Court Hill-Scott Boulevard
Addition, Part VII , adjacent to Oberlin Street which sidewalk
will be installed by the Developer prior to the issuance of any
building permits for the Oberlin Estates Condominium Project.
4 . The Developer agrees as a covenant running with
the title to the real estate described herein that the owner of
such real estate shall perpetually maintain all common areas in
the Oberlin Estates Condominium Project, and shall move and
otherwise keep said areas free of weeds and debris .
5 . The Developer as the present owner of Lot 106
Court Hill-Scott Boulevard Addition, Part VII , agrees for itself
and its successors in interest and assigns to assume
responsibility for the maintenance of that portion of the storm
water management facility now existing and located on said Lot
106 . Although the owner of Lot 107 Court Hill-Scott Boulevard
Addition, Part VII, is presently obligated to maintain the storm
water management facility located on said Lot 106 , the Developer
acknowledges that the City intends to relieve the owner of said
Lot 107 of said obligation upon the effective date of the
assumption of said maintenance obligation by the Developer. The
City acknowledges that the obligation to maintain the storm
water management facility located on said Lot 106 will not in
any measurable way change upon Developer' s assumption of this
maintenance duty, and that the obligation will in the future be
the responsibility of the owner of said Lot 106 . The City
further acknowledges that the Developer intends to include said
Lot 106 in the Declaration of Condominium for the Oberlin
Estates Condominium Project in which event the maintenance
- 2 -
(O
obligation will pass to the Oberlin Estates Owners Association,
upon reasonable notice to the City.
6 . The City acknowledges that the document captioned
"Joint Driveway Easement and Agreement" dated October 11 , 1983 ,
and recorded October 18 , 1983 , in Book 665 , at page 134 , in the
Office of the Recorder of Johnson County, Iowa, will be of no
further force or effect upon approval of the Developer' s Amended
Preliminary and Final PDH and LSRD Plan for the above described
real estate. Accordingly, the City hereby consents to the
release of said "Joint Driveway Easement and Agreement" to the
extent that such a release is appropriate in connection with the
development of the Oberlin Estates Condominium Project.
7 . This Agreement is to be effective upon approval of
Developer' s PDH and LSRD Plan for Oberlin Estates; and Parties
agree that in the event the City fails to give final approval to
the Developer' s PDH and LSRD Plan for Oberlin Estates, this
Agreement shall be null and void and of no further force and
effect.
Dated at Iowa City, Iowa, this 11th day of
July , 1989 .
CITY OF IOWA CITY, IOWA PAT MOORE CONSTRUCTION COMPANY
. o
By �/ ' / B ,
, Mayor Patrick L. Moore, President
L_
Marie C. Moore, Secretary
ATTEST:
--e-
City Clerk
LEGAL DEPARTMENT
-/ 9- Py - 3 -
•
-Deo�/�
STATE OF IOWA )
ss:
COUNTY OF JOHNSON )
On this /c2 /4"" day of , 1989 , before me, the
undersigned, a Notary Public in and for the State of Iowa,
personally appeared Patrick L. Moore and Marie C. Moore, to me
personally known, who, being by me duly sworn, did say that
they are the President and Secretary, respectively, of said
corporation executing the within and foregoing instrument,that
the seal affixed thereto is the seal of said corporation; that
said instrument was signed and sealed on behalf of said
corporation by authority of its Board of Directors; and that the
said Patrick L. Moore and Marie C. Moore as such officers
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 jand for the
State of Iowa
STATE OF IOWA )
ss :
COUNTY OF JOHNSON )
On this 11th day of July , 1989 , before me, the
undersigned, a Notary Public in and for the State of Iowa,
personally appeared John McDonald 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; that the seal affixed thereto to the
foregoing instrument is the corporate seal of said corporation
and that said instrument was signed and sealed on behalf of said
corporation by authority of its City Council, as contained in
(Ordinance) ( No. 89-3425 passed
AdOlilEale by the City Council, under Roll Call No. of
the City Council on the 11th day of July , 1989 ,
and that John McDonald and Marian K. Karr acknowledged the
execution of the instrument to be their voluntary act and deed
and the voluntary act and deed of the corporation, by it
voluntarily executed. M gA 4
Notary Public in and for the
State of Iowa
- 4 -
CITY CF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CIW, IOWA 52240 (319) 356-5000
STATE OF IOWA
) SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3425 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
11th day of July , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 19th day of July , 1989 .
Dated at Iowa City, Iowa, this 3rd day of August ,19 89 .
va
a na Parrott, Deputy City Clerk
ELOPER'S AGREEMENT
OFFICIAL PUBLICATION THIS REEMENT by and between Pat
Moore C truction Company, hereinafter the
ORDINANCE N0. "Develope and the City of Iowa City, Iowa,
hereinafter'the"City".
WITNESSETH:
ORDINANCE APPROVING OBERLIN ESTATES, AN WHEREAS, the Developer has submitted to
AMENDED PRELIMINARY AND FINAL PLANNED the City for aproval an amended,preliminary
DEVELOPMENT HOUSING(PDH)PLAN FOR A PORTION and final PDH and LSRD Plan for the con
OF COURT HILL-SCOTT BOULEVARD ADOmON,PART VII, dominiurll project to be known as Oberlin Es
ANDA PRELIMINARY AND FINAL POH PLAN FOR LOT 100 tales, which project is to be located on the fol.
AND THE NORTH 5.60 FEET OF LOT 101 OF COURT HILL- lowing described real estate to wit:
SCOTT BOULEVARD ADOPTION, PART VI, IOWA CRY, LOIS 106: 122, 123 and 124, Court Hill
IOWA, Scott Boulevard Addition, Part,Vlt, an
additigp to the City of Iowa City. Iowa,
BE R ORDAINED BY THE CITY COUNCIL OF IOWA CRY, aCCOrdlhg to the plat thereof rec(lyded in
IOWA,THAT: Book 19, page 36, Plat Records Of John
SECTION I APPROVAL_ Subject to the terms and condition son County, Iowa.
of th
. e seethed Developer's Agreement. the PDH Plan for and also
Oberlin Estates,submitted by Pet Moore Construction Co.,are Lot 100 and the North 5.60 feet of Lot
legally described below,at hereby approved 101,Court Hill-Scott Boulevard Addition,
Lot 100 and the north 560 feel a La 101 of Court Part VI, an addition to the City of IOWA
Hill-Scott Boulevard Addroon,Pert VI,and Lot 106, City, Iowa,according to the plat thereof
►- / 122.124 of Court Hill.Scott Boulevard Addition.Pan recorded in Plat Book 16, page 66, Plat
VIIi Iowa City.Iowa Records of Johnson County, Iowa.
SECTION IL.VARIATIONS Section 36.47(a) of the Zoning and:
Ordinance permits flexibility in the use and development of WHEREAS, the City has imposed certain
structures and land where such variations from the conditions on its approval of.iald PDH and
.. �y conventional requirements horn the underyingZonewill riottoe LSRD Plan
Printer's fee'.S _Ccontrary tO the purpose and Intent of the Zoning Ordinance. NOW, THEREFORE, in consideration of the
d withtheCCI prerre SNe Plan nor premises and n consideration of the City's ap-
harmful to the neignoornood in which located The following proyal of the PON and LSRD Plan for Oberlin
r variations horn theCOrlVern�onalre�rrramentsofthePS-8zone Estates, It is agreed by and between the parties
CERTIFICATE OF PUBLICATION are round to be corn/Vent web these slerWvds end are aslfollows:The City will vacate and release the five
STATE OF IOWA. Johnson Count . ss: approved as a partOfthisPlan. The vanaticrrebellrle:
A The constructor a four(4),eMglasory, loo (2) utlt foot (5'I utility easement along the north line of
3Lot 100 Court Hill Scott Boulevard Addition,
THE IOWA CITE' PRESS-CITIZEN condominium dwelling. The pmfsct is designed with Part VI, which easement was dedicated to the
consideration Po surrounding residential land use public in connection with the platting of Said
patterns. With single-family dwellings and similar Addition.
condominium units to the north, and tCcr (4) unttl 2. In lieu thereof, the Developer will dedicate
apartment buildings to the south, the proposed to the public a utility easement ten feet (10') in
condominium dwellings oriented onto a 'horseshoe' width along the south and east lines on said Lot
shaped private drive provide an appropeem and sortable 100 to replace the easement to be vacated and
I- transition of resdentrel land use stone Oblige,Street. released. The Developer will also grant a re-
CarolB The clustering of dwelling unns on a smile area a the placement easement over the same area to
Barr, being duly sworn, say that I tied,which results in greeter effrcieriCy d development owe Illinois Gas& Electric Company to reflect
am the legal clerk of the IOWA CITY underlying exceeding maximumpermebtldevs.'yofthe this. Th replacement.
3. The Developer4) inwid agrees to install a sidewalkt
proposed PDH Plan results in a four feet(4') in width on Lot 106 Court Hill-Scott
PRESS-CITIZEN, a n e w S ape
r development density a 48 dwelling units per acre.MuerBoulevard Addition, Part VII, adjacent tO
Ple substantiallymaximpermittedass then e maximum petted densityberlin Street which sidewalk will be installed
published in said county, and that a tire underlying RS.8 zone by the Developer prior to the issuance of any
C A reduction of pavement width from a 28-fool local public building permits for the Oberlin Estates Con
notice, a printed copy of which is hereto street to a22-tootrNetedrive with curb and gutter The dominium Project.
attached, was published in said paper reduction in pavement width is expected to have a a. The Developer agrees as a covenant run
f P P Jr9 impact on the development because a es ning with the title to the real estate described
time(s), on the following arneeduseasenon-mroughprivets WtmCOlnng herein that the owner of such real estate shall
b ponoodalouupineisdeu.wdM. ynve.the perpetually maintain all common areas in the
datels): proposed pe emerr width Is edegtre roproade to Ore Oberlin Estates Condominium Project,and shall
sate and enviers movement d traffic within Me move and otherwise keep said areas free of
/// deveacmert. weeds and debris.
/99' D. No irnernal eidewalxs,normally required on Dom sides 5. The Developer as the present owner of Lot
a e local street Due to the emee elate a Ine 106 Court Hill-Scott Boulevard Addition, Part
VII, agrees for itself and its successors in in
development and the compeer errangement a dwelling terest and assigns to assume responsibility for
unite,Wanks ere no!deerred necessary. The Smiled the maintenance of that portion of the Storm
' _ and he AveilatliTy open space wllhin water management facility now existing and
the deeeboprMnl may serve ea eeoinatwee 10 the use Of located on said Lot 106. Although the owner of
Z � /�
development
Sidewalks presently nuOt adlacem to the Lot 107 Court Hill Scott Boulevard Addition,
;/,_:// � �I development wnnin the Oberlin Sheet and Scott Part VII, is presently obligatedto maintain the
Boulevard ngltso
l-way. Storm water management facility located on
SECTION III. AGREEMENT The Mayor a hereby auth«IZed said Lot 106, the Developer acknowledges that
Legal Clerk and directed to sign,and the City Clerk to attest.the attached the City intends to relieve the owner of said Lot
Developer's Agreement for recordation 107 of said obligation upon the effective date of
SECTION IV REPEA,ER. All ordinances and pans a the assumption of said maintenance obligation
ordinances n conflict with the provisions of the Ordinance are
Subscribed and sworn to before me
by the Developer. The City acknowledges that
h1BfAs„ d the obligation to maintain the storm water
SECTION V. SevERABIlJT7. a enlr section,pOvmlon«pan management facility located On Said Lot 106 will
d the Ordinance shat be atl)ulged to be iNald « not in any measurable way change upon Dever
of the ronef such ed)odle ad shall not effect the validity open's assumption of this maintenance duty,and
this day of _ - , A.D. of the Ordnance as a whole or any section,provision or pas that the obligation will in the future be the re
thereof not adjudged invalid or unconstitutional. Citypiurthe of the owner of said Lot 106.eThe
X� t.
SECTION VI EFFECTIVE DATE This Ordinance shall be m intends further elude said
Lot that the Developer
—f to include said Lot 106 in the Declare.
19 l effect after ns final passage, approval and publication as tionof Condominium for the Oberlin Estates
required by law and shall be recorded in the Johnson County Condominium Project in which event the main-
/ ,,.1?.,,
. •
a-
Main-
Recorder's Office. tenance obligation wil pass to the Oberlin Es
�]/ifi/� Passed and approved this 11th day of July, tates Owners Association, upon reasonable
1:S)'1. notice to the City.
6. The City acknowledges that the document
Notary Public captioned 'Joint Driveway Easement and
Agreement" dated October i1, 1983, and re
cOrded October 18,1983, in Book 665,at page 134,
EiShA
n the Office of the Recorder of Johnson County,
Iowa will be of no further force or effect upon
ASTapproval of the Developer's Amended Prehmi
�( nary and Final PDH and LSRD Plan for the
s�,..�xc. CITY CL HK above described real estate. Accordingly, the
City hereby consents to the release of said
'Joint Driveway Easement and Agreement" to
the extent that such a release Is appropriate in
connection with the development of the Oberlin
Estates Condominium Project,
7. This Agreement is to be effective upon ap-
proval of Developer's PDH and LSRD Plan for
Oberlin Estates; and Parties agree that in the
event the City fails to give final approval to the
Developer's PDH and LSRD Plan for Oberlin
Estates, this Agreement shall be null and void •
and of no further force and effect.
Dated at Iowa City, Iowa, this Itth day of
July, 1969.
CITY OF IOWA CITY, IOWA
By/s/JOHN McDONALD,
MAYOR
PAT MOORE CONSTRUCTION
COMPANY
By:"Si'PATRICK L.MOORE,
PRESIDENT
By is/MARIE C.MOORE
SECRETARY
ATTEST:
's/MARIAN K.KARR
CITY CLERK
31147 July 19,1989
CK \ rL
ORDINANCE NO. 89-3426
ORDINANCE VACATING A PORTION OF FIRST STREET
RIGHT-OF-WAY EXTENDING WEST OF GILBERT STREET
WHEREAS, First Street is a partially-improved local street
with the right-of-way terminating at the east bank of Ralston
Creek, which coincides with the east property line of the Iowa
City Sewage Treatment Plant; and
WHEREAS, First Street, west of Gilbert Street, has limited
public value by serving to provide access to only two (2)
properties, Aero Rental and the office of the IDOT Residence
Maintenance Engineer at the southwest corner of First and
Gilbert Streets; and
WHEREAS, to assure continued public access to the IDOT
office, the south 51 feet of the east 120 feet of First Street
right-of-way will be retained as a public street; and
WHEREAS, the City does not anticipate the need to extend
First Street to the west, which would require crossing Ralston
Creek,to provide future access to the sewage treatment plant;
and
WHEREAS, it is in the public interest to vacate the right-of-
way described below as unneeded right-of-way; and
WHEREAS, upon vacation of the right-of-way below, Aero
Rental, as abutting property owner at 227 IGrkwood Avenue,
has agreed to grant sanitary sewer easements to the City in
consideration for conveyance of the vacated right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. VACATION. That the City of Iowa City hereby
vacates that portion of First Street legally described below:
That portion of First Street lying west of a line tying parallel
to and 120 feet west of the east line of Block 2, of Cook,
Sergeant and Downey's Addition to Iowa City, Johnson
County, according to the recorded plat thereof and the
north nine (9) feet of First Street lying south of and
adjacent to Lots 9 and 10 of Block 2 of Cook, Sergeant
and Downey's Addition to Iowa City, Johnson County,
according to the recorded plat thereof.
SECTION II. REPEALER: All ordinances and parts of
ordinances In conflict with the provisions 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. EFFECTIVE DATE: This Ordinance shall be in
effect after its final passage, approval and publication as
required by law.
Passed and approved this 25th day of July,
198;.
/ ,
ArdOR I/
ATTEST: nave) k \
CITY CL RK
Approved as to Form
egal Department
6 - 02/- J'9
.27
It was moved by Balmer and seconded by Horowitz that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X _ Balmer
Courtney
X Horowitz
x Kubby
_X Larson
X McDonald
First Consideration
Vote for passage:
Second Consideration 7/11/89
Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson,
McDonald, Ambrisco, Balmer. Nays: None. Absent: None.
Date published 8/2/89
Moved by Larson, seconded by Ambrisco, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the first consideration be waived
and the ordinance be given second consideration at this time.
Ayes: Balmer, Courtney, Horowitz, Kubby, Larson, McDonald,
Ambrisco. Nays: None. Absent: None.
. 1
CITY OF IOWA CITY -
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-50Q
STATE OF IOWA
) SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3426 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
25th day of July , 1989 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 2nd day of August , 1989
Dated at Iowa City, Iowa, this 1st day of September ,19 89
\Rtmna Barg De uty C
m na Parrott, Deputy City Clerk
•
Printer's fee 6J63,
CERTIFICATE OF PUBLICATION OFFICIAL PUBLICATION -
STATE OF IOWA.Johnson County. ss: ORDINANCE NO. 89.347b
THE IOWA CITYPRESS-CITIZENORDINANCE VACATING A PORTION OF FIRST STREET '
RIGHT.OF.WAY EXTENDING WEST OF GILBERT STREET I
WHEREAS.Fav Strati is a pahial•Improved local strep
with Ma Vasa-way terminating el the ease bank of Ralston
Creek,wtkeh aelnwdes with the east'propery lino of tee Iowa
City Seaga Treanne0 Plant,and
WHEREAS,Firs Street.wast of Gilbert Street has limned
Carol Barr, being duly sworn, say that I www use by swains to provide access to only oxo TTI
am the legal clerk of the IOWA CITY °0°wlE�81m wmeroF °�Mamaarn9 *e s the&Steca Me end
PRESS-CITIZEN, a newspaper G"WwHERREEAaS.'�and
continued public access to the 1DOT I
published in said county, and that a cote,the mourn$t feet of the east 120 foal 01 Ent Street
rightol-wry wO be.relaned as a public street,and
notice, a printed copy of which is hereto WHEREAS.to ON does not anticipate Me need to Wend
• First Street W the was.an would regale crossing Ratan
attached, was published in said paper Greet loproede%aura access loll.sewage Emmen;penl.
/ time(s), on the following and
HE FA9.a¢mpw wok maw tovacate the rgM.o-
datelSl' way described bee..as unneeded ngntol.way.and
WHEREAS.upon vacation of me hghuot-way below Ano
Par".a to gra tProperty Peer ese!ents to PCly in
�,/� �, /fregy
has OW'n Seo veyancrycatioMe n easementscatri hto the ay.�n
Co NOW, THIllFOREy BE IT
ORDAINEDnBw right-of-way.
NOW, THEREFORE. BE ITA ORDAINED IO BA. THE CITY
SECTION
COUNCIL OF THE CITY OF IOWA CRY,IOWA.
SECTIOI. VACATION That the Cry of Iowa Cly essay
///� / j
vacates Matpod Doman d Fes steer legally oaIna'be0 tying lex
pass
C /� ' /�_ — a lion eFirstS^.eete mgwest ar PBaepG000k,,
/// ,>[/J� to aro 11120and feet west y the dap Ano C 2,U Gook,
Corynt Ong to the
Add:lienrecorl td Iowa therrly.eof
,alethe
Corny, according r9 to tnF recorded plat mate0l an9 the
LegalClerk north mho (9) fen of First Sliest lying south of,and
g adjacent to Lots 9 and 10 of Black 2 OI Cook,Sergeant
end Downeys Addition to Iowa ON, Johnson County,
amercing to the recorded pa thereof
Subscribed and sworn to before me SECTION II REPEALER All ordinances and parts of
ordmancas in Carla wan the proveara 01 the Ordinance are I
/I hereby rowed.
31� y
SECTION el SEVERABILITY dany senorpro+Sinnapan
this d8 of_/i.�—. A.D. u 0n uiionansw shall be adiuhall 10 be Ino vel m
( oftnetnordnal.secsadlWIGdtigt Snails meval,dOf
of the Ordnance as a whole or any sedan,pmvaion w pal
/a rnnora not eoW09etl+rrvalid a unconstitutional. ,
I9$ 2cgo SECTION IV EFFECTIVE DATE This Ordinance shall be in
rt1eO slier as trial passage, approval and puweahon as I
nagw:etl W law
passed and approved this 2;th .1 ii lit .I•r
(pug,
Notary PublicI `4 /
",y s`._ MAYOR
SHARON STUBBS
c ATTEST )1lAAA.e....." Al
CITY CLERK
31374 August 2.1989
ORDINANCE NO. 89-3427
AN ORDINANCE AMENDING CHAPTER 15, ENTITLED "GARBAGE, TRASH AND REFUSE, " OF THE
CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING SECTIONS 15-2,
15-29, 15-62, 15-63 AND 15-64 THEREOF, AND ENACTING IN LIEU THEREOF NEW SECTIONS
TO BE CODIFIED THE SAME, DEFINING APPLIANCES, PROVIDING FOR THE COLLECTION AND
DISPOSAL OF APPLIANCES AND TIRES, PROVIDING FOR THE DISPOSAL OF VEHICLE BATTERIES
AND WASTE OIL, ESTABLISHING FEES FOR THE COLLECTION OR DISPOSAL OF SUCH ITEMS,
DECLARING THAT CERTAIN SOLID WASTES ARE NOT SUBJECT TO COLLECTION, AND PROVIDING
PENALTIES FOR PLACING SUCH WASTES FOR COLLECTION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION 1. That Chapter 15 of the Code of Ordinances of the City of Iowa City,
Iowa, be, and the same is hereby amended by repealing Section 15-2 thereof, and
enacting in lieu thereof a new section to be codified the same to read as
follows:
Sec. 15.2. Definitions.
For the purpose of this chapter, the following terms shall be deemed to have
the meanings indicated below:
A.1. Appliances means machines common to residential household use, and shall
include refrigerators, stoves, microwave ovens, dishwashers, clothes
washers, clothes dryers, water heaters, furnaces, air conditioners,
dehumidifiers, console television sets and stereo systems, and any device
containing an electric motor or any electric capacitor.
B.1. Bulky rubbish means nonputrescible solid wastes consisting of combustible
and/or noncombustible waste materials which are either too large or too
heavy to be safely and conveniently loaded in solid waste transportation
vehicles by solid waste collectors with the equipment available, except
appliances.
C.1 . Commercial solid waste means solid waste resulting from the operation of
any commercial , industrial , institutional , agricultural or other
establishment and multiple housing facilities with more than four (4)
dwelling units.
D.1. Demolition and construction waste means waste materials from the
construction or destruction of residential , industrial or commercial
structures.
2. Director means the city manager or his/her authorized representative.
3. Disposable solid waste container means disposable plastic or paper sacks
specifically designed for storage of solid waste and with a capacity of
twenty (20) to thirty-five (35) gallons.
4. Dwelling means a building which is wholly or partially used or intended
to be used for residential occupancy.
Ordinance No. 89-3427
Page 2
5. Dwelling unit means any habitable room or group of adjoining habitable
rooms located within a dwelling and forming a single unit with facilities
which are used, or are intended to be used, for living, sleeping, cooking
and eating of meals.
E.-F. Reserved.
G.1. Garbage means putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving, or consumption of food.
H.1. Hazardous wastes includes but is not limited to pathological wastes,
explosive wastes, pesticides, pesticide containers, toxic or radioactive
materials.
I.-N. Reserved.
0.1. Occupancy means any person, who alone or jointly or severally with others,
shall be in actual possession of any dwelling unit or of any other improved
real property, either as owner or tenant.
P.1. Processing means incinerating, composting, bailing, shredding, salvaging,
compacting and other processes whereby solid waste characteristics are
modified or solid waste quantity is reduced.
Q. Reserved.
R.I. Refuse means solid waste.
2. Residential solid waste means solid waste resulting from the maintenance
and operation of single-family, duplex, tri-plex, and four-plex dwellings,
including solid waste from operation of a home occupation meeting the
requirements of the zoning ordinance.
3. Rooming unit means 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 primarily for living and sleeping. A
rooming unit shall have bath and toilet facilities available for exclusive
use by the occupants or for communal use and, in addition, may have kitchen
and dining facilities available for use by the occupants therein. For
purposes of this chapter, two (2) rooming units shall be deemed the
equivalent of one dwelling unit.
S.1. Solid waste means unwanted or discarded waste materials in a solid or
semisolid state, including but not limited to garbage, ashes, street
refuse, rubbish, dead animals, animal and agricultural wastes, yard wastes,
discarded appliances, special wastes, industrial wastes, and demolition
and construction wastes.
2. Solid waste container means a receptacle used by any person to store solid
waste during the interval between solid waste collections.
3. Solid waste disposal means the process of discarding or getting rid of
unwanted material ; in particular, the final disposition of solid waste.
a'S
Ordinance No. 89-3427
Page 3
4. Solid waste management means the entire solid waste system of storage,
collection, transportation, processing and disposal .
5. Storage means keeping, maintaining, or storing solid waste from the time
of its production until the time of its collection.
T.1. Transportation means the transporting of solid waste from the place of
collection or processing to a solid waste processing facility or solid
waste disposal area.
U.-X. Reserved.
Y.1. Yard wastes means grass clippings, leaves, tree and bush trimmings.
Z. Reserved.
SECTION 2. That Chapter 15 of the Code of Ordinances of the City of Iowa City,
Iowa, be, and the same is hereby amended by repealing Section 15-29 thereof, and
enacting in lieu thereof a new section to be codified the same to read as
follows:
Sec. 15-29. Permit required.
No person shall engage in the business of collecting, transporting, processing
or dispose of solid waste within the corporate limits of the city without first
obtaining an annual permit from the city; provided, however, that this provision
shall not be deemed to apply to employees of the holder of any such permit. No
permit shall be required for the collection and transportation of earth and rock
material from grading or excavation activities.
SECTION 3. That Chapter 15 of the Code of Ordinances of the City of Iowa City,
Iowa, be, and the same is hereby amended by repealing Section 15-62 thereof, and
enacting in lieu thereof a new section to be codified the same to read as
follows:
Sec. 15-62. Collection.
(a) Residential dwellings. Once per week, as reasonably possible, the city
shall collect all residential solid waste resulting from the operation and
maintenance of single-family, duplex, tri-plex, and four-plex dwellings,
all as defined in the zoning ordinance, when each dwelling or dwelling unit
is located on its own lot with frontage on a public street. The director
is authorized to adopt regulations pursuant to which the city may contract
to provide residential solid waste collection to other dwellings, and the
director is authorized to enter into written agreements to collect solid
waste from other dwellings.
This residential solid waste collection shall be mandatory and private
collection shall not be allowed. The director may exempt qualifying
dwellings from the applicability of this subsection if he/she finds that
the dwelling and an adjacent establishment are part of one complex of
buildings serving a unified purpose, and solid waste from the dwelling is
sA
Ordinance No. 89-3427
Page 4
being collected along with commercial solid waste from the adjacent
establishment. Those dwellings receiving city refuse collection service
on the effective date hereof, and which would not receive such service
under the terms of this subsection, may continue to receive city refuse
collection service, but if such service is voluntarily discontinued by the
owner of any such dwelling, city refuse collection service shall no longer
be available to such dwelling.
(b) Collection of appliances, bulky rubbish and tires. Appliances and tires
discarded from use at premises to which collection services are provided
by the city will be collected at such residential premises upon prior
request and arrangement with the City. The resident at such premises will
be billed for collection and disposal of each such appliance and tire in
the amount provided in the Schedule of Fees, Section 32.1-55 of the City
Code.
Bulky rubbish from premises to which collection services are provided by
the city will be collected upon prior request and arrangement with the City
if it does not exceed reasonable limitations of weight and bulk to be fixed
by regulations to be made and promulgated by the director.
(c) Certain wastes not subject to collection. The city will not collect any
of the following materials from any premises served by city solid waste
collection service: vehicle batteries; waste oil ; or any substance or
material determined to be hazardous or unacceptable for collection by the
director. The director may adopt regulations specifying additional
substances and materials not subject to collection, and may enforce such
regulations after they have been promulgated to all premises and persons
subject to city solid waste collection.
Vehicle batteries and waste oil are subject to disposal at city solid waste
disposal facilities as provided in Section 15-64.
It is prohibited for any person to obtain or attempt to obtain city
collection of solid wastes or other substances or materials herein declared
not subject to collection. Such violation shall constitute either a
misdemeanor or a municipal infraction. The City's costs for retrieving
such substances or materials from the collection vehicle or from the
disposal site, and/or for cleaning up the collection vehicle or disposal
site, shall be chargeable to the solid waste collection account for the
residence where such substances or materials were placed for collection.
(d) Tree limbs, yard wastes. Tree limbs greater than four (4) inches in
diameter shall be collected as bulky rubbish. Tree limbs and yard wastes
created by commercial tree service operations or by the clearing of land
for construction will not be collected.
(e) Times and location of containers for pickup. Solid waste containers, tree
limbs and yard wastes as described in sections 15-49 and 15-50,
respectively, and other solid waste permitted to be placed at the curb,
shall be placed at the curb of the street upon which the dwelling fronts
for collection. Placement of solid waste for collection shall occur prior
to 7:00 a.m. on the regularly scheduled collection day, but shall not occur
• .2R
Ordinance No. 89-3427
Page 5
before 3:00 p.m. on the day before the regularly scheduled collection day.
Containers shall be removed from the curb on the same day collection is
made, and returned to a place as near as reasonably possible to the side
or back of any permanent building on the property.
(f) Responsibility of owner/user for compliance. The owner of any dwelling
containing two (2), three (3) or four (4) dwelling units shall be
responsible for compliance with the provisions of section 15-62(e) . For
single-family dwellings, the person who pays the solid waste collection
fee shall be responsible for compliance with the provisions of section 15-
62(e) ; if no person pays the fee, the owner shall be responsible.
(g) Certain premises not eligible for solid waste collection by city. The city
shall not collect any commercial solid waste, except from its own property;
nor shall the city collect any residential solid waste from any dwelling
units within a structure which in addition contains the operation of any
commercial , industrial , institutional , agricultural or other establishment.
SECTION 4. That Chapter 15 of the Code of Ordinances of the City of Iowa City,
Iowa, be, and the same is hereby amended by repealing Section 15-63 thereof, and
enacting in lieu thereof a new section to be codified the same to read as
follows:
Sec. 15-63. Responsibility of collectors.
(a) Solid waste collectors shall be responsible for the collection of solid
waste from the point of collection to the transportation vehicles provided
the solid waste was stored in compliance with sections 15-47(a) and (b) ,
15-48, 15-49 and 15-50 of this chapter. Any spillage or blowing litter
caused as a result of the collection activities of the solid waste
collector shall be collected and placed in the transportation vehicles by
the solid waste collector.
(b) All solid waste transportation vehicles shall be maintained in a safe,
clean and sanitary condition, and shall be constructed, maintained and
operated to prevent spillage of solid waste. All vehicles used for
transportation of solid waste shall be constructed with water-tight bodies
and with covers which shall be an integral part of the vehicle or shall
be a separate cover of suitable material with fasteners designed to secure
all sides of the cover to the vehicle and shall be secured whenever the
vehicle is transporting solid waste, or, as an alternative, the entire
bodies shall be enclosed, with only loading hoppers exposed. No solid
waste shall be transported in the loading hoppers.
(c) Permits shall not be required for the removal , hauling or disposal of earth
and rock material from grading or excavation activities; however, all such
material shall be conveyed in tight vehicles, trucks or receptacles,
constructed and maintained so that none of the material being transported
shall spill upon the public right-of-way.
(d) Transportation and disposal of demolition and construction wastes shall
be in accordance with this section and 15-64.
Ordinance No. 89-3427
Page 6
SECTION 5. That Chapter 15 of the Code of Ordinances of the City of Iowa City,
Iowa, be, and the same is hereby amended by repealing Section 15-64 thereof, and
enacting in lieu thereof a new section to be codified the same to read as
follows:
Sec. 15-64. Disposal .
(a) Solid wastes shall be deposited at a processing facility or disposal area
consistent with all requirements of city and state law.
(b) The director may adopt regulations classifying certain wastes as hazardous
or special wastes and may, pursuant to said regulations, prohibit disposal
of such wastes at the landfill or require special handling thereof.
(c) Disposal of batteries and waste oil . Persons, firms, or corporations
residing or located in Johnson County, Iowa, may dispose of batteries and
waste oil from their private or commercial vehicles by delivering same to
locations approved by the director, provided that such waste were generated
by activities or operations occurring in whole or in part in Johnson
County.
(d) Disposal of appliances at landfill . Persons, firms or corporations
residing or located in Johnson County may dispose of appliances at the Iowa
City Landfill upon payment of the required fee as provided in the Schedule
of Fees, Section 32. 1-55 of the City Code, provided that such wastes were
generated by activities or operations occurring in whole or in part in
Johnson County. Appliances deposited at the Iowa City Landfill in a
crushed condition, or so damaged as to prevent removal of capacitors or
ballasts, shall be subject to a surcharge fee as provided in the Schedule
of Fees, Section 32.1-55 of the City Code.
(e) Disposal of tires at landfill . Persons, firms, or corporations residing
or located in Johnson County may dispose of tires at the Iowa City Landfill
upon payment of the required fee as provided in the Schedule of Fees,
Section 32.1-55 of the City Code, provided that such wastes were generated
by activities or operations occurring in whole or in part in Johnson
County.
(f) Appliances and tires to be separated from other solid wastes for disposal .
Appliances and tires may not be mixed with other solid wastes delivered
to the landfill for disposal . Persons, firms, or corporations disposing
of appliances or tires at the landfill shall separate those items from
other solid waste materials, and shall deliver and unload them at the sites
designated for disposal of such items.
(g) Disposal of prohibited or hazardous wastes or improper disposal -
penalties. It is prohibited for any person, firm, or corporation to
dispose, or attempt to dispose, of hazardous or prohibited wastes at the
Iowa City City Landfill in a manner or in a location other than that
provided by the director pursuant to subsection (b) above. It is
prohibited for any person, firm, or corporation to dispose, or attempt to
dispose, of appliances or tires at the Iowa City Landfill in a manner or
at a location other than that provided pursuant to subsections (c) and
Ordinance No. 89-3427
Page 7
(d) above. Violations of this provision, or of regulations adopted by the
director pursuant to subsection (b) above, shall constitute either a
misdemeanor or a municipal infraction. The City's costs for retrieving
such substances or materials from the disposal site, and/or for cleaning
up the disposal site, shall be chargeable to the solid waste disposal or
collection account of the offending party.
Repeated violation of this provision, or of regulations adopted by the
director pursuant to subsection (b) above, shall be cause for the City's
revocation of the landfill disposal privileges of an offending party, after
notice and opportunity for hearing as provided in Chapter 2, Article IX,
Administrative Code, Sections 2-184 through 2-192.
SECTION 6. SEVERABILITY: If any of the provisions of this Ordinance are for
any reason declared illegal or void, then the lawful provisions of this
Ordinance, which are severable from said unlawful provisions, shall be and remain
in full force and effect, the same as if the Ordinance contained no illegal or
void provisions.
SECTION 7. REPEALER: All ordinances or parts of ordinances in conflict with
the provisions of this Ordinance are hereby repealed.
SECTION 8. EFFECTIVE DATE: This Ordinance shall be in full force and effect
from and after its final passage and publication as by law required.
Passed and approved this 25th day of July, 1989.
hJF�'k
R "
ATTEST: h• , -k . l )
CITY LERK
App v d as o Form
• i 7/747
Legal Department
It was moved by Larson and seconded by Horowitz that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
Balmer
- X Courtney
Horowitz
Kubby
Larson
_2- L___ McDonald
First Consideration 6/27/89
Vote for passage: Ayes: Balmer, Courtney, Horowitz, Kubby,
Larson, McDonald, Ambrisco. Nays: None. Absent: None.
Second Consideration 7/11/89
Vote for passage: Ayes: Kubby, Larson, McDonald, Ambrisco,
Balmer, Courtney, Horowitz. Nays: None. Absent: None.
Date published 8/2/89
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CCO
STATE OF IOWA
SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3427 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
25th day of July , 1989 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 2nd day of August , 1989
Dated at Iowa City, Iowa, this 1st day of September ,19 89
\�`ZTDepuf.
am na Parrott, Deputy CityT
/ at
OFFICIAL,PUBLICATION OFFICIAL PUBLICATION
ORDINANCE NO. 89-31:' Bac ubt Collection.
AN ORDINANCE *MEWING CHAPTER 15, ENhmREP (e) Residential cosines- Once per week.ea mason*
'GARBAGE,.TRASH AND REFUSE. OF THE:CODE OF possible, the city shah coned all rasn& n
deeo
ORDINANCS OF THE CITY OF IOWA CTM, IOWA BY waste mauling horn the opetalwn and mainnnsraa
REPEALING SECTIONS 15-2,15-29,1552,1513 AND 15-64 i of angle-family.duplex,ti-plea,end for-pies dwee
THEREOF,AND ENACTING IN LIEU THEREOF NEW SEG les,all es ohne in the coning ordinance,when
TIONS TO BE CODIFIED THE DAME,DEFINING APPW,NCES, each dwelling or dwelling um le Meted an Na Oct lot
PROVIDING FOR THE COLLECTION AND DISPOSAL OF with frontage on a public drew The thredor is
pPPUANCES AND TIRES,PROVIDING FOR THE DISPOSAL authorized to adopt regulations pursuant to which the
OF VEHICLE BATTERIES AND WASTE OIL,ESTABUSHIMG cry'nay coned to provide residents sold we,
FEES FOR THE COLLECTION OR DISPOSAL OF SUCH collection to other dwellings, end In director a
-- -
-- - - W
ITEMS, DECLANO THAT CERTAIN'SOLID WASTES ARE authorized to enter No wean agreements to mega
NOT SUBJECT TO COLLECTION, AND PROVIDING sed waste from oiler dwatitgs.
PENALTIES FOR PLACING SUCH WASTES FOR COLLEC- This residential solid waste collection shell be
TION, mandatory and Ovate collection shall not be allowed_
The director may exempt qualifying dweItga from the
BE R ORDAINED BY TME CITY COUNCIL OF THS CRY OF applicabany of the
MBsettaeecton en if MOM
aIwereharttl
IOWA CITY.IOWA-.
SECT(QN t That Chapter 15 a the Code of Ordinances el One WmpleI of buildings serving 4 unMed Outlaws.
Ile City of Iowa CN. lad to, and tel ttera le hMabv. end solid wade from the dwelurg a being canted
amended by regaling wain 15.2 steresi l tl enacting in along with bommwcial sold waste from tha'aQaent
lieu thereof ane seduce to be coolst the sal to lead ea mtblMrmm. Those dwellings receiving city Wen
follows: collation service on the effective date nersaMind
Sec 152 Olson. which would rd ngewe such service undo-T(101ns
For the purpose of this chapter.the fdtwing terms shat be of this sub$edian,may continue to scene city refuse
deemed to have the meanings Indicated below: collection samba,but H such sone a'ninny
A.t.Appketea Teens machines oommoe to Raldermal discontinued by the owner of any sten Want any
househed La and shell Include tatngerlo,4 paves,mora- refuse collodion servo.shall no longer be available
wave swat dNwesher ..cane washers,clothes dryers, R such deellirg.
water headtAnn&all conditioners,deumilWw,console (b) Coleaien d appliances, bully Retell end OM
. Mavition pts end stereo systems,and any dyke containing Appliances end tires discarded hem use at pandas
an electric Meter of arty electric capable:. to WW1 tdleadn sonnies we provided by the city
B.1. Duey rudest, meta nonpuresoble solid wales will he collected al such reakemo prwaea•Won
and arrangement with the City. The
www meals le which combustible
are ether leo large a Wo ible nor
reside t request such will be biWU for colladgn
heavy to be afar and conveniently eased In solid end disposal of each such appliance and tirean the
wale henspo tion vehicles by solid waleeellators eauo abided n the Schedule of Fess,escoenn
with the equipment available,except aPPtanea 32.145 of the Cry Cede.
Cl.. Commercial Bold waste means sold wane resitting Bully rubbish ham prances to which oa getion
Iran the apeialion of any commece, induainal, services are provided by canted
city will be ced
IInns/Ione. agnates'01 ane alablehmem and ' upon prior request and wargonlent with the Cry s ill
Printer's fee 11/1412'/ Multiple haang tacilnlea with mea than fee(4) does not exceed reasonable Wnratiens of weight and
dween9 unit& bulk to be Reid by reguaions to be made and
01. Demeeen and GastrUnntn waste Means Wada I promulgated by the.dreaor,
CERTIFICATE OF PUBLICATION materiels from the runahuaieo of desRdwn of (c) Cando wales not sublet to concha. Theoared
reotledW,tnnlal or commercal structure& not collect any of the tdlari g Menle bgT any
STATE OF IOWA.Johnson County. ss: a. Direeoe wen the env marine or natheraulnal:ed Prises aetvwdby dywlid waaampafioalarves.
reprmeogve. vehicle betakes; waste ail; or any substance or
THE IOWA CITY PRESS-CITIZEN 3 olweeeaa end wase container mea disposable meatal determinate)behmarmla a unmmgaae
pati[ or paper seers apececad daagnad for fa collection by the dlrecta The orector rney noel
storage d sold waste and with a rapacity of acme regulation swayed addition, absences and
(201 to Moyne(35)gallons. Materiels nes wheel to coliectio.and may Blocs
4, Welling mean a twang whieh'is wholly or pYliely such regulations atter they have been promugiedb
• used Or Intended to he reed lee resideratl all pamilee and persons subject to city load oval
occupancy. coaaien.
I. 5. Dwelling tart means and healable room or group of Vents lfetarles and wade dl are enact to
adjoining habitable moms located Shin a among dead al OW solid wade disposal Sane e es
Carol Barr, being duly sworn, say that I end Wong a angle unit with neewes which ars provided in Section 15-64.
used or we Intended to be used,for living,Seeping, h is prohibited for any parson to obtain or attempt
am the legal clerk of the IOWA CITY coanngand eating el meat. to obtain Gay cdleaion of solid wales pr pax
E-P Reserved substances or materials herein declared not subject
PRESS-CITIZEN, a newspapertd collection. Dual,vection shall Canape/Le Bann
0.1. wameans horthe ammo] or vegetablen, misdemeanor OT a municipal Inhwten. The Ply'
wastes resuang horn the handling, preposition,published in said county, and that a cooking,serving aconsumption dfood. costa tot retideng ath substances or meteiis from
notice, a printed copy of which is hereto H.1. Hazard)... wanes Induces but is not kneed le he°Steam vehicle camas fromrtth dis odposal4pwd�
Pathological wames, explosive waste& pe licidee. i tg
attached, was published in said paper pwoods comment,talc or radioactive mamas shod be fagaable to the solid waste coewedr
time(s), on the followingL"' Reserved_ account Ms ler,euldanee ware OM albeaelesof
1 A. occupancy misers any person,who sore or prey materials went placed forgvleclkn.
dates): or severally web others,shall he In actual possesses (1) TAW fins,egg wales. Tree Mlbe graalaNn taut
of cry dialing one of of any other Innen ma (4)Inches 41 diameter pall Ito collected at pray
/' property eaar as owner or tenara. nu0oh. Tree limbs and yard wales derail w
i commode, somite opersuaa or by the deettig
`� �a /� P� P.1. shrrddmeans ingnarcomgrstirid acne,
/ ,%f f/ C"'�,( a shredding, salvaging, convectingde and dna d land d ,tt tree se will not be or e
processes whereby a sound waste Gn duCed.ce we (a) Tan and*OAP d wfaaas la Poked iced
jj mored or scud Wane quamnY Is raduced. Wage Watfsei'baw tithe and yard weaaa
O. Refuse m. end e b moan is-ASere and be ieepa eced I th
R 1. Resus miser d W wale. and other sad lacste paw Ota b f a self to
2. Residential n solid Wade misers son wade resew cum,6a placed Y Ca orb of W mora ups
J due esu-plemanfo end operation of clglegrmte %aridh the dwelnng holm for collection. Pleasant d
SteteLT,--,-� • dopy.tomentencee Dowing&iationo ), adYdereg la caisson shell was pdaly, t-Ce silt
waste from operation a a home ordnance,
mYdg an 1a malady'scheduled00p- Candler.ay, t lle
Leal Clerk the rerwkenems d the zoning ordnance, not occur before 3 p0 p.m.on the day before the
Legal a Romins unit means and habitable room or group el regularly scheduled coutce day, awlrMat
a
adjoining Minnie rooms located wenn a Wrong be mnvedhorn ger dud on Sesame day neaten
and lamins a singe unit win lease which we e made, end tanned to a pace as near as
Subscribed and sworn to before me used,or handed to be used primarily for Wing and reasonably possible to the fele Of bin aicy
sapping A rooming Inn shall have bath and Iola permanent Doing on the property.
I°cites etaeads for exWsive use by tier occupants W Resamaldlev d oaf/user to dwepmrca to
or for communal use end, In eddnbn, may have meat of any SSellmg containing we(2),tlnrtA*tor
this da of . A.D. occoccupant
p end tleing For
availableela heFwwe four (4) Meiling upr shall,be responsible_tor
YInnen nd dining punes ave a Aha[use b,two compliance oa WAn the pashas be Beam H ).
(2)roomlg units shall be deemed the equaalaa of for fngetamly owdlinge,la person who pays the
one pwssug unit. sold waste[diction tee rill be lisponse fa
I 91. Slid waw mean unwanted or discarded setae compliance with 1111 provisions or action ISSZIM);d
t
matematerials.n e surd
aor semisolidsae,inducting hutamle Paye der In,to puna shall betaBAaH
not mod to garbage,ashes,street refuse.Ras, oan, •
�^ dead Haanimal end egrkunurat e.lewd (g) Certain premises not eligible fa solid came�rectbn
lei- ilf Qs`-TI .\ wastes, discarded appances, special wa9B& by city. The and shall net odea ay canmrcia
industrial wastes, and demolition and conalRdin cold waste eycea tram a owl pepaty.nr Bndl
Notary Public wa-les mealy collect any residential add waste cornrow
2. Soil www wnlene means a receptacle used by Musllbp ala wahin a stRttwa which a,admen
_ en prion to fore sold waste Meng the Interval contain*the operation of and wmmeGm hWldmiad,
SHARON STUBBS i between sold waste collection. Institutional,agricultural or other establishment.
5. Sold wage disposal means the process d dicard- O 114 Glutton 1S a ma Code a Gnat/eel d
kg a getting rid of unwanted maters;in WnSWIY Cy baa C,N, lima be, end me game a hereby
D the lira ar't'y n of sold wale. ,. I amended by repealing Sean 1563 metetl end agppq in
4. Sold wane management mean the entire sold waste lieu tared a new section to be codified the ears Woad as
system Cl storage,collection.transponatlo,process- kelpie '�,ririg `
to dimeans keeping. (a) 1542 Sdk wale Wliectors a ah be rewaIllaS the
5. wastefrmnnmeproduction
undoneadd
ea wase from the time of its produtwn until me teed 10thetgn al solid wastei les la Pont M oiiaags
ns collection.pn the limedoaonv0hiawllsoded the seed vert
Ti. . Tran pre plat meas the transporting prnc sa Wad waw sup feed m 9 and 1 will saber chapter My
d
as lee cessi d fcollectionacility
ror processing b a.aim (p), ge b549 all r thisnetUtAre
waste processing yaziiay orsaitl waste deposal as Collects or blowingielaliter caused d a RWM a Me
nal
U.k. Anemic) Fotadkn�Nlae tl the solid wade enactoratlas
Y 1. Yard wastes means grass clipping&,leaves,tree and be collected and placed In the berspIXWlcnwades
' oral)trimmings. by the solid waste collects:
Z Reeaaed. (w M sole wale aaaspalelen sada strait be
SECTION 2 Tfrel Chapter 15 of the Code of Ordinances of i d stained Ina sale clean and sanitarycorbfotr,
the Cly tl Iowa Gly, Iowa, be. end the fame hereby amindentl ph constructed,d,maintained andtweed to
amended by repining Section 15-29 thereof,and enacting in prevent nation of of sold waVa l be
Don es used ler
leu thereof a new section to be coated the same to read as hanpartaiao sold wale shall beech snail te
kdbws. wee-hgm Codes and wan overs which sail te est
Sea 1549.)Pennll required. ' thNprY pill d to vehicle Of Nall te moderate
No pasow,Na engage vn ma business of coitang, 'arra at Weds Aaanel with teeters ee ended to
uansponmk. Itincasing a dispose d solid waste wean the pure all pun el the cove to the vehicle and shell
cororfe Nape c the city without first obtaining an annual te secured whenever the vehicle l eerepnista sad
permit gaps the set: provided.however,Mai the the provision waste,or,as an altenate&the entire bodies NM No
shad nal a n No to appy to a ees of the hash of enclosed,with only loading hoppers emceed_ No
and suet parrot No permit shall 00 required for mhe cedrrltrnn said waste OW be transposed M Me loading
and va on eosins
a earth and rock maeral from guano or hopper&
xNn eosins. (a Pena Nag not be required lata renew{sing
SECTION 3. Than Chapter 15 of the Code of Ordinances of or disposal elan and rock Matadi nom paled of
the Cyd Iowa Cry. Iowabe, and the same a hereby excavatio d lIt laf Iowa aF such mmelee&Sall
amended by repealing Section 1552 thereof,and enacting in be enisag M 1.VOWS'stags or reeepledes,
her Mar WA a new eaten to be odl ed me Same to read as cay e* St TMeena ee dot ora el the
slows card wing transported Mag ops Wen ore Win
(0) True ,tape and dinned et demoace and
Ggynµten Wedel shall be in ecobance wants
JtllsnInd 1501. -- - _-
SNS TN GIwiIW ie of Es fbCe'cf Otflseia
IN LSM*Iowa ay, ares b.,and w-w l.'neeey
etrweM y wend Swam ISM sweet and aoelyrp t
lith tussah MN span Io be oodllke lee sane treat es
MY
Set
Mb tied. lep0e0•
pi sad wastes snap be depmyprr• aSQceann9
faaeyor disposal area cans aeei web:ea%quire
mina Of city end dile27, ,1._
pmay d The director adept rapt leteelasayag cenaln
reales as hazardous Or epee BN jr1tY.
pIIRWIg10 me regulator*,eq. *soma of such
setae.at MO ladllp r ran*'Wendel feyaatmp
Dispel:
Qat Disposal corporative brMee dng oOr ore d frr ohrton t
or C9a may dIpOOa et bane a d .
• from MeV mama OrComTeltln
sena by delivering
' lame to laCatlone approved by deaeec or.ovlded
Mat such wale were gated'by act'iate/ ca
operations OCGIMng In ITOM or YI part 0.]0011907
Loamy.
(q cgppet Of applgncy l ladPersons: M;ar l
Ctportlous reading or locatede.t Johnson tg�vrayqy
may ofappliances
dispose of appliancesal the lava vided to
upon
chedw of Feu,s.m n 3.1665 No provided
neC.ty Code,.
provided Mal arch wastes wee generated,, by
edemas or operations occurring In whole or In cert
t Jahtan Court'.Appliance,deposited ar�m
nelen
ay Win
Sendai In a* ed oonWal,.a so tlatnegtd
as t0 patent removal Of capeellN or ballaastps,,lel
be subled o.a surcharge fes ad provided*'ins
Schedule of Fees.Section 32.1-54 pf the Cayce&
(e) Dkpwal e4 urs in.wean. Ptsone;Ma'or
ceiporatlor@ Miffing or lcelee N Johnson pupy
may.dispose of roes at to lip Vey LaMar dpon
Sment of the resurrect lee
Schedule of Fees, n
Sectio32,1Ei W *Moe,
provided that. mutt wastes Weis generated by
attack;Of o ermkfls ocouned le whole a pen
hi Jetelean(Q Appliances and County.e to be separated from ol}Jer'aced
wastes fa disposal Appliances a rel ties may hat be
mixed well lersolid wastes Oelhkred to the Bell
aOr*WOO* Person,pare,err aerporatlontrgepoe.
IIp*appliances or tem at de left;mail separate
pose armefrom other solar wee,MeIaterab,eaten
deliver end unload'mal a Se 4e dasiganaed lar
disposal of such Bene,
(pi Disposal of paabted ort gales.or
Improper disposl-pennies A ohipinidt y
person.frm,or rgporabon Is ddppee,or mama to
dispose,of hazardous or;mar weak.a trio
Iowa Cy Cy Landfill M a Mame,a.m cetlon
other than hat provided by to dela,p to
subsection(b)above.t a prlsseed for ayp�p���_
fine.of corporm✓atto depose,of attempt.tcn
of applenceo or tires at p.ion Cty Langer a
manner or at a location sew Nen:that Abarfed
pursuant to subsection(c)nail above.Vioptions
l Isis provision,or of regigiNall1 edopteoiy,ew
doctor pursuard to subsu Me, (b) above,,Nell
constitute ether a misdemeanor or.a.Municipal.
infraction. The Cysrare id whevhi such
substances o materiae from me disposal enetribalror
for cleaning up the disposal AIR troll be chargeable
to the 80111 waste disposal or tollelionacted of
the offending•' Repeated vllabon of mei pbvtaion,or da.
tens adopted by the director plrsuantto subsection
t (b),above,shall be cause fp the Cy's revocation of t
the Wyllie disposal preileges of an olendheey,
ater notice end opporunyICC hearing as'povSmd
in Chapter 2,Article IX,Adrininemlaecodejotione
' 2.184 through 2-192.
CIION 6 SEVERABIILITt If any l40 provimoo#g..mis.
Ordinance welds re for any reason declared IMgalo void,the;the '
lawful povenns of this Ordnance,wilt are save from
sold unlawful provisoes,shall bo and remain in fuer t* add
effect,me same.es I the Ordinance Canned no(Illegal or
void provisions.
SECRON.7: REPEALER: Al oadrrces or pgirg of
*affiances in conflict sip the provision df lois Ordinance are
hereby repealed.
SEQT1ON a. EFFECTIVE DATE; This Ordinance ehat bee
full forteand end horand alter Is final passage and
publication as by law reauirad.
Passed aria approved Ma 25th clay of.Julys
f�9.
f Yr Ft
:v)
ATTEST - . -Pam)
CITY RK
31368 A1.1988 1.2.1989
U rc( t crJL
ORDINANCE NO, 89-3428
AN ORDINANCE AMENDING CHAPTER 32.1, "TAXATION AND REVENUES", OF THE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING SECTION 32.1-55
THEREOF, AND ENACTING IN LIEU THEREOF A NEW SECTION TO BE CODIFIED THE SAME,
SETTING THE AMOUNTS OF FEES FOR THE COLLECTION OF APPLIANCES AND TIRES AND
FOR THE DISPOSAL OF APPLIANCES AND TIRES AT THE LANDFILL, AND INCREASING THE
MINIMUM FEE FOR LANDFILL USE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION 1. That Chapter 32.1 of the Code of Ordinances of the City of Iowa City, Iowa, be
and the same is hereby amended by repealing Section 32.1-55 thereof, and enacting in lieu
thereof a new section to be codified the same to read as follows:
Sec. 32.1-55. Fee or Charges Authorized in Chapter 15.
Municipal Code
Section
Authorizing Fee
Charge, Fine or Description of Fee,
Penalty: Charge, Fine, or Penalty: Charge:
Sec. 15-31 Fee for annual solid waste One dollar ($1.00) per collection
permit vehicle per year
Sec. 15-65(a) Residential solid waste collection fees
Rates effective for bills on or after: Sept. 1 Sept. 1
1988 1989
per dwelling unit, per month $5.25 $5.50
per two rooming units, per month $5.25 $5.50
Appliance collection fee, fee per item
collected $10.00
Tire collection fee, fee per tire
collected $ 2.00
(b) Landfill use fees
July 1 July 1 Sept. 1
Rates Effective: 1988 1989 1989
City fee (per ton) $7.75 $ 8.00
State fee (per ton) $1.50 $ 2.00
Total fee (per ton) $9.25 $10.00
Minimum fee in lieu of tonnage fees $ 1.35 $ 2.00
Tire disposal fee, fee per pound, subject $ .05
to minimum fee.
o( {
Ordinance No. 89-3428
Page 2
Sept. 1
1989
Appliance disposal fee, fee per item
disposed $ 3.00
Appliance disposal fee, surcharge for
crushed or damaged item, fee per item
disposed $25.00
Hazardous or special wastes disposal
fee.
The fee for disposal of hazardous or
special wastes shall be the City's
actual cost for disposal, as determined
by the director.
Sec. 15-66(a) Deposit fee for combined city water Residential account: $50.00 per
and/or sewer and/or solid waste combined residential service for
collection accounts. city water and/or sewer and/or solid
waste collection service.
Sec. 15-66(b) Delinquency deposit for combined In an amount equal to the average
water and/or sewer and/or waste two-month billing for the delinquent
collection accounts. account.
SECTION 2. SEVERABILITY CLAUSE. If any of the provisions of this Ordinance are for any
reason declared illegal or void, then the lawful provisions of this Ordinance, which are
severable from said unlawful provisions, shall be and remain in full force an effect, the same
as if the Ordinance contained no illegal or void provisions.
SECTION 3. REPEALER: All ordinances and parts of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after
its final passage and publication as by law provided.
Passed and approved this 8th day of August, 1989.
;4,4
OR
ATTEST: � cta.o J 7f1. 712.2. n)
CITY C_ERK
ORM 74/07
LEGAL DEPARTMENT
029
It was moved by Balmer and seconded by Ambrisco that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
Kubby
X Larson
X McDonald
First Consideration
Vote for passage:
Second Consideration 7/25/89
Vote for passage: Ayes: Larson, McDonald, Ambrisco, Balmer,
Courtney, Horowitz, Kubby. Nays: None. Absent: None.
Date published 8/16/89
Moved by Balmer, seconded by Horowitz, that the rule requiring
ordinances to be considered and voted on for passage at two
council meetings prior to the meeting at which it is to be
finally passed be suspended, the first consideration and vote
be waived and the ordinance be given second consideration at
this time. Ayes: Kubby, Larson, McDonald, Ambrisco, Balmer,
Courtney, Horowitz. Nays: None. Absent: None.
c29
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5C00
•
STATE OF IOWA
) SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3428 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
8th day of August , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 16th day of August , 1989
Dated at Iowa City, Iowa, this 1st day of September ,1989
.na Parrott, Deputy City Clerk
OFFICIAL PUBLICATION OFFICIAL PUBLICATION
ORDINANCE NO. 89-3428
AN ORDINANCE AMENDING CHAPTER 32.1,"TAXATION AND REVENUES',OF THE CODE 01
ORDINANCES OF THE CITY OF IOWA OITY, IOWA, BY REPEALING SECTION 32.1-5
THEREOF,AND ENACTING IN LIEU THEREOF A NEW SECTION TO BE CODIFIED THE SAME
SETTING THE AMOUNTS OF FEES FOR THE COLLECTION OF APPLIANCES AND TIRES AN!
- FOR THE DISPOSAL OF APPLIANCES AND TIRES AT THE LANDFILL,AND INCREASING THI
MINIMUM FEE FOR LANDFILL USE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION 1. That Chapter 32.1 of the Code of Ordinances of the City of Iowa City, Iowa,bi
and the carne Is hereby emended by repealing Section 32.1-55 thereof, and enacting In liar
thereof a new section to be codified the same to read as follows:
Sec. 32.1-55. Fee or Charges Authorized In Chapter 15.
Printer's fee aC
Municipal Code ,
CERTIFICATE OF PUBLICATION Section Authorizing Fee
STATE OF IOWA.Johnson County. set Charge, Fine or Description of Fee,
THE IOWA CITY PRESS-CITIZEN PB°alty' Charge, fire,or Penalty: Charge:
Sec. 1531. Fee for annual.eolld waste One dollar($1.00) per collectlor
permit vehicle per year
Sec. 1585(a) Residential solid waste collection fees
I.
Carol Barr. being duly sworn, say that I Rates effective for Wile on or after: Sept. 1 Sept. 1
am the legal clerk of the IOWA CITY 1988 sag
PRESS-CITIZEN, a newspaper - • per dwelling unit, per month $5.25 $550
published in said county, and that a per two rooming units, per month $5.25 $5.50
notice, a printed copy of which is hereto
attached, was published in said paper Appliance collection fee,fee per item
/ time(s). on the following collected $1000
date(s): Tire collection fee,tee per tire
,. / collected $2.00
24 do 9 (b) Landfill use fees Y July1 July 1 Sept. 1
////J Rates Effective: . 1988 1989 1909
/", Si--) City fee (per ton) $7.75 $8,00
C- State fee (per ton) • 31,50 $2.00
Legal Clerk Total fee (per ton) ' $9.25 $10.00
•
Subscribed and sworn to before me
a Minimum fee In Feu Of tonnage fees $1.35 $2.00
Tire disposal fee,fee per pound,subject $ .05
�— to minimum fee.
this La±yof , A.D.
Appliance disposal fee,fee per item
disposed $3.00
att....4.4:n\._ a Appliance disposal fee, surcharge for
crushed or damaged item,fee per Item
disposed $2500
Notary Public Hazardous or special wastes disposal
fee.
fa SHARON STUBBS The fee for disposal of hazardous or
special wastes shall be the City's
actual cost for disposal, as determined •
by the director.
Sec. 15-66(a) Deposit fee for combined city water Residential account: $50.00 per
and/or sewer and/or solid waste combined residential service for
collection accounts. city water and/or sewer and/or solid
waste collection service.
.103 asratunlo.J r1o1574001 a Si
NEM As -o Belot a e 'au! set Io none.)
Jo serol erpue sg2!q aql ut
IRed jo ppm a41 Om
•pu
am of peg salon pue 'Si
_ s!q of peg sao2 'flog VC
Aepg2.!q gm s!4 Io 742!u
(�.,, -'-t- i' i g s,uosagog Io saealf gi sued
I .-; :r_ _fill -, S 2mT
Crot u 1/4--
ORDINANCE
`ORDINANCE NO. 89-3429
AN ORDINANCE TO AMEND CHAPTER 36, THE ZONING
ORDINANCE, BY AMENDING SECTION 36-4(c) AND 36-
23(b) TO DEFINE CONSIGNMENT STORES AND TO
PERMIT THEM IN THE COMMERCIAL INTENSIVE ZONE.
WHEREAS, consignment stores share the characteristics of
other uses in the CI-1, Commercial Intensive Zone, particularly
the need for storage space; and
WHEREAS, consignment stores will be compatible with the
uses currently allowed in the CI-1 zone; and
WHEREAS, consignment stores are not currently defined in
the Zoning Ordinance and a definition of such stores is
necessary.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION I. AMENDMENT. That Section 36-4(c) is amended
by adding the following:
(9.1) Consignment Store. A retail establishment
engaged in selling used merchandise such as
clothing, furniture, books, shoes, or household
appliances on consignment. In association with
such stores, merchandise is brought to the
establishment and processed by being marked,
cleaned, sorted, and stored as a major part of the
principal use. Such stores do not include those
selling vehicles, auto parts, scrap, or waste.
SECTION II. AMENDMENT. That Section 36-23(b) be
amended by adding the following:
(5.1) Consignment stores.
SECTION III. REPEALER. All ordinances and parts of
ordinances in conflict with the provisions 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
required by law.
Passed and approved this 22nd day of August,
989.
YOR
ATTEST: .)p� . � J
CITY CLERK
Approved as to Form
•
/
,L-gal Department
30
It was moved by Balmer and seconded by Ambrisco that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X _ Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
First Consideration
Vote for passage:
Second Consideration 8/8/89
Vote for passage: Ayes: Kubby, Larson, McDonald, Ambrisco,
Balmer, Courtney. Nays: None. Absent: Horowitz.
Date published 8/30/89
Moved by Larson, seconded by Balmer, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at this it is to be
finally passed be suspended, the first consideration be
waived and the ordinance be given second consideration at
this time. Ayes: Courtney, Kubby, Larson, McDonald,
Ambrisco, Balmer. Nays: None. Absent: Horowitz.
2,n
CITY OF IOWA CITY
CHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
STATE OF IOWA )
SS
JOHNSON COUNTY )
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3429 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
22nd day of August , 1989 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 30th day of August , 19 89
Dated at Iowa City, Iowa, this 5th day of October ,19 89
a ona Parrott, Deputy City Clerk
Printer's fee r�ea' —
OFFICIAL PUBL'ICATIONJ
CERTIFICATE OF PUBLICATION Oro---- O. 89-3419
STATE OF IOWA.Johnson County, ss: - •ANONO:NANCETOAMEND CHAPTER"e,yHEZONING
obsba ce,BY AMENDING SECTION 38-4(d)AND 35•
THE IOWA CITY PRESS-CITIZEN REHE ANO.-23(b)PERTHm WTCOMMERCAL INTENSIVE ZONE-
. WHEREAS.osiclgnrera stores shoe theratbn al
"oda uses In tie ow.Ca,Hereinso!me /0 ZM0.P QM
the Wes HEREAS.,WEAcons .'slues will be=peel.eMEte
HEshamed
consignment
uscuret*shamed in Me CLandI zone:
I, WHEREAS.mnagnment some are not cunent4 Nero In
Carol Barr, being duly sworn, say that I the Zering aanmce and A flitIOn of much Wei Is
am the legal clerk of the IOWA CITY .
DEtowE ITOCI1DA D BVTHE PTY COUNOL OF THE CITY OE
PRESS-CITIZEN, a newspaper • SECTION IOWA.AMDMENT. Tp,s.ams+tn le+AN
a/tadhgthe onsig mer
published in said county, and that a aching Conbwing. Gra. A muE .NEN^^+"
notice, a printed copyof which is'hereto , engaged b Sang used nwahendee wen m
clothing,funrum,boob.sham,a heueNald
attachgd, was published in said paper appliancesenMndg""en O brought let e
l ouch Mak nletshahass w damps b ms
time(s), on the following 1Seainment end processes N'terns marked•
cleaned,sorted,and stored a5 s melor Pan Cade
date(s): • Urinal*uss Such bores do net intrude dal
//ss Sung vehlilm.,wee pen4 stns.a ease.
/ /�� . ?l /� 9 • N BEOTDN R AMENDMENT. TIS GaLMM SMCI be r,
L/.ted/fL�/� !/ l/ e,w"rtded by adding the aaoreng:
(s h) Consignment ram.
n$ECTIWL El. REFFEE/A��EER. AN aCMbkAe Ord pests el
•. hereby eSIn ywuE dep1ogRGns of lti Opium we
a hereby Icy,BEVERMILRV.II shy seam,F'a'e°n aWE
'✓ f a pp Ordinance Iedi be ions nd b MIS vo a
�.1 1 anbe Orono. a shall
a di Burinot aRO.to00Pill
d the Of&w on ea s M'hole et arty'pcsion•,aarnsioh of Ped
Legal Clerk tawin edjudgmd Invalid a unconstitutional
g yLCRO.. USA- The ,Otos*W te h t
MNOI " situ s final passage, approvals
,bpi pear-aeon es
Subscribed and sworn to before me Pf°"ilssed by
approved um 22nd day of August,
989.
this q day of A.D.
OR
19 ATgsr ! yal
, 31873 - - August 30,1989
Notary Public
in
SHARON TUBBS . -
i
'
•
C CA ODL
ORDINANCE NO. 89-3430
AN ORDINANCE AMENDING CHAPTER 32.1, ENTITLED "TAXATION AND REVENUES" OF THE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 32.1-63 THEREIN TO ADD
NEW PERMIT FEES FOR THE CAPITOL STREET PARKING RAMP AND CENTRAL BUSINESS DISTRICT LOTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
SECTION 1: That Chapter 32.1 of the Code of Ordinances of the City of Iowa City,
Iowa, be, and the same is hereby amended by repealing Section 32.1-63 -thereof, and
enacting in lieu thereof a new section to be codified the same to read as follows:
Sec. 32.1-63. Fees or Charges Authorized in Chapter 23.
Municipal Code
Section
Authorizing Fee
Charge, Fine or Description of Fee,
Penalty: Charge, Fine, or Penalty: Charge:
Sec. 23-249 Fee for Contractor Reservation $ 4.00/day
of Meter Space (Meter Hood)
Show-up fee charged by Tow Truck $ 20.00
Operator
Sec. 23-274 Parking Meter Fees.
Central Business District On-Street $ .40/hour
Meter
Central Business District Lot Meter $ .40/hour
Peripheral On-Street Meter (Outside
Central Business District) $ .30/hour
Peripheral Lot Meter (Outside
Central Business District) $ .30/hour
Meter Hood/Contractor $ 4.00/day
Sec. 23-277 Fees for parking in city parking
lots and structures.
Municipal Parking Lot (adjacent to
Ramp B)
Monthly All-Day Permits $ 40.00/month
Monthly All-Day Permits (annual
advance-payment) $456.00/year
31
Ordinance No. 89-3430
Page 2
Municipal Code
Section
Authorizing Fee
Charge, Fine or Description of Fee,
Penalty: Charge, Fine, or Penalty: Charge:
Section 23-277 Monthly Off-Hours Permits
(continued) (After 5 PM, Monday-Friday;
All-Day Saturday and Sunday) $ 29.00/month
Lot Permits - Central Business District
Lots
Monthly All-Day Permits $ 40.00/month
Monthly All -Day Permits (annual
advance-payment) $456.00/year
Lot permits - All other municipal
lots $ 30.00/month
Monthly All-Day Permits $ 30.00/month
Monthly All -Day Permits (annual
advance-payment) $342.00/year
City Employee Lot Permits $ 15.00/month
Parking Ramps
Hourly parker (Ramps A & B) $ .40/hour
Maximum All-Day (Ramp B) $ 3.20/day
Monthly All-Day Permits (Ramp A) $ 50.00/month
Monthly All-Day Permits (annual
advance-payment - Ramp A) $570.00/year
Monthly All-Day Permits (Ramp B) $ 40.00/month
Monthly All-Day Permits (annual
advance payment - Ramp B) $456.00/year
Monthly Off-Hours Permits (Ramp B) $ 29.00/month
The above hourly parking rates for parking ramps will apply
to both parking ramps, with the exception of cars exiting when
a cashier is not on duty. A flat rate of 75t shall apply and
be deposited at the exit gate.
Ramp A is the Capitol Street Parking Ramp, while Ramp B is the
Dubuque Street Parking Ramp.
Reissue of lot/stolen permits $ 2.00/each
reissue
31
Ordinance No. 89-3430
Page 3
Municipal Code
Section
Authorizing Fee
Charge, Fine or Description of Fee,
Penalty: Charge, Fine, or Penalty: Charge:
Sec. 23-279 Penalties for Parking Violations.
Overtime parking $ 3.00
Expired meter $ 3.00
Prohibited zone $ 5.00
Illegal parking - handicapped parking
space $ 25.00
One-hour restricted zone - Civic Center
lot $ 3.00
All other illegal parking violations of
this chapter. $ 5.00
SECTION 2. SEVERABILITY: If any of the provisions of this Ordinance are for any
reason declared illegal or void, then the lawful provisions of this Ordinance which
are severable from said unlawful provisions, shall be and remain in full force and
effect, the same as if the Ordinance contained no illegal or void provisions.
SECTION 3. REPEALER: All ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and
after its final passage and publication as by law provided.
Passed and approved this 5th day of September, 1989.
t
YOR
ATTEST: )Q,,;,,.„) 20,,Aj
CITY`CLERK
[40—.F°R"_"_ /5),7
LEGAL LEGAL DEPARTMENT
It was moved by Balmer and seconded by Horowitz that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
Kubby
X Larson
McDonald
First Consideration 8/8/89
Vote for passage: Ayes: Larson, McDonald, Ambrisco,
Balmer, Courtney, Kubby. Nays: None. Absent: Horowitz.
Second Consideration 8/22/89
Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson,
McDonald, Ambrisco, Balmer. Nays: None. Absent: None.
Date published 9/13/89
31
CITY OF IOWA CITY
CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
STATE OF IOWA
SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3430 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
5th day of September , 1989 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 13th day of September , 1989
Dated at Iowa City, Iowa, this5th day of October ,19 89 .
c"�
,
a na Parrott, Deputy City Clerk
/2 ..7__.
OFFICIAL PUBLICATION OFFICIAL PUBLICATION
ORDINANCE NO. 89-3430
NI ORDINANCE AMENDING CHAPTER 32.1, ENTITLED"TAXATION AND REVENUES" OF THE CODE OF
NEWINANCES OF THE CITY OF IOWA CITY,PERMIT FEES FOR THE CAPITOL STREET]PARKING RAMA, BY PAND CENTRAL ING LL BUSINESS DISTRICT CTION 32.1-63 THEREIN LOTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
SECTION 1: That Chapter 32.1 of the Code of Ordinancesyof the City of Iowa City,
enactinrinNllieu d thesame
of a new is section be codified the same to ion ore d3 as follows:
• Sec. 32.1.43. Fees or Charges Authorized in Chapter 23.
Municigql Code
Secti t
Authoriflani,Fee
Charge, MI or Description of Fee,3 Charge:
s Penalty:"' Charge, Fine, or Penalty:
Printer's fee S �7 Sec. 23-240 Fee for Contractor Reservation $ 4.00/day
of Meter Space (Meter Hood)
CERTIFICATE OF PUBLICATION Show-up fee charged by Tow TrrtN.1 $ 20.00
STATE OF IOWA,Johnson County. ss: operator
THE IOWA CITY PRESS-CITIZEN Sec. 23-274 Parking Meter Fees.
Central Business District On-Street $ .40/hour
Meter -
Central Business District Lot Meter . $ .40/hour
I,
Carol Barr, being duly sworn, say that I Peripheral On-Street Meter'(Outside ' .30/hour
am the legal clerk of the IOWA CITY Central Business District) S
PRESS-CITIZEN, a newspaper Peripheral Lot Meter (Outside $ •
.3o/hour
published in said county, and that a . Central Business District) $ 4.00/daynotice, a printed copy of which is hereto Meter Hood/contractor
attached, was published in said paper Sec. 23477 Fees for parking in city parking
/ time(s), on the following - lots and structures..
date(s): Municipal Parking Lot (adjacent to -
RamP 0)
Monthly All,Oalr Permits $ 40.00honCh
Monthly All-Day Permits (annual $456.40/year
advance-payment)
gitede.zetiMunicipal C
ada
Sect:es r "
I Authorizing
Fee
Legal Clerk Charge, Fine or Charge,iption or Penalty:of CNarg{
Penalty: ve.:..
Subscribed and sworn to before me cotton 23•277 Monthly Off-Hours Permits
(continued) (After 5 III, Monday-Fridqq•
••��9 All-Day Saturday and Sunday) ' S 29.00/month
t to
thiM;T ` day of •A .D. Lot Permits - Central Business District
Lots
19LINA6 ^ Monthly All-DajPermits rt0.00/month
sita_ Monthly All-Day Permits. (annual :li"
advance-payment) :fd .00/year
Notary Public Lot permits - All other municipal
lots $ 30.00/month
SHARON STUBBS Monthly All-Day Permits ' $ 30.00/month
:. . _ Monthly All-Day Permits (annual
advance-payment) $342.00/year
City Employee Lot Permits • $ 15.00/month
Parking Ramps .
Hourly Maximum All-All-
Day r (Ramps AS.B) B) $$ 3.20/day r
Monthly All-Day Permits (Ramp A) $ 50.00/month
Monthly Ali-Day 'Ramp
Permits'Ram (annual
advance-payment -. o AI $570.00/year •
Monthly All-Day Permits (Ramp B) $ 40.00/month
Monthly All-Day Permits (annual
advance payment - Ramp B) 1456.00/year
Monthly Off-Moors Permits (Ramp B)- S 29.00/month
'fi?M. sabove hourly parking rates for parking ramps will apply
to both parking ramps, with the exception of cars exiting when
a cashier is not on duty. A flat rate of 75t shall apply and
be deposited at the exit gate.
_ - Ramp A is the Capitol. Street Parking Ramp, while Ramp Bis the
-- - Dubuque Street Parking Ramp. •
' Reissue of lot/stolen permits $ 2.00/each
reissue
I (94•1_ o7 -'.Z 'cu
..ff
Section -
i Authorizing Fee •
Charge, Fine or Description of Fee,
-Penalty: Charge, Fine, or Penalty: Charge:
Sec. 23-279 Penalties for Parking Violations. ,
Overtime parking • S 3.00
Expired meter $ 3.00
1 • Prohibited zone $ 5.00
Illegal parking - handicapped parking
space S 25.00
One-hour restricted zone - Civic Center - .
lot $ 3.00
All other illegal parking violations of
• - this chapter. r $ 5.00
t SECTION 2, SEVER4BII ITY: If any of the provisions of this'Ordinance are for any
reason declared illegal or void then the!lawful provisions of this Ordinance which
are severable from said-unlawful provisions, shall be and remain in full force and
. effect, thesamc of if the_Ordinance contained no illegal or-void.provisions.
SECTION 3. REPEALER -ATI-ordinances•or'parts of ordinances- in conflict with the
provisions of this Ordinance-are hereby repealed. _ -
SECTION 4. EFFECTIVE DATE: This Ordinanceshallbe in full force and effect from and
after its final passage and publication as by law provided.
Passed and approved this 5th day of September, 1989.
OR 48.., E
r.
.ATTEST: rD i- aJ•
t]T LP2— �-- 72010 5eptemberd3,1989
ORDINANCE NO. 89-3431
AN ORDINANCE TO AMEND CHAPTER 36, ZONING OR-
DINANCE, TO PERMIT FENCES UP TO SIX FEET IN HEIGHT
WITHIN A FRONT YARD ABUTTING AN ARTERIAL STREET.
WHEREAS, residential properties along expressways and
arterial streets must tolerate a certain amount of noise dust,
glare and other negative effects of high traffic volume; and
WHEREAS, residential property owners on double frontage
lots are affected by traffic on both ends of their lots; and
WHEREAS, these property owners should be able to
ameliorate some of these negative effects by erecting a fence
between their residence and the high traffic volume street; and
WHEREAS,A six foot fence along an expressway or arterial
street will not obstruct visibility, or Impede the flow of traffic or
access to the right-of-way.
NOW,THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. That subsection 36-65(a)(4) is
hereby deleted and the following is inserted in lieu thereof:
(4) In R zones or within 50 feet of an R zone along the
same frontage, fences within the front yard shall not
exceed four (4) feet in height. Fences may be
constructed within a front yard abutting an express-
way or arterial street, as listed or defined in the
Comprehensive Plan, to a height not exceeding six
(6) feet when:
a. The front yard Is within a double
frontage lot, or
b. The front yard is within a corner lot
and abuts the front yard of a
double frontage lot.
SECTION II. REPEALER: All ordinances and parts of ordinan-
ces in conflict with the provisions 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 unconstitu-
tional, 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. EFFECTIVE DATE: This Ordinance shall be in
effect after its final passage, approval and publication as
required by law.
P.r: ed and approved this 19th day of September,
OR
ATTEST: - 1.
CITY CLERK
Approved as to Form
AOS 9/'/t?
Legal Department
It was moved by Balmer and seconded by Ambrisco that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
First Consideration
Vote for passage:
Second Consideration 9/5/89
Vote for passage: Ayes: Larson, McDonald, Ambrisco, Balmer,
Courtney, Horowitz, Kubby. Nays: None. Absent: None.
Date published 9/27/89
Moved by Balmer, seconded by Horowitz, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the first consideration be waived
and the ordinance be given second consideration at this time.
Ayes: Kubby, Larson, McDonald, Ambrisco, Balmer, Courtney,
Horowitz. Nays: None. Absent: None.
CITY OF IOWA CITY
CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
STATE OF IOWA )
) S5
JOHNSON COUNTY )
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3431 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
19th day of September , 1989 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 27th day of September , 19 89
Dated at Iowa City, Iowa, this 8th day of November _,19 89 -
a ona arrott, Deputy
Printer's fee sae)
•
CERTIFICATE OF PUBLICATION OFFICIAL PUBLICATION
STATE OF IOWA, Johnson County, 55: ORDINANCE N0.89-3131
THE IOWA CITY PRESS-CITIZEN
• AN ORDINANCE TO AMEND CHAPTER 36.ZONING OK-
DINANCE,TO PERMIT FENCES UP TO SIX.FEET IN HEIGHT
WITHIN A FRONT YARD ABUTTING AN ARTERIAL STREET.
WHEREAS.residential Progenies along mplasgnys and
arsenal areas must IoNrae a tenpin moue W noise due.
glare and aner negatno attests Piinlgn traffic volutes and ,
Carol Barr, being duly sworn, say that I WHEREAS,residential pAperNow+edarn/frontage
fontage
Igo go affected by traffic on SAO MWa olmn r Wa:DX/
am the legal clerk of the IOWA CITY WHERfpAS. Sae_properly should arwas alae to
PRESS-CIT.IZnewspaper
EN, a a'NI'"en acme of egan''Sects W erecting a fence
between their Yesside«e and the MO trafrzvolume it*and
published in said county and that a WNEnFAS.A els mdtroiceabngan"erweaewaY axone
Street pram'paatruCt x¢Ibligy,a Swede Ile Ilse d traffic of
notice, a printed copy of which is hereto mass lc nierigraulrvay.
NOWTHEREFORE, BE Fr ORDAINED BY THE CRY
attac ed, was published in said paper COUNCILS THE DM OF IOWA STY'.IOWA
g
time(s), on the following SECTION(. .AMENDMENT. Thal sulv:enlon 36-65(a)(4)is
hereby delWd and theci weon 50 Is whaled in lee tSong I
date(s''. (4) In R awes or within 50 feel W Sett ions along fine
Same beage r (4)fanaf within da hop Yard mall not
be
wase]burNet d lapel define in
Mne;r,fou wand st M Yeo.t Fen an acoreas
Try b Mena) sant a beget
n defined A 110
CAmpO When: RNry b•nsBu ash"aapapm
va.man The aom.yld Is redid a daMe
//,///p/�//�/idf //y/�/�J aThe ROM yard Is%thin comer loi
Mia9e M d
and dna.Ina Rona yard el a
double frontagesn M.
SECTION IL REPEALER:p isona of this
ordinanced parts reoaken-
Legal
t a&
Legal Clerk cos In mlMd wan The pra+slone dtna oedernw as hereby
repealed.
E
SCBOTIO
SE NIII. SEYgRABILIN:beajugairy Sbe soden, dor un or part
d me Ordinance Mallbed)urged IbaIprunmromu
Subscribed and sworn to before me Ordin aleO aawwnn SRA na effective Ye lay h the
net adjudged
eelvlid rustynedlon,pmdeicn apart meed •
net tion Invalid d unconstitutional,1This
d�J SECTION N EFFECTIVE DAT : Thio Ordinance WI a g
the ay of (3L—. A.D. end altar final paara•approval and psrlicalon eth
required ta
ailede.
a d aPeroNE thus 14tri day of September,
�y,/yam/�//I,�i iAYOR
s' Ca—a9
1.4.61
Notary Public ATTESTY RN '�
,e`b`` SHARON STUEDS� G 32155 September 17,1989
ORDINANCE NO. 89-3432
AN ORDINANCE TO AMEND THE ZONING ORDINANCE TO
PERMIT AN INCREASE IN BUILDING HEIGHT AND FLOOR
AREA RATIO IN THE COMMERCIAL OFFICE, CO-1, ZONE.
WHEREAS, buildings in the CO-1 zone are not permitted to
exceed 25 feet in height nor a floor area ratio (FAR) of one
(1); and
WHEREAS, this height limitation and FAR were intended to
assure that in those instances where commercial office uses
were located next to residential areas, the scale of the build-
ings in the CO-1 zone would be compatible with the scale of
residential buildings; and
WHEREAS, the City Council has determined that it is In the
interest of the community to permit buildings taller than 25 feet
in the CO-1 zones to foster higher intensity office develop-
ments in areas that are not adjacent to low density residential
zones.
NOW,THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. That Chapter 36, "Zoning Ordinance" of the Code
of Ordinances of the City of Iowa City, Iowa, is hereby
amended by adding thereto the following section:
Section 36-17(g)(3). Buildings on lots that are across the
street from RM, C or I Zones may be increased in height
according to the provisions of Section 36-70(b) except than an
additional front yard setback need not be provided. (The
additional side and rear yard setbacks shall apply.) However,
the minimum separation between the building and the front lot
line of the lot across the street shall be two (2) feet for each
one (1) foot of height. In addition, the floor area ratio (FAR)
may be increased to three (3).
SECTION II. REPEALER: All ordinances and parts of ordinan-
ces in conflict with the provisions 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 unconstitu-
tional, 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. EFFECTIVE DATE: This Ordinance shall be In
effect after its final passage, approval and publication as
required by law.
Passed and approved this 19th day of September,
11 9.
00,AYOR
ATTEST: 4Alq� 7(": ;4
CITY CL RK
App ed as t• •rm
Legal Department
33
It was moved by Ambrisco and seconded by Balmer that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
First Consideration
Vote for passage:
Second Consideration 9/5/89
Vote for passage: Ayes: Ambrisco, Balmer, Courtney, Horowitz,
Kubby, Larson, McDonald. Nays: None. Absent: None.
Date published 9/27/89
Moved by Balmer, seconded by Ambrisco, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the first consideration be waived
and the ordinance to given second consideration at this time.
Ayes: McDonald, Ambrisco, Balmer, Courtney, Horowitz, Kubby,
Larson. Nays: None. Absent: None.
2_S3
CITY OF IOWA CITY
CMC CENTER 410 E. WASHINGTON ST. IOWA CITY. IOWA 52240 (319) 356-5000
STATE OF IOWA
) SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3432 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
19th day of September , 1989 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 27th day of September , 19 89 -
Dated at Iowa City, Iowa, this 8th day of November ,1989
��/_Y.--n2dzzt--/(1
Ramoha Parrott, Deputy City Clerk
,�yr��� '
Printer's fee S�ol.C4Q '
-
- OFFICIAL PUBLICATION
CERTIFICATE OF PUBLICATION EWRNANCC NO. e9-s437
STATE OF IOWA, Johnson County, ss: t `:
AN ORDINANCE TO AMEND THE ZONING ORDINANCE TO
THE IOWA CITY PRESS-CITIZEN i PERtnrANINGRESS?INBUILDING HEIGHT AND FLOOR
AREA RATIO IN 1HE COMMERCIAL OFFPE,CO.1,ZONE
a WHEREAS,buydng,in the CO-I cors am na$rmMad to
mum 15 feel m height.nor a floor area ling(FAR)of one
' (1):and
, • WHEREAS,this heats t.e-n and FAR erre Intended to
I, Maur,Mr Mase Sautes Rhin cu m emelt mee uses
Carol Barr, beingdulysworn, saythat I l Ingo
C0.1 zoneweld
w CementsI In wan the scale a
am the legal clerk of the IOWA CITY 'es1tlennalbi714"9' and
NMEREAS,the Ory Council has draratM®d Meta H In the
PRESS-CITIZEN, a newspaper vuereea Ms opener/tbprm*bolirn3SIFSImen isfera
M the 00.1 zones to katr higher Maly aria deflect,-
published
eWcppublished in said county, and that a r Mere.mareas tiRtare not ey en140 kw dangly resissein
zones
notice, a printed copy of'which is hereto • NIXN,THEREFORE, BE IT ORDAINED A: THE COY
attached, was published in said paper COUNCIL OFTHECIsIOWAZosOfereyA:
P P COUN CI L mai chastest CITY •Zama a aft IOWA' bin Code
_ ./ time(s), on the following a Or laames o1 Me Cey a ler OW tie. a hereby
amended a6 Blohm thereto Ms following alllA.
ra
date 1: _ semwn'3fi-17(8)(3) &zYdraa a\aem d that re lacer Me
rest can RM.C or I Iaee may be Inatome In for
� Aare/�� addirbog*the prm+rmeasemm ase pb rear Min
, amnions front Yard setback nod M be provided (The
adagbrW aloe and rear Yard setbacks shall moN) Honiara..
the mnimum eapa/Mon barman than beS rani era ROMwl
line a theist across the greet than aro a Mt fora sect
one(1)toe Of'heirs In adman,.the Boa end nW(FAR)
_ mey te Increased to lone(3)
Y ��
SECTION LI.REPEALER ep Ali provolone
ora rdance ofre berry G �`[ / we ncanawnhto wwmomawam aw6nmq
B(Me ONrance shall godif to tmora,tor imcoistm nPIM
Legal Clerk a(Me wen adjmheeln alma Kotobalrela amla al the
Orden,Nee r Whelp at-t alma ,Ktaropro Mt onlay h the
rad Udo•ureerrapaetivaaal or pall thence
SE-OnOn sr.inure 1T ueconsautlmei
Subscribed and sworn to before me • swat—y. EFFacmF D., a peal anal pu rnon he
as
elect aro m Neel pampa, approval anal:MlLroidSp as
repaired dv Ina.
.e Passedinedb and amend and ter 19tl day of 9eptembeY,
• this.? day of A.D. T
1
, ....c:42--,fifric
ATTEST: jr31w.vuset f 14i 4) ,
Notary Public crv�
+ 32753• _ September 17,1989
" `aX4Fe
SHARON sitm s1
4e
p
• • •
ORDINANCE NO. 89-3433
AN ORDINANCE TO AMEND THE ZONING ORDINANCE TO
CLARIFY THE RULES OF CONSTRUCTION FOR
BOUNDARIES OF ZONES.
WHEREAS,the present Zoning Ordinance states that where
uncertainty exists as to the locations of zone boundaries
shown on the zoning map, the boundaries of zones along
streets shall be at the center line of streets; and
WHEREAS, it was the Intent of the ordinance that the zone
boundaries along streets would in all cases fall along the
center line of the streets.
NOW,THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CiTY OF IOWA CITY, IOWA:
SECTION I. That Chapter 36, 'Zoning Ordinance'of the Code
of Ordinances of the City of Iowa City, Iowa, is hereby
amended by deleting Section 36-87(a) and Inserting in lieu
thereof:
Section 36-87(a). The boundaries of various zones shall
be as shown on the zoning map accompanying and made a
part of this Chapter, except as otherwise Indicated in the
following rules:
(1) Where the boundaries of the zones are along streets
and alleys, they shall be construed to be along the
center lines of such streets and alleys.
(2) Where the boundaries of the zones are not otherwise
indicated, and where the property has been or may
hereafter be divided into blocks and lots, the bound-
aries of the zones shall be construed to be the lot
lines and where the zones designated on the zoning
map accompanying and made a part of this Chapter
are bounded approximately by lot lines, the lot lines
shall be construed to be the boundaries of the zones
unless the boundaries are otherwise indicated on the
map.
(3) In separate tracts not subdivided and in unsubdivided
property, the zoning boundary lines on the map
accompanying and made a part of this Chapter shall
be determined by use of the scale appearing on the
map.
SECTION II. REPEALER: All ordinances and parts of ordinan-
ces in conflict with the provisions 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 unconstitu-
tional, 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. EFFECTIVE DATE: This Ordinance shall be in
effect after its final passage, approval and publication as
required by law.
P, ed and approved this 19th day of September,
19//
' OR
ATTEST: 7Y •
CITY C K
Apr/ed rm
/ . '//44
Legal Department 11
'�,I.F
It was moved by Horowitz and seconded by Ambrisco that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X _ Courtney
X Horowitz
X Kubby
Larson
g_ McDonald
First Consideration
Vote for passage:
Second Consideration 9/5/89
Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson,
McDonald, Ambrisco, Balmer. Nays: None. Absent: None.
Date published 9/27/89
Moved by Balmer, seconded by Ambrisco, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the first consideration be waived
and the ordinance be given second consideration at this time.
Ayes: Balmer, Courtney, Horowitz, Kubby, Larson, McDonald,
Ambrisco. Nays: None. Absent: None.
34
CITY OF IOWA CITY
CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-50CD
STATE OF IOWA
) S5
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3433 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
19th day of September , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 27th day of September , 19 89
Dated at Iowa City, Iowa, this 8th day of November ,19 89 .
(Fifa
'a ona Parrott, Deputy City Clerk
•
7 OFFICIAL PUBLICATION
Printer's fee S
oRO1N,INCE Ng. 89-3433 •
CERTIFICATE OF PUBLICATION ANMINAS"TOAMEND INE ZONiNOOROAMI( TO
CLAIWY THE RULES OF CONSTRUCTION FOR
STATE OF IOWA, Johnson County, ss: BOUNpMlS OF ZONES.
THE IOWA CITY PRESS-CITIZEN WllEAS.p.cowl Zwmg Oretneoa rates Mal taa
wens*TAI..to I.Iran el Ion bolAm.We
slam en to taring nap,re ttnaer of[cera aaq
nab Nal to a is aoW hie d Wnee:and
SERFA9.•was the heat of Ina a6nesw to Ibe tatne
foie a Song flats would In Y rete.fat gong me
cots Ins d m.Watt.
I, NOW,THEREFORE BE IT Ot10Y, BY lip CITY
COUNGL OF THE CITY OF OWE CT'.IOWA:
Carol Barr, being duly sworn, say that I g OHL TMW awn( zoning ontmenps d a.Oae•
Onil•by d the Oh d Ion Ry, ba.W. bendy
am the legal clerk of the IOWA CITY by OWN Ones 88-87(e Ana ItsenWp In to
PRESS-CITIZEN, a newspaper &m xaa(q. Tb ba•aWler various ewes Mat
in said county, and that a be s•shown on bezonng nap•o�' h'g.a feeds•
published gat+of t.Chen, scat a alrylma nomad In the
notice, a printed copy of which is hereto Kierear
Il) Mare the basad s@ armee as alae Mese
attach d, was published in said paper set Sys,o•+say tallta tocr•bt S and oe be Sop the
time(s), on the following (y. Whom yr baAdaae afros won w mat~SO
hreatad.We etwa thepropeny M bon g may
date(s)' - Warr Ii.Weed MPWaft NM ya,ma 00-an
Ree of the tone NW be owned to be tr ft
® �,a� / :, Nap eel"tee mg and afsepen se t e s
-f/ el/s�y 1bnd.daccompanying and�a•a gnat we Rr
Ws ba e to be gy by Ice ewe isbl Ines
=Sinai
onta i lo
rail ba=Si b ay bbusts•t is apnea
preen the boanaales n othee ee Imitated oh IP*
nae-
urt
del-1,44)2401A, primac U.ro ataNgay Wetann n* deo
accornM.mi � bwrgry �On t.Ri
G Oa
be by us a to araee tieing anew
Legal Clerk "¢
FICTION X. salt.pe Aa gat is as pets Barone.
rep t conlMe elm Ula Pwagr d Me tams.,.N n•t•b1'
ellett
Subscribed and sworn to before me m. SEYERAb *deed
eWrystly PtypOapa
tag shill be eWuageorobe unconseu-
,
the
Its*wart Ielonetaye Ib trot is mgayy d the
Oranra•am•whole or are wise praWsbn or pea mond
}. M•clued Immo or aellaWaruL
this day of (/—u . A.D. SECTION IV.. EFFEcrnEPATE: TabOtar.eaewnbet
god ear b thai prows, 4prw•I and Ptanaon as
a¢tlaa by W.
r
19 •
d*prod this 19th day of September,
OR
Notary Public Ate; j
CITY
' SHARON STUBS N 32254 September 27,1989
ac ,
ORDINANCE NO. 89-3434
AN ORDINANCE AMENDING THE ZONING ORDINANCE
• BY CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY LOCATED AT 615 E. JEFFERSON STREET
FROM RNC-20 TO CO-1.
WHEREAS, the property described below
abuts property zoned CO-1, and which is
used as a medical clinic; and
WHEREAS, the CO-1 zoning designation is
• consistent with the land use policies for
the property as set forth in the 1989 •
Update of the Iowa City Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. ZONING AMENDMENT. That the
property described below is hereby
reclassified from its present
classification of RNC-20 to CO-1:
The West 1/2 of Lot 2, in Block 25, in
Iowa City, Johnson County, Iowa,
according to the plat thereof recorded
in Book 1, Page 116, Plat Records of
Johnson County, Iowa.
SECTION II. ZONING MAP. The Building
Inspector is hereby authorized and directed
to change the zoning map of the City of
Iowa City, Iowa, to conform to this
amendment upon final passage, approval and
publication of this Ordinance as provided
by law.
SECTION III. CERTIFICATION AND RECORDING.
The City Clerk is hereby authorized and
directed to certify a copy of this
Ordinance which shall be recorded at the
Office of the County Recorder of Johnson
County, Iowa.
SECTION IV. REPEALER: All ordinances and
parts of ordinances in conflict with the
provisions of this Ordinance are hereby
repealed.
SECTION V. SEVERABILITY: If any section,
provision or part of the Ordinance shall
be adjudged to be invalid or
unconstitutional , such adjudication shall
not affect the validity of the Ordinance •
as a whole, or any section, provision or
part thereof not adjudged invalid or
unconstitutional .
SECTION VI. EFFECTIVE DATE: This
Ordinance shall be in effect after its
final passage, approval and publication as
required by law.
3S
Ordinance No. 89-3434
Page 2
Passed and approved this 17th day of October, 1989.
/, / c�
M:1�iR
ATTEST:
C TY LLERKJ
Approved as to Form
A/
egal Department
7- al
35
It was moved by Ambrisco and seconded by Balmer that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
x Courtney
X Horowitz
Kubby
Larson
McDonald
First Consideration
Vote for passage:
Second Consideration 10/3/89
Vote for passage: Ayes: Larson, McDonald, Ambrisco, Balmer,
Courtney, Horowitz. Nays: Kubby.
Date published 10/18/89
Moved by Balmer, seconded by Ambrisco, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the first consideration be waived
and the ordinance be given second consideration at this time.
Ayes: Horowitz, Kubby, Larson, McDonald, Ambrisco, Balmer,
Courtney. Nays: None.
3S
CITY OF IOWA CITY
CMC CENTER 410 E. WASHINGTON ST IOWA CITY. IOWA 52240 (319) 356-5030
STATE OF IOWA
SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3434 which was passed by
• the City Council of Iowa City, Iowa, at a regular meeting held on the
17th day of October , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 18th day of October , 19 89
Dated at Iowa City, Iowa, this 8th day of November ,19 89
/ �.
morja Parrott, Deputy City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. R9-2434 -
f AN ORDINANCE AMENDING THE ZONING ORDINANCE
1.--407
TIS OF CERTAIN
PROPERTYBY CHANGING LOCATEDTHEUSE AT 615 E REGULpJEFFFFERSONSTREET
Printer's fee s4 .L.
FROM RMC-20 TO CO-1.
CERTIFICATE OF PUBLICATION abuts proDerthey zonedeCO- dQ5cribedh and below
STATE OF IOWA. Johnson County, ss: used as a medical clinic; and
THE IOWA CITY PRESS-CITIZEN is
conlHEREAS, the Csiistent with the land nuseepolicies^for
the property as set forth in the 1989
Update of the Iowa City Comprehensive Plan.
HOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
I, SOWAa. ZO N u t ,T. That the
Carol Barr, being duly sworn, say that I property described below is hereby
ceclashe sified of fRrom20 to L0 -1:its present
am the legal clerk of the IOWA CITY TWest on1/ of Lot 0, i CO-- n
published in said county, and that a 25, i
PRESS-CITIZEN, a newspaper IowaheCity, Johnson county, Iowan
according to the plat thereof recorded
in Book 1, Page 116, Plat. Records of
notice, a printed copy of which is hereto Johnson County, Iowa.
attached, was published in said paper ECohns It Zoxtxo NAP. The tut l di ng
time(s), on the following Inspector is hereby authorized and directed
— /
to change the zoning map of the City of
date(s): Iowa City, Iowa, to conform to this
amendment upon final passage, approval end
arls / // /P /9,7 publication of this Ordinance as pnevided
/V/V/6/�f/// by law. : F : a •NO : hP .
ThTtt.
The City Clerk is hereby authortaedy and
directed to certify a copy of. this
��
Couinyncewhich shall be recorded at the
Office of the County Recorder of Johnson
County, Iowa.
SECTION IV R PEAL R: All ordinances and
Legal Clerk parts of ordinances in conflict with the
g provisions of this Ordinance are hereby
repealed•
SECTION V part
ofiTh r any section,
Subscribed and sworn to before me provision or part of the Ordinance shall
be adjudged to be invalid or
unconstitutional, such adjudication shall
`f"t" not affect the validity of'the Ordinance
this day of Ntl . A.D. as a whole, or any section, provision or
part thereof not adjudged invalid or
g ja.......ciitn unconstitutional.
CT s V ,A : This
19
Ordinance shall be in effect after its
final passage, approval and publication as
required by law. 1
Notary Public Passed and approved this 17th day
of October, 1989.
Jle " 4 p SHAR•ON 5'R' f's..•.--F
IL /L4,,.
dcft'.n'� E /iR y
ATTEST: L K 'e. .w>_
32610 October 18,1989
ORDINANCE NO. 89-343S
AN ORDINANCE TO VACATE OLYMPIC CIRCLE, WEST OF
BOYRUM STREET.
WHEREAS, Southgate Development Company has
requested that the City vacate all of the 50 feet of right-of-way
west of Boyrum Street known as Olympic Circle; and
WHEREAS, this right-of-way provides access to four lots
owned by Southgate Development Company which is in the
process of conveying these four lots to a single owner; and
WHEREAS, no properties will be deprived of access by this
vacation and the City has no need for this right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. VACATION. The 50 feet of right-of-way platted as
part of the Resubdivision of portions of Blocks 5 and 6,
Braverman Center, Part One and Two and known as Olympic
Circle Is hereby vacated.
SECTION II. RECORDATION. The City Clerk is hereby
directed and authorized to record this vacation.
SECTION III. REPEALER. All ordinances and parts of
ordinances in conflict with the provisions 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 pese-age, approval and publication as
required by law.
Passed and approved this 17th day of October,
1989
YOR ,/ 1
•
ATTEST: a4ea�
CITY CLLEERK
Ap rov/d as t F m
J
�/• nn-A 7/29/
Legal Department
3b
It was moved by Balmer and seconded by Courtney that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
First Consideration
Vote for passage:
Second Consideration 10/3/89
Vote for passage: Ayes: Balmer, Courtney, Horowitz, Kubby,
Larson, McDonald. Nays: None.
Date published October 25, 1989
Moved by Balmer, seconded by Ambrisco, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the first consideration be waived
and the ordinance be given second consideration at this time.
Ayes: Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson
McDonald. Nays: None.
•
3G
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY, IOWA 52240 (319) 356-50JJ
STATE OF IOWA
) 55
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3435 which was passed by
• the City Council of Iowa City, Iowa, at a regular meeting held on the
17th day of October , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 25th day of October , 19 89
Dated at Iowa City, Iowa, this 8th day of November ,19 89 .
mo a Parrott,��Deputy City Clerk
•
Printer's fee 420/
CERTIFICATE OF PUBLICATION
STATE OF IOWA,Johnson County, ss:
THE IOWA CITY PRESS-CITIZEN
I, OFFICIAL PUBLICATION
Carol Barr, being duly sworn, say that I .-, ORDINANCE NO. V-147$ .
am the legal clerk of the IOWA CITY AN ORtly41C 1 (1O VACATE t Cela{,WEST OF
�''
PRESS-CITIZEN, a newspaper Rt .4 i
published in said county, and that a REAS; Southgate Develowem IGOirisscre hes
red,rred PIN Iti City vacate r Cl the 50 feet d clay
notice, a printed copy of which is hereto was,a BGyNm Sreel knew,as Olympic Cde Ind
attached, was published in said paper ' " m°�„ein las
thrived W„ pmentopanytchIsei
time(s), on the following process of mgwwlk9 titre lea lots to a single arao ed
WHEREAS,no pasetea we be deprven areas by the
date(s): vaW on and she City hes na need to this rVaa+Y
CO� �o�,/ NOW.'THEREFORE, BE IT ORDAINED THE COY
� i-Ii��/J 7/ /�� SE I10NNCIL DFRCE104 CITY maOP
0W ofI It-a
pa a VAC-41104 as ptarariol Baca
tad id6.
pan Cla the IW,oarvSsia,a pee„e a BwAA s ens G.
Braverman Cater,Pen One N Tao and known as Oympd
• Circle is heady vacated.
zyECARDATION. Tb fey pat Ie dewy
///��� de ed atih.,raed to recall Ha vacation.
.4�IVIne r oECT)ON.� 'REPEALER. AN pawsand pens Cl,
//// we/antes In dwet the pOAelee derWeave are
Legal Clerk Cthe CT9pIW yFNy*Oat rirea�w shaaft beBILIN "Sky seci9 IC. or
' wmnymutiarc ouch aqudrcemn shell ter rrec to vat
Cl the pitineqwhole a es a wtany sermon.ppAabn of phi
Subscribed and sworn to before me o netpw4edewakdofunoarmannw
SECTION W LP7EC1NE DAM. Thu Oranancesnal beef
Merl Mu b KW Passat. eppovtl and pA1SIlm se
required bps L
thisi day of 4 , A.D. , 1e`aseed evCappohed Ina 17th day of October,
gICIA–a--CAA—.
r«t U CS .
Notary Public AT EST:J(C�RK ? 't
A,^ SHdRGN j7-wcUirl'v^�^} 327D00RY October 25.19119
rl _ �
a Pi/
ORDINANCE NO. 89-3436
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY GENERALLY LOCATED EAST OF OLD DUBUQUE
STREET (OLD HIGHWAY 218), SOUTH OF VENTURA
AVENUE AND NORTH OF BJAYSVILLE LANE FROM PDH-12
TO RS-5.
WHEREAS, the Comprehensive Plan for the City of Iowa
City shows Residential land uses at a density of 2-8 dwelling
units per acre in the area containing the subject property; and
WHEREAS,the property described below is presently zoned
PDH-12, a Planned Development Overlay Zone; and
WHEREAS,the Planned Development Overlay(OPDH)Zone
permits flexibility in the use and design of structures and land
where conventional development may be inappropriate, and
where modifications of requirements of the underlying zone will
not be contrary to the intent and purpose of the Zoning
Ordinance; will not be inconsistent with the Comprehensive
Plan; and will not be harmful to the neighborhood in which
they are located; and
WHEREAS, the subject property is characterized by gently
sloping meadowland, steeply sloped woodland and flat
wetland; and
WHEREAS, due to the physical characteristics of the subject
property, the site is regarded as an environmentally sensitive
area, and any residential development will impact on these
sensitive areas; and
WHEREAS, it is the policy of the City of Iowa City to
preserve and protect environmentally sensitive areas; and
WHEREAS, the applicant has applied to rezone the
development land from the PDH-12, Planned Development
Housing Overlay Zone to the RS-5, Low Density Single-Family
Residential Zone; and
WHEREAS, it is in the public interest to preserve and
protect the environmentally sensitive attributes of the subject
property, and limiting the number of lots on this property is
appropriate; and
WHEREAS, low density single-family residential uses are the
most appropriate use for this area, and the applicant has
agreed to take measures to mitigate against degradation of
this topographically sensitive area, and acknowledges one
such measure is to limit the number of lots to no more than
sixteen (16) lots, to be used solely for single-family residential
uses, in accordance with the terms and conditions of a
Conditional Zoning Agreement, a copy of which is attached
hereto.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
SECTION I. ZONING AMENDMENT. Subject to the terms and
conditions of the Conditional Zoning Agreement, the property
described below Is hereby reclassified from its present
classification of PDH-12 to RS-5:
Beginning at the Southeast Corner of Lot 9 of
Yocum Subdivision, a part of the North Half of the
Northeast and Northwest fractional Quarters of the
Northwest Quarter of Section 3, Township 79 North,
Range 6 West of the 5th Principal Meridian. In
accordance with the Recorded Plat thereof; Thence
S03°51'00'E, 841.50 feet;Thence N86°56'17'W, 342.19
feet; Thence S56°35'00'W, 91.72 feet to a Point on the
Northeasterly Right-of-Way Line of North Dubuque
Street; Thence N34°24'361W, along said Northeasterly
37
Ordinance No. 89-3436
Page 2
Right-of-Way line, 67.05 feet, to a Point which is 95.00
feet normally distant Northeasterly of the Centerline of
said Street; Thence S89°25'04'E, 30.48 feet; to the
Southwest Corner of said Fractional Northeast Quarter
of the Northwest Quarter of Section 3; Thence
NO2°41'38'W, 199.23feet;Thence NO2°20'33'W, 121.23
feet; Thence NO3°08'4TW, 493.70 feet to the South
Line of Yocum Subdivision; Thence S89°40'00'E,
144.40 feet on the South Line of Yocum Subdivision;
Thence N89°01'00'E, 266.23 feet to the Point of
Beginning. Said tract of land contains 7.966 acres.
SECTION II. ZONING MAP. The Building Inspector Is hereby
authorized and directed to change the Zoning Map of the City
of Iowa City, Iowa, to conform to this amendment upon final
passage, approval and publication of this ordinance as
provided by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The
Mayor Is hereby authorized and directed to sign, and the City
Clerk to attest, the Conditional Zoning Agreement.
SECTION IV. REPEALER. All ordinances and parts of
ordinances in conflict with the provisions of this Ordinance are
hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part
of the Ordinance shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity
of the Ordinance as a whole or any section, provision or part
thereof not adjudged Invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in
effect after its final passage, approval and publication as
required by law.
Passed and approved this 17th day of October,
1989. /
/
lV^
MA
.
,O
ATTEST�y�iC 7f 7e24-4.)C K
Approved as to Form
Legal Department
37
It was moved by Balmer and seconded by Horowitz that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X _ Kubby
X Larson
X McDonald
First Consideration
Vote for passage:
Second Consideration 10/3/89
Vote for passage: Ayes: McDonald, Ambrisco, Balmer, Courtney,
Horowitz, Kubby, Larson. Nays: None.
Date published 10/25/89
Moved by Balmer, seconded by Ambrisco, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the first consideration be waived
and the ordinance be given second consideration at this time.
Ayes: Larson, McDonald, Ambrisco, Balmer, Courtney, Horowitz,
Kubby. Nays: None.
37
CONDITIONAL ZONING AGREEMENT
THIS CONDITIONAL ZONING AGREEMENT is made this SFJ day of October, 1989,
by d between DELTA CONSTRUCTION CO., an Iowa Corporation (hereinafter referred to as
"A:ciicant") and the CITY OF IOWA CITY, a Municipal Corporation (hereinafter referred to as
"Cr,,•):
RECITALS
WHEREAS, Delta Construction Co. is the owner of the following described real estate
located in Johnson County, Iowa:
Beginning at the Southeast Corner of Lot 9 of Yocum Subdivision, a part of the
North Half of the Northeast and Northwest fractional Quarters of the Northwest
Quarter of Section 3, Township 79 North, Range 6 West of the 5th Principal
Meridian. In accordance with the Recorded Plat thereof; Thence S03°51'00"E,
841.50 feet; Thence N86°56'17"W, 337.23 feet; Thence S56°35'00"W, 95.66 feet
to a Point on the Northeasterly Right-of-Way Line of North Dubuque Street;
Thence N34°24'361W, along said Northeasterly Right-of-Way Line, 70.00 feet, to
a Point which is 95.00 feet normally distant Northeasterly of the Centerline of
said Street; Thence S89°25'04"E, 30.48 feet; to the Southwest Corner of said
Fractional Northeast Quarter of the Northwest Quarter of Section 3; Thence
NO2°41'381W, 199.23 feet; Thence NO2°20'331W, 121.23 feet; Thence
NO3°08'47"W, 493.70 feet to the South Line of Yocum Subdivision; Thence
S89°40'00"E, 144.40 feet on the South line of Yocum Subdivision; Thence
N89°01'00"E, 266.23 feet to the Point of Beginning. Said tract of land contains
7.9666 acres, more or less and is subject to easements and restrictions of
record.
WHEREAS, the above described property is currently zoned PDH-12, a Planned
Development Overlay Zone; and the Applicant now desires that this property be rezoned RS-
5, Low Density Single-Family Residential Zone; and
WHEREAS, Low Density Single-Family Residential use is consistent with the City's desire
to praserve and protect the environmentally sensitive attributes of the subject property.
NOW, THEREFORE, in mutual consideration of the promises herein, the Parties agree
as follows:
1. The above described property is currently zoned PDH-12, a Planned Develop-
ment Overlay Zone, and the Applicant as owner of the property now requests the City rezone
the property to RS-5, a low density, single-family residential zone.
2. City and Applicant acknowledge that the RS-5 zone for low density, single-family
residential use is consistent with the surrounding area, and is appropriate for the subject
property.
3. Parties agree the subject property is steeply sloped woodland and flat wetland,
and thereby regarded as an environmentally sensitive area as defined in the City's
Compirehensive Plan.
3 /
4. Parties acknowledge the City's policy is to preserve and protect environmentally
sensitive areas; that such policy is reasonable; and that the City may properly protect against
adverse impacts which residential development may have on these areas.
5. Parties agree it is in the public interest to protect the public needs, and to
preserve and protect environmentally sensitive attributes of the above property; and that limiting
the number of lots on this property is an appropriate and reasonable condition, as provided
by law, §414.5, Iowa Code (1989).
6. Applicant acknowledges and agrees that in the event the subject property is
divided, split or subdivided, that the number of lots on this property shall be no more than six-
teen (16) lots, which will be used solely for single-family residences without any further or later
subdivision, resubdivision or lot splits to occur.
7. Parties acknowledge this Agreement shall be deemed to be a covenant running
with title to the land; shall, upon execution, be recorded in the Johnson County Recorder's
Office; and shall, without further recitation, continue to be a covenant on each portion of the
subject property, until released of record by the City.
8. Nothing in this Agreement shall be construed to relieve the Applicant from
complying with all applicable local and state regulations, and Applicant acknowledges same.
Dated this day of a.,z f= , 1989.
DELTA CONSTRUCTION CO.
By: ..
R.D. Phipps, President and Secretary
APPLICANT
CITY OF IOWA CITTYYIOWA
By: a e
A. John McDonald, Mayor
Attest: � /J
/172t9,4 nJ 2T .1 7Cw�A—)
Marian K. Karr, City Clerk
CITY
<\_ PR•V B AS TO Fe I'M e 07 w
LEGAL DEPARTMENT
/0- 9- f9
37
STATE OF IOWA
) SS:
COUNTY OF JOHNSON )
On this day of October, 1989, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared R.D. Phipps, to me personally known, who
being by me duly sworn, did say that he is the President and Secretary of the corporation
executing the within and foregoing instrument, that no seal has been procured by the corpora-
tion; that said instrument was signed on behalf of the corporation by authority of its Board of
Directors; and that the said R.D. Phipps as President and Secretary of the corporation
acknowledged the execution of the foregoing instrument to be the voluntary act and deed of
said corporation, by it and by him voluntarily exe uted.
h
Notary Public in an for the State of Iowa
STATE OF IOWA
SS:
COUNTY OF JOHNSON )
On this )7_-/t day of October, 1989, before me, the undersigned, a Notary Public in and for
said County and State, personally appeared John McDonald and Marian K. Karr, to me per-
sonally known, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of said municipal corporation, executing the within and foregoing instrument; that
the seal the seal affixed thereto is the seal of said municipal corporation; that said instrument
was signed and sealed on behalf of said municipal corporation by authority of its City Council;
and that said A. John McDonald and Marian K. Karr acknowledged the execution of said
instrument to be the voluntary act and deed of said municipal corporation, by it and by them
voluntarily executed.
Not? Public in and for the State of Iowa
37
CITY OF IOWA CITY
CMC CENTER 410 E. WASHINGTON ST. IOWA CITY. IOWA 52240 (319) 356-5000
STATE OF IOWA
S5
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3436 which was passed by
• the City Council of Iowa City, Iowa, at a regular meeting held on the
17th day of October , 19 pq , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 25th day of October , 19 Aq
Dated at Iowa City, Iowa, this 8th day of November ,19 89
•am; a Parrott, eputy City Clerk
THIS CONDITIONAL ZONING AGREEMENT
is made this 3rd day of October, 1999, and
-__ bbettwwoeren DELTA CONSTRUCTION CO.,an Iowa
anon OFFICIAL PUBLICATION uni"l And the(hereinafterITY F IOWA CITY to
icipal
ORDNANCE NO. 89.3436 C r➢oratlpn(herElnaftarreferrfldbas"City".
RECITALS
AN ORDINANCE AMEAA,aaE THE ZONING WHEREAS.Dena described real estateCa laths owner
CHr�GENERALLY�oUSE REM/IA.10TED EAST AN of
following the CounIowa:
real located In
n✓E� fan HIGHWAY 2lef, SOUTH OF DUBUQUE
OfYinning xumSt Subdivision,
crap rtComerthe
North
TO(ISI AND NORTH BJAVW LLL LANE FROM PDH-12 of Yocum Subdly thea a part W}rye Nath
Half M the Northeast and Northwest
WHEREAS.Me fractional Quarters of the Northwest
Cav engws nuawvmuses °1v"Ow ew Cayaloes4 e Quarter of Section 3,Township79 N
aling
unit
wnpaaacre
,lin me B18B cenzaaxng the eubleael a density a 2awat.aro diian.IIn acrot danf ce wit P the Rpeal dl
Prwav oascnb.d bewvb with the Recorded
POH-ti Premed Dev berneNN MataY zone;Iva N caned 311.50 thereof; ThenceThence S03 deg. e1rw,
prime•mauy m me useed era oDe Development
elaray and Ind 337.23 feet;Thence 556Nddeeegp.�35 'W,96W,
whereawe 40i"wand na..m m,a d may be rd feet to a Pointon the Northeau arty Right-
maentkiaar awwrw'bA•B• 5}ue Street;
rot be contrary b oknot i�rnnts of underlying torten of-Way Nae of North Dubuque gf get;
O'ane, al na be Meemoeendm'^ate a thepr zaftig
Thence H31 deg. 2f36"W. along cold
Pawl and ma not be Ibnaul to as n•ahbor in each feet,earan
to a Polvnt gM° ay Line, 70.E
they am Mated wf which Is 95.88 feet norm-
Plan.
WHEREAS,as subject p,ppay b Chrtctaua ally edisof saice Northeasterlytrt; Thence of the deg.
Printer's fee e re2//z Play" wopwa neeawrl•,q, •teamN eloper woodland id�b *dine of said feet; ; S89 hg.
boom° end
E, 30.4a feet; to the Southwest
WHEREAS.aamthe Mrewr auaaaatvlmaa. Corner of said Fractional Northeast
CERTIFICATE OF PUBLICATION a� ny aale nenteeelregardoeve en environmentally len rN winallay on
of the Northwest Quarter
STATE OF IOWA, Johnson County, ss: feet
opnea"a'•aea o ieet fSeet; Thence
NO2ce de airsrw,199.23
seen*°��•da the feet; Tencee N0d2eodeer. 7'w,49 121.23
preserve and apnea the policy
sensate•rbem�wx a
feet;
the SouthThenLir�ie of Yocum*rev,
THE IOWA CITY PRESS-CITIZEN
a WHEREAS, the &Meant H applied to rezone ,he Thence SID
a""ooa«rn oro from the POKI2, Manned 4um Subdivision;
n;Thenceon the
Mooting trio-,and
to the Rsa,law Denary r,+, N90deo.
o.01 cum S2 feetsto the Poi
ddeeoo Ong.Seri 7tract feet landto Point
` . d b Ni me pubic Interest m proems of a gfnnIn,.Said tract of contains
Pittedy.a•m^anmeaaaN•enamor anima a the sat o, ease easements and
more or less and rete iJ Cf to
I. popery,b: 'Mang e' a1ibe a w e m Ills p ripe y y aasemenhand above described of read.
WHEREAS, the above
Carol Barr, being duly sworn, say that I most.wia�pnrraa residentOvers I zoned PDH-I2 Planned Deve Is
am the legal clerk of the IOWA CITY m•kemear�mmna�aaya,mdnit Ted the at this ye mAPPRcantnow desij
PRESS-CITIZEN, a newspapert e�measure.
no , ,a map RS-5, Low Density
nwrwe b a M es to N tmob ora Single-Family Residential Sin and
published in said county, and that a such.amen(11)
4ace wb01 the win ion• of A WHEREAS,Low Density Single-Family Res-
•o °"p at the timer ro aa,anaw'°er°y"o dentist use
but consistent with me City's desire to
notice, a printed copy of which is hereto no at we•ewe a which 6 ached protect the environmentally sen-
attached, was published in said paper eouNaewnE an sit atMbulesofaesoblectproperty
NOW. THEREFORE, SE R Iv lit NOW, THEREFORE,in mutual consideration
i —_ time(s), on the following COUNCIL
"� -"'_- Of�'A o�•KM'A, - promises herein, the Parties agree as
a,,nQN.a,- the :_jhri Sedan ea bans
date(s):
Seabed as Agreement,err Pao.n 1. The above described property Is currently
Sabel of POIs r w rams* non, le prawn toned PHD-12 a Planned D vel
(%�q /J>� J p
Beginning o9 r the $c.t,eaw Carer a Zone,and the Applicant as owner ooh tic tet Overlay
'�'-"V" ��' *O 9 rOp"'I Subtlewa.•can a Via Nam Hy ea np nDM'r is the City rezone the PrapertyptrooRceSr-Sh.
/ Nanrp end Nmreast Matra/ Owners of law density,single-family residential zone. -
eb 2.C and I acknowledge
etchMarc. p WWawa NW a Bpa.,TownshipMa,9r Is consistent for ow d os ty single famil iiddaen,aril las
/ h haafor withhthe surrounding area,and{c
wcortbnce W Ille cit Reeadep PIM eaxen & is
_ /J //�7��j�t , bat Thence Nee•sa1rw,3421$ aPProprties agree the soled
.�l�l etro Y /(fir /f J teal Theta Sansone,81.72 belle•Pant m the
J Parties agree the sdbIact '
( Ne. N B'2o•ar-Ww w a Nom O ai e,. sloped woodland and flat wetland,naannd is hoop
Thence N34•2b'p5W berg res
roweled as an environmental)
Legal Clerk RI(rnotwey Lona 6705 Ne,to a Pointtechy de*fined in the City's Comprehensiveplleln area a
even
la te0
It
rd Baur.aro:Sia ;soal y C•rnwr•a A Parties acknowledge the City's policy Is to
Subscribed and sworn to before me sora wee
mea
tg. - had m ea preserve and protect environmentally sensitive
ol tie Nramr Owner el Nm a: thhrbr
areas; ose ylipr tact agnletmry-
/1 No2vrsow,Mgt)bey Therm ,t21.23Therm City mayhi properly protect againstmmay adverseIon
this do GJC/
fast
or Naloao-w caro N.n er swoon toasts which residentialdevelopment may have on
day of sabdh ton Thence Sarco eseareas.
A.D. T Poet sow,li a a cion eras,_% S Parties agree If Is in the public Interest to
19bergiBa9-e NIEN0l1)0T,-Said ma a randcontainsN. to Be yea protect the public needs and to preserve and
78r aver
environmentally property
sIs an iveap athiateea of
,..9
•wwba at arca a TM Baring Iapgp,b hereby MIL property;and that limiting
�� /,�� a wwa City,mm to wrwrmm to arms Me a ronbMeg
nn a ab Iola rt onots bl n onparty Is on ad by law,andN
A Q/'-�W peerage, minor rn patriot a p„s cawIbam rea5,Iowa con ltd ion, as Provided by WAN, No.
Gama Mw. wn.0 r 41/.S,Iowa Code(19893.
6.Applicant acknowledges and agrees
Notary Public Deck to m tab/�^d^+•a and or.ra m sigh arta ow TM the event the subject property Is divided, that In
_ � alma/ash lzad a Zoning Awn.i t t �' subdivided, that the number of lots on Iltry s
e' - SHARON--�>--�_- -'2
° Y1�apa,.e,a ora or Al eminences res pate el pprraocpeerty shall be no more than sixteen(161
�{f. ' ., STL:ES tram rpeabd Matt err•Ordrbrun wtdch will be used solely for single-family rn�i
.%c;,:'_ V r a thtran2te anrio. rw "e"r erica wawa aper reunhdldences Nsionntor lanfspllh to ocher acor.(ter subdivision,
�� ummnrnbMxwi aura akrderare NWneer•Irabt eel a 7.Parties acknowledge this Agreement shall be
��ei Me Ortlelwxa r a v any s pavan avaepa,l land; shdeemed all,o uapon execution,runningrecorded to the
in
lama n W-- Ts autos a r,.t be w Johnson County Recorder's Office; and shall,
clop aftbyer a Mont mama aeras at without further recitation,continue to be a cov-
Ipwa er ser, patio,r enant on each portion of the subject property,
1
P6°°'d end approved this 17th day o9 October, until released of record by the City,
8.Nothing In this Agreement shall be construed
to relieve the Applicant from complying with all
applicable local and state regulations,and Appli-
cant acknowleeddgdeesssame.
Dated this ard-day of October,1989.
DELTA CONSTRUCTION CO.
ATrBrz ,�/ 1 By:R.D.Phipps,
President and Secretary
APPLICANT
CITY By:A.John McDonald,F IOWA CITY, Maya
Attest
Marfan K.Karr,Qty Clerk
32699 Ot horn um
C U r_-c, L_
ORDINANCE NO. 89-343 7
AN ORDINANCE TO VACATE THE EASTERLY TEN FEET OF
LINN STREET BETWEEN HARRISON STREET AND RALSTON
CREEK AND THE SOUTHERLY TEN FEET OF HARRISON
STREET BETWEEN MAIDEN LANE AND LINN STREET.
WHEREAS, the City wishes to enhance the development
potential of a City-owned parcel of land at the southeast corner
of the Intersection of Harrison and Unn Streets; and
WHEREAS, Harrison and Unn Streets are 80-foot rights-of-
way; and
WHEREAS, there are no utilities in the easterly ten feet of
the Linn Street right-of-way or the southerly ten feet of the
Harrison Street right-of-way; and
WHEREAS,the City does not anticipate widening the paving
of either street and therefore has no need for the ten feet of
right-of-way in question.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. VACATION. That the following-described right-
of-way Is hereby vacated:
The east ten feet of the Linn Street right-of-way between
Harrison Street and Ralston Creek and the south ten feet
of the Harrison Street right-of-way between Linn Street and
Maiden Lane.
SECTION II. RECORDATION. The City Clerk is hereby
authorized and directed to certify and record this ordinance
at the Office of the Johnson County Recorder.
SECTION III. REPEALER. All ordinances and parts of
ordinances in conflict with the provisions 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
required by law.
Passed and approved this 14th day of Nov-
e/.er, 1989 .
AYOR
ATTEST: /2tpann4> 7 7\ev+J
CITY CLERK
A roved as t` Form •
Legal Department
�0�t
3S
It was moved by Balmer and seconded by Ambrisco that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
Larson
X McDonald
First Consideration 10/24/89
Vote for passage: Ayes: Larson, McDonald, Ambrisco,
Balmer, Courtney, Horowitz, Kubby. Nays: None. Absent:
None.
Second Consideration
Vote for passage:
Date published 11/23/89
Moved by Balmer, seconded by Courtney, 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 passage at this time. Ayes : Horowitz, Kubby,
Larson, McDonald, Ambrisco , Balmer, Courtney.
Nays : None . Absent : None.
38
CITY OF IOWA CITY
CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
STATE OF IOWA
) SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3437 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
14th day of November , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 22nd day of November , 19 89
Dated at Iowa City, Iowa, this 7thday of December ,19 89 .
Rilnicrna Parrott, Deputy City Clerk
Printer's fee/ Q • OFFICIAL PUBLICATION
- CERTIFICATE OF PUBLICATION oRD.NnncEpo. sem I-
STATE OF IOWA, Johnson County, ss: AN oRDWANCETo VACATE THE
LINNSTRE[TBt[WEEHHARRISONSTF NN+��"1p.STON
THE IOWA CITY PRESS-CITIZEN CREEK Tiic SOUTHERLY TEN.FEET 11/)WxbSON
STREETBETWEEN MAIDEN LANE AND UNN!Mgr •
•
WHEREAS the Crty wslae to enhance I cklanlament
potential Of s Cayawneo parcel Cl land al the comer
of the inetsectice of Henson and Linn Streak,
WHEREAS.Harrison and Lam Streets are sal-
I, web;and s. •
•WHEREAS,there are no utilities In the easieffian feet of
Carol Barr, being duly sworn, say that I the LAntShbet right-of-way or the southerly ten ISM of the
Henan Sneer tghtQray and
am the legal clerk of the IOWA CITY WHEREAS Me ON does not mmntpatewuramepaying
PRESS-CITIZEN, a newspaper «c"ter sheet and therefore 1169 no nedela!Re nfeet of
right-of-Nay m weapon.
published in said county, and that a NOW. THEREFORE. m ORDAINED ar THE an
COUNCIL.of THE CITY OF IOWA CITY,IOWA^'';•
notice, a printed copy of which is hereto SECTION I. VACATION awthat,he, ina:e ed right.
away K hereby Vacated:
attached, was published in said paper Han eau ntenfeelafheum,sreetndmea. between
time(s), on the followingHanson Street 0n0 Ramon Ocoee(and IM' len tee,
a the Napison strafe nigmc/.way between Llnristreel and
date(s):
Maiden Lane ,�� ,""
SECTION R. REected to N The ��efAn,r�a�y,•�+O hsTabY
// Q euncreed and erected to bendy and reYf Afit'ord
2? /cF/ a the Office a the Johnson Cell o Recce' ,.
pf`�Y/ oECHON hl REPEALER m All iid'ne a and pans re
ordinances n conflict watt the p�ovsWs eftlEf Ordnance are
SECT Ir .E VES n .( Yaot
-. _-- rt
ci the Ordrwca WWI be ed dged o tB ivaldbeor
717
m h whoa aan Nell not.Mtn We validity
section.ion,pwivhfn a part
thereof nal eapooact Invalid or unconsiltinicna
SEcnor}V-EFFECTIVE 0 DATE. This OranaMa flu In
Legal Clerk 'aunt Sir MS Passage. eppdval and PubSoaty, as
rewI=dwid.
Passed and approved this 14th slay of Noy-
Subscribed and sworn to before me a boy, 1989.
this ay of A A.D: •
,1
I9 ATTESCT C ERKI ) l 7 n. )
33145 November 7Y,1989
•
Notary Public
r �•
SHARON STUBBS
CC rl k
ORDINANCE NO. 89- 3438
AN ORDINANCE AMENDING THE CONDITIONAL ZONING
AGREEMENT BETWEEN PLUM GROVE ACRES, INC. AND
THE CITY OF IOWA CITY FOR THE SUBDIVISION KNOWN AS
FIRST AND ROCHESTER, PART THREE.
WHEREAS, by Ordinance No. 88-3372, the City of Iowa City
rezoned property owned by Plum Grove Acres, Inc. on the
condition that the issuance of building permits be limited to 27
residences until secondary access was provided; and
WHEREAS, First and Rochester, Part Three, a subdivision
in Iowa City of the said property owned by Plum Grove Acres,
Inc. was approved May 17, 1988, for 27 lots, consistent with
the agreement; and
WHEREAS, two of those lots were subsequently legally split
and developed, contrary to the Intent of the agreement, but in
compliance with the language of the agreement; and
WHEREAS, two of the originally subdivided lots remain
undeveloped and the owners of these lots will be denied
building permits in accordance with the aforementioned
agreement; and
WHEREAS, the City Council has determined, based on the
recommendation of the Planning and Zoning Commission,that
the two remaining lots may be developed without jeopardizing
the public safety or welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. That the Mayor is authorized to
sign and the City Clerk to attest the attached agreement
marked Exhibit A, which will amend the Conditional Zoning
Agreement dated April 19, 1988.
SECTION II. RECORDATION. The City Clerk is hereby
directed to record this ordinance and the attached agreement
at the Office of the Johnson County Recorder.
SECTION III. REPEALER. All ordinances and parts of
ordinances In conflict with the provisions 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
required by law.
Passed and approved this 14th day of Nov-
e ber, 1989.
eles
YOR
ATTEST: p ,,� A142.4.4..)CITY CI EERK
Approved as to to Fo� /
Legal Department
tJ
24
It was moved by Balmer and seconded by Horowitz that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X _ Kubby
X Larson
X McDonald
First Consideration
Vote for passage:
Second Consideration 10/24/89
Vote for passage: Ayes: Horowitz, Larson, McDonald,
Ambrisco, Balmer. Nays: Courtney, Kubby. Absent:
None.
Date published 11/22/89
Moved by Balmer, seconded by Ambrisco, that the rule
requiring ordinances to be considered and voted on
for passage at two council meetings prior to the
meeting at which it is to be finally passed be suspended,
the first consideration and vote be waived and the ordinance
be given second consideration at this time. Ayes: Balmer,
Courtney, Horowitz, Kubby, Larson, McDonald, Ambrisco.
Nays: None. Absent: None.
•
EXHIBIT A
AMENDED CONDITIONAL ZONING AGREEMENT
This Agreement is made between the City of Iowa City, Iowa ("City"); Plum Grove Acres,
Inc., an Iowa corporation ("Developer"); and the Developer's successors and assigns in interest
("Successors").
WHEREAS, Developer originally owned a tract of land located in the northeast part of
Iowa City, Iowa, and containing 18.43 acres more or less, legally described as follows:
Commencing at the Southwest Corner of the Southwest Quarter of Section 1,
Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence
N00°01'00"W, 660.00 feet; Thence N89°35'03"E, 1,297.55 feet; Thence
N00°43'22"W, 263.95 feet; Thence 589°43'16"E, 302.29 feet to the Northeast
Corner of Lot 73 of First and Rochester, Part Two and the Point of Beginning;
Thence N00°25'11"E, 287.94 feet; Thence N88°05'46"E, 187.87 feet; Thence
N01°22'58"E, 112.41 feet; Thence N88°26'44"E, 175.00 feet; Thence
S00°00'00"E, 399.07 feet; Thence S08°00'00"E, 315.29 feet; Thence
311.39'36"W, 251.82 feet; Thence S05°00'00"E, 254.63 feet; Thence
S11°30'00"W, 162.53 feet; Thence Southeasterly 35.25 feet, along a 385.53 foot
radius curve, concave Northeasterly, whose 35.23 foot chord bears 881.07'09"E;
Thence S06°15'43"W, 277.70 feet; Thence S89°04'1TW, 170.00 feet; Thence
N04°55'26"W, 12.25 feet; Thence S88°54'34"W, 474.00 feet; Thence
N00°05'481W, 83.75 feet to the Southeast Corner of Lot 53 of said Part Two;
Thence N09°22'53"E, 242.84 feet along the Easterly Line of said Part Two;
Thence N18°35'00"E, 356.00 feet along the Easterly Line of said Part Two;
Thence N04°15'00"E, 321.25 feet along the Easterly Line of said Part Two;
Thence N25°38'14"E, 261.75 feet along the Easterly Line of said Part Two;
Thence N00°25'11"E, 23.47 feet along the Easterly Line of said Part Two to the
Point of Beginning.
WHEREAS, Developer and City agreed in the Conditional Zoning Agreement, dated April
19, 1988, to limit the number of residences in this 18.43 acre tract, due to lack of available
secondary access and the commensurate safety concerns flowing therefrom.
.R9
2
WHEREAS, the subsequent Subdivision of the above property, known as First and
Rochester, Part Three, originally contained twenty-seven (27) lots, which have since been split;
and
WHEREAS, at least two (2) lots now remain which are not buildable by reason of the
prior Conditional Zoning Agreement; and
WHEREAS, it is the intent of the parties hereto, to permit construction of the remaining
two lots for single-family residences, and to limit the number of building permits and lots to no
more than 29, in order to avoid any further confusion with respect to the original Conditional
Zoning Agreement and the subsequent subdivision.
IT IS THEREFORE agreed as follows:
1. Developer and City acknowledge the original Conditional Zoning Agreement
discussed "27 residences" instead of "27 lots," and this Amended Conditional Zoning
Agreement is intended to clarify any confusion resulting therefrom.
2. The original Conditional Zoning Agreement dated April 19, 1988, and recorded
in the Johnson County Recorder's Office, Book 1053, Page 213, shall be and hereby is
amended upon authorization by the City and execution by City, Developer and Successors.
-1
3
3. Developer acknowledges that secondary access cannot now be provided to the
subject property; and acknowledges the number of families living in the area should be limited;
and that such limitation is for reasonable and legitimate safety concerns.
4. Developer and Successors acknowledge that a limitation on both the number of
buildable lots and the number of residences in the above-described property, now known as
First and Rochester, Part Three, is a reasonable condition to impose on the land, as provided
by Section 414.5, Iowa Code, and is an appropriate condition required to protect the public
safety of both the residents in the area, and the community at-large.
5. City acknowledges that although 27 building permits have now been issued, that
two more lots remain which are, but for the original Conditional Zoning Agreement, otherwise
lawfully buildable.
6. Developer and its Successors agree and acknowledge that in no event shall the
total number of lots in the above property exceed twenty-nine (29) in total; and that in the
event the number of lots should exceed 29, the City shall lawfully and for good safety reasons
refuse to issue any further building permits as herein specifically agreed, and as required by
public safety.
7. Parties agree that upon authorization and execution of this Amended Agreement,
that the City shall record it in the Johnson County's Office, which shall constitute notice to the
public of these restrictions.
A9
4
8. Parties agree that this Amended Conditional Zoning Agreement shall be deemed
to be a covenant running with the title to the land; shall bind the successors and assigns in
interest of the parties herein; that this Amended Agreement shall supersede any private
restrictions or covenants on the land; and that without further recitation, this Amended
Agreement shall remain in force and effect as a covenant running with the title to the land, until
released in writing and of record by the parties.
9. Developer agrees that in the event title has already passed from Developer to
any subsequent purchasers, that these subsequent purchasers shall be deemed the
Developer's successors and interests. Developer further agrees to obtain or assist in obtaining
the signature of any existing subsequent purchasers which are now precluded, prior to this
Amendment, from obtaining building permits.
10. Parties agree that any purchasers who acquired property in the above subject
property subsequent to the original Conditional Zoning Agreement are deemed, in any event,
to be the Developer's successors and assigns in interest, and shall continue to be successors
to the original Conditional Zoning Agreement filed of record in Book 1053, Page 213 of the
Johnson County Recorder's Office, which shall be cumulative with this Amended Agreement.
39
5
11. Nothing herein shall be construed to relieve the Developer or his successors in
interest from complying with all applicable State and local regulations by reason of this
Amended Agreement.
November
Dated this 14th day of CradXdt, 1989.
CITY OF IOWA CITY
By: 21-4Dab```e—j2
/John McDonald, Mayor
By: wAza i'i ?a m>
Maria K. Karr, City Clerk
DEVELOPER/PLUM GROVE ACRES, INC.
By:
i ldlJ
Bruce R. Glasgow, Pres'3.nt
6
STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this 14th day of November , 19 89 , before me, Gina _
Heick , a Notary Public in and for the State of Iowa, personally appeared John
McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn,
did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that
the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that
the instrument was signed and sealed on behalf of the corporation, by authority of its City
Council, as contained in (Ordinance) (FtligMtYdh`j No. 89-3438 passed (040PireabliEiiii
adf601619 by the City Council, under Roll Call No. - -- of the City Council on the
14th day of November , 19 89 , and that John McDonald and Marian K.
Karr acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
il
STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this 10th day of October , A.D. 19 89 , before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared Bruce R. -
GlasQow and , to me personally known, who, being by me duly sworn,
did say that3&Ct the President and , respectively,
of said corporation executing the within and foregoing instrument to which this is attached,
that (no seal has been procured by the said) corporation; that said instrument was signed
iatdxagalat#j on behalf of (if3enaeekaffixedx hereta is cseak#eaki) said corporation by
authority of its Board of Directors; and that the said Bruce R. Glasgow Bad
as such officers acknowledged the execution of said instrument
to be the voluntary act and deed of said corporation, by it and byemcvoluntarily executed.
him
/— CL i
Notary Publi n and for said County and State
7
SUCCESSORS IN INTERESTBy: Dr. Edward G. Law
Subscribed and sworn before me this /o2- day of / , 1989.
A i
1an* EOM GENTRY No :ry Public in and for the Countyas of
Johnson, State of Iowa
Approved as to Form
77i-ofi-7-vv‘A.°</
Leval Department
/s-6-17
?A
CITY OF IOWA CITY
CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
STATE OF IOWA
) SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3438 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
14th day of November , 1989 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 22ndday of November , 1989
Dated at Iowa City, Iowa, this 7th day of December ,19 89 .
. Lida:
'a ona Parrott, Deputy City Clerk
/ '7 OFFICIAL PUBLICATION OFFICIAL PUBLICATION
ORDINANCE NO. 59-34 3 @ SECTION I. AME oMENT..Thai SIR Ms r r ulbmed
mon and de City Ass 1e mote the aatNad agnomens I
AN ORDINANCE AMENDING THE CONDEONAL ZONING modlad Edtite A.leech we amend the Condemn Zoning
AGREEMENT BETWEEN PWM GROVE ACRES. INC.AND APaempa doled Ade 19.lace.
THE are OF IOWA CITY FOR THE SUBDIVISION KNOWN AS SWOON II. RECORDAT/ON. The City Cies a hereby
FIRST AND ROCHESTER.PART THREE. deeded to record ea variance and the attached agreement
S the Office of the Johnson County Rewdp
WHEREAS.by Ordnance No BS-317Z the City of Iowa City SECTION III. REPEALER NI ordinances and pans of
_ _ . rezoned pzopeny owned by Mum Grove Acres.Inc on the ordinances hi conflict wan Me monsicvla d the Ordinance an
condom,mat the issuance at butd,ag permta be limey to 27 hanky repealed
residences until secondary miss as was provided.and CRON N. SEVERABILITY If any section.worsen or Pan
WHEREAS,Fat and Rocnmer,Pad Thea a aubdlvaron of Ire Ordnance Val be sdludged to he ,male IX
In Iowa Cay d the end proper owned by Plum Grove Acrm. urldRreulenal earn aqudceaw SMO not Sher Me validity
Inc.was approved May 17,1998,for 27 the.consent"wilt of ore Ordnance as e whole or any Smbrl,opinion or peel
the agreement,and thence b e4ldged Male d el OevSwoM
WHEREAS.two of those lots were subsequently Mgaly aplc SECnON V. EFFECTIVE DAT. The Ordnance Nall be
and developed,contrary to the intent of the agreemwa,bat in effea leder le fes paslge, approval and publication as
compliance wait the language of the agreement;and ,.loan by Inv
WHEREAS,Iwo of to dgnalry subdivided lots remain Paved and rod as 14th day of Noy-
undeveloped and the ownem of themve wi
Iota be denied e•bor, 1989.
beding permaa In accordance ash the sorerrentmedere /,\
agreement,
WHEREAS.the Cahas y Council hdetermined,based on the L��J_ //
Printer's fee � recommendaon d the Plannng and Zonal;Co.mnaagn,Mai !'TOR
rile Iwo waning lots may be oeve4oped without le eerdaung
me punkt army OT welfare.
NOW THEREFORE BE IT ORDAINED BY THE CITY y
CERTIFICATE OF PUBLICATION COUNCIL OF THE CITY OF IOWA CITY,IOWA. ATTEST21CRYkATTEA •te) TV .,r,J
STATE OF IOWA, Johnson County, ss: AMENDED CONDITIONAL ZONING AGREEMENT
THE IOWA CITY PRESS-CITIZEN
This Agreement Is made between the City of Iowa City,Iowa CCM;Plum Grove Acre*,
Inc.,an Iowa corporation(Developer);and the Developer's successors and assigns In interest
I,
Carol Barr, being duly sworn, say that I (successors.).
•
am the legal clerk of the IOWA CITY
PRESS-CITIZEN, a newspaper
published in said county. and that a WHEREAS, Developer originally owned a tract of land located in the northeast part of
notice, a printed copy of which is hereto Iowa City, Iowa, and containing 18.43 acres more or less,legally described as follows:
attached, was published in said paper
_r time(s), on the following Commencing at the Southwest Corner of the Southwest Quarter of Section 1,
date(s): Township 79 North, Range 6 West of the F$h Principal Meridian; Thence
N00°01'00°W, 660.00 feet; Thence N89.35'03-E, 1,297.55 feet; Thence
' _/J ����� *(PP Co eoLot 263.95 feet,t Thence S13ste, and feel in thefNortheast
/%'(/ Corner of Lot 73 of First and Rochester, Part Two and the Point of Beginning:
Thence NO0-25'l1•E, 287.94 feet; Thence N88-05'46°E, 187.87 feet; Thence
N01.22'58°E, 112.41 feet; Thence N88.26'44•E, 175.00 feet; Thence
% 611.39'36`W 251.6 feet; Thence S00°0000"E, 315.29 feet; Thence
S71°39'36W, 251.82 feet; Thence SOS°00'00"E, 254.63 feet; Thence
®ti SI1.30'00°W, 162.53 feet;Thence Southeasterly 35.25 feet,along a 385.53 foot
Legal Clerk radius curve,concave Northeasterly,whose 35.23 foot chord bears S81.07'O9'E;
g Thence 506.15'431W, 277.70 feet; Thence S89-04'17W, 170.00 feet; Thence
N04.55'26W, 1225 feet; Thence S88.54'34W, 474.00 feet; Thence
NOD-05'48W, 83.75 feet to the Southeast Corner of Lot 53 of said Part Two;
Subscribed and sworn to before me
Thence N09-22'53t, 242.84 feet along the Easterly Line of said Pert Two;
Thence N16.35'00°E, 356.00 feet along the Easterly Line of said Part Two;
this ay of 'D9--t---C A.D. Thence N04.15'OO'E, 321.25 feet along the Easterly Line of said Part Two;
Thence N25.38'14°E, 261.75 feet along the Easterly Line of said Part Two;
Thence N0025'11°E,23.47 feet along the Easterly Line of said Part Two to the
Point of Beginning.
taa_v_t_
Notary Public WHEREAS,Developer and City agreed in the Conditional Zoning Agreement,dated April
P. J
•lieT. SHARON STUBBS 19, 1988,to limit the number of residences in this 18.43 acre tract, due to lack of available
secondary access and the commensurate safety concerns flowing therefrom.
WHEREAS, the subsequent Subdivision of the above property, known as First and
Rochester,Part Three,originally contained twenty-seven(27)lots,which have since been split; I
and
WHEREAS, at least two (2)lots now remain which are not buildable by reason of the i
prior Conditional Zoning Agreement;and
WHEREAS,it is the Intent of the partIeb hereto,to permit construction of the remaining
• two lots for single-family residences,and to limit the number of budding permits and lots to no
more than 29,in order to avoid any further confusion with respect to the original Conditional
Zoning Agreement and the subsequent subdivision.
„ .., ,,.,,.,,..,.._uy,00v w rv,rvna.
64--1----C(. O/ - ✓ /d.''+
a i oZ
1. Developer and City acknowledge the original Conditional Zoning Agreement
discussed '27 residences” Instead of "27 lots; and this Amended Conditional Zoning
Agreement is Intended to clarify any confusion resulting therefrom.
a The original Conditional Zoning Agreement dated April 19,1988,and recorded
In the Johnson County Recorder's Office, Book 1053, Page 213, shall be and hereby Is 1:34.
1 0 5 C .& 5
o R `o i 2
amended upon authorization by the City and execution by City, Developer and Successors. " n " e
E. 00 114A;IA g
3. Developer acknowledges that secondary access cannot now be provided to the a .S 0 a o
'a a cr c m w o
sublets property;and acknowledges the number of families living in the area should be limited; £ II c a a, :g0
and that such limitation is for reasonable and legitimate safety concerns. m - n o
a i _w
1 1
4. Developer and SW:COMM acknowledge that a limitation on both the number cifg w c a e
buildable lots and the number of residences M the above-described property,now known as 'y?� En v .� g 1
b < 8.e - �E
Frst and Rochester,Part Three,is a reasonable condition to impose on the land,as provided .o 0 7i a m
W 'S 3 E O 0
by Section 414.5,Iowa Code,and is an appropriate condition required to protect the public q 'c m
S R ' '� N = e1 L—
safety of both the residents in the Brea,and the community at-large. I g `rn E ,�=, m E
8 i Q € s i$
5. City acknowledges that although 27 building permits have now bean issued,that ,' 8 W -
f. a
two more lots remain which are,but for the original Conditional Zoning Agreement,otherwisee $ N H m t
I'
lawfully buildable. a m o X c 0' Tt
m s 3 x, m E 0
I 82
6. Developer and is Successors agree and acknowledge that in no event shad the o w u E < u
N
total number of lots in the above property exceed twenty-nine (29) in total; and that fn the o E £ 2 ^ ffi 0 o
trent the number of lots should exceed 29,the City shall lawfully and for good safety reasons R. 2 S 1 dP
refuse to issue any further building permits as herein specifically agreed,and as required by
public safety. ,
CITY OF IOWA CITY
7. Parties agree that upon authorization and execution of this Amended Agreement, I /
By: f
that the City shall record ItJohnson in the County's Office,which shall constitute notice to the McDonald, Mayor
public of these restrictions. /4
B. Parties agree that this Amended Conditional Zoning Agreement shall be deemed /
to be a covenant running with the title to the land;shall bind the successors and assigns in By: D ,71/L✓
Marian K. Karr,City Clerk
interest of the parties herein; that this Amended Agreement shat supersede any private.
rsw rlctons or covenants on the land; and that without further recitation, this Amended
DEVELOPER/PLUM GROVE ACRES, INC.
Agreement shat remain in force and effect as a covenant running with the title to the land,until
released In writing end of record by the parties. .4 �.l„,
By:
Bruce A. Glasgow, Pres rine
9. Developer agrees that In the event title has akeady passed from Developer to
33144 Novereber22,1989
any subsequent purchasers, that these subsequent purchasers shall be deemed the
Developer's successors and interests. Developer further agrees to obtain or assist in obtaining
the signature of any existing subsequent purchasers which are now precluded,prior to This
Amendment,horn obtaining building permits.
1 0oc& Cit_ .
ORDINANCE NO. 89- 3439
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY IN NORTHWEST IOWA CITY GENERALLY
LOCATED NORTHEAST OF U.S. HIGHWAY 218 AND WEST
OF CAMP CARDINAL ROAD FROM ID-ORP TO ID-RS.
WHEREAS, portions of the area described below are
presently zoned ID-ORP, Interim Development - Office and
Research Park; and
WHEREAS, topographical characteristics distinguish the
area described below from properties also zoned ID-ORP and
located immediately south of the subject area; and
WHEREAS, these topographic distinctions are important in
terms of the ability to provide municipal sewer service to the
disparate parts, and also In their ability to buffer Office and
Research Park uses from Single-family Residential uses; and
WHEREAS, the subject area Is more appropriate for
residential uses,ratherthan office and research park uses; and
WHEREAS, the ID-RS, Interim Development -Single-family
Residential zoning designation Is appropriate for the subject
area, and Is consistent with the land use policies for the total
area described below, as set forth in the 1989 Update of the
Iowa City Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. ZONING AMENDMENT. That based on these
considerations, the entire area described below, portions of
which are presently zoned ID-ORP, are classified ID-RS:
That part of Section 1,Township 79 North, Range 7
West; and that part of Section 36, Township 80 North,
Range 7 West lying within the existing Iowa City City
limits.
SECTION II. ZONING MAP. The Building Inspector is hereby
authorized and directed to change the zoning map of the City
of Iowa City, Iowa, to conform to this amendment upon final
passage, approval and publication of this ordinance as
provided by law.
SECTION III. CERTIFICATION AND RECORDING. The City
Clerk is hereby authorized and directed to certify a copy of
this ordinance which shall be recorded at the Office of the
County Recorder of Johnson County, Iowa.
SECTION IV. REPEALER: All ordinances and parts of
ordinances in conflict with the provisions of this Ordinance are
hereby repealed.
SECTION V. SEVERABILITY: If any section, provision or part
of the Ordinance shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity
of the Ordinance as a whole or any section, provision or part
thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE: This Ordinance shall be in
effect after its finar passage, approval and publication as
required by law.
P-r ed and approved this 14th day of Nov-
em,er 1989.
,IVAYOR
ATTEST: cQ-s� 9S'. Senn)
CITY CLERK
Applaud as b Fain
•
Legal Department
71 -2 7- y 40
It was moved by Ambrisco and seconded by Horowitz that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
Kubby
X Larson
X _ McDonald
First Consideration 10/17/89
Vote for passage: Ayes: McDonald, Ambrisco, Balmer,
Courtney, Horowitz, Kubby, Larson. Nays: None.
Absent: None.
Second Consideration 10/24/89
Vote for passage: Ayes: Balmer, Courtney, Horowitz,
Kubby, Larson, McDonald, Ambrisco. Nays: None. Absent:
None.
Date published 11/22/89
40
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CI1Y, IOWA 52240 (319) 356-5C00
STATE OF IOWA
) SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3439 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
14th day of November , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 22nd day of November , 19 89
Dated at Iowa City, Iowa, this 7th day of December ,19 89
R ona Parrott, Deputy City Clerk
•
•
•
•
Printer's fee E/✓ go
• OFFICIAL PUBLICATION
CERTIFICATE OF PUBLICATION ORDINANCE Na 89-1.1.39
STATE OF IOWA. Johnson County, sol: AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
THE IOWA CITY PRESS•CITIZEN CHANGING THE' USE REGULATIONS Of CERTAIN
PROPERTY IN NORTHWEST IOWA CITY GENERALLY
LOCATED NORTHEAST OF U.S.HIGHWAY 218 AND WEST
OF CAMP CARDINAL ROAD FROM I -ORP TO,ID'RS.
WHEREAS, portions of the area described below ale
presently zoned IDORP, !Mem Development Office and
I Research Par.,end
WHEREAS, topographical chereoermxa distinguish the
Carol Barr, being duly sworn, say that I area described baldw hem properties alsa'ened lD'0RP and
located ImmodalaN south.*019 subject area:and
am the legal clerk of the IOWA CITY WHEREAS.these topographic as'nuions Are importantin
terms of the ability to provide municipal sewer service to the
PRESS-CITIZEN, a newspaper disparate pans)and also In rhea*Any to•buffer Office and
published in said county, and that a Research Pars uses from single° "am' Resbemrel uses,and
WHEREAS be subject,areas mere appoPeale for
notice, a printed copy of which is hereto resdentalusaarather than once and research pan.uses;and
WHEREAS,the ID-RS,Interim Oev¢bpmem.single.latr y
attached, was published in said paper Residential coning les,gnrrn'aaporowtafor lneaw;ecr
• aiea,end is Consistent with the land use polices for the local
!
time(s), on the following area descrNeq below,as set forth ln:lhel969 Update of the.le
Iowa Cry Complehenswe Plan
•
date(ai. ETOWACOry O .NEDWAHY E CITY
COUNCIL OFHECRYOFIIOWA.
/ cr�/7 29 SECTION I. ZONING AMENDMENT. That based on these
7/ //��/�/'GSL/ consderaldrs,Ne Were mea tainted below,eoliths a
��T//� / W nkn ere piantry zoned IPORP,are North.
ID-RS:
Thal pann ed Section I,Township.T9 R Range T
West,.are that pal of Seaton 36,Tarnship 80 North,
Range 7 West lying wihin,Me existing Iowa City City
ma:
D SECTION II,ZONING MAP. The the
Inspector s hereby
of Iowaoanddirectedtocharge the abeindmetofthe CRY
of Iowa Cay,boa.to®.loml to this cd this or upon final
Legal Clerk passage, appf rovieed by law. and pis a o o ms ordnance as
SE ION III. CERTIFICATION AND RECORDING The CIO
Clerk.is Misty°Plaited and exacted to Comfy a copy Cl
Subscribed and sworn to before me • this PGinanCe wrath Mall be recorded at be elide oil the i
County Recorder of Johnson Courtly,leas_
SECTION IV REPEALER All ordinances and pals of
ordinances in watt wetl a Po+6YM15 d Ma Ordinance aro i
• e
this ay of Tn A.D. hereby
SECTION V.repealed
SEVERABILITY.If any section,proniiion ur pat
of the Orman" thea-be &Rdged to be invalid a I
rwmeleuripna..each adjudication Shall not*lett the rade,/
I9 of be.Ordnarre as a whole or any section,provision or part
thereof not adyadged NNNid of uKMatlUlwrat.
SECTION V. EFFECTIVE DATE This demarloe mail be in
elocl eel Its Mat passage, approval and publication'as
required by law.
Notary Publics ° oaemm 14th day of Nov
nate t°9�g �� .
`SHARON STUBBS AYOR
• 2�^^ 1/ I
--.. ... ATTEST CRY
�7f� 7fws✓
- CITY Cl�r
33143 Nb.ember22,1989
� t
[ co L
ORDINANCE NO. 89-3440
AN ORDINANCE TO AMEND CHAPTER 36-18, THE ZONING
ORDINANCE REGULATIONS FOR THE NEIGHBORHOOD
COMMERCIAL, CN-1 ZONE,TO PERMIT OFFICE AND OTHER
USES IN THE ZONE.
WHEREAS, the Neighborhood Commercial zone does not
permit office uses, retail bakeries, U.S. postal stations, or
videotape rental stores; and
WHEREAS,the City Council has determined that these uses
are appropriate In the Neighborhood Commerical zone to meet
the day-to-day needs of a fully developed residential
neighborhood; and
WHEREAS, In the case of office uses, It Is deemed
appropriate to limit the size and location of office uses to
ensure their compatibility with the concept of a Neigborhood
Commercial zone as expressed in the intent section of the
zone.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. That Chapter 36, 'The Zoning
Ordinance', of the Code of Ordinances of the City of Iowa City
is hereby amended by repealing Section 36-18 and inserting
the following in lieu thereof:
Sec. 36-18. Neighborhood Commercial Zone (CN-1).
(a) Intent. The Neighborhood Commercial Zone (CN-1) is
intended to permit the development of retail sales and
personal services required to meet the day-to-day
needs of a fully developed residential neighborhood.
Stores, businesses and offices in this zone should be
useful to the majority of the neighborhood residents,
should be economically supportable by nearby
population, and should not draw community-wide
patronage. A grocery store or grocery store/drugstore
combination is favored as the principal tenant In a
neighborhood commercial zone. In general, the CN-1
Zone is Intended for the grouping of a grocery store
and small retail businesses and office uses which are
relatively nuisance-free to surrounding residences and
which do not detract from the residential purpose and
character of the surrounding neighborhood. The
location and development of neighborhood commercial
sites should follow the criteria set forth for such sites In
the Comprehensive Plan.
(b) Permitted uses.
(1) Barber shops and beauty parlors,laundromats, and
laundry and dry cleaning pick-up and delivery
services.
(2) Drugstores, florist shops and variety stores.
(3) Financial institutions, branch offices.
(4) Retail bakery.
(5) U.S. postal station.
(6) Videotape rental store.
(c) Provisional uses.
(1) Grocery stores, Including specialty food such as
bakery and delicatessen goods, provided that the
floor area of a grocery store shall not exceed ten
(10) percent of the land area of the CN-1 zone in
which the grocery store is located.
(d)Special exceptions.
(1) Child care facilities subject to the requirements of
Sec. 36-55.
(2) Drive-in facilities for financial institutions.
xl
Ordinance No. 89-3440
Page 2
(3) Filling stations provided that no part of the filling
station site shall be located within 100 feet of an R
zone boundary.
(4) Offices in which no activity is carried on catering to
retail trade with the general public and no stock of
goods Is maintained for sale to customers except
for those retail establishments specifically allowed
in this zone, provided that:
a No office establishment shall occupy more than
1800 square feet of floor area;
b. The total floor area of all office uses within an
area zoned CN-1 shall not exceed fifteen (15)
percent of the total floor area, either existing or
proposed, in the zone (to determine the area
zoned CN-1, any streets contained within the
zone shall be disregarded);
c. The location of the building in which the office
Is located does not diminish convenient access
to retail sales and personal service businesses.
(5) Public utilities.
(6) Religious Institutions.
(7) Restaurants.
(8) School - specialized private instruction.
(e) Dimensional requirements.
(1) Minimum lot area: None
(2) Minimum lot width: None
(3) Minimum lot frontage: None
(4) Minimum yards:
Front - 20 ft
Side - None
Rear- None
(5) Maximum building bulk:
Height - 25 ft
Lot coverage - None
Floor area ratio - 1
(f) General provisions. All principal and accessory uses
permitted within this zone are subject to the
requirements of Articles III and IV, the divisions and
sections of which are Indicated as follows:
(1) Accessory uses and requirements. See Article III.
a Permitted accessory uses and buildings. See
Sec. 36-56.
b. Accessory uses and building regulations. See
Sec. 36-57.
c. Off-street parking requirements. See Sec. 36-
58.
d. Off-street loading requirements. See Sec. 36-
59.
e. Sign regulations. See Sec. 36-60.
f. Fence regulations. See Sec. 36-64.
(2) General provisions. See Article W.
a Dimensional requirements. See Division 1.
b. Tree regulations. See Division 2.
c. Performance standards. See Division 3.
d. Non-conformities. See Division 4.
(g)Special provisions.
(1) In no Instance shall an area zoned CN-1 be less
than three (3) acres or more than seven (7) acres. •
(2) Religious Institutions which existed on August 7,
1962, may expand without compliance with the
dimensional requirements or the off-street parking
requirements.
LU
Ordinance No. 89-3440
Page 3
SECTION II. REPEALER: All ordinances and parts of
ordinances In conflict with the provisions 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 pan
thereof not adjudged Invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE: This Ordinance shall be In
effect after Its final passage, approval and publication as
required by law.
Passed and approved this 14th day of Nov-
emrer , 1989.
MAYOR
ATTEST: a4,,,,,M) ,O)
CITY RK
Approved as to Form
L=•al Department
f F- Py
4l
It was moved by Balmer and seconded by Ambrisco that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
First Consideration 10/17/89
Vote for passage: Ayes: Ambrisco, Balmer, Courtney,
Horowitz, Kubby, Larson, McDonald. Nays: None.
Absent: None.
Second Consideration 10/24/89
Vote for passage: Ayes: Courtney, Horowitz, Kubby,
Larson, McDonald, Ambrisco, Balmer. Nays: None. Absent:
None.
•
Date published 11/22/89
41
CITY OF IOWA CITY
CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5COw
STATE OF IOWA
) SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3440 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
14th day of November , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 22nd day of November , 19 89
Dated at Iowa City, Iowa, this 7thday of December 009
Ramona Parrott, Deputy City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO.Q 9-3440
AN ORDINANCE TO AMEND CHARIER -I8.THE ZONING
ORDINANCE fEOUTAT1ONS FOR THE NEIGHBORHOOD
COMMERCIAL CN-1 ZONE,TO PERMIT OFFICE AND OTHER
USES IN THE ZONE.
WHEREAS,to Nelghbnrml Commode one does,a
Permit office uset dser bakers.US. polled Maiom, or
needepe rented taco:aro
WHEREAS,Ria CM Cava:(Na Osetened TM Mse use.
are apptPae in ave Neghenim Commerical ane to meet
the day-lo-day needs d a luny developed oedemas(
and
WHEREAS. In the name d case deal 11 is dermad
appro./Ole to MMI to size an Scads Or office uses to
ensure mar conpMtItM on the conncepl d a Nagbandm
Commercial zone M accessed i1 me Gal sexton d me
zone.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY.IOWA.
SECTION I AMENDMENT_ TO Chapter 36. The Zoning
Ordnance',at to Code of Ordnance!c4 the Gat of Iowa City
Is hereby anelded by 1a00Miny Section 3610 and livening
/� the laliomn9 Hou thereof
Printer's fee / Sec 3618. Neignex ho,C Commode Zone(CNA).
(a)Imes. The Neighborhood Commercial
Ie and
mended to Ism a rani sales ms the de:eiewe
power services remind mea me day-to-day
CERTIFICATE OF PUBLICATION nerdsa follyr developed t.idama nei9dopt000d
stores.businesses end dices In Ma zone should be
STATE OF IOWA, Johnson County, ss: useful te me moony a me neghbahood raid""*
shWAd be eWenMary swoon/roe by neared
THE IOWA CITY PRESS-CITIZEN pwuaion• end town no drive communy_wne
patronage. A grocery Mae or grocery MmtdugSore
contention a favored a me prnodl tenon in a
• neighborhood commercial zonein general,the CN-1
Zone is Intended KK le grouping d a grocery Sore
end Meal read b,sneaaa and cit uses welch are
I recovery ws
ve ncenee to sund
amg roedenrrs and �I
WMoh do not Ohm from to retdemw purpose and
Carol Barr, beingdulysworn, saythat I chamois are e surrounding neghbanwThed
location and deabpnem a nowt Ottood commode
am the legal clerk of the IOWA CITY sites should folds Meales set ienotdrsurer saes m
the ComprlNvnaive Pen
PRESS-CITIZEN, a newspaper (b)(r)mBa Oe_M. and beauty palls laundsae end
published in said county, and that a laundry and dry creams perk-w and delivery
notice, a printed copy of which is hereto (2) Drugstores,gMaer,nam soca and votary Serle.
attached, was published in said paper (3) Financier meaWOB,branch offtes
l _ time(s), on the following (4) Plop bakery.(5) U.S postal OSon
Videotae
date(s): (c)Provenonafues store(I) Bocay Serer.Irchnng Specialty Nod each as
W///1
7 '2f /94Pybakery and dehcaeaen gcodo,ponied ea the
Poor d a grocerySae soknor on ten
orof tme maids Ma of B.COI zone
n
• With the grocery woe 0 k%Med.
(dl gpeca eWepen.
(1)char cafe reclines wood to the raQ,aennmt d
/�/Y
S .35-55.
/ 0 A? ' /S (2)j Drive-in 1ecn em fa financial teSNam.
V/JA SSS(((/ (3)Fang Mone prodded ea no pan d tre ling
ataon.eke Mak a Scaled wan Igo Rel of at R
Legal Clerk zone bmtawY.
(4) MSS n wheal no Wray a carred on cateingm g 10
a
retail trade cern the gars*porn end no
ustomers except
Subscribed and sworn to before me goods for aced a ffem sabliahmena ape' Mowed
In the zee.prodded Mt,
a. No tee eSSSEYmmot Mea occupy more Mari
this aday of 't)..9--e---'. A.D. 1800 square teat a arse
foot a
b. Tle teed fox arse s i ole da wan en
area sed CN-1 ser rd Sited Seen(15)
(((��� percent a the WI MaMeli1Mowing a t
19 (`1'//^ n (� zoprne ev.In the eee(to determineme area
IF;i1V,�lfl.[l/�/" tool ori-1.Sy tees centered wean me
Fede pue he Uvopddl•
SNL d Te edam of the bating in wdalb to office
a loosed does rd 1:IWO'r convenient epees
to real Wer and Ismng aMvne tote s
Notary Public •
ekgodue
n SHARON STUBBS (g)$PwePwem!
(1) In no Instance Sal en aszoned CN 1 be less I5)Rsn I tn„erte
(7) Retai ne
(15)9doa-specialized
P
Me kmmwnd.
UDere
(I)Minimum b area None
1
. - . . _ _ - ten three(3)acres or mm
more an seven ass. (2) Minorum lot width. N
- one
(2) Religious InMeaae with masted on Augers 2, (3) Minimum lot homage.
Nese
1902, may expand wetly complance ath Bre (4) Onlmem yards_Front• 20 ft oh ensond requirenoms a me off-street reet parkin . 2011
requirements. Rata None
Nae
SECTION II. REPEALER. All ordinances and parts Of (5)Meomum dimming bulk.
odnances In conflict Oh me prwvod of to Ordnance are Height- 25 ft
hereby repeal. Lot coverage- None
SECTION III SEVERABILITY It any section,proosan Of pan Floor area ratio- 1
of to Ordinance shell be adjudged to be Imam or (f)General prEellopp. All MOW and accessory asea
uncMMANeaMk such adllEMon shag not affeat the vMklty pomade wmsh mW zone ere subject to the
of the Ordinance a a wee Or any secors,plaeein or pen rsgxremera d Ands a and N.the avoors Mn
thereof nor adjudged invalid or uncaSpdiond pedes of whirl are i nNde as Winos
SECTION IV. EFFECTIVE DATE The Ordinance Shall be In (1)Acceraay Wer and requirements. see Article III.
axed after a This pelage, approval and puolcatlon as a Riemellel ac1N%zyse and ataing* See
required by law. Sec 3855..
Passed and approved the 14th day of Nov- f9
b. Accessory uses and betting regionals. See
1
ernes, 1989. 5 .3957
/
/ e. a O roe parkingregutSnSes. See Sec 36
tyJ( 58.
d Og-MreS loading requirements See Sec.38-
AYOR 59.
O Sign reputations. Ser Sec 36E0
I. Fonts regulanias. See Sec 3661.
(2) General pro/dens. See Article IV.
ATTEST r/ a Lnermwl rewremies Sen DIS on 1.
CRY iK b Tree regulation See Dann 2
33112 November 22,1989 c Perrormaore Sar ad See Divivun 3.
d Nahwntamaiea See Denson e.
O
ORDINANCE NO. 89-3441
•
AN ORDINANCE TO AMEND CHAPTER 36, THE ZONING
ORDINANCE, TO DEFINE VARIETY STORES.
WHEREAS, the Neighborhood Commercial Zone (CN-1),
permits variety stores; and
WHEREAS, the term "variety store° is not presently defined
in the Zoning Ordinance; and
WHEREAS, application of the Zoning Ordinance should not
rely on interpretation of the Code, to the extent possible; and
WHEREAS, the definition of terms lessens the extent to
which the code is interpreted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. That Chapter 36, "Zoning Or-
dinance', of the Code of Ordinances of the City of Iowa City,
Iowa, is hereby amended by adding subsection 36-4(v)(2.1) as
follows:
Variety store. An establishment engaged in the retail sale
of a variety of merchandise in the low to middle price
ranges. These stores do not cany a complete line of
merchandise, are not departmentalized, and do not deliver
merchandise. These stores are distinguished from other
similar stores listed in the 1987 Standard Industrial Clas-
sification Manual, Major Group 53-General Merchandise
Stores.
SECTION II. REPEALER. All ordinances and parts of ordinan-
ces in conflict with the provisions 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 unconstitu-
tional, 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. EFFECTIVE DATE. This Ordinance shall be in
effect after its final passage, approval and publication as
required by law.
Passed and approved this 14th day of Nov-
emser, 1989 .
IVOR
ATTEST: ,i iw.r-ca.. ) ,k /
CITY CL K
A••rov:d as • F• m
AO.
�,�.�._.: 72/8
Legal Department
It was moved by Ambrisco and seconded by Horowitz that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Ambrisco
X Balmer
X Courtney
X Horowitz
1C Kubby
X Larson
X McDonald
First Consideration 10/17/89
Vote for passage: Ayes: Balmer, Courtney, Horowitz,
Kubby, Larson, McDonald, Ambrisco. Nays: None.
Absent: None.
Second Consideration 10/24/89
Vote for passage: Ayes: Horowitz, Kubby, Larson,
McDonald, Ambrisco, Balmer, Courtney. Nays: None.
Absent: None.
Date published 11/22/89
TA
CITY OF IOWA
CITY
CMC CENTER 410 E. WASHINGTON ST. IOWA CRY, IOWA 52240 (319) 356-5000
STATE OF IOWA
) SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3441 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
14th day of November , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 22nd day of November , 1989
Dated at Iowa City, Iowa, this 7th day of December ,19 89 .
Rams a Parrott, Deputy City Clerk
Printer's fee 5,14407
CERTIFICATE OF PUBLICATION
STATE OF IOWA,Johnson County, ss:
THE IOWA CITY PRESS-CITIZEN
• OFFICIAL PUBLICATION
ORDINANCE NO.89-344 I
I AN ORDINANCE TO AMEND CHAPTER 36,THE ZONING
Carol Barr, being duly sworn, say that I ORDINANC TO DEFINE VARIETY STORES.
am the legal clerk of the IOWA CITY WHEREAS. the Neighborhood Commercial Zone (CM-I).
permits variety stores;and
PRESS-CITIZEN, a newspaper WHEREAS.the termvariey Morris not,presemy,defined
in the Zoning Ordinance;end
published in said county, and that a WHEREAS.apprcalbn a.the Zoning Ordinance should not
notice, a printed copy of which is hereto relyonREAS, o eft thaCode,term lesseese eAeM the extent o
WHEREAS,theltleat the ott,to t es%ce pe able: to
attached, was published in said paper which the code fsieemreled.
NOW, THEREFORE, BE ORDAINED BY THE CITY
1 _
time(s), on the following COUNCIL OF THE CITY OF IOWA CITY.IOWA;
SECTION I.AMENDMENT. Thal Chapter 36, Zoning Or- •
dates)• dinance',of the Code of Ordinances of the City ot lova.Ciy,
/,r �j�7 /� Iowa,Is hereby amended by adding subsection 3Sd(v)(21)as
zz Je ?9A cQc , //.,7/T 9
follows:
/ Variety stole. An establishment engaged in the retail sale
of a variety of stores merchandise in the low tomiddle price
stores
ranges. These do not racy a coompo no Yoe Of
merchandise,are not stores are ed,and do not deliver
merchastore. These stores 6distinguished hdm,ahs-
s 1 dusimrti n, es lialin theroup7 Standard-Industrial3- enlMerchnoiClas-
�111CC// St ret do Manual.Major Group 53G¢n¢rel Morcbandis¢
Stores.
SECTION
coni REPEALER All admar¢as end parts ofadinany
Legal Clerk nes in conflictwhhthe provisions ofthis ordinance are noisily
repealed.
SECTION III. SEVERABILITY. If any section,.Provision or pad
of the Ordinance shall be adjudged to be invalid or unconsmu-
Subscribed and sworn to before me , tional,such adjudication shall not effect the validity of the
Ordinance as a whole or any section.provision or part thereof
not adjudged invalid or unconstitutional.
/� SECTION IV. EFFECTIVE DATE. This Ordinance shall be In
this a of�1/YGf_c-, A.D. effect�m final passage, approval and publication es
y required by law.
Passed enc proved this 14th day of Nov-
• eiber, 1989-
19AIL AYOR
Notary Public
ATTEST 7J1+� „J
SHARON STUBBS Cm CLERK
-. .. ..__ 33149 November22,1989
0cc
ORDINANCE NO. 89-3442
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
CONDITIONALLY CHANGING THE USE REGULATIONS OF
CERTAIN PROPERTY LOCATED AT 2602 ROCHESTER
AVENUE FROM ID-RS TO RS-5.
WHEREAS, the Comprehensive Plan for the City of Iowa
City shows Residential land uses at a density of 2-8 dwelling
units per acre in the area containing the subject property; and
WHEREAS, a portion of the property described below is
presently zoned ID-RS, Interim Development - Single-family
Residential and a portion is presently zoned FIS-5, Low Density
Single-family Residential; and
WHEREAS, the ID Zone is intended to provide for areas of
managed growth In which agricultural and other non-urban
uses of land may continue, until such time as the City is able
to provide municipal services and urban development can then
take place; and
WHEREAS, the property described below is contiguous to
existing development and municipal services may be cost-
effectively extended to the property; and
WHEREAS, the existing RS-5 zoning designation on a
portion of the tract is consistent with the land use policy for
the subject property; and
WHEREAS, the subject property abuts other property
zoned RS-5; and
WHEREAS, the subject property is characterized by terrain
which is moderately to steeply sloping; and
WHEREAS,due to the physical characteristics of the subject
property, the site Is regarded as an environmentally sensitive
area, and any residential development will Impact on these
sensitive areas; and
WHEREAS, it is the policy of the City of Iowa City to
preserve and protect environmentally sensitive areas, as stated
in the Comprehensive Plan; and
WHEREAS, the applicant has applied to rezone the entire
parcel from RS-5, Low Density Single-family Residential Zone
and ID-RS, Interim Development - Single-family Residential
Zone to the RS-5 Zone; and
WHEREAS, it is in the public interest to preserve and protect
the environmentally sensitive attributes of the subject property;
and
WHEREAS, limiting the number of lots on this property Is an
appropriate way to protect the subject property; and
WHEREAS, low density single-family residential uses are the
most appropriate use for this area, and the Applicant has
agreed to take measures to mitigate against degradation of this
topographically sensitive area, and acknowledges one such
measure is to limit the number of lots to no more than
eighteen (18) lots,to be used solely for single-family residential
uses, in accordance with the terms and conditions of a
Conditional Zoning Agreement, a copy of which is attached
hereto.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. ZONING AMENDMENT. Subject to the terms and
conditions of the Conditional Zoning Agreement, the property
described below is hereby reclassified from its present
classification of ID-RS and RS-5 to RS-5:
Commencing where the West line of the NEY.
NWY., Section 12, Township 79 North, Range 6 West
of the 5th P.M., Intersects the center line of Iowa
Highway #1, also known as the Rochester Road;
thence North along said West line 944 feet to the
Ordinance No. 89-3442
Page 2
center of Creek running through said NE'/4 NW'/4 of
said Section 12, which point is 322.7 feet South of the
Northwest corner of said NE1/4 NW1/4, said Section 12;
thence bearing North 88°56' East along the center line
of said Creek 474 feet; thence South 4°54' East 1356
feet to the center line of said Rochester Road, which
point bears South 55°58' East 711.5 feet from the point
of beginning; thence Northwesterly along said center
line of Rochester Road to the point of beginning,
containing 13.7 acres, more or less.
SECTION II. ZONING MAP. The Building Inspector is hereby
authorized and directed to change the Zoning Map of the City
of Iowa City, Iowa to conform to this amendment upon final
passage, approval and publication of this ordinance as
provided by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The
Mayor is hereby authorized and directed to sign, and the City
Clerk to attest, the Conditional Zoning Agreement.
SECTION IV. REPEALER. All ordinances and parts of
ordinances in conflict with the provisions of this Ordinance are
hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part
of the Ordinance shall be adjudged to be invalid or unconstitu-
tional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof
not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in
effect after its final passage, approval and publication as
required by law.
P• sed and approved this 14th day of
Noiremb5r , 1989oac
PAYOR //
ATTEST: t es.4.) 7)
CITY CL K
App oved as t• orm
egal Department
�v/9g9
s3
It- was moved by Horowitz and seconded by Balmer that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
First Consideration
Vote for passage:
Second Consideration 10/24/89
Vote for passage: Ayes: Kubby, Larson, McDonald,
Ambrisco, Balmer, Courtney, Horowitz. Nays: None.
Absent: None.
Date published 11/22/89
Moved by Horowitz, seconded by Ambrisco, that the rule
requiring ordinances to be considered and voted on for
passage at two council meetings prior to the meeting at
which it is to be finally passed be suspended, the first
consideration and vote be waived and the ordinance be given
second consideration at this time. Ayes: Horowitz, Kubby,
Larson, McDonald, Ambrisco, Balmer. Nays: None. Absent:
None.
CONDITIONAL ZONING AGREEMENT
This Agreement is made between Smith-Moreland Properties, a General Partnership ("Smith-
Moreland") and City of Iowa City, Iowa, a municipal corporation ("City").
WHEREAS, Smith-Moreland is the owner of the following-described real estate located in Iowa
City, Johnson County, Iowa:
Commencing where the West line of the NE' of the NWY, Section 12, Township
79 North, Range 6 West of the 5th P.M., intersects the center line of Iowa
Highway #1, also known as the Rochester Road; thence North along said West
line 944 feet to the center of Creek running through said NE/4 of the NW' of
said Section 12, which point is 322.7 feet South of the Northwest corner of said
NE' of the NWY, said Section 12; thence bearing North 88°56' East along the
center line of said Creek 474 feet; thence South 4°54' East 1356 feet to the
center line of said Rochester Road, which point bears South 55°58' East 711.5
feet from the point of beginning; thence Northwesterly along said center line of
Rochester Road to the point of beginning, containing 13.7 acres, more or less;
and
WHEREAS, a portion of the subject property is presently zoned ID-RS, Interim Development -
Single-Family Residential, and a portion is presently zoned RS-5, Low Density Single-Family
Residential; and
WHEREAS, Smith-Moreland has applied to rezone the entire subject property to RS-5, Low
Density Single-Family Residential Zone; and
WHEREAS, the subject property is meadow land and moderately to steeply sloping terrain, and
is therefore regarded as an environmentally sensitive area; and
WHEREAS, Smith-Moreland has agreed to take measures to preserve and protect the subject
property, and to mitigate against any undue degradation of the property; and
WHEREAS, Smith-Moreland acknowledges that limiting the number of lots on the subject
property to no more than 18 lots for single-family residences is an appropriate way to protect
the environmentally sensitive aspects of the subject property.
NOW, THEREFORE, in consideration of the mutual promises herein, City and Smith-Moreland
agree as follows:
1. The above-described subject property is partially zoned ID-RS, Interim Development -
Single-Family Residential, and a portion is presently zoned RS-5, Low Density Single-
Family Residential.
45
2
2. Smith-Moreland, as owner of the subject property, now requests the entire property be
rezoned to RS-5, a low density, single family residential zone of the Iowa City Code of
Zoning Ordinances.
3. City and Smith-Moreland acknowledge the RS-5 zone is consistent with the surrounding
area, and is appropriate for the subject property.
4. City and Smith-Moreland acknowledge and agree the subject property is meadow land
and moderately to steeply sloping terrain; and is thereby regarded as an environ-
mentally sensitive area, as defined in the City's Comprehensive Plan.
5. City and Smith-Moreland acknowledge it is the City's policy to protect and preserve
environmentally sensitive areas, as also stated in the Comprehensive Plan.
6. Parties acknowledge and agree the City may properly protect against adverse impacts
which development may have on environmentally sensitive areas; and that limiting the
number of single-family residential lots on the subject property is in the public interest,
and is an appropriate and reasonable condition to impose on the subject property as
provided by law, Section 414.5, Iowa Code (1989).
7. Smith-Moreland, together with its successors and assigns in interest, hereby acknow-
ledge and agree that in the event the subject property is divided, split or subdivided in
any manner, the number of lots on the property herein shall in no event be more than
eighteen (18) lots; and that these eighteen lots shall be used solely for single-family
residences, without any further or later subdivision, resubdivision, lot splits or divisions
to occur at any time.
8. City and Smith-Moreland acknowledge this Agreement shall inure to the benefit of the
Parties' successors and assigns in interest, and shall bind all Parties' successors and
assigns in interest. Parties also agree this Agreement shall be deemed to be a
covenant running with the land and with the title to the land; that the Agreement shall,
upon execution, be recorded in the Johnson County Recorder's Office; and shall,
without further recitation, continue to be a covenant on each portion of the subject
property, until released of record by the City of Iowa City.
9. Nothing in this Agreement shall be construed to relieve Smith-Moreland from complying
with all applicable local and state regulations, and Smith-Moreland acknowledges same.
Dated this 14th day of November , 1989.
43
3
SMITH-MORELAND PROPERTIES,
A GE(VVNnIERAL PARTNERSHIPBO
I
.
(1101.411\ •
$-hn W. Moreland, Jr., Partnb
CITY OF IOWA CITY
By: a J�
hn McDonald, Mayor
Attest: 721p4 .7.4) 711 )64, ✓
Marian K. Karr, City Clerk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 14th day of November , 19 89 before me,
Gina Heick , a Notary Public in and for the State of Iowa,
personally appeared John McDonald and Marian K. Karr, to me personally known, and, who,
being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the
City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal
of the corporation, and that the instrument was signed and sealed on behalf of the corporation,
by authority of its City Council, as contained in (Ordinance) ( scIN No. 89-3442
passed (th'l)(17tdi'sibflJtDfAXa 15t 5) by the City Council, under Roll Call No. of the
City Council on the 14th day of November , 19 89 , and that John
McDonald and Marian K. Karr acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed. \ 1
(-511:,„ 'm. C\J -kc\a_
Notary Public in and for the State of Iowa
LP)
4
STATE OF IOWA
SS:
JOHNSON COUNTY ) �f
On this AA1 �7p
day of ((i('±� Q�J , 19 n / , before me, the undersigned,
a Notary Public in and for th State of Iowa, personally appeared John W. Moreland, Jr., to
me know, who being duly sworn, did say that the person is one of the partners of Smith-
Moreland Properties, an Iowa general partnership, and that the instrument was signed on
behalf of the partnership by authority of the general partners; and the partner acknowledged
the execution of the instrument to be the voluntary act and deed of the partnership by it and
by the partner voluntarily executed.
9-
•tary Public in and for sa'• State
\ Approve • Form
Legal Department
/et rb
43
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
STATE OF IOWA
SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3442 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
14th day of November , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 22nd day of November , 19 89
Dated at Iowa City, Iowa, this 7th day of December ,19 89
mo a Parrott, Deputy City Clerk
OFFICIAL PUBLICATION OFFICIAL PUBLICATION
/ � ORDNANCE N0. 89.3442
/`J1 M������r� condawlIf Zairg ATes,ee a espy d SN�cn a attache
AN ORDINANCE AMENDING T71*USE O ORg1NNc{B1' �
CERTAIIoNAay CHANO.0 T1E AT REOUTATO`S a NOW. THEREFORE. RE r OROAMEo BY THE CR
CERTAIN ROM oars LOCATED AT 2if ROCHESTER cotPo.OF flit CRM ON IOWA CSIAMtA.
AVENUE FROM Io.RS TO RS-5 SECrON r fthe Co AMENDMENT dread 10,t In an
comm d as C4 hereby
Zona SReasf , me pope r
WHEREAS:ice Comprehensive Plan for the Cory of baa deathbed baso. he Fasts recaRSAed from N peso
car shoes a Re d.vpl and tam at a arias a 2a ray ang d.snraio d ons and Rsa to Ass.
use,per ape m me ea CASMmng me gutted progeny,and Commencing where We Wear Ire d The NET.
I1AyEalzo,e,a poabi d he.Davotoy aewisd baba a NW'A Sbgn 12,Toensha 71 North gage S Wed
pears'zoned IO-Vc,Mean Dewwgrrert.Sorr, d Ire Sal P.M, ins-evicts the pees Redeem
Of load
Resewee end s poabn he Paytmyzoned RS-S,Low Oady theme Hymn* Al. also Mom a ice Rod'ea Rose':
SinglaHERE Residential.and owner Nd111 along said Wee FM 944:My b of
WHEREAS,nM 10 Mica a Inrynaaa to pra+as fp areas of owner d GN4 runningc ;through sad NEx of%ie
nee of l went el Mich agncuANN and dpa non-urban Said Stab,12,Mich IN.a 5221 Mw Sem d ate
toad and they cdnlrru ,Moi such bens as to..fay a Tae Mann.eering N C.WI NE%NW,sae Semen le
to pphea,e nGiMe eyvcw and tomo deacpns.n can mon mace bang Noon 9ES6 Em Nag FM area an
aye hear,a10 et Gala Cowl!ce ale Ar:thence Sada e R EW rya
WHEREAS,IM downy uncabea below a�gnpe b feel bar center dad.ad Rocnheel Ron.Poco
emwdg dwae i nor municipal aer.t may be me, p0,5 baa.spate SSS,'Eat 71t 3 So Ilan the pay
effoau. extended ID the ftS-5 :and d negnrwg:mane NortmwmenO wore aid peat,
Won td M. me staling ednng Marmon on a erns d Rw..ear Rind to the s A depmng,
J�j ry�d paean G me PM a consistent.M,the land use poky for M wag IJ 1 acro,ogre d St
Printer's fee 5/ m°ai"tpYO and 4EGrwN. 2oNlra3 MAP The eNainglmp.ada no-
d R64, the suns" poPsM Spin dMr pdpW adnplaa and ceded u aurae the adwg Reap d Me Cie
need R6d:and d lows Cay,sane to conform to Ids alnitamendment upon.line
VASERECERTIFICATE OF PUBLICATION which 4 n'cdna.ythe yto Reed ryeopr•q°p'n"°°j Wad
pwoadby Saw"I n° °"aLA101 d' nit °'°n`"'+ as
WHEREAS,due to me phyecel charactanSts of the subject SEOIION R. CONDITIONAL ZONING AGREEMENT The
STATE OF IOWA. Johnson County, ss: property.the tae is regarded a an arreonm.mvy,vane Mara he heresy alnn(a and carpool to Ngn andae
area end any resent*development we impact on mese Oeh to foes m.Ccndsldw Mang Ag.ldie
THE IOWA CITY PRESS-CITIZEN sellaierveflee;and DECOON v REPEALER Aa ordinances end pans of
VME REAS. t a dr poepy anew Cay d low.Cay to °dater in m11 I was the pone of the Ordnance are
dame ate Vdect NMmnmenaN tpaaiw areas as shed hnoby repeated
,i the C,mEtlpwSlgaPlan.n.and SECITON V $FVERA0limy y.elan.memo,dvaipad
marl n� Dertha n ha awed to morn ma soon d me Ordnance smidm
be adjudges 0 be mired uonew-
pantel pad ib-RS,$.RS-Ide5. edy RAglMaldty Residential Zone IMP.Sudi a'1ludiral!MAIM NW Ise whet?et me
Development-Sagaramy Resden air Grdaarce a a Pas.Ct any aadon,Pdaam p pal cheat
I. Zone to the Res Zone,end not adrydg.d,mend or wNorMdagn♦
WHECarol Barr, beingdulysworn, saythat I REAS.ice nth.pudic Adams preanYe aU piOen SECTION VI EWFEC'WE DATE. The Oedema era been
aMrdmwady aMahe Socha of me sunned popsy: eeed an., its Me
am the legal clerk of the IOWA CITY a1Y1iFfeA9 t, required by law, pOt'gB i0pf0"P and°,rm`edn"
tegetera:nbwdkmonmapoparyan P •ateera lith clay of
PRESS-CITIZEN, a news apempmpaaat+/to pooled mesuetn properly.and N•/ em re0p3°�° .
P P WHEREAS.low Matey angle-lemy raaawne usesere the / _
published in said county, and that a nee cepa.us*far Ars area,and the Am:Mara has
`G
notice, a tinted CO agreed madras 1O mitigate man degradation al las • TOR
p py of which is hereto topogredwwy aretw area and ec,noveopa one etch
attached, was published in said paper measurea b 14ne the number of eda to ro more man
eighteen(PO Ida b bolted*Okay FP sag44•May reseen,e ATTEST Aal
time(s), on the following a b .dabance.an the lens andcandmns a a RK`"' '� '�
•
date(s): CONDmONAL ZONING AGREEMENT
l7� DD This Agreement is made between Smith-Moreland Properties, a General Partrrenhip('Smith.
Q/40:97firef a/1,2 4,/f!?c Moreland') waa municipaland City of IoCity, Iowa, municipal corporation('City).
J WHEREAS.Smith-Moreland is the owner of the followingdesalbed reel estate located in lows
City,Jonson County, Iowa:
Commencing where the West Me of the NE%of the NW14,Section 12,Township
79 North, Range 6 West of the 5th Pa, intersects the center line of Iowa
Legal Clerk Highway It,also known as the Rochester Road;thence North along said West
Woe 944 fent to the center of Ciesk rusting hough said NE%of Aha NM%M
•Subscribed and sworn to before me said Section 12,with Is T Net South d the Northwest corner of Sale'
NE%of the IM54,said Section 1Z thence bearing North 68^56•East along the
.y/ lV�\ center line of said Creek 474 feet thence South C54' East 1356 feet to the
this L ay ofLJ.�i�� . A.D. owlet tine of said Rochester Road,which point bears Satoh 55'56'Ent 711.5
kit from the ppm of beginning;thence Northwesterly along said cent*line of
Rochester Road to the point of beginning,containing 13.7 saes,more or ins;
ta
�
irt
WHEREAS,a portion of the subject property is presently zoned ID-RS,Interim Development-
Single-Famiy Residential, and a portion is presently zoned RS-5, Low Density Single-Family
Notary Public 'and
SHARON STUBS$ WHEREAS, Bmay m tHMoreland has applied to rezone the entire subject properRS-5, Low
Density Single-Family Residential Zone;and
- - -- __) WHEREAS,the subject property is meadow land and moderatelyto steeply sloping terrain,and
Is thereto"regarded a an envaonmentaly sensitive area;and
WHEREAS,Smith-Moreland has agreed to take measures to preserve and protect the subject
properly,and to mitigate against any undue degradation of the property;and
WHEREAS, Smith-Moreland acknowledges that Mating the number of lots on The subject
property to no more than 18 lots for ainglefsmly residences is an appropriate way to protect
the envuormentatiy sensitive aspects of the subject property.
NOW,THEREFORE,Ii consideration of the mutual promises herein,City and SmM-Moreland
agree a follows:
1. The above-described subject property is partially zoned ID-RS, Interim Development
SlnDla-FamYy Residential,and a portion Is presently zoned R55, Low Density Single-
Family Residential.
• 2, Smith-Moreland.as owner el the subject property,now requests the mire moony be
rezoned to RS-5,a low density,single family residential zone of the Iowa Cry Code of
Zoning Ordinances.
3. CIy end Sml41-MaNend adoiowiedge the Rs-5 zone Is consistent Pah the aurramdl g
wee,and Is appropriate for the subject property.
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' Z---1-75 C - / V 72Z-Z--X-2
• ORDINANCE NO. 89-3443
AN ORDINANCE TO VACATE A UTILITY EASEMENT IN
BLOCK 47, IOWA CITY, IOWA.
WHEREAS, the City has conveyed to Mercy Hospital the
vacated portion of the east-west alley between Market Street
and Bloomington Street, east of Gilbert Street; and
WHEREAS, the vacated alley contained a 20-foot utility
easement; and
WHEREAS, Mercy Hospital's building plans Include
relocating the sanitary sewer and storm sewers in the alley;
and
WHEREAS, a portion of the 20-foot utility easement will no
longer be required after relocation of the sewers.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. VACATION. That the following-described utility
easement Is hereby vacated:
Commencing at the southeast corner of Lot 3, Block 47
of the Original Town of Iowa City Addition; thence easterly
along the south lot line of Lot 2 of said Block 47, six feet
to the point of beginning;thence continuing easterly along
the south lot line of Lot 2, 54 feet; thence south 20 feet to
the north lot line of Lot 7 of said Block 47;thence westerly
along the north lot line of Lot 7, 34 feet, thence north 45
degrees west, 28.3 feet to the point of beginning.
SECTION II. RECORDATION. The City Clerk is hereby
authorized and directed to certify and record this ordinance
at the Office of the Johnson County Recorder.
SECTION III. REPEALER. All ordinances and parts of
ordinances in conflict with the provisions 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
required by law.
Passed and approved this 14th day of Nov-
ember, 1989 .
OR
ATTEST: M' 74„)
CI C RK
ppro o Form
Legal Department
/� �t-'y
It was moved by Balmer and seconded by Ambrisco that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
First Consideration
Vote for passage:
Second Consideration 10/24/89
Vote for passage: Ayes: Ambrisco, Balmer, Courtney,
Horowitz, Kubby, Larson, McDonald. Nays: None. Absent:
None.
Date published 11/22/89
Moved by Balmer, seconded by Ambrisco, that the rule
requiring ordinances to be considered and voted on for
passage at two council meetings prior to the meeting at
which it is to be finally passed be suspended, the first
consideration and vote be waived and the ordinance be given
second consideration at this time. Ayes: McDonald, Ambrisco,
Balmer, Courtney, Horowitz, Kubby, Larson. Nays: None.
Absent: None.
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
STATE OF IOWA
) SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3443 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
14th day of November , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 22nd day of November , 19 89
Dated at Iowa City, Iowa, this 7thday of December ,19 89
crtJ Pau
mo Parrott, Deputy City Clerk
•
•
Printer's fee 3
CERTIFICATE OF PUBLICATION
STATE OF IOWA.Johnson County, ss:
THE IOWA CITY PRESS-CITIZEN OFFICIAL PUBLICATION
• ORDNANCE NO. 89'3113 ,
.AN ORDNANCE 70 VACATE A U'YKJ1Y EABEMENt N
gtOCK et 10WA CRY.IOWA
• VA REAS.MIi Cie tm drawee to ManlyWifei to
Ir l neat&paw arae ecn.aa Poor between Madre Street
Carol Barr, being duly sworn, say that I o dSE a sir}_ am the legal clerk of the IOWA CITY eaVAIR a a
PRESS-CITIZEN; a newspaper
WHEREAS,Mgthe Mary hospital%enrSid aWNn9 Sar,in Slide
nlamraJ nne aaaary published in said county, and that a WHEREAS.a pular;of Nr Mae Sty aeanne aaam
notice, a printed copy of which is hereto lodger be re9uab an«reradwA a tn.sewers.
HOW. TNERilo1E, RE IT ORDAINED BY THE CRY
attached, was published in said paper .COUNCIL OF THE c[R OF IOWA orre.IOWA.
/ time(s), on the following secnoN I. VACATION. TIM be iunoamg gate Iinlry
easement ehereby:seted
Opmme M M1n e«A»6V comer Ow C*1..01
alo,�da/tee(sl: tq j�/,Jy1 p/� atheO Town abwastsix
/ He s./!/"LK //�' /J� //.all % the s the swan bl We a LalamE 'Guth. feet to
CCC / ante WING teaming thence grim Nassea'k+w^G
We
south wase f a 2 Sasra, etMerge tale weal to
as roam lot oMe a Lel Lot 7.34 t&T t ante Koh 45
dy
degr the est, lot w a Md x lett rtes Koh a
degrees west,zea lea to ane dem er oepemwa
POTION g RECORDATION 28.3 feat The Cay t Mr b hereby
nce
outhouse are the eaae ro ON. ins roma em ordnance
a ala ON a mE.romson ordinances' 4ROpON Ill REPEALER. AN ar6narcae aM pert! of
•
Legal Clerk ; o/dmalwam vah 6m proverbs,a wie°romance are.
ne.nrrapoa a:
SCCRONInVtRA9lt Maw'scion.Grayson or pan
a eta Ordinance Shat be aejuagen,to be heaC or
Subscribed and sworn to before me of such asaa0'' °nynrl eon,not %o or a the 0itivanri®a whole or any neon,AovMiM a Pat
thereof. .uMeld a'w
ara
dgeaacc unYnttanN.
SO••V EFIECTNE d u Tes Oncnaws than be in
effect alar ib Mai passage, approval and pWNm ca' as
this ay of . A.D. novae by me.
Passel ba Weaved tie 14th day of Soy-
/
I eMb r, 1989.
fir.
/
Notary Public ATTEST_771a•.sn+4J ten-)Cr ARK
SHARON 33147 November 72,1989
(� a. i �.
ORDINANCE NO. 89-3444
AN ORDINANCE TO CHANGE THE NAME OF DYNEVOR
CIRCLE TO LITTLE CREEK LANE.
WHEREAS, the owners of the Ty'n Cae Subdivisions have
requested that the name of Dynevor Circle, platted in Ty'n Cae
Subdivisions, Part Three and Five, be changed to Little Creek
Lane; and
WHEREAS, Little Creek Lane is not a name used on any
other street in Iowa City.
NOW,THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. NAME CHANGE. That the name of the public
street, Dynevor Circle, dedicated to the City of Iowa City with
the subdivision of Ty'n Cae Subdivisions, Part Three and Five,
be changed to Little Creek Lane.
SECTION II. RECORDATION. The City Clerk is hereby
authorized and directed to certify a copy of this ordinance to
the County Recorder of Johnson County, Iowa, upon final
passage and publication of this ordinance as provided by law.
SECTION III. REPEALER: All ordinances and parts of
ordinances in conflict with the provisions 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 unconstitu-
tional, 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
required by law.
Passed and approved this 21st day of Nov-
e/er, 1989 .899.
YOR
ATTEST: ) J yS • ?eat-ti
CITY RK
•
Approved as to Form
Legal Department
/o- - tY
145—
It was moved by Larson and seconded by Ambrisco that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
Larson
X McDonald
First Consideration
Vote for passage:
Second Consideration 11/14/89
Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson,
McDonald, Ambrisco, Balmer. Nays: None. Absent: None.
Date published 11/21/89
Moved by Balmer, seconded by Ambrisco, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be finally
passed be suspended, the first consideration and vote be waived
and the second consideration be given at this time. Ayes: Balmer,
Courtney, Horowitz, Kubby, Larson, McDonald, Ambrisco. Nays:
None. Absent: None.
45
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
STATE OF IOWA
) SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3444 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
21st day of November , 1989 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 29th day of November , 19 89
Dated at Iowa City, Iowa, this 12thday of January ,19 90
`1/ 7
Ra ona Parrott, Deputy City Clerk
Printer's fee 3/'lir .
CERTIFICATE OF PUBLICATION - -
STATE OF IOWA. Johnson County, ss: . oFFILIALPUBLICATION
THE IOWA CITY PRESS-CITIZEN ANO. En-'1J1 .
AN ORDINANCE TO dWNQE TIE.Nest OF OfEE'OR
CARCLE TO LITHE GREEN(LAVE.
flwAS.the owners al the TO CAS,M'�oe
hoe
I, m.•rearmet the Aces d%savor
Sop•irleb*Pet Three and Fles be crewed to Late CAW
Carol Barr, being duly sworn, say that I ,tAeuWLeeenot• w. ved�
am the legal clerk of the IOWA CITY , other'sad M lows
PRESS•CITIZEN, a newspaper CO , IOWA n ORDAINED BY OF, E� �mti.IOW, A:::
published in said county, and that a kenestreetontwNCee.e.wme•tothe�+aw"e
copy *ItahlAtelon cbtn9erd drys Creek coo
can ere.Pe Three aria Frye.
notice, a printed of which is hereto tec am •E ^tars
� "a" c ` �"„
attached, was published in said paper mewed edd eaadewnrye ie copy al Nsk is
to
_� on the followingthe County Recorder ol Johnson County.love •hen""m
time(s), passage mr
eegea Ablation ol me by e
ordinance es provided w.
date(s): $EGTGN IeREPEAL% Alt adirmr es and pets al
aCinance%in contact wall the provision al this ordnance ere
��//] / 1 �? �f hereby repealed. IL : II mry section.provision or pan
/ /(t��/f'77-4 /CJC /� �P9 Umb dinette shall be ad rrd9edto be SAKI or ulWMlau
L/ lan&such•dhldietio n shall not elect the vaias a the
Otanany ase wide Of any station picasion or Pen awed
4axAnc unridged Irweed rn uncaterNronal.
edV EFFECM€4ATF TIw OrmwMw snsi be M mten as as final passage, epprwal and P.�eeen u
repassed las
Nasal vas 21st day of \qv-
PeMed 58899
cm•e r,
Legal Clerk / / ;
Subscribed and sworn to before me '•T'N
��``-�
this ..� layof'w• ATTEST:, A.D. cnv em
Q . 33346 November 29,1989
19/�
Notary Public
SHARON STUBBs
_ —S
•
•
>ra
L' I
ORDINANCE NO. 89-3445
ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY
AMENDING SECTIONS 17-2 AND 17-3 TO REQUIRE
OWNERS OF RENTAL PROPERTY NOT RESIDENTS OF
JOHNSON COUNTYAND CONDOMINIUM ASSOCIATIONS TO
DESIGNATE A LOCAL AGENT EMPOWERED TO REPRESENT
A PROPERTY OWNER(S) CONCERNING COMPLIANCE WITH
THE IOWA CITY HOUSING CODE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY:
SECTION I. That Chapter 17 of the Code of the Ordinances
of the City of Iowa City, be and the same is hereby amended
by adding the following definitions of Designated Agent and
Reside in section 17-2 to be codified the same to read as
follows:
Designated Agent
Designated Agent shall be the person designated by
owner(s) of rental property who are not residents of
Johnson County, as well as Condominium Associations,
who has authority to act on the owners' behalf to accept
service of legal processes and notices, and to authorize
repairs as required.
Reside
Reside shall mean the place where a person has
established legal residence and physically resides not less
than 10 months of any applicable calendar year.
SECTION II. That Chapter 17 of the Code of Ordinances of
the City of Iowa City, Iowa, be and the same Is hereby
amended by adding a new Section 17-3(v) to read as follows:
(v). Designation and Registration of Designated
Agent.
Owners of rental property not residing In Johnson
County, Iowa, and/or condominium associations
shall designate and register with the City of Iowa
City in the Office of the Department of Housing
and Inspection Services a Designated Agent
located in Johnson County and empowered to
represent a property owner(s) in matters
concerning compliance with the Iowa City Housing
Code and as defined in Section 17-2. Failure to
designate and register a Designated Agent is a
violation of this Chapter and may result in
revocation of a rental permit.
SECTION III. REPEALER: All ordinances and parts of
ordinances in conflict with the provisions 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
required by law.
Ordinance No. 89-3445
Page 2
Passed and approved this 21st day
of November, 1989 .
YOR
ATTEST: 1oA,1„
/
CI LERK
Approved as to Form
k/Js '%/M
Legal Department
T
It was moved by Balmer and seconded by Ambrisco that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
First Consideration 10/17/89
Vote for passage: Ayes: Kubby, Larson, McDonald,
Ambrisco, Balmer, Courtney, Horowitz. Nays: None.
Absent: None.
Second Consideration 11/14/89
Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson,
McDonald, Ambrisco, Balmer. Nays: None. Absent: None.
Date published 11/29/89
4co
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA C11Y, IOWA 52240 (319) 356-5000
STATE OF IOWA
SS
JOHNSON COUNTY
I, Ramona Parrott, Deputy City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto is a true
and correct copy of the Ordinance No. 89-3445 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the
21st day of November , 19 89 , all as the same appears of
record in my office and published in the Iowa City Press-Citizen on
the 29th day of November , 1989
Dated at Iowa City, Iowa, this 12thday of January ,1990
Ra ona Parrott, Deputy City Clerk
OFFICIAL PUBLICATION...{q •
./�i� )_; ORDINANCE.NO. 119 T „Rt
Printer's feeY ER 17 Or OF •
TA NCES le 1. Oa IOWA CITY.'I YY
CERTIFICATE OF PUBLICATION AV GEO ata AND 1T3 TO RE E
OWNERS OF RENTAL PROPERTY NOT RESIDENTS 05
STATE OF IOWA. Johnson County. ss: JJaNSON COUNTY AND CONDOMINIUM ASSO0Al10NSRC
OLSIGNATE A LOCAL AGENT EMPOWEREDIO REPRESENT
A PROPERtt OWNER(S)CONCERNING COMPLLANCEVd171
THE IOWA CITY PRESS-CITIZENTHEIOWA CITY HOUSING CODE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Or
IOWAp1Y'
SECTION I. That chapter 17 N the Coda 01 the Oftarmvlla
e City 01 Iowa Ely,be and the same Is hereby amended
I r of thby adder the following defimions of DeSignaled Agent end
Carol Barr, being duly sworn, say that I ee�'n section 17D10 be mafiosi the same to read as
!coam the legal clerk of the IOWA CITY Designated Agent
g DevyteaC Agent snarl te the person designated by
PRESS-CITIZEN, a newspaper Awn,r(a) d rental property wee ere not ma�da�a
published in said county, and that a
,Johnson County,as well as Condaemmium Asses ae.
who has etMny to act on the owners'behalf to Mega
notice, a printed copy of which is hereto Geta a el legal processes and nE,icea,and to.,K.ectiligin
Mem as required.
attac ed, was published in said paper Re RFleade shall mean the pace where a person Ma
time(s), on the following °saddled legal sesame
aand wenav restapes not leu
than 10 months of any appy Y
date(s): SECTION II. That Glebe'17 of the Code Or Ordinances of
inno CM a Iowa City, Iowa, be and the sate is MRby
((( //�////�� / emended by adding a new Station 17J(v)to read as follows:
7 /� ' a j 14 /rig
(v). , Designation and Reglatrnlaa of Designated
////(/ 1,/.12N.G��1( T/ /1 Agent..
Owners Of rental propend not residing In Jmnwn
County,Iowa.andtor CINednNium a550dMJOna
shall Migrate and register with lee City d Iowa
Coy In fro Office of the Depanmanl of HWYng
and Inspection Services a Desgraled Arear / Iocae in Mason County and empowered to
represent a property owner(s) In nets
• Patterning cdnplancewenthe IoaaCey Housing
Legal Clerk Coca and as defined in SectlOn 1E2. Failure to
designate and register a Designated Agora 1s a.
violation of this Chapter and may testa In
All
Subscribed and sworn to before me tEC9DN revoca''of a rental peaYE
REPEALER' All on:Wallcaa and Data of
or VnMCae in amt a van the Aor lsof tats Ordinance are
holeby repealed.
EFCTdan IV. SEVERABI(JPy fl anysacon.bensm0r pan
thl$s ay of . A.D. d the pdelane° anal be adjudged to be 'fleeted of
unConsleutOnal,such adjudication shall not eat the validity
/�/. et the ttranca as a whole . and sampanpoproclaim a part
1 a[A'/1 meted)fest adjudged invalid or ymmnstaWionel.
LA.....;..)ka
J�F/=/ vSECTION V. EFFECTIVE DATF. This 0iSCMU Mut be in
reed atter ag final passage, zpDrwaT and pub'nrztion as
quited by We,
Passed and applaweJ w 31.E Jay 01
Norenher. I998g. • _
Notary Public aLedig
SHARON STUNS • ow
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- - - - 33249 November 29,1989.