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HomeMy WebLinkAbout1988 Ordinance Book ORDINANCES BOOK NO. 29 #88-3359 to 88- 3375 PAGE ORD. NO. TITLE . DATE 1 3359 Ord. amending Chapter 33, entitled "Utilities" of 1/12/88 the code of ordinances of the City of Iowa City. 2 3360 Ord. amending the Zoning Ord. by changing the use 1/26/88 regulations of Properties located East of Boyrum St. and North of Olympic Circle. 3 3361 Ord. amending the Zoning Ord. by changing the use regulations of properties located in the 600 Block of Kirkwood Ave. 4 3362 Ord. to vacate a portion of the Clinton Street Right- Of-Way between Benton Street and Kirkwood Ave. 5 3363 Ord. amending Chapter 31, Article V, Div. 3, "Ice 2/9/88 and Snow Removal" of the Code of Ord. of the City of I.C. by adding thereto a new section to be codified as Section 31-124, Providing Regulations for the removal of Snow and Ice from Private Property. • 6 3364 Ord. to amend the Zoning Ord. by changing the use 2/15/88 regulations of certain property located North of Highway 1 between Hudson and Miller Ayes. 7 3365 Ord. amending the Zoning Ord. by changing the use regulations of certain property located at 808 S. Dubuque Street. 8 3366 Ord. to amend portions of the Zoning Ordinance 2/23/88 regarding Off-Street Parking Requirements. 9 3367 Ord. amending the Zoning Ord. by changing the use regulations of an 84.73 Acre tract known as Southwest Estates. 10 3368 Ord. to amend the Legal description of City Plaza. 11 3369 Ord. to amend Chapter 36-68, permitted obstructions 3/8/88. in yards, to permit Gas Pump Canopies. 12 3370 Ord. amending the Code of Ord. provisions relating to 4/5/88 alcoholic beverages, wine and beer in public places and bldgs. and author. consumption of alcoholic beverages and beer in municipal bldgs. if a liquor control license is obtained. 13 3371 Ord. amending Chapter 32.1, entitled "Taxation and Rev- enues" of the Code of Ord. of the City of I.C. by amend- ing sections 32.1-65 and 32.1-73 therein to, respectively, increase fees for use of swimming pools and to amend the listing of water main tapping service fees. 14 3372 Ord. amending the Zoning Ord. by changing the use re- 4/19/88 gulations of certain property located E. of First Ave. extended via Hickory Trail. 15 3373 Ord. amending the Zoining Ord. by changing the use re- gulations of certain property located on Cambria Court N. of Cae Drive. 16 3374 Ord. to amend Section 36-58(g) of the Municipal Code relating to the storage of Special Vehicles and Water- craft. 17 3375 Ord. amending Chapter 9.1 Entitled "City Plaza" of the code of ord. of I.C. by amending Section 9.1-4 therein to prohibit and regulate the use of bicycles, skate boards, roller skates and coasting of any kind in the . City Plaza. ORDINANCES BOOK NO. 29 #88-3376 to #88- 3388 PAGE ORD. NO. TITLE DATE 18 3376 Ord. estab. procedure for collection of fees to repay 5/3/88 developers for costs incurred in installing off-site pulic improvements needed to support out-of-sequence development. 19 3377 Ord. amending the Zoning Ord. by changing the use reg- ulations of certain property located in the Southwest Quadrant of the intersection of Walden Road and Mormon Trek Blvd. 20 3378 Ord. approving the Preliminary and final planned Devel- opment Housing Overlay for the Iowa City Retirement Residence on Lot 1, Walden Wood, Part 2. 21 3379 Ord. amending-the Zoing Ord. by changing the use regul- ations of certain property located North of Rohret Rd. and West of Highway 218. 22 3380 Ord. amending Chapter 32.1 entitle "Taxation and Rev." 5/17/88 of the code of Ord. of the City of I.C. by amending Section 32.1-55 and Section 32.1-63 therein to increase fees for residential solid waste collection and landfill use, and also add an annual advance-payment option for monthly all-day parking permits. 23 3381 Ord. to amend the subdivision regulations to permit a 6/14/88 waiver of certain requirements and correct an error in Section 32-7, exceptions. 24 3382 Ord. amending the Ord. #88-3380 be repealing Section 2, to correct an error in the listing of the amount of the fee authorized be section 23-277 of the code of ord. relating to monthly all-day permits for parking in the Parking ramps A and B, and in the Municipal Pkg. Lot Adjacent to Ramp B. 25 3383 Ord. to amend the Zoning Ord. provisions applicable to 6/28/88 High-rise Multi-Family dwellings. 26 3384 Ord. amending Chapter 32.1 of the Ia. Code of Ord. of I.C. entitled "Taxation and Revenues" by adding a new article to be codified as Article V and to be entitled "Municipal Bond Financing" to provide a procedure for issuing duplicate bonds for lost or stolen bonds. 27 3385 Ord. amending Chapter 17 by repealing sections 17-1, 17-3, 17-4, 17-5 17-7 and 17-8 and enacting in lieu thereof new sections to be codified the same, providing for the elimination of the exemption of certain con- dominium and cooperative units from inspection, to author. reinspection fees and filing fees for housing appeals, to author. an additonal remedy for the correction of housing violations, to ensure that certain housing requirements are consistent with current bldg. and zoning codes, and to clarify certain other existing procedures. 28 3386 Ord. to amend the Off-Street Parking requirements in the 7/12/88 CB-2 Zone. 29 3387 Ord. amending Chapter 32.1 entitled "Taxation and Revenue" 7/26/88 of the Code of Ord. City of Iowa City, by amending Section 32.1-63 therein to increase the amount of the Fine provided for illegal parking for a Handicapped Zone as required by Sections 601E.6 and 805.8 of the Iowa Code, as amended. 30 3388 Ord. amending the Zoning Ord. by Changing the use regulat- 8/9/88 ions of Certain property located at 1421 Waterfront Dr. ORDINANCES BOOK NO. #8.8-3389 to. #88- 3399 .PAGE MRD. NO. TITLE DATE 31 3389 Ord. to amend the Provisions of the CC-2 Community 8/9/88 Commericial Zone to Allow Food Lockers as a Permitted Use. 32 3390 Ord. Vacating a Portion of Bloomington and Capitol Streets. 33 3391 Ord. vacating a portion of Waterfront Drive. 8/23/88 34 3392 Ord. amending Chapter 24 of the code of Ord. of the City of I.C. by repealing Article VI entitled "Nuisances", containing new definitions, standards, and procedures for the abatement of nuisances. 35 3393 Ord. to amend the Zoing Ord. Chapter 36-23, the 10/4/88 Commercial Intensive (CI-1) Zone. 36 3394 Ord. amending Chapter 5 of the Code of Ordinances 11/1/88 of the City of I.C. Ia. entitled "Alcoholic Bev- erages." 37 3395 Ord. amending the Sign regulation to permit one 11/15/88 Lg. Free-Standing Sign for Highway Commercial Properties located near Interstate 80. 38 3396 Ord. vacating a protion of Madison Street R-O-W. 39 3397 Ord. amending the Zoning Ord. by changing the Use 12/13/88 Regulations of a 16.95 Acre Parcel located South- east of Highway 1 N. Between Dubuque Rd. and Hickory Hill Park. 40 3398 Ord. vacating Loos Street, an unimproved R-O-W extending between Black Springs Circle and Rocky Shore Drive. 41 3399 Ord. amending Chapter 36 to Permit Uses Accessory to Manufacturing in Commercial Zones. ORDINANCE NO. 88-3359 AN ORDINANCE AMENDING CHAPTER 33, ENTITLED "UTILI- TIES" OF THE CODE OF ORDINANCES OF THE CITY OF IC11 CITY, IOWA, BY AMENDING SECTIONS 33-46 AND 33-166, AND BY REPEALING SECTION 33-167 THEREIN TO PROVIDE A UNIFORM PROCEDURE FOR BILLING AND COLLECTION OF SEWER AND WATER SERVICE ACCOUNTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION 1. That Chapter 33, "Utilities," of the Code of Ordinances of the City of Icwa City, Iowa, be, and the sane is hereby arended by repealing Section 33-46, and enacting in lieu thereof a nen section to be codified the sane to read as follows: Sec. 33-46 Billing Proced<res - delinquent ac- courts - collection procekres. (a) Billing Frequency - Delinquent Accounts. All users shall be billed either monthly or bi-monthly. Billings for any particular period shall be railed to users within thirty (30) days after the end of that period. Payments are due as of the date the billings are railed, which date shall be the billing date. If full payment of the amount billed is not received within fifteen (15) days after the billing date, the user's account shall be considered delinquent. As to locations at which city sewer and water service is being provided, the user's/consumer's account shall be billed and collected as a single combined account. In the event of a delinquency in payment as to either suer service or water service, subsequent payments shall be credited first to the delin- quent bill or bills, and then to the current billing. In the event that a user fails to pay the full amount of the user's bill for sewage treatment system service within thirty (30) days after the billing date, service may be discontinued, following due notice, or such charges may be certified by the city council and assessed against the property connected with the sewage disposal system and forwarded to the county auditor for collection in the same manner as a property tax. (b) Notice of Service Discontinuance - Hearing. The department of finance may discontinue sewer service to any user who has failed to pay for the serer service supplied, after giving the user notice and an opportunity for a hear- I Ordinance No. 88-3359 Page 2 ing before the director of finance or his/her designated representative. The notice shall be mailed by first class mail to the affected user not less than 24 days in advance of discontinu- ance, shall be posted at the service location or locations not less than five days in advance of discontinuance, shall state in writing the reason for discontinuance of service, shall identify the account or accounts and service location or locations for which payment is delinquent, shall state the amount or anoints of such delinquencies and service charges, shall identify the service location or loca- tions at which service will be discontinued, and shall state the date or dates on which such service will be discontinued. (c) Discontinuance of Seer Service - Location with Joint Sewer and Water Accounts. When a user's account for sewer sery ice at a location served by city water and sewer service is delinquent as provided in (a) above, sewer service may be discontinued by the city's cessation of water service at that location. Cessation of water service may, at the city's option, be accomplished by shutting off the service water valve at the stop box, if avail- able, or renaval of the user's meter. The City shall have unrestricted access to such valves and meters for the purposes specified herein, regardless whether those devices are located in city street right-of-way, city easement, or on the property of the user. (d) Discontinuance of Sewer Service - Locations with Sewer Service Only. When a user's account for sewer service at a location served by city sewer service, but not by city water service, is delinquent as pro- vided in (a) above, sewer service may, at the city's option, be discontinued either by disconnection of the user's sewer service line frau the city's sewer main, or by plugging said service line. The City shall have unrestricted access to all sewer service connections for the purposes specified herein, regardless whether those connections are located in city street right-of-way, city easement, or on the property of tie user. (e) Discontinuance of Sewer Service - Users with NLltiple Accounts at NLltiple Sites. Pbtwithstanding (c) and (d) above, when an individual user is billed under two or more accounts for sewer use at two or more separate seder service locations, a delinquency in payment for service provided at any one or more I Ordinance No. 88-3359 Page 3 of the said locations shall be cause for the city to discontinue service at all service locations serving that user, regardless whether the accounts for use at such other locations are delinquent. (f) Restoration of Service - Fees and Charges. Upon payrrent of all delinquent saner service fees, and water service fees where applicable, and service charges as hereafter provided, the city shall cause the user's saver service to be restored. A user whose setter service is to be restored by restoration of water service shall pay the carding fee for shut-off authorized by Section 33-169(c) and set forth at Section 32.1-73 of the Code of Ordinances. A user whose sever service is to be restored by reconnection of the user's saver service line, or removal of the plug therefrom, shall pay as a service charge the city's actual cost of disconnection or plugging, and the estimated cost of reconnection or unplugging of the service line or lines involved. The user will be credited or billed for the difference be- tween the estimated and actual cost of recon- nection or unplugging. It shall be prohibited for any person to restore or attempt to restore, without city authorization, sever service at a location where saver service has been discontinued by the city. (g) In addition to the above, the city shall have a lien upon the property of any user or property owner who has failed to pay for saver service supplied. After notice and public hearing, the city shall adapt by resolution and the city clerk shall certify the amount of the lien and file the sane with the county auditor. Such lien shall attach to the property which was served upon certification by the city council. Liens perfected in this nenner shall be as- sessed against the property to the extent of the balance We to the city for sate service supplied and losses incurred in perfecting such lien. Such lien shall be enforced until pay- ment of the claim. When the lien is satisfied by payment of the claim, the city shall ac- knowledge satisfaction thereof and file a release with the county auditor. Provided further, however, that any rental property owner or manager shall furnish to the city in writing the name and forwarding address and telephone number (if known) of forme tenants who have vacated the premises where save bills I Ordinance No. BB-3359 Page 4 are past due and unpaid. Providing this infor- mation shall cause the city to forbear filing the lien provided for in this section. (h) The director of finance is authorized to charge a fee for delinquent sewer service accounts. The amount of such fee shall be as set forth in the Schedule of Fees, Section 32.1-73. Seder service to a property which has been discontin- ued pursuant to this section may be resumed provided that the customer or property owner pays the delinquent amount plus all additional fees and charges. Seder service to rental properties shall be resumed notwithstanding failure of the persons formerly living there or occupying the premises to have paid all seder bills provided that all such persons have vacated the premises as verified in writing by the rental property aamer or manager. (i) Regulations Regarding Billing and Maintenance of Saler Service Account Records. The director of finance is authorized to adopt and promulgate rules and regulations not inconsistent with this Chapter regarding bill- ing procedires for seder service accounts, regarding the maintenance of records on such accounts, and regarding collection procedures for such accounts. SECTION 2. That Chapter 33, "Utilities," of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-166, and enacting in lieu thereof a nerd section to be codified the same to read as follods: Sec. 33-166 Billing Procedures - delinquent acoints - collection proceires. (a) Classification of Service - Billing Frequency - Delinquent Accounts. Water service shall be classified by con- sumer type: Residential, camercial/retail, industrial, governmental/institutional, other (consumers outside corporate limits). The director of finance shall determine the classi- fication of each consumer based on such crite- ria as rate of consumption, water use, size of meter, etc. Meters on residential service shall be read bimonthly (once every two (2) months). Charges and billings for services shall be billed bHmnthly (once every two (2) months) based upon actual readings. The fre- quency of meter readings and billings for other consumers shall be determined by the director of finance. Billings far any particular period shall be mailed to consumers within thirty (30) days after the end of that period. Payments are due 1 Ordinance No. 88-3359 Page 5 as of the date the billings are nailed, which date shall be the billing date. If full pay- ment of the amount billed is not received within 15 days after the billing date, the consumer's account shall be considered delin- quent. As to locations at which city sever and water service is being provided, the user's/consumer's account shall be billed and collected as a single combined account. In the event of a delinquency in paymment as to either sager service or water service, subsequent payments shall be credited first to the delin- quent bill or bills, and then to the current billing. In the event that a consumer fails to pay the full amount of the consumer's bill for water service within thirty (30) days after the billing date, service may be discontinued, following due notice, or such charges nay be certified by the city council and assessed against the property connected with the water system and forwarded to the county auditor for collection in the sane manner as a property tax. (b) Notice of Service Discontinuance - Hearing. The department of finance nay discontinue water service to any consumer who has failed to pay for the water supplied, after giving the consumer notice and an opportunity far a hear- ing before the director of finance or his/her designated representative. The notice shall be nailed by first class nail to the affected consumer not less than 24 days in advance of discontinuance, shall be posted at the service location or locations not less than five days in advance of discontinuance, shall state in writing the reason for discontinuance of serv- ice, shall identify the account or accounts and service location or locations for which payment is delinquent, and shall state the amount or amounts of such delinquencies and service charges, shall identify the service location or locations at which service will be discontin- ued, and shall state the date or dates on which such service will be discontinued. (c) Discontinuance of Water Service. When a consumer's account for water service at a particular location is delinquent as provided in (a) above, water service at that location may be discontinued by shutting off the service water valve at the stop box, if Ordinance No. 88-3359 Page 6 available, or reroval of the consurer's peter. The City shall have unrestricted access to such valves and meters for the purposes specified herein, regardless whether those devices are located in city street right-of-way, city easement, or on the prcperty of the consorter. (d) Discontinuance of Water Service - Censurers with Multiple Accents at Multiple Sites. Notwithstanding (c) above, when an individ- ual consume- is billed under two or more ac- counts for water consurption at two or more separate water service locations, a delinquency in payment for service provided at any one or more of the said location shall be cause for the city to discontinue service at all service location serving that consuner, regardless whether the accounts for consurption at such other locations are delinquent. (e) Restoration of Service - Fees and Charges. Upon payment of all delinquent water service fees, and sewer service fees where applicable, and service charges as hereafter provided, the city shall cause the consurer's water service to be restored. A consumer whose water service is to be restored shall pay the carding fee for shut-off authorized by Section 33-169(c) and set forth at Section 32.1-73 of the Cade of Ordinances. It shall be prohibited for any person to restore or atterpt to restore, without city authorization, water service at a location where water service has been discontinued by the city. (f) In addition to the above, the city shall have a lien upon the property of any user or property owner who has failed to pay for water supplied. After notice and public hearing, the city shall adopt by resolution and the city clerk shall certify the amount of the lien and file the same with the county auditor. Such lien shall attach to the property which was served upon certification by the city council. Liens perfected in this manner shall be assessed against the property to the extent of the balance due to the city for water supplied and losses incurred in perfecting such lien. Such lien shall be enforced until payment of the claim. When the lien is satisfied by payment of the claimy the city shall acknadledge satis- faction thereof and file a release with the county auditorin the county where the property is situated. Provided further, hadever, that any rental property Diner or manager shall furnish to the city in writing the name and 1 Ordinance No. 88-3359 Page 7 forwarding address and telephone number (if knam) of former tenants who have vacated the premises where water bills are past due and unpaid. Providing this information shall cause the city to fcrbear filing the lien provided for in this section. (g) The director of finance is authorized to charge a fee for delinquent water service accounts. The amount of such fee shall be as set forth in the SchedJle of Fees, Section 32.1-73. Water service to a property which has been discontin- ued pursuant to this section may be resumed provided that the customer a- property owner pays the delinquent amount plus all additional fees and charges. Water service to rental properties shall be resumed notwithstanding failure of the perms formerly living there or occupying the premises to have paid all water bills provided that all such persons have vacated the premises as verified in writing by the rental property avner or manager. (h) Regulations Regarding Billing and Maintenance of Water Service Account Records. The director of finance is authorized to adopt and prcnulgate rules and regulations not inconsistent with this Chapter regarding bill- ing procedures for water service accounts, regarding the maintenance of records on such accounts, and regarding collection procedures for such accounts. SECTION 3. That Chapter 33, "Utilities," of the Code of Ordinances of the City of Iava City, Iava, be, and the same is hereby amended by repealing Section 33-167. 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 frau 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 and parts of ordinances in conflict with the provisiors of this Ordinance are hereby repealed. These are: (1) Ord. No. 76-2802, SII, 6/22/76; (2) Ord. No. 81-3021, Art. V, 881 and 2 (part), 5/5/81; (3) Ord. No. 87-3341, Section 5, 9/8/87. I Ordinance No. 88-3359 Page 8 SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect frau and after its final passage and publication as by law provichd. Passed and approved this 12th day of Janua , 1988 L / i& � � MAY . ATTEST: ��_EPoC I k ,o. eci ;.i15,":rn.t1 - ' • , 7 /X/87 It was moved by Dickson , and seconded by Ambrisco that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X ZAWRLARSON X COURTNEY X DICKSON X MCDONALD X _ STRAIT X _ _ tUBER HOROWITZ First consideration 12/1/87 Vote for passage: Ayes: Strait, Zuber, Dickson, McDonald. Nays: None. Absent: Ambrisco, Baker, Courtney. Second consideration 12/23/87 Vote for passage : Ayes: Baker, Courtney, Dickson, McDonald, Strait, Zuber, Ambrisco. Nays: None. Absent: None. • Date published 1/20/88 • 1 CITY OF IOWA CITY CIVIC CEN[ER 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. 88-3339 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 12th day of January , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 20th day of January , 19 88 . Dated at Iowa City, Iowa , this 11th day of February ,1985 amo a Parrott, Deputy City Clerk Yr- 3357 • - - OFFICIAL PUBLICATION ' Ol0INeil'<NI,,$8-3359 - N4 OIOnma•A'€WDG OWIER 33, ENTIRE) 1RILI- T1Fs'IF DE on OF ONIINN¢s CF DE CITY OF ma (f) Rattaatim of Service-Fen Sc Chimps- , - .' - CITY, IOTA, Bf NEvf)DG gCTIcNS 33-46 Nn 13466, Oen oared d all delftse -vice see . - NC BY IEPytIIG•�.TIeI 33.167 THEIR ID ROME A fees, Sc water service tees where applicable, eDFON PRfl RR BUDG #O mLECflet OF ab service chars as hereafter provided. the SEER AE)WOO SERVILE ACCOUlfs. city shall cone the use's seer service to be restored. A user Wase sea service Is to be .. BE R nom BY 1!E Cm Duck or 11E.cm or restored by Yests'etirl d doter service shall IMellY, RSA,MAT: PW itt coding fee for shut-off authorized b . - - seethe 33-169(c) and set forth at SecSection, - • SFtTICN L That Chapter 33, *Utilities," of the 31.1-73 of the fade of Ordinances. Ta"E`-f'endtnerces of the City d los City, [wee, A USW Woe sower service is to be restored try r . be, Sc the we is *retry melted by ling iareectim of the use-'s sue service . Section 33.46, and.enacting in 11w Upreo/a era line, r roipval of tin plug therefrom, shell state to h codified the see to red as folios: PSI'as a service dirge tie city's ectal cost ofitarection eo `0 rpthe p°�Bing» -tl°lte�t acremnec , or Uem -wleRim s � - - (a) Billing Frepiepr-%Urgent Accounts. service lire r lines involved. The leer will All user shell be billed either osethly or be credited r billed fir the difference be- • bi•emthly. Billings far any particular prtd been the estimated at actual at of ream . , shall be nailed to users within thirty (33) neaten r uhplogptng. Os after tie ed of that pried. Pallets It tall be prohibited far any.tree to re the as d the date the billings re coiled, restart r attest to restore, without city I 8�OQ Witchdate ddM ell be to billing date. If full athatie, see se-vice at a location Printer's,fee / parent of the meat billed is not recehed Were seer service has been discontinued aY within fifteen (15) aka tie billingduchy. CERTIFICATE OF PUBLICATION delle t-the 9account11 be me'draf (g) in wen the the°ley any use shall opee a property of any veer a property r As to lratioI at Witch city see- ab pm We his failed a prey for sever srWce STATE OF IOWA, Johnson County, ss: *ter write is being provided, to stalled. Atte notice at public hearing, the user's/tdalm'r's account shall be billed ad city shall eft by resolution and the city THE IOWA CITY PRESS-CITIZEN cellecfm as a single seemed ear. In the clerk shell Certify tie anoint of tie lien and • ' .- event of a dallnpueoy' in parent as to either file the sere with the minty emitter, Such sic se-vice o- water service, subsequent lien shell attach_to the prrprty With was payments shell h credited first to the Jelin- seen teen certification by the city mail. pent bill or bills, cep te,, to to want Lien perfected in this warner shall be as- I • - billing sessed athirst.to property to the extent of In the event tisk a user falls to pa' the • the telree do to to city fr seer service Carol Barr, beingdulysworn, that I eon mot of ne ad's bill ler huge supplied am losses a,wrred in perfecting s say within thirty (33) lie, such lien son be edrwd until pay- am the legal clerk of the IOWA CITY days aka to billing date, service ,ay be hent of the claim. lien the lie,is satisfied PRESS-CITIZEN, a newsa aur da50a't"e"°' following dere notice, r cod, by Pellet Of the claim, the city shall ac- 0 P chirps. r be certified by the city cwrtil eroak* satisfaction thereof and file a published in said county, and that a at assessedap0et the ewe- • eo nested release with the wpb agitator- Provide] notice, a tinted CO with theseem disposalwSten and few c*J % nor', however that eny rental prwrty p py of which is hereto to to aunty auditor fa collection in the ham r mew'shall furnish to the city in sae attached, was published in said paper (s) Notice °sov+uB°�m ve rze-Ding. tl a (Iing the rare f know,)"o'f; -address tenets aid time(s), 'On the following The d ts- heht Of fine nay dscontlww who hat rated the premises dere serer bills date(s): see service hey use da has failed to pay re Pest.die ald and urpProviding this 1dr- . for the see se-vice supplied, after giving melon shall cause the city to forbear filing / , (/ - to tar entice aha an cpprte se fa-a her let lion rectr of fifer 1n this hatted ' fn) i e did dance is bMrted to fiT hafore th dhmiq•d finrce r his/lea a fa¢ W dal1 dmiyatd representative. The notice shall be id,fe Sh l l Service aswh+in • slid by first class mail to the affected we The Sd,ediwent a stn fou soil be as set forth in not less that 24 days in ederce of discatiw- to service ork of eat, *Mtn been dI See are, shall he posted at the service location eel e^sce to a to this sec has bash be dete- //�//� r locations ret less thin five days in advate 2-e ded thata, let this tale raypr Teems- 6 a�,�� o discentinwace, shall state in uniting the provided the cpstma r prptrry order (r reason for disantinwra of service, shall pays the delirqueht mount plus all a]t+tral • ideLegal Clerk ter'ati or lorationsrfdrr eidh at service ist dalinpmrt, *ell state to want r roots I Subscribed and sworn to before me shallidentify ' vice location charges, lea- • tela at wraith Fe-ytce will be diswntined, �/ • e d shell state the deb,r detes m vhich such this (�taay of A.D. saviors will be discenti uei. (c) Discotinuanee of Sae Service-Location with Joint sea rd Water Accounts. yn Wei a use's accent far sera se-vice at a •19 N E • is del beet serve b city laterin ad toe , vice h dice m e provided h (a) above, sty's service ray se dr s erta by to atio's cessation of bola service at that location. _ fassatan of rata savior nay, at the city's ' ' Notary Public 4L ion be 'vapl+von by glutting off the . - service vete-valve at the stop the, if avail- me `' SHARON STUBBS able,r removal of the(se's ate-. lhe City a shalhave uresalttd agues to such valves - . • ad hrete-s for the presses sexiry,m herein, .slue Waite-those devices are located in _.. ._. _...; - citystreet rink-ofray,city easeneht,r on - to Propety Of to use-- ' (d) Disccetipance d ear rSviee - Locations , with See Se-via Oily, buten f was accent'for far etservice at a by city sen'service,but not by city voter service, is dalingent as po- vWAat in (a) above, see service nay, at the city's goon, be discontinued either by dscorection of the use's :Ala service line • fen the city's sewn nein,or by plugging said service lire. The City shall have mwstutctd - - Wens toall sive'service reflectionforthe , • - _ ag puses sifis teen, regardless seethe' _ - ▪ dose omections re located ;n city street • -- I of right-of-way,sty assert,or m tie p-c -ley the user. (e) eirontirance of Sea Service - Users with Multiple Accounts at Multiple Sites. 1btMtletading (c) rd (d) above, Wim m Individual bar is billed oda be or erre ' - atcoots for seer use at be r are separate sec service locations, a delinquency in ▪ Rarest fr smite podded at•ry ore or more • of the said locatien shall be cause fr the city to dtscentlne se-vice at all se-vice to eties serving tat bar,regardless Wetter tie accounts for use at such otter locations , . -._are ofilinprmt. . c.71.2- gr-..3317 fogr-3317 ) - "fees i dirge.- "Sae service-to rental - properties stall be rearm mWttMtading .-(e) Bataatfui of Service=Fesenl ttirps: - failure of the persons falsely living lite a' ' Lton went of all telecast rata sawice bills pseeing the enises to tee paid all ; esee fees, at seservice fees where se emble, providai that all such perso- have and se-vice Mages as Smalls provieed, tie vacated the penises as serlfied in writing by city shall cause the canter's vets service the rental DrwS-ty ore or nemger. 1 to to restarts A cower Soso water service (I) Reulatias Regarding Billing and Maintenance ' is to to retired stallpay the cavils fee for of Seer Service Aasaait Records. shutoff authorized ty Section 33-i (c) eta Pe director of finance is authorized to set forth et Section 32.1.73 of the Coe of , adapt and prtmlgate nudes and regulations not Otllrarces. inconsistent with this aster regarding bill- It shall to prchibited fm any pesai to ' fig procedures for seer service =aunts, restart or attest to Testae, withat city regarding the nainte ance of recent m such aithafzMim, water service at a location ' accents, ad regarding collection prrederes ware water service has been discontinued ty for such accounts. the city. SECWIEN 2. Pet Chapter 33, "Utilities: of the (f) In mhitlan to tie abase,the city shall Me a UM of Ordiarces of the City of Zoe City, lora, leer ups tie prrgaeety of any user a property . Ca be, and the sem Is tereW mended ty needing oar So has failed to pay fm water so:plied. 'Section 33.166, ad enacting to lieu them?a rev After notice and Relic hearing,t e city shall section to be codified the sane to read as follows: adept by resolution aid the city clerk stall Ser- 33466 Billie] Precedres - engirt certifythe nut of the lien and file the ,nests-collection Resile. sine with the aunty aditm. Sudo lien stall (a) Classification of Service-Billing Frelescy- attach to tie pnpaty Midi vas swam wet • telhque,t Accounts. catificatim ty tie city well. Lias eater service shall be classified ty can- perfected in this homer stall to assessed ' Suter type: Residential, osmerctal/retail, against the property to the ede,t of tie industrial, glvernental/instittiaal, She. balance due to the city for water stetted aid (mmurers mtsice caprate limits), ihe losses Marred in pe-fecting'swh lien. Seth i Outer of finance shall determine the elassi- lien shall by enforced wail parent of the , elation M ead,censurer based en such rite- claim. Yon the lies is satisfied by parent ria as rate M celestial,tater use, size of • I of tie claim,tip city shall ad:nwlai¢satis- aeter, etc. Meters on residential service , faction therm/ and file'a release with the ' Stall to read biaonthly (nice eery bo (2) county aditain the aunty Were tie Reinert/ . eve rods). Degas at billings fa- se-vices is situated. Prv✓ied further, homer, that shall to bills.blest/11y (ace every ho(2) I any rental prgiaty war r meager shall moths) based spa,actual readings. ate fee- I furnish to the city In writing tie none ad ' gecy d'rete reading;ad billings for crier {awa'dl abyss ad. tel maulers shall be determined ty the director ^9 ephare 'nutter (if known) of financeknown) of foe tenants is have vacated the Billings for any particular Meal stall ba premises Sere wafer M115 ere past dee aha ( celled to caterers within thirty (30) days unpaid. Rovftlig this infant ng tie l shall rause I after the end of that period, Parents ere.ere the city to forbear filing.ate lien provided for in this section. as of the date the billings are ceded, Sieh date shall to the billing date. If full pay- i n (g) Tedilate M finance 15 authorized to tiers. . lent of the asst billed is not received i a fee fa Permed water service scants. within IS days after the billinglin mount of such fee shall be as set forth in date, the the Scheele of Fees, Seats 32.1-73. Water consumes account shall be arse:rel de11M I service to a property.Sidi has been diesttn- As to locations'. at Sich cab sa+a' dent • ued pursuant to.this seetien ay be reseed ore- wear service is being provided, the Presided that the customer a all ady aro- user's/mnwns's account stall be billed aid fees a therg s. aroma plus all to r n al collected as a single.centered account. In the ( pig ane Berges. Watertd nobv hs rental • tent of a dalirquei y in payment as to either properties of shall ba rrsmm living ere see- se-vice or ester service, sutaapant , failure M the poses to love living there Crr • r pagans shall to credited first to the daltn- b11�ipr tie premiss to have paid'all ate quint bill a- bills, and than to tie current ( vacated the ped test all such inset hate billing. the rental p eety ees�verified inritirg by In the tent that a comma- fails to per , (h) f@gulatims Regarding Billing gad Maintenance the full anent of tie censurers bill fa r of Yater Se-vice Account Rands. water service within thirty (30)days after the The director of finance is Sheeted to billing date, service nay be discontinued, • aept and promlgate rules and regulations rot following die notice, or suchBarges nay be ircasisteit with this CMptr regarding bill- certified ty the city council ad assessed i Ing prteiures fr nate- service eawnts, ' against tine pgerty exacted with the water regarding the neintrance of records m such system aid fowatad to tie aunty auditor fa accounts, aid regarding collection pocedires collection in the sane war as a Prwe-ty far such accounts. tax. SEMI! 3. That Chapter 33, 'Utilities, of the (b) titTf a of Service Discontinuance i ce-flaming. t tab ofOrdinaces of the Cityof Iona Cf Iwe, '� discontinue te, ad the sane is ty, tater service to any censure We has fails to Section 33.167. lenity svndeU ty uspaaling . pay far the water supplied, giving SEMEN 4. SEVERABILITY GAUZE. If any of the whine- retie and an pravi51m5 of this (Sense are for Ing before the directs' of finance or hfs/he declared inept or old,tier dr. provisionsreason any • designated rwresentative. lie rice shall be , a this Ordinance, With are mete for se . , coiled by first class nail to the affected wlerful provisions, sell rte aSI ramie in full maunr rot less than 24 days in adzes of d face ad effect, tip sale as if the Ordinance discmtlr ace, stall he postal at tie service ' =gained It illegal or told a-sisters. s. location r locations.nit less than fine days 55C11Oi 5. REPEALER. All ordlnacel and in advance of discontinuance, shell state in ordinances in afflict with the provision o tis writing the reason for discontinuance of sere- Ordinance ere hasty moiled. Tela erg (1) pry. , 1Ice,lst llrace,stall itticryr tlie ate:ea to accounts ed I No. 76-x, all, 6/27176; (2) Ord. No. 81-3021, , hith Parent kt. V, 551 aid 2 (pat), 5/5/81; 0) Orth. No. is delilgnet, ad stall state tie mount a87-3341,Section 5,9/8 mounts of vin delinquencies ad service ' 87, . shall identify the service locations ' i SEC ION 6. EFFECTIVE 0A1E. This Ordineee shall be , locations at Mem se-vice will to dismnttn- n full fate end effect from and afterIts final red,ad shall state the date a dabs m whits passe add publication.as by lr povlikke ' such servicewill be dismtireed. Rased and yproved this 12th day of (c) Ot a paten MNloaService. JauerY. 1gBe.. Yen a censurer account fa.eta service (/11 / y� pt, a d in (a)a locaabove, s is -vice as Me location a te shave, iota service at that shu ing the tionse- ray tllvalta ed a ten be off _�•,,.��s.� tie sere, errwaterrepel valve at the ate area if ATTEST: �7 :_cIn'o.thdd available, a rmnrel of the consumes nater, , The City shall have t restricted access to auce - • valves and 'eters fa' the purposes specified I herein, regardless whether those devices are located fi city street right-of-way, city it y .ul /yp-;.L. . assent,or a,the property of tie mneme'. _/ .. • ,:e Mel Mt AZ (d) Dsamtineace of leiter,Service - Cmsenes I ....� ' ...._'sy/7/87 with Itltiple Accents at ultiple Sites. -- haLdthstandi g (c) atom, Set an indeed- 21373 January 20,1986 • cal caste- is billed wade baa rot et- , counts fr water msupttm at Sc a- etre - . separate water se-vice locations,a Pli sedgy in parent for service prodded at any ore a net of the'.said location shall be cause for the city to discontinue se-vice at all service location se-vine that mover, regardless Might the assent fir commotion at sudi other locations are dalirgumt. ORDINANCE N0. 88-3360 AN ORDINANCE PMENDING THE ZONING ORDINANCE BY CHANG- ING THE USE REGULATIONS OF PROPERTIES LOCATED EAST OF BOYRLM STREET AND NORTH OF OLYMPIC CIRCLE. WHEREAS, in accordance with the Zoning Ordi- nance, Southgate Development Company, owner of the subject parcels, has made application to rezone the properties frau I-1, General Industrial , to CI-1, Intensive Commercial; and WHEREAS, the short-range development plan of the Iowa City Comprehensive Plan recommends that these properties develop for intensive commercial use; and WHEREAS, the CI-1 zoning classification is consistent with the Comprehensive Plan designation for this area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. ZONING AMENDMENT. That the proper- ties described below are hereby reclassified frau their present classification of I-1 to CI-1. PARCEL A In Township 79 North, Range 6 West of the 5th P.M., Section 15, S.W. 1/4 of the S.E. 1/4 thereof, a tract of land described as follows: Beginning at the point on the west line of Lloyd's Subdivision which lies SO°17'00'E, 203.00 feet from the N.W. corner of Lot 2 of Lloyd's Subdivision in Iowa City, Iowa, according to the plat recorded in Plat Book 7, page 25, Plat Records of Johnson County, Iowa; thence SO°17'00"E, 363.30 feet; thence 587°29'40"W, 166.00 feet; thence NO°18'13" W, 369.75 feet; thence N89°43100" E, 166.00 feet to the point of beginning. Said tract contains 1.40 acres more or less. PARCEL B The south 190 feet of land described as follows: The S.E. quarter of Section 15, Township 79 North, Range 6 West of the 5th P.M. in Iowa City, Johnson County, Iowa: Commencing at a point marked by an iron pin, which point is on the South line of said Section 15 and bears S87°39'W, 240.0 feet from the Southeast corner of the Southwest 1/4 of the Southeast 1/4 of said Section 15; thence S87°39'W for a distance of 103.1 feet; thence NO°17'W for a distance of 566.3 feet; thence S69°48'E for a distance of 110.0 feet along the Southerly line of High- - Ordinance No. 88-3360 Page 2 way No. 6; thence SO017'E for a dis- tance of 524.0 feet to the point of beginning. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iotas City, to conform to this anendnent upon the final passage, approval and publication of this Ordinance as provided by law. SECTION III. CERTIFICATION APD 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, upon final passage and publi- cation as provided 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 section, provi- sion or part of this 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 26th day of Ja uary, 1988. 'os...cQ • M A YOR /� ATTEST: 7704,e;,,...) et CITY CLERK !Sy Tye.,. 1:71; 14— n 4 Ordinance No. 88-3360 Page 3 It was moved by Courtney and seconded by Horowitz that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney Dickson Horowitz Larson X McDonald __IL- Strait First Consideration Vote for passage: Second Consideration 1/12/88 Vote for passage: Ayes: Dickson, Horowitz, Larson, McDonald Strait, Ambrisco, Courtney. Nays: None. Absent: None. Date published 2/3/88 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, Dickson, Horowitz, Larson, McDonald, Strait, Ambrisco. Nays: None. Absent: None. 2 CITY OF IOWA CITY CIVIC CEN[ER 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. 88-3360 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 26th day of January , 1988 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 3rd day of February , 19 88 Dated at Iowa City, Iowa, this 2nd day of March ,19 88 • (-122AA-OW" Ram•na Parrott, Deputy City Clerk OFFICIAL PUBLICATION. - • - ORIINVLE NId4-3360 - ' • AN IPBINATCE MIMI%TIE MEC Oarity*CF BY oi4Cr - • . . - i TIE lff REGULATIONS IT Mincingurltlm FIST OF BCY7ui Spoil Ne Mill OF OLITPIC CIRCLE. - W5ERF4S, in accordance with the Zoning &di- - - • . name, Southgate 0tveloprmt Coen,peer of the - - subjxt parcels,has made application to rezone the . - properties from I-1, Cereal lydhatrial, to CI-1, . - Intensive Creme-nal;and ' • • .. . MOSS,the short-range develoonent plan of the ` _ _ _ . lad City Cmprehenstve Plan recomr+ds that these . sties develop for intensive tonin-tial nee;ab ' NEfWAS, the CI-1 zmirg classification is - - consistent with to Corprd.ensive Plan designation . • for this area. - MOW, OEREFORE, EE IT CP1141tE0 BY Pt CITY C C017LIt OF THE CITY OF 1111A CITY, IOWA: - ' -. 4=7/:::3 SECTIOI I. ZONING NF7UfNI. That the proper- ' Printers fee S>__ '- ties deserted bales are hereby reclassified frmn their praent classification of I-1 to CI-1. PAICEL A CERTIFICATE OF PUBLICATION In Ta^ship 79 Norm, Nage 6lest of fire Stn P.M.,Section 15, S.W. 1/4 of the S.E. STATE OF IOWA, Johnson County, ss: 1/4 thereof, a tract of land described as follos: • THE IOWA CITY PRESS-CITIZEN Beginning at tie woo on the we t line of Lloyd's Sub n uties 50°17'00E, 203.03.feet from the N.4. . • - - caner of Lot 2 of Lloyd's SuWdiv'slm in • _ lova City, tae, accordirg to the plat - .recorded in Plat Book 7, path 25, Plat I, Records of ,k}vnwn County, Ova; thence 50°17'00"E, 363.33 feet; thence Carol Barr, being duly sworn, say that I se7°29'4o'64, 166.00 feet;- thence am the legal clerk of the IOWA CITY tlo01613° W, 369. 5 feet; thence - t439°43'00"E, 166.00 feet to the point of PRESS-CITIZEN, a newspaper , beginning. Said tract Contains 1.40 published in said county, and that a are more or less. notice, a printed copy of which is heretopp p t 190 fit maiard described as attached, was published in said paper follows: - - / time(s), on the following The S.E. quarter of section 16Toe ship 79 North, large 6 West of Vitali P.H. in date(s) lona City,ddmson Canty, oro: ,O is r��Z ,� f Coof said g at a p15 ta lay 7° iron ,L - • pin, Mich point 1s m tl b-ak, lire • of said 53Cim 15 and hgarC j�°39'1., 240,0 fat fro the Southeast of - the Southwest 1/4 of the st 1/4 sa e of l/'Wd a is;nce 55E6.3 f for '�4 : a distance of 103.1 Tett; thence t for a distance of distaste o fat; thence S69°the fm aallien of 110.0- fat alcrg the 5'umerlY lYr.of High- Legal Clerk way lb. 6; thenen 52°17'E fpf a dis- tance of 524.0 feet to tta.point of l Subscribed and sworn to before met SECTION II.eMUGNAP. The Bnidig Inspector • ' is herby as/chanted ad directed to charge the zoning map of the Cita of hoe City, to Conform to �y�� this treatment rpm thiel final passage, al and this4�SlO to day of cJ-e--JD` —_, A.D. publication of this Orainncce as prom Jaw. ' SECTIric ill. CERTIFICATION No The �`� city utero is hereby Ordinance zed a2 to - 19 rl_t certify a cthirty, ofto this Orfnal sge ad p i- ()�f/] recorded at the Office of the Catty'Reorder of ,., . .f Jation prwi Ica,upon final passage est pabli- f ,� cation as prwidat by la?. SECTION IV, REPEALER All ordinances ad parts NDoer Public - - • of ordinances in conflict with the pwisims of y - this Ordinance are Mrary repealed. SECTION V. SEVERABILITY, If If any section,prod- , SHARON STUBBS sip,o-put of this Ordinate shall to atgudgat to M l ne and m unconstitutional,idity SMT adjudication Aca shall not affect the validity of the Ordinance as a - - _ . Mole or any section,provision or part thereof not _ - adjudge] invalid a-unconstitutional. • 5<LTIU1 VI. EFFECTIVE DATE. This Ordinance shall . be in effect after its final passage, approval and • publication as required by law. • • . Passel aid meed this 26th day of • • 7 wiry, 1988. • YOR - . ATIEST:Jl�y a,IY y✓��w J C - CLEF - 1 - - 21773 February 3,1988 ORDINANCE NO. 88-3361 AN ORDINANCE AMENDING TIf ZONING ORDINANCE BY CHiANG- ING THE WE REGULATIONS CF PROPERTIES LOCATED IN THE 600 BLOCK CF KIRKWOOD AVENUE. WHEREAS, the site of the Old Kirkwood School- house was recently sold by the Iowa City Community School District to a Nr. Keith Achepohl; and WHEREAS, in accordance with the Zoning Ordi- nance, Nr. Achepohl has made application to rezone the property frau P to RS-8, Medium Density Sin- gle-Family Residential Zone; and WHEREAS, staff has suggested and the property owners agree that the adjacent properties to the west, at 612 and 620 Kirkwood Avenue, should also be rezoned from RS-5 to RS-8 to maintain a uniformity of the zoning for properties north of Kirkwood Avenue and west of Dodge Street; and WHEREAS, the Comprehensive Plan designates the area north of Kirkwood Avenue and west of Dodge Street for Medium Density Residential Development (8-16 du/a); and WHEREAS, RS-8 zoning is consistent with the Comprehensive Plan designation for this area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. ZONING AMENDMENT. That the proper- ties described below are hereby reclassified to RS-8 from their present classifications of P and RS-5. Lots 6, 7, and 8, Block 3, Borland Place. SECTION II. ZONING MAP. The Building Inspec- tor is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to con- form to this amendment upon the final passage, approval and publication of this Ordinance as pro- vided 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, upon final passage and publi- cation as provided 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 section, provision or part of this Ordinance shall be ad- judged 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 . 3 Ordinance No. 88-3361 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 26th day of January, 1988. YCR '/ ATTEST: ,�o„j �/ „e d cm chic deceived & l+p;_Ycvau By za1 De ' drawl 3 Ordinance No. 88-3361 Page 3 It was moved by Dickson and seconded by Strait that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney Dickson Horowitz _a__ Larson _a— McDonald _a_ Strait First Consideration Vote for passage: Second Consideration 1/12/88 Vote for pass ge: Ayes: Larson, McDonald, Strait, Ambrisco, Courtney, Dickson , Horowitz. Nays: None. Absent: None. Date published 2/3/88 Moved by Courtney,, seconded by Dickson, 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, Larson, McDonald, Strait, Ambrisco, Courtney, Dickson. Nays: None. Absent: None. 3 CITY OF IOWA CITY CIVIC CENIER 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. 88-3361 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 26th day of January , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 3rd day of February , 19 88 • Dated at Iowa City, Iowa, this 2nd day of March ,19 88 aX-'C- Ra na Parrott, Deputy City Clerk . . . . . - .. OFFICIAL PUBLICATION aOIN ICE W. s8-33 t - - ' M OORIWE*EMI%1W 284IiG°WIW CE BY CIWG' PN6 PE ISE FEOJA110'S d 1ROFERI1ES RATED IN 11E .. `� WO BLOCK CFKIRBIOD AVENUE. Printer's tee s�-� / NOEAS, the site of the Old Kirk+lai ScP - - house was recently sold by tie row City Cmmmity Wren] District to a M'.Keith khy-IDht;ad CERTIFICATE OF PUBLICATION IdiEEAS, to accordance with the Waco Cedi- , - STATE OF IOWA, Johnson County, ss: rw¢e, Yr. Achepohl has ma application to rezone the'property Cron P to PS-8, Median Density Sin- THE IOWA CITY PRESS-CITIZEN • gle-Fainly lesidSmial ZLte an WHEREAS, staff hu suggested ad the property , - oner's elree that the adjacent pa:enis to the • - west, at 612 and bat K;rkwod Averse, should also to - • remel iron RS-5 to fedi to maintain a umfonnity of the zoning fm propanes meth of Kirkrad . I - Avenue ad lest of Cadge Street;and I*EFFAS, the Cagrehmsive Pial designates the Carol Barr, being duly sworn, say that I area rorth of Kirkwad Acme ed 'est cf fledge •_ Street fa Medium Density lksided;al Develoreit - am the Legal clerk of the IOWA CITY (8-16a/a);and PRESS-CITIZEN, a newspaperI4EIEAS, IIS-8 swing is consistent anth the published in said county, and that a Lana'Nnnsive Plan designation for this area. row, HEREFORE, BE 11 OO4INED BY TIE CITY - notice, arinted cO of which is hereto COECIL CF TIE Cllr CFA ID CRY, taw: P PY • SECTION I. ZONItG MODE& mat de tcper- attached, was published in said paper ties described beIw are herby reclassified to Ria / time(s), on thefollowing• freetheir pesent classifications of P and RS-5. c Lots 6,7,and 8, Bleck 3, 8orletE Place. dates): ' SECTION II. ZONING P. The BrIlding Inspec- /. for is hereby authorized ad directed to champ the zoning cap of the City of tow City, lab, to con- - - fpm to this redrnR aeon the final pissage, /. - /, / i I _ - approval ad publication of this Grdilarce as W O- • vidd by law. / - SECTION III. CERTIFICATION AN1 FQNOIING. The City Clerk is hereby CERTIFICATION and directed to 4:11,e-7;dajdA_____' certify a ropy of this adinance rkri la11 to Jawad at Che w, of the fawty �tadJpdu of .Jettison Canty, law,Office'o Peal County passage. er i- Legal Clerk at,iIbWE - • SFTN IV.EWAR: All eninances ad parts of ordinances in cmflisf with the provisions of 1 this Ordinance are hereby repealed! Subscribed and sworn to before me sECTIW V. sE aA8a1 Y: If any section, _ prwtsiei e- pat of this Ordinance shalt he d- _ jd3el to be invalid a aceistitutipai, such _ .�/� a uUcat;m hall in affect h validity of he tlllS clay of Al).. Ordinance as a Whole or any section, pWeisti ar part thereof not adjudged invalid p unconstitu- tional. SECT 19 /� public on EFFECTIVE DATE:ow. This Odd mel iNN /\^ II x./�,--. '(1'/' mall to in effect after- its final passage, approval bie ad publication atfdn as vedithis by lona. Passed ad approved this 26th day of January, 1988. Notary Public _ , 9 � - /G rn SHARON STUBBS ,� . ATTEST: n.. _ II • 21772 pHK February 11988 • . I . ORDINYl CE PU. 88-3362 PN CRDIWVNCE 11) VACATE A PORTION OF TIE CLINTON STREET RIGHT-OF-WAY BETWEEN BENTON SIIQ± INU KIRKWOOO AVENJE. WIEREAS, the City of Icwa City has received a request frau the Iowa Ary National Guard to use a portion of the Clinton Street right-of-way for parking; aid WfPEAS, this portion of Clinton Street is not needed for public access at this tine; and WHEREAS, any existing utilities in the right-of- way will be protected through the lease negotiated between the City of Iowa City and the Iowa Angry National Guard. NOW, THEREFORE, BE IT ORIYIIPED BY THE CITY COUNCIL OF 1W CITY OF IOWA CITY, IOWA. SECTICN I. That a portion of Clinton Street, owe particularly described below shall be vacated as public right-of-way: Cramming at the southwest come' of Outlet 1 in that part of Iara City, Iona, Icrom as the Carry Seat of Johnson County, according to the rearriad plat thereof; thence North along the West lire of Outlet 1, 49 feet to the point of begiming; thence West 23 feet 6 inches paperdhoilar to the West line of Outlet 1; thence North 251 feet parallel to the West line of Outlet 1; thence 23 feet 6 inches East; thence 251 feet South along the West line of Outlet 1 to the point of begiming, located in the City of Iowa City, Ions, County of Johnson, State of Iota. SECTION H. 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 shall he 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 lay. Passed and approved this 26th day of January, 1988. YO/ R ATTEST: Z' ectad / Jl::- • :,r CITY CLERK G..' ";'" : .;r 4 Ordinance No. 88-3362 Page 2 It was moved by Dickson and seconded by Horowitz that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson Horowitz • X Larson • X McDonald X Strait First Consideration Vote for passage: Second ConsiderationgAyes: 1/12/88 Horowitz,pLarson, MTcDonald. Nays: None. Absent: None. Date published 2/3/88 Moved by Horowitz, seconded by Dickson, 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 bg suspended, the first consideration be waived and the ordinance be given second consideration at this time. Ayes: McDonald, Strait, Ambrisco, Courtney, Dickson, Horowitz, Larson. Nays: None. Absent: None. 4/ CITY OF IOWA CITY CIVIC CENFER 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. 88-3362 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 26th day of January , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 3rd day of February , 1988 Dated at Iowa City, Iowa , this 2nd day of March ,19 88 . Ramlna Parrott, Deputy City Clerk • r / UFFILIAL PUBLICATION Printer's fee 4. .`37 ORDINAKE N3. `= 'so.: AN C1RiINMCE TO VACATE A FORTSON OF THE CLINTCN CERTIFICATE O F PUBLICATION STREET RIOff-OF-WAY BETWtUN BENTCN STREET AND KIROIJCD AVE LIE. • STATE OF IOWA. Johnson County, ss: 1tEl1EA5, the City of Iowa City has received a T H E IOWA CITY PRESS-CITIZEN • request frail the lova Ary National Guard m use a portion of the Clinton Street right-ofigy for parking; and . . WU1EAS, this portion of Clinton Street is not . needed for public access at this time; and - - - IAS, any existing utilities in the right-of- • . way will he protected through the lease negotiated between the City of Iowa City and the lora Amy • Carol Barr, being duly sworn. say that I National Guard' NOW, THEREFORE, BE IT ORDAINED BY 111E CITY am the legal clerk of the IO\t'A CITYCOUNCIL of THE CITY Cf Ian crn, IOWA. PRESS-CITIZEN, a newspaper SECTION That a portion of Clinton Street, more particularly described below shall be vacated as published in said county, and that a public right-of-"�: Commencing at the southwest corer of ClAlet 1 in notice, a printed copy of which is hereto that part of Iowa City, Iowa, bnwr as the Carty attached, waspublished in said paper seat of Jotnson county, according to the rem . 7 P P time(s), on the following plat thereof; thence North alag the Wst lire of Cutlet 1, 49 feet to the point of beginning; • thence West 23 feet 6 inches perpediailar to the date(�).1(/ 1( West line of Cutlet 1; thence North 251 feet 1� �/ parallel to the West line of Outlet 1: thence 23 1 3/ 4f,? feet 6 inches East; thence 251 feet South aloof the West line Outlet 1 the point of beginning, locateded in the City of Iowa City, Iowa,County of Johnson, State of Iowa. -'( SECTION TI. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this /J G�� , ordinance are hereby repealed. /(rJt /�Irl� SECTION IiI. SEVERAMITY. If any section, provision or part of the Ordinance shall he adjudged I Legal Clerk to be invalid or unconstitutional, such adfilication • shall not affect the validity of the Ordinance as a - / . • whole or any section, provision or part ;.hereof not Subscribed and sworn to before me adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE L1AT1• This Odinance shall /� be in effect after its final passage, approval and //, ' s publication as regaired by lay. t .:._S ay of_ --Cl` , A.D. Passed and approved this .:oth d:r.- .. QJanuary', l^S3. - YGR / L_ L-t--4.--.YN...—aa"-<3 [@ . ' Notary Public ATTEST: ,TkaCLEW id..x� 4 21771 February 3,1988 •��'' 'sr SHARON ST'UBBS . 1 p • . 1 ORDINANCE ND. 88-3363 AN ORDINANCE amending Chapter 31, Article V, Division 3, "ICE AND SNOW REMOVAL" of the Code of Ordinances of the City of Iowa City, Iowa, by adding thereto a new section to be codified as Section 31-124, Providing Regulations for the Removal of Snow and Ice fran Private Property. BE IT ORDAINED BY THE cm CDUPCIL DF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 31, Article V, Division • 3, "ICE AND SNO4 RE3VAL" of the Code of Ordinances of the City of Iowa City, Iona, be, and the same is hereby anended by adding thereto the following new section as Section 31-124, entitled "Removal by Individuals", as follows: Section 31-124. Removal by individuals. (a) It shall be unlawful for any property owner or person in possession to remove or allow to be renwed from his or her property, snow and/or ice accumulations and to place such accunulations on the private property of another. (b) It shall be unlawful for any property owner or person in possession to remove or allow to be reooved from his or her property, snow and/or ice accunulations in such a way as to deposit such accumulations on public property or public right-of-way causing a traffic obstruction, sight obstruction, pedestrian obstruction or any other such hazard or obstruction. (c) It shall be unlawful for any property owner or person in possession to rerove or allow to be removed from his or her property, snow and/or ice accumulations and to pish, transport, or carry such accumulations into, upon, or across a street or alley right-of-way for the purpose of depositing same on the other side of said street or alley right-of-wsy without the prior ap- proval of the superintendent of streets. This provision shall not apply to the hauling of snow and/or ice for deposit on private property with the consent of the owner thereof. (d) This Section shall rot be cc strued to apply to or to limit the normal snow plow- ing operations perforotJ by the City of Iowa City. The snow plowing operations performed by the City are exempt fran the application of this Section. SECTION II. SEVERABILITY: If any of the provi- sions of this Ordinance are for any reason declared illegal or void, then the lawful prwisions of this Ordinance, which are severable from said unlawful S 2 provisions, shall be and renin in full force and effect, the sane as if the Ordinance curtained no illegal or void provisions. SECTION III. REPEALER: All ordinates and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 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 9th day of February, 1988. MAYOR ATTEST: )111,4,44. ar) 7C . CITY C 5 It was moved by Courtney and seconded by Ambrisco that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration 1/12/88 Vote for passage: Ayes: Ambrisco, Courtney, Dickson, Larson, McDonald. Nays: Horowitz, Strait. Absent: None. Second Consideration 1/26/88 Vote for passage: Ayes: Courtney, Dickson, Larson, McDonald. Nays: Strait, Horowitz. Absent: Ambrisco. Date published 2/17/88 • 5 CITY OF IOWA CITY CIVIC CEN[ER 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. 88-3363 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 9th day of February , 1988 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the lith day of February , 19 88 Dated at Iowa City, Iowa, this 2nd day of March ,l9 88 41 42,“,09,4/ Ramtna Parrott, Deputy City Clerk • • . _. . OFFICIAL PUBLICATION- - OMIIWICE t0. 68-3363. - • • • NI OfmIIWCE sending Chapter 31, Prticie V. - . • Division 3, "ICE NO'SNOW Fe/OVAL" of the Cade of ���/ - Odinarces of the City of las City, las,by a$ilrg - Printer's fee S/7 thereto a new section to be codified as Section _ - 31-124, Providing Itajulatios for the ()royal of - Snow and Ice fron.Private Property. CERTIFICATE OF PUBLICATION EE IT ORMISf➢BY TIE cm CORCIL IF TIE CITY OF 1064 CITY, IO.N: • - - STATE OF IOWA, Johnson County, ss: SECTION I. ThatCapter 31, Article v, evulsion 3, ILE N0 SAW RETTIVAL" of the Cade df Ordinances THE IOWA CITY PRESS-CITIZEN of the City of las City, las,be, ard the care is hereby aeniel by adding thereto the following ed - - - section as Section 31-124, entitled 'IPem+al by - - - Individuals",as folio's: - - - . Section 31-124. Koval by individuals. (a) It shall be unlawful fa arty property gea I - or person in possession to rswe cr ally: to be remd fran his or he property, Carol Barr, being duly sworn, say that I • snow ad/or ice xcwulatiors and to place • - am the legal clerk of the IOWA CITY such accmulations on the private pmpe-ty of another. - PRESS-CITIZEN, a newspaper. - lb) Itsnailbeintahulforanypropertyans- published in said county, and that a - . ons be onemnn�s ionPrm s ore�we lo her prier . notice, a printed copy of which is hereto snow ard/er ice accurulations in such a ray as to deposit such rghta pa attached, was published in said paper property a r right-of-my cooing a time(s), on the following traffic thstructidn, sir mitruttitn, date(s): hazard aonob�ttratian a any tithe such • (c) It shall be unlawful for any property tw�er U�� /y /aft v _ _ a- person in possession to mime or ally !/ i // /T a to he mowed fran'his a- her P,Wrtq, snow d/er ice amutatioand to P� transport, or carry such accaulattgs - into, upon, or across a street or alley right-of-vay for VI purpoce of deMsitirg • J�/, - sane al the other- tide of said street or C/ alley right-ofsey without the prior ap- preset of the &harlotedent of streets. • Legal Clerk This provision shall not apply to the hauling of crew ad/or ice for deposit on 1 privdte property with the corset of the Subscribed and sworn to before me - This�eof - (d) inshall t be construed m - - apply to err to limit the normal al snow plow- - L .y ing operations prfoimed 'by the City of th (D ciis tta' of�, A.D. Ions City. Thesnow plying °pe-anons performed by the City are e<e,pt freer:the application S VE this Section. SEC ICN II. EOFFABILITV: If any of the pmol- jg mans of this Ordinance are for any reason declared • itlegal'a void,ten the lawful praisiorts of this Ordinance, Mich are severable fron said unlawful I= provisions, shall be ad !mein in full force ad NotaryPublic • - effect, the sae as if the Od;mase contained no _ illegal or void p ovisiore. SECTION III. REPEALER: All ordinances ad puts of ordinances in conflict with the previsions of - SHARON STUBBS d - this ordinance are homy repealed. _ app SECTION IV. EFFECTIVE 'innal: This Odtnance _ idtal - I ,. .. . shall be in effect after its final passage,appraal . • and publication as required by law. Passed.ad approved 9 this 9th day of Fe ry, 1988. IVO7 . • ATTEST: a�g ry . . • 21960 C February 17,1988 ORDINANCE NO. 88-3364 AN ORDINANCE TO PtENO THE ZONING ORDINANCE BY CHANG- ING TIE USE REGULATIONS OF CERTAIN PROPERTY LOCATED NORTH OF HICIM Y 1 BETWEEN HUDSON AND MILLER AVE- NJES. TIE CITY COUNCIL OF IOWA CITY, IOWA, HEREBY FINDS THAT: 1. The property described in Section I below has or should have been classified Public (P) to re- flect the ownership and use of the property as a maintenance facility by the State of Ica. 2. A private entity has purchased the property and a zoning change to a classification other than P is required by the Iaa City Code of Ordinances Section 36-30(g)(1). 3. The Cmmercial Intensive (CI-1) zone classifica- tion requested is compatible with existing neighboring commercial uses; because of its highway frontage, the property is more appropri- ately zoned for commercial rather than residen- tial uses; and the zone provides adequate buffering between intensive commercial uses and adjacent residential properties. NOW, THEREFORE, BE IT ORDAINED BY TIE CITY COUWCIL OF THE CITY OF IOWA CITY, IOAA, THAT: SECTION I. The zoning classification of the property described below is hereby changed from Public (P)1 and Residential Single-Family (RS-8) to Commercial Intensive (CI-1): All of Lots 20, 21, 50-54 of Bailey and Beck's Addition to the City of Iowa City, Iowa, and the former Ftxward Street right- of-say between the right-of-way of Miller Avenue and Hudson Avenue. SECTION II. MAP AMEN NENT. The Building Inspec- tor- is hereby authorized and directed to change the zoning map of the City of Iaa City, Iota to conform to this anendrnnt 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 in the office of the Canty Recorder of Johnson Canty, Ica. 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, provi- sion or part of this Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication IA Ordinance Pb. 88-3364 Page 2 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 apioroved this 15th day of February, 19'88. / % /AO / MAYOR ATTEST: CITY CLERK 'n It was moved by Ambrisco and seconded by Strait that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration 2/9/88 Votefor passage: Ayes: Courtney, Dickson, Larson, McDonald, Ambrisco. Nays: None. Absent: Horowitz, Strait. Second Consideration _ Vote for passage: Date published 2/23/88 Approved as to Form 4g 7 " q - �g Moved by Ambrisco, seconded by Strait, that Lega+ Department 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, Dickson, Horowitz, Larson, McDonald, Strait, Ambrisco. Nays: None. Absent: None. 6 CHY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA 011Y, 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. 88-3364 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of February , 1988 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 23rd day of February , 19 88 Dated at Iowa City, Iowa, this 2nd day of March ,19 88 am na Parrott, Deputy City Clerk • OFFICIAL PUBLICATION ' ` - AN CROINNa as AIM TIE MING OfOINIKE BY OWE- INS 11E Iff IEIWRATIOS Cr CERTAIN PD421Y LOCATED . - Mmli Cr HINNY 1 NEN LUDO( (M MILLER AYE- NES. - - THE CITY CONCIL Cr ]DVN CITY, IOWA, Ifl7FEY FUER • Printer's fee I. 1. the property described in Yctian I 6eloe has or should have berm classified Public (P) to re- CERTIFICATE OF PUBLICATION flat tie arrsh;pad use of the rroprtyas a rieintee ce facility by the State of Iia. , STATE OF IOWA, Johnson County. ss: 2. A private entity has purchased the property and a zoning charge to a classification other than P THE IOWA CITY PRESS-CITIZEN is retirei by the Iowa City Code of Ordinance Section 36-30(9)117. 3. Re fWmtrotal Intensive(CI-1) roe classifica- - tion rtguestel is eruptible with mistily - - - reifboring canner 101 uses; bcatse of its highey fruitage,the property is Imre aptopri- I - - ately zonal for cmne-cial ratter than residen- tial uses; and the zone provides adequate Carol Barr, being duly sworn, say that Ibuffering !them intensive camnnal is and . am the legal clerk of the IOWA CITY . - agleam residertial pp&U,leties. • MN, THEREFORE, BE IT MINED BY BE CITY CONCIL PRESS-CITIZEN, a newspaper . Cr BE Cm OF INA CITY, EWA,T}AT: published in said county, and that a prop&tydescribedCN I. bele./ng s`hermy`dan�fern notice, a printed copy of which is hereto Public (P)l ad Pesidetia1 Single-Fanny (R5$) to Cmwexial Intensive(CI-I): attached, was published in said paper An of Lots m, a, 52-54 of Miley and ' time(s), onthe following • Beck's Addition to the City of lora City, las, aid the fame'IGard Strut right- date s): - of-way tete the rightvNnay of Miller p ,y- Avenue ed Meson Anne. ec- �.uCl/�"/- 4, /-,,y-t- /r /I - - is h re U. thNIP MEh8ard The ed Building chaInsrge the U.{- tn- is hereby auNrcixal aN directed to chunp Me �. toning map of the City of low City, loo to conform to this mnedneR wen final passage, quantal and - piblicatioi of this ordinance as provided by law. SECTION III. CERTIFICATION Aa] IECOROIPG. The �A /7�A ' City Clerk is no-my authvrznd and ch shall to • certify a copy h a this ordnance nd dl shall be recorded in the office of the Canty Recorder of Leal Clerk • • Jenson Canty, los. g erSECTION IV. 1 R: All ordinances ad parts 1 conflict - of ordinances in conflict with the praisio¢ of d. Subscribed and sworn to before me • this ordinance V. SEVERABILITY: .BILIt hereby Y: if en SEt11CN V. SEVERABILITY: If any section,prwi- . sion or part of this Ordinance shall be adjudged to /`�//', �� be invalid o- Inconstitut;oral, sarh adjudication _ thisalu qday of , A.D. aaffect validity of Ordinance at Wide or any ssection,prionoat thveofnot �-w - adjudged invalid v umoretitutional. 0�" SECTION V1. EFFECTIVE OaTE: lois hdinance shall ]9 be in effect after its final passage, approval and publication as required by law. • Passed ab roved this 15th day of JAFebruary, 1998• ' Notary Public - . - .. AaxaLC_ oii3er SHARON STUBBS NAY - 0 ATIFST: ni 1 '�•• owe - . Cp • - 22030 February 23,1988 . ORDINANCE NO. 88-3365 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANG- ING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 808 SOUTH DUBUQUE STREET. WHEREAS, the property located at 808 South Dubuque Street is located in an area zoned CI-1, Intensive Commercial Zone; and WHEREAS, Section 36-30(g)(2) of the Zoning Ordi- nance indicates that land owned or otherwise con- trolled by a governmental entity must be rezoned to the Public (P) Zone; and WHEREAS, surrounding land use patterns reflect the intensive commercial nature of uses permitted in the CI-1 Zone; and WHEREAS, it is found that the use of the subject property by Johnson County as an ambulance service will not be incompatible or conflict with other uses permitted in the CI-1 Zone. MOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF IOWA CITY, IOWA: SECTION I. ZONING AMENDMENT: That the property described below is hereby reclassified frau its present classification of CI-1 to P: The north 37 feet of the south 45 feet of Lot 7, Block 28, County at Addition to Iowa City, Iaa, according to the recorded plat thereof. And also conveying the north 35 feet of Lot 7. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iara 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, upon final passage and publication as provided by law. 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 rot affect the validity of the Ordinance as a whole or any section, provision or part thereof not ad- judged invalid or unconstitutional. 1 Ordinance No. 88-3365 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 15th day of I brua , 1988. traa / ,y'YOR ATTEST: 2;e4_,;/,,t J �. 7144,) CI CLERK 7 It was moved by Ambrisco and seconded by _Dickson that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco -X Courtney X Dickson X Horowitz -X Larson X McDonald X Strait First Consideration 2/9/88 Vote for passage: Ayes: Dickson, Larson, McDonald, Ambrisco, Courtney. Nays: None. Absent: Horowitz, Strait. Second Consideration Vote for passage: Date published 2/23/88 Approved as to Form Moved by Ambrisco, seconded by Dickson, that the rule requiring ordinances to be considered V. 1/27/ii and voted on for passage at two Council meetings Department prior to the meeting at which it is to be Finally passes be suspended, the second consideration and voted be waived and the ordinance be voted upon for final passage at this time. Ayes: Horowitz, Larson, McDonald, Strait, Ambrisco, Courtney, Dickson. 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. 88-3365 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of February , 1988 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 23rd day of February , 1988 Dated at Iowa City, Iowa, this 2nd day of March ,19 88 ClaWSd 'a .na Parrott, Deputy City Clerk • • • • • - OFFICIAL PUBLICATION =DANCE M3. 88-336S AN-CROINANCE*EWING Tlf ZONING fF"1:'1M1"BY CHANG- ING THE USE REGULATIONS OF CEPTAG•1 PROPERTY LOCATED Printer's fee gZ/_Z_.,Z. AT 808 SOUiN DUBUQUE STREET. CERTIFICATE OF PUBLICATION "Dubuque. 9fREAS, the pooerty laat.d at aoa CS o-1th, . Dubuque Street is located in an area zoned STATE OF IOWA. Johnson County, ss: IntsnsiveCormercial Zone;and THE IOWA CITY PRESS CITIZEN ceEi, Section 36-30(8)(2) of the Zoning Oral-Mnce indicates that land awned or otherwise con_ trolled by a governmental entity rust be rezoned to • the Public (P) Zone;and - k1EREAS, surrounding lard use patterns reflect • die intensive cumiercial nature of uses permitted in the CI-I Zone; and I, IaEREAS, it is fprrq that the use of the subject • property by Johnson County as an art service : Carol Barr, being duly sworn. say that.I will not be ithe CI-1 or conflict with other uses • am the legal clerk of the IOINA CITY permitted in the CI-1 Zone, PRESS-CITIZEN, a newspaper cnICF, IDA lc 'IiTOffiAIrfDBrTFEcIryCOIl1- published in said county, and that a SECTION i. ZONING At'Etpr•1=NT: That the property • described below is hereby reclassified fron its notice• a printed copy of which is hereto present classififeet of CI-1 to P: •. attached, was published in said paper north 37 feet of the south 45 feet of Lot 7, • Black 28, County Seat Addition to Iowa City, / time(s), on the following • lova, according to the recorded plat thereof. And also conveying the north 35 feet of Lot 7. GaV e �: • SECTION Ii. ZONING MAP. The Building Inspector is � c � /"(J// theyis au 1t jrepted to c the zoning - G Li map of the City upon Iowa City, [ae,.00 form to aneridnaat lean final passage,'Ipthbval and publication of this Ordinance as provided Og law. SECTION III. CERTIF1CATION Atp RECORDING. The City • //////'y�����I is rdry author z directed to certify a / '(- copy of this Ordinance o-hich shall be recorded at C/ •`pj _, ® the Office of the Canty Recorder of Johnson County. -43'(-Zi---(1' /I L(�lJ � f� lava, Joon final passage and publication as provided byy law. . Legal Clerk SECTION I_. V._REPEALER: All ordinances andparts of ordinances in conflict with the provision Of this . ordinance are hereby repealed. Subscribed and sworn to before me SECTION V. SEVERABILITY: If any section,provision pa ,o a mance shall be adjudged to be invalid R unconstitutional, such adjmudicatron shall rot affect the validity of the Onhance as a►hole :'::S a 'of __, A.D. or any section, sion o } judged Invalid or unconstitutional. thereof not a1- • SECTION VI. EFFECTIVE DATE; This Ordlnanee shall j 11/ I / be in effect after its final passage, approval and pub B lication as required by ian. ^ _ Passed and approved this 15th day Of p � I' bruntiy , 1988. • Otar}'Public KIR (yc-�,A Q `Sr1. SHARON STUBBS / „'rT:sr: 4 22028 February 23, 1988 9 • • i ORDINANCE NO. 88-3366 AN ORDINANCE TO AMEND PORTIONS OF THE ZONING ORDI- NANCE REGARDING OFF-STREET PARKING REQUIREMENTS. WHEREAS, the dimensional requirements for off- street parking have been in effect for five years; and WHEREAS, use of these requirements has shown that changes can be made to certain requirements without compromising the intent of the regulation to ensure safe and usable parking areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. 1. The preamble of Section 36-58 of the Code of Ordinances is amended by deleting said section and inserting the following in lieu thereof: When required or provided, off-street parking and stacking spaces, aisles and drives shall be provided and maintained in compliance with the following requirements: 2. Section 36-58(c)(2)b is amended by deleting said section and inserting the following in lieu thereof: b. Up to one-half (1/2) of the required number of parking spaces may be eight (8) feet in width by 15 feet in length if the parking spaces are signed "Compact Vehicles Only." 3. Figure 1 referred to in Section 36-58(c)(2)a is amended to reflect standard vehicle parking spaces 18 feet in length. 4. Section 36-58(c)(2) is amended by adding the following: 1. A drive providing access to a parking area with more than 18 spaces shall be no less than 18 feet in width if designated for two-way traffic, or 10 feet in width if designed for one-way traffic. 5. Section 36-4(p)(2) is amended by deleting said section and inserting the following in lieu thereof: (2) Parking space. An asphalt, concrete or similar permanent dust-free surface which is intended for off-street vehicular park- ing. 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 this Ordinance shall be ad- judged to be invalid or unconstitutional , such adju- dication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitu- tional. Ordinance It. 88-3366 Page 2 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 23rd day of F bruary, 1988. /LL°^R 4164.42— ATTEST: ..",,,,j ,14J CITY CLERK 8 It was moved by Dickson and seconded by Courtney that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco - X Courtney X Dickson - X Horowitz - X Larson X McDonald X - Strait First Consideration 1/26/88 Vote for passage: Ayes: Dickson, Horowitz, Larson, McDonald, Strait, Courtney. Nays: None. Absent: Ambrisco. Second Consideration 2/9/88 Vote for passage: Ayes: Larson, McDonald, Ambrisco, Courtney, Dickson. Nays: None. Absent: Strait, Horowitz. Date published 3/2/88 Approved as to Form lAyser Lego Department A 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. 88-3366 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23rd day of February , 1988 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 2nd day of March , 19 88 . Dated at Iowa City, Iowa, this 30thday of March ,19 88 . aiona Parrott, Deputy City Clerk • • • OFFICIAL PUBLICATi6* . - • CRDINAiCE fO. 88-3.114, AN CROWE TO NEM PCRTIOtG l TIf. ZONING ORD1- Printers fee/ i IAa115 REAMING CFF-STREET PPRKINC PEOJIR2&NTS. kA$lE/S, the dimensional requirements for off- street parking have been in effect for five years; CERTIFICATE OF PUBLICATION and kFEREAS, use of these repuirenehts has shown . STATE OF IOWA. Johnson County, ss: that charges can be mode to certain requirenehts THE I0WA CITY PRESS CITIZEN Wn thout cc m osirg the intent of the regulation to ensure safe and usable parking areas. NOW, PEREFdtE, ff IT ORDAINED BY 111 CITY - COUCIL OF INA CITY, IOWA, TEAT: SECTION 1. AFE}DhENT. . - 1. 11W p-eaibie of Section 36-58 of the Code of Ordinances is anended by deleting said section . • • I and inserting the following in 1lou thereof: Carol Barr, being duly sworn. say that Ihillerrequired cr Provided,off-street parking and stacking spaces,aisles and drives shall be am the Iegal clerk of the IOWA CITYfollowing requirements:•provided and maintained in compliance with the , PRESS-CITIZEN, a newspaper 2. Section 36-58(c)(2)b is amnded by deleting said published in said county, and that a sect and inserting the foilaidre in lieu notice, a printed copy of which is hereto b. Ip to ane-half (1/2) of the required niter • • i e e of parking spaces may bbght (8) fit in attached, was published in said paper width by !s feet ;n lit the forking / time(s), on the follo�°ring spaces are signed"Compact Vehicles Only." 3. Figure I referred to in Section 36-58(c)(2)a is • date(s): amended to reflect standard vehicle parking spaces 18 feet in length. - _ 4. Section 36-58(c)(2) is meted by adding the 14,, . / al following: • 1. A drive providing access to a parking area • with more than 18 spaces shall be 0 less than 18 feet in width if designated for two-way traffic,one a 10 feet in width if Zr."/.7-1-4/1"' J iondesigned for one-way traffic. 5 section 3a-1 i(2) is a the by deletiin soul section ad inserting the foliating in lieu Legal Clerk the'aof (2) Parking space. An asphalt, concrete or )• similar permanent dust-free surface which Subscribed and sworn to before me is intended for off-street vehicular park- • t im• - - SECTION III. iEPEALER: All ord�n&c s and parts • of ordinances iA conflict with the Drwisipns of t.h is y 0 t —_, A.D. th;s ortiinarce are hereby repealed. SECTION IV. SEVERABILITY: !f any Section, it SECTION or part of this Ordinance shall be ad- judged to be invalid or vnccestitutional,such adju- 1 dicatiai shall not affect the validity of the Ordinance as a Whole or any section, provision or _— —&41LL Part thereof not adjudged invalid or uncpnstitu- - tion4l. Notary Public - SECTION V. EFfECTIh,E GATE! This Ordinance shall be in effect after its final passage, approval and publication as required by law. d h 4' Passed ,��app roved this ,.3rd day of ' � � � SHARON S7UBBS F� rhu3ry, lL'SR. 4 • . . Ya • A'T1.T:} / i+ Y'faa,til ,,.., .. . . ` CCITY ClkR • • . 20436 March 2. 1088 • 1 ORDINANCE NO. 88-3367 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANG- ING THE USE REGULATIONS OF AN 84.73 ACRE TRACT KNOWN AS SOUTHAEST ESTATES. WHEREAS, Seville Corporation, owner of the par- cel, has made application to rezone certain property from ID-RS, Interim Development-Single-Family Residental and RR-1, Rural Residential to RS-5, Low Density Single-Family Residential; and WHEREAS, the City Council has amended the Carr prehensive Plan land use classification of the tract frau Agricultural/Rural Residential to Residential at a density of 2-8 dwelling units per acre; and WHEREAS, the RS-5 zoning classification is con- sistent with the amended Comprehensive Plan designa- tion for this area; and WHEREAS, the land is shown on the Comprehensive Plan as developing after 1998; and WHEREAS, the owner wishes to develop the land now in order to realize economies of scale in installing public improvements for the lard in question and abutting, previously platted land it also owns; and WHEREAS, pursuant to Iowa Code (1987) Section 414.5 and in conformance with the City's Out of Sequence Devleoprent Policy, Seville Corporation and the City of Iowa City have agreed to certain condi- tions set forth in the attached Conditional Zoning Agreement. NOW, THEREFORE, E 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 which is attached hereto and incorporated herein by reference, the property described below is hereby reclassified fray the ID-RS and RR-1 classi- fications to RS-5. Commencing at a Concrete Monument which marks the Southeast corner of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the 5th Principal Meridian; Thence N00°53'42"E, along the East line of said Southeast Quarter of Section 13, 417.00 feet to a point on the Northerly Right of Way Line of Rohret Rad, said point also being the Southeasterly corner of Lot 1 of Southwest Estates Subdivision, Part One, and the Point of Beginning; Thence Southwesterly, along said Right of Way 155.20 feet, on a 1950.00 foot radius curve, concave Southeasterly, whose 155.16 foot chord bears 570°34'38"W; Thence 568°17'49"W, along said Right of Way line, 66.03 feet; Thence Northwesterly 23.56 feet, along a 15.00 foot radius curve, concave Northeasterly, whose 21.21 foot chord bears Ordinance No. 88-3367 Page 2 N66°42'11"W; Thence N21°42'11"W, 276.67 feet to the Northwesterly corner of Lot 2 of said Subdivision; Thence Northwesterly 204.63 feet, along a 518.82 foot radius curve, concave Northeasterly, whose 203.30 foot chord bears N10°24'15"W; Thence N00°53'42"E, 172.49 feet; Thence Northwesterly 1068.14 feet, along a 680.00 foot radius curve, concave South- westerly, whose 961.67 foot chord bears N44°06118"W; Thence N89°06'18"W, 115.31 feet; Thecae SCO°53'42"W, 310.00 feet along the westerly line of lot 17 of Southwest Estates Subdivision, Part 2; Thence S06°37'04"W, 480.92 feet along the westerly line of lot 11 of said Subdivision; 567°40'29"W, 200.00 feet along the northwesterly line of lot 10 of said Subdivision; Thence N54°00106" W, 662.14 feet; Thence N29°13'15"E, 60.57 feet; Thence N07°30"00"E, 297.07 feet; Thence N22°30'00"E, 55.00 feet; Thence N67°30'00"W, 336.00 feet; Thence S33°30'00"W, 173.50 feet; Thence S49°45'00"W, 230.00 feet; Thence N40°15'00"W, 158.00 feet; Thence N89°03'10"W, 99.47 feet to a point on the west line of the Southeast Quarter of said Section 13, Thence N00°56'50"E, 1073.84 feet to the Northwest corner of the Southeast Quarter of said Sec- tion 13; Thence N89°40'15"E, 2642.75 feet to the Northeast corner of the Southeast Quarter of said Section 13; Thence S00053'42"W, 2223.48 feet along the east line of the South- east Quarter of said Section 13 to the Point of Beginning; Said tract of lard contains 84.73 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, to conform to this anenxhnent. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify and file a copy of this Ordinance and the Conditional Zoning Agreement 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. AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement which is attached to and made a part of this Ordinance. Ordinance No. 88-3367 Page 3 SECTION VI. SEVERABILITY. If any section, provision or part of this Ordinance shall be ad- judged to be invalid or unconstitutional, such adju- dication 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 VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 23rd day of Fe ruary, 1988. YOR f/ JJ ATTEST: 2tO?.)nir2 7f. -7C 4,.) cm CLERK Received & Approved By The Legal Department7/s 9 Ordinance No. 88-3367 Page 4 It was moved by Ambrisco and seconded by Dickson that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco - X Courtney X Dickson Horowitz - X Larson X McDonald Strait First Consideration 1/26/88 Vote for passage: Ayes: Courtney, Dickson, Horowitz, Larson, McDonald, Strait. Nays: None. Absent: Ambrisco. Second Consideration 2/9/88 Vote for passage: Ayes: McDonald, Ambrisco, Courtney, Dickson, Larson. Nays: None. Absent: Strait, Horowitz. Date published 3/2/88 1 CONDITIONAL ZONING AGREEMENT AGREEMENT, dated as of the 26th day of January, 1988, by and between the City of Iowa City, Iowa (City) , and Seville Corporation, an Iowa corporation (Developer) . RECITALS • A. Developer owns a tract of land located in the northeast quadrant of the intersection of Rohret and Slothower Roads in the southwest part of the City. The tract contains approximately 165 acres, 148 acres of which are located in Iowa City, and the balance in Johnson County. (For convenience, the entire tract will hereinafter be referred to as "Southwest Estates" .) B. Developer has applied to have the following part of Southwest Estates , containing 84.73 acres, rezoned from the Interim Development-Residential Single Family (ID-RS) and Rural Residential (RR-1) classifications , to the Residential Single-Family (RS-5) , to wit: In Johnson County, Iowa. Commencing at a Concrete Monument which marks the Southeast corner of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the 5th Principal Meridian; Thence NOO 53'42"E, along the East line of said Southeast Quarter of Section 13, 417.00 feet to a point on the Northerly Right of Way Line of Rohret Road, said point also being the Southeasterly corner of Lot 1 of Southwest Estates Subdivision, Part One, and the Point of Beginning; Thence Southwesterly, along said Right of Way 155.20 feet, on a 1950.00 foot radius curve, concave Southeasterly, whose 155.16 foot chord bears S70°34'38"W; Thence S68°17 '49"W, along said Right of Way line, 66.03 feet; Thence Northwesterly 23.56 feet, along a 15.00 foot radius curve, concave Northeasterly, whose 21.21 foot chord bears N66°42'11"W; Thence N21°42'11"W, 276.67 feet to the Northwesterly corner of Lot 2 of said Subdivision; Thence Northwesterly 204.63 feet, along a 518.82 foot radius curve, concave Northeasterly, whose 203.30 foot chord bears N10°24'15"W; Thence N00°53'42"E, 172.49 feet; Thence Northwesterly 1068.14 feet, along a 680.00 foot radius curve, concave Southwesterly, whose 961.67 foot chord bears N44°06'18"W; Thence N89°06'18"W, 115.31 feet; Thence S00°53'42"W, 310.00 feet along the westerly line of lot 17 of Southwest Estates Subdivision, Part 2; Thence S06°37 '04"W, 480.92 feet along the westerly line of lot 11 of said Subdivision; S67°40129"W, 200.00 feet alone the northwesterly line of lot 10 of said Subdivision; Thence N54 00'06" W, 662.14 feet; Thence N29°13'15"E, 60.57 feet; Thence N07°30"00"E, 297.07 feet; Thence N22°30'00"E, 55.00 feet; Thence N67°30'00"W, 336.00 feet; Thence S33°30'00"W, 173.50 feet; Thence 549°45'00"W, 230.00 feet; Thence N40°15'00"W, 158.00 feet; Thence N89°03'10"W, 99.47 feet to a point on the west line of the Southeast Quarter of said Section 13, Thence NOO°56' 50"E, 1073.84 feet to the Northwest corner of the Southeast Quarter of said Section 13; Thence N89°40' 15"E, 2642.75 feet to the Northeast corner of the Southeast Quarter of said Section 13; Thence S00°53'42"W, 2223.48 feet along the east line of the Southeast Quarter of said Section 13 to the Point of Beginning; Said tract of land contains 84.73 acres more or less and is hereinafter referred to as the "RS-5 Tract" . 2 C. Based upon studies of demand or growth pressure, and estimates of projected population growth in seven separate study areas, the City' s 1978 Comprehen- sive Plan, as modified by the 1983 Comprehensive Plan Update (together, the "Comprehensive Plan") sets forth City policies for land use and develop- ment. The Comprehensive Plan growth management policy provides, with re- spect to the timing or sequence of development, that development should occur only at such time as it is possible to - 1. Maintain compact and contiguous growth; and 2. Maximize efficiency of municipal services. D. The timing of improvements included in the City's Capital Improvements Program (CIP) , including water and sewer line extensions, street improve- ments and other development related facilities, is based, in large part, on the Comprehensive Plan. E. The Comprehensive Plan specifically provides as follows : Out of Sequence Development From time to time, certain factors may encourage private develop- ers to develop tracts of land out of phase with the development sequence determined to be appropriate for the City. Those devel- opments will require the extension of municipal services in a manner that is inefficient and not anticipated in the City' s capital improvements program. In order to approximate the effi- ciency of development upon which the City's growth management policy is based, out of sequence development would be required to expend all of the costs associated with that development, includ- ing costs typically subsidized by the City. Costs customarily paid by the City may be recouped at such time as sufficient intervening development occurs to resemble the cost/benefit balance on which sequent development is based. F. Since adoption of the Comprehensive Plan in 1978, the area in which South- west Estates is located has been shown on the Comprehensive Plan Map as Agricultural/Rural Residential , with residential development at urban standards not expected to occur before the mid-1990s. In 1986, the City Council adopted Resolution No. 86-101 restating its policy that, other than for routine maintenance, no public improvements will be made to Slothower Road or Rohret Road west of Highway 218 before 1998. G. In accordance with the Comprehensive Plan, the portion of Southwest Estates which lies within Iowa City is zoned RR-1 and ID-RS. The RR-1 zoning district is intended to encompass areas of rural residential character where City utilities are not planned within the foreseeable future. The 3 ID-RS zone is intended to encompass areas of managed growth, allowing agricultural and non-urban uses of land until municipal services can be provided and single-family development can occur at urban densities. H. The portion of Southwest Estates which is zoned RR-1 is located in a water- shed which drains away from the developed parts of the City, and gravity flow municipal sewer services will not be available to such area in the foreseeable future. I. Developer has previously platted or subdivided a portion of the RR-1 zoned land in Southwest Estates. Developer is now seeking to have the 84.73 acre portion of the property which is zoned RR-1 and ID-RS rezoned to RS-5 to allow development because it would be more cost effective to Developer to extend City utilities to the entire development, rather than just a small part. J. Under the City' s Subdivision regulations, developers are required to in- stall and pay for water and sewer lines, and for paving streets up to 28 feet wide, within the subdivision. Because streets must sometimes be con- structed wider than 28 feet in order to handle anticipated through traffic, and water and sewer lines must be installed which are larger than needed to serve a particular development, and it is more economical to install over- size facilities at the time of original installation, developers sometimes are required to install larger than normal water or sewer lines , or streets wider than 28 feet. In such case, the City' s current policy is to reim- burse developers for the extra cost from funds provided through the CIP budget. K. Because there is approximately one-half mile distance between the easterly boundary of Southwest Estates and the nearest developed property to the east (Hunter' s Run Subdivision) , development of Southwest Estates is not compact and contiguous. In conjunction with development of Southwest Es- tates, Part 2, the Developer extended the water main to Southwest Estates from Hunter's Run, across the intervening property, at its sole expense. L. Southwest Estates is served by part of the City' s Southwest Interceptor Sewer system, which, in addition to areas presently being served, is ex- pected to serve approximately 438 acres of presently undeveloped land. However, assuming full development of previously platted lands, and devel- opment of unplatted lands at densities shown on the Comprehensive Plan, this portion of the Southwest Interceptor Sewer system as presently con- structed only has capacity to serve an additional 75 acres. Enlargement of 9 4 that sewer system to serve the full 438 acres including Southwest Estates will require reconstruction of part of the system by replacement of a section of 10 inch diameter pipe with larger pipe. The reconstruction is not necessary to meet the demand projected in the City's Comprehensive Plan until after 1998. M. Out-of-sequence development of Southwest Estates will reduce or completely deplete available sewer capacity for lands to be served by a portion of the Southwest Interceptor Sewer system, and which are shown as currently developable according to the Short-Range Plan of Development of the Compre- hensive Plan. N. While installation of sewers is normally a developer' s responsibility, the cost of increasing the size of, or upgrading, sewer lines is normally financed by the City through bonds which are retired by sewer use fees which are uniform for all users of the City's sewer system. The capacity constraint in the Southwest Interceptor Sewer could be eliminated at a cost currently estimated at $64,000, but the City had not expected to incur that cost until most of the land east of Highway 218 had been developed in the sequence contemplated in the Comprehensive Plan. 0. After due deliberation, the Iowa City Planning and Zoning Commission has recommended approval of Developer's rezoning request - "subject to the condition that all costs associated with that development, including costs typically subsidized by the City, will be paid by the developer; costs customarily paid by the City may be recouped at such time as either (a) intervening development between Hunters Run Subdivision and Southwest Estates is substan- tially complete, but not before 1998, or (b) the growth management policy for the southwest area is amended such that development of Southwest Estates is regarded as being in sequence with that development policy." P. Although out-of-sequence costs may be substantial , and reimbursement for those costs may not occur for several years, Developer is willing to ad- vance such amounts in order to obtain rezoning which will allow immediate development of the balance of Southwest Estates. Q. While rezoning of Southwest Estates is consistent with the City' s long- range development plans, the City has agreed to the requested rezoning at this time only because Developer is willing to finance the out-of-sequence development costs which will be incurred in development of Southwest Es- tates. 5 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Prior to the issuance of building permits for the RS-5 Tract, Developer shall file and obtain City approval of a subdivision plat or plats , and shall contract for and install such public improvements as the City may require pursuant to its ordinances, rules, and regulations. 2. In conjunction with approval of such subdivision plats, Developer agrees (a) that the City may require Developer to install public improvements with sufficient capacity to serve other developments in the area, including without limitation, paving in excess of 28 feet in width, water mains exceeding six (6) inches in diameter, and sanitary sewer lines exceeding eight (8) inches in diameter; and (b) that it may be required to extend public facilities, including sewers and water lines, through or across property belonging to third parties in order to serve developer' s prop- erty. 3. The parties agree that, to the extent improvements are required which exceed City requirements in effect at the time of subdivision plat approval , Developer shall be entitled to reimbursement from the City for the extra costs incurred, determined as follows: Overwidth paving - The City's share shall be the actual cost per linear foot of the overwidth paving, and shall be considered a strip in the center of the pavement. Oversized water mains or sewer lines - The City' s share shall be the difference in cost between the pipe, main or conduit plus valves and valve boxes required by the City and pipe, main or conduit plus valves and valve boxes needed to service the subdivision itself. The actual reimbursible cost of such items shall be determined at the time the work is done, and shall be agreed upon in writing by Developer and the City Manager or his/her designee. 4. Reimbursement to Developer of the costs determined pursuant to paragraph 3, shall not be made until (a) development has been substantially completed of the area north of Rohret Road, west of Deerfield Drive in Hunter' s Run Subdivision, east of the east line of the Southeast Quarter of Sec. 13, Township 79 North, Range 7 West of the 5th Principal Meridian, and south of a line described as follows: Commencing at the southwest corner of the northwest quarter of Section 18, T79N, Range 7 West of the 5th P.M. , thence - -- Y ---- 9 6 North 01°20' East 616.4 feet to the point of beginning, thence South 89°04' East 1535.8 feet, such line being the north line of property conveyed to James R. Kennedy by deed dated March 1, 1968, and recorded in Book 628, page 431, in the Johnson County Recorder' s office, but not before 1998, or (b) the Comprehensive Plan is revised to show earlier development of the area which includes Southwest Estates. For purposes of this Agreement, development shall be substantially complete when all of the land in the above-defined area has been platted and building permits have been issued for construction on at least 90% of the lots in such area. 5. The City agrees that, when the conditions for reimbursement have been met, it will reimburse Developer for the costs determined pursuant to paragraph 3. If such reimbursement occurs within twenty-four (24) months after intervening development is substantially complete, reimbursement shall be on a dollar for dollar basis, with no interest or carrying costs. Any amount unpaid at the end of the twenty-four (24) month period shall there- after bear interest until paid at a rate equal to the rate the City is paying on the last general obligation bonds it issued prior to the inter- est commencement date. 6. The parties agree that where, as part of its out-of-sequence development, Developer is or has been required to extend public facilities to Southwest Estates through or across property belonging to third parties , and if the cost of such extension would normally be the responsibility of the devel- oper of that other property, the City shall establish a fee structure and mechanism establishing the connection or tap-in fees which other persons shall be required to pay in order to connect to such facilities. The cost-sharing shall be on a pro-rata basis , and other persons who connect to such facilities shall be paying to reimburse Developer for the cost of the off-premises facilities. Within a reasonable time after collection, the City shall pay to Developer the tap-in fees it collects. 7. Because out-of-sequence development may require upgrading portions of the Southwest Interceptor Sewer system earlier than contemplated in the Compre- hensive Plan, the City shall (upon receipt of the first payment hereunder) establish a separate account to hold payments (the "Sewer Upgrade Fees") which Developer will make to assist in paying the estimated cost of such upgrade. Developer' s payments shall be made at the time of, and as a condi- tion to, issuance of building permits for lots in Southwest Estates. The Sewer Upgrade Fee shall be determined as follows : 7 Step 1: Estimated cost to upgrade Southwest Interceptor Sewer = Cost per acre 75 acres Step 2: Cost per acre x number of acres in approved plats = Cost per lot Number of lots in approved plats in Southwest Estates The Sewer Upgrade Fee shall be reviewed annually, in June, by the City's Director of Public Works , and a new fee shall be established, effective as of July 1 of each year, to reflect then current cost estimates. 8. The Sewer Upgrade Fee shall be paid and collected until (a) the Comprehen- sive Plan is revised to show earlier development of the area in which Southwest Estates is located, or (b) building permits have been issued which will exhaust the available capacity of the portion of the Southwest Interceptor Sewer system serving Southwest Estates. 9. When it is determined that the portion of the Southwest Interceptor Sewer which serves Southwest Estates should be upgraded, and the project is included in the City's current capital improvements program, (a) if the Comprehensive Plan has not been revised to show the area in which Southwest Estates is located in the Short-Range Plan of Development, the City may use the Sewer Upgrade Fees it has collected to pay all or part of the cost of upgrading the Southwest Interceptor Sewer system to increase its capacity to allow service to the entire undeveloped area (approximately 438 acres) which that portion of the sewer is expected to serve; or (b) if the Compre- hensive Plan has been revised to show Southwest Estates in the Short-Range Plan of Development, the cost of the upgrade shall be borne by the City, and Sewer Upgrade Fees collected shall be refunded to the owner or owners of the lots for which such fees were paid. If Sewer Upgrade Fees are used to finance all or part of the cost of upgrading the Southwest Interceptor Sewer, an amount equal to the fee collected shall be refunded to the owner or owners of each lot for which such fees were paid to the City. The refunds shall be made within twenty-four (24) months after the date on which the Comprehensive Plan is revised to show the area in which Southwest Estates is located in the Short-Range Plan of Development. If refunds are not made within that period, interest shall accrue and be payable as provided in paragraph 5. 8 10. Developer acknowledges and agrees that it shall bear all risks with respect to both the timing and amount of reimbursement for costs it must incur to develop out-of-sequence with the City' s Comprehensive Plan. 11. Developer agrees that the conditions being attached to its rezoning request are reasonable and are being imposed to satisfy public needs directly caused by the requested change. 12. Developer acknowledges that the City may amend or change its regulations or ordinances to require wider streets, or larger diameter water mains or sewer pipes or lines in new developments, and that such new requirements may be applied to subdivision approvals in Southwest Estates made after the effective date of such amendment or change. 13. It is understood and agreed by and between the parties that nothing herein contained, nor shall the entering into of this Agreement be deemed to constitute in any way a waiver of any of the ordinances, rules, regulations or specifications of the City, and the Developer hereby agrees to comply with all ordinances, rules, regulations and specifications of the City, and all of the laws of the State of Iowa. 14. This Agreement shall be a covenant running with the land and shall be binding upon the successors and assigns of the parties hereto. 15. This Agreement shall be null and void if the City does not rezone Southwest Estates to RS-5 on or before April 1, 1988. IN WITNESS WHEREOF, the parties have caused this Conditional Zoning Agreement to be executed as of the date first above written. CITY OF IOWA CITY SEVILLE CORPORATION By: / i By: ` ohn Mc onald, Mayor Frank J. Ei e , President ATTEST: �/ �� `1,• �Q^-J By: iter Mar an K. Karr, City Clerk Frank J. Ei e , Secretary - - — - 9 STATE OF IOWA ) ) SS JOHNSON COUNTY ) On this v"<5 cit,ay of , 1988, before me the undersigned, a Notary Public in and or the Stat of Iowa, personally appeared Frank J. Eicher, 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, 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 said Frank J. Eicher as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily exe- cuted. / a • t Q.tary Public in ani for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 23rd day of February , 1988, before me, the undersigned, a Notary Public in and for said State, 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 said municipal corpo- ration executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said John McDonald and Marian K. Karr acknowledged the execution of said instrument to be the volun- tary act and deed of said municipal corporation, by it and by them voluntarily executed. inns- � 2ce O Notary ublic in and for the State of Iowa 02/43-01-161 - CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CIN, 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. 88-3367 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23rd day of February , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 2nd day of March , 19 88 Dated at Iowa City, Iowa, this3Oth day of March ,19 88 a na Parrott, Deputy City Clerk !ler, b,o - .-'-'.. OFFICIAL PUBLICATION -- CONDITIONAL ZONING AGREEMENT �1TWCE M. me 1307 AGREEMENT, dated as of the 26th day of January, 1988. by and between The City of Iowa City, lows (cily), and Seville Corporation, an AN CR01NV E M[1ODE 1W Zeal%O131tWLE BY CMG- Iowa corporation{Developer). ING 19E IDE REDMTIOt6 OF AN 84,73 ACG.[TRACT Ie044 RECITALS AS SOUnteT ESTATES A.Developer owns a tract of land located in the • northeast quadrant of the Intersection of LIFIIBl6, Seattle Corporation, Dula' of the par- Rohret and Slothower Roads In the southwest • part of the City. The tract contains decree- ' eel,has mete acplicatim to remne certain property innately 165 acres, 148 acres of which are • iron 10-1E, Interim 0evelopreit-SOcle-fanily located In Iowa City, and the balance in - Rsidestal and M-1, Rural Resimetial to 4'5 Lal Johnson County. (For convenience,the entire tensity Singlefanily Residetirei ve tract will hereinafter be referred N as IAFJEAS, the City Cared has emoted tee Cori. "South�wpeest Estates".) B. os Southwe lied to have tae ing 8433 irdimslvc Plan lard use Uass//kation of the tract part M e Estates, containing rl73 frau density Residential to re- andel acres, rezoned from tne Interim at a density of 2-8 Pelting nits per etre;and Devefod nsity• is Residential al le- 1) classier- ' (R l • sistent with the nett Ccoveheralve Plan designs- cation,to the Residential Single Family IRS 5),to wit. tim for this area; end In JohnsonCounty, eve, wa . • s,EREAS, the gam Moo wa on the Coicreamdve Commencing at a Concrete Monument • Plm as evelopi,g after 198; am which maria the utheast cornerof MeIMPEAS,the curer wishes to dealer,the Third roe Southeast Quarter of Section I3, Town- . in order to realize ecormtes of Scale In steepirg ship 79 North , Range 7 West of the 5th ' Relic *move+mts for tie lard in gestin ed Pr ncipal Meridian; Thence Naid �. abgttlrg,previous) platted lam It also oras;am 53'42"E, along the East line of said y Southeast Quarter of Section 13, e1/,00 ' , pursuant to lad Cade (lamto) Section feeta point on the Northerly Right of 414,5.5 aidam in cmiomarce with the City's OR of Way being of Rohret Road, said point *lance of to. it Fbaky. `tvtl le Wrpmatim ad also being the Southeasterly corner of • the City of lou CityMere apeel be Main condi- Lot 7 of Southwest Estates subdivision, tiara set forth In ere attached Wmitterel Zoning Part One, and the Point of Beginning; � // hater Thence Southwesterly,along said Right Nal, new . ff R 0repfe By DE CITY of Way 155.20 feet, on a 1950,00 loot Printer's fee Catch CF 13E CRY CF IOTA CITY, (044, TAT: whose curve, concave Southeasterly, whose 155.16 foot chord bears 5790 SECTION 1. 1ONING piE70oeir. Sadat to the 3/'311"W; Thence 568°17'49"W, along CERTIFICATE OF PUBLICATION rer aid CWfths of tie Camitwal Zoning said Right of Way line, 6603 feet; Iu'eannt r �el rich is attadteeth ad inarpeeted Thence Northwesterly 23,56 feet,along a STATE OF IOWA, Johnson County. ss: herein by reference,the frcele-ty desscribed belts,is 15.00 loot radium curve, concave trey reclaselfied Iron the 10-RS Rt S e -1 ciessl- Northebears est N66 /2 I whose 21.21 footnce chord THE IOWA CITY PRESS-CITIZEN fatten- DRi. le 21° 42'11"W, 21661 feet to the Northwesterly C4eedcbg at a Concrete Vonore[rich aria corner of Lot 2 of said Subdivision: tie Southeast cater of the ouhrest Carter Thence Northwesterly 204.63 feet, along • of Section 1,3,Tcwship 79 IbU,Range 7 West a $18.82 foot radius curve, concave - of the 5th Principal Nridfen; There Northeasterly, whose 203.30 foot chord 100°53'421, ala the East lire of said beer;; N10 21'15"W; Thence NOD° j, Sodheast Quarto- of Se elm 13, 417.00 feet 53' 2'8, 172.49 feet; Ttgaence North- t to a pokt m tie Northerly Right,of lay Line radius lycurve,ll concave nSouthwesterlyy, Carol Barr, being duly sworn, say that I of Feret its, said point also dein) UR whose 961.67 foot chord bears N17° am the legal clerk of the IOWA CITY 5etheesterly ccrwer of Lot 1 of Seuthest 0618"W; Thence N89006.18"W, 115.37 Estates Saivism, Pert De• and the Point- feet; Thence 500°53'42"W. 31000 feet PRESS-CITIZEN, a newspaper of Omelette; Iherce Southwesterly, alag said long the westerly line of lot 17 f Right d tear 155.20 feet, m %4 1950. rent Southwest Estates Subdivision, Part 2; • published in said county, and that a rebus carve, weave Southeasterly, rose mance erly3line 480.92 feet along wes;e56 I0'2 of lot Il 0f said ongg notice, a printed copy of which is hereto see01124 el�oig said Right at Way line, the)division; 567°40'29"W line 200.00 10 of 5aiid attached, was published in said paper 66.0366. feet; Theme toth.esbely 23.55 feet, Subdivision; Thence N54°00'06"W,662.14 time(s), on the following akne a 15.M foot reties one, concave feet, Thence N29013'15 E, 60.57 feet; T_ tD1M nterly, fuse 21.21 foot 'Ned bans N21°33 OO'E�.55 00 feet; 7Thence Thence date(s): tE6°C'lt'U Thence fm°42904270.57 feet 30'00"W, 336-00 feet; Thence S33° •_ Si the Nmavesterly corner of Lot 2 of said 30'00"W, 173.50 feet; Thence 549° Ir Sadivision;Thence ttrtaestarly 204.63 feet, !00"W, 158.00 feet; ThencecNet°° /I'. _ along a 918.82 rcpt relies curie, comae 0710"W,99.47 feet to a point on thees on• artheeatetly, Mose 203.30 foot chert taps line of the Southeast !Quarter of said Ther a'l5'9; thence 1430053'42"E. t, al feet; Secfeet o 13. ThencertN00056corner of e Thera tathc5tgly 1068.14 feet, slag a feet to the Northwest said of the 687,03 Net relies cane, concave South- Southeast Quarter of Section 13; .1. Northeasthe N89°corneE, 2N2 75 feet to the westerly. Mese %L67 .Amt cited bears corner of the Southeast ' 3'43'Then1$706;18'•4, 115.31 feet; Quarter of aid Section 13; Thence Sine Thence' SONS3'42"4, 310.07 feet ,lag the 53'12"W, 2213.48 feet along the east line Legal Clerk easterly tar of gar 17 of butsest Estate W the Southeast Quarter of said Section Salvetm, Port 2; Thence 506°37104°W, 13 to the Point of Beginning, Said tract - ) 480,92 feet along The westerly gine of lot 11 of land contains 84.73 ales more or less • Subscribed and sworn to before me of said sm29fvlsien; $677140' W, ec0.ro i feet rte Is hereinafter referred to as the RS-5 upon along the rortheesterly lire of IM upon 10 of said C.Based studies of demand or growth Salviali ion;Thence 1.54970Tee W, 662.14 feet; pressure. and estimates of protected popuia- , • Twrrf eme 113013'15E, M.57 feet; ;Mme tion. growth In seven separate study areas, this_ 'ay of ^ , A.D. IU70311"031• 297.07 feet; Thane N22°70'001• the City's 1978 Comprehensive Plan,as mod Mtn feet; Thence 1467°30'00'9 ,33600 feet; mod- ified by the 1983 Comprehensive Plan update / �J/ �y(///��t , mace S3p311'W"W, 171.50 tea; 3Tance ftogethCityer, the "Comprehensive Plan") sets Q Ce71" -^'�"�' forth min Routes for land ev and e p e t t 19-YI 547°00'feet; ence /ret; Timm ).471twt 11. to mem. The Comprehensive Plan growth 158.66 feet;Theme feet;10'9,91.07 hit m management o policy provides, with respect io a mint m tie vest I nor d tee Southeast.ere the lopme or sequence of only at such that Dar+w of said section 13, fleece development should occur only at such time fw 5'S0'E, 1073.84 Net to the fyttaett as it Is possible to- * are of the Sathust Quarter of said Sc 1. Maintain compact and contiguous growth; Notary Public tion 13; Thence 189°40'15"E 2E42.75 feet beZ.Mdxlmlza efficiency of municipal services. °,, ,• -. .. .. the Jb't east carer of the s°utlesst Charter D. The timing of Improvements included In the SHARON STUBBS of set Section 13; mete $00:53'42'9, City's Capital Improvements Program (CfPI, 2723.48 feet agog the east line of the South- Including waterepand sewer line extensions, Rin east garter of sap sateen 13 to ore Point street rt get Ird ldcrllitlesents, is band ine lage development on -. - . - ........ . • of aliening; Said tract of lard contains the Comprehensive Plan. • BTA acres m1e or less. E. The Comprehensive Plan specifically pro- , SECTION Li, ZONIIG WP. The 0v11d1rg ['specter vides as follows: Is limey autM-tzed and directed to Marge the • Out of Sequence Development Zoning nee of the City of Ione City. to canton to From time to time.certain factors may - this aredeent, encourage private developers to develop • SECTION III fJiRf[FItATip1 tracts o1 land out of phase with the de- AN)VoLOMItG, The veiopment sequence determined to be City CTe•k is he-my authorized em directed to appropriate of municipal services In a certify and filega lgcrcpy of this Ordinance ad the manner that Is inef ffficient end not antic- Corditienal Tarter of,y4isoi Couity, oeereit at the e thea of the goatee program City's order Improve- Cantyaproi- SECTION IV. fEPfNg- All ordinances and parts mate the eefficlieencygof development upon of ordinances in conflict with tee pro.isices of which is Cased,outro sequence tlevel� this eminence are herby repealed. omen[would be required to expend all SECTION V. MfiDENT. The Meer is hereby of the costs associated with that level- euthorTm am'directed to sign, am the City Clerk o menL including costs typically sub- 1 to attest,the Conditionalsen Zoning Cgret Mitch is ifdized by the City. Costs customarily attached to anima a part of this Ordinance. such by the City may be recouped at such Some as sufficient Intervening de- . Menai VI. SPiEPABILITy. If any section, velopment occurs to resemle the cost/ praista" m part of this Ordnance shall be ad- benefit balance on which Mquent de- Judge to be Invalid or a co'stitutionel, swh age- F.Since adoption of the Comprehensive Plan in dicete 4411 not affect the validity of the 1978, the area In which Southwest Estates Is 'dineta ase whole or my section, prateim or located has been shown on the Comp- • part there)f.mt adjudeel intel id or unonstite- rehensive Plan Map as Agricultural//Rural timet. Residential, with residential development at SFLT101 ill. EFTECTtVE DATE. This Ominarce thurban standards not expected to occur before Owl 4Jniffelt after its final passage,approval adopted ResolutionmidIn No. 10 City Councilgi alcart. Na. 8for restating its and pblkatas reyfred by law. ?akar ,hat, other than routine main- ). ?mance, no public Improvementshwill be Resat and •ed this 23rd day of made h ay 218 8 before Road or Roaret Road west Fe nary, )••8 G.of accordance with rthe Comprehensive Plan, the portion of Southwest Estates which lies Within Iowa City is zoned RR 1 and ID-RS. The RR-1 zoning district Is intended to en- compass areas of rural residential character ATTEST.2etree,,,,,7 -hew J where City utilities are not planned within the CMforeseeable future. The ID-RS zone is In tended i encompass areas of managed - - growth, allowing agricultural and nonurban uses of land until municipal services can be provided and single-family development can __occataturban densities _ age - - fol Mai It may be required-to extend-public facilities, including sewers and water lines. I'H.The portion of Southwest Estate"Which-is 1 through or across property belonging to third zoned RR-I is located in a watershed which parties In order to serve developer's property. - drains away from Me developed parts of the S-The Batiks agree that, to the extent Un- IF Sewer Upgrade Fees are used to finance City, and gravity flow municipal sewer ser- provements are regwred which exceed City all or part of the cost of upgrading the requirements in effect at the time of subdivi- vices will no be available to such area In the I cion latapproval,Developer shall be entitled Southwest Interceptor Sewer, an amount foreseeable future. Pequal to the fee collected shall be refunded to to reimbursement from the City for the extra I.Developer has previously platted Or sub- costs Incurred,determined as follows: the owner or oh fees were pwpners of each lot for which divided a portion. the op r zoned seekingletl iOverwldth paving — The City s share shall be made With n aid io twentyq four (24)mantes thavSouthwest 04.73 a.r epoIfpow rt1 shall be the actual cost per linear footh which have the eed acre portiondID of ee property of the overwldth paving, and shall be alter the vise on which1,0W the area hich S- oRR-1o and Ib because rezoneditwould Plan is revised to snow the area in which , b53 to allow development Developer to extend , considered a strip In the center of the Range Plan Estates Isei located If the Short- , be City more cost effectivet to pavement. Range i h n that period, refundst are utilitieslustto small entire development, OveheliCCity's water mains orshallsewer Imes— not mode tie p yabl idede in shall rather than aubpart. The share h be thediffer- accruegrapand be payable as provided par J.Under theare City's irebddlto in all and de- ence conduitn cost betweenvalvs the pipe,main or .Developer 5. waterit velopers tetined and for paving pay for required byys the City and valve boxes 10. aVen s)acknowledges and agrees that e up and seweree, within for subdivision.roconduitplus City and pipe,main or shall bear all risks with respect stoe both the Bp to eB feet streets Must t thesometimesecon. valves and valve boxes timing and amount of rel bursement for Eructed In USf inodbe dlneeded to serve ine suof isionsuch Itself. coats it must Incur to developpp OPlan. quence structed wider than 2t feet In order to handle The actualfind reimbursible cost of such items shall with the City's that theComprehensive Plan. anticipated through traffic, and water and be determined at the time the work IS done, 11.Developer agrees that the conditions being sewer linea must be Installed which are and shall be agreed upon in writing 1st Oe- attached to its rezoning request are reason- leper easonlerpar then needed to serve a particular de- signet ign veloper and the City manager or his/her de- and are being imposed to satisfy public velppmenf, and it is more economical to in- Reim . needs directly caused by the requested ;loll Oversize facilities at the time of original 4.Reimbursement to Developer of the costs chancy. Installation developers sometimes are re- determined pursuant f paragraph 3,shall not 12.Developer acknowledges that the City may seined to install larger than normal water or be made until (a) development the of has been amend Cr chanes its regulations or ordinances sewer lines, or streets wider than 28 feet. In substentlelly completed of the area north of a require wider streets, or larger diameter such case, the City's current policy is to Rohrer Road, west of Deerfield Drive in water mains or sewer pipes Or linn in new reimburse developers for the extra cost from Hunter's Run Subdivision,east or the east line developments. and that such new.require- funds provided through the CIP budget. of the Southeast Quarter of Sec.13, Township menti may be applied to subdivision approv- K.Because there is approximatelyaeateroneuheif mile , 79 North, Range 7 West of the 5th Principal ale in Southwest Estates made after the et- distance between te easterly boundary of Meridian, and south of a Ione described as .calve date of such amendment oe change. Southwest Estates and ine nearest developed I follows: Commencing at the southwest corner 13.It Is understood and agrerei by and ned,nor property to the east Human's Run I of the northwest quarter of Section 18,1I9N, the parties that nothing herein contained,nor sion), deaectpment of Southwest Estates Is Range 7 West of the 5th P.M., thence North seethe entering Into of this Agreement be not compactlooppand t ofcontlguoes. In thwest tates,ction 01920 East 616.4 feet to the point of beginning, deemed to constitute in anylway a waiver of with 5 the Det Estates from Hunter'water Runma ori James tPart thence he north e Kennedy of Eastth 89004' 1 515.8 tl tconveyed to , specifications yagrees ordinances, the City. aules, l regulations the intervening property,at Its sole expense 1968. and recorded In Book 628. page 431, In rales, regulations and specifications of Me L.Southwest Estates Is served by pert of the i the Johnson County Recorder's Office,but not City,and all of the laws of the State o1 Iowad. City's Southwest Interceptor Sewer system, before 1998,or (b)the Comprehensive Plan is i/.This Agreement shall be a covenant running which,.In addition to areas presently being revised to show earlier development of the with the lend and shall be binding upon,the served, is expected to serve approximately I area which includes Southwest Estates. for successors and assigns el the parties hereto. 438 acres of. Presently ndeveloped land, purposes of this Agreement, development' 15,This Agreement shall be null and vett if the However, assuming lull development of � shall be substantially complete when all of the City does not rezone Southwest Estates to RS- previously patted lands,and development Of land In the above-defined area has been plat- 5 on or before April 1,1988. enplaned leeds it densities shown en the i ted and building permits have been issued,for IN WITNESS WHEREOF, the parties have Comprehensive Plan, thisconstruction on at least90%of the lots in such importion of thecaused is Conditional Zoning greemerll to Southwest IerU a as area. be executed as f the date tinct above wrinen. presentlyn ddltlasl only has capacityen t0 5.The City agrees that,when the cit fOr CITY OF of CITY i i reimbursement have been t will serve an edditfanal 7 acres. Enlargement ofBy:/s/JOHN McDONALD that seweringsystem hwe to' the the full acres re burse Developer para tap the. costscdetermined Mayor crclWuct Southwest Estates systeml requireby re I pursuant to paragraph twenty-four If sura reimburse- placempent Oa part of fee cm ee mtet occursa ing de elopmnti (ub1 montan iahl /s/MARIAN ATTEST: Pin of a Steno ipe. he reconstruction Ions diamnter com letervermlen sea i8 a on a doll r CikK.KARR n t awithces ey o mast Teed mPrelec ed complete, basis, with reimbursement shall interest on a carryingng OF City ITYk In fthe Cly4syComprMe Comprehensive Plandunt l after I costs. Any amount tunppaid at the en (SEAL SEVILLE COIOWA R ORATION 1998 Sou twenty-four (241 month period shall there- ' By:/s/FRANK J.EICHER M.Out• s of-sequence eude lop meat of S depletet affter bear interest untilepaid at a rate equal to President availablewill sewer capacity for lands to be ' the obligatl npbb nds is Issuedgpriornto last Interest By:sec eta YANK J.EICHER served by a portion of the Southwest Inter- commencement date. STATE OF IOWA • ceche,' Sewer system, and which are shown I 6. he partiestagree that where, as part f Its JOHNSON OUN'TYISS: as currently developable accordintthe out-of-sequence development, Developer is or On this 25th day of January 1988, before.me shod-Range Plan of Developmentofthe has been required to extend public facilities to he undersigned, a Notary Public in and for Comprehensive Plan. I Southwest Estates through or across property the State of Iowa,personally appeared Frank N.While Installation of sewers is normally a I belonging to third parties, and If the cost of J.Etcher,to me personally known,who,being developer's responsibility, such extension would normally be the re- l h pit of, the costinof by me duly sworn, did say the e is'the creasing the aupgrading,isewer psropeity.tV of the developer hf that other President and Secretary,respectively,of said lines is normally financed by the City s ' re d.the anyi shall establishlisha fee strut- corporation executing the within and fore- bonds which are for by sewer use fees lure andrl Mechanism which otherhep the cons hell going instrument that the seal affixed thereto Ileo or lapin fees persons shall welch are uniform for all users tr the City'ss the seal of saga and ahem tont i0- S st Int The orcapacity constraint li the l be retiyes. to pays order o connect o suchstrument was signed and sealed on behalf of Southwest Interceptor Sewericouldeat el,000 rata 1basi The cost-sharing shall be on a pro- said corporation by authority of its Board of nated at a cost ox cto Inur at ran facie and halls personsPayiwho connect tose Directors; and that said Frank Eichel as butothe City had not expected to incur that ;uch facilfor hel be paying to rprem ses such officer acknowledged the execution of 2)81 untilenmost f the land east of Highway- , veloper With the cost of the off aram yes said instrument to be Me voluntary act and to had been developed on the sequence ante con- eciiin, t theWCit a reasonableilytime oter c - deed of said corporation, by it and by elm eem0la in the Comprehensive PlCit tapIinnf City shall pay to Developer the voluntarily executed. 0.Alter due ningdeliberation,Commission the Iowa City Plan- Seca fees it twee-sequence Notary/s/KATHLEEN L.WALENTA 7.r Because i .o9lthe ent may thing and Zoning has rezoning require upgrading portions.of the Southwest Notary a Public in and for mended approval of Developer's Interceptor Sewer "stem earlier than con- the State of Iowa i request— tempi gay in the Compren Comprehensive Plan, the (NOTARIAL SEAL) ' rubles,to the condition that all cost, Cityshall (upon receipt ssludingd with that development, D of 1117 first payment STATE OF IOWA includingg costs typically subsidized hereunder) establish e separate account to JO NSON COU of F: by the.CIto, will be paid by the de- hold payments (the "Sewer UpgradeIFees") n this 23rd day M February,1988,before me, veloper; mats customarily paid by which Developer will make to assist In paying 11/he undersigned, a Notary Public,In and.for the City may be recoueed at such the 'stimatetl cost of such upgrade. bevel- said State, personally appeared John Mc- time as either (a) Intervening devil- open s payments shall be made at the time of, Donald and Marion K.Karr,to me personally opmenf between Hunters Run Sub- and as a condition to, Issuance of building known,why,being by me du1Y sworn did,say division and Southwest Estates is permits for lots In Southwest Estates. The that they are the Mayor and City Clerk, ren • substantially complete,but not before Sewer Upgrade fee shall be determined as executing of said municipal corporation 1998,or (b) the growth management follows: executing tae within and hereto i in- Policy for the etdiv southwest area Is Step 1: slrumena that the seal affixed hereto is the amended such that development of Estimated cost to upgrade Southwest In- seal of said municipal corporation by author- est ESfetas IS regarded as be Weepier Sewer divided by 75 acres equals Ity of the City Council of said municipal Cor- ing or ing Ing in sequence with that develop Cost per acre potation, and that the said John Do0a Id mint policy." Step 1: and Marian K. Karr acknowledged the axe- P.Although cut end nce costs may Cost per acre times number of acres In ap- cation of said Instrument to be the voluntary be substantial,eand reimbursement proved plats divided b Number of lots in get and deed of said municipalexecuted. corporation, for those costs Developer is for to i Cost Perrlehats In.Southwest Estates equals Y 11 a/ GINA MCvoluntarily olun oLL executed. severe years. The Sewer Upgrade Fee shall be reviewed an- otary Public In and for advanceobtasuch amounts In order to Pof immediate rezoning which willallowbpublic, In sa, by the City's Dishall beer of- theIState L IOWd ante of So developmentst . the bah i Public Works, and a fee e l es, (NOTARIAL 61 SEAL) lablishad,effective as of July 1 of each year, 02/13.01 16T enci�le rezoningSouthwest of Southwestuthto reflect then current cost estimates. 20440 March 2,1988 Q.While at neCitEstateson r ge devt with tp C,ryth long- B.The Sewer until (a) the Fee Comprehensiveebe paid Plan nnis - harano, tledr to the requested plans, thez City collected h alar lopmen is et thissrtim to the uerezoning areaaeInn to show earlier development of the t willing only because the out-of-o4uI which ermits les beIs located.or seocto finaen wwill building permits a hove been capacity fwthe will be developmentredevelopmentcoststich portion I exhaust the available t rcepty of the S iu be Incurred in of system a the SouSout hwest Interceptor Sewer SouER EF'RE, THE WI It ff0 rmin d thstat t t Estates. I NOW, THEREFORE, PARTIES AGREE' S.Whop It Is Interceptor iSe the portion serves tthe AS FOLLOWS:Is ou was a este rot bew 1.PeRS-5 the tis ante of building permitsd for Soo est cdhInit be City's gsacur entdshe the R rova, t°weeper e subdl shall file ted optais ro act os emenincluded r gee , current capi me- a dy approval W a or dlii install ll such public rel imremain Plan program,b (a) if the Comp- im• shall contractcs and yll equi public the area P hi has th been revised tolshow improvements rs ns the Guy may require ons. the area Southwest of Development, is located suant to its ordinances,rules,andf regulations. In the mayuse Short-Rangethe Plan Fe enit the 2. conjunction s, n with approval aees such she ' cot tot use Sewer UpgradePees It has sion plats. a Developervloagrees(a) that the City collected to pay all a part of the cost of may require Developer to install public Im- system the Southwest Interceptor Sewer (movements withIn sufficient capacity to serve ' system to Increase.Its capacity to allow ser- other developments In the area, Including vice to the entire loped area without limitation, paving In excess of 28 feet ' (approximately'41a acres)) whichwhich that portion In width, water mains exceeding six (6) of the Sewer is expected to serve;or(b) if the _ inches in.diameter, and sanitary sewer lines Samore st e Plan has been reviseto show exceeding eight (W inches In diameter; and Southwest Estates in thehort-Range Plan of Development,thecost of the upgrade shall be -- --- borne h the Ciof y, and Sewer Upgrade Fees collected shall be refunded to the owner or owners of the lots for which such fees were ORDINANCE N. 88-3368 AN ORDINANCE TO AMEND THE LEGAL DESCRIPTION OF CITY PLAZA. WHEREAS, the uses of City Plaza are regulated to promote the public interest by Chapter 9.1 of the City Code, which also contains the legal description of the boundaries of City Plaza, and WHEREAS, Hbwkeye-Bay States Limited Partnership offered to purchase approximately 210 square feet of City Plaza along the westerly wall of the Paul-Helen Building in conjunction with the renovation of the building facade and the redevelopment of Urban Renewal Parcel 65-2b, and WHEREAS, the City Council by Resolution NO. 86-228, on July 15, 1986, authorized conveyance of this strip of land, and WHEREAS, Chapter 9.1 of the City Code should now be amended to reflect the revised boundary of City Plaza. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY THAT: SECTION 1. AMENDMENT. 1. Section 9.1-2 of the Code of Ordinances shall be amended by deleting the definition of City Plaza in its entirety and inserting in lieu thereof the following: Section 9.1-2 Definitions. City Plaza: That part of City property extending from the northern right- of-way line to the southern right-of-way line of College Street from the eastern right-of-way line of Clinton Street to the western right-of-way line of Linn Street; and exuding from the western right-of-way line to the eastern right-of-way line of Dubuque Street from the southern right-of- way line of Washington Street to the south- ern right-of-way line of College Street. Also, beginning at the northwest corner of Lot 4, Block 65, of the Original To of Iowra City, Iowa, according to the recorded plat thereof, thence N 90000'00" E, an assumed bearing, along the southerly right- of-way line of Washington Street, 60.28 feet; thence 500003'02"W, 110.36 feet; thence S89043'36"W, 59.93 feet to a point on the easterly right-of-way line of Dubuque Street, thence N00007'39"W, along said easterly right-of-way line, 110.65 feet to the point of beginning. Except for the following: Commencing at the northwest corner of Lot 4, Block 65, the Original Town of Iowa City, Ioa, according to the re- APO Ordinance No. 88-3368 Page 2 corded plat thereof; thence N90°00'00"E, an assumed bearing, along the southerly right-of-way line of Washington Street, 60.28 feet to the point of beginning; thence SO0°03'02"W, 110.36 feet; thence S89°43'36"W, 1.50 feet; thence N00°03'02"E, 36.36 feet; thence S89°43'36"W, 2.50 feet; thence NOO°03102"E, 18.0 feet, thence N89°43'36"E, 2.50 feet; thence N00°03'02"E, 56.0 feet, to the southerly right-of-way line of Washington Street; thence N90000'00"E, an assumed bearing, along said southerly right-of-way line of Washington Street, 1.50 feet to the point of beginning. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provi- sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional , such adjudicaticn shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not judged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in ettect after its final passage, approval and publication as required by law. Passed and approved this 23rd day of February , 1968. /1.4Cfriecelt09/~1fteda- ATTEST: ,'jx,,,f",�% � j CITY-CLERK 10 It was moved by Ambrisco and seconded by Dickson that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration 2/9/88 Vote for passage: Ayes: Ambrisco, Courtney, Dickson, Larson, McDonald. Nays: None. Absent: Horowitz, Strait. Second Consideration Vote for passage: Date published 3/2/88 Approved as to Form / l fOr/ Moved by Ambrisco, seconded by Horowitz, Leg Departmen 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, Dickson, Horowitz, Larson, McDonald, Strait, Ambrisco. Nays: None. Absent: None. /© clTy OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, 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. 88_3358 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23rd day of February , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 2nd day of March , 19 88 Dated at Iowa City, Iowa, this 30thday of March ,198R . �.• 1��� &'4662 2 - 'a ma Parrott, Deputy City Clerk - - OFFICIAL PUBLICATION . . . CFOINNCE MI '88-5$68 . - AN eOMAIa TO.REIM TIE LEGAL 0EICRIPf1O1 S ctT'2 - - , _ RATA,,fia ' . . - lee$ , the'Ises of City Plaza are regulated to - __ . . - - pram%L the pltt interest-by Oidia' 9.1 Of the - _ City Osie,which also contains the legal destriptlm _ ' • . • L of the poundries of City Plato,and ' - - • 1JeEAS, Fpker-Bay Yates limited Partnersh% ip - - offered to purchase arcrcaMotely 210 soothe fait of h city Pint.alog the westerly wall of the Peul�plen - • ' Building in mtfuoctice with the rmaatlm of the • building facade pd the retevelament of;titan .. -• N dal SMcel 1%-26,are Printer's fee� RAS,the City Canal by%solution ti: [6-27.1S, _ ' m July 15, 1985, eutterizel mreeyrce of this . strip of laid,ard CERTIFICATE OF PUBLICATION mugs. Duette 9.1 of the City rade shmhd mw ere ruarhed to reflect the revisal%urea* et City • - STATE OF IOWA, Johnson County, ss: Plaza. THE IOWA CITY PRESS-CITIZEN s 16Nn°EtAf:BE nGmAUEn BY FE cmmAEIL fBTIM 1, ,aaEFe+r. . . • . I• y1etOle Code Of Ordinates l - merged Rletirg the definition .. . in its entirety rd -Inserting to lieu ilamf • . the following: • • Carol Barr, being duly sworn, say that I sedan9.I-Zcttty ttim= mat cert of city am the legal clerk of the IOWA CITY . prore'ty%%Mi g fran the northern right- of-bey ight- - PRESS-CITIZEN, a newspaper ere orlCoolltire eg�e the �ttee the eastern published in said county, and that a . . right-of-way lire of Clinton Street to the western right-of-bey lire of Lim Street; notice, a printed copy of which is heretoand exte4hrg free 1 western right-of-way attached, was published in said paper line to the eastern right-of-bey line of P P O.eugne Street fend the southern right-cif- boy ight-o f / time(s), on the following • way We of seshtrghn Street to the south- date(s): Also, beginninggiinnii at1 the nnor@westtcconer of ' //�/��'//// '7 �/�j tot 4; Block 65, of the Original Ton Of • / a�.aC? / %/J ins City, Iowa, ence N to the remrdan ' plat thereof, trance N SOq'e'00' E, an •• : assured learno, along the southerly right- of-way line of Washing,;,toi,^,�;n" street, ®.28 feet; thence St0'g7' 3 110.36 feet; ///"J tterca SBBoy rightref a feet to e Point on L • {���� rNe � Sr t, the rightbf+ayy line o1 BQsaid �' Street, thenen hhpOgp'39'x, alae sada Ere,point right-of-boy *Petry. Except• for the Le10.65 feet to . gal Clerk fallowing: Com Ing at the w•uaest . 1 cent nt of Lot 4,Block E5,the Own -Igael To Subscribed and sworn to before me - a hose city Ida, accrd+m to the re• speed plat thereof; thence N1061111'00%, an _ assured bearing, alorg theesoutherly - �p right-of-way line of Webirgtm Street, this O -a' y of //(0„...) . A.D. E0.28 feet la the point of beginning;thence ' SIID413' `x, 110.36 feet: theme • WORSEN, 1.50 feet; trice rca9a3'fe"E, _ 36.36 feet; therm 583044'36'x. 2•� feet; - 19 thence E, 2.02"E, IBM feet, thence • t 3OfeetE, feet; thence NO0413of2•E, 56.0 feet, to the southerly right-of-way_ line of Washington Street; thence • N Otar Public • soutle'W"E, an of-acyl bearline of ^lag said Y southerly ritgghht-of.,ey line of Wsa+gtgn - _ Street, 1.50'feet to the Point of*Inning. SHARON STUBBS ' o` SFLnON 1I. REPEALER. All ordinances and ecus of . 0,. orellhonas in conflict with the provision of this _ ordinance are hereby reeled. . _ —.._ • - SECTS III. SEVERABILITY. If an section.,port- son a' ort of the Ordinance shall be peJleged to he lova]k r mcastlWttonai, such edjudketim • shall not Affect the validity of the Ordinance as a . vpole r m section,provision or pert.thereof not . - ju imalhd or rconstituttoal• SECTION IV. EFFECTIVE BATE, This Ordinance shall . • _ be In ettect after"its final passage, appraal and ' • . publication as•rejdred by law. - Passed'mi%woad this 23rd. day of • -February ,1%8. - -. ATTEST: �INyy.ul ae rti+1 - . ' ' 20435 I3T CfEA( March 2,191111 - ORDINANCE NO. 88-3369 AN ORDINANCE TO REND CHAPTER 36-68, PERMITTED OBSTRUCTIONS IN YARDS, TO PERMIT GAS Rif CANOPIES. WHEREAS, canopies over gas pulp islands have becane a popular means of protecting customers frau adverse weather conditions; and WHEREAS, such canopies are generally supported by colums centered in gas perp islands and are open on all sides; and WFEREAS, generally canopies do not obstruct vision between vehicles or pedestrians and vehicles; and WFEREAS, generally canopies do not significantly add to an appearance of congestion or impair the use of adjacent properties. NOW, THEREFORE, BE IT ORRDAINED BY TFE CITY COW- CIL OF THE CITY OF IOWA CITY, T}M\T: SECTION I. ANEPDNENT. ction 36-68 is ameded by adding the following subsection: (b.1) Canopy, gas pulp island. Wenclosed canopies over gas pulp islands may be located in the required front yard provided the srpports shall be no closer than 10 feet to the right- of-way line. SECTION II. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY: If any section, provi- sion or part of the Ordinance shall be adjudged to be invalid or unccnstitutional, 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 8th day of March, 1 / AVM ,J l ATTEST: ,, J .4 . 44,4) CITY CLERK Raceivat; ay....+--rte.,., 4 . . . rt II It was moved by Dickson and seconded by Ambrisco that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration Vote for passage: Second Consideration 2/23/88 Vote for passage: Ayes: Larson, McDonald, Strait, Ambrisco, Courtney, Dickson, Horowitz. Nays: None. Absent: None. Date published 3/16/88 Moved by Ambrisco, seconded by Dickson, 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, Larson, McDonald, Strait, Ambrisco, Courtney, Dickson. 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. 88-3369 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 8th day of March , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 16th day of March , 19 88 Dated at Iowa City, Iowa, this3Oth day of March ,19 88 • cooL1,0W ona Parrott, Deputy City Clerk • . Printer's fee 82 OFFICIAL PUBLICATION . p'C cram"Ni. sit-e3( '-• CERTIFICATE OF PUBLICATION .Jac' P• fP•dWINi E TO Na0 OPP19t STATE OF IOWA.Johnson County, ss: ,filar IN yam,m rt MS CROPI ' THE IOWA CITY PRESS_CITIZEN - .:sKfl{affQ#S, mopes over gas tarp 1s1aMs have homp e a ryman s of potectiru custwe's Imo'id>dGrse wattle'co ditims;and - - • .:.:YEI✓FAS,such canopies are g e-ally;sWq' portal _ - ^mlums pattered in gas pup islands sre oopal of all skin;an - A: I, - : I rI}EREAS, generally aapies do'rot obstruct ' -Carol Barr, being duly sworn, say that I '•ry m,betwaavehicles mpedest iagz:�nd ehicles; and am the legal clerk of the IOWA CITY . - .. -• NAIADS, amorally tamales do rat significantly PRESS-CITIZEN, a newspaper ad,ma appearance of mstmro nTair the use P P .. •' _,of_adremst properties. - published in said county, and that a - • - ---tow,liEfFORE, 8E IT CAMPED BY IIE cm caN- notice, sprinted copy of which is hereto '�a "E CITY CF�a^cm,TMT: •• YCnw I. Nf)U1311. Section 36-68 ts"enede+by . - attached, was published in said paper - . .: _adding the tollarim subsection: le:l) Campy,gas Nip island. Uwnclaetr 0ies / time(:), 'on the following ;� aj, , dr W islands �s nay be lyp date(s): •.w remindyard povidai the slpports '•�+. gall hero closer then 10 fleet to the right • - ''//yy�//' /) • .ptt ' of ay lire. ' /-/ /L /^- /// // / �P - ,"..ACPBN II. FEMUR: All ordinances and{arts of ' - /'i!/L Co Mrcheances in rr yr with the pWisto of this . mdinaree are hereby repealed. • 1 gN III. g4EPABILIn: If any section,pwi- rr - - err er part of is stltutOndinarcP shall ha judicai ato i /`✓a✓%J .'•9ariwal+tl or mcrostibRioral, t 6ajaiicatim �L'''�D �i Mull not affect the validity of the @d+naxe as a . - �A \ /•f/✓� i,LNy_le or my section, provision or part thereof not • �r4ei invalid m uncmatitutmnal. Legal Clerk -•,sone,+Iv. EFFECTIVE nal This ad+,wlce shall final in effect after its final passaga, appwal ab . ) - - I'pbiitatim as rewired by law. Subscribed and sworn to before me - -a Pa sed aid alTram this 8th day of Murch, �{��y �' t.• • • ChisQC�f�Tiay of A 47..--.—) , A • :D. • . , iti try - urar:' v%cin ..118� I . , / � W March 16.1988 ' • _JI /�� i, 'a _ Notary Public a'' ' SHARON.sruees . • 3- . - - ORDINANCE NO. 88-3370 AN ORDINANCE *ENDING THE CODE OF ORDINANCES PROVI- SIONS RELATING TO ALCOHOLIC BEVERAGES, WINE AND BEER IN PUBLIC PLACES AND BUILDINGS AND AUTHORIZING CON- SUVPTION OF ALCOHOLIC BEVERAGES AND BEER IN MJNICI- PAL BUILDINGS IF A LIQUOR CONTROL LICENSE IS OBTAINED. BE IT ORDAINED BY TFE CITY COUNCIL OF IOWA CITY, IOWA, THAT: SECTION I. ANEPDhFM. The Iona City Code of Ordinances is amended as follows: A. Section 24-51 of the Code of Ordinances is repealed. B. Section 5-4 is hereby repealed and the follow- ing is adopted in lieu thereof: Section 5-4. Consurption or possession in public places and municipal buildings; intox- ication. (a) It shall be unlawful for any person to consume or drink any alcoholic beverage or beer on any public street, grouid, high- way, sidewalk or alley in the City. A person shall not use or consume alcoholic liquor or beer in any public place within the City, except premises covered by a liquor control license. (b) A person shall not consume or possess any alcoholic beverage or beer on park prop- erty. (c) A person shall not use or consume any alcoholic beverage or beer in any munici- pal building, except a municipal building covered by a liquor control license. Prior to presentation of the license application to the City Council, the City Manager shall endorse thereon his/her recameenda- tion regarding such use or consuiption of alcoholic beverages or beer in the munici- pal building. SECTION II. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY: If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. `Grassed and approved 5th dayof April, :8. Saga .al YOR ATTEST: �i I oa It was moved by Strait and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson —X--- Horowitz X Larson X McDonald X Strait First Consideration Vote for passage: Second Consideration 3/15/88 Vote for passage: Ayes: McDonald, Strait, Ambrisco, Courtney, Dickson, Horowitz, Larson. Nays: None. Absent: None. Date published 4/13/88 Approved as to Form 3//o//f Moved by Courtney, seconded by Strait, that Leg&l Department the rule requiring ordinances to be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be sus- pended, the first consideration be waived and the ordinance be given second con- sideration at this time. Ayes: Larson, McDonald, Strait, Ambrisco, Courtney, Dickson, Horowitz. Nays: None. Absent: None. CITY OF IOWA CITY CIVIC CEN[ER 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. 88-3370 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of April , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 13th day of April , 19 88 Dated at Iowa City, Iowa, this 5th day of May ,19 88 L. ` Ram na Parrott, Deputy City Clerk • • • FFI IAl UBUCATION OOMMRF 74. .TS'e. u''�/ AN I INA'12 ATOM let COE OF OOIWi(F,S ERNI- PrinteisfeeY7.�� �N ut PLUM AUINOUS INGS At4a Gy 50911pN Ntp10.I[ ffatm trig 1� 5 NO.g� (p� tly!- FA: a11WIHS IF A Li fAN1Bf(. L74>eF ICIS CERTIFICATE OF PUBLICATION aetAl� i. STATE OF IOWA,Johnson County, ss: EE IT MOWED BY E cm mu[a lan Cm, THE IOWA CITY PRESS-CITIZEN ION, NIT: SFSTICh I. ice 104 City Cone of Ordinances is as alas: A. fiction 24-51 of the Car! of Ordinates is rtyealgd. .B. Yction 5-4 is herSSy repeal&aid the fol lar I, ryes adpa in lie hem(; Seamon `r4. Cons 'renegues,. 7 ' e- .. r. . 1n , Carol Barr, being duly sworn, say that I . ,11c ,tares . . ,,,,,,c^ „ ,,. • am the legal clerk of the IOWA CITY Zj it v n ea �1 1 forany person'� PRESS-CITIZEN, a newspaper - COMMffSha rn drink any altygllc beverage or boa' on any public street,grand, high- published in said county, and that a � , sidealk or alley to the City. A notice, a printed copy of which is hereto rerunn shallc use or contain alcoholic attac}ied, was published in said paper city, ac +cept public place time(s), on the following liaerantratlicese. M a date(s): (o) A Person stall rot comae e`gams my alcoholic beverage a beer on part prty. • 4zeYz- �r P�r/ /fes alcoholic bevrg, scoot err n in any ew1c1- .. w ed by a,ion a rod lice e.Wiry to pre7by-0li of control Thome, prion to Drae'City of the item C replication 2.4" �. shall the City Camcil, the City 1�ba�r s1y11 endorseon arth- thereon hisuch use s/her co remmindat X • elcUaiitrdbe�ages conic — Legal Clerk l buildi xtAin All crdlnates and par• names n iac a1 the provision Subscribed and sworn to before me of this ordinance are hereby riled sena ul. sE1aneiun: If any action, Prem err part or ver O3fnarce shall be adjudged /�,, to to knelt on utonstttutianal,such adjudication thisl� day of 1!L. , A.D. shall cot affect the validity of me Ordinance as a / 1Pole or any section, provision a{art the, f not adjudged adluinvalid or urcoratttutfoel, cy . I9 k. I // steal S�ff[Ii W. EFFECTIVErjWalt:d This Cappnyrq and publication as repirei by law. , approval • ��v0�JA �•a 3 Ertl ab ayWw this 5th day o(atpri 1, ' Notary Public ' cot . SHARON STUBBS A sT. }4_.'-1 23214 tTi April 13,1988 I • • - 1 ORDINANCE NO. 88-3371 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 32.1-65 AND 32.1-73 THEREIN TO, RESPECTIVELY, INCREASE FEES FOR USE OF SWIMMING POOLS AND TO AMEND THE LISTING OF WATER MAIN TAPPING SERVICE FEES. 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 Ordi- nances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 32.1-65, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 32.1-65. Fees or Charges Authorized in Chapter 25. Municipal Code Section Authorizing Fee Charge, Fine or Description of Fee, Penalty: Charge, Fine, or Penalty: Charge: (a) Sec. 25-37 Fees for reservation or rental of facilities or equipment: 1. Garden Plots $8.00/season 2. Social Hall $25/session 3. Meeting Rooms $5.00/session 4. Craft Room $5.00/session 5. Pool $25.00/hour(2 hr. min. ) 6. Gym $25.00 first two hours , plus $7.50 per hour thereafter 7. Coin Operated Lockers $.10 to .50 daily, $2.00 monthly, $10.00 for six months 8. Farmer's Market Stall Reservation Single market $ 6.00 Season (reservation) $ 4.60/market day Season (Saturdays only) Season (Wednesdays and Saturdays) All prices include $1.00 per market advertising fee. 9. Park Shelter Reservation Fee* Shelter (5 hrs. or less) City Park: #1 $ 7.00 #2 16.00 #3 16.00 #5 7.00 13 Ordinance No. 88-3371 Page 2 #11 (entire shelter) 26.00 #11 (large section) 16.00 #11 (small section) 10.00 #12 7.00 #13 (enclosed) 20.00 #14 7.00 #15 7.00 #16 16.00 #17 7.00 Other Parks: Brookland 5.00 Court Hill #1 5.00 Court Hill #2 5.00 Court Hill #3 5.00 Court Hill #4 5.00 Crandic 7.00 Creekside 7.00 Happy Hollow 10.00 Hickory Hill , North 12.00 Hickory Hill , South 10.00 Mercer 12.00 North Market Square 5.00 Oak Grove 4.00 Pheasant Hill 4.00 Reno Street 4.00 Sturgis Ferry #1 4.00 Sturgis Ferry #2 4.00 Terrill Mill 5.00 Villa 4.00 Wetherby 10.00 Willow Creek 12.00 *For reservations more than 5 hours, fee will be double. Shelters may be used free of charge without reservations, if available. Users may also be charged an additional amount to cover employee wages, including overtime, for supervision or clean-up of the facility. (b) Sec. 25-37 Fees for use of recreational facilities: 1. Racquetball Court $2.50/hour 2. Swimming Pools DAILY ADMISSIONS Youth Adult (3-15 yrs. ) (16 yrs. +) All City Pools $ .75 $1.50 20 punch swim card (20 admissions) $12.75 $15.00 ( 3 Ordinance No. 88-3371 Page 3 Children under 3 years of age are admitted free. SWIM PASSES* Annual Summer Family $135.00 $75.00 (maximum of four people) Adult 80.00 45.00 Youth 55.00 30.00 Lap 110.00 55.00 Additional family members: First additional 27.50 15.00 Second and each additional 13.75 7.50 Prorated fees are available at certain times during the fiscal year. *Non-residents of Iowa City add 50%. Section 2. That Chapter 32.1, "Taxation and Revenues" of the Code of Ordi- nances 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 additional 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 These user charges will be effective with the billing sent after the effective dates listed in the preceding chart. 13 Ordinance No. 88-3371 Page 4 (b) Sec. 33-48 Deposit fee, combined, for 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. (c) 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 9/1/87 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. Monthly user charge for MONTHLY water use in excess of 200 USAGE Eff. Eff. Eff. cubic feet per month. (Cu. Ft.) 9/1/86 9/1/87 9/1/88 Next 2,800 $ .75 $ .83 $ .87 Next 17,000 .45 .50 .53 Over 20,000 .40 .44 .46 (d) Sec. 33-164 Fee for temporary water use during construction: Single and two (2) family residences Five dollars ($5.00) per month. Multi-family residences Ten dollars ($10.00) per month. Commercial structures Twenty dollars ($20.00) per month. Ordinance No. 88-3371 Page 5 Sec. 33-165 Fee for direct purchase of water Four dollars ($4.00) per one thousand gallons or fraction thereof. Sfec. 33-167 Fee for delinquent water service Three dollars ($3.00) account for each water service account not paid within 30 days of billing date. Sec. 33-169(a) Deposit fee, combined, for city water $50.00 per combined and/or sewer and/or solid waste residential service for collection service city water and/or sewer and/or solid waste collection service, an amount equal to the two month billing for commercial service. (h) Sec. 33-169(b) Fees and charges for various consumer services Tap fees: Size Tap Corps Curbs Boxes 3/4" $13.50 $11.05 $20.10 $27.75 1" 17.40 17.45 34.00 27.75 1-1/4" 22.90 33.20 55.30 38.80 1-1/2" 28.00 45.95 73.70 38.80 2" 31.50 74.40 110.00 38.80 1-1/4", 1-1/2" and 2" will require saddles which are to be charged at the City's purchase price cost. Installation and connection fees: Size Cost 6" $13.20 per linear foot 8" $17.10 per linear foot 10" $21.80 per linear foot 12" $27.00 per linear foot 16" $35.80 per linear foot ► 3 Ordinance No. 88-3371 Page 6 (i) Sec. 33-169(c) Service Fees Fee Fee During Normal After Normal Service Working Hours Working Hours a) Connection fee for $11.00 $30.00 1. installing new meter 2. resetting meter b) Carding fee for shut-off $11.00 $30.00 in collection procedure c) Check leaky meters and No charge No charge meter connections d) Frozen meters $11.00 + cost $30.00 + cost of meter repair of meter repair e) Shut-off service at curb No charge $30.00 + hourly and check for leaks rate for time over 2 hours f) Broken hydrant $11.00 + repair $30.00 + repair cost cost g) Location of water mains No charge No charge for other utilities h) Location of water main No charge $30.00 + hourly for private enterprise rate for time over 2 hours i) Meter accuracy check at $30.00 Not done after customer's request normal working hours j) Miscellaneous services No charge $30.00 + hourly for other governmental rate for time over agencies 2 hours 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 exceeds 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 4:30 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 Ordi- nance, 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. 13 Ordinance No. 88-3371 Page 7 SECTION 4. REPEALER: All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 5. EFFECTIVE DATE: This Ordinance shall be in full force and effect frau and after its final passage and publication as by law. Passed and appr ved this April,�1988. ATTEST: 7114744 9f. , le442 CLERK FORM 3/D/crer LEGAL DEPARTMENT 1—)3 It was moved by Courtney and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X 13:11 Dickson X Horowitz X Larson X McDonald X . Strait First Consideration Vote for passage: Second Consideration 3/15/88 Vote for passage: Ayes: Ambrisco, Courtney, Dickson, Horowitz, Larson, McDonald, Strait. Nays: None. Absent: None. Date published 4/13/88 Approved as to Form Moved by Courtney, seconded by Dickson, that the rule requiring ordinances to be considered Legal Department 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 consider- ation be waived and the ordinance be given second consideration at this time. Ayes: Strait, Ambrisco, Courtney, Dickson, Horowitz, Larson, McDonald. Nays: None. Absent: None. 13 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. 88-3371 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of April , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 13th day of April , 19 88 Dated at Iowa City, Iowa, this 5th day of May ,19 88 'a• ona Parrott, Deputy City Clerk a 537/ /g 3 • i • OFFICIAL PUBLICATION OFFICIAL PUBLICATION oADMMDCE M0. 31-3371 I ORDMA 1EMAMESDIOF THHACTO32.I1O,WA ECTTTL,ED O"T,AXNENANIDNG RETUO1T-H 1 - AND ..0"THEREIN TO, RESPECTIVELY, INCREASE FEES FOR USE OF SWIMMING POOLS AND 0 THE LISTING OF WATER MAIN -LIPPING SERVICE FEES. 1 - BE.Yt'fKAINED BY THE ci CITY COUNCIL NE CITY OF IOWA CITY, IOWA, THAT: SECTION 1. That Chapter 32.1, "Iron and Revenues" of the Code of Ordi- I. napces of the City of Iowa City,] , be, and the same is hereby worded by repealing Section 32.1-65, and gReetIng in lieu thereof a new section to be codified the same to read as followsr ) Sec. 32.1-65. Fees or Charges Authorized in Chapter 25. Municipal Code Section AutItrizing Fee Charge, Fine or Description of Fee, . ,i pnity: Charge, Fine, or Penalty: Charge; -. - (:) ul . //��jj��,,r/..,, $ea. :25-37 Fees for reservation or rental of facilities o`I• R:eot: Printer's fee.$L _ 4GN 1. Garden Plots se.00/jaa4'W,. CERTIFICATE OF PUBLICATION 2. Social Hall $257sestion', - - c 3. Meeting Roams . $5.00/session STATE OF IOWA, Johnson County, ss:. '` 4. Craft Room 55.00/session ' (25.00/hour(2 hr . min.) THE IOWA CITY PRESS-CITIZEN e. Gyml$ 25.00 first two hours, plus $7.50 per hour - I thereafter 7. Coin Operated Lockers $.10 to .50 daily, ' $2.00 monthly, $10.00 I for six months I I B. Fanner's Market. Stall Reservation ' Carol Barr, being duly sworn, say that I am the legal clerk of the IOWA CITY Single market $ 6.00 PRESS-CITIZEN, a newspaper ' Season (reservation) f 4.60/market day Season (Saturdays Sully) published in said county, and that a Season (Wednesdays and Saturdays) notice, a printed copy of which is hereto All prices include $1.00.per market advertising,fee. attached, was published in said paper f _ time(s), on the following 9. Park Shelter Reservation , Fee* date(s):47-1--e} / : Shelter (5 hrs. or Jess) /fr�DCity Park: O /1 f 7.00 /2 16.00 I /3 16.00 /5 7.00 /I1 (entire shelter) 26.00 /11 (large section) 16.00 /I1 (small section). 10.00 - --. Legal Clerk /12 7.00 /13 (enclosed) 20.00 Subscribed and sworn to before me #14 7.00 116 16.00 ' #17 7.00 thi // . day of , A.D. Other Parks: r Brookland 5.00 19 ailp Court Hill /1 5.00 w,! ;, I Court.Hill /2 5.00 � �6Court Hill. /3 5.00 c -.. „�� Court Hill 14 . 5.00 a �', Crandic - 7.00 Notary Public ' - Creekside 7.00 ' ' Happy Hollow , 10.00 '.R. $HARONSTUBB$ Hickory Hill, North. 12.00 1'; , HickoryeHill, South 10.00 . Mercer 12.00 h _ I North Market Square, 5.00 1 - Oak Grove 4.00 , Pheasant Hill 4.00 Reno Street 4.00 Sturgis Ferry /I 4.00 S I Sturgis Ferry /2 4.00 Terrill Mill 5.00 Villa 4.00 1 . ,, Wetherby 10.00 - ' . _ Willow Creek 12.00 • *For reservations more than 5 hours, fee will be double. • Shelters may be used free of charge without,r[3ervations, if available. 1! Users may, also be charged an additional amount to cover I - - employee,4,ages, including overtime, for supervision or p - - clean-up of the facility. - - L -__._.-_ _�_ - _ --- r , --- -- 13,11-d 6G- J✓ / of 3 - Sec. 25-37 Fees for use of recreational facilities: 1. Racquetball Court $2.50/hour 2. Swimming Pools - DAILY ADMISSIONS Youth Adult (3-15 yrs.) (16 yrs. s) All City Pools $ .75 $1.50. 20 punch swim card (20 admissions) $12.75 $15.00 Children under 3 years of age are admitted free. SWIM PASSES* Annual Summer Family $135.00 $75.00 (maximum of four people) Adult 80.00 45.00 Youth 55.00 30.00 Lap 110.00 55.80 Additional family members: First additional 27.50 15.00 Second and each additional 13.75 7.50 Prorated fees are available at certain times during the fiscal year. 'Non-residents of Iowa City add 50%. Section 2. That Chapter 32.1, 'Taxation and Revenues" of the Code of Ordi nand the City of Iowa City, Iowa, be, and the sameis 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 Saec. 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 additional 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 These user charges will be effective with the billing sent after the effective dates listed in the preceding chart. Sbec. 33-48 Deposit fee, combined, for 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. (c) Sec. 33-163 Water Service Charges: Monthly user charges for METER - water service for the first S12E Eff. Eff. ' Eff. two hundred (200) feet or (Inches) 9/1/86 9/1/87 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. Monthly user charge for MONTHLY water use in excess of 200 USAGE Eff. Eff. Eff. cubic feetper month. (Cu. Ft.) 9/1/86 9/1/87 9/1/88 Next 2,800 $ .75 $ .83 $ .87' Next 17,000 .45 .50 .53 Over 20,000 .40 .44 .46 OF FICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION ' Fee Fee d) During Normal After Normal Service Working Hours Working Hours Sec . 33-164 Fee for temporary water use during construction: a) Connection fee for $11.00 $30.00 1. installing new meter Single and two (2) family residences Five dollars ($5.00) 2. resetting meter Multi-familyresidences per month. Ten dollars ($10.00) b) Carding fee for shut-off $11.00 $30.00 Commercial structures per month, in collection procedure . Twenty dollars ($20.00) - per month. c) Check leaky meters and No charge No charge (e) meter connections Sec. 33-165 Fee for direct purchase of water Four dollars ($4.00) d) Frozenmeters $11.00 + cost $30.00 + cost � ' per one. thousand gallons or fraction of meter repair of meter repair , thereof. e) Shut-off service at curb No charge $30.00 + hourly (f) and check for leaks rate,for time over "! , Sec. 33=167 Fee for delinquent water service Three dollars ($3,00.) 1 2 hours % account for each water service f) Broken hydrant $11.00 + repair $30.00 + repair account not paid within cost cost / 30 days of billing date. ' g) Location of water mains.. No charge No charge i (9) for other utilities Sec. 33-169(a) Deposit fee, combined, for city water $50.00 per combined h) Location of water main No charge $30.00 + hourly and/or sewer and/or solid waste residential service for for private enterprise rate for time over collection service city water and/or sewer ,_ 2 hours and/or solid waste collection service, an - amount equal to the two i),Meter accuracy check at $30.00 Not done after month billing for customer's request normal working hours commercial service. (b) ,j) Miscellaneous services No charge $30.00 + hourly _ Sec. 33-169(b) Fees and charges for various consumer for other governmental rata for time over services agencies 2 hours - If service is requested outside normal working hours, a $30.00 Tap fees: after-hour fee shall be charged in addition to the normal working hour fee. In addition, when service time after hours exceeds two hours, an Size LE Corps Curbs Boxes additional charge will be added to cover equipment expense and actual employee wages, including overtime. The water service division's 3/4" $13.50 $11.05 $20.10 $27.75 normal working hours are 8:00 a.m. to 4:30 p.m. daily. 1" 17.40 17.45 34.00 27.75 SECTION 3. SEVERABILITY: If any of the provisions of this Ordinance are for 1-1/4" 22.90 33.20 55.30 38.80 any reason declared illegal or void, then the lawful provisions of this Ordi- 1-1/2" 28.00 45.95 73.70 38.80 nance, which are severable from said unlawful provisions, shall be and remain 2" 31.50 74.40 110.00 38.80 in full force and effect, the same as if the Ordinance contained no illegal or void provisions. , 1-1/4", 1-1/2" and 2" will require saddles which are to be SECTION 4. REPEALER: All ordinances or parts of ordinances in conflict with charged at the City's purchase price cost. the provisions of this Ordinance are hereby repealed. Installation and connection fees: SECTION 5. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and atter its final passage and publication as by law. Size 13.t Passed and app ved this day of April, 1988. • 6" $13.20 per linear foot 8° $17.10 per linear foot 10" $21.80 per linear foot O 12" $27.00 per linear foot ATTEST: "-/yy/�,y,��!���� � O 16" $35.80 per linear foot 1,117 Cl:haK `N^. 0.1 -S1 25213 April 13,19IM ec. 13 -169(c) Service Fees L _,--.. - to U ORDINANCE NO. 88-3372 AN ORDINANCE A+ERDING THE ZONING ORDINANCE BY CHANG- ING PM3rING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED EAST OF FIRST AVENUE EXTEPDED VIA HICKORY TRAIL. W-EREAS, the prcperty located east of First Avenue extended via Hickory Trail is located in an area zoned ID-RS; and WFEREAS, the Canprehensive Plan for the City of Iowa City shows Residential land uses at a density of 2-8 dwelling units per acre in the area contain- ing the subject prcperty; and W-EREAS, the existing development near the property is for law and median density residential uses for which the subject rezoning would be carpat- ible; and W-EREAS, lav density single-family residential uses are the most appropriate use for this area; and WTEREAS, because an adequate street network is essential to the growth and development of new or expanding residential areas it is necessary to provide for secondary access if the applicant pro- poses to rezone additional land to permit residen- tial develccnent; and WFEREAS, the applicant has agreed that no fur- ther rezoning of the balance of the applicant's property shall be allowed until secondary access is provided in accordance with the terns and conditions of a Conditional Zoning Agrearent, a copy of which is attached hereto. NOW, THEREFORE, EE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IQWA CITY, IOWA, THAT: SECTION I. ZONING ANEN}(NF. Subject to the terms and conditions of the Conditional Zoning A,greanent, the prcperty described below is hereby reclassified frau its present clas- sification of ID-RS to RS-5: Camencing at the Southwest Corner of the South- west Quarter of Section 1, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence N00°01'00"W, 660.00 feet; thence N8935'03"E, 1,297.55 feet; thence N00643122"W, 263.95 feet; thence S89°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 NB8°05'46"E, 187.87 feet; thence N01°22'58"E, 112.41 feet; thence FE8°26'44"E, 175.00 feet; thence SOOk)0'00"E, 399.07 feet; thence 508°00'00"E, 315.29 feet; thence S11°39'36"W, 251.82 feet; thence 505°00'00"E, 254.63 feet; thence S11°30'00"W, 162.53 feet; thence Southeasterly 35.25 feet, ala a 385.53 foot radius curve, concave Northeasterly, whose 35.23 foot chord tears 581°07'09"E; thence S06°15'43"W, 277.70 feet; thence 589°04'17"W, 170.00 feet; thence N04°55'26"W, 12.25 /t/ 2 feet; thence 588°54'34"W, 474.00 feet; thence 00°05148"W, 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 NCO°25'11"E, 23.47 feet along the Easterly Line of said Part Two to the Point of Beginning. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iova, to con- form to this amen iieit upon final passage, approval and publication of this ordinance as provided by law. SECTION III. COMITIONAL ZONING AGEEENENT. 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 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 atter its final passage, approval and publication as required by law. Passed and approved this 19th day of April, 1988. MA OR ATTEST: m � J d +/ CITY CLERK APP ED AS /O M aLEGAL DEPARTMENT 14 It was moved by Courtney and seconded by Strait that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco x Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration 4/5/88 Vote for passage: Ayes: Larson, McDonald, Strait, Ambrisco, Courtney, Horowitz. Nays: None. Absent: Dickson. Second Consideration Vote for passage: Date published 4/27/88 Approved as to Form Moved by Courtney, seconded by Strait, Leg 1 Depart en 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: McDonald, Strait, Ambrisco, Courtney, Dickson, Larson. Nays: None. Absent: Horowitz. '4 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa (City) , and Plum Grove Acres, Inc., an Iowa Corpo- ration (Developer) . RECITALS: WHEREAS, Developer owns a tract of land located in the northeast part of Iowa City, Iowa, legally described as fol- lows: Commencing at the Southwest Corner of the Southwest Quarter of Section 1, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence R00°01'00"W, 660.00 feet; Thence N89°35'03"F, 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"F., 287.94 feet; Thence N88°05'46"E, 187.87 feet; Thence NO1°22'58"E, 112.41 feet; Thence N88°26'44"E, 810.19 feet; Thence S00°32'0011E, 1,325.33 feet; Thence 500°10'32"W, 333.60 feet; Thence S89°04'17'W, 829.09 feet; Thence feet; Thence N04°55'26"W, 12.25 688°54'34"W, 474.00 feet; Thence N00°05'48"W, 83.75 feet to the Southeast Corner of Lot 53 of said Part Two; Thence N09°22'5311E, 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 Be- ginning. Said tract of land contains 42.54 acres, more or less, and is subiect to easements and restrictions of record and for conve- nience is hereinafter referred to as "Development Land"; and WHEREAS, Developer has applied to rezone the Development Land from the Interim Development-Residential Single Family (IDRS) classification to the Low Density Single-Family Residen- tial (RS-5) zone; and WHEREAS, the sole means of street access to the Develop- ment Land is via First Avenue and Hickory Trail; and WHEREAS, Developer has been unable to secure property through which to provide a secondary means of access to the City's street system; and ''1 -2- WHEREAS, it is City's policy, based upon safety concerns, to limit development in arras where secondary access is neither available nor planned; and WHEREAS, the parties have agreed that twenty-seven (271 is the maximum number of single family residences which may be allowed on the Development Land before secondary street access is provided to the area; and WHEREAS, Developer and City have now agreed to address said reservations and objections by reducing the area of land - to be rezoned to a portion of the Development Land consisting of 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°43'2294, 763.95 feet; Thence 589°43'1.6"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°22158"F., 112.41 feet; Thence N88°26'44"E, 175.00 feet; Thence 500°00'00"E, 399.07 feet; Thence 508°00'00'E, 315.29 feet; Thence S11°39'36"W, 251.82 feet; Thence S05°00100"E, 254.63 feet; Thence 511°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 581°07'09"E; Thence S06°15'43"W, 277.70 feet; Thence S89°04'17"W, 170.00 feet; Thence N04°55'26'W, 12.25 feet; Thence S88°54'34"W, 474.00 feet; Thence N00°05'48"W, 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 Be- ginning. For convenience, the above 18.43 acres, more or less, is here- inafter referred to as the "RS-5 Tract". Further, City and Developer have agreed that no further rezoning or subdivision of the Development Land shall be allowed until a secondary street access is provided to the Development Land. -3- NOW, THEREFORE, City and Developer agree as follows: 1. City agrees to the rezoning of the RS-5 Tract as le- gally described above to Low Density Single Family Residential (RS-5) zoning classification. 2. Developer agrees that City shall not be obligated to rezone or approve subdivision plats for any more of the Devel- opment Land (except the RS-5 Tract) until secondary street ac- cess has been provided to that Development Land. 3. City and Developer agree that prior to the issuance of building permits for lots in the RS-5 Tract, Developer shall file and obtain City approval of a subdivision plat or plats, and shall contract for and install such public improvements as the City may require pursuant to its ordinances, rules, and regulations. IN WITNESS WHEREOF, the parties hereto have caused this Conditional Zoning Agreement to be executed as of this 19th day of April , 1988. CITY •F IOWA CITY, IOWA BY: i / / •. n MCDonal:, Mayor ATTEST: Mar an K. Karr, City C erk PLUM GROVE ACRES, INC. BY: /c-S/uuL £ Bruce R. Glasgow, Pr sident BY;�(�. `! ..yy(, Frank Boyd, Secr tare STATE OF IOWA ) 1 SS: JOHNSON COUNTY 1 On this jin day of April 1988, before me, the undersigned, a Notary Public in and for the State of Iowa, per- sonally appeared John McDonald and Marian K. Karr, to me per- sonally known, who, 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 affixed hereto is the seal of said municipal cor- lel . . 4 poration; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said John McDonald and Marian K. Karr acknowledged the execution of said instru- ment to be the voluntary act and deed of said municipal corpo- ration, by it and by them voluntarily executed. Ufa --C Notary Public in and tor the State of Iowa. STATE OF IOWA 1 SS: JOHNSON COUNTY 1 1.41 On this ) U/l day of Minot, 1988, before me, the undersigned, a Notary Public in and for the State of Iowa, per- sonally appeared Bruce R. Glasgow and Frank Boyd, to me person- ally known, who being by me duly sworn, did say that they are the President and Vice President and Secretary, respectively, of said corporation executing the within and foregoing instru- ment; that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Bruce R. Glasgow and Frank Boyd, 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. LPUblicth a. and for the 1/State of Iowa. 02/45-01-70 l" CITY OF IOWA CITY CIVIC CENFER 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. 88-3377 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of April , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 27th day of April , 19 88 . Dated at Iowa City, Iowa, this 5th day of May ,19 88 . Ra ona Parrott, Deputy City Clerk ' OFFICIAL PUBLICATION Said tract offend contains 42.54 acres, more or less.and Is sublect to easements and restric- GOENNpE b, 88-317e tions of record and for convenience is herein. after referred to as"Development Land';and AN 17TOIN0`YE AIMINGTIE ramDOIIWYF BV DarrWHEREAS, Developer has applied to rezone the Development Land from the Interim Devel- UI)1W USE IEG3Anas 6 CFHI'PIN IRVERTY lffA7ED o menl.R esidentlal Single Family (IDRS) FAST OF FIRST AVENUE EnTDEDVIA H10(ORY TRAIL. classification to the Low Density Single-Family Resmential(R5-5)zone;and ' k1EfEA5, the property located east of First WHEREAS,the sole means of Street access to Avenue extended via Hickory Trail is'located..in an theory Trail;at Land is via First Avenue and area Zoned ID-R;and WHHickory 7raih and cure AS, Docer has been unable to Cory here vPlan for the City of secure property through which to provide a . fen City 51M Residential lard uses at a density secondary means of access to the City's street _ - of 2-8 Welling units per acre.in the area certain-. system;and ing the subject prgrrty;and WHEREAS, it is-City's policy, based upon NERDS, the existing developieit rear the ,safety concerns, to limit development In areas ' prteerty is for the and irediun density residential where secondary-access is neither available nor Y plannetl;end ' uses for Mich the subjectrezoning would he moat- WHEREAS, the parties have agreed that i • r idle;lite-PEAS,aid. , twentsingle seven (27) is the maximum number oflite-PEAS, low density single-fanny residential. single family residences wnicn may be allowed uses are the est appropriate use for this area:and on me Development Land before secondary IREfEAS, because m'adequate street net+grk is l street access is providedeope to the area;and essential to the glom art tlevel WHEREAS,.address said and anCiti have now rillblt of tea or agreed to reservations and ob- emending, residential. areas it is necessary to leetiens by reducing the area of land to be re- provide fon secondary access if the aretieare Pu- zoned to a portion. of the Development Land penes to rezoe atldicimal tam to permit resirin- °0iisisiiny of olio acres, more or less, legally tial development;and described asn follows:: kfEJEAS, the applicant has agreed that re fur- , Commencing at the QuarterofSouthwest Corner of Nrr miming of the balance of the alglrcant's the Southwest of Section 1, secondary Township 79 North, Range 6 West of the Printer's fee S2,104.- viday in acll dnce with thwed e terns ltconditions Finn Principal e660.0000ifeet Thence of a Conditional Zoning AG'eetet, a spy of ranch N4O035'03"E,1,297.55 reef Thence ' is attached hereto. N00°43'22"W,U1.415 feet;,Thence CERTIFICATE OF PUBLICATION tDw; 1HDEF»IE, If IT Om zrO BY TIE cm come 1of Loi n o First-and feet the OF 11€CITY OF 1044.CIIY, T04A,1144T: Part Two and the Point of beginning; STATE OF IOWA, Johnson County, ss: SECTION I. ZDBNG R'EfOeT. Thence Nd0°25'11"E 287.94 feet; Thence THE IOWA CITY PRESS-CITIZEN , Caditiiooral Zming Agent°the rtyy5eof the 1 eser ed Nal 22'SM8'E;112Al 7 feeeel;Thence ' - dello is hereby reclassified free its present cies- I NBe426'44" ,175.00 feet;Thence slficetim of 10-R to RS-5: SOe°00'00"EI 399.07 feet;Thence _ SI l°39'00"EW 315.29 feet;Thence CQuarte ng at the South es.Cotter of the Smih- 511039.36" ,251.82 feet;Thence + west Quarter of Section 1, tp 79 North, Pante SI 1000'00"E 254.63 feet Thence I 6 Pest of the Fifth Principal Meridian.; thence 511°3000"W,162.53 feet;Thence MO°Ol'00'lfe rifi0,00 feet-, thence rB9 'SET"E, Suit radius 35.25 feet, along a 385.53 Carol Barr, beingdulysworn, saythat I • 1;292.55 feet; thence NO043'22'14, 253,95'feet; felt whose- curve,.23ffoot chord rstneast-- thence '599°43'16"E, 302.29 feet to the Northeast w581°07°,y E; fThenced 5006°15'43"W am the legal clerk of the IOWA CITY ' Comer-of lot 73 of First and Rxhester, Part Two 277.70 feet; Thence S89004.17"W, 170,00 PRESS-CITIZEN, a newspaper and care Point of B�inni g; bars x0°25'11"E, • feet: Thence NOAo55'26"W, 12.25 Ieeh 287.94 feet;thence ra8't6'46"E,187.87 feet; thence Thence 58e051'3a"W 474.00 feet;Thence published in said county, and that a x01°22'58"E,112.41 feet; thence x19°26'44"E,175.00 N00°O5'48"W 83.75 feet to the Soutneast notice, aprinted feet; mance 500°00'00"E, 399.07 deet; thence Corner of Lot 3 of said Part long copy of which is hereto SCePoO'OO"E-315.29 feet: there SI]°39'36'14,251.87 Thencea xrly Line 242.84 feet Two:- . oo; attached, was published in said paper feet; there S05°W'001E, 25x4.63 fret; mere ThencesNI8034 W°E(356.00 Partealo l°g- '�' Sll°31:00'14, 162 53 fret, bene SpdhasterT the EasterlyLL�ine of said Part Wong time(s), on the following feet, slog a ffi.53 foot radius neve, m6rasee }henEasteerlyi LineEof 321.25aPart Two; date(s): Northeasterly, whose 35.23 fat decd tears Thence N.. 38'l4"E; 201.75 feet along 48ald-ien?‘ 581°0709"E; thence S06°15'43'14 27770 feet; mare the Easterly Line of said Part Two; „r /��� eet-939° 17 K 170 00 feet; thercE x fe t; 12.25 EasnceN Line sen d3Pa recce o tg the !'/ feet thence S88`eet to 474.00 feet; thence EasterlynLine of said Part Two to the ODMS 4834 83.75 feed to the Southeast Caner of Point Beginning. Lot 53.of said Part Two thence fDA?2 9"E,242.84 For convenience1 the above 18:43 acres,more feet a1 the Easterly- Line of said Part Two; Tracts. is hereinafter Cr referredto a Develop./ have or'9 YTract".thatFnfu Cityr andior.svb tvi haon of / thenceire' saiid POE 356.00 feet slag the,Easterly e nofurther shall be or lobes uion of �� j ai feet al said Part Two; thence of saPart 321.25 the Development..Land shall allowed until a - il.I !�/� feet alvq the Easterly. Line of said Two; De- velopment'Ltand� access is provided to the DC- tlxvre WSnJO'l4 E, 261.75 feet slag the.Easterly NOW, THEREFORE, City and Developer -`` - Legal Clerk Line of said Part Two; there txi3°25'11"E, 23.47 agree as follows: feet along the Easterly Lire of satd'Part Two to the 1. City agrees to the rezoning ofthe RS-5 'Point of Beginning. Tract asBell described above to L Density Subscribed and sworn to-before me SELnov TI. byfre mo. The Building Inspector Single Family Resmennal (RS-5)zoning classi- is hereby authmierd and directed to change the fieation. • I Zmiig flap of the.Cityaf Ian City, Iwa, to m. ligated Developer oorewne`or approve subdivision pldltrs � fame to this avend�mt teen final passage, approval for any more of the Development Land (except the day of / , A.D. and publ icatim of this ordinance as provided he the RS-5 Traci until secondary p street access 7 sECTTW PTT. c OIT10vae ZOvlrs AG BElel, The h 3.as Ciity n and iDevelopto eertagree�thaeggrrior to the OP'" Payor is hereby authorized and directed to sign, and issuance of building permits for lots In tile RS-5 19 1 1 , the City. Clerk to attest, the Conditional Zoning proval of a(subdivision file aand r P ant,andyshell Agreeetmt. , contract for and Install such public Improve- Nee / .fes n SECTION Iv. F4Eif61 FR. All ordinances and parts I meets as the City may require pursuant to its 'e V of udvynces In conflict with the provision of this ordinances,rules,and regulations. ordtnance.arehereby repealed. IN WITNESS WHEREOF the parties hereto Notary Public SECTION V. SEPRABTLDY, If any section, • have caused this Conditional Zoning Agreement provision a-part of the Ordinance shall headjWgm o be executed as of this 19th day of April,1988. CITY OF IOWA CITY,IOWA J SHARON STUBBS • to be invalid cr itutlmal,such adjudication /s/JOHN McDONALD,MAYOR shall not affect the validity of the Ordinance as a ATTEST: J whole.a any wetter, provision m part thereof not /s/MARIAN K.KARR - adjudged invalid a-uncerstitutimal. (CITY SEAL uE RK SEiTlgi VT, Er7EC174E 001F: This Ordinance (SEAL OF CITY) shall be in effect after its final passage, approval PLUM GROVE ACRES,INC. BY: CE R.GLASGOW and Wbliraard as required by law., President _ Pas and approved this 19tday of By/s/F RANK BOYO April, $8. Secretary.IOWA STATE OF IOWA, JOHNSON COUNTY)SS; N7YOR On tnis 19th day'of Apra,1988,before me,the undersigned, a Notary-Public In and for the State of Iowa, personally appeared John Mc- Donald and Marion K. Karr, to me personally RTIESTo known, woo, being by'me duly sworn, did say feat they are the Mayor and Cly Clerk,respec- • ' tively of said municipal corporation executing CONDITIONAL.ZONING AGREEMENT ' the within and.foregoing instrument;. that the ( - seal affixed nereto is the seal of said municipal - THIS AGREEMENT Is made by and between I corporation; chat said instrument was signed the City of Iowa City, Iowa (City), and Plum 'and sealed on behalf of said municipal corpora- ... - e GroVe Acres, Inc., an Iowa Corporation tion by authority of The City Council of said (Developer). municipal corporation, and that the said Jonn RECITALS McDonald and Marian K. Karr acknowledged WHEREAS, Developer owns a tract of lend tne execution of said instrument to be tae vat- located in the northeast pan of Iowa City,Iowa, unary act and deed of said municipal corpora- legally describedas follows: tion,by it and by them voluntarily executed. Commencing at the Southwest Corner of /s/GINA O'DONNELL. the Southwest Quarter of Section 1, Notary Public In and For I, Township 79 North, Range 6 West of the tree State of Iowa. Fifth Principal Meridian; Thence (NOTARIAL SEAL) ' Nm°01'00"W;660,00 feet;Thence STATE OF IOWA, N89°35'03"Ee 1,297;55 feet;Thence 'JOHNSON COUNTY,55: „ `+o,aa.•..••. .•.+•' =1+iwna••n^.•.T".cczewa-rnia< N00943'22"W,263.05 feet;Thence. On this 14M day of March, 1988, before me, 589043'16"E, 30229 feet to the Northeast the undersigned,a Notary Public in and for the Corner of Let 73'of First and Rochester, State of Iowa, personally appeared Bruce R. Part Two and the Point of beginning; Glasgow and Frank Boyd, to me personal) Thence N00425'11"E,287.94 feel; Thence known, who being by me duly sworn, did say N88005'46"E,187,87 feet;Thence teat they are the President and Vice President N01°22.58"E,112.41 feet;Thence - and Secretary, respectively,of said corporation N88°26'44"E,810.19 feet;Thence executing enc within and foregoing Instrument; 500032'00"E,1,325.33 feet;Thence that no seal has been procured by the said cop S00°10'32"W,333.60 feet;'Thence poration; than said instrument was signed on 01 0 589004'17"W,829.09 feete Thence behalf of said corporation by authority of its 55'26"W,12.25 feet;Thence Board of Directors; and that the said Bruce R. 588°51'31"W,47400 feet; Glasgow and Frank Boyd, as such officers ac. Thence Na0°O5'48"W, 83.75 feet to the knowledged the execution of said instrument to Southeast Corner of Lot 53 of said Part- be the voluntary act and deed of said corpora• Two; Thence N(19022'53"E, 242.84 feet lion,by it and by them voluntarily executed., along tile Easterl Line of said Part /s/JOHN D.CRUISE Two; Thence NI '00"E, 356.00 feet Notary Public in and for along the Easter y Line of said Part the Stateof Iowa.. .. ' Two; Thence N0415'00"E, 321.25 feet fNOTAR I AL SEAL) along the Easterly Line of said Part (02/4501-70) Two; Thence N25311'14"E, 2e1.75 feet 25460 April 27,1988 along the Easterly Line of said Part Two; Thence NW925'11"E, 23.47 feet _alongg Inc Easterly Line of said part TWO ri°-`P•='s^'•"'n°s"r'.'va»mzras»xsd Sla'wtiT"''•- „ "TeX ORDINANCE NO. 88-3373 AN ORDINANCE MEDING TIE ZONING ORDINACE BY CHANG- ING 1}E ISE REGULATIONS OF CERTAIN PROPERTY LOCATED ON CAMBNRIA COURT NJRTH OF CAE DRIVE. WFEREAS, the property is located in an area zoned PDH-8, Planned Development Housing Overlay Zone; and WHEREAS, the Carprehensive Plan for the City of Ione City shays low density residential use at a dwelling unit density of 2-8 dwelling units per acre; and WHEFEAS, the existing developient near the property is for law to medius density residential uses for With this request would be carpatible; and WHEREAS, medium density residential uses are the most appropriate use for the area; and WHEREAS, the proposed rezoning would result in a decrease in developnent density, consistent with surrounding uses. NOW, 11-EFEFORE, EE IT ORDAINED BY TIE CITY COUN- CIL OF TIE CITY OF IOWA CITY, IOWA, THAT: SECTION I. MINI ENT. The property described below is hereby reclassified fran its present clas- sification of PDH-8 to i&3-8: Lot 93, Ty'n Cae Subdivision, Part 2. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iara City, Iara, to con- form to this anardrent on the final passage, ap- proval 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 this Ordinance shall be ad- judged to be invalid or unconstitutional, such adju- dication 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 V. EFFECTIVE DATE: This Ordinance shall be in effect afterits final passage, approval and publication as required by law. Passed and approved this 19th day of April, 18. / 090 ( p• ATTEST: i4;i 7Y 7i rn) CITY CLERK APP(�Q�(EDORM iper LE AL DEPARTMENT /!r 2 It was roved by Ambrisco and seconded by Strait that the Ordinance be adopted, and upon roll call there were: AYES: WAYS: ABSENT: X _ Atrisco -----X _ rt Couney -----X Dickson — X Horowitz X _ Larsen X McDonald X Strait First Consideration Vote for passage: Second Consideration 4/5/88 Vote for passage: Ayes: Horowitz, Larson, McDonald, Strait, Ambrisco, Courtney. Nays: None. Absent: Dickson. Date published 4/27/88 Approved as to Form , 34 TA Moved by Ambrisco, seconded by Courtney, that the Legal'i=.•rhrent 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: Courtney, Horowitz, Larson, McDonald, Strait, Ambrisco. Nays: None. Absent: Dickson. /5 CITY OF IOWA CITY CIVIC CENFER 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. 88-3373 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of April , 1988 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 27th day of April , 19 88 Dated at Iowa City, Iowa, this 5th day of May ,19 88 (12-“2, 7/- am na Parrott, Deputy City Clerk • . OFFICIAL PUBLICATION G Of iii4NCE P . 88-33'3 Printer's fee AN OROINMCE MEtOING TEE ZONING O1DIl a 8Y o- 3 iNG TEE USE REGIAATIONS OF CERTAIN POEM LOCATED CERTIFICATE OF PUBLICATION al ovialIA COJRT WITH OF CAE DRIVE. it, STATE OF IOWA, Johnson County, ss: W-ERF s, the property is located in an area THE IOWA CITY PRESS•CITIZEN Zed Planned Cpvelopent Housing Overlay g Zone; and 1 WHEREAS, the Comprehensive Plan for the City of loo City sheds low density residential use at a dwelling unit density.of 2-8 dwelling units per acre; and I.FfRFAS, the existing develcpent peer the I, property is for 1pr to nediun density''' tial Carol Barr, being duly sworn, say that I uses for which this request vauld be carpet e;and WHEREAS,nediun density residential uses"are the am the legal clerk of the IOWA CITY mast appropriate use for the area;and WHEREEAS. the proposed rezoning would milt in a PRESS-CITIZEN, a newspaper decrease ;n Bevel quem density, consistent with published in said county, and that a surrxud;rg uses. Xf NOW, TEEREFORE, BE IT TWINED BY TEE iTY COIN- notice, a printed copy of which is hereto CIL OF TFE CITY CF IQl4 CITY, law, TEAT:: attac ed, was published in said paperer{� i• �• The property described i _ _ below is hereby reclassified fron its p dent clan- _ _ time(s), on the following sification of POH-8 to RS-8: 1 • date(S}: Lot 93, Ty'n Cae subdivision,Part.'?. SECTION lI. ZONING WP. The Brildir jnspector di i is hereby authorized and directed to. ge the fir ,t,j. 7 /� f�� zoning pep of the City of Iowa City, Ia6,to n- ` /C/90 • ro fern to this mrndient on the final passage, ap- proval and publication of this ordinance as provided by law. SECTION III. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of 1 .404:1 this ordinance are hereby repealed. SECTION IV. SEVERABILITY: if any section, • provision or part of this Ordinance shall be ad- Legal Clerk judged to be invalid or unconstitutional, such adju- dication shall not affect the validity of the Ordinance as a %bole ar any section, provision or • Subscribed and sworn to before me part thereof not adjudged invalid or unconstitu- tional. SECTlCN V. EFFECTIVE BATE: This Ordinance shall be in effect after its final passage, approval and thi AP 4A-1day o J _-, A.D. publication as required by law. Passed and approved this 19th dayl.oi:1nr11, /le 1188. 1 ill r • �.ar... �..r. .. ATTEST' .. tfo an J Notar Public C� ilo`' `'F SHARON STUBBS 25457 April 27, 1988 1 ORDINANCE NO. 88-3374 AN ORDINANCE TD AMEN] SECTION 36-58(g) OF THE MU- NICIPAL DIE RELATING TO THE STORAGE OF SPECIAL VEHICLES AND WATERCRAFT. WHEREAS, certain iters, such as semi-trailer trucks, and recreational vehicles, and boats on trailers, are larger than regular family vehicles, such as automobiles and vans, and may be obtrusive if parked or stored in residential areas; and WHEREAS, it is in the public interest to regulate the location of storage areas for special vehicles in single-family residential areas in order to minimize the negative impacts of such vehicles and watercraft on neighboring properties, while respect- ing the right of individuals to am and use such iters. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENTS. Section 36-58(g) of the Code of Ordinances is hereby deleted and the follow- ing is inserted in lieu thereof: (g) Special Vehicle and Watercraft Parking and Storage. (1) General Provisions. a. Definitions. Special Vehicle. Every device, more than seven and one-half (7-1/2) feet in height and more than 20 feet in length, which is or may be transported or drawn upon a highway, street or body of water, including without limitation, any rotor vehicle, truck, trailer, tractor, wagon, watercraft, or any combination thereof, exceeding these dimen- sions. Storage area. A space, equal in size to the outer perimeter of a special vehicle, used for storage of such a vehicle. b. Except for the purpose of making local deliveries, no vehicle designed for the shipment of detonable or flammable solids, liquids or gases shall be parked or stored on any lot in an R zone. c. Commercial vehicles more than 7 1/2 feet in height shall not be stored in any residen- tial zone. (2) Requirements. In the RR-1, RS-5, RS-8 and RS-12 zones, special vehicle storage shall comply with the following requirements: a. No special vehicle may be stored in a front yard, except on a regularly constructed aisle for a period of no more than four days for the purpose of loading aid unload- ing. /40 Ordinance No. 88-3374 Page 2 b. A special vehicle may be stored inside any building provided it is not stored in a required parking space. c. A special vehicle stored outside a building shall: 1. Belong to the owner or tenant of the property on which the vehicle is lo- cated, except for special vehicles of guests, as provided in subsection 3 below; 2. Be in operational condition and prop- erly licensed as required by state or federal law; 3. Not be used for dwelling purposes except by guests of the property owner or tenant for a period of no more than 21 consecutive days or 45 days in any calendar year (an extension may be approved by the City Manager or his/her designee); 4. Not be used for storage of items other than those considered to be part of the unit; and 5. Not be parked or stored upon a vacant residential lot. d. A special vehicle may be stored outside a building in the required side yard (except along a street) or in a required rear yard, provided: 1. The vehicle is no closer than three (3) feet to a side lot line, or to a rear lot line of a reversed corner lot; 2. The storage area is surfaced with crushed rock, asphalt, concrete, or a similar surface designed and maintained to prevent middy conditions, erosion, the flow of water onto adjoining prop- erty, and weed growth. In cases where crushed rock is used, the perimeter of such storage area shall be defined by bricks, railroad ties, or similar materials; and 3. No more than 30 percent of a required rear yard may be occupied by accessory structures and a special vehicle stor- age area. e. The City Manager or his/her designee may permit outside storage of a special vehicle in the required front yard, or the required side yard along a street, provided: 1. Storage space is not available in or there is no access to either the side or rear yard. For purposes of this section e, a corner lot shall always be Ordinance No. 88-3374 Page 3 deemed to have access to the rear yard; and accessory structures and buildings less than 160 square feet in area, or vegetation which is transplantable, are not deemed to prevent access; 2. Inside storage is not possible because the size of the special vehicle exceeds either the space available or the size of the entrance available in any exist- ing building, or both; 3. The special vehicle is parked perpen- dicular to the street; 4. A planting screen is planted and main- tained in accordance with the Fence and Hedge Requirements, Section 36-65, and the Performance Require ents, Section 36-76(j). 5. No part of the special vehicle extends beyond the property line or over public right-of-way. f. Non-conforming Storage Areas. 1. A special vehicle power or lessee may establish non-conforming status for a special vehicle storage area which, on the date of adoption of these regula- tions, is located in a required front yard, or the required side yard along a street, if it can be demonstrated that there is no access to either the side or rear yard. If access to either the side or rear yard is available, a non-conforming storage area shall be relocated to either the side yard or rear yard within two (2) years after passage of this regulation. 2. Nm-conforming status for a special vehicle storage area shall be estab- lished by submitting to the Department of Housing and Inspection Services by (12 months after the date of adoption of these regulations) a plot plan shay irg the location, design and size of the storage area, and the surface material existing on the storage area. 3. Should any property be sold, conveyed or transferred, the special vehicle storage area shall thereafter carply with the provision of this section. 4. After (12 months after the date of adoption of these regulations), non- conforming status of existing special vehicle storage areas may not be estab- lished. ICS Ordinance No. 88-3374 Page 4 5. A non-conforming special vehicle stor- age area which is not used for a period of one (1) year, for any reason, inten- tional or otherwise, shall not thereaf- ter be permitted for special vehicle storage unless the area is brought into full coTpliance with these regula- ticns. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, 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. 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 April, 1988. /_ / i/ ATTEST: (74.4;. C) -4-) CITY CLERK : • � � FORM LEGAL DEPARTMENT Ito Ordinance No. 88-3374 Page 5 It was moved by Ambrisco and seconded by Strait that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney Dickson X Horowitz X Larson X McDonald X Strait First Consideration 3/8/88 Vote for passage: Ayes: Dickson, Horowitz, Larson, McDonald, Strait, Ambrisco, Courtney. Nays: None. Absent: None. Second Consideration 4/5/88 Vote for passage: Ayes: McDonald, Strait, Ambrisco, Courtney, Horowitz, Larson. Nays: None. Absent: Dickson. Date published 4/27/88 • /� CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CIJY, 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. 88-3374 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of April , 1988 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 27th day of April , 19 88 Dated at Iowa City, Iowa, this 5th day of May ,19 88 . 1— Th a ona Parrott, Deputy City Clerk - ---- • OFFICIAL PUBLICATION OOINN�NJ. gg-337d dares to have access to the rear yard; and accessary stuctwcs and bulltlirg5 AN tlO1NNltE 70 N40 SECTION!3618(9) R TIE MI- less than 168 spare feet in area, or NICIPAL tiff IBiA11ms TO TIE STS 6 SF€CIA1 rotete Owned tot pr vetis accels;table,are VBIICLE NO IiIIIICAFT. ! stto prevent access;si 2. Inside storage is rot possible hrwse *RAS, Certain stela, Sudo as sold''-treila the.size of ptha special vehicle) size _ trucks,.W redes[faal vehicles, and boats on ofeitineher the space available or the size trucks,. .are of the Entrance available in any etist- I , larger than regular family vehicles, inn building,or both; such as Stabiles ard vans, and rot be gbtruslve 3. The Sr to vehicle 1s peke porpm- i/phrkBd Sinai in residentpublic arrays; n diculV m[he street; • .k in the public interest to rrryalate 4. A planting screen is planted and nein- . the loot. storage areas for special savories taint in accordance with the Fence and nksi de y residential areas in ( m Hedge Repuirezm6x t5, Section 36- , and mi Motorized a raft negative such of suted Icaes and , the pe,yomarce Requirerent5, Section properties,while reeCect- ir the-rigt of individuals to an ante WuN's36-par item. 5. Ib partt • of the special vehicleectads ICU, hEf68Ff, BE IT OalAif€)BY Tip CITY 0111- „ r the fweil ty line or over public ... . .... CII.6 11E CITU 8F l CITY, INA,TINT; fon-confornhg Storage Areas. • SECTIOI.T. Nf)OIOIIS. Sation 36-58(9)of Me �1 1 d 1. especial vehicle arae o lesser na OreorOitiin is hereby deleted and the follao establish norccntamirg stems for a • a7 inserted in lieu thereof: special vehicle storage area Mich, on (g)SagSmecial Vehicle ad Watercraft Parking_and the date of akptim of these regula- Stro Printer's fee$ (I) Bowel Pwlstos. tions, is located in a required front a. Bel nitici Previte. yard,or the,requirei side yard along a Sehicle. Every device,eve than street, if it can to den stratei that lcciat V CERTIFICATE OF PUBLICATION sedan ad one-half (7-1/2) feet in height there is no access fm either he side and Ione than A feet In length,Mich is err or rear yard.. If access to either the ' STATE OF IOWA, Johnson County, ss: nay m trmaportd ar deal harm,a highay, side a rev yard is available, a Street er body of water, incldirg without roh-rmfmning storage area shall m 'j THE IOWA CITY PRESS-CITIZEN relocated withinto either the.side yard er trail,', t any rotor vehicle, a-any rear (2) yearafter 9 trailer, trycmr, lagan,watercraft, or any of thisregulation.two rmb4etim'lhamf, eacedirg these dkcel- passage this Sims. 2. ikrrcpnformirg status for a special Stdage area. A space, epal-in size to vehicle stater eibni area shall DQ estab- the Data patneter of a special'Veda., lishd by whnittirg m the Services vicesl by , I' used far•5mrage of such a veakle: of auslrcy and Ihspecdat Of ices by I Carol Barr, being duly sworn, say that I b. Except fm, tae repose of Pekinglocal of these; aftether date p anan°se eh am the legal clerk of the. IOWA CITY stew- del re vehicle designed for the I irg the laratdm, design and size of pleat cf detgdble or flapehle solids, the storage area, and the surface PRESS-CITIZEN, a newspaper liquids or goes shall be parked Pr stored nate-lel existing m the storage area. m any lot 1n an R zme. 3. Sinuld any published in said county, and that a C. mmecial %Okles ere than.7 1/2 feet inf rt,property be sold, vehicle notice, aprinted heightshall not be stored in rhesidm- or transferral, the special vehicle copy of which is hereto that e. ars storage area shallnthereafter wryly attached, was published in said paper (2) Regdrmets, In aro la-1. re-5, Rare ard with the provision of this section. AS-I2 mom, special vehicle sterapr shall 4. After (12 ninths after the date. of J time(s), on the following coyly with the foliating reuireieds: adoption of thea repllatiom), ron- • date(S): a. lb special vehicle Irey be stead in a front cdrfst status of existing special yard, accept. m a rgsilerl y. postnatal livehicleedstorage areas may not be esmtl- l� /��� aisle for a paiad of rho rtore d Lollard- inch na• A cion-. ,R days for the purpose of lwtling ad 5. Anon ten/timing special vdhkle stor- age . ofone(1) years fu any reaarea Wan Is nct used son,or inter-- , period A special vehicle nay be stored imide any w. building provided it is not stored in a ttaal or otherwise, shall rot thereof• - ' building parking space. s m unlesstth for special rankle C. A special vehicle stored outside a building sheared iethe area is brsagnt into N shell: full cmpltance with these.reyula- j 41,/ a 1. Meng to the over m team,of thectiH. tions. Legal Clerk property on Nota the vehicle is lo- Odd l legoof a whim=jaw., em.is�o parts o u s g rated, except for special vehicles of Iry guests, as provided in wbsectim 3 I ord isanae'are nerdy m'yeald. a-ill. SEVERABILITY. If any section, Iran- Subscribed and sworn to before.me 2. ee in operational militia and prop site ne part err the adhharce sall,be adjudged to alt licensed a require by state a be local id or uthe titatioel, suds adnudication • peered lore, shall not.affect the validity of the erOrdinance as a this da of 3. Net he mod for [telling purposes Mole section, apo t,thereof not Y , A.D. excwt by 9xsts Raevty o+wn adjudged invalid a uncamtimtioal. or tahmt fora pend of Inn than to in fe atter- s tine. This apnceov sail l 21 notice days a-45 days in any 1E in effect Atte' Its teal passage, ryyrwel at I I / calendar year (an a emim rity be publication as rewired d by lou. approved by the City teenage-or his/he Pas and approved this 19th day of April, 1 OFO.a. lilt'a use); fa-storage of kers 1988.e other ,' / 4 // m than those. sthred m be part of the Ser /" .,. I''.Notary Public unit;and 5. tot be,parlid or stand was a vacant residential lat. SHARON STUBBS d. A special vehicle tory be staid outside 0 'ATMS; �jaa n 7e1-44")building,in the required sick yard (ecce* a alae street)a in a ropiredrear yard, 2,5463 April 27,1988 1. lyre 1. The rankle is no closer than tree(3) - j feet m a side lot line,or m a roar m[ lire of a reversed corer lot; ,• . 2. The storage area is ehrfecel with ' [eland rock, asphalt, concrete, a- a - sinflar surface designed ad hon inthined to prevent noddy adms, erosion, the flow of rata onto onto,adjoining prop- • arty, and sari growth. In rases%here crushed roc is used, the pa refer of ' • such storage area W1411 be defined by • • belch, railroad [dei;. or Stiller _ materials;ad ... 3. re)ultra than 38 percent of a rerlufrd . .star yard may be occupied by aessory structures and a special vehicle story ' • age area. e. The City outside or his/her mstgue may omit outside storage of a special vehicle in the required front yard,or the reWird .. side yard along a street,prodded: 1. Storage space Is ret available In de tae is ro access to either the side or rear yard. For purposes of this • °.'2y.section e,a corner lot shall alleys be ezVAFi•.z,(i r_-..'h.ynt.C,4 trrn7 larrt� ...e -1..,p+••acrs 2CSI v. 'SF;r42hpr: .•t ,n.. __ ____ _ __ _ _ ORDINANCE NO. 88-3375 AN ORDINANCE ANENOING CNAPTER 9.1 ENTITLED "CITY PLAZA" CF THE CODE CF ORDINANCES CF TFE CITY OF IOWA CITY, IOWA, BY AdE1EING SECTION 9.1-4 TIEREIN TO PROHIBIT AND REGIAATE TIE ISE CF BICYCLES, SKATE BOARDS, ROLLER SKATES ANO COASTING OF ANY KIND IN T}E CITY RAZA. BE IT ORDAINED BY TIE CITY COUNCIL CF TIE CITY CF IOWA CITY, IOWA: SECTION I. That 9.1, "City Plaza" of the Code ofrdinances of the City of Iowa City, Iowa, be, and the same is hereby anended by repealing Section 9.1-4, and enacting in lieu thereof a new section to be codified the sane to read as follows: Section 9.14. Bicycle, Coasting, Skating Regulations No person shall ride a bicycle within City Plaza. No bicycles shall be left unattended within City Plaza unless located in a bicycle rack. No person shall coast, slide, roller skate, skate board or use any other such coasting or wheeled device within the City Plaza. Wheel chairs and other wheeled handicapped assistance de- vices Wien used by a handicapped person shall be exeipt from the provisions of this section. Violation of this section shall be punishable as a misdereanor. SECTION II. 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 fran said unlawful provisions, shall be and renin in full force and effect, the sane as if the Ordinance contained no illegal or void provisions. SECTION III. EFFECTIVE DATE: This Ordinance shall be in full force and effect frau and after its final passage and publication as by law provided. Passed and approved this 19th day of April, '88. MAYOR -pki *LA..) CITU C L../tee to Form '� .3/3•/87 Lega I-..rtrren 17 It was moved by Dickson , and seconded by Strait that the Ordinance as read be adopted and upon roll call tere were: AYES: NAYS: ABSENT: X AMBRISCO X COURTNEY X DICKSON X HOROWITZ X LARSON X MCDONALD X STRAIT First consideration Vote for passage: Second consideration 4/5/88 Vote for passage: Ayes: Courtney, Horowitz, Larson, McDonald, Strait, Ambrisco. Nays: None. Absent: Dickson. Date published 4/27/88 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 be waived and the ordinance be given second consideration at this time. Ayes: Ambrisco, Courtney, Horowitz, Larson, McDonald, Strait. Nays: None. Absent: Dickson. / 7 CITY OF IOWA CITY CIVIC CENFER 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. 88-3375 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of April , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 27th day of April , 19 88 Dated at Iowa City, Iowa, this 5thday of May ,19 88 . Ramona Parrott, Deputy City Clerk • OFFICIAL PUBLICATION aaINaRE PO. 88-3575 Printer's foe S✓ m a iIWa Aeolic O#IE3t 9.1 ENfi11.211 -CITY RAM CF TIF CCM CF CROPINCES 611E CI17 CF IPA CERTIFICATE OF PUBLICATION Cin, lap, BY PEW% SECna 9.Id PERIN m STATE.OF IOWA, Johnson Count ss: nsNliEr as REaraTE s BI ,'I Y, I1E C RAM.SKATES No Cal5T1NC OF UIL THE IOWA CITY PRESS-CITIZEN EE TT ama]rFa BY TIE CITY Caron CF INA CITY, IPA: SECfICN I. That 9.1, "City Plaza' of`tbe Cole offinances of the City of foe City,-las, he, and the sere is Ie bby medal by recealirg Section I• 9.1-4, and ena..tirg in lien thereof a new settle,to Carol Barr, being duly sworn, say that I to aodtfied the sae,to read as follow: • am the legal clerk of the IOWA CITY Section atiens le, Coasting, 9aHag PRESS-CITIZEN, a newspaper :w ler:e, sell a bicycle within City Plaza. Na shall les shall to left published in said county, and that a teettnom withinaey aza unless krated notice, a printed copy of which is hereto SE bicycle rad. It person shall coast, slide,roller skate,skate board on use any attac- oma such was published in. said paper omsum aestiry e, kneeled device / time(s), on the followingwithin the City Plaza. wheel delis and otter Heeled hadicapped assistance de- date(s): - vices'Men reel by a baM;capped itrson shall to extant fa.tie provision of this soothe,.Violation of this sxtim shall beL ,atjo /yipi/Inhale as aon ave - YCIPA II. SETUP(C If any of the promises of thisnance are are for ay Innen declared illegal orMen the lawful provisions of this adinance, Midi are severable. iron said hnla fel proaistms,•sail be ad renin in full - farce and effect, Ma sane as if Me Ordinance — contained re illegal or void provision.provision.r Legal Clerk SEMCN M. EFFECTIVE 641E: This adirance �r shall be in full.fame and effect Ran areetta-its final passage and piblication as by law ps4iel. Passed art approved this 19th day of April, Subscribed and sworn to before me 48. thi day of /I , A.D. r' /or �TIEST:-74,4.,ff J eji • 19 / L-f/ - ths: � Notary Public SHARON STUBBS r5456 Aprw 47,1938 • ORDINANCE NO. 88_3376 ORDINANCE ESTABLISHING PROCEDURE FOR COLLECTION OF FEES TO REPAY DEVELOPERS FOR COSTS INCURRED IN INSTALLING OFF-SITE PUBLIC IMPROVEMENTS NEEDED TO SUPPORT OUT-OF-SEQUENCE DEVELOPMENT. WHEREAS, it is City policy that developers install and pay for public improvements, such as streets and water and sewer lines, extending through their properties; and WHEREAS, from time to time persons wish to develop their property out-of-sequence with normal development shown in the City's Comprehensive Plan; that is, before public improvements have been ex- tended to the boundaries of their properties; and WHEREAS, it is City policy that persons wishing to develop property out-of-sequence must pay the cost of extending public improvements to their prop- erty from existing public improvements, although that cost would normally belong to the person or persons across or along whose property those imr prove-rents are extended; and WHEREAS, the City wishes to provide a mechanism whereby persons developing out-of-sequence with the timing of development shown on the City's Comprehen- sive Plan have the opportunity to recoup the off- site costs incurred, but only as the other proper- ties are developed; and WHEREAS, such costs may be recovered through connection fees charged to new users. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: SECTION I. AMENDMENT. Chapter 32 of the Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Section 32-2 is amended by adding the following new definitions: Off-site costs. The reasonable costs in- curred by a developer in constructing or other- wise extending public improvements from existing public improvements through or along property belonging to third parties to the boundaries of property under development, and which improve- ments are capable of serving the third party property. Out-of-sequence development. Subdivision or large scale development of land before it is included in the short-range development sequence in the City's Comprehensive Plan, as revised from time to time. Public improvements shall mean the principal structures, works, component parts and accesso- ries of any of the following: (i) Sanitary and storm sewers; (ii) Drainage conduits, channels and levies; /8 Ordinance No. 88-3376 Page 2 (iii) Streets and sidewalks; (iv) Water mains and extensions. B. The following new section 32-62 is hereby adopted: Sec. 32-62. Off-site costs for out-of-se- quence development. () At the time the preliminary subdivision plat or preliminary large scale development plan for an out-of-sequence development is approved, the resolution of approval shall specify that the development is out-of- sequence, and that off-site costs are recoverable by the developer. (b) Off-site improvements shall be designed and constructed according to plans and specifi- cations approved by the City Engineer, and shall be of sufficient size and capacity to serve the full area which is capable of being served by the type of improvement so that the City will not be required to construct parallel or duplicate facili- ties. (c) Recoverable off-site costs shall include the cost of engineering, preliminary re- ports, property valuations, estimates, plans, specifications, notices, legal services, acquisition of land, consequen- tial damages or costs, easements, rights- of-way, construction, repair, supervision, inspection, testing, and interest during construction and for not more than six months thereafter. (d) The amount of off-site costs to be recov- ered shall be determined as follows: As part of the application for final subdivi- sion plat or large scale development plan approval, the developer shall submit a proposed estimate of off-site costs for approval by the City Engineer, together with a non-refundable review fee equal to three percent (3%) of the proposed esti- mate. The City Engineer shall approve the proposed estimate only if the Engineer - finds that, at the time of approval, the estimate is consistent with the cost ob- tainable within Iowa City for improvements of the type proposed. Off-site costs shall be recoverable only to the extent of actual costs or estimated costs, whichever is lesser. (e) At the time an off-site public improvement is accepted by the City for public mainte- nance, based upon information furnished by the developer, the City Engineer shall 18 Ordinance No. 88-3376 Page 3 certify to the City Council the amount of recoverable off-site costs, and the total land area and/or lineal footage outside of the developer's site which is expected to be served by the off-site irrprovanent. (f) Thereafter, the City Council shall, by ordinance, adopt a schedule of fees to be paid for connection to the off-site im- provements. 1. The fee for each off-site improvement shall be pro-rata, based upon recover- able off-site costs, less the amount thereof relating to overwidth paving or oversized water mains or sewer lines, divided by the fluter of acres and/or lineal footage which will be served by the public irnprovenent. 2. The ordinance shall also provide for reimbursement to Developer from the City for the extra costs incurred for the following: Overwidth paving - The City's share shall be the actual cost per linear foot of paving wider than required by the City for local streets, and shall be considered a strip in the center of the pavement. Oversized water mains or sewer lines - The City's share shall be the differ- ence in cost between the pipe, main or conduit plus valves and valve boxes required by the City and pipe, main or conduit plus valves and valve boxes needed to service only the subdivision or planned development. Reimbursement of the costs of over- width paving, or oversized water mains or sewer lines shall be made upon the earliest to occur of the following: (a) the City's Carprehensive Plan is amended to show the developer's site is included in the areas available for developnent in the short range, or (b) development of the area or areas be- tween the developer's site and the platted streets nearest to such site has been substantially carpleted. For purposes hereof, development has been substantially ca pleted when all of the land in the area has been plat- ted and building permits have been issued for construction on at least 90% of-the lots in such area. 113 Ordinance No. 88-3376 Page 4 3. When the conditions for reimbursement have been met, the City will reimburse Developer for the costs described in paragraph 2. If such reimbursement occurs within twenty-four (24) months after either the Comprehensive plan has been amended or intervening development has been substantially completed, reimbursement shall be on a dollar-for-dollar basis, with no interest or carrying costs. Any amount unpaid at the end of the twenty-four (24) month period shall thereafter bear interest until paid at a rate equal to the rate the City is paying on the last general obligation bonds it issued prior to the interest commencement date. 4. The ordinance shall also contain a legal description of the entire area served by the off-site improvement, and the City Clerk shall file a copy of the ordinance in the Office of the Johnson County Recorder. 5. Because public improvements have a limited useful life, a developer's right to reimbursement, and the effec- tiveness of each specific connection ordinance shall expire twenty (20) years fran the date of its passage. (g) At such time as any part of the off-site area served by an off-site improvement is subdivided by platting, or becomes subject to a large scale development plan, the resolution approving the preliminary plat or plan shall set forth the amount of the connection fee or fees which shall be paid with respect to the subdivision or large scale development. (h) Connection fees shall be collected by the City prior to the time, and as a condition to approval of each final subdivision plat or large scale development plan described in subsection (g). Notwithstanding the foregoing, if a building permit is sought for any property included within the area served by an off-site improverent before a subdivision plat or large scale development plan is required for such area, the appro- priate fee shall be paid prior to issuance of the building permit. (i) The City shall remit to the developer monthly the amount of connection fees collected during the prior month. 115 Ordinance No. 88-3376 Page 5 (j) The reinbursenent permitted in this Ordi- nance is in lieu of any and all other claims for reinbursenent by developer. The developer, by rreking application for subdi- vision plat or large scale developrt plan approval, waives all rights or claims against the City for reinbursenent of off-site costs, or any costs or contribu- tions incident to the development. (k) Off-site costs are not an obligation of the City nor a charge against its citizens or its taxing power. The City shall have no obligation with respect to such costs except to renit to developer the fees it collects. 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 this Ordinance shall be ad- judged to be invalid or unconstitutional, such adju- dication 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 IV. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 3rd day of May, .8. adia /AL / . ;/ 'YOR ATTEST: N,,L,,J sAn) CITY CLERK Approved as to Form I'f-k( LegalDepartment I8 It was moved by Courtney and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration Vote for passage: Second Consideration 4/19/88 Vote for passage: Ayes: Dickson, Larson, McDonald, Strait, Ambrisco, Courtney. Nays: None. Absent: Horowitz. Date published 5/11/88 Moved by Ambrisco, seconded by Strait, 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: Courtney, Dickson, Larson, McDonald, Strait, Ambrisco. Nays: None. Absent: Horowitz. i8 CITY OF IOWA CITY CIVIC CENFER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (3 9) 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. 88-3376 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of May , 1988 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 11th day of May , 19 88 Dated at Iowa City, Iowa, this27th day of May ,19 88 Le7a,C£40W.Rmona Parrott, Deputy City Clerk `—..------ --__,-__._—�__ _ __ _ _ ____—_ _ .1 i _ ___P,. Thr ordinance small alio provitle far i•. _ oRDINACE tG. Ed 33?n i. - reinbrsamrR to Developer iron the ' Oil EST/a_ISNIG MCCUE FOR Miro-TIDY OF h OE4ELOPERS FOR COSTS [NL FEES City car the extra coots incurred for ID IN the following: / INSTALLING WF-SITE NALIC iimiovtiEMs.NEEDED TO 111 bedth paving -The City's share &ACTH WI-OF-SEWCE CEVELOMEif: shall the actual cost per linear it is Citypots that developers foot of.paving wider than recuired by y{�5 d the City for local streets, aro shall • install el pay for public nn:row- its, suet as be considered a strip in the center of streets and tater art seer lines,exte ding through, the vemut. 1 , their properties;and Oveersizedxeter:reins or sewer lines MEADS, from time to tire. persons wish to -The citys share shall be the differ- ' dgvelW heir property outity'seq.�te with nplan once in cost.betssen the pipe,main en ' level lQlt.shah' in the City's cite have Plan; conduit plus valves and valve homes . ' Mat.is,a fore Pblis mf their pv helve b;a ex- requl rd•arthe City and pipe,mein or -' tended fo'the boirdartes of their properties;and conduit plus valves andvalve bares , - UEeoS, it is City policy thatmists wishing ' heeded to service oily the subdivision di ' to develop perty cut-of-sequence rust mist.pay the or enameldeeelaprent. cost of etairg public vhprwmr ets to their prop- lnm ietseent of cu m ts pf eve-- erty. existingfrobit npweroits, atthagh width paving, or overs rte'reins that cost mold nasally belong to the perste or or seer lines shall be kaon the persons across or along Mose property those m earliest to occur of the fa frig: (a) , p�T rywelets are extended;and the City's fmprehenstve Plan is Printery fee a-5 9ed moms, the City wishes to provide a mechanism . meted M show the eleven it site is tiring persons develWitg or-of-sequence with the inched in the areas Mable for timing of development shoaloi the Cit3's Caryrehal- development in the short r or (b) CERTIFICATE OF PUBLICATION sive Plan have the opportunity to recoup the off- develaprent of the area whereas he- site costs incurred,'but oily as the other ;roper- been the developer's site and the , STATE OF IOWA,Johnson Count ss: ties are developed;ad platted streets merest M violsite Y• YEREAS, such costs ,ray be recovered throtrfl has been sbstantially cmpie*, I THE IOWA CITY PRESS-CITIZEN cmectim fees charged to neer users. Far purposes hereof,develorent has IUV, 1fCAE, IT ORDAINED BY 11-E.CITY been substantially. corpleted Oven all I COUCIL OF IAA INA,avA,that: of the lard in the area has been plat- - SECTION'T.a CCity Chapter 32 of the Cade of tel ad building permits have tees ' Ordinances fo the City of Tae City, nae is hereby a- r.o ,.issued for construction W at least 9PS. mended as follas: of the lots in such area. I A. Section 32-2 is areded by adding the followingnew 3. Mei the conditions for reiMe: nrsr Carol Barr, being duly sworn, say that I Off-site costs. The reasonable costs in- I have been ret, the City will reenbur card'by a developer in.constructing a other- Rwelaper for the costs describedam the legal clerk of the IOWA CITY wise extadiry public irprovemcs from existing ' paragraph 2. PRESS-CITIZEN, a newspaper pblis tiphoiemis through or along paperty f s,direrbrrseett occurs with Ess 'Peaty-far (24) months after eith published in said. county,. and that a belonging to third parties to the.bpadari of i '.the Congrehensive plan has been'-ammo oohs odor development, the Mich *prove- a Intervening development Ms ha notice, a printed copy of which is hereto mats are capable of saving the third party ybstadially cmpleted, reirbi sere attached, was published in said paper --ofdevelWmR. Subdivision a' shall,he m e dollarvfaWollar basi P P with no interest or carrying cost time(s), on the following large scale developed of lad before it is Any ;mount unpaid at the ad of t inc in the shat-range it swede date(s): tie in the City's Eoryrehesiva e Pim, , as revisal teentY-farc (24) month peril she - fran tire to tine, thereafte-bear interest until paid / 72a4 // / n� Rburc •treat,ctr shalt man tae ph _ a rate to the rate the City gat f'„ !/ structures,woks, cerement parts. a accesso- paying equal the last groan- a inteti ncipal i / 9- ries of any of the follauing: bads 1t,bend prier to the tntere (1) Solitary and stain sees; comencendt date. it grill cm nits,channels and levies: t 4. The ordinance shall also i'onta a �1 • ( ) h legal description of the'entire err • (ihs and side elks; served by the off-site inprmment,a C . (ivv)) mains and.entnesiWs. . too City Clerk shall file a copy of t B. The folio/no new section 32-62 is Nerdy ordinance in the Office of the dons : adopted: '" County Recorder. • Legal Clerk Sec. 32,2. Off-site costs fa aunt-of-se 5. Because p blk rpwerts have limited useful life, a developer (a) At Pt tire the preliminary subdivision , right to retnoursereit, and the effe Subscribed and sworn to beforemeplaterpreliminarylarge scale developet tiveness of each. specific connecti t plan,tan an out-of-sepience develoerent is ordinance shall moire twenty (2 r�,a appeeed, the tesolutini of approval shall years from the dataofits passage. ), At this /day of , A.D. seamed, that the olWsite isWeare (g) area �d by an offpert off-si ucovei , ard that off-site, costs are suhdividd by platting, or becores subje Off-seir�le.by the developer. - (b) off-sitF,aryrweuehts shall be designed and to a large scale development plan, t 19 castr. -acmding to plans and specifi- . resolution approving the preliminary p1 (171 / — shall b d by the City Engimer, and - c plan shall set fes the shall of t shall te of sufficient size and capacity M oumation fee or fees Mishall be pa serve the full area Mich is capable of with respect to the subdivision or lar being servedaby the type of inprvvemt so scale developant. Notary Public ' that the City will not be required to (S),Connection fees shall be collected byt I construct parallel a duplicate facili- , y prior to the tire,and as a caditi • ties, to approval of each final subdivision pl (c) the costble. off-site costs shall. indlue- 'a large scale deeelgne,t plan descrih - in subsection (g). iotirtthstadesc t fA.,Cala,,, I. rev of engineering, preliminary es, i. _ pats, property inos, estirotes, foregoing, if a building permit is sag 'r �o-aG d 9_ _ plans. sPetiftrat,ms, notices, legal fa any an oy included within the ar services, atpuis,tion of lad, conseahen- served by an off-site torment before - tial demo&or costs, easements, rights- 'subdivision plat or large scale()Waled( ofroeInstruction, ropair, supervision, plan is required for such area, the aper inspection,' ion,'testing, and interest during edit fee shall be paid pita to issuer ( - - • 1 months.• tthereafter for not ore t mthan six of(i) lie t$tylding remit. shall react to the develop - ' - I (d) The awM of off-site costs to be recoi- monthly the amort of camection fe oral shall be determined as follas: Ascollected during the prior ronth• part of the,appltcatian far final.sutdivi- (j) The reimbursement permitted in this G-di- sum plat.a large scale developuent plan - nance is in lieu of any and all other - approval, the developer shall. Rai/nit a claims for � reirrsemTh it by developer. e « propped thee of off-site costs for developer,by making apilitatiw ubd ftr si- v ' approval b by the City Engineer, together vision plat or large scale*element plan with a nm-refundable revive fee equal M - approval, selves all rights_.a claim f - ? Mree,ferrrerit (3t) of the proposed esti- against the Litt fa neMdusaant of - - - _ nates City Ergine shall.appwe the off-site costs, or any 'o- antribu- ( - Croute ally if the Engineer- than incident to the devglWdmt. - _ - fid at,the ttrre of approval, the (k) Off-site costs are not*rot'Natio,of the esti/lot/cis aroistemt with the coot Oh City nor a charge againSt its Citizens or tenable within Iain City for inproveseets its taxing we. The City shall have no • - of the type proposal. Off-site costs shall cbligatioi n +e with xpect to such costs _ be recoveaete only to the octet of actual except to Sit to developer the fees it • costs a estirratd casts, Michever is collects.; lesser. SECTION.II. REPEALER: All ordinances and parts (e) Atthe tine an off-site public'.ihcremb ; f¢ ORDINANCE MJ. 88-3377 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN FOPERIY LOCATED IN THE SOUll-IEST QINDRANT OF THE INTERSEC- TION OF WALDEN IND AND MIRMCN TREK BCLILEVARD W--EREAS, an area of approximately 4.75 acres south of Walden Road and rest of Mormon Trek Boulevard is presently zoned RS-8, medium-density single-family residential; and WDREAS, the Canprehensive Plan has been wended to designate this area for residential development at a density of 8-16 dwelling units/acre; and WHEREAS, the existing developmat directly north of Walden Road is townhouses at a density of 12 dwelling units/acre, and the existing deaelapont to the south is duplex condominiums at a density of 8 dwelling units/acre; and EREAS, a request has been received to rezone the 4.75 acres frau RS-8 to RM-12, law-density multi-family residential, which would permit the construction of nulti-family and roaming house units; and WEREAS, the rezoning of this property to RM-12 would permit development which was cahpatible with existing uses and, due to the topography of the area, would not adversely affect the fiitwe thelcp- ment of properties to the south. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. ZONING PFFLWNT. The property described below is hereby reclassified frau its present classification of RS-8 to RM-12: A tract of land in the northwest quarter of the southwest quarter of Section 17, Township 79 North, Range 6 West of the 5th Principal Ifridian described as: Camencing at the northeast one• of the nortxsst quarter of the sauttwost quarter of Section 17, Tonship 79 North, Raw g 6 Wast of the 5th Principal Meridian; thence south 00°38'44" east - 302.00 feet along the east line of said quarter quarter and the centerline of Mormon Trek Boulevard to the southeast corner of Walden Ridge, Part 1, according to the plat recorded in Plat Book 23, Page 10, Minion Canty Recorder's Office, said point also being the Point of Beginning of the parcel herein described; thence south 89°21'16" west - 78.43 feet along the south line of said Walden Ridge, Part 1; thence westerly 83.70 feet along said south line of Walden Ridge, Part 1, along a 304.49 foot radius curve concave northerly to a point that lies north 82°46'14" west - 83.44 feet of the last described point; thence north 74°53'44" west - 145.31 feet along said south line of Walden Ridge, Part 1; thence southwesterly 129.89 feet along said south line of Walden Ridge, Part 1 along a 79.17 foot radius /9 Ordinance No. 88-3377 Page 2 curve concave southeasterly to a point that lies south 58°06'16" vest - 115.80 feet of the last described point; thence south 11°06'16" west- 51.00 feet along said south lire of W3ldan !tidy, Part 1; thence north 82°03'44" west - 50.03 feet along said south line of Walden Ridge, Part 1; thence south 11°06'16" west - 233.10 feet; here southwesterly 94.83 feet along a 154.05 foot radius curve concave northwesterly to a point that lies south 28°44'22" west - 93.34 feet of the last described point; thence south 43°37'33" east - 103.19 feet; thence north 89°21'16" east- 186.00 feet; thence north 44°21'16" east - 77.85 feet; thence north 89°21'16" east - 241.72 feet to a point on the east line of said quarter quarter and centerline of %mon Trek Boulevard, said point lying north 00°38'44" west - 293.73 feet north of the northeast corner of Walden Wood, Part 1, according to the plat recorded in Book 22, Page 60, Johnson County Recorder's Office; thence north OO°38'44" vest - 381.72 feet to the Point of Beginning. Said tract contains 4.75 acres, including .75 acres of street right- of-way. 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 anendrent upon final passage, approval and publication of this ordinance as provided by law. SECTION III. REPEALER: All ordinates 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 shall be in effect after its final passage, approval and publication as required by lag. Passed and approved this 3rd day of May, '88. et44€2 /+YOR la ATTEST:, CLEfEC, Approved as to Form 32 y-�4 8t Leg Department 19 It was moved by Dickson and seconded by Strait that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration Vote for passage: Second Consideration 4/19/88 Vote for passage: Ayes: Larson, McDonald, Strait, Ambrisco, Courtney, Dickson. Nays: None. Absent: Horowitz. Date published 5/11/88 Moved by Ambrisco, seconded by Strait, 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: Dickson, Larson, McDonald, Strait, Ambrisco, Courtney. Nays: None. Absent: Horowitz. 19 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CIN, 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.88-3377 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of May , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 11th day of May , 19 88 Dated at Iowa City, Iowa, this 27thday of May ,19 88 Ram na Parrott, Deputy City Clerk - - am11AlCE m, 66-33_1 ' - NN OOINNLE NINON 11E 20llNG 601/MU BY 64VGIM ME USE RIM AWNS Cf CERTAIN ROPtply LOCATED IN TIE SLIIF4LS-1 QyOA71 IT lit INTERSEC- TING WNIIEN FM ND[0341 MX B6AE1N0 MEIIIAS, an area of approximately 4.75 acres south of Walden Road and vest of Moron Trek Bnolerad is presently zoned RS-8, nelinwdnsity single-fardly residential; and II¢]6AS, the Comprehensive Plan has been wended to designate this arm for residential developmt at a density of 8-16 d+ellirg mits/acre; ant WiERI LS, the existing develrymnt directly north of Walde Road is tadnrses at a density of 12 dell irg mits/are, and tie existing M.elepmt to tie south is .alar ompniniurs at a density of 8 dell ing waits/roe;and WiEREAS, a rest has ben received to move the 4,75 acres from RS-8 to 8412, loldesity wlti-fanlly residential, WO rould pervert the caistnctim of wlti-family ad rooming hose mitt; ad IHERTAS, the rezoning of this property to *12 �''y�7 could permit dewelepmit Witch was mryatible with Printer's fee$ =J� existing uses and, due to the topography of the arra, would not adversely affect the haat develop- ment of anderties to the south. CERTIFICATE OF PUBLICATION flhmwMlBy cru mCf 6� alaCM, INA: STATE OF IOWA,Johnson County, ss: SEClICN E. LUTING NshntNI. Tie p�erty described below is hereby reclassified,tent 11s • THE IOWA CITY PRESS-CITIZEN present classification of RS-8 to*12: • A tract of land in the northwest NuaAar of 9e sag/best garter of Section 17, Toms/rip 79 North, Range 6 Wast of the 5th R'r'rcipal Mi-pier described as: Camecirg.at the milsst arra- of the northwest garter of the south/St gate- d I, of Section 17, Tarship 79 firth, tar 6 West of Carol Barr, beingdulysworn, saythat I the 5th Principal ttridian; three saurh, • 05'38'44'east -302.03 fret eked the east lire am the legal clerk of the IOWA CITY of said 'garter quarter and the carted ire of PRESS-CITIZEN, a newspaper Wmltl73Ria ,ek d,ouesangestane at die, Part 1, according to the plat recorded in Plat Book 33, 10, )deCady published in said county, and that a m' Remrds Office, saidw point also [ting the notice, a printed copy of which is hereto taint of &gaming of 21Patel herein attached, was published in said paper: Pence south 89'21'16" vestvest - 8 B. feet eked the south line of said Walden Ridge,, / time(s), on the following Part 1; Nage kesterly 8.7.70 feet meg said date(s): south lire of Walden Ridge, Part 1, along a 307.49 foot radius curve concave northerly to a ,��7y // 4,, point that lies north ed join ;est tierce 441.41 fat /// 74 the last dewrib 1 eet a grtnorth 74'57'44" best - 145.31 fat along said south lire of Walden Ridge, Part 1; therm ofValsteely 18.f0 fat along said sada lire of Walde Ridge, Part I eked a 39.11 fent nadirs Mir we smtheasterly to a point that lies south 55.06'16" west - 115.80 fat of the last 111 described joint; there south 11'05'16" vest- . 51.03 ado said south of I. Legal Clerk dance north P244' -03 feet . along said sash lire of Walden Ridge, Pat 1; tams south 11.06'16"west - 233.10 feet; Oeta Subscribed and sworn to before me saith esterly 94.83 fat along a 154.05.foot radius cove ansae merUrestcrly to a paint vy, that lies south 2844'22" rest - 43.34 feat of this c' 6 dayof // A.D. the last described point; theca south 4317"33" east - 103.19 fat; thence north 89.21'16'east- 186.re feet; thence north 44'21'16"est-TUE 19,PL feet; thence north 19.21'16" east - 241.72 feet Q to a point on the east line of said garter /J� garter ant centerline of Pcmmr Trek Boulevard, ti!Y said point lying north 00'38'44"omen - W293.73 alden feet mint of the north 3t comer of 291.73 Wood, Part 1, according to the plat scatted in Notary Public Book 22, Page 60, prawn Cony s �'�n^-^ _ toOfthe: innta north ni'38'44aid test t a11.72 feet - in �M/sf4GflC:E7 t.,v<5 4o 5 a Pont ofcl Begiadirg .5 esid Nttwilit- 4.75 wog, inolWing .75 acres of street rigrt- �G' a q 6-� of-nay. _ SECTION II. ?CUING int. Tie Bulding Ingrctor is hereby Merited and directed to change the?ming Pap of the City of lava City, law, Noval to ae this diot upon final passage, approval ad publication of this ordinance as provided tee law. Satire! III REPFAI m: All provisions cud Wats of , ordinares in conflict with the provisions of this - .. ordtnence are hertbY repealed. SECWIfN IV. SEVEIWBILIIY: If any satin, govt- , sin or part of the Ordinance shall be adlfdgal to be invalid or mcostitational, sena adFdicattm - shall not affect the validity of the Ordinance as a Mole or any section, provision or part tharmf not adjudged invalid or wxvmtitutimal. SECTION Y. EFFECTIVE DW: PM Minn dell be _ __ , in effect after its final paceayaid , approval a _ • _ publication as rebind by law. 1 Passat and approved this 3Td day of may, O• OR AT1EST: 7 3+ _ __ — ___ _ 25654 May 11,1988 ORDINANCE NO. 88-3378 AN ORDINANCE APPROVING THE PRELIMINARY AND FINAL PLANNED DEVELOPMENT HOUSING OVERLAY FOR THE IOWA CITY RETIREMENT RESIDENCE ON LOT 1, WALDEN WOOD, PART 2 WHEREAS, the City of Iowa City has received a proposal to develop 112 units as a retirement residence for the elderly; and WHEREAS, the Ccvprehens i ve Plan has been amended and the area of the project has been zoned RR-12; and WHEREAS, the density of the proposed development does not exceed that of the underlying ii-12 zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PLAN APPROVAL. The preliminary and final planned development housing overlay plan for the Iowa City Retirement Residence on Lot 1, Walden Wood, Part 2, is hereby approved and legally described as follows: A tract of land in the northwest quarter of the southwest quarter of Section 17, Township 79 North, Range 6 West of the 5th Principal Meridian described as: Commencing at the northeast corner of the northwest 'quarter of the southwest quarter of Section 17, Township 79 North, Range 6 West of the 5th Principal Meridian; thence south 00'38'44" east - 302.00 feet along the east line of said owter garter and the centerline of hbrmon Trek Boulevard to the southeast corner of Walden Ridge, Part 1, according to the plat recorded in Plat Book 23, Page 10, Johnson County Recorder's Office, said point also being the Point of Beginning of the parcel herein described; thence south 89'21'16" west - 78.43 feet along the south line of said Walden Ridge, Part 1; thence weste^ly 83.70 feet along said south line of Walden Ridge, Part 1, along a 304.49 foot radius curve concave northerly to a point that lies north 82'46'14" west - 83.44 feet of the last described point; thence north 74'53'44" west - 145.31 feet along said south line of Walden Ridge, Part 1; thence southwesterly 129.89 feet along said south line of Walden Ridge, Part 1 along a 79.17 foot radius curve concave southeasterly to a point that lies south 58'06'16" west - 115.80 feet of the last described point; thence salt 11106'16" west - 51.00 feet along said south line of Walden Ridge, Part 1; thence north 82'08'44" west - 50.08 feet along said south line of Walden Ridge, Part 1; thence south 11'06'16" west - 233.10 feet; thence southwesterly 94.83 feet along a 154.05 foot radius curve concave northwesterly to a point that lies south Irk Ordinance No. 88-3378 Page 2 28'44'22" west - 93.34 feet of the last described point; thence south 43°37'33" east- 103.19 feet; thence north 89.21'16" east- 186.00 feet; thence north 44'21'16" east - 77.85 feet; thence north 89'21'16" east - 241.72 feet to a point on the east line of said Quarter Quarter and centerline of hbrmon Trac Boulevard, said point lying north 00'38'44" west - 293.73 feet north of the northeast corner of Walden Wood, Part 1, according to the plat recorded in Book 22, Page 60, Johnson County Recorder's Office; thence north 00'38'44" west - 381.72 feet to the Point of Beginning. Said tract contains 4.75 acres, including .75 acres of street right-of-way. SECTION II. VARIATIONS. Variation from the underlying R1-12 zone is as follows: The use approved for the site is elderly housing. 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, provi- sion rovi- 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 shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 3rd day of May, Ate.. ATTEST: ) `n . CI CLOW Approved as to Form L� 1 Department It was moved by Dickson and seconded by Strait that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration Vote for passage: Second Consideration 4/19/88 Vote for passage: Ayes: Strait, Ambrisco, Courtney, Dickson, Larson, McDonald. Nays: None. Absent: Horowitz. Date published 5/11/88 Moved by Courtney, seconded by Strait, 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, Strait, Ambrisco, Courtney, Dickson, Larson. Nays: None. Absent: Horowitz. 020 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.88-3378 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of May , 1988 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 11th day of May , 1988 Dated at Iowa City, Iowa, this27th day of May ,19 88 td-itezY 7&t2Y 'amtna Parrott, Deputy City Clerk OFFICIAL PUBLICATION - ap1N9CEtb. E8-33'3 449 MENACE APPRWI r, 11E PREL111 W N NO FINN_ l PLANED OCVn3Af)YI 117.51WOVERDO FLR IW Iasi COY FETIRBENf R61OnCE Ch IDT 1, WALDEN WAD, PART WEFEAS, the City of Ian City nes received a pa prasal to develop 112 ;nits as a retirement residence fy the elderly;and _ and IFCREAS relersive Plan has heal ahaakad project has tee)mel 111-12; MEIEAS, the&lofty of the proposed development dens rot eased that of the underlying 8412 me. ICY', TFEIEFCRE. BE IT DE141tC1) Ft 11E CITY CCl/[IL CF THE Cm CF law CITY, 1044: SECTICN I. PVAI PPPIVJN,.- The pwllelnary ad final planed &velours* housing overlay plan for the Ian City Retirormt fesiteruce m Lot 1, Malden Printer's fee 7::? had, Part 2, is hereby agi><ovsl ad legally described as follows: A tract of lard in tie north.est matter of the CERTIFICATE OF PUBLICATION sati,.est charter of Section 17, Tranship 79 Nath, Rad 6 Vest of the 5th Principal STATE OF IOWA, Johnson County, ss: northeast described of the,wgthat 'etat use THE IOWA CITY PRESS-CITIZEN sm,nt giarter of section 17, lorohip 79 West of the 5th Principal tkridlan;;thecee south 4439194' east - 302.03 • feet along the east lire of said r artr rata and tie centerline of Nuegn Trgr Boulevard to the sort/east comer of Widen Rite Part 1, I act rdirg to tie plat recast in Pitt Book Z3, Page 10, •lmnson fnnty Fkmt -'s Office, said Carol Barr, being duly sworn, say that I pa+tame+ng the Point of Beg;ml g of the am the legal clerk of the IOWA CITY �t- herein ylaky'de refsabd PRESS-CITIZEN, a newspaper Wl� Rte, ?n 1; them esrrlra+.o feet along said south lire of Malden Rle*, Part I, published in said county, and that a along a 304.49 foot radius area gave notice, a printed copy of which is hereto `fly to a paint that lies rot I2'46'14' hest -83.44 fret of de last devl0ad point; attached, was published in said paper dere oath 7411'44'past- 145.31 feet along time(s), onfollowingthe said scud:lire of Waldage, Part 1; re en mde aaste4Y 12189 feet alaq said earth lire date(s): of of Walden Ridge, Part I along a 79.17 foot radium save concave Saytlest 11 to a paint ' ,ry a1' // J� 7I that Iles north 58.06int;hest - sad feet of // / / !JY the last&.Called paint; thrice nth lire of 9.00 feet I;at said oath lire 4of ' Weida Ridge Part I; hers north 82.0B'µ' hest - 50.00 feet along said smith lire of Walt - 233.1, Part 1; rs son south 11'09.63 vest - Ridge, fat; fxt thence sfly 91.83 �jf '- J feet along a 154.05 foot radius one concave northeasterly to a paint. that'.lies south Legal Clerk 213'44'22' hest - 43.34 fat of the last •• described paint; there south 43'37'11' east- Subscribed and sworn to before me 103.19 feet; dere north 89'21.16' east- / 18640 feet; thane north 44.21'16'est -77.05 feet; deice north 89'21'16'east-241.72 feet thisa�6 dayof 7 , A.D. to a point m de east lire of said garter a ant sanative of lire rest - arte said paint lying north heart03'38'44" test - 81.73 y feet rest of tie ing to cat corner of ed In 19<Pe . foal, Pr[ 1, &rating to the plat reamed m /'� Bek 22, Page 60, Jolnsm (natty Recorder's 38172 C� / r Offirt; tiers north 003B'µ' rest - 7BI.72 ///t � •� feet to the Point of Begimng. Said tract / — contains 4.75 aces, including .15 acres of Notary Public SECT!. ii, 7�AR1 right- -hey. 415 . Variation fres the _ ;aderlylrg R1-12 sae is as follow: The use — - _ __ 4approved for the site is elderly housing. ..:.GU' at:$ ' SECTIaf 111, REPFPLER: All on:ham at/fats of ordinances in mhnict with the pmvisioe of this }• ordinance an hereby/O-0, 6- 1 SECTION 1N_, II1 fl: If anV section, MO' sin Cr e part of the Ordinarshall be adjudged to de invalid or unconstitutional, such adjudication /• shall rot affect the validity of tie Ordinance as a Melt or any section, provision or part thereof not ' _ • adjoined invalid or;smsstitutimal. . • - SECTIai V. EFTECTIVE IME: This asiiace gall he • in effect after its final passahe,'_.approval and - publication as required M lay. 'Passel and approved this 3rd &v el Slay, 1EY 25663 May 11,1988 . ORDINANCE N0. 88-3379 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANG- ING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED NORTH OF ROHRET ROAD AND WEST OF HIGHWAY 218. WHEREAS, the property is located in an area zoned PDH-5, Planned Development Housing Overlay Zone; and WHEREAS, the Comprehensive Plan for the City of Iowa City shows agricultural/rural residential land uses for this area with the exception of Hunter's Run Subdivision which previously received prelimi- nary approval; and WHEREAS, the existing development near the property is for low-density single family residen- tial uses for which this request would be compat- ible; and WHEREAS, low density residential uses are the most appropriate use for this area; and WHEREAS, the proposed rezoning will result in a decrease in the density of development for Hunter's Run Subdivision consistent with surrounding uses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. The property described below is hereby reclassified from its present clas- sification of PDH-5 to RS-5: Hunter's Run Subdivision, Parts 2 and 3; and including a tract described as follows: Commencing at the Southeast Corner of the Southwest Quarter of Section 18, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N00°46'46"E, 1,150.38 feet to a point on the Center line of Rohret Road and the Point of Beginning; Thence S74°18'00"W, 574.4n feet along said center line; Thence N01°26'00"E, 210.84 feet; Thence N88°34'00"W, 199.80 feet; thence S01°26'00"W, 272.43 feet to a point on the center line of Rohret Road; Thence S74°18'00"W, 484.73 feet along said center line; Thence S76°08'O0"W, 400.00 feet along said center line; Thence NO2°02'45"E, 1,961.15 feet; Thence S89°33'32"E, 223.35 feet; Thence N00°57'59"E, 227.09 feet- Thence S87°47'59"E, 144.34 feet; Thence 564°23'20"E, 224.40 feet; Thence S63°53'40"E, 139.19 feet; Thence S44°29 '22"E, 72.45 feet. Thence S80°08'00"E, 142.87 feet; Thence 8915'39"E, 4114.45 feet; Thence 589°02'39"E, 176.09 feet to a point on the Southwesterly right-of-way line of U.S. Highway 218; Thence S46°01'50"E, 289.57 feet e 2 along said right-of-way line to the North- easterly corner of Lot 22 of Hunter's Run Subdivision, Part Two; Thence N89°15'39"W, 287.01 feet along the Northerly line of said Part Two; Thence SOO°44'21"W, 135.00 feet to a point on the Northerly Right-of-Way line of Duck Creek Drive; Thence N89°15139"W, 298.08 feet along said right-of-way line; Thence S00°44'21"W, 201.00 feet to the Southwest Corner of Lot 48 of Hunter's Ilan Subdivision, Part Three; Thence N89°15'39"W, 10.00 feet to the Northwest Corner of Lot 49 of said Part Three; Thence S00°44'21"W, 185.00 feet to a Point on the Southerly right-of-way line of Foxana Drive; Thence S89°15'39"E, 20.33 feet along said right-of-way line, Thence North- easterly, 26.52 feet along a 2.25.00 foot radius curve, concave Northwesterly, whose 26.50 foot chord bears N87°21'45"E; Thence S06°00'S0"E, 80.84 feet along the Westerly line of said Part Three as amended; Thence 546°01'50"E, 594.19 feet along said Westerly line; Thence S40°03'49"W, 89.22 feet; Thence SO0°55'12"W, 223.00 feet to a point on the Center line of Rohret Road, and the Point of Beginning. Said tract of land contains 57.66 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 Icia City, Iowa, to con- form to this amendment upon the final passage, approval and publication of this Ordinance as pro- vided 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 this Ordinance shall be ad- judged to be invalid or unconstitutional, such adju- dication 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 V. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 3rd day of May, /1:88. „.,. ATTEST: ,, ,,) CITY CLERK APP;e10,1 ED AS F•RM /Le r LE SAL DEPA.air NT 3 It was Roved by Courtney and seconded by Horowitz that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ X hrbrisco X _ CourtneyX Dickson X Horowitz X Larson X McDonald Strait First Consideration 4/19/88 Vote for passage: Ayes: Strait, Ambrisco, Courtney, Dickson, Larson, McDonald, Nays: None. Absent: Horowitz. Second Consideration Vote for passage: Date published 5/11/88 Approved as to Fong Moved by Courtney, seconded by Horowitz, that Legal Department 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 consid- eration be waived and the ordinance be voted upon for final passage at this time. Ayes: Horowitz, Larson, McDonald, Strait, Courtney, Dickson. Nays: None. Absent: Ambrisco. 2.1 CITY OF KDWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CTY, 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.88-3379 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of May , 1988 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 11th day of May , 19 88 Dated at Iowa City, Iowa, this 27thday of May ,19 88 c�Ram na Parrott, Deputy City Clerk • _ - OFFICIAL PUBLICATION • a OOIFWCE M. 88-3139 NI OMIIWn:A''ETOI%TI8 ZONING CROINNCE BY OW4r, nNG 11.8 UE6,PFAULATICNS OF CERTAIN FROPERTY LCXATm Naito CF REH&T NW NC WEST OF HIQIIAY 218. ' • 4EI€3. tie property is located in an area . - - tuned MINS, .Planned,_f{evelop,ent Housing Overlay _ Zone;and _.Y. Cr hiEffAS, the Cwdtlheisive Plan for the City of los City +s agrtoftturai/neral residential lard uses for tHis area with the exception of Hunter's Rin Subdivision'chid previously received prelini- nary approval:and • kWEI✓FAS, the ecistirg tlpvelcpmrt rear the . property is for la-density single fanlly rsiden- tial uses for which this request would he carpet- ible;ard 16E-REAS, las density residentialuses are the net appropriate use for this area;and WEIEAS, the proposed rezoning will result in a decrease in the density of developre t for Hunter's Run Subdivision ccrsistent with surryrding uses. .-,L//�l� MN,TIEF4pE, EE IT ORDAINED BT If CITY MAL Printer's fee aCIL OF TIE CIPt OF INA CITY, I014, PAT: SECTION I. R-EloerT. The property deso'itei CERTIFICATE OF PUBLICATION below ficatio of PCH-5 reclassified Rfran i�presentcies- lode's Run Srmivision, Parts 2 and 3; and STATE OF IOWA, Johnson County, ss: including a tract described as folios: Cemiencanentwest erg at the Southeast Carer of the THE IOWA CITY PRESS-CITIZEN SortlBarter of Section 18,beishdp 79 North, Rage 6 Wet of the Fifth Principal Meridian; m an; i071°46'46"E. 11150.38 feet to a to a point m the[enter lire of Stint Rad and the Point of Beginning; Thence S74°18'0011, 574.49 feet along said mita I, lire;Thence 1131026'OO"E,210.84 feet;Dunce Carol Barr, beingdulysworn, saythat I x°34'00et 199.80 feet;thence Sol lire of • 272.43 feet to a point m the cents- lire of am the legal clerk of the IOWA CITY Poiret Bud; Thence S7018'00E4, 484.73 feet along said rata line; Thence 57eP1, PRESS-CITIZEN, a newspaper 401.00 feet along said center lire;; Thence published in said county, and that a N32°02'451, 1,961.15 feet; Thelee 99°33'32"E,223.35 feet;Thence.lO0°57'S9'E, notice, a printed copy of which is hereto 01.09 feet Thence 387°47'59"E, 144.34 feet, attached, was published in said paper Thence �4d139.19 zz4.ae ee� hence 563°53'40"E, 139.19 feet;Thence 4feet; / time(s), on the following 72.45 feet Thence S '00"E, 142.87 feet; date(sl: - Thence 89615'39"E, 444.45 feet: Thence 569°02'39"E, 176.09 feet to a point an the ' _4i //,' 4ff Hiuthast18;y right-of-way lire of U.S.ee /`/I//'/ Higr.ay 218; Thence 546°01'ire 289.57 feet albs said riot-ofwey lire to the North- easterly inner of Lot 22 of Hater's Rs Subdivision, Po Part Two; Thence 089°15'39'1, �� is firiLl - E77.01 feet albs the Norther4121"W.y1 5.re03 ofe saido Port Too; Thence s00rly Ri'1, 135.00 feet in a point on the Northerly Thence Riytro'39'3 lire of Puct Creek Drive; Olt- f-ey ire, Thence Legal Clerk feet alis said feet here: Thence g Caner sno 201.00 feet to the Scutt-west . Corner of Lot 48 of Ihnter's Run Subdivision, Subscribed and sworn to before me Part Three;Theme N99°15'391 10.00 feet to the ehost Crura of Lot 49 af said Part Three; Thence 500°44'21'1, 185.00 feet to a Point an the Southerly y right-of-ay lire of this ,96.a day of_/ , A.D. Foyare 0rive; Thence 589°15'39 33 feet along said right-feet lire, Pence North- easterly, 26.52 feet along a 225.00 foot radiuopp 26.50 amen concave Norn.,esterly, whose I J?0 , 26.50 foot chard pears NS7°21'45"E; Thence �) 506Poof , 81.84 feet along the lesterly (�h// �g GAJ lire of said Part Twee as acerdol; Thence !�//r/ J 'C/l..<-co/ 546°01159"E, 597.19 feet slog said Westerly line: lhmce S40°O3'feet 89.22 feet; Thence Notary Public 500°55'17V, 221.03 feet to a point m the Center lane of fdahret keel, and the Point of _ _ _ • Beginning. Said tract of lard pertains 57.65 • �+ acres more cr less. f ds SECTIONII. 2041%NW. The Building Inspector 1 m-ad ? is herby out/triad and directed to chance the b v= rmhg map of the City of las City, tie, to an- • form to this mend/tot upon the final pesSare, . approval ad publication of this Ordinance.as;pro- vtded by lad. =CS III. RPFf4ER:All ordinances and parts 1 of adirerces in conflict with the provisiois of . ` - . this ordinance are hereby repealed. sa7IEN IV. SEVEAABILIm If any section, prods.= or pert of this Ordinance shall he ad- • . judged to he Invalid or unmstitutlasl, such adju- ,- _ citation shall not affect the validity of the • Ordinance as a Mole of any section, provision or _ part thereof not adjudged invalid or unwstitu- ' tlmal. - SECTION V. Ehiti.ilVE BATE: This OMirence shall - l• be in effect alter its final passage, approval an -- pnblicatim as required by law. - - 8. Passel ad apprwad this 3rd day of May, . ATTEST: JJ>_. _ t � �SrQE ORDINANCE NO. 88-3380 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 32.1-55 AND SECTION 32.1-63 THEREIN T0, RESPECTIVELY, INCREASE FEES FOR RESIDENTIAL SOLID WASTE COLLECTION AND LANDFILL USE, AND ALSO ADD AN ANNUAL ADVANCE-PAYMENT OPTION FOR MONTHLY ALL-DAY PARKING PERMITS. 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 32.1-55 thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 32.1-55. Fees 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 collection One dollar ($1.00) permit. per 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 Deposit fee, combined, for city water Residential account - and/or sewer. $50.00 per combined residential service for city water and/or sewer and/or solid waste collection service. SECTION 2: 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 : 3Z Ordinance No. 88-3380 Page 2 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 of $ 4.00/day Meter Space (Meter Hood) Show-up Fee Charged by Tow Truck $20.00/day Operator Sec. 23-274 Parking Meter Fees. Central Business District On-Street Meter $ .40/hour 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 $356.00/year Monthly Off-Hours Permits (After 5 PM, Mon-Fri , All day Saturday & Sunday) $ 29.00/month 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 A & B Hourly Parker $ .40/hour Monthly All-Day Permits $ 40.00/month Monthly All-Day Permits (annual advance payment) $356.00/year Monthly Off-Hours Permits $ 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 75E shall apply and be deposited at the exit gate. Reissue of lot/stolen permits $ 2.00/each reissue Ordinance No. 88-3380 Page 3 Sec. 23-279 Penalties for parking violations. Overtime parking $ 3.00 Expired meter $ 3.00 Prohibited zone $ 5.00 Illegal parking-handicapped parking space $15.00 One-hour restricted zone-Civic Center lot $ 3.00 All other illegal parking violations this chapter $ 5.00 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 Ordi- nance, 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. SECTION 5. 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 appr .v _ed this 17th day of May, 1988. el / PYOR ATTEST: Ij,,__L . • App ov d as0 Form: -AI a 9/8/88 Lega Iepartmen It was moved by Courtney and seconded by Strait that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration 5/3/88 Vote for passage: Ayes: Dickson, Horowitz, Larson, McDonald, Strait, Courtney. Nays: None. Absent: Ambrisco. Second Consideration Vote for passage: Date published 5/25/88 Moved by Courtney, seconded by Strait, 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, Dickson, Horowitz, Larson, McDonald, Strait, Ambrisco. Nays: None. Absent: None. IL CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CIN, 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. 88-3380 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of May , 1988 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 25th day of May , 1988 . Dated at Iowa City, Iowa, this 27th day of May ,1988 am na Parrott, Deputy City Clerk aIt4',. 2S2r - , JeU //I/ • OFFICIAL PUBLICATION OFFICIAL PUBLICATION- -- -I ORDINANCE NO. 80-3380 - AN ORDIIVIDE AMENDING CHAPTER 32.1, ENTITLED. "TAXATION AND REVENUES' OF THE. CODOF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 32.1-55 AND! SECTION 32.1-63 THEREIN TO, RESPECTIVELY, INCREASE FEES FOR,RESIDENTIAL SOLID WASTE COLLECTION AND LANDFILL USE, AND ALSO ADD AN ANNUAL ADVANCE-PAYMENT ' oPT19N FOR MONTHLY ALL-DAY PARKING PERMITS. , i • ` Br-IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SEC N I. That Chapter 32.1 of the Code. of Ordinances of the City of Iowa ' ^ tit ¢ Iowa, be, and the same is hereby amended by repealing Section 32.1-55 - - theryig, and enacting in lieu thereof a new section. to be codifiedthesame to - - read YS follows: - ,. Se 32.1.55. Fees or Charges Authorized in Chapter 15. i Munic 'I Code • • • Se on Autho ing Fee ' Charge' 1ne or Description of Fee. . ` Per4ity: Charge, Fine, or Penalty: Char c g%_r ' . Sec. 15-31 Fee for annual solid waste collection One db)lar ($1.00) ' permit. per collection I ' vehicle per year. Sec. 15-65(a) Residential solid waste collection fee. Printer's..tee (�1 S / '� - /' Rates effective for bills on Sept. 1 Sept. 1 or after: 1988 1989 CERTIFICATE OF PUBLICATION ( per dwelling unit, per month $5.25 $5.50 STATE OF IOWA, Johnson County, ss: per two rooming units, per.month $5.25 $5.50 THE IOWA CITY PRESS-CITIZEN Sec. 15-65(b) Landfill use. fee. )198 I )198 1 Rates effective:- 1988 1989 City fee $7.75 $ 8.00 I, - State fee 1.50 2.00 I Carol Barr, being duly sworn, say that,I Total fee $10.00 I am the legal clerk of the IOWA CITY . PRESS-CITIZEN, a newspaper Minimum $1.25 $1.35 11 published in said county, and that a Sec. 15-66 Deposit fee, combined, for city water Residential account - I notice, a printed copy of which is hereto and/or sewer. $50.00 per cant teed ' residential service for • attached, was published in said paper city water and/or sewer Il / time(s), on the following and/or solid waste tl - date(S): collection service,. /I SECTION 2: That Chapter 32.1 of the Code of Ordinances of the City of Iowa i tit,, Iowa, be, and the same is hereby amended by repealing Section 32.1-63 ./2n_2(, ,5- /7A242 thereof, and enacting in lieu thereof a new section to be codified the same to I read as follows: if Sec. 32.1-63. Fees or Charges Authorized in Chapter 23. �' Municipal Code. Section I -?; . Authorizing Fee Legal Clerk Charge, Fine or Description of Fee, • I Penalty: Charge, Fine, or Penalty: Charge: j • Subscribed and sworn to before me Sec. 23-249 Fee for Contractor Reservation of $ 4.00/day Meter Space (Meter Hood) ; - Show-up Fee Charged by Tow Truck $20.00/day ' i this Se day of`, , A.D. Operator . I !I y Sec. 23-274 Parking Meter Fees, 11+ 1900 Central Business District On-Street 72..O .,,+ Meter $ .40/hour A ttt""`�L��WCentral Business District Lot Meter $ .40/hour I4 Notal , Peripheral Oh-Street Meter (Outside • y Public I. Central Business District $ .3D/hour ' . Peripheral Lot Meter (Outside Central Business-District) $ .30/hour rt., 6SNiGAREf RiOb T. Meter Hood/Contractor $ 4.00/day ' /Q• `e2 f7 9 Sec. 23-277 Fees for parking in city parking lots - - _'- - _ and structures. I Municipal Parking Lot (adjacent. to Ramp B) Monthly All-Day Permits $ 40.00/month ;, _ Monthly All-Day Permits (annual • advance-payment $356.00/year .. . Monthly Off-Hours Permits (After 5 PM, • Mon-Fri, All day Saturday & Sunday) $ 29.00/month - 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 Permitc $ 15.00/month. . . Parking Ramps A 8 B - Hourly Parker $ .40/hour - - . Monthly All-Day Permits $ 40.00/month •• Monthly All-Day Permits (annual advance payment) 5356.00/year • Monthly Off-Hours Permits $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 he -•^ - _. ..^.+ -- �'x. 'a,^_•scs,;? eTYarn~xx- deposited at the exit gate. Reissue of lot/stolen permits $ 2.00/each reissue Sec. 23-279 Penalties for parking violations. - Overtime parking $ 3.00 Expired meter $ 3.00 Prohibited zone $ 5.00 Illegal parking-handicapped parking space $15.00 One-hour restricted zone-Civic Center � lot S 3.00 All other illegal parking violations • _ this chapter __ _ _ $ 5.00 & - e, f8- 338° e 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 Ordf- nance, 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 Ithe provisions of this Ordinance are hereby repealed. ISECTION 5. 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 apt. this 17th . of play, 1988. • /■. !a. /i.� YOR ATTEST: .__ 75901 • May 75,1988 ORDINANCE NO. 88-3381 AN ORDINANCE TO ANEW THE SUBDIVISION REGULATIONS TO PERMIT A WAIVER OF CERTAIN REQUIREMENTS AD CORRECT AN ERROR IN SECTION 32-7, EXCEPTIONS. WHEREAS, the subdivision regulations for the City of Iowa City allow waivers of the general requirements of the Code under certain circun- stances; and WHEREAS, the section enabling such waivers refers to Article II of the Code, Plats; and WIEREAS, said reference should be to Article III of the Code, Standards and Specifications; and WHEREAS, there are areas within Iowa City that contain topographic and natural features that war- rant preservation and extraordinary care in subdivi- sion design. NOW, THEREFORE, EE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: SECTION I. ANENCEENTS. A. Section 32-7(a) is deTeted and the follaving is inserted in lieu thereof: (a) Modifications of Iequirments. Upon recameidation of the Planning and Zoning Commission, or if it deems such action to be appropriate, the City Council may vary, modify, or waive the require- ments of Article III of this Chapter under the following circumstances: (1) where, in the case of a particular proposed subdivision or plat thereof it can be sham that strict carpliance with the requirements of Article III of this chapter would result in ex- traordinary hardship to the subdivider because of unusual topography, exces- sive costs, or other such non-self- inflicted conditions or that these conditions would result in inhibiting the achievement of the objectives of these regulations; or (2) where it can be sham that strict carpliance with Article III would result in poor subdivision design or could result in the substantial degra- dation of natural features. My action to vary, modify, or waive a requirement rust assure that the public interest is secured and that such vari- ance, modification, or waiver will not have the effect of nullifying the intent or purposes of this Chapter. Ordinance No. 88-3381 Page 2 B. Section 32-26 is deleted and the following is inserted in lieu thereof: Submission Required; Waiver (a) Whenever the owner of any tract or parcel of land within the corporate limits of the city or within two (2) miles thereof wishes to make a subdi- vision of the same, he shall submit to the clerk fourteen (14) copies of a preliminary plat for approval. (b) The Council ray waive submission of the preliminary plat if the final plat includes those requirements of the preliminary plat as may be deemed appropriate by the Council under the c i rcurnstances. 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 this Ordinance shall be ad- judged to be invalid or unconstitutional, such adju- dication 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 IV. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and . blication as required by law. Passed and approved is 14th day of June, 1 :8. Orlio MA R ATTEST: 7",z .74/. af3 CITY CLERK Approved as to Form k� �"/i/3-Y L 1 Depart 2 ! It was moved by Ambrisco and seconded by Dickson that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration Vote for passage: Second Consideration 5/17/88 Vote for passage: Date published 6/22/88 Moved by Ambrisco, seconded by Strait, 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: Courtney, Dickson, Horowitz, Larson, McDonald, Strait, Ambrisco. 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. 88-3381 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 14th day of June , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 22nd day of June , 1988 Dated at Iowa City, Iowa, this 30th day of June ,19 88 . ambna Parrott, Deputy City Clerk --—---- --------- ----- - - ___r____ -- -- - 1 • OFFICIAL PUBLICATION NO'S N oma at SO®IVIS, i.sBs N . , - - . ; FEHi{I P WAIVER OF CERTAIN itwi': a •-.i•.: r fff EEhf�E IN SECTiCN 32-1,EXCEPTIONS. IIEEAS, the sutdivisim rerylatims far the - City of,los City allow waivers of the general rewtreteits of the Cade under certain circus- stances;and BETAS, the section enabling such waivers i refers to Article II of the Cade, Plats;and I ;AFROS,said reference should to to Article III of the Cade, Standards and Specifications;and reEAS, there are areas within lora City that contain topographic and natural features that car Printer's fee IGYQ �h} -f0./S— rant preservation and extraordinary care in suhllvi- 1 sioi design. MN, 1FElEVOIE, EE IT OPCAII 1 Hf 11E CITY CERTIFICATE OF PUBLICATION CBI% u Waw CM, Iowa,nwr`�! . SecticaI 3. memo.isdei A. $action 32-7(a) is thread aril die,foliowile is STATE OF IOWA,Johnson County, ss: i inserted in lieu thereof: THE IOWA CITY PRESS-CITIZEN (a) wadiLlpon ficat fs. tion of the ginning are Zoning Connissim, or if it as suds action to be appropriate, the Cite:Council may vary, nodtfy, m waive the .require- teds of Article III of this Chanter under the following cironstances: I, - (I) ihire, in the case of aicular Carol Barr, beingdulysworn, saythat I • p ishm as- 21a3'thereof it can be shim that strict will lame am the legal clerk of the IOWA CITYwith the readmits of Article III PRESS-CITIZEN, a newspaper imisdater plin ex- , :arirary hardship theeevid j published in said county, and that a because of trivial topography atm- sive costs, o' other such-Mn-self- notice, a printed copy of which is hereto inflicted' tmditms m that these attached, was published in said paper condition would result'in mtibiting the achievt of the objectives of time(s), on the following e'mthese egtaeims; a date(s): (2) where rug,lianre cwitht ,that would �j /J�/ • result in peon insigi er - g, /9/l O • avid result in 1�d41 degra- d, re ation dation of natural fee": AN action to vary:lidify,or wive a restart t rest assn Mat.the tontn- . ipteest. is secured awd flet such vast- , axe, nodificatim. M waiver will not /� L • axe the effect of nullifying the intent it.I� • I! ) m anises of this meter. • ' ` Legal Clerk B. section 32-26 As deleted rd the following is a.• inserted iF lieu thereof: e Submission Required;Wirt Subscribed and sworn to before me (a) ,4hweve• the of! es- airy tract a. parcel of land*Ithin the corporate , limits of die a.Within 1w (2) • { miles thereof to make a sutdi- this.2>�t�y of CA---v1/4-12 ; A.D. vision of the ,tie shall sutra to the clerk sateen (14) copies of ( a preliminary plat Ib-approval. _ (b) The Carroll troy wove submission of 19 the Prelims a/ Plat if he fiml ��-- �j plat includes those rebid d ,. / f% the preliminaryby Picot as ci l he ectal •••li/ appropriate by the Council uMer the circumstances. ' Notary Public SECTION II. REPEALER: All ordinances and parts m. , of btdtr'encs in contllct with the provision of SHARON STUBBS , ordinance CTION I are h B led. If any section, ' provision or part of this Urdinmm shall to ad- N, judged to te invalid m unconstitutional,such adju- dicatim shall not affect the validity of the • ' ordinance in a v.Mte or ay section, provision m : Part,thereof not./dieted invalid o- untmtt su- � - . Meal. i - s'' T1ON I9. gra-Ins BAit:-chis ordinance : s i shall be in effect after its f Seesaw,approval , + - _ - , and Pal icatlm as rewired hY laa� . _ lapnvOrJe , - ATTEBr: 5 -`' .. - CITY CLEW W • - ._. - .. June 22,1988 j . i. Prepublished for Council Consideration on June 14, 1988. ORDINANCE NO. 88-3382 AN ORDINANCE AMENDING ORDINANCE NO. 88-3380 BY REPEALING SECTION 2 THEREOF, AND ENACTING IN LIEU THEREOF A NEW SECTION 2, TO CORRECT AN ERROR IN THE LISTING OF THE AMOUNT OF THE FEE AUTHORIZED BY SECTION 23-277 OF THE CODE OF ORDINANCES RELATING TO MONTHLY ALL-DAY PERMITS (ANNUAL ADVANCE-PAYMENT) FOR PARKING IN THE PARKING RAMPS A AND B, AND IN THE MUNICIPAL PARKING LOT ADJACENT TO RAMP B. WHEREAS, Ordinance No. 88-3380, Section 2 thereof, as originally adopted by this City Council on May 17 , 1988, erroneously listed the fee authorized by Section 23-277 of the Code of Ordinances for Monthly All -Day Permits (annual advance-payment) for Parking Ramps A and B, and in the Municipal Parking Lot adjacent to Ramp B as $356/year, which fee should have been listed therein, as $456/year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. That Ordinance No. 88-3380 be and the same is hereby amended by repealing Section 2 thereof, and enacting in lieu thereof a new Section 2 to read as follows: SECTION 2: 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 of $ 4.00/day Meter Space (Meter Hood) Show-up Fee Charged by Tow Truck $20.00/day Operator Sec. 23-274 Parking Meter Fees . Central Business District On-Street Meter $ .40/hour 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 Ordinance No. 88-3382 Page 2 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 Monthly Off-Hours Permits (After 5 PM, Mon-Fri , All day Saturday & Sunday) $ 29.00/month 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 A & B Hourly Parker $ .40/hour Monthly All-Day Permits $ 40.00/month Monthly All-Day Permits (annual advance payment) $456.00/year Monthly Off-Hours Permits $ 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 ibe deposited at the exit gate. Reissue of lost/stolen permits $ 2.00/each reissue Sec. 23-279 Penalties for parking violations. Overtime parking $ 3.00 Expired meter $ 3.00 Prohibited zone $ 5.00 Illegal parking-handicapped parking space $15.00 One-hour restricted zone-Civic Center lot $ 3.00 All other illegal parking violations 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 Ordi- nance, 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. These are: Ordinance 88-3380, Section 2, 5/17/88. SECTION 4. EFFECTIVE DATE: This Ordinance, having been heretofore been pub- lished by the Iowa City Press-Citizen on Tuesday, June 14, 1988, and shall be in full force and effect from and after its final passage as by law provided. Ordinance No. 88-3382 Page 3 Passed and approved this 14th day of June, 1988. M YOR ATTEST: NA,;_ets4) : A) CITY CLERK Ap► v a/ Form: Lega Department • A It was moved by Courtney and seconded by Dickson that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration Vote for passage: Second Consideration Vote for passage: Date published 6/14/88 Moved by Courtney, seconded by Dickson, that the rule requiring that a pre-published ordinance be considered and voted on for passage at one Council meeting prior to the meeting at which it is to be finally passed be suspended, that first consider- ation and vote be waived, and that the ordinance be given second consideration and be voted on for final passage at this time. Ayes: McDonald, Strait, Ambrisco, Courtney, Dickson, Horowitz, Larson. Nays: None. Absent: None. at CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CI1Y, IOWA 52240 (319) 356-50000 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.88-3382 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 14th day of June , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 14th day of June , 1988 Dated at Iowa City, Iowa, this 30th day of June ,19 88 a na Parrott, Deputy City Clerk OFFICIAL PUBLICATION OFFICIALPUBLICATION Prepublished for Council Consideration on June 14, 1988. ORDINANCE NO. 88-3382 AN ORDINANCE AMENDING ORDINANCE NO. 88-3380 BY REPEALING SECTION 2 THEREOF, AND ENACTING IN LIEU THEREOF A NEW SECTION 2, TO CORRECT AN ERROR IN THE LISTING OF . _ THE AMOUNT OF THE FEE AUTHORIZED BY SECTION 23-277 OF THE CODE OF ORDINANCES ' - ` - RELATING TO MOIITHLY ALL-DAY PERMITS (ANNUAL ADVANCE-PAYMENT) FOR PARKING IN THE PARKING RAMPS A AND B, AND IN THE MUNICIPAL PARKING LOT ADJACENT TO RAMP B. • . WHEREAS, Ordinance No. 88-3380, Section 2 thereof, as originally adopted by this City Council on May 17, 1988, erroneously listed the fee authorized by -Section 23-277 of the Code of Ordinances for Monthly All-Day Permits (annual advance-payment) for Parking Ramps A and 8, and'in the Municipal Parking Lot , adjacent to Ramp B as $356/year, which fee should have been listed therein as • $456/year. TcNOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. That Ordinance No. 88-3380 be and the same is hereby amended by MI Printer'sfeeY�`�'_-24 repealing Section 2 thereof, and enacting in lieu thereof a new Section 2 to read as follows: `} CERTIFICATE OF PUBLICATION SECTION 2: That Chapter 32.1 of the Code of Ordinances of the City of Iowa ISTATE OF IOWA, Johnson County, ss: City, Iowa, be, and the same is hereby amended by repealing Section 32.1-63 I( thereof, and enacting in lieu thereof a new section to be codified the same THE IOWA CITY PRESS-CITIZEN to read as follows: I Sec. 32.1-63. Fees or Charges Authorized in Chapter 23. Municipal Code , I Section t. Authorizing Fee • Carol Barr, being duly sworn, say that I Charge, Fine or Description of Fee, `J am the legal clerk of the IOWA CITY Penalty: Charge, Fine, or Penalty: Charge: PRESS-CITIZEN, a newspaper Sec. 23-249 Fee for Contractor Reservation of $ 4.00/day published in said county, and that a Meter Space (Meter Hood) ,i notice, a printed copy of which is hereto Show-up Fee Charged by Tow Truck E20.00/day how-upor attached, was published in said paper time(s), on the following Sec. 23-274 Parking Meter Fees. date(s): Central Business District On-Street �// Meter $ .40/hour /b Central Business District Lot(O tside $ .40/hour frnte /4.4 Peripheral On-Street Meter (Outside Central Business District) $ .30/hour (//}J Peripheral Lot Meter (Outside Central a VS-1/A---1 I Business District) $ .30/hour Meter Hood/Contractor $ 4.00/day 1 Sec. 23-277 Fees for parking in city parking lots and structures. Legal Clerk Municipal Parking Lot (adjacent to Ramp B) Subscribed and sworn to before me Monthly All-Day Permits $ 40.00/month Monthly All-Day Permits (annual j advance-payment) $456.00/year ''�[/-/ �(A Monthly Off-Hours'Permits (After 5 PM, this aql Qay of A.D. Mon-Fri, All day Saturday & Sunday) $ 29.00/month I Lot Permits-all other municipal lots $ 30.00/month I Monthly All-Day Permits $ 30.00/month 19 a.. A Monthly All-Day Permits (annual ( I. ' 1 I advance payment) $342.00/year f -.44- ��- ,� • City Employee Lot Permits $ 15.00/month - Parking Ramps A & B Notary Public Hourly Parker $ .40/hour Monthly All-Day Permits $ 40.00/month SHARON STUBBS Monthly All-Day Permits (annual advance payment) $456.00/Year 44'4Monthly Off-Hours Permits $ 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 75Y shall apply and be deposited at the exit gate. Reissue of lost/stolen permits $ 2.00/each reissue U 121S-11V Ile9aseG enamel blew to losuods anlsnlox3 a41 si aAVG01 VSfl sleAow suwu7N saayaeA u1s9M'M0 uus)!M'90 juna►y0 PIaJUIM'90 � sleAmf salmg suCIDul tlaa slaaW ref laplu$.90 un'S 45'7 0 - ul!4Mn0 Iiu4M11'OD aonamv xal rPsptu SW" e,a6U. xosGIN9O la(1ed'90 Ea(M!'WO 'ao!8T0 Ullllod0 s!IIad90 areeau van, I Igasayjl0IluMocEW00 DIAli0 uawal�0 (laau!11WD uus�EEp'90 asapu/ swml 0 CpoAslafur Oe I nivenJnMmu n IIEN7NlW", uoppei ORDINANCE ND. 88-3383 ORDINANCE TO {WEND THE ZONING ORDINANCE F NISICRS APPLICABLE TO HIGH-RISE t4ILTI-FAMILY [t&LLINGS % REAS, it is in the public interest to pramte the construction of high density high-rise, multi- lewdly dwellings in the 111-145 zone; and WHEREAS, under the Uniform Building Code, buildings exceeding 50 feet in height mist be constructed of steel and concrete, rather than wood frame construction, and econanic considerations presently preclude the construction of high-rise, nulti-fanily dwellings meeting those standards, thereby resulting in a lesser density of dewelapiert in areas where high density development is encouraged. tN3N, 1}fREFORE, BE IT MOUND BY THE CITY COL CIL OF THE CITY OF IOW1 CITY, IOWA: SECTION I. RHDUdf. That Chapter 36 of the Code of Ordinances of the City of Iara City, Iowa, is hereby amended as follows: A. Sections 36-4(d)(12), 36-4(9)(3), and 36- 4(s)(7) are hereby deleted and the following inserted in lieu thereof: (d)(12) Dwelling, high-rise multi-family. A multi-fanily dwelling consisting of three (3) or more stories of duelling units with a total of far (4) (r mare stories located entirely above grade. (g)(3) Grade. The top surface elevation of lawns, walks, drives, or other inproved surfaces after conpletion of construction or grading and landscap- ing. For the purposes of determining height of a building, the grade is the average level at the perimeter of the exterior walls of the building. (s)(7) Story. The portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that habitable portion of a building included behueai the upper surface of the tcpmst flea and the ceiling above. B. Sections 36-15(e)(2) and 36-15(e)(5) are herby deleted and the follcming inserted in lieu thereof: (e)(2) Minimin lot area per unit: Nome. (e)(5) Minium yards: Front - For high-rise dwellings, 0 feet; 20 feet for all other uses. Side - For high-rise dwellings, 5 feet or 0 feet for the side of a building having a wall without wirdds .25 Ordinance No. 88-3383 Page 2 facing the side yard; 5 feet for all other uses. Rear - For high-rise dwellings, 5 feet or 0 feet for the side of a building having a gall without windows facing the rear yard; 20 feet for all other uses. 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, provi- sion rovi- 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. 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 28th day of June, 1.88. oll ,YCR ATTEST: '( ) 9e -444) CIT( CLERK Approved as to Form L••:1 Departrit It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson __X_ Horowitz __X__ Larson X McDonald X Strait First Consideration Vote for passage: Second Consideration 6/14/88 Vote for passage: Ayes: Horowitz, Larson, McDonald, Strait, Ambrisco, Courtney, Dickson. Nays: None. Absent: None. Date published 7/ 13/88 Moved by Courtney, seconded by Dickson, 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: Dickson, Horowitz, Larson, McDonald, Strait, Ambrisco, Courtney. Nays: None. Absent: None. 2C 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. 88-3383 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 28th day of June , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 13th day of July , 19 88 . Dated at Iowa City, Iowa, this 28th day of July ,19 88 . C�e2/t- < V Ra na Parrott, Deputy City Clerk OFFICIAL PUBLICATION WIHWCE M7. 88-3383 ' ' OIOINWCE 10 Mfg 11€ Z(NIIO.01OINAVCE PIiNISICNS i MillIffell 10 H191-RISE EULTI-FN4ILY O ELLRffi VFEI6PS, it is in the public interest to emote the constrlctim of high density high-rise, multi- family dellirgs in the 111-145 tone; and NEREAS, order the Uniform Building Code, I , buildings exceeding 50 feet in height mast te Constricted of steel and concrete, rather than rood I free constnction, aM ecammic crosiderratices presently preclude the construction of high-rise, Printer_s fee 4ro I multi-fainly cleanings meeting those stardards, thereby resulting in a lesser density of daeltpu l , in areas idiom high density development t is CERTIFICATE OF PUBLICATIONI hod, maw, BE if =Ho BV It cm STATE OF IOWA, Johnson County, ss: =CIL CF THE CITY D IDA Cm, IDA: • SECRCN 1. pfE7iTFTiT. That Chapter 36 of the Cade THE IOWA CITY PRESS-CITIZEN ' of Ordinarces of the City of las City, Iowa, is hereby wended as follaa: , A. Sections 36-4(d)(12), 36-4(g)(3), and 36- 4(s)(7) are hereby deleted aM the following - inserted in lieu thereof: (d)(12) 'Belling, high-rise oulti-feiily. A I, . multi-fatly dealing consisting of Carol Barr, being duly sworn, say that I . terse (3) pr Imre stones of(ailing units with a total of for(4) m mere I am the legal clerk of the IOWA CITY . • . stories located entirely.atone'grade. PRESS-CITIZEN, a newspaper . (e)(3) Bain. The top surface elevation ofI liens, calks, drives, or other published in said county, and that a *proved surfaces after tmpletim of constriction m grading ad laMscap- notice, a printedcopy of which is hereto ire. For the Purpcses of detemdnire attached, was published in said paper heieit of a Wilding, ale grade is tie average level at the perimeter of the / time(s), on the following exterior walls-of the Wilding. date(s): (s)(7) Story. The portion of a W,ldirg included tebeen the)4per surface of �7. ,a/ /9 et, ay r next aM pt that of de /./ 47. � floor next. shat incept haat the tapmst story shall W that habitable Seen port,* of a fele og inc1ts Imb®i tie tpper surface of the trpmst flus ad the ceiling above. B. Sectile 36-15(e)(2) aM 35-15(e)(5) we Lade' �� deleted and tie following inserted in lieu thereof: Legal Clerk (e)(2) Minium yardMinton lot s: per mit: Hynes Front - For high-rise&ellirys, 0 feet; 20 feet for all other uses. Subscribed and sworn to before me Side - For high-rise dwellings, 5 fat or o feet for the side of a / building having a roll•w tot Knha this DSL7flay of ' A.D. facing the side yard; 5 feet for all • other uses. Roar - For high-rise Wings, 5 19 . • ' dellfeat m 0 feet for ih@ side of a Wilding havinga cell withoutriMrs h • facing the rev yard; 20 feet for all `�' I` -� • 4 SECT lid. oI WALER: All undkars ad parts of NotaryPublic ordinates in conflict with tae provisions of this ordinance are hereby repealed. - SECTION IV. SEVERABILITY: If any section, provi- •• I a; SHARON STUBBS sion or part of the Ordinance shall te adpbged to ° tar invalid or urmstitutional, soul adji intim shall not affect tie validity of the Ordinance as a _. _. Kole or any section, provision or part thereof rot • adjudged invalid or uumstitutional. u • SECTION V. EFFECTIVE BATE: This Winne doll te j in effect after its final passage, approval aM h • publiatim as required by lay. i passed aril approved this 28th day of Jame, 1 88. ' IA r / , , ce ' I - ATi65F�1 h a.Jf� w,v) "' C P�Y`nIIK - 2374) July 13,1988 �. . ORDINANCE N0. 88-3384 AN ORDINANCE AMENDING CHAPTER 32.1 OF THE IOWA CODE OF ORDINANCES OF THE CITY OF IOWA CITY, ENTITLED "TAXATION AND REVENJES", BY ADDING THERETO A NEW ARTICLE TD BE CODIFIED AS ARTICLE V AND TO BE ENTITLED "4J1ICIPAL BIIW FINANCING," TO PROVIDE A PROCEDURE FOR ISSUING DUPLICATE BONDS FOR LOST OR STOLEN BONDS. BE IT ORDAIPED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 32.1 of the Code of Ordi- nances of the City of Iowa City, Iowa, entitled "Taxation and Revenues", be, and the same is hereby amended by adding thereto the following new article to be codified as Article V, entitled 'Municipal Bond Financing", to read as follows: Article V "Municipal Bond Financing" Section 32.1-74-32.1-99. Reserved. Section 32.1-100, Lost or stolen bonds - claim for payment - proof of ownership - indemnity bond. In the event of claim made for payment of the principal of or interest on bonds issued by the City, the Director of Finance shall be provided with satis- factory evidence of proof of amership and of loss of said bonds or coupons and shall require the filing with the Director of Finance of a satisfactory inden- nity band of a surety acceptable to the Director of Finance, indemnifying the City in the event any or all of the original bonds or coupons are inadvertently paid or presented for payment by a bona fide holder in due course. Section 32.1-101. Issuance of duplicate bonds - city reimbursed for actual expenses. Upon receipt of such proof of ownership, loss, and • indemity bond, the Controller is authorized to pro- ceed with the printing of duplicate bonds or coupons and shall charge for the issuance of the duplicate bands and coupons any amount sufficient to reimburse the City for the actual expense incurred by it in connection with the issuance thereof. The City offi- cials designated are authorized to execute the dupli- cate bonds and coupons in the same manner as provided with respect to the original bonds. Section 32.1-102. Duplicate bonds substitute for original issue bonds. Duplicate bonds and coupons of like tenor, amount, date and maturity shall be deemed to be issued in lieu of and in substitution for each of the bonds or cou- pons so numbered of the original issue and shall be so noted on the books of the City kept for that purpose. Ordinance No. 88-3384 Page 2 Section 32.1-103. Inadvertent payrrent of original bonds - enforcanent of indemnity bond. In the event any or all of the original bonds or coupons shall be inadvertently or for any reason paid by the City or presented for payment by a bona fide holder in due course, or if the City shall incur any expense or liability by reason of refusing to honor the original bonds or coupons, the indemnity bond on file shall be immediately enforced. SECTION II. 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 frau said unlawful provisions, shall be and remain in full force and effect, the same as if the Ordi- nance contained no illegal or void provisions. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordi- nance are hereby repealed. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in full force and effect frau and after its final passage and publication as by law provided. Passed approval this 28th day of June, 1988. • &00‘••442 MAYO ATTEST: CI LERK Al ,, v j asTiJ• Form egal Department It was moved by Courtney and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration Vote for passage: Second Consideration 6/14/88 Vote for passage: Ayes: Horowitz, Larson, McDonald, Strait, Ambrisco, Courtney, Dickson. Nays: None. Absent: None. Date published 7/ 13/88 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 be waived and the ordinance be given second consideration at this time. Ayes: Dickson, Horowitz, Larson, McDonald, Strait, Ambrisco, Courtney. Nays: None. Absent: None. 2 le CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CIW, 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. 88-3384 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 28th day of June , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 13th day of July , 19 88 Dated at Iowa City, Iowa, this 28thday of July ,19 88 (4nnt � Ram na Parrott, Deputy City Clerk -- OFF ICIAL PUBLICATION O111WfiE nl. 88-33in - Ml OrlPNMI MEM CIPFIF.R 32.1 OF DE IAA CODE OF ORIDIMI ES OF DE CITY OF idyl.CITY, 1311111E0 "TNATIW Off) IEYBIS', Bt AOOIIG REiETO A WV AWInE 10 9E - CODIFIm z6 ARTICLE V MD l0 OD PRIDED 9000IPPL®G FINVEOG:"IO PWNIIE A FO EIIBE Fm ISSOIIE deUCAlE BIDS LIR LOST OR SECS®105. III WADED BY OE CITY QUELL OF At CITY Of WWI C113, IOW SECTta I. Rat Chapter 32.1 a gyCpe Cale of Mb- ' woos at the City of tam City, low,Entitled'Taxation and Revenues" M. and the sa *..r e i. tay averred by adding tereto,the followingnew article to te codified as Article V,etitlei'Hmtciml.B07d Fl ctng",to read as follows: •-• S/4729 Article V Printer's fee 5l4 'tlriicipal fad F ,g' Section 32.1-74-32.1.99. Reverted. __Section 32.1.ICO, lost m stolen claim fa' CERTIFICATE OF PUBLICATION wym -pmfmraaershtp-inmmttfi In the evert of claim mat Ism of the STATE OF IOWA, Johnson County, ss: principal of or interest tallrds Ismael by U City, the Director of Finance he provided wifAsatis- THE IOWA CITY PRESS-CITIZEN factory iares of woo a,e of snyN eof loss of said Evilss a' mons mel shall require tisfa Bae filing - with the Dirac-of Finance of aa satisfactory Dire ivr of nity bot of a surety the ile fo the Director of Finance, i original ng t o Citj i s Vie ay te all of the mlginte Eats m-m Wo l lthhollently paid m Presented for payeRly a try fig!holden in doeSec course. Carol Barr, beingdulysworn, saythat I Section tor. Issuance of aona a and -city retnburiLb for actual'penes. pr am the legal clerk of the IOWA CITY tom aliptawa,vmmaanhoriz is:.am Teed ty Eur, the Contrvna h authorized c ma- PRESS-CITIZEN, ro- P RESS-CITIZEN, a newspaper St with the printing of duplicate Ea ds or court Published in said count d that and 'hall charge a- to issuance of the dolisfe y ana Ems at eswo any anent sufficient to rehouse notice, arinted copythe City fm the actual expense immix] by it in p of which is hereto maeuten with re issance thereof. lie City off'. attached, was published in said paper dude designated are eitomizs to execute the mon- / time(s), on the following sum taxis ocapons riginal tore roarer m p01d date(s): Section 32.1-102. Oql trate fiats substitute fm original issue Eads. 0.plirete binds and cruses of like term,amort, /9�� date ani sutsty fall f dram to ba ins s In cou- rt* of atl in wrtstttdtim fm each of nrmes m mu- pac to nnberei of the original isel efi.Sl I to so rebel m the books of the City ka B-fw rrege. Section 32.1-103. Intro-bet parent of, 1 tuts- mforc Int of i event my bade (A .vont any ve all of r Rax 11 bons id Clerk• he shall m ieseewrtry m feragr ieb*tort paid Legalby the City c presented for rapist!hi Esu fide holder ia'the'liability corse,by ife the ofCity.4,sV1 iter any erprrR m Nabi s orreason of rites to Fu on Subscribed and sworn to before me the original 9r mems, the i,demity head m file shell be im,mi,',ely mfmarl. Sis In II. SEVEPABILare. If nmy OttedotS'S provis ms /� of this Onflnmm are for try reason deolgS,eed�:illegal m thisc 1 y of , A.D. void, thnthi lbrful provhtons of m s 6atnmm,,hien are severable fra,said unlawful pmrisime, till b'and renin to fell force ad effect, the sae as If the Ordi- nance confaist no 111sp1 or void prwtsio e.. 19 I uTa LII. l Alloov enoas ports o- n& ft conflict wibthe provisiond his swnat xfehy Monied. / SECTION IL EFFECTIVE DATE. This Ofig shall he in full fora coed and effect from after Itsits fhb passage NotaryPublic and Passed fm as by law provided. Passed and approval this 28th day of Jap,;1988. SHARON STUBBS 14.�r � ' Gzak ui9*.isai 23742 July 13,1988 ORDINANCE NO. 88-3385 AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, (1) BY REPEALING SECTIONS 17-1, 17-3, 17-4, 17-5, 17-7 AND 17-8, Al{) ENACTING IN LIEU THEREOF NEW SECTIONS TO BE CODIFIED THE SAME, PROVIDING FOR THE ELIMINATION OF THE EXEMPTION OF CLRIAIN CCMDCMINIIM AND URFA- TIVE UNITS FROM INSPECTION, TO AUTHORIZE REINSPEC- TION FEES AND FILING FEES FOR HOUSING APPEALS, AS SET BY RESOLUTION, TO AUTHORIZE AN AEDITICt L RIMY FOR THE CORRECTION OF HOUSING VIOLATIONS, TO ENSURE THAT CERTAIN HOUSING REQUIREMENTS ARE CONSISTENT WITH CURRENT BUILDING AND ZONING CODES, AND TO CLARIFY CERTAIN OTHER EXISTING PROCEDURES. BE IT ORDAINED BY THE CITY COUNCIL CF THE CITY OF IOWA CITY, IOWA: SECTION 1. That Chapter 17 of the Code of Ordi- nances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 17-1(b) thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: (b) Compliance with state code. The City, in compliance with the requirements of the Code of Iowa 364.17, hereby adopts the December 17, 1979, version of the "Housing Quality Stan- dards" promulgated by the United States Department of Housing & Urban Development (24 C.F.R. Section 882.109(a) through (1), as the adopted model Housing Code for the City. The City has integrated the (Housing Quality Standard) in Sections 17-1 through 17-8 of the Housing Code which provisions, to be enforced by the City, are as stringent as, or more stringent than, those in the nu el Homing Cndt as adopted. SECTION 2. That Chapter 17 of the Code of Ordi- nances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 17-3(b) thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: (b) Inspections. (1) Inspection of owner-occupied, single-family dwellings. Inspections of owner-occupied, single-family dwellings shall occur only upon request or complaint to the inspector and only the standards of Section 17-5, 17-7 and 17-8 shall be applicable. (2) Inspections of structure items. The provisions of Sections 17-5 and 17-6 in effect at the time of issuance of a certificate of structure compliance shall be the only structure stan- dards applicable to a dwelling. Upon the issuance of a certificate of structure compliance, there shall be no further inspec- tion and enforcement of the structure items 27 Ordinance No. 88-3385 Page 2 - under Sections 17-5 and 17-6 of the housing code. (3) Maintenance inspections. Inspections of the provisions of Section 17-7 of the housing code shall be conducted upon request, on a oaplairnt basis, and/or through a program of regular rental inspections in which regular inspections shall be conducted as determined by resolution of the city council but shall not be conducted more frequently than yearly nor less fregraitly than as follows: Multiple dwelling units Every 2 yrs (Including condmriniuts and cooperatives in • which one or none rectal units are located.) Roaring house Every 2 yrs Duplexes Every 3 yrs (Including cadonriniums and cooperatives in which one or more rental units are located.) Single-fanily rental &ellings....Every 4 yrs SECTION 3. That Chapter 17 of the Code of Ordi- nances of the City of Iowa City, Iowa, be, and the sane is hereby mended by repealing Section 17-3(i) thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: (i) Appeals board procedures. (1) The housing appeals board, upon receipt of an appeal request and payment of tie filing fee as established by resolution of tte las City City Cantil, shall set a tine and a place for the hearing. The applicant shall be advised, in writing, of such time and place at least seven (7) days prior to the date of the hearing. (2) At such a hearing the applicant shall have an opportunity to be heard and to shay case as to whty such notice or order should be modified, extended, revoked or very a variance should be granted. (3) The housing appeals board, by a majority vote, nay sustain, modify, extend or revoke a notice to grant or deny a variance. (4) The housing appeals board ney grant variances or extensions of tine to make repairs. In the event that an extension and/or variance is granted, the board shall observe the following conditions: a. In lieu of or in addition to administra- tive extensions, the housing appals toad may grant an extension or extensions of tine for the compliance of any order or notice provided that the board makes specific findings of fact basal on evidence relating to the following: 1. That there are practical difficulties or tmecessary hardships in carrying 2, Ondinance No. 88-3385 Page 3 out the strict letter of any notice or order; and 2. That such an extension is in harmony with the general purpose and intent of this chapter in securing the public health, safety and general welfare. b. Except under extraordinary circunstances, the extension or sun of extensions shall not exceed eighteen (18) months. c. The housing appeals board may grant a variance in a specific case and from a specific provision of this chapter abject to appropriate conditions; and provided the board makes specific findings of fact based on the evidence presented on the record as a whole, and related to the following: 1. That there are practical difficulties or unnecessary hardships in carrying out a strict letter of any notice or order; and • 2. That due to the particular circum- stances presented, the effect of the application of the provisions would be arbitrary in the specific case; and 3. That an extension would not consti- tute an appropriate randy for these practical difficulties or unnecessary hardships in this arbitrary effect; and 4. That such variance is in horny with the general purpose and intent of this chapter in securing the public health, safety and general welfare. d. Upon appeal, or by petition, the housing appeals board shall consider the adoption of a general variance. The housing appeals board by a majority vote may establish a general variance for existing structures which cannot practicably meet the standards of the Code. Prior to considering any general variance, public notice shall be given. A general variance, if granted, shall: 1. State in what manner the variance from the specific provision(s) is to be allowed; and 2. -State the conditions under which the variance is to be made; and 3. Be based upon specific findings of fact based on evidence related to the following: 27 ordinance No 88-3385 Page 4 (a) That there are practical difficulties or unnecessary hardships in carrying out the strict letter of the specific provision; cam= to dwellings, Selling units or roaming units to which the variance will apply; and (b) That such variance is in hammy with the general purpose and intent of this ordinance in securing the public health, safety and general welfare. The effective date of the variance shall be thirty (30) days after notification to the city cancil unless vetoed by an extraordinary majority of the city oancil during said thirty-day period. SECTICN_ 4. That Chapter 17 of the Code of Ordi- nances of the City of Iaa City, Ioa, be, and the sane is hereby mended by repealing Section 17-3(k) thereof, and enacting in lieu thereof a new section to be codified the sale to read as follows: (k) Placarding Procedures. Any dwelling, dwelling unit, or mooing unit which is foud to be so damaged, decayed, dilapidated, unsanitary, unsafe, or venin-infested that it creates a hazard to the health or safety of the coapaits or of the public shall be determined to be unfit for hunan habitation and shall be so designated and placarded by the Director. SECTICN 5. That Chapter 17 of the Cade of Ordi- nances of the City of Iowa City, Iowa, be, and the same is hereby alerded by repealing Section 17-3(r) thereof, and enacting in lieu thereof a new section to be codified the sale to read as follows: (r) Penalty. Any violation of this Chapter shall be considered a misdemeanor or unicipal infraction as provided for oder Chapter 1 of the Code of Ordinances of Iaa City. SECTICN 6. That Chapter 17 of the Code of Ordi- nances of the City of Iowa City, Iaa, be, and the sane is hereby ammarded by repealing Section 17-3(t) thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: (t) Other reledies. If other nethods to obtain campliace have failed, the Director nay corrtraut to have the work done as necessary to ratuly a violation, the cost of which shall be assessed to the violator and constitute a lien on the property until paid. No provisions or section of this Chapter shall in any way limit any other remedies available under the provi- sions of the Housing Code or any other appli- cable law. 17 Ordinance No. 88-3385 Page 5 SECTION 7. That Chapter 17 of the Code of Ordi- nances of the City of Iaa City, Iowa, be, and the sane is hereby amended by adding thereto the following new section as Section 17-3(u), entitled "Fees," as follows: (u) Fees. The Deparim3nt of Housing & Inspection Services is authorized to assess permit ad reinspection fees, the amounts of rhich shall be established ty resolution of the Iowa City City Concil. SECTION 8. That Chapter 17 of the Code of Ordi- nances of the City of Iowa City, Iara, be, and the same is hereby mended by repealing Section 17-4(f) thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: (f) Rental permit. A rental permit shall be a docunent indicating compliance with Section 17- 7 of the housing code at the time of issuance and shall be valid for a specified period of tine. The document shall be transferable frau one owner or operator to another at any tine prior to its expiration, termination, or revocation. The aver or operator shall ratify the deparbn nt of housing and inspection services of any change of interest a^ worship in the property within thirty (30) days of any conveyance or transfer of interest affecting the property and provide the name and address of all persons who have acquired an interest therein. In the event that the department of housing and inspection services has not been notified of such conveyance or transfer within the designated period of time, the rental permit shall be transferred fran one owner or operator to another only upon overt of a fee, the aunt of which shall be established by resolution of the Iola City City Camel, which shall be assessed to the nam war or op-abr. The rental permit shall state the date of issuance, the address of the strutre to which it is applicable, the name of the owner or operator to which it is applicable, and its expiration date. All dwelling units and roaring nits being let for rent and occ'ancy without a valid rental permit or application for the same on file with the city and fees paid may be ordered vacated. SECTION 9. That Chapter 17 of the Code of Ordi- nances of the City of Iaa City, Iara, be, and the same is hereby amended by repealing Section 17-4(h) thereof, and enacting in lieu thereof a new section to be codified the same to read as follais: (h) Issuance of a Rental Permit. When all provi- sions of Section 17-7 of the Housing Code have been carplied with by the aver or operator, 2:1 Ordinance No. 88-3385 Page 6 the Dep event of Housing and Inspection Services shall issue a rental permit upon payment of all permit and reinspection It, the ant of which shall be established by resolution of the Ioa City City Council. SECTION 10. That Chapter 17 of the Code of Ordinances of the City of Iowa City, Iaua, be, and the same is hereby arended by repealing Section 17- 5(i) thereof, and enacting in lieu thereof a new section to be codified the sate to read as follows: (i) Exits. (1) Every dwelling unit and roaming unit shall comply with the following exit requirements: a. Single-family hares shall have access to at least one exit. b. Duplex structures. Every dwelling unit and rooming unit within a duplex stnxtare shall have access to at least are edt ad shall have not less than two (2) exits fran each floor where the floor area exceeds three thousand (3,000) square feet. c. Multiple dwellings and roaring houses. Every dwelling unit and roaming unit within a nultiple dwelling or roaring house shall have access to two (2) exits. d. Where only one exit is required, it shall be a continuous and unobstructed means of egress which discharges directly or via corridors or stairways, or both,to a publiaiay. e. Where at least two (2) exits are rewind, they shall be independent, unobstructed means of egress remote fran each offer ad at least one shall discharge directly or via corridors or stairways, or both, to a publicway; if both means of egress are designated to a canon corridor, they shall be in opposite directions inuedi- ately upon exiting the dwelling unit or roaming unit except that a canon path of travel nay be permitted for the first twenty (20) feet; that is, a dead-ad corridor nay be permitted not to exceed twenty (20) feet in length. f. Basest and floor above the woad stay containing habitable space shall have not less than two (2) exits except when such floors or basements are used exclusively for the service of the building. (2) Every means of egress shall comply with the following requirennts: a. Handrails - All stairways comprised of fair (4) or more risers shall be provided with a substantial and safe hadail. Taw Ordinance No. 88-3385 Page 7 - constnrctian or remodeling shall Imply with the Iowa City Building Code. b. Guardrails - A11 unenclosed floor ad roof openings, open and glazed sides of landings and ramps, balconies or porches which are pore than thirty (30) inches above grade or above the floor below or any roof used for any otter service of the building shall be protected by a substan- tial and safe guardrail. Ned a sb dim or remodeling shall amply with the Ioa City Building Code. c. Riser height and tread width - Every stairway shall have a uniform riser h&j-ft and uniform tread wridth which shall be adequate for safe use. d. Lockable doors, windows - Doors and windows readily accessible from outside the mit shall be lockable fran inside the mit. e. Basement window egress - In baseman wits where one means of egress is a window, such window shall have an unobstructed opening no less in area than that required in the building ar4/or fire codes. f. Fire escapes - No existing fire escape shall be deemed a sufficient means of egress unless it is in caiplianoe with the fire codes of the state and the city. g. Doorway size - Every doorway providing ingress or egress frau any dwelling unit, naming unit or habitable roan shall be at least six (6) feet, four (4) inches high and twenty-four (24) inches wide. SECTION 11. That Chapter 17 of the Code of Ordi- nances of the City of Iowa City, Iowa, be, and the sae is hereby amended by repealing Section 17-5(j) thereof, and enacting in lieu thereof a new section to be codified the sane to read as follows: (1) Every habitable nam except a kitchen shall have at least one window or skylight facing directly to the outdoors. The minium total window or skylight area, measured between stops, for every habitable roan except the kitchen, shall have at least eight (8) percent of the floor area of such roan or that amort of window and/or skylight area specifies by the Ioa City Building Code. (2) For the purpose of determining natural light and natural ventilation requirements, any roan may be considered as a portion of an adjoining roan when one-half of the area of the camun wall is open and unobstructed and provides an opening of not less than one-terth of tie floor 2:7 ordinance No. 88-3385 Page 8 area of the interior roan or twenty-five (25) square feet, whichever is greater. SECTION 12. That Chapter 17 of the Code of Ordi- nances of the City of Iaa City, Iowa, be, and the same is hereby amended by repealing Section 17-5(1) thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: (1) Heating. (1) Every dialling shall have heating facilities which are properly installed and are gable of safely and adequately heating all habitable roans, bathrooms and toilet roans located therein to a temperature of at least sixty- eight (68) degrees Fahrenheit (twenty (20) degrees Centigrade) and shall be capable of maintaining in all said locations a mininun temperature of sixty-five degrees Fahrenheit (eighteen (18) degrees Centigrade) at a distance of three (3) feet above the floor level at all times. Such heating facilities shall be so designed and equipped that haat, as herein specified, is available far all dialling units and roaming units. (2) Every central heating unit, space heater, Mater heater and cooking appliance shall be located and installed in such a manner so as to afford reasonable protection against involvement of egress facilities or egress mites in the eat of uncontrolled fire in the structure. (3) Every fuel-burning heating unit or rater heats' shall be effectively vented in a safe roarer to a chimney or duct leading to the exterior of the building. The chimney, dirt and vent shall be of such design as to assure papa' daft all shall be adequately supported. (4) No fuel-burning furnace shall be located within any sleeping roan or bathroom unless provided with adequate ducting for air supply fran the exterior, and the combustion chanter for such heating unit shall be sealed frau the roan in an airtight manner. Fuel-burning water Waters are prohibited in bathrooms and sleeping Toms. (5) Every steam or hot water boiler ad every Mate heater shall be protected against over-heating by appropriate pressure and temperature limit controls. Such controls shall have a properly installed extension pipe on the pressure temperature control valve. (6) Every fuel-burning space heating mit ad water heater shall be equipped with an electronic ignition or with a pilot light and an autaratic control to interrupt the flow of fuel to the unit in the event of a failure of the ignition device. All such heating units shall have a limit control to prevent overheating. Ordinance No. 88-3385 Page 9 SECTION 13. That Chapter 17 of the Code of Ordinances of the City of Iahra City, Iowa, be, and the same is hereby amended by repealing Section 17- 5(n) thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: (n) Minimun space, used and location requirements: (1) Floor area per occupant. a. Every dwelling unit shall contain at least me hu fired twenty (120) square feet of habitable floor space for the first occupant thereof and at least one hundred (100) additional square feet of habitable floor space for every additional occupant thereof. b. For the purposes of determining the maxinun permissible occupancy, the floor area of that part of a roan where the ceiling height is less than five (5) feet shall not be considered when miputirg the total floor area of the roan. (2) Maximo occupancy. Not more than one family, plus that number of roamers permitted in the zoning ordinance, except for guests, shall occupy a dwelling unit unless a rental permit for a rooming house has been granted. (3) Sleeping roans. In every dwelling unit of two (2) or more roams and every loaning mit, every roan ocapied for sleeping purposes by one ocapant shall contain at least seventy (70) square feet of floor space and every roan occupied for sleeping purposes ty are than ane occupant shall contain at least forty (40) square feet of floor space for each occupant thereof. Exception: Two-bedroom mobile hares shall be required to have only one bedroom in alliance with this section. (4) Ceiling height. The ceiling height of every habitable roan shall be at least seven (7) feet. a. In my habitable roan what the ceiling is a part of a sloping roof, at least one- half of the floor area shall have a ceiling height of at least seam (7) feet. Floor area, as stated above, shall mean the area of the floor where the vertical measurement frau floor to ceiling is five (5) feet or more. b. Obstructions of space by such items as water and gas pipes, cabinetry, etc. shall be permitted when such obstructions are located within two (2) feet of a partitim or wall; do not interfere with normal ingress and egress; would not interfere with an emergency ingress or egress; and Ordinance No. 88-3385 Page 10 are approved by the inspector. Obstruc- tion of ceiling space shall be permitted when such obstruction is located at a height of not less Thai six (6) feet, far (4) inches fran the floor and which does not occupy more than twenty-five (25) percent of the cubic area of the space within a roan which is further than six (6) feet four (4) inches frau the floor. SECTICN 14. That Chapter 17 of the Code of Ordi- nances of the City of Iowa City, Iowa, be, and the sane is hereby amended by adding thereto the following new section as Section 17-5(o), entitled "Fire Protection Equipment," as follows: (o) Fire Protection Equip>onnt. All fire extin- guishers and early warning fire protection system shall be properly installed a cording to the Ione City Fire Code. SECTICN 15. That Chapter 17 of the Code of Ordi- nances of the City of Iaa City, Iowa, be, and the same is hereby amended by repealing Section 17-7(i) thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: (i) Electrical Systen. The electrical system of every duelling or accessory strucbre shall not by reason of overloading, dilapidation, lads of insulation, improper fusing or arty oder cause, expose ocapants to hazard of electrical shock or fire and every electrical outlet, switch, and fixture shall be cmplete as manufactured and maintained in good and safe working condition. SECTICN 16. That Chapter 17 of the Code of Ordi- nances of the City of Iaa City, Iowa, be, and the same is hereby amended by repealing Section 17-7(1) thereof, and enacting in lieu thereof a nav section to be codified the same to read as follow: (1) Maintenance of Heating and Scpplied Cooling Equipment. The heating equipment of each duelling shall be maintained in good and safe working condition and shall be capable of heating all habitable roams, bathroom and toilet roans located therein to a minimum teaperature required by this Code. However, heating and cooling equipment shall not be required to be maintained in operational condition during that tine of year when said equipment is not normally used. No mmhstible material shall be stared within cine feet of a fuel-burning furnace and/or fuel-li nirg nater heater. SECTION 17. That Chapter 17 of the Code of Ordi- nances of the City of Ica City, Iaa, be, and the same is hereby amended by repealing Section 17-7(q) 2.7 ordinance No. 88-3385 Page 11 thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: (q) Fire Protection Equipment. All fire extin- guishers and early warning fire protection systens shall be maintained in good working condition at all tines. Fire ectinguishers shall be nonmed and meet the requirements of the Iowa City Fire Cade. SECTICN 18. That Chapter 17 of the Code of Ordi- nances of the City of Iowa City, Iara, be, and the same is hereby amended by repealing Section 17-7(v) thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: (v) Maintenance of extender areas. Every aver or operator shall be responsible for maintaining the exterior areas in a safe, clean, and sanitary cuulitim. SECTION 19. That Chapter 17 of the Code of Ordi- nances of the City of Iara City, Iara, be, and the same is hereby mended by repealing Section 17-7(y) thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: (y) Occupancy Control. (1) A Belling mit shall not be ompied by a rather of persons greater than allowed by the Ins City Zoning Ordinance. (2) No roan shall be used as a habitable roan unless certified as a habitable row at the tine the Certificate of Strucbre Compliance is issued. SECTION 20. That Chapter 17 of the Code of Ordinances of the City of Iaa City, Iara, be, and the same is hereby wended by repealing Section 17- 8(e) thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: (e) Use and Operation of Supplied Heating Facilities. Every occupant of a dwelling mit or roanirg mit shall be responsible for the exercise of reasonable care, proper use and proper operation of supplied heating facili- ties. No cantustible rsterial shall be stared within three feet of a fuel-ba iing furnace and/or fuel-burning water heater. SECTICti 21. That Chapter 17 of the Code of Ordinances of the City of Ias City, Ioa, be, and the sane is hereby amended by repealing Section 17- 8(i) thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: (i) Occupancy Control. (1) A dulling mit shall rot be ®pied by a nurter of persons greater than allowed by the Iowa City Zoning Ordinance. (2) No room shall be used as a habitable roan unless certified as a habitable roan at Ordinance No. 88-3385 Page 12 - the time the Certificate of Stnudre Cmplianre is issued. SECTION 22. That Chapter 17 of the Code of Ordi- nances of the City of Iaa City, Iota, be, and the sane is hereby wended by adding thereto the following new section as Section 17-8(j), entitled "Fire Protection Equipment," as follows: j. Fire Protection Equipment. All fire extin- guishers ad early Naming fire protection systems shall be maintained in good taking caditim at all tiers. Fire extinguishers shall be wanted and meet the requirements of the Iaa City Fire Code. • SECTION 23. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTICN 24. 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 /thole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 25. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approval this 28th day of June, 1988. gareera2 4 YOR ATTEST• as 9(. ,_� C App • to as • orm /'/ I 6/o% Legal DeparthEnt '1, It was moved by Ambrisco and seconded by Strait that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration 6/14/88 Vote for passage: Ayes: Larson, McDonald, Strait, Ambrisco, Courtney, Dickson, Horowitz. Nays: None. Absent: None. Second Consideration Vote for passage: Date published 7/ 13/88 Moved by Ambrisco, 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 final passage at this time. Ayes: Courtney, Horowitz, Larson, McDonald, Strait, Ambrisco. Nays: None. Absent: Dickson. 21 CITY OF IOWA CITY CIVIC 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. 88-3385 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 28th day of June , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 13th day of July , 1988 Dated at Iowa City, Iowa, this28th day of Jul" ,19 88 CRa ona Parrott, Deputy City Clerk X93 CRTINrNE NO. 8d-Sys- - b. Except under extraordinary citracnTance, AN 01DIN:GE PILLING CHaPTIR 17 Cl THF ren a the extension or sun of extensions shall OR71".YCES OF Pa CITY Cl ICA CITY, IO4, (1) BY alt exceed eighteen (18)moths. t REPEALIIG SECTIob 17-1, 17-3, 17-4, 17 5, 17-7 Ab c. The housing appawls hoard nay gran[ a 17-8, IFI ENACTING A IN LIEU TI! Cl tea SECTIOG TO variance ;n a specific rase art frown a BE CODIFIED TI 54T, Pfd7/IOItG FOR 1H[ten a 4TIO1 specific prwisIm of this chapter slued OF THE WITS 110N i CERTAIN CO PJil4 IIN RD - to appropriate conditions; and prwidtd TIVE FR71 INSPECTION, TO NIINORIZE REINSPEC- the board makes specific finings of fact ' TION FEES ANY FILING FEES FOR USING PPPENs, AS based on the evidence presented on the SET BY RESOLUcIOa, TO NINCRIZE AN AMITY/it fBhA' nand as a wdole, and related to the • FOR THF CERTAIN lICN OF RoINe VIOATIOS, To ENSURE following: 1FWT K161tG f+II1 zairRS ARE CabI) TO 1. That there are practical difficulties CLARIFY CLPoEENT a011D1'G NO ZOIILE inTS, NG TO or hardships in carving CERTAIN O1HEA EXISTING P%1CQ]N5. out a strict strict letter of any notice or BE IT OFILAINED BY THE CITY COTCIL a CF lIE CITYfir' ant _ ION CITY, 1Q44: 2. That dueto the particular cof tn- SECTION 1. That Chapter 17 of rhe Code of &di- stares presented, the effect of the - nances of the City of Iowa City, Ina, be, and the sore is hereby ended by recleaning applicetitp of the provisions would Section 17-1(b) be arbitrary in the specific case; ard thereof, and enacting in lieu thereof a rex sectio . to be codified the sae to read as fallen: 3. That an extension would rot mnsti- (b) Cmplianco with state code. The City, in lute an aryrppriatc remedy for these cmplranee with the requirements of the Nap n>< practical d1 oilties or unesssay Ice 364.17, hereby adopts the Decanter 17, hardships in this arbitrary effect; 1979, version of the "Housing Quality Stan- •' and - dards" prmulgated by Ihe. United States 4. That such variance is in Inn/with n and intent f Printer's fee S�%��d LYpartmnt of Mousing & Urban Oeelgnent (24 this aeon AWothe general securing 11x: public C.F.R. Section 882.109(a) Nrggh (I), az the health, safety andoeneral welfare. adopCERTIFICATE OF PUBLICATION City model Iwsi g [ode for the City. The A. upon atual, m bit pet , the housing City has integrated the uWsirg pulite appeals board shall collider the adoption Standard) in Sections 17-I through 17-8 of the STATE OF IOWA, Johnson County, ss: Housing Code Mir, provisions, tote enforced of a general valiance. the l y appeals board M' a majority vote nay ! THE IOWA CITY PRESS-CITIZEN by the City, are as stringent as, or Imre establish a general variance for existing stringent than, those in anee coned Muslin Cap structures Much carrot practicably met as adopted. SECeICN 2. That Chapter 17 of the Cade of OMI- the sfardana of the Cole. Prim to names of the City of Ian City. Iowa, he, and considershe am general variance, public is hereby mended by repealing Section 17-3(b)(b) notice shall be given, A general thereof, and enacting in lieu thereof a ter section yarlaSta if granted, shall: I to be codified the sate to read as follows: ]. State in net runner by variance Carol Barr, being duly sworn, say that I (b) Inspections. fn cuespecific provision(s) is to • (1) Inspection of weer-acapied, single-fanily H allowed; and • am the legal clerk of the IOWA CITY 2. State the conditions alder'which the dwellings. Inspections of outer-occupied, variance is to be nude; and PRESS-CITIZEN, a newspaper single-fainly den Ings shall occur only upon 3. Be based tool specific findings of cmrequest or plaint to the inspector and only fact based m evidace related to the published in said county, and that a notice, aprinted the standards of Section 17-5, 17-7 and 17-8 following: copy of which is hereto shall te applicable. (2) Inspections of structure itom. The pansies (a) That there are practical attached, was published in said paper of Sections 17-5 and 17-6 in effect at the tie difficulties or necessary / time(s), on the following of issuance of a certificate of structure hardships in naming alt the date(S): - caalliance shall be the only structure sten- strict letter of the specific applicable to a dwelling. Lem the provision, canon to dwellings, issuance of a certificate of structure dwelling units or reaming Wits /At �1 - / /17� v ti, ad force shall be ro structure initem to shirt the variance will '-U!c1//��/C/.{f/' /J tion and enforcement of the stricture atom Thataty; alt iter Sections 17-5 and 17-6 of the housing (b) such variance is a hinny with purpose and (3) Maintenance inspections. Inspections of the intent of this ordinance in provisions of Section 17-7 si code noasing cosecuring the public health, shall be tucted upon rosiest, on a=plant aid general welfare. ca basis, and/or through a program of regular The effective date of after varian--e shall rental inspections in hitch regular inertias • Iti thirty ty (30) days notification to Legal Clerk shall be ea-ducted as t shall by resolution the city council unless elancity by an of the city condi tut shall not be conducted extraordinary majority of the oatxil rore frequently than yearly nor las pattly daring said thirty-day pulled. fre than as follows: SECTION 4. That Chapter 17 of the Cale of Ordi- Subscribe/d and own to before me Fhltiple belling Wits Every zy s nances of the City of lona City, Iowa, be, and the J // I (Imluding mdminiuus ad art:natives in sem is hereby ended by repealing Section,17-3(k) // c_A whi h me or own ental units a c treated:) thereof, M Cod and the M[same lieu f ead thereof f of a r ca Nim this�w day of _ , A.D. Oploxa`hose Every'2YTrs (k) PlodifiegProcedures Mydeling, belling Every 3)n unit, or roaring unit with is fend to be so �� ' (Including a renal and re located.) in dmageddecayed, dilapidated, unsanitary, Witch cue m nue retial units are located.) unsafe, or vermin-infested that it creates a I9 , Single-fainly rental dellings....Ele 4 yrs k IFSECTIO( 3. That Chapter 17 of the Code of Crdi- ' hazard to the health or safety of Ur anions 111.ail / _ -, a ia nances of the City of Ice City, Iowa, be, and the ^ or of the public shall be determined to he sae is hereby waded by repeating Section 17-3(i) ii unfit for nen habitation and shall be so thereof, and each in lieu thereof a new section designated and placarded by the Director. Notary PublicSECTION 5. That astir 17 of the Code of Odi- ' to be codified the sae to read as follows: I` I (i) :weals board pramdtrps. nates of -op tY o Iwo City, los, H, and the • SHARON STUBBS I (1) The Musing appeals board, nIDm receipt of an sem is herew tit by repealing Section section 17-3(r) SP; I neat newest and of Nle fileg fre a thereof, ardawactung in lieu thereof a new established by resolution of cue Ice City City to be rea'neirlee sale to read az Wads' - faaril, shall set a tine and a place for the (r) Penalty h,anAny�violation of this Chapter shall tearing. lhe applicant shall be advised, in H --�r-+W a misdemarar m mnicipal writing, of such tire and place at least seven ' infiart has provided for order Cheater 1 of • (7)days prior to the date of the Haring. the1bdit f Ordinances of los City. ' (2) At such a hearing the applicant shall have an 'ecan5ECTIot) de Chapter 17 of' the Caof Ordi- effertanity to to heard ad to an re as to ons ty of Ica City, love, he, and the • My such notice or otter sheuld he notified, sae is armed by menthe Section 17-3(t) extended, revoked or My a variance should be t'mof, ad ting in lieu thereof a new section gond, to Ie codified the sae to read as follows: _ (3) The horsing appeals board, try a majority vote, (t) Other remedies. If otter aeaeds to obtain ray sustain, nudity; extend or revoke a notice mryl donee have failed, the Directs nay to grant or Hefty a variance. contract la have the mot doe as mammary to housing(4) The using appeals board nay grant variances needy a.rtolatim, tic est of Midi shall M m extensions of tee to make repairs. In the assessed to Um violator ad constitute a lien event that an edesim ad/or variance is granted, the bard shall aPsene the follcwirg • editions: - a. In lieu of m in addition to admnistra- -"--e'll-e'— "'""""_"a" tiro extension, the Inning alpels bad ray grant an extension or extensions of tine for the cmpliarce of any order or notice provided that the board makes specific findings of fact based on evidence relating to the following! 1. That there are practical difficulties or necessary hardships in carrying ..�" — -,--'m.--.'`.-_"`a` """—."" out the strict letter of any notice or order; and 2. That such anextension is in hammy with the general purpose and intent of this chapter in securing the public health, safety and general _welfare. i u, us pawn pd/1/11.11 pm!. nu prUats,ms or� Were Ore nears of egress is a windrow, tr�C _ ,- section of this Chapter shall in any way limit such violas shall haat an tndatncted �t any other remar er redies available the provi-, opining m less in an to that rewind (/J!f/ situs of tie[lousing Code or any otter appli-! in the Wilding and/or fire.codes. cable lar. f. Fire ecwes - lb existing fire escapee SECTION 7. That[hepta 17 of the fade of Orli- shall he denied a sufficient norms of nares of the City of lee City, lana, he;and the egress unless it is in cmpliaae with to sale is hereby amended by adirg thereto the fire codes of the state aid the city. following nag section as Secttm 17-3(u), entitled g. Oponey size - Every door ay providing Fees,"as foliate: Ingress or egress fran any belling mit, (u) Fees. lie tivtno t of truing&Irtpectimi miming snit or habitable two shell to at Saviors is authorized to assess permit aril . least six (6) feet, faun(4) inches high � reiectim fes, tie aunts of giid,shall, and[wady-four(24)irc es wide. be esfablisled byresalutim of the be City SECTION U. That of&di- City Carcil. names of the City oofl Chapter lCitoy,, lam, and the =Le. That Chapter 17 of the Cade of Qdi-, sale is hereby mended by repeal log Section 17-5(j) races of the City of lea City, lm, be, and the g thereof, ad enacting in lieu thereof a new section sale is hereby ant by repealing Section 17-4(f) to be codified the sate to read as follies: thereof, and matting in lieu thereof a rev section: (1) Every *bitable man to be codified the sate to real as follows: ! ave tab except a ylight shall (f) Rental pemrit. A rental permit shall_be a' directly to. at-least a it's,wirdow ole linin facing t lidicati menace with Satin 17- , yfo to outdoors. The minima total 7 of tie housing code at the tire of issuers winder for every h iat bl measured c t to sips. fol-' every habitable ran eequt the ad . tllhe he valid for a specified periodeof of the shall have at stern ergot(8)amount time. Thr loaner[ or t be transferable fran ' of the iifloor1*lrn of sots noon or that ed scant me surer or operator tb mother atsany tire '1 of wirdiei a skylight area ramified b'tie prior to its expiration, termination, or , lore.LY revocation. The ewer or operator dell ratify (2) For did'. of determining natural light the eepartat of hawing and inspection - and natrel" latlm rewirmeds, any ran services of any change of interest or arerhip - nay le coat cpsa In tee pnperty within thirty (30) days of any l. mare Meat f portico of an adjoiningarea of the canal llvof to the patce or transfer of interest a affectingddrwell is ad- 1uione- and providesm the property and provide the nate are endless taming ; � less than one-tenth of to Floor ofall. Inns ¢l that the dean have a interest rtoem st area of tW tnteaia rebody-five or edy-five (25) • housing and inspection services has not been ffia ware feThlt Chapter apte r is of then. notified of such comeyace or transfer within es f2 7i td/of lien 17 ,the , S of the designated period of tire, the rental ' names of the City ie boar Clay, Ione, he, ad(1e sere is hereby scaled by repealing Section section permit shall a e rnly.te frau ere oleo e, thereof, and enacting in lieu Hereof a ter section i operator to another shall este of a foe, tate ecdifiei.tersam to read as Collars: , the need of Witch shall ba established td/ - (1) !lathe.. resolution of tie be City City Carat,Wads , (1) Every Selling shall have heating facilities shall ba assessed to to ver ora a maMQ shWM are properly installed ad are c4tale of rhe rental permit shall state to dateof safely ad adequately heats all itable issuance, the address'of the stadia"to Wadi mans, batnwm and toilet rocs located . it is applicable, the nam of the mer be therein,to.a tehperature of at least sixty- , operator to Mirk it is applicable, sed its expiration date. All belling units ad ei ((rees ltd rade) d shallallt (bdnty (2 o) ' roaring nits being let for neat ad occupancy made) and be capable of wiled a valid rental permit or application a rerteratreintainirg in all said locarees a ruieit for the sore m file with the city aro fees teryeraen (18)of sixty-five degrees e) at ala paid wy he ordered vacated. . stan th degrees Centigrade) at a SECTION 4. That Chapter 17 of the Cole of Ordi- , distance:al Three (3) feet atone the floor names of the City of Ion City, Ion, te, ad the 1 level at sol sires. Such heating facilities g sen is hereby aradel by repealing Section 174(h) 'g terei he so designed Is area anon that that, as thereof, ad enacting in lieu thereof a nee section � mermen sp,-ea i 1, is available fa•all dellag to be codified to sate to read as follies: Every and rie units. (h) Issuance of a Rental fnmit. Nam all-proof-• (2) Every central ki,appliance mit, spare I®e l refer heater all d su a rshall be located teens cof lection 17-7t of the.Darer or Code have and onableled insuch a reamer i as to at of hen complied with pd/ to weror operator, reasonable protection against inwlwgmt of the Otparncnt of Nasieg ad Inspection , egress facilities er egress routes in tie seat Services shall issue a rental permit spat of umntrolled fin,in the structure. paned of all petit ad reinspection fes, (3) Every fuel-turning heating mit a-warm hater the aunt of Mich shall be establiset ty•, shall be effectively'venal in a safe msra to a resoltdim of the lee City City Cantil. a chinrey or dict leading to to exterior of SECR(N le. That Chapter 17 of tie Cade of the butldirg. The ihioney, cart ad cad shall Ordinances of the City of lm City, Im, be, ad be of such design as to assure props'daft ad the sae is hereby mended by repealing Section 17- shall he adwatfy suported. 5(1) thereof, ad enacting in lieu Hereof a ren (4) tb fuel-finning furnace shall be loatcd within satire to be codified the sane to read as follon: any sleeping ren or batiaoan unless provided (1) Exits. with ala ate Meting for air supply fran the (1) Every Selling unit ad roaring mit shall exterior, and the caaiiistim defier for such -- rarply with tie folluring exit regretm dts: heating mit shall,ha sealed fran to roan in a. Single-family hales shall have access to ; an alrtl rt wren-1ml-taming;titer ludas at least me exit. are prohibited in bathrooms ad sl b. fplex street:es. Every Selling mit (5) Every �� • and rowing mit within a doles stachre heshall beet welter toiler against o any refer• rg shall have acess to at least aro edt ad paMeceed'dem acre limit shall have not less than two (2) exits M grppriate;pressure ab teleerature limit fran each floor Were tie floor area fmtrols. Such in a t is shall have a properly'. eoaaeds three tlousard (3,11m) were installs extesim pipe an the pesure feet• teperati a mdaol valve. c. Itltiple ;fallings and ranting horses. (6) Every furl-homing space heating wit all bate Every belling wit ad running unit heater shall be egaipped with an electronic. within a nultiple Selling or reaming , ignition or with a pilot lila ad an Mastic- Mase shall have access to two (2)exits. •. control to interrupt the flan of fuel to the d. Ware only are exit is repaired, it shall mit in the event of a failure of the Ignition be a continuous and antarctal mans of M.vice. All Such heating units shall have a egress Midi discharges directly or via limit control to prevent osateatirg. aaridrs or stairways, or heth,to a DQ1 13. That. Chapter 17 of tie Cade of l i e. Were amt least two (2),exits are remind, Creinacesi of the City of Ion City, Ina, he, ad they shall be iMepedent, menstruated 5n ram eo,, andeby annided'by I law th reof a 17e leans of egress remote from eat dim ad ' 5(n) thereof, and enacting in lieu l fo a rev at least.one shall diseaarge directly or (n)tion to he codified us d a ram to read as follow: via corridors or stairways, or both, to a • (n) Minton space,per r od cep nt.locrequirelents: *limey; if both mails of egress are (1) Floore area belling arrpant. designated .to a cannon corridor, they a. Every S -al ti mit shall33contain ft least shall be in oeposit directions iamdi- ere boo (120) were fat of ably teal exiting to belling unit:or, habitable floor spas for to first roadrg mit except that a maw path of =pant thereof ad squareat least me hrdrei travel nay he permitted for tie. first. (100) for feet of habitable Linty (20) feet; that is, a deadad floor space for every additional aapant corridor nay te permitted not to exceed thereof. benty'(20) feet in legth. b. For tle rmiposaz cc determining ttiel floor 1. Basements ad floor above the amt stay of permissible of a an We fl the containing habitable space shall have rot areail that part s a i Man More the less than two (2) exits except Men sag ceiling tete considered hers tan five (5) ftie floors a baseents are used exclusively total rot M. fteroanWien. erg tie for the service of the tuildisg. total floor area of the roan. 1 a (2) Maxplus outer. Not arsare perp to fib tie (2) Every areas of egress shall. empty with.the i plus that oder of lacers permitted in tris following requirements: zoning ordinance, a. Handrails - All staine/•s cmprisel of ' py sit to for guests, shall four (4)'or nore risen shall be provided ompy a Selling mit unless a rental permit with a uaetrrtial ad safe hvdail. Na a for a rearing Muse has been grated: (3) a-fl roma. In every Selling unit of to mmwenor m (2)nweleling shall old/ g (2) a acre roars and every marring mit, nay , with the o tm City Building Cats. roan occupied for sluing purposes by me b. Guardrails - All ueclosed flea-ad roof , octane shall contain at least seventy (70) comings, open aware d •loaned sides of feet of floor space and every ren lendings ad rams, balconies or pucks ompied for l curl purpose are dei ore Midi are acre than thirty (30) roles square t shall contain at least forty (40) atom grad? or above tie floor helor or save fret of floor space for each coram[ any reef used for any uter'service of tic g thereof. _ toilding shall hepotected by a utotat- I Fxaptier Tao-badman mobile hares shall tial ad safe guardrail. IS cmsbuilm i be requited to have only ore tedrunn in or r®deliag shall taply with to be cmpliaae with this section. - CityBsildingCode. • i (4) Cellirg height. The ceiling height of every c. Riser height and triad width - Every habitable roan shall be at least seven (7) stainey shall have',mifma rise hilt • fret. ad uniform tread.Width Weida shall ba a. In any habitable roan Were to oiling is use:adequate for safe :' a part of a sloping roof, at least crie- d. Lockable doors, window - tows and half of the floor area shall have a rindaw readily accessible front outside I ceiling height of at least sem (7) fat. tie mit shall be lockable iron inside tie Floor area, as stated above, shall nen the area of the floor Mere the vertical neapnegmt fran floor to ceiling is five (5) feet or acre. gr K- E>3 is." b. Obstructions of space by such item as water and gas pipes, cabinetry, etc. shall $FCT1CN 19. That Chapter 17 of the Code of Odf- tae permitted when such obstructions are nances of the City of lana City, lama, be, and the located within twd (2) feet of a partition or wall; do rot interfere with normal sane is hest amine by ruling Section new s7-tion thereof,bec and enacting in lieu thereof a new section ingress and egress; could not interfere to be codified the sane to read as follows: with an emergency impress or egress; and are approved by the inspector. Cbstruc- (Y)(1)Occupancy ng mit shall nut be cowled by a tiro of ceiling space shall be permitted nater of persons create thai allowed by Men such obstruction is located at a the Iowa City Zoning Ordinance. height of not less than six (6) feet, far (2) No roam shall be used as a habitable roan (4) inches frau the floor and which does unless certified as a habitable roan at not occupy Imre than twenty-five (25) the tine the Certificate of Structure percent of the cubic area of the space fmpliarnke is issued. within a roan which is further than six SECTION 20. That Chapter 17 of the Code of (6) feet four(4) inches frau the floor. Ordinances of the City of Iowa City, lona, be, and SECT1CN 14. That Chapter 17 of the Code of Ordi- the sae is hereby amended by repealing Section 17- nances of the City of Iowa City, town, be, and the 8(e) thereof, and enacting in lieu thereof a new sale is hereby aended by adding thereto the section to be codified the same to read as follows: following new section as Section 17-5(o), entitled (e) Use and Operation of Supplied Heating "Fire Protection Ec ipmamt," as follows: Facilities. Every ocapant of a dwelling mit (o) Fire Protection Egnipmart. All fire extin- or roaring mit shall be responsible for the glisters and early warning fire protection exercise of reasonable care, proper use and system shall be properly installed according proper operation of supplied head facili- to the Iowa City Fire Cohe. ties. No c rtustible material shall be stored SECTICN IS. That Chapter 17 of the Code of Ordi- within three feet of a fuel-turning firnace nances of the City of tomo City, Iowa, be, and the and/or fuel-burning water heater. save is hereby amended by repealing Section 17-7(i) SECTION 21. That Chapter 17 of the Code of thereof, and enacting in lieu thereof a new section Ordinances of the City of Iewa City, doer be, and to be codified the sane to read as follows: the sane is hereby amended by repealing Section 17- (i) Electrical System. The electrical system of 8(i) the,ei,f, and enacting in lieu thereof a new every dwelling or accessory stnxtixe stall rut section to be codified the sane to read as follows: by reason of overloading, dilapidation, lack of (i) Ccapancy Control. insulation, inproper fusirg or any cite-case, (1) A dellirg mit shall rot be ocaPied by a expose moments to hazard of electrical shock Huber of persons greater than allowed by or fire and every electrical outlet, switch, the fag City Zoning Ordinance. and fixture shall be mnplete as manufactured (2) No roan shall be used as a habitable roan and maintained in good and safe working unless certified as a habitable roan at condition. SECTION 16. That Chapter 17 of the Code of Orli- the time the Certificate of Structure mantes of the City of Iowa City, Iowa, be, and the Compliance is issued. yingL sae is hereby galled by repealing Section 17-7(1) ft That Chapter 17 of the Code of Crdi- thereof, and enacting in lieu thereof a new section sates of the City of Iowa yita ing, be, and the to be codified the sane to read as follows: same is hereby amended by adding thereto the (1) Maintenance of Heating and Supplied Cooling "Fire iro naw section as Section lows: entitled Fire Protection Epuipmnt,"asifollows: Equipment. The heating equipment of each ci elling shall be maintained in good and safe 7 Fire Protection early warning All fire extio- working condition and shall be capable of sJishes fire protection heating all habitable rervv, bathrooms and col:ticolts shall ll tiM21.wleF in guts working si- toilet room located therein to a minimus shill a at all timet. Fire atingui s f temperature required by this Cade. Fbwever, shall CitymourFir e. the requirements of the fay Fire Oahe. heating and cooling equipment shall rot be SECTION 23. REPEALER: All ordinances and parts of required to be maintained in operational ordinances in conflict with the provisions of this condition during that tine of year when said ordinance are hereby repealed. equipment is not normally used. No corhstible CTIUi 24 SEViceusrErTY: If any section, prowl- material shall be stored within the fat of a situ or part of the Crdmnance shall be adjudged to fuel-turning furnace and/or fuel-burning water be invalid or unconstitutional, such adjudication heater- shall rot affect the validity of the Ordinance as a SECTION 17. That Chapter 17 of the rfrie of Ordi- khole or an section, nances of the City of lee City, Ioe, be, and the y provision or part thereof not sae is hereby wended by repealingSection 17-7(q) �7 25. FF or EFFECTIVE CA : This unconstitutional. SECTION EFFEOTIVI: O'iTE: ThiOrdinance shall thereof, and enacting in lieu thereof a new section be in effect after its final passage, approval and to be codified the save to read as follows: pcfrlication as required by lay. (q) Fire Protection Equipment. All fire extin- Passed and approval this ,,th day of.lune•, guishers and early warning fire protection l`lfi. systems shall be maintained in good working condition at all times. Fire extinguishes 4L _jiee•al shall be nmcnted and meet the requirements of the Iowa City Fire Code. SECTION 1$. That Chapter 17 of the Code of Ordi- ATTEST'7./�a `- -,,) 7i�� nances of the City of Irma City, Iowa, be, and the sale is hereby amended by repealing Section 17-7(v) CITY tt tltmeuf, and enacting in lieu thereof a new section *alorm to be ainte codified the sae to read as follvre mer or(v) Maintenance of exterior areas. Every o]wler dr ri operator shall be responsible for maintaining the exterior areas in a safe, clean, and G�o%d' sanitary condition. tea Deparhra t 23740 July 13,1988 ORDINANCE ND. 88-3386 ORDINANCE TO AMEND THE OFF-SI} ±I PARKING REQUIRE- MENTS IN THE CB-2 ZONE. WHEREAS, the parking regulations stipulate that one off-street parking space shall be provided for every 300 square feet of office use in the CB-2 zone; and WHEREAS, the City recognizes the need to evalu- ate the future of the downtown and its service area before major changes are made in the City's zoning boundaries or parking requirements; and WHEREAS, it is in the public interest to fully utilize larger office buildings which were con- structed at a tine when little or no off-street parking was required in the CB-2 zone or do.rntodn service area; and WHEREAS, the current parking requirements may preclude full utilization of buildings for uses permitted in the zone, thereby dictating a less intense use of the land in this service area than is desirable. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PMt[I ENT. That Subsection 36-58(a)(2)1.2. of the Iowa City Code of Ordinances is hereby deleted and the following inserted in lieu thereof: 2. CB-2 One (1) parking space for each 300 square feet of floor area to a maxi- mm of 27 spaces. No additional parking shall be required for that area exceeding 8,000 square feet. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Pass-ft; • ...roved this 12 • day of Jul , 1988. , / ' MAYOR ATTEST: ' . 2.16) CITY CLERK Approved as to Form sib/if Legal Department c2 8 It was moved by Ambrisco and seconded by Strait that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration 6/14/88 Vote for passage: Ayes: Courtney, Dickson, Horowitz, McDonald, Strait, Ambrisco. Nays: Larson. Absent: None. Second Consideration 6/28/88 Vote for passage: Ayes: Horowitz, McDonald, Strait, Ambrisco, Courtney. Nays: Larson. Absent: Dickson. Date published 7/20/88 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. 88-3386 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 12th day of July , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 20th day of July , 1988 Dated at Iowa City, Iowa, this28th day of July ,19 88 . �Gz .mdna Parrott, Deputy City Clerk OFFICIAL PUBLICATION a OF9iw Nl. 88--1386 Printer's fee$42 OIORWiE W AMU 1W OFF-Snarl WWI%S (EQ1IiE- CERTIFICATE OF PUBLICATION NEWS ill E CB-2 WE. STATE OF IOWA,Johnson County ,ss: nomice packing regulations rtlpflate that . are off-street parking space shall be gronded for THE IOWA CITY PRESS-CITIZEN every IDo spare feet of office use in Le C8-2 zone; and PERF.A the future the City recognizes the re the ad io evalu- ate future of the reiusale nd its service area before major changes are madein the City's zoning boundaries a parking requirements; am I it is in the public iMrxt: to fully utilize ze large office buildings Midi Arae con- Carol Barr, being duly sworn, say that I strutted ata tine abed little Dano off-street am the legal clerk of the IOWA CITY cru area;�ired in the ca-2 emirdomm tn PRESS-CITIZEN, a newspaper IAEIEAS, the affront parking militants amts mmy preclrfi full utilization of bui1kt for uses published in said county, and that a pernntted in the zone, thereby dictating a las notice, a printed copy of which is hereto intense use of the lam in this service area than is desirable. attached, was published in said paper taw, REWRITE, LE IT o91AI1ED BY TIE CITY time(s), on the following Ca1LIL OF 1W CITY OF IPA CITY, INA; date(s): CE>WJ I. 'JItO_ . That Subsection 36-*Jtz)l.2,of-Chp Fos sky Cob of Ordinances / h p is IyGl .deleted am the follaing Inserted in lieu /IL4 7C), /4�(J the t0-2 One (1) parking space for each ZV e' 0/-` / V square feet of flop-area to a mai- 1 mm of 27 spaces. No additional parking shall to required for that _ area exceeding map ware feet. 55�11 II. REPEALER. All and parts /4A J of cad m conflict with th of this • ptlind are hereby repealed, It Legal Clerk SFLTiOI m. arn,aatin, provision or part of the Ordinance adjudged to te invalid or oimal, uted Subscribed and sworn to before me shall not afikt the validity of the _ gess a Mole or any section, provision or pa ' T not l / adjudged invalid a unconstitutional. • �/LU_ `' RECTUMRECTUMIV. EFFECTIVE B41E. Thfc Ordinance this . : o . __4r , A.D. shall to in effect after its final passage, approval •it / and publication as required by ler Pass and ap roved this 12 day of Ju 19,E 1988. 111 ATTEST: 1;4* Notary Public 23917 July 20,1988 SHARON STUBBS • • ORDINANCE NO. 88-3387 AN ORDINANCE AMENDING CHAPTER 32.1, ENTITLED "TAXATION AND REVENUE" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 32.1-63 THEREIN TO INCREASE THE AMOUNT OF THE FINE PROVIDED FOR ILLEGAL PARKING FOR A HANDICAPPED ZONE AS REQUIRED BY SECTIONS 601E.6 AND 805.8 OF THE IOWA CODE, AS AMENDED. • PREAMBLE: WHEREAS, the Iowa Legislature did during the 1988 Legislative Session, pursuant to Senate File 2017, amend Code Section 601E.6 and 805.8 of the Iowa Code to increase the amount of the required fine for- illegal parking in a handicapped parking space from $15 to $25; and • WHEREAS, the City's fine for said offense must be equivalent to that set forth in the Iowa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 32. 1, "Taxation and Revenue" 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, and enacting in lieu thereof a new section to be codified the same to read as follows: Section 32.1-63. Fees or Charges Authorized in Chapter 23. Municipal Code Section Authorizing Fee, Charge, Description of Fee, Fine or Penalty Charge, Fine, or Penalty Charge 23-249 Fee for contractor reservation of $ 4.00/day space (meter hood) Show-up fee charged by tow truck $20.00/day operator 23-274 Parking meter fees: Central business district on-street $ 0.40/hour meter Central business district lot meter $ 0.40/hour Peripheral on-street meter (outside $ 0.30/hour central business district) Peripheral lot meter (outside $ 0.30/hour central business district) Meter hood/contractor $ 4.00/day 23-277 Fees for parking in city parking lots and structures: Municipal parking lot (adjacent to Ramp B) Monthly All-Day Permits $ 40.00/mo. Monthly All-Day Permits (annual advance-payment) $456.00/yr. cD 1 Monthly Off-Hours Permits (after 5 PM, Mon-Fri , all day Saturday and Sunday) $ 29.00/mo. Lot Permits - all other municipal lots $ 30.00/mo. Monthly All -Day Permits $ 30.00/mo. Monthly All -Day Permits (annual advance-payment) $342.00/yr. City Employee Lot Permits $ 15.00/mo. Parking Ramps A and B: Hourly Parker $ 0.40/hour Monthly All-Day Permits $ 40.00/mo. Monthly All -Day Permits (annual advance-payment) $456.00/yr. Monthly Off-Hours Permits $ 29.00/mo. 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 $0.75 shall apply and be deposited at the exit gate. Reissue of lost/stolen permits $ 2.00/each reissue 23-279 Penalties for parking violations: Overtime parking $ 3.00 Expired meter $ 3.00 Prohibited zone $ 5.00 Illegal parking-handicapped parking $25.00 space One-hour restricted zone - Civic Center lot $ 3.00 All other illegal parking violations this chapter $ 5.00 SECTION II. 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 III. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Those are: Ord. No. 87-3342, Si, part, Section 32.1-63, 9/8/87. SECTION IV. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its final passage, approval and publication as by law provided. Passed and approved this 26th day of July, 1988. O MM;. — ATTEST: -F CIT CLERK all ApprAy d as form • Legal Department It was moved by Courtney and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz _ CL Larson X McDonald X Strait First Consideration Vote for passage: Second Consideration 7/12/88 Vote for passage: Ayes: Ambrisco, Courtney, Dickson, Horowitz, Larson, McDonald, Strait. Nays: None. Absent: None. Date published 7/30/88 Moved by Courtney, seconded by Strait, 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: Strait, Ambrisco, Courtney, Dickson, Horowitz, Larson, McDonald. Nays: None. Absent: None. C CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CRY, IOWA 52240 (319) 356-50:0 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. 88-3387 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 26th day of July , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 30th day of July , 19 88 • Dated at Iowa City, Iowa, this 3lstday of August ,19 88 . Vr am na Parrott, Deputy City Clerk rOFFICIAL PUBLICATION ORDINANCE NO.N C AN ORDINANCE MENDING CHAPTER 32.1, ENTITLED "TAXATION AND REVENUE' OF THE . _ CODE OF ORD ANCES OF THE CITY.OF IOWA CITY, IOWA,• OPMENDING SECTION 32.1-63 THE N TO INCREASE THE AMOUNT OF THE FINE PROVIDED FOR. ILLEGAL PARKING FOR HANDICAPPED ZONE AS REQUIRED BY SECTIONS 601E.6 AND 805.8 OF THE IOWA CODE, AS AMENDED. • ' - PREAMBLE: . WHEREAS, the Iowa Legislature did during the 1988 Legislative Session, ' pursuant to Senate File 2017, amend Code Section 601E.6 and 805.8 of the I Iowa Cede to increase the amount of the required fine for illegal parking in a )wpdicapped parking space from $15 to $25; and , WHERE k,�,Sy1�AAee City's fine for said offense must be equivalent to that set Amm - forttJJfa�(0'a Iowa Code. NO( '4NEREFO)1E, BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF IOWA J� �— CITi, IOWA: Printer's feesl2q�"Jy SECT DN I. :That Chapter 32.1, 'Taxation and Revenue' of the Code of • Ordinances of the City of Iowa City, Iowa, be, and the same is hereby CERTIFICATE OF PUBLICATION amended by POpealinyy Section 32.1-63, and enacting in lieu thereof a new { section to be-codified the same to read as follows: STATE OF IOWA, Johnson County, ss: Section 32.1-63. Fees or Charges Authorized in Chapter 23. THE IOWA CITY PRESS-CITIZEN Municipal Codi Sectiaq Authorizing Fee, Charge, Description of Fee, Fine or Penalty Charge, Fine, or Penalty Charge I • 23-249 Fee for contractor reservation of $ 4.002day Carol Barr, beingdulysworn, saythat Ispace (meter hood) Show-up fee charged by tow truck S20.00jday am the legal clerk of the IOWA CITY operator PRESS-CITIZEN, a newspaper 23-274 Parking meter fees: published in said county, and that a notice, a printed copy of which is hereto • Central business district on-street $ 0.40/hour atta7ed, was published in said paper - meter time(s), on thefollowingCentral business district lot meter $ 0.40/hour Peripheral on-street meter (outside $ 0.30/hour date(s): _ central business district) , i - Peripheral lot meter (outside. $ 0.30/hour 9,/./X 76 J�/�i7, central business district) Meter hood/contractor $ 4.00/day 23-277 - '' Fees for parking in city parking �, a lots and structures: ( �A Municipal parking lot (adjacent to Legal Clerk Ramp B) , Le g Monthly All-Day Permits $ 40.00/mo. r Monthly All-Day Permits (anneal , Subscribed and sworn to'before me , advance-payment) 5466.00/yr. Monthly Off-Hours Permits (after 5 PM, Mon-Fri, all day this ay of , A.D. Saturday and Sunday) $ 2i.00/mo. Lot Permits - all other municipal �' lots S 30.00/mo. 19 ate. Monthly All-Day Permits $ 300..00 mo. Monthly All-Day Permits (annual ....._____E--,..„_a' > v\ - advance-payment) $342.00/yr. 1 City Employee Lot Permits . $ 15.00/mo. Notary Public Parking Ramps A and B: Hourly Parker $ 0.40/hour ,•" ,. SHARON STUBBS - Monthly All-Day Permits $ 40.00/mg, Monthly All-Day Permits (annual advance-payment) (456.00/yr. °N' Monthly off-Hours. Permits $ 29.00/mo. The above hourly parking rates for parking,ramps will apply to both parking ramps, with the exception of cars exiting when a cashier ii not - on-duty; a flat rate of S0.75 shall apply end be I• - . deposited at the exit gate. • Reissue of lost/stolen permits $ 2.00/each ( reissue _ 23-279Penalties for parking violations: Overtime parking $ 3.00 Expired meter 5 3.00 L Prohibited zone $ 5.00 Illegal parking-handicapped parking $25.00 - - - -- - - — -- space - - - J !/ur. One-hour restricted zone Civic Center lot f 3.00 All other illegal parking violations this chapter $ 5.00 SECTION II. SEVERADILITY: 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 III. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Those are: Ord. No. 87-3342, SI, part, Section 32.1-63, 9/8/87. SECTION IV. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its final passage, approval and publication as by law provided. Passed and approved this 26th day of July, 1988. '.f IR ATTEST: � 7 • ,�/ cIT CLER — 24078 July 30.1988 ORDINANCE N0. 88-3388 PN ORDINN CE MEWING 11-IE ZCNING ORDINANCE BY CHANGING TFE USE REGUATICNS OF CERTAIN PROPERTY LOCATED AT 1421 WITERFRCNT DRIVE. W-EREAS, the property located at 1421 Waterfront Drive is located in an area zoned CI-1, Intensive Commercial Zone; and WHEREAS, the Carprehensive Plan shows the property at the bandary of an area designated for general commercial land uses to the north and intensive commercial land uses to the south; and WiEREAS, the Comprehensive Plan is a general guide for land developrent and nay be interpreted with flexibility at the boundaries of designated uses to allay appropriate transitions between such areas; and W1EREAS, the property is part of an established camercial area, surrounded on three sides by the CC-2, Camnnity Cannercial Zone; and WHEREAS, the CC-2 zone would permit development compatible with surrounding land use patterns, and stabilize the area closet to U.S. Highway 6 for general canrercial uses. [W,THEREFCRE, BE IT ORDAINED BY TEE CITY QI1CIL OF 111E CITY OF IOWA CITY, IOWA: SECTICN I. ZCNING PNENTENT. That the property described below is hereby reclassified from its present classification from CI-1 to CC-2: Cormencing as a point of reference at the Northeast Corner of the South/est Quarter of Section 15, Township 79 North, Range 6 West of the 5th Principal Meridian, Johnson Canty, Iana; thence South 00°21'20" East along the Easterly line of Government Lot 4 Extended 1,329.6 fret to the Northeast Corner of Govennult Lot 4 (this is an assured bearing for purposes of this descrip- tion only); thence continuing South 00°21'20" East, 759.00 feet along the Easterly lire of said Government Lot 4 to a point; thence South 89°35'09" West, 56.48 feet, to a point on the Centerline of Waterfront Drive (formerly Sand Road), and the Point of Beginning; thence South 04°26'40" East, along said Centerline, 60.79 feet; thence South 89°35'09" West, 272.93 feet; thence North 00°13'04" West, 40.00 feet; thence North 17°36'11" West, 20.92 feet; thence North 00°23'46" West, 283.12 feet; thence North 89°56'23" East, 235.25 feet; thence South 22°54'36" East, 71.83 feet; thence South 04°26'40" East, 170.06 feet, to the Point of Beginning. Said tract contains 1.8B acts, more or less, and is subject to easenarts ad t&ric- tions of record. Ordinance Pb. 88-3388 Page 2 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, 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 chole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DOTE: This Ordinance shall he in effect after its final passage, approval and publication as required by law. Passed and approved this 9th day of August, 1988. OR ATTEST: �ja,,,,,�,.,� CITY'CLER( Approved as to Form Legal Depart t 30 It was moved by Ambrisco and seconded by Dickson that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration 7/26/88 Vote for passage: Ayes: Horowitz, Larson, McDonald, Ambrisco, Courtney. Nays: None. Absent: Strait, Dickson. Second Consideration Vote for passage: Date published 8/17/88 Moved by Ambrisco, seconded by Dickson, 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, Larson, McDonald, Strait, Ambrisco, Courtney, Dickson. Nays: None. Absent: None. 2r) CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-50OO 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. 88-3388 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 9th day of August , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 17th day of August , 19 88 Dated at Iowa City, Iowa, this3lst day of August ,19 88 . Ciaa Ram na Parrott, Deputy City Clerk OFFICIAL PUBLICATION BFIINNCE N0. 88-3388 AN OOINU¢ NE701149 TIC 20111C ORDINeCE BY OLt3BS lit USE PEOUATIOS OF CERTAIN FROPERlY LCCATEO AT 1421 Fl4TEPf1dTIT ERNE. SEREAS, the pnperty located at 1421 Waterfront Drive( Came is locate and in an area zoned CI-1, Inttsive Printer's teen � , tie Conwehtlive Plan shows the Property at the Lapidary of an area designated for gaeral mmerctal lard uses to the north and CERTIFICATE OF PUBLICATION intensive ormerclal lard uses to the south; and IEElEAS, the Cmprehensive Plan is a general STATE OF IOWA, Johnson Count ss: wire for lard develument and nay be interpreted I y• with flexibility at the lapdaries of dasigetel THE IOWA CITY PRESS-CITIZEN uses to allow appropriate transitions beth soon areas; at I mmlU VMS/ the property is part of an established Cann/lay surrounded m three sidle tie i Q-2,Camn ry Ce mzrtial Zane; and W EE'S, the CC-2 Lore would permit drelgnent I cmpatible with surrounding land use patterns, and ( stabilize the area closet to U.S. Hiasay 6 for 1 Carol Barr, being duly sworn, say that I general ®nerctal uses. am the le al clerk of the IOWA CITY N01,1 6RE• BE IT CROONED BY if env=ILg BF Of CITY OF 1044 Cm, 1049: • PRESS-CITIZEN, a newspaper SECTION I. mom IE. That the published in said county, and that a described tela, is hereby reclassified f mcperts present classification frail CI-1 to CC-2: notice, a printed copy of which is hereto ctmn ng as a point of etmm at the ' Northeast Caner of the Southeast Quarter of attached, was published in said paper section 15, Twiship 79 Nath, Range 6 West of / time(s), on the following the 5th Principal Meridian, dtlnsm Carty, roe; thence South W'21'20" East alwg the Easterly date(s): line of faverunst Lot 4 Extended 1,35.6 fret to /�/J r/ p' the Northeast Carer of Gowned lot 4 (this is n I .,r /,/I,, an sued bearing for ptrposes of this desaiO- only); there ng the South of sa0° East, 71890 feet along the Easterly lire of said Dwa93"35' t Lot 4 to a paint; there Sade Centel I,tst. 56.48 feet, to a point on tie 4.0,462-TA C Gelded it tf Waterfront Th-he (latterly Sad �G. ,t e 1 �'�//j ,( Road), aid•the Point of C r9; turns South lJK )K.�A�il 04.26.40" East, along said Centerl ire, W.79 feet; theme South 89'35'06" lest, 272.93 feet; Legal Clerk I�17 11"Nardi 11 °20922, 40.03 feet; thence feet; tierce North • CO'23'46" htst, Z83.12 feet; theme North 89.56'73' East, 235.25 feet; than South Subscribed and sworn to before me 22,54,35' East, Tim feet; tied South 04'26'40" East, 170.06 feet, to tie Point of 1 .88 Ion Beginning. Said tract contains 1axis, e this a&atty Of , A.D. • or less, atl is s�AJect to camas ad ethic- tions q.ip_ ti of read. I. SECTIW II. REPEALER: All ardinaroes ard pads of ° 19omirlw s to conflict with the previsions of this ordinance art hereby repealed. SECTIW 111.-SEVEi 8iLm: If any settlul,movi- 1---s--EL� L. sion or part of tie Crdiner° shall be adjudged to le invalid or urmstitutimal, such agpdtcatien Notary Public shall not affect the validity of the Odinrtce as a ( - chole or any section, provisim or part thereof ret t •. SHARON STUBBS adjudged invalid or umratitutional. SECT1a4 I9. EFFECTIVE ITE: This Ordinance shall • : be in effect after its final passage, approval and I publication as rewired by lay. l Passed am approved this 9th day of August, • 1988. ATt6f: _l 7L..I. 24372 _ August 17,1988 CpoINNIEE NI 88-3389 ORDINN CE TO WEI THE PRCVISICNS OF THE CC-2, CCNMJIITY COhtERCIAL Z06E TO ALLOW FOOD L(XXEJ S AS A PERMITTED USE. WEREAS, the CC-2, Carnality Camercial Zone, is intended to provide for a variety of retail establishnmts and services which serve a major segrent of the total cannnity population; and WHEREAS, food lockers are establishrents primarily engaged in renting locker space for the storage of food products for individual households; and WEREAS, food lockers are consistent with the intent of the CC-2 zone, and are compatible with other retail establishrents and services allowed in the CC-2 zone. M)4, THEREFORE, BE IT RESOLVED BY THE CITY COLNCIL OF ICWA CITY: SECTICN I. PNEPEPENTS. That Section 36-19(b) of the Code of Ordinances shall be ensiled by inserting the following new subsection: (2.1) Food lockers. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, prwisim 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 mconstitutional. 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 9th day of August, 1988. Q� OR ATTEST: 2h,r.;lre) 7(< ,&.J CITY Approved as to Form /14 t L•4. Depar hrr t It was moved by Courtney and seconded bytrait that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X _ McDonald X Strait First Consideration 7/26/88 Vote for passage: Ayes: McDonald, Ambrisco, Courtney, Horowitz, Larson. Nays: None. Absent: Strait, Dickson. Second Consideration Vote for passage: Date published 8/17/88 Moved by Courtney, seconded by Strait, 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: McDonald, Strait, Ambrisco, Courtney, Dickson, Horowitz, Larson. Nays: None. Absent: None. � 1 CITY OF IOWA CITY CNIC CENTER 410 E. WASHINGTON ST. IOWA 011Y, IOWA 52240 (319) 356-5000 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.88-3389 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 9th day of August , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 17th day of August , 19 88 Dated at Iowa City, Iowa, this3lst day of August ,1988 Ln,Jelba am na Parrott, Deputy City Clerk Printer's fee y -SW CERTIFICATE OF PUBLICATION OFFICIAL PUecATION u STATE OF IOWA. Johnson County, ss: CelliWiElq. 88-3389 • THE IOWA CITY PRESS-CITIZEN , OUNCE To AVM HE F9041105 OF of CC-2, CattNI1r U Nf1CIAL NE TO ALllw FCCO LUYDS AS A MOM ISE. M IFAS,toprovide for [ afaY variety retail of is estlbll I, risskmts and services `hide sem a maim Carol Barr, being duly sworn, say that I s9,nit of the total an nnity population;.d am the legal clerk of the IOWA CITY �cogged in(tentiood g lockers space forrthet's of PRESS-CITIZEN, a newspaper i foottvod[ts for individual households;at I IE1EAS, food lockers are mristait with the published in said county, and that a inter of the CC-2 me, ad are mryatible with notice, a printed copy of which is hereto : other retail establishnnts ad services allwed in The CC-2 me. attached, was published in said paper tiw,"MOIRE, BE IT FES:EYED BY THE CITY O]EEIL f time(s), on the following OPIM CITY: SEMEN I. IVERENIS. That Section 36.19(b) of the date(s): fa of Ordinates shall to ceded by h.erthg the Colluding new subsection: /��� / (2.1) foot lockers.s. • // SEMEN II. wdll. All the Aces ad partsofof ordinances in conflict with the provision of this ordhnmce are herby repealed. orar rIII, SFYEPABICITt. If my=tie\ pwisim part of the Ordlnarce shall he adhd33d to be • in7alid or emnstituticnal, such 1./ /1—(/ ��ta4adjudication shall v ,{ / net affect the validity of 11e' rt t as a Wnle .a' any section, provision m pat thereof rot ' Legal Clerk :adjudged invalid or urcmstitutimal. '. Ifil IV, EFFECTIVE OAIE. This Ordinance shall be n effecter nal passage, approval and Subscribed and sworn to before me i medication as rewired by lar. a. Passed and approved this 9th day of ,August, � _CLI_..., 19 8. thisp�(0'^'d'dy of 0 , A.D. 4% 19 rte__ � Jf(.. ATIPSr:LI-71Y — Notary Public 24373 August 17,1988 alSHARON STUBBS • ORDINANCE IC. 88-3390 ORDINANCE VACATING A PORTION OF BLOOMINGTON AND CAPITOL STREETS. W-EREAS, the City of Iowa City and the Univer- sity of Iota have agreed to jointly develop a park- ing facility, a water storage tank, and a chiller plant on Block 100, Original Tam; and 411EREAS, construction of this project will require the vacation of a strip along Capitol Street for actual placement of the facility and vacation of a portion of Bloanington Street to facilitate pedes- trian traffic and underground utilities for the joint facility; and W-EREAS, the properties abutting these rights- of-tray are wined by the University of Iota and access to any private property will not be dimin- ished by vacation of said portions of said streets. NOW, THEREFORE, BE IT ORDAINED BY 11-E CITY COUNCIL OF THE CITY OF IOWA CITY: SECTION I. VACATION. That the City of Iota City hereby vacates those portions of Bloanington and Capitol streets legally described below: 1. All that part of Bloomington Street right-of- way Iran the west lot line of Lot 3, Block 100, Original Total to the west right-of-way line of Capitol Street. 2. The east 10 feet of the rest 20 feet of Capitol Street fran the south right-of-way line of Davenport Street, extended, to the north right- of-way line, extended, of Bloanington Street. This described 10 feet lies to the east of the 10 feet in width vacated by Ordinance No. 56-(535) Section 9. SECTION II. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY: If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE: This Ordinance shall be in effect atter its final passage, approval and publication as required by law. rsed and approved this 9th day of August, . it OR ATTEST: me//,,J 4 76144 CITY CLERK AppS., toy Legal i partment It was moved by Ambrisco and seconded by Dickson that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration 6/28/88 Vote for passage: Ayes: Courtney, Horowitz, Larson, McDonald, Strait, Ambrisco. Nays: None. Absent: Dickson. Second Consideration 7/12/88 Vote for passage: Ayes: Dickson, Horowitz, Larson, McDonald, Strait, Ambrisco, Courtney. Nays: None. Absent: None. Third Consideration 7/26/88 Vote for passage: Ayes: Courtney, Horowitz, Larson, McDonald, Ambrisco. Nays: None. Absent: Dickson, Strait. Date Published 8/17/88 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. 88-3390 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 9th day of August , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 17th day of August , 19 88 Dated at Iowa City, Iowa, this 3lstday of August ,19 88 �--` f 2 , Wamona Parrott, Deputy City Clerk Printer's fees/c249 OFFICIAL PUBLICATION r QdIIfYVfE FO. 83-3390 pl CERTIFICATE OF PUBLICATION ORDIWAICE VACATUG A PoRTIa1 of BLOPIGl@N NO NSTATE OF IOWA, Johnson County, ss: &PIT AS,�tle City of Toe City ani the linlver- THE IOWA CITY PRESS-CITIZEN city of tae have agread to jointly develop a park- ing face Illy, a water eta-age tank, ad a driller plant of Block 100,Original Tam;and *EPFAS, construction of this project; 11 require the vacatien of a strip along Capitol • fm actual placement of the facility and of • I a portion of Blomiingtol Street to facility - i Carol Barr, beingduly sworn, saythat I trim trafficiad underground utilities: the joint facility;and A am the legal clerk of the IOWA CITY DIMAS, the properties abutting these rights- of-bay are ares try the University of fore ed i PRESS-CITIZEN, a newspaper access to any private property will rot a dirin- ublished in said county, and that a • shal by vacation of said porticos of said streets. . • P ON, PEBEFOE BE 1T WADED BY TIE CITY ' notice, a printed copy of which is hereto COUNCIL OF'E CITY OF INA CITY: ". attached, was ublished in said paper SErna I. VACATION.VACATION. mat the City of Icwa Pcity hereby vacates those portions of Blmningtm time(s), on the following and c ital streets legally described below: 1. All that part of Bloaningtan Street right-of- date1s,. way fron the pest lot line of Lot 3,Block 100, Original Tan to to rest rightOfM4 line of Capitol Street. i - 2. The asst 10 feet of the west 2D feet if Capitol ' / -, • Street free the south right-of-vey lire of Davenport Street,attended, to the north right- of-way line,eatadaf, of Blmnirpdn Sleet. This described 10 feet lies to the east of the i e '' �/t CC 10 feet in width vacated by OIdi ante No. JJI 56-1515) Section 9. SECTION II. REPEALER: All a e pees ad Legal Clerk parts of ordinances in colt)Hot with theprovisim of this ordinance are hereby repealed. _- N SECTIM III. SEVEPFBILITY: If &V section, Subscribed and sworn to before me provision or part of the Ordinance shall Bi adjudged to he invalid a e,constltuttenal,such ajjalicatim • shall not affect the validity of the Ordiferne'as a (( _ wla ple any section, povtsion apart taeof not this r'...�� y of A.D. adjudged invalid or unconstitutional. - ' SECTION IV. EFFECTIVE DOTE: misn':04ince /f shall co in effect after its final passagect val O O and.publication as required by law. I9 61 1 s�and apprpetl this 9th day of Aughd�, H Notary Public ATTEST: )ha..,a . ,n CITY MX M« , -4AtRQN STUBBS 2x371 August 17,1908 16-.r..:aai. ORDINANCE N0. 88-3391 ORDINANCE VACATING A PORTION OF WATERFRONT DRIVE WHEREAS, W.A. Gay and Company, Inc., has requested that approximately the %test eight (8) feet of Waterfront Drive right-of-way be vacated and added to their lot; and WHEREAS, the applicant requests the vacation to facilitate the reconstruction of their building that was substantially destroyed in a fire on May 10, 1'44; and WHEREAS, Waterfront Drive has a right-of-way width of 66 feet adjacent to the aFplicait's lot and serves as a local street for which urban design standards require a 50-foot right-of-way; and WHEREAS, it is highly unlikely that substantial improvement to Waterfront Drive will ccar for which this portion of the right-of-way may be needed. 11 ,THEREFORE, BE IT ORDAINED BY THE CITY 01N1L OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. That the City of Iowa City hereby vacates that portion of Waterfront Drive legally described below: Commencing at a point on the east line of Government Lot 4, of Section 15, Township 79 North, Range 6 West of the 5th Principal Meridian, which is 759.00 feet SCO°21'20"E of the Northeast Corner of said Goveriirerit Lot 4; thence S89°35'09"W, 89.56 feet to a point on the Westerly right-of-way line of Waterfront Drive, formerly known as Sand Road and originally established as Burlington Road, which point is the Point of Beginning; thence N04°26'4014, alcrg said right-of-way line 81.93 feet; thence Northwesterly 159.42 feet along said Westerly right-of-way line, on a 494.67 foot radius are, concave Southwesterly, whose 158.74 foot chord bears N13°40'38"W, to a point which is 33.00 feet normally distant Southwesterly of the center line of said Waterfront Drive; thence N89°56'23"E, 8.67 feet, to a point which is 25.00 feet, radially distant Southwesterly of said center line; thence Southeasterly 158.64 feet, along a 502.67 foot radius curve, concave Southeasterly, whose 157.98 foot chord bears S13°29'07"E; thence SO4°26'40"E, 336.41 feet, along a line parallel with and 25.00 feet normally distant South- westerly of said Waterfront Drive center line, and its Southeasterly projection thereof, to its intersection with the westerly right-of-way line of Waterfront Drive; thence Northwesterly 70.58 feet, along said Westerly right-of-asy line, on a 309.97 foot radius curve, concave Northeasterly whose 70.42 foot chord bears N10°58'02"W; thence N04°26'40"W, along said westerly right-of-way Ordinance No. 88-3391 Page 2 line 184.51 feet, to the Point of Beginning. Said tract of land contains 3,778 square feet, more or less, and is subject to easements and restrictions of record. 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, 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 IV. EFFECTIVE [ATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 23rd day of August, 1988. // AR ATTEST: 771,la CITY CLERK Approved as to Form �/r �Y L rent e9 � It was moved by Ambrisco and seconded by Dickson that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration Vote for passage: Second Consideration 8/9/88 Vote for passage: Ayes: Dickson, Horowitz, Larson, McDonald, Strait, Ambrisco, Courtney. Nays: None. Absent: None. Date published 8/31/88 Moved by Ambrisco, seconded by Strait, that the rule requiring ordinances to be considerd 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: Courtney, Dickson, Horowitz, Larson, McDonald, Strait, Ambrisco. Nays: None. Absent: None. 33 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. 88-3391 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23rd day of August , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 31st day of August , 1988 • Dated at Iowa City, Iowa, this10th day of October .1988 • 'a •na Parrott, Deputy City Clerk - OFFICIAL PUBLICATION OfOIIWLE ID. 88-3391 . ORDIIWCCE VACATING A IORTICN OF WITERFROff DRIVE bIERFTS, W.A. Gay and Crawly, Inc., has requested that approximately the west eight (8) feet of Waterfront Drive right-of-dey to vacates and added to their lot; and VftPFAS, the applicant requests the vacation to facilitate the ramstnttim of their Loildlrg that was substantially destroyed in a fire m Nay 10, 1983;aro WiEREAS, Waterfront Drive has a right-of-w9y width of 66 feet adjacent to tie gplicat's lot ad serves as a local street for which urban desigi standards require a.50-foot right-ofaay; and WELTERS, it is highly unlikely that sbbtantial Printer's fees//�/�7�aL 7 inprovermt to Waterfront Drive will war fm whidi this portion of the right-of-vey ray to rte. AN,11134;13E, BE TI UDAIIfD BY lit CI1Y WJCIL CERTIFICATE OF PUBLICATION OF 111E CM'of law Cm, Law: SECTIQI I, VACATION. that the City of lea City STATE OF IOWA, Johnson County, ss: hereby vacates that potim of Waterfrget Drive legally described belay; THE IOWA CITY PRESS-CITIZEN Connecting at a point an tie east lire of fnvanant Lot 4, of Section 15, Tanship 79 North, Range 6 Wast of the 5th Principal . ftridian, winch is 7993.00 fret SO0'21'21't of the Northeast Comer of said Goverment lot 4; throe °35'091W, 83.56 feet to a point on the I. Westerly right-of-wey lire of Waterfront Dive, Carol Barr, being duly sworn, say that I formerly kroar as Sand Road and originally am the legal clerk of the IOWA CITY established as Drlirgta' Road, which point is the Point of Begiming; there IDt'26'40H, alag PRESS-CITIZEN, a newspaper said richt-of-way lire 81.93 feet; thence Ublished in said county. and that a thrtwstetly 159.42 fret alag said Westerly P right-of-oy lire, on a 494.61 foot radius ane, notice, a printed copy of which is hereto concave Sothesterly, whose 158.74 foot chord attached, was ublished in said paper bears 7113'40'381i, to a point Wild, is 33W feet Pnormally distant Sodlwsterly of tie order lire / __ time(s), on the following of said Waterfrrt Drive; there t499'56'23"E, datelsl: 8.67 feet, to a point which is 25:00 feet, HiQ radially distant Southwesterly of said curter are s4 �QOG • 5line; afoot aadsecurve,Y 150.64 feet, adores a, / 502.67 foot radits andel concave S along whose 157.98 foot chord tears 513'29.07"E; there SO4'26'40"E, 336.41 feet, alag a lite parallel with and 25.00 feet royally distant South- vesterly of said Waterfront Dive miter lire, -1�S J and its Southeasterly projection thereof, to its intersatim with the wsterly raft-of-way lire of Waterfront eve: there Northwesterly 70.58 Legal Clerk fret, alag said Westerly richt-of-we,'line, m a 309.97 font radius one, [crave Northeasterly rinse 70.42 foot chord tears 1110'58'02'W; time Subscribed and sworn to before me 103'26'4011, alag said westerly richt-of-way lire 184.51 feet to tie Point of Bagimirg. c Said tract of laid curtains 3,778 square fret, J A.D" nae or less, ad is sgjst to 'awaits aridtits ay of. restrictions of record. c CTIGI Il RE➢EMB: All ordinaries aal parts of ordirarces in °aflict with the frorisias of this 19Ordinate are her*resoled. 9riION III SEVEPPBILRY: •If any Faction, prowl-I . ac, f//^��� sem or part of the Ordinate shall be adjudged to _GX��/ Ie. invalid or ura,stitutiaal, ,such adjldicatian shall not affect the validity of tie Ordinance as a I Notary Public dale or ad section, provision or part thereof not, _-. .... adjudged invalid or IEOil ictal. SHAROfJ STU68S SELiICN IV, EFFECTIVE DATE:: This Ordinance shall he in effect after its final paos'T, approval aro '' publication as required by 1a4. Passed and approved this 23rd day of August, -. 1988.88 / y� yj19"OR ATTESf:I 24590 August 31,1988 ' itt CRDINMCE NO. 88-3392 AN ORDINANCE PIEWING CHAPTER 24 OF 1HE CODE OF CRDINl CES OF THE CITY CF IOWA CITY, BY REPEALING ARTICLE VI THEREOF ENTITLED "NJISANCES," MD BY ETTING IN LIEU THEREOF A NEW ARTICLE VI, TO BE CODIFIED THE SANE, CONTAINING NEW DEFINITIONS, STNI24 DS AND FROCEOU2ES FOR THE ABATEMENT OF NUISANCES. BE IT ORDAINED BY THE CITY OQI'CIL OF 1HE CITY CF IOWA CITY, IOWA: SECTION I. That Chapter 24, the Code of Ordinances of the City of Iowa City, Iowa, be, and the sane is hereby amended by repealing Article VI thereof entitled "Nuisances," and enacting a new article to be codified the sere to read as follows: ARTICLE VI. NJISPtCES Sections: 24-101. Nuisances Declared 24-102. Definitions 24-103. Nuisances Prohibited - Authority to Abate 24-104. Notice to Abate - Service 24-105. Abatement by Administrative Proceedings 24-106. Abatement by Nimicipal Infrac- tion Proceedings 24-107. Abatement Remedies; Penalties 24-108. Emergency Abatement Procedure Sec. 24-101. Nuisances Declared. Whatever is injurious to the senses, or an obstruction to the free use of property, so as essentially to interfere with the comfortable enjoyment of life or property, is a nuisance. Nuisances shall include, but not be limited to those activities and items hereafter set forth in this section. (a) Causing or suffering any refuse, garbage, noxious substances, hazardous wastes, junk or salvage materials to be collected or to remain in any place to the prejudice of others. Causing or suffering any refuse, garbage, noxious substances, or hazardous wastes, junk, salvage material or other offensive or dis- agreeable substances to be thrown, left, or deposited in or upon any street, avexe, alley, sidewalk, park, public square, public enclosure, lot, vacant or coupled, ar qxn any pond or pool of water; except for: (1) Refuse deposited and stored in accordance with provisions of Chapter 15 of the Code of Ordinances of the City of Iowa City, entitled "Garbage, Trash and Refuse"; (2) Compost piles established and maintained with written permission from the Johnson County Public Health Department, Ordinance No. 88-3392 Page 2 (3) Junk or salvage materials properly stored in a junk or salvage yard permitted under Chapter 36, Zoning, of the Code of Ordinances of Iowa City. (b) Diseased or damaged trees or shrubs. Pry dead, diseased or damaged trees or shrubs, which may harbor serious insect or disease pests or disease injurious to other trees or shrubs, or any healthy tree which is in such a state of deterioration that any part of such tree may fall and damage property or cause injury to persons. (c) Weeds. Any condition relating to weeds which is described as a nuisance in Chapter 34, Article III of the Code of Ordinances of Iowa City. (d) Ditch, drain, or stormwrater detention basin. Any ditch, drain or watercourse, which is now or hereafter may be constructed so as to prevent the surface and overflow water frun the adjacent lands entering or draining into and through the same. Any stornwater detention basin not maintained in an appropriate manner so as to allow its proper function. (e) Stagnant water. Stagnant water standing on any property. Any property, container, or material kept in such a condition that water can accumulate and stagnate. (f) Vermin harborage. Conditions which are conducive to the harborage or breeding of vermin. (g) Vermin infestations. Infestations of vermin such as rats, mice, skunks, snakes, bats, starlings, pigeons, bees, wasps, cockroaches, or flies. (h) Sanitary sewer facilities. Facilities for the storage or processing of sewage, such as privies, vaults, sewers, private drains, septic tanks, cesspools, and drain fields, which have failed or do not function properly or which are overflowing, leaking, or emanating odors. Septic tanks, cisterns, and cesspools which are abandoned or no longer in use unless they are emptied and filled with clean fill. Any vault, cesspool, or septic tank which does not comply with the Johnson County Department of Health regulations. (i) Unsecured/unoccupied buildings. Unoccupied buildings or unoccupied portions of buildings, which are unsecured. (j) Dangerous buildings or structures. (k) Abandoned buildings. (1) Hazards. Any hazardous thing or condition on the property which may contribute to injury of any person present on the property. Hazards Ordinance No. 88-3392 Page 3 shall include but not be limited to open holes, open foundations, open wells, dangerous trees or lints, abandoned refrigerators, or trapping devices. (m) Fire hazards. Any thing or condition on the property which creates a fire hazard or which is in violation of the fire code. (n) Health hazards. Any thing or condition on the property which creates a health hazard ar which is in violation of any health or sanitation law. (o) Noise. Any violation of the noise Chapter 24.4 of the Code of Ordinances of the City of Iaa City. (p) Snow removal. Any violation of Division 3, Ice and Snow Raroval, Sections 31-120 - 31-124 of the Code of Ordinances of the City of Iaa City. (q) Junkyard or salvage operations. All junkyard or salvage operations, as defined in Section 36-4 of the Code of Ordinances of Iowa City, except as permitted by ordinance. (r) Obstruction of right-of-way or public place. The obstructing or encurbering by fences, buildings, structures, signs or otherwise of public streets, alleys, sidewalks, and crnmois, except as permitted by adhere. Any use of a public street or sidewalk, or any use of property abutting a public street or sidewalk, which causes large crowds of people to gather so as to obstruct pedestrian or vehicular traffic or other lawful use of streets or sidewalks, except as permitted by ordinance. (s) Inoperable/obsolete vehicle. The storage, parking, leaving, or permitting the storage, parking, or leaving of an inoperable/obsolete vehicle upon private property within the city for a period in excess of forty-eight (48) hours, unless excepted herein. This subsection shall not apply to any vehicle enclosed within a building on private property or to any vehicle held in connection with a junkyard, or auto and truck oriented use operated in the appropriate zone, pursuant to the zoning laws of the City of Iowa City. (t) Unlawful sale, use, or manufacture of intoxi- cating liquors. My building or place in or upon which the unlawful manufacture or sale or keeping with intent to sell, use or give away of intoxicating liquors is carried on or continued or exists. (u) Vehicle parked on private property without authorization. The parking of motor vehicles upon private property without the consent of the property owner or responsible party. `I ordinance No. 88-3392 Page 4 (v) Mud, dirt, gravel, and other debris. The depositing or allowing the depositing of any mud, dirt, gravel, or other debris in violation of Chapter 31 of the Code of Ordinances of the City of Iowa City. (w) Building construction sites. Building con- struction sites maintained in violation of the Building Code. • (x) Other nuisances. Any nuisance described as such by Chapter 657 of the Code of Iowa. Sec. 24-102. Definitions. (a) Abandoned building. Abandoned building shall mean any building or portion of building which has stood with an incaiplete exterior shell for longer than two years or any building or portion thereof which has stood unoccupied for longer than one year and which neets one or more of the following criteria: (1) Unsecured, or (2) Having housing code or building code violations. (b) Dangerous building or structure. Dangerous building or structure shall mean any building or structure which endangers the health, safety, or welfare of persons or property, or which is in violation of the Uniform Code for Abatement of Dangerous Buildings. (c) Enforcaient officer. Enforcement office- shall mean the City Manager or employees designated by the City Manager to enforce this article. (d) Hazardous waste. Hazardous waste shall mean those wastes included by definition in Section 4558.411(3)(a) Code of Iowa and the rules of the Iaa Department of Water, Air and Waste Management. (e) Inoperable/obsolete vehicle. An "inopeablo- bsolete vehicle" shall mean arc+ thrice in, rpm or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include without limitation motor vehicle, autanobile, truck, trailer, motor- cycle, tractor, buggy, wagon or any mdrinatim thereof, and which is not licensed for the current year as required by law ardor which exhibits any one of the follcmi g character- istics: a. Broken glass. Any vehicle or part of a vehicle with a broken windshield, or any other broken glass. b. Broken or loose parts. Any vehicle or part of a vehicle with a broken or loose fender, door, bumper, hood, wheel, steering wheel, trunk top, or tailpipe. 311 Ordinance No. 88-3392 Page 5 c. Missing engine or wheels. Any vehicle which is lacking an engine or one or more wheels or other structural parts which renders such vehicle totally inoperable. d. Habitat for animals or insects. Any vehicle or part of a vehicle which has became a habitat for rats, mice, ar sakes or any other vermin or insects. e. Defective or obsolete condition. Any vehicle or part of a vehicle which, because of its defective or obsolete condition, constitutes a threat to the public health and safety. f. Inoperable condition. Any vehicle that is not capable of moving in both forward and reverse gears. (e) Junk or salvage material. Junk or salvage material shall be any discarded or salvaged building material or fixture; any obsolete or inoperable machinery, or parts thereof; scrap iron or steel. (f) Noxious substances. Noxious substances shall mean substances, solid or fluid, which are offensive, detrimental to health, hurtful, or dangerous. Noxious substances shall include but not be limited to any dead animal, or portion thereof, putrid carcass, decayed annul matter, green hides, or any putrid, spoiled, foul, or stinking beef, pork, fish, offal, hides, skins, fat, grease, liquors, human or animal excrement, or manure. (g) Owner. Owner shall mean the person or persons who are the record owners of real property according to the records of the Johnson County department of property taxation. (h) Refuse. Refuse shall mean any putrescible and non-putrescible and carbustible and non- cuntustible waste, including paper, garbage, material resulting frau the handling, process- ing, storage, preparation, serving ad commo- tion of food, vegetable or animal matter, offal, rubbish, plant waste such as tree trimmings or grass cuttings, ashes, incirerator residue, street cleanings, construction dhris, and solid industrial and market wastes. (i) Responsible party. A responsible party shall wean any person having possession or control of real or personal property, including without limitation any one or more of the following: a. Agent, b. Assignee or collector of rents, c. Holder of a contract or deed, d. Mortgagee or vendee in possession, e. Receiver or executor or trustee, f. Lessee, 34 ordinance No. 88-3392 Page 6 g. Other person, firm or corporation mends- ing apparent control over a property. Sec. 24-103. Nuisances Prohibited - Auttrrity to Abate. (a) The creation or maintenance of a nuisance is unlawful and prohibited and shall constitute a misdemeanor or a nnicipal infraction. (b) The city manager and enforcement officers designated by the city manager are authorized to abate nuisances in accordance with the procedures set forth in this article. Nuisances may be abated by either the admini- strative abatement process or the municipal infraction process, as hereafter provided. Sec. 24-104. Notice to Abate - Service. (a) The City Manager or any enforcement officer designated by the City Manager is hereby authorized to serve upon the owner or respon- sible party of the property upon which the nuisance is being maintained, or upon the person or persons causing or maintaining the nuisance, a written notice to abate as prescribed below. (b) When service of a notice to abate is required, the following methods of service shall be deemed adequate: (1) By personal service upon the owner and/or responsible party of the property myon which the nuisance exists. (2) If, after reasonable effort, personal service cannot be made, any two of the following methods of service shall be considered adequate: (1) sending the notice by certified mail, return receipt requested to the last known address; (2) publishing the notice once a week for two consecutive weeks in a newspaper of general circulation in the City of Iowa City, Iowa; or (3) by posting the notice in a conspicuous place on the property or building. (3) If an intended recipient of notice cannot be found and if his/her address cannot be determined after reasonable effort, by posting a copy of the notice in a conspicuous place on the property and by publishing the notice for two consecutive weeks in a newspaper of general circula- tion in the City of Iowa City. Sec. 24-105. Abatement by Administrative Proceedings. (a) Content of Notice. In the event the enforce- ment officer decides to abate a nuisance administratively, the notice to abate shall include the following information: 84 Ordinance No. 88-3392 Page 7 (1) Description of what constitutes a nuisance, citing the appropriate Code section. (2) Description of the action necessary to abate the nuisance. (3) The order to abate within a specified tire period. (4) The notice shall advise that, nem failtre to carply with the order to abate, the City shall undertake such abatement and that the cost of abaterent ray be assessed against the property for collection in the same manner as property taxes. (5) The notice shall also advise as to the opportunity for an administrative hearing and that failure to request soh a hearing within the tine specified in the notice shall constitute a waiver of the right to a hearing and that said notice shall thereafter became a final determination and order to abate. (b) Administrative hearing. The hearing shall be held before the City Manager or his/her designee, and shall be in accordance with the procedures of Section 2-184 through Section 2- 187, except as herein otherwise provided. The City Manager's or his/her designee's determina- tion and order shall be appealable to Johnson County District Court by writ of certiorari. The order shall not be carried out until the time for filing the writ of certiorari has expired. Sec. 24-106. Abatamnt by Minicipal Infra.tim Proceedings. (a) Content of notice. In the event the enforce- ment officer decides to abate a nuisance through the municipal infraction process, the notice to abate shall include the foliating information: (1) Description of what constitutes a nuisance, citing the appropriate Code section. (2) Description of the action necessary to abate the nuisance. (3) The order to abate within a specified tine period. (4) Explanation that failure to abate the nuisance within the time specified will result in the issuance of a civil citation charging the owner or responsible party with a nunicipal infraction. (5) Explanation that each day that a nuisance is permitted to continue constitutes a separate offense. 34 Ordinance No. 88-3392 Page 8 (6) Explanation that upon being found guilty of a municipal infraction, the cant is authorized to order abatement, assess the costs of abatement against the property and/or enter than as a judgment against the defendant, and assess a civil penalty against the defendant. (b) Issuance of civil citation. In the event that the nuisance is not abated as ordered and within the time specified in the notice to abate, the enforcaient officer may issue a civil citation to the property owner or responsible party, charging that person with a municipal infraction. The enforcatent officer may, but shall not be required to, give notice to abate prior to issuance of a civil citation for a repeat offense involving the sane property and occurring within one year of a prior violation. Sec. 24-107. Pbatemnt Remedies; Penalties. (a) Abaterent may include but shall not be limited to repair, remmval, cleaning, extermination, cutting, ncmdng, grading, sewer repairs, draining, securing, repairing a building or structure, boarding unoccupied buildings, barricading or fencing, removing dangerous portions of buildings or structures, and demolition of dangerous structures or abarined buildings. (b) The cost of abatement may be assessed against the property for collection in the same miner as property taxes. Abatement costs shall include the cost of removing or eliminating the nuisance, the cost of investigation, such as title searches, inspection, and testing; the cost of notification; filing costs; and other related adninistrative costs. Inoperable/dbso- lete vehicles which have been inpomnded may be sold in accordance with state law. If an inaperable/obsolete vehicle is not sold or if the proceeds of such sale or rainpticn are rot sufficient for payment of the cost of abate- ment, storage, and sale of said inoperable/obsolete vehicle, such cost or the balance of such cost may be assessed against the property for collection in the same manner as a property tax. (c) In a municipal infraction proceeding for the abatement of a nuisance, the court may order any one or more of the following: (1) Place a judgmment against the person miler property of the defendant fir the costs of abatement. (2) Levy a civil penalty (fine) against the defendant of up to one hundred dollars 34 Ordinate Pb. 88-3392 Page 9 (5100.00) for the first offense and up to two hindred dollars ($200.00) for repeat offenses. (3) Order abatement of the nuisance in any manner as provided in this article. (4) Assess costs of abetment against the property for collection in the sere rimer as property taxes. Sec. 24-108. Emergency Abatement Procedure. When the enforcement officer determines that a nuisance exists on a property and the nuisance constitutes an imminent clear and carpelling danger to health, safety or welfare of prions or prtpely, the enforcement officer is authorized to abate or have abated the nuisance without prior notice and opportunity of 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. SECTION II. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Those are: SECTION III. SEVERABILITY: If any section, provision or part of the Ordinance shall be adjtdpd to be invalid or unconstitutional, such &ijudicaticn 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 23rd day of Au: t, 1988. �7r ATTEST: TQAio.,� k. IJ CITYCLEW Approved as to Fain e tin Leg 1 Depa t 31 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 Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration Vote for passage: Second Consideration 8/9/88 Vote for passage: Ayes: Horowitz, Larson, McDonald, Strait, Ambrisco, Courtney, Dickson. Nays: None. Absent: None. Date published 8/31/88 Moved by Courtney, seconded by Dickson, 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: Dickson, Horowitz, McDonald, Strait, Ambrisco, Courtney. Nays: Larson. Absent: None. 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. 88-3392 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23rd day of August , 1988 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 31st day of August , 19 88 Dated at Iowa City, Iowa, thislOthday of October ,1988 .na Parrott, Deputy City Clerk i/rap._. - or salvage minutes. 15 Trail= in bootee 364 of the.Co* of Odle= of lora City, meet as peened it adhrpe. (r) Cbstructim ofn�bf pbltc place. OFFICIAL PUBLICATION n9 by ferns, oildiegs, stnrtaas, sirs or odswin of DOME b. 68-3392 eat*as velvet=!yr s=irate. Ave idewalks, ad a palic stet or sideetk, at ay use of Ni acltna peorpn OM ER 24 OF lit (ICE CF , property totting a public street or sidealk, , OIMiletflS CF 11E CITY CF IOit CITY, to IIFDEALIIC bath causes large mads.of people to patter ' WIDE VI 110EOF PRIDED '141lSPEES.• MO Bf so as to abstnct pedestrian or vehicular ' OPCTIh0 Pi LIEU 'WON A MN NUBILE VT, 10 BE traffic or ether larful use of stents at CQ1IFIW lit SME, OINfAINDG NEL IEFINITIGG, sideelks,moot as permitted by ordlnan. . STANYFOS NO FIWI ICS FOR lif M4ID41ff OF ' (s) IrcperableJt solete vehicle. The stage, j - N1fBE IT DOMED BY 11E City COFCIL 6 it CITY CF parking, orartor phng of ica iroperable/cbsolete _ tke storage, ION CITY, IOW: vehicle spm private property within tie city IjJ That Charter 24, the ade'of Ordinates far a period In erns of fc traigt (*B) of Ver City of baa City, lob, be, ad the sate is • lairs, unless eewifd herein. This sl>sO.ien ' herb' sanded try repealirg Article VI thereof shall rot apply to ay vehicle aalosed within entitled %isarcea,' and enacting a new article to a bifldng en privateproperty or to any te codified the sus to real as rollers: vehicle held in aaecttm with a J or ARTICLE VI. Mee ado and tock oriental use 1n tie Sections: 24-101. Wisares Declared apRgriate ma, pursuant to aha awing lea ; 24-102. Oafinitias of tie City of lag City. 24103. Ndsaprs Prohibited - Audaity (t) mladul sale, use, or manufacture of Mimi- " -` - to Abate eating ligrs. Any Wilding at place in or . 24-104. Notice to Abate-.Service hem Mie the Wailful aaufadae at sale r 24.105. Abateat by ktalnistntive =eke with intent to sell, use or gale say Proceedings of intoxicating leges is carried on or • Printer's fee S// to, 24-106. Abatement by Mglcipal Infram ex . animal ists. i ivim Promdingt (u) Vehicle parted m pirate property without 24M107. ate=t I�edless Penalties aide letian. the puking of motor whales CERTIFICATE OF PUBLICATION 24-108, &regency MeathrerA n mer private p'opty' without the corset of Sec.24-101. latsn�.Declared. mon party odr or eestr etble party. ibatever is injurious to. the seises, or NI STATE OF IOWA, Johnson County, as: pe) re's• dirt• r alto ig ender' swans. ere obstnctim to the free use of property, so az QynitLg or allowing the depositing of we THE IOWA CITY PRESS-CITIZEN essentially to interfere with de cmdmtable bed dirt. ravel, r other delis in v(oltien enjoyed-it of life or property, isa relearn. of Cwpir 31 of the fade of Odiaces of the • Wisaaes shall include, but rot be liaitd to three City of lore City. activities ad iters hereafter set forth in this (w). Building coat cttm sites. Belding an- section. Antis sites naintalred in violation of tie (a) Lasuffering ay refuse, ing e, garbage, &mfoie. ' me a I modes ssatarces, hazard= testes, Ynk ar (x) Other ruisares. kw rutsan So•t0ed as salvage materials to be collected or to re=in such ty Mahar 667 of the foo of lee. ( Carol Barr,.being duly sworn, say that I In any place to the prejudice of others. Dr.as-102. Defknition_ am the legal clerk of the IOWA CITY Causing or sufferlrg any refuse, garbage, (a) Mm iced Sliding. Abada s9 Wading shalt I rosters shbstaxts, a bannerst asters,Junk, man are/Wlldirg or portico of Wilding teach PRESS-CITIZEN, a newspaper salvage atrial or other offensive or dis- has stare with a ineeplete edifier sell 4r llblished in said county, and that a agreeable =stares to be thrash, left, or linger then be Sam or any Wilding or pdeposited in or iron ave street, wee, alle1, maim thereof wild has stood=acid pid fornotice, a printed copy of which is hereto I sidewalk, park, Mlle sgiare. mile larpr this are year and ddrh Nets are or atta)hed, was published in said paper enclosure, lot, vacant Or caries, Cr war ate ave of tea forking criteria: pad or pool of water,nowt for: time(s), on the following (1) Defuse deposited ad stored in aaordaa i2)Nav zin ode or Wilding coda with provision of Chapter 15 of the fade qe vroioh¢lation. '1 date(s): - ' of Otdinaxes of the City of the City, (b) par1Wilding or structure. ( gems /'� entitled"Garbage,Trash and Refuse"; Wilding or strutters shall age any Sliding / a/1p �/ /9 e "• (2) Cot piles established and he Jt,sa, sa stor ie are webers tie kala, [//`/� withtained sine pmnissish freer the notion Wild.safety, r welfare of pesos a pevCole r Canty Palk Health Departed, math Is In violation of the Uniform Code for Ma[eurt of Dangerous Oulldllgs. (3) an at salvage materiels properly somal (c) Enfamet officer. Warmed office-dell In a Jut at salvage,yard panted air man the City Si 'geor employees designated ///njJp Y-6 , //�/I Ch apter• 36, 2mbg, of tie fade d b tic City timer to rhea this mete. / !//�[!H X���A Odirwres of lee city. (d) SOrntas Igste. Hazardous waste stall men I (b) dseased rdamaged rees xMtI rases ecedin in aioLegal Clerk ie r da trees , ahl . 4593.411(3)(a) CS ofed lee and tie n hater serious inset a disease pests or ' the lag pyrone of eater, Air ad Yue disease MUurlaa to other trees or Webs,err , Pavement. • i1 Subscribed and sworn to before me any healthy tree Mach is in such a,state of (e) le/obsoiete vehicle. ed Smmeablew ,i detalaatlm that ay part of such arae may bmata vehicle shall mm ay 8.via 1n, vers i 1 .y�� fall ad dater prtperty r cause injury to octet hath'a pram r poverty is or ray be thisl eel a of , A.D. pASs.t 1 smartie or tram pm a hilly r west. Y lc) isos. pry mo relating nha toads ankh erlushe Mike sati by hast SS rhes. e isAr c e III 1 as a nuisance it Carta 34, arslushly rah stationery rails r bads, j d City. III of th Gee of Ordirr�ms of lag W shall lrcluda Willed eta iter, actor b vehicle aitambfle, ferric, trailer, mator- I9 (d) City, inns, or stenneter Martie iasis. cycle, trader, bum neon or fl monks , 1 .0--a—elts1/4_t- - Am doth, Min or weta'axnse, WW1 Is bar tiveof, ad With is rot licensed Fr lie r flatterhmay be �sG¢tel so as to asst year az required try le,eager With , piwait the surface are ova-flew warts five fie ahibits any ere of ere foliedrg dater- 4, • Notary Public allaaat lands entering a' mainleg into and isties: thnwj. the saw. Any stmmeter trention a. Gear glass. My vehicle at part of a basin not eaIntaired in an appropriate matter Mischa with a twofer. r tr h windshield, y SHARON STU69S so a to ally its parr furter. other tram glass. . (e) Stsgahe water. Stagnant water stadia en try b. Brim or lone parts. ky vehicle or poperty.. My property, =aims•, or otellab part of a vehiclewith a broke or loose keit in tuck a cadltlm that water can facer, dor, hyper, hood, Merl, tenadate at stagnate. steaisg Weal, tank top,or tailpipe. (f) Venin harborage. Caditims which are c. Kissing =ire or Initls. Any vehicle ' • oadcive to the baWrsge Cr breathe of Mich is lCbg on egiee at at or ver fin. Weals or other stnctaal parts With I (g) Named infestations. Infestations of berms renders.such vehicle totally inoperable. I7 mach as rats, mice, slums, snakes, hate, d. habitat fe• animals or Pasts. Ary I starllags, pigeons, tees, rags, mlovedeas, vehicle at pat of a vehicle Sidi has a fines. teem a habitat fa rats,era, or awls (h). Sanitary seer failittes. Facilities for the orarw other venire or insects, • . stooge, or processing of sedge, soh as e. Oefective a•.abmlete traduce. My - rues, vaults, seas, pin trains,septic vehicle or part of a vehicle Witch, tales, cesspools, ad drain fields,With have team of Its defective or obsolete , failed r do cart fvctim properly r which Na weenie, =litotes a threat to the , otrflotlrg, leaking, r canting odors. pal lc heals ad safety. SgtiG tart', cisterns, ad cola wear ger f, bearable oitior. vehicle Oat is abandoned r n lenges in use fless they are not capable of f avhg in boa fenced and opted ad filled with Clan fill• icy wilt, reverse gnus: cestrowith tiee Johnsen Canty or soak ten MiOpapant of Fiala (e) Judeaan r salvage material. salvage hgtrial shall te any discarded at salvaged =flattens. bbulldogbulldog aerial r fixture; aW obsolete or ' seor CO aiof buuildi � prgs , irritable . ner y, parts Lector: so Wltd raocaoim patios sow With are umeored. • (f) Iaxiaus =stares. t6Was substances shall (k9 !Imams Wildirgs o' man n substances, a tanes, solid fluid, Mich are • feaakmed buildings. offensive, detrlrental to health, hurtful, or .,-_,en:iv,,,, •w=^x=r2;;4,bi=::airexn4; x.2;s7rc'o3;°pert'.t: (1) Hazards. AM hazardous thing or asditim en dangerous. Wakes abstares shall belude tie property Mldi nay=tribute to injury of tut rot te limited to any dead antral, r a try pass pewit en the property. Hearts portion thereof, putrid carcass, dewed areal null mesa at art be limited to con tole, matter, ween hides, or are putrid, spelled, per faadttas, pet tells, dangerous trees foul, or stinking beef, pork, fish, offal, or lies, abated refrigerators,or trapping hicks, 'skits, fat, grease, liquors, ham or ; deWas. - annual eatreent,or hobos. (a) Fire kinds. kw thing or mditin on tic (g) Cane. Carer shall as the paw or pars p eperty Mid creates a fire Kann or With who are the record areas of real pperty is in violation of the fire ode. paddingto the records of the Jenson(arty , (n) Pealth.hazards. kir thing or edition en the cleverest of property taxation. prpety With creates a Said.hanhd er Midi (h) Reuse. Pause shall neat my putetscible aid ' is to violation of ew health at sanitation ooh-ptrescible M mihatible ad em' la. «nbstible waste, incluhirg peer, gavage, (o) Wise. by violethm of the mss:Cher 24.4 material resulting free thetaMirg, proses- 1 of tie wee of Gdlnaaes of the City of lab ' seg, storage, pvparattm, saving ad ow City. tin of fod, vegetable or sial ratter, (p) Sem areal. Ave afelatim of D visim 3, Ice offal, nilsh, plant haste such as tree I ad Scor Rawl, Sections 31-120 - 31-124 of tinwares or grass attlrys, aim, frckrda the Code of Winans of the City of lea resile, street Clendy, coign/aimdais, City. .,__-- --_—_-- -------- - ad sola tidsfrfal ad eeriest wastes. • (i) Despshall rte n linksy. A she ibleora Uel of real or penanal peperty,•ield:bre without . a 7 a— I b.. Asci -- --' -- (s) tselarialim that tan bang fent 4+tlb -' b. Wider a cellret r oras, -- 1 1 of a erdcipal Mbaction, tie coat is C. lbnrer of a cutest a deed, ethorlS to order almaasn,asses to ' d. Wartime or Yoram M possession, ' e.. Receiver a eanCar Cr mortem, matt of atebva. a i the prgwty , f. lessor, I tiesard/or enter the as a a civil peina the defadar, ad assess a civil pe ally . 9. Wer semi, firm or comentim against the mince . trig Wane control neer a,ponerty.s. (b) /nuance of civil citation. In the event that Sm, 24-101. iWsences{lehibitai-Ntalb to the misaae is M. anted a arched ad Abate• within by tiara specified in the notice to (a) lte creation or maintenance of a nuisance is abate, th mfareant office• my issue a I c 1 mlafirl and prohibited at shall mmtlbde i 1 civil citation te be prapety oarr or eisde era or a unicltel hrtyetin. responsible party, ,. The that swam with a ' 'lb) The city tw maga ad edorcamt officers fey, bitel Infraction. T e aderpe¢officer designated by the city mange areautbarfad My, shall ort te rewired to, gin mtlfe to abate misses in accordance with tie. to abate pier to issuance of a civil enation prooadoes set forth in tits article. for a repeat offode iwolvi le the sae Walsances may be abater ty either the Wen-. , , property and aconite within ore year of a stxative abatement process er"the unkind ' prior violation. infection process, as hrmrte`parched. Sec 24-107. )Wbecnt Media;Penalties. ' Ss.24-101.. laWeeger to MMince.Mince. (a) ihataafd way trade but fall rot te t united (a) lin City tanager a any enfaramt erica to repair, renal, -Sing,clewing, actsrgr tion. &stomata) by the:City sear is here* cutting, ming, grading, sari relaid, althorn*to serve cpm the_neer err reran- • draining, securing, marina a builder or I - sible party of the property Wpm shim,Me structure, boatlbg uarariad, landings, encase is beteg aeleteMwi, 'err spm tie portions or facial, rwwlrg dangerous person , persons causing a'maintaining the portiai of tu/ldirgs a ins a''es, ad nuisance, a mitten notice to abate as rmaolittm of dangerous aortae m feared ' (t) int service of a motion to Mate is rewind, • (b) We ted teas �amt of Weems ea to Weald apairdt ase follarhl nettods of service .tell to . the property for collection in the Sine ewer Mend expiate: as property, is IWtmet casts shall ' (1) 0'pe'sonal,service rpm the erer at/or include the cost of reeving or elletretiamig ere rapuaihle party of fie .property.rya nuisance, tie test of nestlgetim, arch as Midi tie mince exists. title seethes, inspettite, are tetlrn tie (2) lf, after 'reasonable effort, 'personal cost of notification filing cos)!; ad other service cont to rade, ay bo of the related ad'dnistrathe costs. IropatI4/ - follodrg Clads Of service shall be 1 its vehicles Abid have hen fnpanded fey be crosftered atlegwe: (1) sending the sold in aaadasa with state lar. If n roam>s'certified nail, intone receipt crape able/obsolete settle is sot sold err if remested to the last nem address; (2) be punt of such sale or nfiptim are rot polishing the intim as a a for be sufficient for mot of the m t of abate- [mutative wee in a of rent, storage, and - sale of said City, lam or tor, In tie City of onium iigertle/cbselete vehicle,-each cast a tie M a crospiaoa plate mile property or ( tie mom*balite of such cost ray'to be against laldlr. p'op art for collectimh M ala sea env (3) If an inteead recipient of retire sawn as a paw tax. h load orad if his/her'Warm caret h (c) A a wnictpel 1ntFrtim pae¢edag fa the abatamt of aa nuisance, the can ear order tletandred after amenable 'Wart, ty ay one or more of tie Naming: Ii ; posting copy of the notice in a (I) Pira a Judgimt against be pain alder conspicuous place m the property and ty property of the defendant fo-alecosta of of pbliddng the notice feriae conemtive Matelot. ado in a rem of genal tinbrle- . (2) -Wavy a civil penalty (fire) against the • Lion in the City of lea City. , dfagnrt of up to we hawed dollars S¢- 24-105. Meant b' palnistratiw t'raedlego• I (5100.00) for the first oferm ad rp to (a) Content of mot officer decide to abate In theme� hundred a nuisance offenses. dollars (5200.00) for mut ainisbattvely, the Trice to abate sell (3) Mia abatement of the admire in any ' Wide tie following tnfenetim: muter as prodded to this article. (1) lesctptice of Mat.. mpetibtas a (4) Assess oats of abateet against the noisome, citing the aprngriata Cade P as Wept*tees. M Ra saw oma action. Sas:,24-100. faegacy Mar Proostn, (2) baser pti wiof fie oace. action oeassary to I Nin the enforcement officer determines that a (3) The order to abate within a specified tie misace exists on a pecerty ad tie Nuisance paid. constitutes an teahed clear,ant repelling darer . (4) the ectice dell advise Us,urn tartan ' to health, safety or tel fan of pass or palate, to amply with tie atm to abate, the ' the eda�eit officer Is authorized to Wats or City shall weeder soh abtpmd ad have abate] the nuisance wityaR acre retfoa ad ' that the mist of Matemt WY*atfoepporbnity of haring, The costs of all !aim , against the Arian y farmlletiim Ira fie in assassd aprrat.the property fa mlla:tim' sea Barre'as pew*tae's. in the see irrev as p open ty tax. ver. p, pia (5) The notice sell alio aide as to the to soil ascsmart, tie c!b stall give a iaopaty e pabefb far en tlanisbative leering ration by certified nail orad the appotunity ad that failure to mpest soh ahs for an adnlnistrattw hearing in acmdnm with the within the tine specified M de r tke prom:Wes of Section 24-105. sell mctibae a waive of tie right to ' dfiai ll pfPWlyl; Al) ordinates ad parts of ordinances • a tearing aid flat said notice sell In conflict with the provislod of shit thereafter berme a final hl8ednatlm adinaca are hely resealed. Those are: and oda to alae. SECTI04 III. SEVEif81LITf: If any section- , (b) Abinistratite hearing. The hearhg shall a pension or part of be Qdiroaia fall te*Mil . held tefore the City Manager a his/her to to invalidet or unconstitutional.cyofsoar adkdlfitl a design, orad sell h in accordant with be shall not affect the validity of tie Ordhaca as a pemare of$tfat 2-IM Oro*Sectio 2- reale or ay section,provision or pact thereoY'mt 187, owe as herein etherise provided. The aajtdad Invalid or ucadtituttonal. City tanner's a his/her design's daaete- t in IV. EFFECTIVE Oita: air 1 piaate shat tion ad ads shall le aipel*le to aeon h in effect after its final pissage, arsenal at Canty District font by wit of certiorari. Passel as re9.tva by lar. lle order shall not to carried ad until the posed arch approved this 23rd day of tae for filing de Wt of certiorari has ' Augquusst, 1988. wined.Sas. 24-1e6. Shama ty Ma ipal acorn I �r (a)Latent(a) faitd notice. In tie cued tie enforce- , nit officer decides to abatea sulsace A1161:_ ur.t. ncebtilinfraction lthe / rotito aaeainclude tie hloerg infawtlm: 24589 August 31,1988 (1) Cescrice�d of tie asMat constitutes im Cole section. - :_.k.\5 tcA,;^. .:.^ r,ca�_+err._;..,_s'_.2t4.. r-t:�'�?' i - (2) Description of tie actio sepessay to n abate the rename. I ' (3) The oda to abate within a specified tie (4) Wistful that failoe to tate tie ; nuisance within tie tine specified will ' result in the isstn of a awl ottani I. thawing tel maw er insensible party with a vmkipal iefractim. teamR) its positted to antis caret flutes a separate offense. _1 ORDINANCE NO. 88-3393 ORDINANCE TO AMEND THE ZCNING ORDINANCE CHAPTER 36- 23, THE CCPTERCIAL INTENSIVE (CI-1) ZONE. WHEREAS, Ordinance No. 87-3357 contains a provision to allow small scale manufacturing and assembly uses in the CI-1 zone; and t 1EREAS, it has became apparent that the dimen- sional requirements included in that provision are too restrictive to reasonably allow the type of manufacturing appropriate for the CI-1 zone to locate there; and WHEREAS, it is in the interest of the community to encourage the location of industrial uses in the City, and to encourage the location of certain types of manufacturing to redevelop blighted areas, but to limit the scale of such operations in what is primarily a conmercial zone. NO4,THEREFCRE, BE IT ORDAINED BY THE CIT( (UN IL OF IOWA CITY, THAT: SECTICN I. AMO434 NTS. 1. Section 36-23(c)(4) is amended by deleting the preamble and subsection (a), and inserting the following in lieu thereof: (4) Uses engaged in light manufacturing, including compounding, assembly and/or processing of articles, provided: a. The floor area of the use shall not exceed 5,000 square feet (for purposes of this subsection, floor area does not include the area of accessory uses); 2. Section 36-23(d)(4.5) is deleted and the following inserted in lieu thereof: Uses engaged in light manufacturing, including ccnpot ding, assembly and/or processing of articles, where the floor area for such use exceeds 5,000 sqe feet. The use shall not exceed a floor area of 15,000 square feet (for purposes of this subsec- tion, floor area does not include the area of accessory uses) and shall =ply with the provisions of Section 36-23(c)(4)b. through d. SECTICN II. SEVERABILITY. If any section, provi- sion rovi- 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. SECTION III. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. �J J Ordinance No. 88-3393 Page 2 Passed and approved this 4th day of October, 1988. de ATTEST: Niue.x) - i4; CI Approved as to Form L . Department ) � It was moved by Courtney and seconded by Horowitz that the Ordinance as read by adopted, and upon roll call there were: AYES: NAYS: ABSENT: _IL__ Ambrisco _IL_ Balmer Courtney _IL__ Horowitz _IL__ Larson McDonald First Consideration 9/20/88 Vote for passage: Ayes: Courtney, Horowitz, Larson, McDonald, Balmer. Nays: None. Absent: Ambrisco. Second Consideration 10/4/88 Vote for passage: Ayes: Horowitz, Larson, McDonald, Ambrisco, Balmer, Courtney. Nays: None. Absent: None. Date published 10/12/88 AP143�- D ¶ O��RM LE"AL DEP ENT 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. 88-3393 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of October , 1988 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 19th day of October , 19 88 Dated at Iowa City, Iowa, this 4th day of November ,1g 88 am na Parrott, Deputy City Clerk OFFICIAL PUBLICATION . •CIDUANCE W, 88-3393 0 31NANCE 10UO TIE mai OOIN^NE OWI 36- 23,1TE:CCITOCIPL INTENSIVE (Cl-1)ZOE. 141EfOS, Ordinance' No. 87-3357 contains a f� -provision to allow mall scale manufacturing and TI are; and Printer's fee 8/_�@ marbly*MS, It has Checone apparent that the dimen- sional isi- sional requirenats included in that provision are CERTIFICATE OF PUBLICATION renufa iog�approiopiiate for aine�C-1 tame of locate there; and STATE OF IOWA, Johnson County, ss: IIE%AS, it is in the interest of the amenity THE IOWA CITY PRESS-CITIZEN to encatsare the location of industrial uses in the City, ar*to encourage the location of miain typed of manufacturing to redevelop blighted areas, tut to limit ttkY�i scale of such operations in Mat is primeril)-,a cmmercial cone. lu4,l1$1EFOIE, EE IT OIDAINED 8Y AE CITY=CIE I - OF IOWA COY,THAT: SECTION I. NIETn4NTS. Carol Barr, being duly sworn, say that I 1. Section 36-23(c)(4) is wended by deleting the am the legal clerk of the IOWA CITY marbleandin lieu thereofal, mid inserting the PRESS-CITIZEN, a newspaper - (4) Uses engaged in light manufacturing, including rm{mding, assembly and/or published in said county, and that a processing of articles, provided: notice, a printed copy which hich is hereto a. 11e floor aha of the use shall not exceed 5,000 square feet (for attach d, was published in said paper papeses of this subsection, floor time(s), on the following - a does not include the area of s): 4 2. Section 36-23(accesd)(4.5))is deleted and the daten�I // ��� following'inserted ere io lieu thereof: /I Uses engaged in light manufacturing, including cmarticls, assembly and/or fsuch of articles, where a Flux area for use r exceed 5,000 wire fat. 0The 30 use shall not forced pa floor area of ubsec- share feet (for purposes of this a area 41 that Floor area as not l empty the area �� +/ of anions o uses) and shall ugly with the provisions of Section 36-23(c)(4)b. through - Legal Clerk d. SECTION II. of thMMY. If any sectio, provi- sion or part of the Ordinance shall be adjudged to Subscribed and sworn to before me ba invalid or unconstitutional, such a rjudication shall not affect the validity 6f the Oltinance as a Mole or at3ectioej#Vovisian or part thereof not /tom/� adjudged br/al id or ifjIattitutianal. this / day of �Jl�-, A.D. 'SECTION In, ETFECTNE-1511f. This Cm:Anne shall be in effect after its final passage, approval and Q' publication as required t'law. 190 . Passed And approved this tth day of c � October, 1988 �.7� Notary Public ry G SHARON STUBF3S ATTEST: �h„< , ( L ,-a ' ... ._ _.- - Approved as to Form le- °9:61 t 26632 October19,1988 '/ ORDINANCE NO. 88-3394 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ALCOHOLIC BEVERAGES," BY (1) AMENDING SECTION 5-1 THEREOF TO PROVIDE DEFINITIONS OF RESTAURANT AND OF TEMPORARY OUTDOOR SERVICE AREA AND TO UPDATE OTHER DEFINITIONS, (2) BY AMENDING SECTION 5-6 RELATING TO DANCING PERMITS FOR LICENSED ESTABLISHMENTS, (3) BY REPEALING SECTION 5-33 RELATING TO THE DURATION OF PERMITS AND LICENSES, (4) BY AMENDING SECTION 5-41 TO REVISE REGULATIONS REGARDING OUTDOOR SERVICE AREAS, AND (5) BY ADOPTING NEW SECTIONS 5-45 AND 5-49 THROUGH 5-52 RELATING TO THE REGULATION OF TEMPORARY OUTDOOR SERVICE AREAS AND SEASONAL AND FOURTEEN-DAY LICENSES AND PERMITS, AND (6) BY INCORPORATING SECTIONS 5-39 THROUGH 5-52 INTO A NEW ARTICLE, ARTICLE III, ENTITLED "OUTDOOR SERVICE AREAS AND SEASONAL AND FOURTEEN DAY LICENSES AND PERMITS.". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY.OF IOWA CITY, IOWA: SECTION I: That Chapter 5 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 5-1 thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: "Sec. 5-1. Definitions. The following definitions shall apply to this chapter: (a)(1) Alcohol means the product of distillation of any fermented liquor rectified one or more times, whatever may be the origin thereof, and includes synthetic ethyl alcohol . (2) Alcoholic beverage means any beverage containing more than one- half of one percent of alcohol by volume, including alcoholic liquor, wine, and beer. (3) Alcoholic liquor or intoxicating liquor means the varieties of liquor defined in subsections (a)(1) and (s) (1) which contain more than five percent of alcohol by weight, beverages made as described in subsection (b)(1) which beverages contain more than five percent of alcohol by weight but which are not wine as defined in subsection (w)(1) , and every other liquor or solid, patented or not, containing spirits and every beverage obtained by the process described in subsection (w)(1) containing more than seventeen percent alcohol by weight, and susceptible of being consumed by a human being, for beverage purposes. Alcohol manufactured in this state for use as fuel pursuant to an experimental distilled spirits plant permit or its equivalent issued by the federal bureau of alcohol , tobacco and firearms is not an alcoholic liquor. (b)(1) Beer means any liquid capable of being used for beverage purposes made by the fermentation of an infusion in potable water of barley, malt, and hops, with or without unmalted grains or decorticated and degerminated grains or made by the fermentation of or by distillation of the fermented products of fruit, fruit extracts, or other agricultural products, containing more than 3(0 Ordinance No. 88-3394 Page 2 one-half of one percent of alcohol by volume but not more than five percent of alcohol by weight but not including mixed drinks or cocktails mixed on the premises. (c)(1) City council or local authority means the City Council of the City of Iowa City, Iowa. (2) Club means any non-profit corporation or association of indi- viduals, which is the owner, lessee, or occupant of a permanent building or part thereof, membership in which entails the prepayment of regular dues and is not operated for a profit other than such profits as would accrue to the entire membership. (3) Commercial establishment means a place of business which is at all times equipped with sufficient tables and seats to accom- modate twenty-five (25) persons at one time, and the licensed premises of which conform to the standards and specifications of the department. (4) Council means the beer and liquor control council established by state law. (d) (1) Director or administrator means the administrator of the divi- sion, appointed pursuant to the provisions of Chapter 123 of the Iowa Code, or the administrator's designee. (2) Division or department means the alcoholic beverages division of the Iowa Department of Commerce established by Chapter 123 of the Iowa Code. (e)-(g) Reserved. (h)(1) Hotel or motel means a premise licensed by the Iowa Department of Inspections and Appeals, and regularly or seasonally kept open in a bona fide manner for the lodging of transient guests, and with twenty (20) or more sleeping rooms. (i )-(k) Reserved. (1 )(1) Legal age means twenty-one (21) years of age or more. (2) Licensed premises or premises means all rooms, enclosures, contiguous areas, or places susceptible of precise description satisfactory to the administrator where alcoholic beverages, wine, or beer is sold or consumed under authority of a liquor control license, wine permit, or beer permit. A single licensed premise may consist of multiple rooms, enclosures, areas or places if they are wholly within the confines of a single building or contiguous grounds. (m)-(n) Reserved. (o) (1) Outdoor service area means an area outside of but immediately adjacent to a building housing a licensed premises, which area has been approved for use for the sale, dispensing or consumption No Ordinance No. 88-3394 Page 3 of alcoholic beverages or beer pursuant to the provisions of this chapter, Chapter 123 of the Iowa Code, and Chapter 150 of the Iowa Administrative Code. An outdoor service area shall include any outdoor area where beer or liquor is to be sold, served, carried, or consumed by the public and shall be considered as part of the licensed premises. The same federal and state laws and local ordinances which apply to the licensed premises shall also apply to the outdoor service area. (p) (1) Permit or license means an express written authorization issued by the department for the manufacture or sale, or both, of alcoholic liquor, beer, or wine. (2) Person means any individual , association, partnership, corpora- tion, club, hotel , motel , or municipal corporation owning or operating a bona fide airport, marina, park, coliseum, auditorium, or recreational facility in or at which the sale of alcoholic liquor or beer is only an incidental part of such ownership or operation. (3) Person of good moral character means any person who meets all of the following requirements: (a) The person has such financial standing and good reputation as will satisfy the administrator that the person will comply with this chapter and all laws, ordinances, and regulations applicable to the person's operations under this chapter. (b) The person does not possess a federal gambling stamp. (c) The person is not prohibited by the section 5-38 from obtaining a liquor control license or a wine or beer permit. (d) The person is a citizen of the United States and a resident of this state, or licensed to do business in this state in the case of a corporation. Notwithstanding paragraph "f" in the case of a partnership, only one partner need be a resident of this state. (e) The person has not been convicted of a felony. However, if the person' s conviction of a felony occurred more than five years before the date of the application for a license or permit, and if the person's rights of citizenship have been restored by the governor, the administrator may determine that the person is of good moral character notwithstanding such conviction. (f) If such person is a corporation, partnership, association, club, or hotel or motel , the requirements of this subsec- tion shall apply to each of the officers, directors, and partners of such person, and to any person who directly or indirectly owns or controls ten percent or more of any class of stock of such person or has an interest of ten r^ Ordinance No. 88-3394 Page 4 percent or more in the ownership or profits of such person. For the purposes of this provision, an individual and the individual 's spouse shall be regarded as one person. (4) Prohibited sale of alcoholic liquor or beer under this chapter includes soliciting for sales, taking orders for sales, keeping or exposing for sale, delivery or other trafficking for a valuable consideration promised or obtained, and procuring or allowing procurement for any other person. (5) Public place means any place, building, or conveyance to which the public has or is permitted access. (q) Reserved. (r)(1) Residence means the place where a person resides, permanently or temporarily. (2) Restaurant means a business whose primary function is the service of food to customers and which meets the following criteria: (a) serves hot meals prepared and cooked on the premises for consumption on the premises; (b) has a food service menu from which customers may order; (c) has an employee whose primary duty is the preparation of food, and an employee whose primary duty is to serve food to customers; (d) has a kitchen separate from the bar which is equipped with a microwave oven, stove, griddle, grill , or broiler, and a food refrigeration unit with a capacity in excess of 20 cubic feet; (e) operates the restaurant service during at least 60% of the hours that the business is open to the public; and (f) holds itself out to be a restaurant, and advertises itself as a restaurant if it advertises. (3) Retail beer permit means a class "B" or "C" beer permit issued under the provisions of this chapter and state law. (4) Retailer means any person who shall sell , barter, exchange, offer for sale, or have in possession with intent to sell , any alcoholic liquor for consumption on the premises where sold, or beer for consumption either on or off the premises where sold. (s)(1) Spirits means any beverage which contains alcohol obtained by distillation mixed with drinkable water and other substances in solution, including, but not limited to, brandy, rum, whiskey, and gin. 3(0 Ordinance No. 88-3394 Page 5 (t)(1) Temporary outdoor service area means either an area outside of but immediately adjacent to a licensed premises which is approved for the temporary sale of liquor, beer, or wine under the license or permit for that premises, or an area not within a building which is licensed for the temporary sale of liquor, beer, or wine under a seasonal or fourteen-day license or permit. (u)-(v) Reserved. (w) (1) Wine means any beverage containing more than five percent but not more than seventeen percent of alcohol by weight obtained by the fermentation of the natural sugar contents of fruits or other agricultural products, but excluding any product containing alcohol derived from malt or by the distillation process from grain, cereal , molasses or cactus. SECTION 2: That Chapter 5 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 5-6 thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: "Sec. 5-6. Dancing restricted in connection with business. (a) When allowed. Dancing is hereby authorized in connection with the sale of liquor, beer, or wine by the drink in establishments having at least 150 square feet of floor space available for dancing. (b) Permit required. It shall be unlawful for any license or permit holder under this chapter to allow dancing in connection with the operation of such business without first securing a permit therefor from the city clerk. (c) Permit application. A verified application for a permit to allow dancing in connection with the sale of liquor, beer, or wine by the drink shall be filed with the city clerk and shall contain the following information: (1) The name and address of the applicant. (2) The location of the place of business wherein dancing is to occur in conjunction with the sale of liquor, beer, or wine by the drink. (3) That the applicant is a bona fide holder of a liquor control license or a beer or wine permit. (4) That the applicant consents to the entry of members of the city police, fire, and health departments without a search warrant to inspect the premises for violations of this ordinance. (5) A statement from the chief of police, the fire chief, and the building inspector that the premises comply with the ordinances of the city and the statutes of the state. Ordinance No. 88-3394 Page 6 (6) A detailed sketch and description of the premises. Such sketch shall include all rooms or enclosures which are operated in connection with the liquor control license or beer or wine permit wherein the dancing shall be allowed and shall show the area designated for dancing and its dimensions. (7) A check, money order, or bank draft for the permit fee required by the provisions of this section. (d) Fee for dancing permit. The annual fee for a dancing permit shall be in the amount set by the council by resolution. Such fee shall be prorated for fractions of the square foot requirements. The initial permit shall be valid for the same time period as applicant's liquor control license, or beer or wine permit, and the cost shall be prorated on that basis of time. (e) Permit issuance. If an application is in the proper form, the city clerk shall place the application on the agenda of the next regular council meeting at which the city council may by resolution grant a permit if this section has been complied with. If the resolution is approved, the city council shall issue a permit to the applicant. (f) Revocation of permit. In the event that a dancing permittee violates any of the provisions of this chapter, or chapter 123 of the Code of Iowa, the dancing permit shall be automatically revoked, and no refund shall be made of the permit fee. (g) Refunds. Any dancing permittee who shall voluntarily surrender a dance permit shall be entitled to a refund for the balance of the term remaining." SECTION 3: That Chapter 5 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 5-33. SECTION 4: That Chapter 5 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 5-41 thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: "Sec. 5-41. Regulation of outdoor service areas. The operation of an outdoor service area shall be subject to the following terms, conditions and regulations. (a) Outdoor service areas must be located on private property and may not encroach on any public right-of-way except as provided in Section 9.1-8 of the City Code of Ordinances. (b) An outdoor service area shall not be located on any side of a licensed establishment which fronts on a street, unless (1) the building is set back a minimum of 20 feet from the street right-of- way line, (2) there is a minimum of 500 square feet of private property on that side of the building available and proposed for use as an outdoor service area, and (3) the outdoor service area is being operated in conjunction with a restaurant as defined in Section 5-1. 39 Ordinance No. 88-3394 Page 7 (c) Outdoor service areas shall be screened on all sides from public view. Screening shall consist of a fence or other suitable barrier of not less than five (5) feet in height nor more than eight (8) feet in height. It shall be of solid construction which will effectively prevent ingress or egress from the premises except by way of an emergency fire exist only. Such fire exit shall be required of all outdoor service areas. (d) Outdoor service areas shall not be accessible except from the licensed premises which it adjoins. The required fire exit shall be an emergency exit only. (e) An outdoor service area must be immediately adjacent to the licensed establishment of which it is a part. (f) An outdoor service area shall be permitted in any C (commercial ) Zone, as provided by Chapter 36 hereof, provided that an outdoor service area shall not be permitted if any part thereof lies within 100 feet of an R (residential ) Zone. In the event that property within 100 feet of an established outdoor service area is rezoned to any R (residential ) Zone classification, such outdoor service area shall be permitted to continue in operation so long as it is continuously authorized as such by the City Council without lapse, suspension, or revocation. The City Council may waive operation of this provision to permit continued operation of the outdoor service area in the event of lapse or suspension of the license or permit for the establishment, or in the event of lapse or suspension of City Council authorization for the outdoor service area. (g) Outdoor service areas shall comply with appropriate building, housing and fire codes and with all other applicable state and city laws. (h) Seating or other accommodations in an outdoor service area shall not exceed one person per fifteen (15) square feet of floor area accessible to the public. (i ) Amplified sound equipment shall be prohibited in outdoor service areas. Compliance with the city noise ordinance shall be required. Additional advertising or identification signage beyond that permitted for the main licensed establishment shall not be permitted. (j) The owner or operator of an outdoor service area shall be required to observe the same per square foot occupancy limits that apply to the building which it abuts. The occupancy limit for each outdoor service area shall be determined by the city building official . In the event inclement weather requires early closing of the outdoor service area, the license or permittee shall not allow patrons of the outdoor service area to enter that portion of the licensed premises housed in the adjacent building if to do so would result in exceeding the occupancy limits therefor as determined by the city building official ." SECTION 5: That Chapter 5 of the Code of Ordinances of the City of Iowa No Ordinance No. 88-3394 Page 8 City, Iowa, be, and the same is hereby amended by adding thereto the following new section to be codified as Section 5-45, to read as follows: "Sec. 5-45. Temporary outdoor service area operated in conjunction with a licensed premises. (a) An application for permission to operate a temporary outdoor service area in conjunction with a licensed premises shall be made upon the form provided by the city. Such application may be made at any time. The application shall include all information required to be submitted with applications for beer and liquor licenses. The application shall be submitted to the city clerk at least fifteen (15) days prior to the date it is to be considered by the city council , and shall be accompanied by payment of an inspection fee as set by the City Council by resolution. Approval by the city council of a temporary outdoor service area shall be by letter to the department with regard to the diagram, dram shop insurance coverage and all other state requirements. (b) Approval or disapproval of an application for a temporary outdoor service area shall be at the discretion of the city council . Such discretion shall be exercised with due regard to public health, safety and welfare considerations. (c) A temporary outdoor service area can be operated in conjunction with a licensed establishment on not more than two occasions in the licensing year for that establishment, and for not more than three days per occasion. (d) A temporary outdoor service area shall be subject to the regulations and requirements set forth in Section 5-51. Inspections shall be made as necessary prior to issuance of the approval letter to determine if the temporary outdoor service area will conform with said regulations and requirements. (e) Permission to operate a temporary outdoor service area may be suspended or revoked pursuant to the procedure and for the same cause as provided in Section 5-44." SECTION 6: That Chapter 5 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by adding thereto the following new section to be codified as Section 5-49, to read as follows: "Sec. 5-49. Seasonal or Fourteen-Day Licensed or Permit - Approval Required. Any person desiring to sell liquor, beer, or wine utilizing a seasonal or fourteen-day license or permit, as authorized by Section 123.34 of the Iowa Code, must make application therefor and must obtain the approval of the city council and of the Department." SECTION 7: That Chapter 5 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by adding thereto the following new section to be codified as Section 5-50, to read as follows: Ordinance No. 88-3394 Page 9 "Sec. 5-50. Application for Seasonal/Fourteen-Day License or Permit. (a) An application for a seasonal or fourteen-day license or permit shall be made upon the forms provided by the city. The application shall be submitted to the city clerk at least fifteen (15) days prior to the date it is to be considered by the city council . Approval by the city council of an application for a seasonal or fourteen-day license or permit shall be endorsed on the application and sent to the department, along with the diagram, dram shop insurance, and all other state required documents. (b) If sales under such license or permit are to occur outside of a building, the temporary outdoor service area within which such sales are to occur shall be clearly identified on a diagram which shall accompany the application. The diagram shall also set forth and identify (1) the lot and street address of the temporary outdoor service area; (2) the location of streets and alleys adjacent thereto; (3) the ownership and use of all abutting private proper- ties; (4) the location of all security fencing around the temporary outdoor service area, and (5) the location of the entrance to and of all exits from the temporary area. (c) Upon submitting an application for a seasonal or fourteen-day license or permit, the applicant shall provide the name and address of the owner of each abutting property as well as every other property which is within one hundred (100) feet of applicant's premises. The city will then notify these property owners by letter of the nature of the application and the date and time when it will appear on the agenda for approval by the city council , so that these property owners will have an opportunity to comment on the application if they wish. (d) Approval or disapproval of an application for a seasonal or fourteen- day license or permit shall be at the discretion of the city council . Such discretion shall be exercised with due regard to public health, safety and welfare considerations. " SECTION 7: That Chapter 5 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by adding thereto the following new section to be codified as Section 5-51, to read as follows: "Sec. 5-51. Regulations and requirements applicable to temporary outdoor service areas and to seasonal and fourteen-day permits and licenses. The sale of liquor or beer in a temporary outdoor service area, or under a seasonal or fourteen-day license or permit, shall be subject to the following regulations and requirements. (a) Temporary sales under a seasonal or fourteen-day license or permit may be conducted in a building owned or leased by the applicant or in a clearly designated temporary outdoor service area owned or leased by the applicant. A temporary outdoor service area must be located on private property and may not encroach on any public right-of-way. 3CO Ordinance No. 88-3394 Page 10 (b) A temporary outdoor service area operated in conjunction with a licensed establishment shall not be located on any side of the licensed establishment which fronts on a street, unless (1) the building is set back a minimum of 20 feet from the street right-of- way line, (2) there is a minimum of 500 square feet of private property on that side of the building available and proposed for use as an outdoor service areas, and (3) the outdoor service area is being operated in conjunction with a restaurant as defined in Section 5-1. (c) The perimeter of temporary outdoor service areas shall be double fenced with snow fencing or construction fencing not less than four feet in height, with the outside fence located not less than six feet distant from the inside fence. Fencing may be deleted at locations where the temporary outdoor service areas adjoins a building. Fire exits which are emergency exits only shall be provided. A uniformed security officer shall be continuously present at the site of a temporary outdoor service area if more than one hundred (100) persons are in attendance, and an additional uniformed security officer shall be provided for each additional fifty (50) persons attending. (d) If a temporary outdoor service area is operated in conjunction with a licensed establishment, it shall be immediately adjacent thereto and shall not be accessible except from the licensed premises which it adjoins. (e) Parking shall be provided for a temporary outdoor service area or for a building wherein the sale of liquor or beer occurs under a seasonal or fourteen-day license or permit. The required number of parking stalls shall be determined by applying the parking requirements for that zone, if any, to that use. (f) The sale of liquor or beer under a seasonal or fourteen-day license or permit may occur in any principal structure which does not house a residential use, regardless of the zone in which it is located and regardless of its proximity to other residential uses. A temporary outdoor service area shall be permitted in any zone, provided that a temporary outdoor service area shall not be permitted if any part thereof lies within 100 feet of a residential use. (g) A building which is utilized for liquor or beer sales under a seasonal or temporary license or permit shall comply with appropriate building, housing and fire codes and with all other applicable state and city laws, and shall be subject to inspection prior to issuance of the license or permit and at any time while being operated under such license or permit. (h) Seating or other accommodations in a temporary outdoor service area shall not exceed one person per fifteen (15) square feet of area accessible to the public. A trash container or trash containers equaling 50 gallons in volume, and one (1) restroom/toilet facility, either permanent or temporary, must be provided on the site of the temporary outdoor service area for each fifty (50) people expected to attend. .5to Ordinance No. 88-3394 Page 11 (i ) Amplified sound equipment may be operated in a temporary outdoor service area upon issuance of a permit therefore as provided in Section 24.4-6 of this Code. Dancing may occur in a temporary outdoor service area or in a building which is utilized for liquor or beer sales under a seasonal or temporary license or permit upon issuance of a license therefor pursuant to Section 5-6 of this chapter. Identification signage shall not be permitted. (j) The owner or operator of a temporary outdoor service area operated in conjunction with a licensed establishment shall be required to observe the same per square foot occupancy limits that apply to the licensed establishment which it abuts. The occupancy limit for each such temporary outdoor service area shall be determined by the city building official . In the event inclement weather requires early closing of such temporary outdoor service area, the licensee or permittee shall not allow patrons of the temporary outdoor service area to enter that portion of the licensed premises housed in the adjacent building if to do so would result in exceeding the occupancy limits therefor as determined by the city building official ." SECTION 9: That Chapter 5 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by adding thereto the following new section to be codified as Section 5-52, to read as follows: "Sec. 5-52. Suspension or Revocation of Seasonal or Fourteen-Day License or Permit. A seasonal or fourteen-day license or permit may be suspended or revoked pursuant to the procedure and for the same cause as provided in Section 5-44." SECTION 10: That Chapter 5 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by incorporating Sections 5-39 through 5-52 thereof into a new article, Article III, entitled "Outdoor Service Areas and Seasonal and Fourteen Day Licenses and Per- mits". SECTION 11. 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 12. REPEALER: All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. These are: Ordinance No. 2605, Section XVI , 12/21/71. Ordinance No. 72-2639, 8/8/72. Ordinance No. 84-3213, Section II, 1. , 11/6/84. Ordinance No. 86-3289, §2 and §3 (part), 6/3/86. Ordinance No. 87-3333, §1, 9/8/87. SECTION 13. 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 1st day of November, 1988. Ordinance No. 88-3394 Page 12 ac MAY,; ATTEST: 7424., J 7C. CITY CLERK Appr ed as . Form /0/8�crer Legal Department •ALO 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 X Balmer X Courtney X Horowitz X Larson X McDonald X First consideration 10/4/88 Vote for passage: Ayes: McDonald, Ambrisco, Balmer, Courtney, Horowitz, Larson. Nays: None. Absent: None. Second consideration 10/18/88 Vote for passage: Ayes: Horowitz, Larson, McDonald, Ambrisco, Courtney, Balmer. Nays: None. Absent: None. Date published 11/9/88 R0 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CI1Y, IOWA 52240 (319) 356-5CO3 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. 88-3394 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 1st day of November , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 9th day of November , 19 88 Dated at Iowa City, Iowa, this 2nd day of December ,19 88 mo a Parrott, Deputy City Clerk OFFICIAL PUBLICATION (1)U) -Legal aga Ream taeiy-one (2I) years of NONCE fO. 89 7394 age ar • (2) Lica,sed premises a- premises mans all AN OIOINVCE RUMPG WAFTER 5 Of ThE On Cf ream, enclosures, contiguous areas, or CROINYC6 of 1K CITY Of Ian CITY, IOM, ENTITLED plasm susceptible of precise deur ptlon "PLCCEOLIC a vms,6," BY (1) ,ieouc SECTION 5-1 satisfactory to the adrtinistrator Were 11471ECF TO NOYIOE DEFINITION 6 DISTRUST NO 6 alcdnlic beverages, wine, or tea is sold TIMKEN EIITEC R SERVICE AREA NO TO&CATE OPER a' cowed saaEr autatty of a liquor IWFDIITION, (2) BY ftfloltG SECTION 5-6 ROAM 10 control license, wire permit, or leer DYCIIG PERMITS FOR LICENSED ESTA9119$03, (3) BY permit. A single licensed premise Noy IEFFALIIG SECTION 5-33 FfLAI1G l0 itf CURIO 6 consist of multiple urns, enclosures, FONTS NO LICENSES, (4) BY NMI%G SECTION 5-41 areas or places if they are Molly within TO REVISE REGULATIONS RECNOIIS OTrmaR SERVICE the confines of a single Mildllg or APFAS, No (5) BY ACOPTDG 10 SECTION 5-45 NO 5- contiguous gre t. 49 1160111 5-52 REATDG 1D llf REGULATION OF ( ad n)-(n) Resents. tr' Tucci ODOY1t SERVICE SFAS No smolt NO (o)(1) Dolor service area means an area outs;& NriTEENN-DAY LICENSES NO PERMITS, NO (6) BY of but lmrediatelY ayacent to a Mildisg EKIIUQMTIIG SECTIONS 5-39 DFolnl 5-52 INTO P NEN housing a licensed premises, With ape has ARTICLE, ARTICLE III, ENTITLED "OIIM SERVICE been approved for use for the sale, AREAS NO SEATER/ NO FORIEDN DAY LICENSES No dispeming Of consutption of alcoholic PfAIITS. beverages or tar pursuant to the previ- sions of this chapter, Chapter 123 of the BE IT MAIMED BY THE CITY 011CR 6 11C CITY OF IOW Cade. End Chapter 150 of the los IOM CITY, 1044: Administrative Code. An outdoor service tT�1�O�1�1 That Chapter 5 of tie Co&of Ordinates area shall ineluie any outdoor area Were Or pm8 City of Ioe City, los, te, and the sere is Mer or liquor is to be sold, sated, hereby amd?d by revealing Settle,5-I then]!, ad carried, or =sad by the pbllc and enacting in ere treat a new s¢tim to be shall be crostderei as part of be It erad Printer's feeVa. codified tie sale to real as folks: shall ire sane federal ad state lam ""s. 5-1. Cefinittas. are local ordinates With apply to the lin following definitions shall apply to this licensed premises shall also apply to the CERTIFICATE OF PUBLICATION chapter: adder service area. STATE OF IOWA, Johnson Count ss: (z)(1) Alcohol weans the product of distillation (p)(I) authorization license means ran ehe gress a Y ay femm�tad lips rete iedthe one or the manufacture or err both, of THE IOWA CITY PRESS-CITIZEN awe ovens, rbateer te the origine alcoholic&anuli e, ,sale.wine. thereof, aM ircliadrAethyl alcdel. synthetic (2) Terson nears any irdividaal, association, (2) Aloielic Mange ream any Leverage partnership, corporation, club, hotel, mltatning more than me-half of cre motel, or mmicipal corporation owning or percent of alcohol by volume, ircluding cperatiig a bona fide airport, marina, I alcoholic li0nr,wire,ad tem park, coliseum, aditnriun, or recreational (3) Alcoholic liar or intoxlcatirg lige facility in or at Mich the sale of Carol Barr, being duly sworn, say that I nears the varieties of tiger hfired in alcoholic ligcr or leer is only art sWlmoctia¢ (a)(I) and (s)(1) Sidi Retain ix;doital part of such oaership or am the legal clerk of the IOWA CITY cora than five petard of alcohol by operation. PRESS-CITIZEN, a newspaper sight, a&mas described in (3) Jerson of good mural character mem any aOsectlen (b) I) With beverages retain person Me mats all of tie following published in said county, and that a awe than five percent of aloin ty silt rairammts: notice, arinted copyofwhich is heretobut Mira are not wire as &fined in (a) The person has : financial P station (w)11), NM every other tar standing are good reputatien as will attached, was published in said paper cr solid, patented or not, centalning satisfy the administrator that the spirits ad every teve age ebtalred by tie person.will comply with this chapter / time(s), on the followingad srs all ledinarce: and date(s): antes &serihm In s>bsectim (w)(1) ulations datnhg more than seventeen cement reg applfeeble to the f �i alrohol by weight, ad susceptible of berg perscnapters cperattens oder this �'(//�r�� e/947-, Reposes by a Alcohol Mang, for I Reposes. Alcdal aensfactumd In th s (b) The peeve does not poses a federal state for use as fuel pursuant to an garbling step. eperhmetal distilled spirits plat remit (c) The person is not prohibited by the or its afovalent issued by tie federal section 5-38 from obtaining a lam 447/ bureau of alcohol, tobacco and firearm is p ��J net an amllc ltger. permit. (b)(l) Peer mans any liquid capable of bebg user, entrol license or a wire or bar (d) The person is a citimi of the tinted Legal Clerk for beverage ate purposes Inde by iia foresta- tion sStattesaMa tor resident ofef thislrstate, g tion of at Infusion In potable velar of state in the case of a corporation. In ion. barley, malt, ad ops, with a without Notwithstanding paragraph "(•' in tit Subscribed and sworn to before me molted grains or decorticated the feria-art case of a partnership, only am tato nnoof grains or lade Try Vonti fatten of or cbyt distillation of Nle b.. ..-,....,r yy�\ fomented prodtts of fruit, fruit not be a resided of this this /d dayof 3J' �, A.D. retracts, or other spnaltural predicts, containing sore than ere-half of ane (e) state. to person has rot been wwictsd of percet of atonal by volume tut rot more a felony. tevever, if tie person's than five perceit of alcohol by rightbut than fiveion of a felony occurred date rroof 19 not including mixed drinks or cocktails than years before the of mixed on i premises. the application for a license or (c)fI) City eaacil or local authority mans de permle, and if the pnmm's rifts of (� e dl2 City Ca it of the City of Mas City, citizenship have Ma restaid am the las. deternor, tre termine that the person is of good Notary Public (2) ane mainti onon-pindividutals, cSith on or moral character rotwltstard; association of, IMlviduals, Mach is the rg such .•'e ••••• c SHARON STUBBS - carer, lessee, or t cant of a rship it fconviction. • Wild, entails ai parth thaf, nwof reg In (f) pa reds p,rson isci icor club, o, &es dthe tedfo nt of regular partnhotel mo association, club, of des ad is ret anted ld a Refit Wer Lenten or mutein the reyirammts of .. .. than such profits as wpuld acne to the this subsection shall apply to each entire mastership. of the offices, directors, and (3) Camerctal establishmentwas a place of partners of such person, aM to any business holds issatat all tines &gripped person c directly, or ntirdInactly more with sufficient tables and seats to acme cans or controls ten percent or sore malate bay-the (25) Tersens at ore of any class of stark of such person tire, ant the licensed Rases of With ar has an interest of ten cement or and conform to Um standards and speditatims sore In the for arena or profits of of the such person. For the purposes of (4) Condi means astthe beer and liger control this provision, an iniividal at the onaeil established by state lay. individual's spouse shall be rpparl (d)(1) Director or administrator meas the as one person. addnlstrator of the division, appointed (4) Rchibited sale of alcdoltc lignr or Lr pursuant to tie provisions of ouyter 123 nder this chapter Includes solicitirg for of tte loo Ca, or the administrator's sales, takirg ceders for sales, keeping or designee. evposirg for sale, delivery or otter (2) Division or department means the alcoholic trafftckirg for a valuable consideration beverages division of the lea Department promised or obtained, ad proaries or of Cmncra established by Chapter 123 of allewirg procurement for my other pass. the las Cade. (5) Relic place mans any piace, building, or (e)-(g) Reserved. Reweya[e to With the pbllc has or is (h)(1) Hotel or motel nears a premise Hansel by pmdtted access. the Irma Department of Inspections aM (R) Reserved. • Appeals, ani regularly ar seasonally kept 01(1) Flasideece nears the place Mae a person ppm in a baa fide wirer for tie lodgirg resides, pemarcntly or temporarily. of transient vests, and with twenty (20) (2) Rota man is the servicess Sow fend to primary or more slayens slaying r . (1)-(k) Ibsened- ——- toners au teem nets tie tlloa,r-9 eireste E Mui vapor e or ire u11 Or twmanaes v ✓ ——•� criteria: '-of to City of lm City, Me, ce, ad the 5ra is (a) servesprepared teals pepared mete hereby andel by repealing Section 541 thereof, a.2 3 m the premises for rms,pptim en aid enacting in lieu thereof a sea section to he d the penises; mdified tie sale to Rad as folia): . (b) has a food service Dire hon Old, 'Sec. 541. 1Ewlateen of add=mviae a r$. customs nay otter; the opadtion of an aitdoor service area shall W (c) has an employee Mose p iwy(ley Is s,tlett to the Worm tens, ccditims ard the preparation of food, and an regulations. erployee Mase primary day is to (a) Qndoor service areas rust be located on serve foe to astorn; private pr :erty aid nay rot encroach en any (d) has a kitchen separate Fran the bar I public right-of-way except as provided in Mich is epilpped with a mitwoove Section 9.1-8 of to City Cade of Qdinaxes. oval, stove, griddle, grill, or , (b) M ,wtdor service area shall rot te treated on thriller, and a food refrigeration any side of a licensed establisher Mie mit with a capacity in excess et 20 frons m a street, inless (1) the building is abic fart; set back a mininm of 20 feet fine the street (o) operates the restaurant service right-of-say line, (2) tfere is a minimm of during at least Kt of tie hos bet 500 spore feet of private property on that 'Sec. See. Sternal or faatimeli Lke®1 ca• the bslress is open to the poke; side of the eulldirg available ad plead for Remit-Peearal Demirel- ard use as an outdoor service area, and (3) the My prion desirig to sell lga' tea, m wire (i) holds itself of to be a restarert, outdoor service area is Sing operated in utilizing a seasael or famtme-day license or and advertises itself as a ralaran =jetties' with a restaurant as defined in permit, as authorized by Section 123.34 of the Iowa if it ai+ertises. Satlm 5-1. epee, mist it application therefor ad net teen (3) (Mail beer pent nears a class 'W a'V (c) Outdo service areas shall be screened m all tie agaras'al of the city cancel and of tie Depart- beer permit Issued,oder the provisions of sides fran public vim.. Screening shall nom'' this chapter at state lea. consist of a fence or other salable leerier ofThat Chapter 5 of the foo of pretences (4) Pcereal noorat tiler means ay peMe shall sell, rot less than five (5) feet to he4t nor t t^e tetY of Ila City, lad, be, all the sale is barter, echenee, offer for sale, or have than elle (8) feet in height. It shall be of hazy wended by adding thereto the following new in possessim with Intent to sell, any solid construction Mich will effectively satin to be edified as Section 5-50, to read as elcdelic hirer for consuiptice en the forcensure- foliar: ponies Were sold, or lecensure- prevent ingress or egress fran tie reveres 'Sec. 5-50- feplicatim for Seasonal/Fourteen- premises elm elder m or off the c Mat except fire wxy of at engmcy fire exist oily- Ory Lima or Permit.exit shall be rewind of all credo- (a) Pal application sold. app r for a seasonal or fortO the fonts (a)(1) Spirits arsservice ' prude or permit shall W neer,pm ilo fours alcdol rebase by distillation slant with (d) creCutdpt service areas shall rot se accessible ie axspt flora the liresal penises Mia it provide by the city. driNable ter and other sbstaxes in adjoins. lire required fire exit Mall tem yI'e clerk at leasteas shall a(15)subdays to the solttlen, including, but not lintel to, aergerey exit only. city at often dedays prior to fid•nae, , and gin. (e) M outdoor service area rust to immilatel the date it is al by tieconcunby the city (t)(1) TeArary.Moor service area earn either Y council. fp the city council ,- an ey at aaw adatde of bit oeradltely deceit itiis a part.isent to to licensed establiMnen of Mich liclnsetior for a seasonal or rsei on to to a Homed premises Welch is iWrovedapplication on permit shall abe eparnen on ire for.the tasgorary sale of liquor, beer, or (f) el outdoor service area shall a permitted a with thetdi and soot to tie emanons, slag wine teakr the license or permit for that any C ( f, provicial)ded lore, as cued et mer' with the diagram, dram shop enan-ance, ad all pni,faes, a'at area rot within a builds ar hereof, provide that ala a pen servicef If sales state rewired,licmts. Mich Is licensed for the of area shall rota tied If ay part tial) (b) If usher each licensei or remit are to tmpose of lies within a fat of taeR y within 103 war serviceosof a wthinog, the ser sles ligase beer, or wire oda a seasonal a We. In the tact that property within 100 faateat-My license ar permit. feet of m established outdoor service area is ��r car laleba within Mire suer sales a (u)-(v) keened. reared to arty P (residential) We clesifia- d eraton Mall a clearly he application.m (w)(1) Wire wee ay b e-i ranainhg more tie, ash meteor service area shall be Minh shallshlll socf the if than five meant bit ort care than remitted to nitron in operation so 1 as (Itie lot also set forth and identify sweeter, percent of alantolbeg (I) the lot sal street a(2)et of et tion, of by meet it is continuously it lap , as such n,by the strews servales adjacent n the to;a(3) he saalwd to the fefritstof r anal. City Carol without lapse, k inky , or streets ad aid e thereto; private the ala'cmta�ts of fruits or other a¢ewl- rvvaatim. The City Cmetl eras' wive Leal pukets, but excldhg ay pre et (seatlai of this provision to permit wtinzel dnerrtieship use of all sl all containing aka el derived floe halt a by aeration of tie andoor service haw in tie fe cin(an- it the lactam of sanity fencing arae the cation indoor service the tllsetess s c pores flan pain, wan of lapse establishment,speMon of the It v a and o ad (5) the lathe t nof ar reta. to reseal,mohaster m f Ut ofr ea the lsirasor in the eventaand of all exits f,m the tmporury oma. a thea 2: That Chapter 5 of the fade of e sae Is of lapsemor the tubber of City eaedi aAhoi- te the City ofed lea City, lone to ad the sae d intim for the cutdare service area. (c) Wm ahmt-dry an or eu for a seasonalpli aieet by r' -ling aurtlnh 5-6ac ion to to (g) Qndoor service areas shall amply with cart farther-day license preemie tie of ti- m ified in lieu rad a a row satin to ha andR with a building, honing afire city e shall provide the pare 4ade atlress of tie reefed the sore toc red c icted i and with all other applicable state ad city ever of eadt cpm tutting pgerts as all as r 'Set. 56. flaehg restricted in waratim with lee. every oiler prtpeRY Milia is within or heiress. (h) Seating or other aaamodatlms in an cutter hatred (10g) feet of applicant's penises. (a) We,, allied. Dancing is hereby aitiwlad in service area shall rot exceed are person per The city will then ratify these peaty ors , affection with the sale of Brow, beer, or fifteen (15) spore feet of floor area by letter of tie nature of tie application at wine by the drink in establishrents having at accessible to the public. the date and titre elm it will appear m the least 150 spare feet of floor spm available (I) Arylifiel sand equipment scall be prohibited aide for apwoval by to city camel, se for daring. in autdxu service areas. Carplimce with the that these p certy ewers will have at w(b) {Rett rewired. It shall le Warfel for ay city mise omiinaxa shall to required. apnrtnity to conn on the application if license or permit holder seder this deapter to Addltioul advertising or identification they wish. allow dancing In enaction with the cperatim signage betted that permitted for the mein (d) Approval or disapproval of an ;pllattar fa a ) of soh heiress without first securing a ltwsad establis ran shall rat be permitted. seasonal or fourteen-thy license or permit pewit therefor frm the city clerk. (J) Te area or eperater of an outdoor service shall be at the discretim of/a city mail. (c) (Emit application. A verified applitatim to- area shall be reseed to observe the sae per Such disaretiei shall be emcisd with de a plait to ally dancing in amection with sauce fon acnpancy limits that apply to the regard to public health, safety at welfare the sale of Bear, beer, or wine by the drink baildltg With it abuts. The limit casideratims.' shall be filed with the city clerk and shall for each outdoor service area shal be deter- SECTION 7: That Chapter 5 of the Cab of Cdireas contain the following information: mored by the city Wlldlrg official. In the of de City of lad City, lap, be, and the sare is (1) Ile rare ard address of the applicant. wont inclement meatier rewires erly closing defy a.eid by ailing thereto the following new (2) lee location of tie place of bsiress of the aitch service arose, tie license or sectim tote cadifiei as Section 5-51, to read as oterein daring is to scar is mdncttm pewlttee shall Rt allay pahms of the follow: with tie sale of lienor, beer, or wire by oder service area to ever that Patin of 'Sec. 5-51. kgnlattes ad rewiremnts . the drink. the licensed penises Pausal in the Wawa ;pliable to te;oay ardor orrice arms ad to (3) That tie ;plicae Is a boo fide holes Wilding If to d so would result in arcading seasaal ad tartan-day waits ad lin. of a lima control license or a beer or the=parry limits Hereto as determined ty Ile sale of limo or her en a tonnay cutter wire pewit. the city Wilding official." service area, or ear a seasonal or baleen-dew (4) that the applicant censers to the eery , 'MEM 5: That Chapter 5 of ere Coe of items license or permit, shall W subject to the following of larhrs of the city police, fire, ad of the City of lee City, lee, be, at the Sate is regulations ad ramirmmts. health departments without a search barely meld by adding thereto the folly irg en (a) Terporary sales mer a seasonal or fosrtee- warrant to inspect the preidses for section to be codified as Section 5-45, to read as day license or permit ray be mdatd an a violations of this ordinance. fella); Wilding owed or leased by tie apricot a'in (5) A statmun free the thief of police, the i 'Sep, 545. Twomey adder service area a clearly designated ter orary outdoor service fire chief, ad the Wilding frespecter •eiereat in melodeon ami h a limed premises. area oral or leased by to applican. A that the pews amply with fie atm- (a) en application for remission to operate a toryoary colder service area must be located runes of tie city and Ue statutes of the teperry undo service area In crdmctlm m private property and ney rot eared,en ay state. with a licensed prance shell hs no Wm eto ay public right-of-v . (6) A Stalls sketch ad description of the foe pealed by the city. SRh a+!ppllwtion (b) A temporary addoor service area operated in creases. Such cath shall include all ray be wade at any tire. The eeplicattm call wn,rxtia,with a licensed establishnmt Mall roes a' enclosures Mid,are aerated in ialuie all tnfometim rewired to te rat be locate' on ay side of the licensed wrectim with the lima antral horse whetted with applications for beer ad leer establishment Mich fronts on a street, mless or beer or wine permit Westin to daring licenses. he applicatien shall be sntrettel (1) the building is set back a minima of 20 shall be allows( ad shall show to area i to to city clerk at least fifteen (15) days feet freer the street rift-ofeey line, (2) designated for dating and its&reales. prior to the date it is to to arse:be*Use there Is a minima of seg square feet of (7) A deck, away order, or bank draft for city condi, ad shall to acorpanial by private property Cr that side of to building tie permit fee rewired by the provisions payren of an Inspection lee as set bi'the City available ad pressed for use as an miler of this seethe. Cantil by resolution. e:proval by to city service areas, ad (3) the nide-service ate (d) Fee for dancing permit. la anal fee for a uracil of a tonDohare oat service area Is being operated In orruttlm with a dating permit shall to to the amort set by shall be by letter to the dparoet with restaurant as refined in Section 5-1. to cairn by resolution. Such fee shall be regard to the diagram, Bran sap insurance (c) lhe perimeter of temporary outdoor service prorated for fraction; of the square foot average at all other state raelneren . areas shall te double fared with snow feting reepi,arns.' lee initial permit shall be ,(b) Approval or disapproval of an wliatim err a or mnstnrctim faring rot less dm for feet valid for tie sate tine pend as applicant's tesray mtdoor service area shall he at the in afyn, with the outside fere located rot lima central license, or bee-a wire Amit, discretim of the city carcil. Std, dire- less than six feet distant fran the inside ad the cost shall be pnatei on that tads of tin shall te exertisei with de regard to fence. Faring nay be deleted at locate s tine. public Iealth, safety ad welfare wsidere- Mire the tdtorary outdoor service areas (a) Permit issace. If an application Is in the bans. adjoins a Wilding. Fire exits With are pewee fore, the city clerk shall place the 1(c) A taperer) outdoor service area Ca, be erergaty exits only shall be provided. A application m the agenda of the met regular accreted in cadortim with a licensed uni forced security officer shall te smell meeting at Mics the city carrell way establishment on rot more than tea omias in oonttromsly present at the site of a tmpa-ay by resoluttm grant a permit If this section the licensing year for that establishment, ad coerce service area if wore than are hurdled has been rmplid with. If the resolution is for rot rare than three days per oocasian. (103) persons are in attendance, at an appeared, the city reach stall issue a petit (d) A tepora7 outdoor service area shall te additional offered security officer shall to to the applicant. subject to the regulations and repiroeets Sat provided for each additional fifty (50) peas (f) Revocation of permit. In tie welt that a forth in Satter 5-51. Inspections shall be at-tiding. -- dacing permittee violates any of the provi- Dade as necessary prior to issuance of tie slums of this chapter, or chapter 123 of the approval letter to determine if the terywrary Cade of lam, the dancing permit shall te outdoor service area will canfone with said automatically revoked, ard no refund shall to regulations and requiretnts. • auk of to remit fee. (e) tnmsslm to aerate a tem:wary andmr (g) Refines. My dating permittee ea shall service area may te suspectei or revoked voluntarily anreecer a dare permit shall be pursuant to the pmcedme and for to sac entitled to a refuel for tie balance of the cause as provided in Section 5-44.' term remaining.' Weil 6: That Chapter 5 of tie Cade of Crenate eECTICh oThat Q Ci� Iso, be, and the sane is Of tl City of Ida City, Ile, te, ad Use sale is Cityof hereby mended by aiding thereto tie foliates naw hereby amid by repealing Section 5-33. section to be codified as Seethe 5-49, to read as feline: - _ _-_ _ _ _ _—_ 313 i (d) 1fra taporsy duti or nevi®na is cptned-I I in oatjectim with a flossed estabitshant, it shall he imeelately adjacent thereto and shall not be accessible unapt frau the licensed penises rhldi it adjoins. (e) Parking shall be provided for a • awe service area or for a banding"herein the sale of 11gor or beer trans oder a seasonal or fourteen-day license or permit. ' the rewired tuber of parking stalls shall be cetennirel by applying the parking ragdrnets for that are, if ary, to that use. • (f) the sale of Boer or beer under a seasonal or fanteeiday license or permit net craw in ay , principal structure Nildi does not horse a residential use, regardless of tie are in Whidi it is located ad regardless of its proximity to otter residential uses, A tmprary outdoor service area shall fe ai PQ any.are, provided thata teipo- rary outdoor service area shall rot he permitted if arty part tiermf lies within 100 feet of a residential use. (g) A building shirk is utilizes for'litter a boar - sales under a seasonal or tmporarylicehne or petit shall Imply with apprgriate building, Inning and fire codes and with all otter applicable state ad city lar, and shall be subject to inspection prior to issuance of the t license or permit and at aro tine While being cperatef under such license or peimit. (h) Seating or otter aarrmndatios in a tmpaay outdoor service area shall not exceed me , petal per fifteen (15) spare feet of area accessible to the pblic. A.trash cordate'or .trash codeine's equaling 50 gall= in,wlue, at are (1) restromytoilet facility, either paten or terporary, mut te provided mite site of the taporary andmr service arm for eadh fifty(50)pecple,eipected.to attad. (1) Ai lified soled egiiprmt nay he aerated in a taiporary cutter service area Nau imam of , a permit therefore as provided in Setim 24.4- 6 of this Code. Dancirg ray occur In a tmporary outdoor service armor in a hiildirg ahirh is utilized for liger or beer sales Icer a seasonal or tereorary licaae or permit tom issuaciz of a license therefor prsad to Section 5d of this chapter. Identification j signage shall notbe pe mittal. I(j) lie caper or operator of a'tepo ary cutdoor service arra operated in conjunction with a licensed establishat shall be required to Iobserve the t that sae per souare foot ocapercy Nadi it atidswly to tie licensed atabllshrmt occupancy limit for ear, sate tmporary outdoor service area shall to deteimlrei by tie city building official. In the event inclenet reacher requires early closing of such terporary outdoor soviet arm, the license or permittee. shall not ally patrons of the tmpaary outdoor service area to enter that potion of the licensed premises housed in the adjacent Wilding if to dr so mould result in exceeding the ocapacy limits therefor as determined by the city building official." '5EC7lRl 9: That Chapter 5 title Ceeof odinmes ,of the City of law City, loan, te, ad the sate is hereby aimed by adding thereto the following nes section to be codified as Section 5-52, to real.as i foliose: "Sec. S . Suspeoier or It".QYim cf Smail ar.Faefmi-8q License a 19ait. A seasonal or fourteen-day license or permit may be susperded or revoke pursuant to the procedure and for the sate cause as provided in Satin 544." SFCTICN 10, That Chapter 5 of the Coe of fedi- 'nares of the City of lora City, lois, be, ad the sane is hereto.evaded by irrsnporating Sections 5- 39 thrtugh 5-52 thereof into a not article, Article III, entitled "Outdoor Service.Areas and Seasonal and Furtcei Day Licenses and Pewits". 'SECTlUi 11, SEYFPA8illly mug&: If wry of the 'provisions of this Odinace are for any reason :declared illegal or void, then the la"ibl provisions I of this otinet°, Nur, are severable free said Ilawfhl provisions, shall be and renals in full force ad effect, the sate as if tie Ordinance I curtained no illegal or void provisions. 4CTl)f(1?. REPEALER: All ordinances or parts of ordinances inconflict with the provisions of this Ordinate are hereby repealed. These'are: Ordl- I name No. ZFOS, Section DI, 12/21/71. Cdinah e • lb. 72-2639, 6'N72. Ordinance No. en-3213, Salim , II, I., 11/6/84. Ordinance It. 85-3289, §2 ad§3 (Part), 6/3/86. Ordinance No.87-3333, 51,%W87. SEC1tif 13. EFFECTIVE 61TE: This Ordinate shall be in full forcea d efect from it alta its final • passage ed publication as by law provided. sed and approved this let day.of N.-ember, 1988. vv ATTEST:[ loge../ ,e A.smn/ Approved as to Fore Legal Oepartwnt 27001 November 9,1988 ORDINANCE NO. 88-3395 AN ORDINANCE AMENDING THE SIGN FECLIATICNS TO PERMIT ONE LARGE FREE-STANDING SIGN RR HIGHWAY CCMTIERCIAL PROPERTIES LOCATED NEAR INTERSTATE 80. WHEREAS, the sign regulations are intended to provide a reasonable opportunity for all sign users to display signs for identification; and WHEREAS, because of high speeds on Interstate highways and the number of travelers who are not familiar with local businesses, businesses which are near the Interstate and rely on Interstate trade require larger, more visible signage than those businesses located along highways with lesser amounts of cross-country traffic and which do not require the visibility from a long distance that high speed traffic requires; and WHEREAS, to provide fair and equitable treatment of businesses which are near the Interstate, those businesses should be allowed to have a larger free- standing sign than business3s located elsewhere. NOW, THEREFORE, BE IT RESOLVED BY THE CITY a1U IL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. That Section 36-62(c)(3)b.2. is hereby rep sled and the following is adopted in lieu thereof: Two free-standing or monument signs or one free-standing sign and one monunent sign are permitted provided that frcntara along a single lot is not less than 160 feet. The distance between two free-standing signs shall be no less than 150 feet as measured along the frontage of a single lot. For interior lots, the distance between two free-standing signs shall be no less than 150 feet. 2. That Section 36-62(c)(3)c.2.c. is hereby repealed and the following is adopted in lieu thereof: c. Sign: Free-standing. Maximum Area: Two (2) square feet per lineal foot of lot frontage, not to exceed 250 square feet or 125 square feet per sign face; EXCEPT that, in the CH-1 zone, property within 1000 feet of an Interstate highway right-of-way may have one (1) free-standing sign with a maximum sign area of 500 square feet, or 250 square feet per sign face, regardless of lot frontage. Maximum Height: 25 feet, EXCEPT that, in the CH-1 zone, property within 1000 feet of an Interstate 3�1 • highway right-of-way may have ore (1) free-standing sign with a maximun height not to exceed 65 feet. 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, 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. SECTION IV. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and .u.roved this 15th day of No/ember, 19::. 10 le ATTEST: ?A TY Q ,J t erAD Approved as to Form rep //lift Lego Department 37 It was moved by Ambrisco and seconded by Courtney 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 Vote for passage: Second Consideration 11/1/88 Vote for passage: Ayes: McDonald, Ambrisco, Balmer, Courtney, Horowitz, Larson. Nays: None. Absent: None. Date published 11/23/88 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 be waived and the ordinance be given second consideration at this time. Ayes: 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-SCUD 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. 88-3395 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of November , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 23rd day of November , 19 88 • Dated at Iowa City, Iowa, this 2nd day of December ,19 88 • C � am na Parrott, Deputy City Clerk OFFICIAL PUBLICATION ffE7ltYilE la 8B-3395 AN WOEViE MEW&IFFSTOT 1auno6 ' 10 PORT OE NY& FfdE-SWOOG 5191 IU HIOWY OJtUfIAL FATUITIES 111780NDR . INIEASTATE 80. IifREAS, tie sign rmylatian are 11Ranfaf to provide a reasonable plganMty for all sills ones to display sign for Identification:ad /p� G *MEAS, because of MO speeds m Interstate Printer's fee5/ftaa/ hilts ys and tin nate- of travelers We an rot familiar with local berm, babas thld,at rear the Interstate at rely m Interstate trade CERTIFICATE OF PUBLICATION businesses sioate along hlhi age aayswUi lethan sser STATE OF IOWA, Johnson County, ss: aunts of °vssbility traffic and istm do rot rewire the visibility froe a lag distance that THE IOWA CITY PRESS-CITIZEN hlgi speed traffic rewires;and ItfTWAS, to provide fair and ewitable treated of hustrasses Wilds are rear the Interstate, those bisiresses should te allaei to have a larger free- stardirg sign than businesses located else/Ere. ELM, TFEFFFORE, BE TT REEC U)BY 11E Lill O17LIL I' r Cf 11E CITY CF ION CITY, Ka: yt.CTIOl I. M�gt7B5 Carol Barr, being duly sworn, say that I 1. mat SaRtm 31r62(S)(3 abet1.nisiFer w m f ed am the legal clerk of the IOWA CITY Teo frthe eowing e-reading or aluua sign on are PRESS-CITIZEN, a newspaper free-stating siyl aid aE easi,nt sig, along published in said county, and that a a sinngt lot Is��less than eat n11660 feet. notice, a printed copy of which is hereto The distance team' ho free-standing sign shall be no less that 150 feet as attached, was published in said paper mooed along the frontage of a single _ time(s), on the following lot. For interior lots, the distance 6eluem ho free-stadirg sign shall to date(s): no less than 150 feet. ///�77 2. That Section 38-62(c)(3)c.2.c. is hereby 5 / �?t�i"/ il 7,1f repealed ad the folladng is adopted in lies /(/ KiC r/J_( thereof: c. 5190: Free-standing. ?War Arm: Two (2) some feet per Weal foot of lot Amfage, rot �/ to meal 250 face;feet or 125 �C.( scuare BCEPT feet per signign /f that, in the zone, property within 1000 feet of an Legal Clerk Interstate hldsay, Agit-of-my nay have ae (1) ihreestatirg sign with a maxim' sign area of 503 some Subscribed and sworn to before mefeet, '' 250, ospare feet Per sign • face, regardless of lot frontage. Minn }pid0: 25 feet, CCM that, in the CH-1 •zne, property this day of 4:2..L--_‘-----_, within woo feet of an Interstate hlgaey rigit-of-sgy may lea at (I) free-standing sign with a ;exam 87 / height rot to exceed 65 feet. 19;= c; SERIOI II. REPEALER: All ordinates srd parts of y/�p� ordinates in conflict with the provisions of this ordinate are hereby repealed. SECTION III, SEVERABILITY: If ay eectlm, prwf- Notary Public heal or ,rhos°uof the nconstitutional,shall a 4i Limn shall rot affect the validity of the OldiAxe as a ena'a SHARON STUBBS 1 shale or any section, provision a'part thereof rot all esinvalid or atmstitetimal. SEMI IV. EFTTCTIVE OM: leis Ordinate shall or„ ' to to effect after its final passage, approval and publication as rewired by lat. Passed adatter, 1 a8. this 15th day of Oleasaeme AT1tS1: ,r) t? 1e e) CITY CLOX 27267 November 211988 ORDINANCE END. s s-5 59o, ORDINANCE VACATING A PORTICN OF MADISON STREET RIGHT-OF-WAY. WHEREAS, the University of Iowa has r q.ested the City of Iowa City vacate the western 24 feet by 405 feet of Madison Street right-of-way extending between Market Street and Bloomington Street; and WHEREAS, the University requests the vacation of the west 24 feet to accommodate the construction of the new Laser Laboratory Building; and WIEREAS, Madison Street is a local street with a right-of-way width of 100 feet in which all City- owned and franchised utilities are located within the eastern 76 feet of right-of-way; and WHEREAS, the proposed vacation will still allow City-owned public utilities to be adequately maintained, including the maintenance and/or widening of street paving, and will not diminish the use of the present sidewalk on the west side of Madison Street. NOVI, THEREFORE, BE IT ORDAINED BY THE CITY COI,NCIL OF THE CITY OF INA CITY, IOWA: SECTICN I. VACATINN. That the City of Ica City hereby vacates that portion of Madison Street right- of-way legally described below: Begi nus i ng at the Southeast comer of Outlot 35 as recorded in Plat Book 2, Page 73, in the Johnson County Recorder's Office on the Westerly right- of-way line of Madison Street; thence North 00°00'00" East along the Westerly right-of-way line of Madison Street 405.00 feet to a point; thence North 90°00'00" East 24.00 feet to a point; thence South 00°00'00" West 405.00 fut to a point; thence South 90°00'00" West 24.00 feet to the point of beginning. Said parcel contains 9,720 square feet (0.22 acres, more or less). 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, provi- sion rovi- 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. 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 1 S th day of November, 1988. 38 4f Atm, sr? IIUOJ 01 SE panaddy ) 1313 A1I3 rvY (-sr. :!Saab HOA, •/ / Z aid 962E-88 'qJ axieu4W0 It was moved by Courtney and seconded by Balmer 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 Vote for passage: Second Consideration 10/18/88 Vote for passage: Ayes: Ambrisco, Balmer, Courtney, Horowitz, Larson, McDonald. Nays: None. Absent: None. Date published 11/23/88 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 be waived and the ordinance be given second consideration at this time. Ayes: McDonald, Ambrisco, Balmer, Courtney, Horowitz, Larson. Nays: None. Absent: None. 3U CITY OF IOWA CITY CIVIC 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. 88-3396 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of November , 19 88 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 23rd day of November , 19 88 Dated at Iowa City, Iowa, this2nd day of December ,1988 i,, „ ,r '7/Q,s%; •a -ona Parrott, Deputy City Clerk OFFICIAL PUBLICATION croltega hp. 88-3396 ROMICE WA$ A RERUN OF pop hunt // *WS, the Ihiversiiy 6f lava has rola he .CA Printer's fee , City of hes City vacate "ems 24 feet by 405 feet of Madison Street ,1}rt-of* ectsdii bete Motet Street-and Blnanhgta,Street&ard CERTIFICATE OF PUBLICATIONw4> : tie University recasts the vacation of the west 24 feet to jil to the¢nrinatim of STATE OF IOWA, Johnson County, ss: me new Laser'Laboratory Billeting' and iaAS, Modiste Sheet is a local street with a THE IOWA CITY PRESS-CITIZEN City- pared ad fr�lsedd util100 ities in l'aated wl ithin the eastern 76 feet of right-of-way;and MutAS, the'prtposed vacation will still allow City-weed public utilities to be mgpately naintanlai, including the eeintaace nrVm I - widaltag of Street paving, and will net diminish lie use Carol Barr, being duly sworn, say that I disco the Street.present :tdaalk m the rest side of am the legal clerk of the IOWA CITY tot,�a CPI OErE ErE ITclmI, BY Tiff rte PRESS-CITIZEN, a newspaper arftia+ l. •VACATIWM. That the City of lea City ublished in said county, and that a hereby vacates that portion of Madison Street ri t P efaay legally described calm: notice, a printed copy of which is hereto Begimirg at the Southeast Lose'of(idiot 35 as attached, was published in said paper ,ecorded in Plat Book 2, Page 73, in the Johnsen P P Canty Recorder's Office on the wksterlY right- time(s), on the following of-way 1ne of Madison Street; thane Barth 00'orm^ East alag the Westerly right-of-oy (datel/Sj: ..55 33 J nee of Bonsai Street NH.00 feet to a paint; � ofJ'/ 01J a tee ep'ohB" East 24.O0 feet to a point; thane South p0'COICO° Itt*CO feet to a paint; int of South 93620'03" least 21 co feet to the point of imirg- Said parcel contains 9,720 snare feet(0,22 acres,awe or,less)- ondrnpt 11 RFaif ERr All ordinances aid parts of Ordinate in hereby re with the pnavigare of this Brdinate are Iaonfl repealed. atterilltrelkIALSECffCfl III- SEV9yBILlly: If airy settler, Ora+- sim m part of the Ordinance shall to adjudged to Legal Clerk te invalid or unconstitutional, airs adtdicattm shall not affect the validity otie Ordinance as a reale or sly section, provision or part thereof rot Subscribed and sworn to before meinvalid or mccestitntianal. stcnJt ry EFFECTIVE Pan: This Ordinate shall be f0 effect after its final passage, apweval and pla,liratim as rewired by lr. this 1 day of�� A.D. passed end approved this 15th day.of �j November, 1988. • /j 19 ti d . QNam, llzi 8 SPC-0—"4"43-.NA Paget Notary Public ATIE51: irrLmc� J yf'�.�(-+�.s�✓ s SHARON STUBBS Vona 04. 27266 November 23,1988 ORDINANCE N0. 88-3397 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF A 16.95 ACRE PARCEL LOCATED SOUTHEAST OF HIGHWAY 1 NORTH BEREEN CL8.1(,l,E ROAD AND HICKORY HILL PARK. WHEREAS, the property described in the caption is located in an area zoned RS-5; and WHEREAS, the Comprehensive Plan for the City of Iowa City has been amended to show Office, Research and Development Center land use for the subject property; and WHEREAS, the subject parcel is located in a rugged, largely undeveloped, rural area south of I- 80 with existing development near the property, including low to medium density residential uses to the north and west and office research park develcp- ment to the east with which the subject rezoning would be compatible; and WHEREAS, because the site is accessible by a primary arterial street, Highway 1 North, the safe and efficient movement of traffic on this major traffic corridor into the City needs to be safeguarded; and WHEREAS, the applicant has agreed to male certain improvements on Highway 1 North, subject to Iowa Department of Transportation approval, to facilitate the safe and efficient movement of traffic at the proposed entrance to 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 which is attached, the property described below is hereby reclassified from its present classification of RS-5 to RDP: A tract of land in the east one-half of Section 2, Township 79 North, Range 6 West of the 5th P.M. in the City of Iowa City, Iowa, as conveyed on warranty deeds recorded in Bods 427, Page 343, and Book 146, Page 26, in Johnson County Recorder's Office more particularly described as follows: Commencing at a standard concrete monument marking the south one-quarter of said Section 2; thence N 00°00'00" E (assumed bearing for the purposes of this description only)- 2,918.93 feet along the West line of said east half as described in said deeds to a right-of- ey rail on the Southeasterly right-of-way line of Public Highway, Iowa Highway #1 (fonretly Hig Hay #261); thence N 56°43'27" E - 100.00 feet along said Southeasterly right-of-way line to a 5/8" rebar making the point of beginning; thence S 31°30'00" E - 640.00 feet to a 548" rear; theme N 56°50'00" E - 1,035.57 feet to a point; thence N 03°17'08" E - 385.66 feet to a point on a `�l Ordinance lb. 88-3397 Page 2 573.03 foot radius curve; thence Northwesterly along said curve (chord N 56'31'55" W, 361.24 feet) 367.51 feet to the point; thence S 56°43'27" W - 1,102.83 feet to the point of begiming. Said parcels contains 16.95 acres more or less. SECTION II. ZCtlING 144P. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City of Iola City, Iowa, to conform to this anen:bed upon final passage, approval and publication of this Ordinance as provided by law. SECTION III. CCtUITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sigh, and the City Clerk to attest, the Conditional Zoning Agremmt. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVER4BILITY. 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 Der ember, 1988. Is DR ATTEST: /�/o� i< £A. ) CITY `CLERK Approved as to Form r r�pLego aparbriait It was moved by Balmer and seconded by Larson 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 Vote for passage: Second Consideration 11/29/88 Vote for passage: Ayes: Horowitz, Larson, McDonald, Ambrisco, Balmer, Courtney. Nays: None. Date published 12/21/88 tkq CONDITIONAL ZONING AGREEMENT This Agreement is entered into this 13th day of .December, 1988, by and between Donald J. Gatens and Marylou Gatens, Husband and Wife, and Eugene Meade and Patricia Meade, Husband and Wife (Owners) , Press-Citizen Co. , Inc. (Developer) and City of Iowa City, Iowa (City) . RECITALS A. Owners own a tract of land located in the southwesterly quadrant of the intersection of Iowa Highway 1 and Dubuque Road, Iowa City, Johnson County, Iowa, containing approximately fifty (50) acres, hereinafter "Gatens-Meade Tract. " B. Developer entered into an agreement with Owners to purchase approximately 36.70 acres of the Gatens-Meade Tract, subject to favorable rezoning to accommodate Developers publishing facility, hereinafter "Press-Citizen Tract. " C. Developer has applied to have the northerly 16.95 acres of the Press-Citizen Tract rezoned from RS-5, Low Density Single Family Residential Zone to RDP, Research Development Park Zone, said property located in Iowa City, Johnson County, Iowa, and being legally described as: A tract of land in the E 1/2 of Section 2, T 79 N, R 6 W of the 5th P.M. in the City of Iowa City, Iowa as conveyed on warranty deeds recorded in Book 427, page 343 and Book 146, page 26 in Johnson County Recorder's Office more particularly described as follows: Commencing at a standard concrete monument marking the S 1/4 of said Section 2 ; thence N 0°00' 00" E (assumed bearing for the purposes of this description only) - 2918.93 feet along the West line of the said E 1/2 as described in said deeds to a right-of-way rail on the Southeasterly right-of-way line of Public Highway, Iowa Hwy #1 (formerly Hwy #261) ; thence N 56°43 '27" E - 100. 00 feet along said Southeasterly right-of-way line to a 5/8" rebar marking the point of beginning; thence S 31°30 ' 00" E - 640. 00 feet to a 5/8" rebar; thence N 56°50' 00" E - 1, 035.57 feet to a point; thence N 03 °17 '08" E - 385.66 feet to a point on a 573 . 00-foot radius curve; thence Northwesterly along said curve (chord N 56°31 '55" W, 361.24 feet) 367 .51 feet to the point; thence S 56°43 '27" W- 1,102 .83 feet to the point of beginning. Said parcel contains 16. 95 acres more or less and is subject to easements of record. ft Said tract will hereinafter be referred to as the "Proposed RDP Tract. " D. The City's 1978 Comprehensive Plan as modified by the 1983 Comprehensive Plan Update (together, the "Comprehensive Plan") sets forth the City's policies for land use and development. E. The proposed RDP Tract in the 1978 Comprehensive Plan was designated ORP, Office and Research Park Zone, and in the 1983 modification, was designated Residential: Two-to-Eight Dwelling Units per Acre F. City adopted the RDP Zone classification to incorporate into the orderly development of City property on a request-by- request basis certain limited businesses like printing facilities, conditioned on the approval of development standards which would achieve high quality development that would be compatible with natural and man-made surroundings. G. The proximate location of the proposed RDP Tract to the interstate system, its accessibility from a primary arterial highway, its rugged terrain and environmental factors, the ability of the City to have input into conceptual plans and standards, which would provide a positive image for City along this major arterial entryway into Iowa City, Iowa, all make the proposed RDP Tract attractive and suitable for RDP zoning. H. After due deliberation, the Iowa City Planning and Zoning Commission recommended that the Comprehensive Plan be amended to change the classification of the proposed RDP Tract from Residential: Two-to-Eight Dwelling Units per Acre to Office, Research and Development Center. I. After due deliberation, the Iowa City Planning and Zoning Commission further recommended that the proposed RDP Tract be rezoned from RS-5, Low Density Single Family Residential Zone to RDP, Research Development Park Zone conditioned upon: a. The City Council approving Iowa City Planning and Zoning Commission ' s recommendation to amend the 1983 Comprehensive Plan and change the Land Use Classification of the proposed RDP Tract from Residential: Two-to-Eight Dwelling Units per Acre to Office, Research and Development Center. b. The site being developed in accordance with: the Iowa City Press-Citizen Development Standards and Conceptual Master Plan approved by the Iowa City Planning and Zoning Commission. c. Submission and approval of a grading and erosion control plan prior to any site preparation work. 2 `]) d. Submission of a legal description and deed for a 40-foot dedication of any interest Owners or Developer may have in the right-of-way on Dubuque Road. J. Developer is willing to accept the conditions attached to the Iowa City Planning and Zoning Commission's recommended rezoning of the proposed RDP Tract. NOW, THEREFORE, the parties agree as follows: 1. Developer agrees that the site and its printing facility will be developed substantially in accordance with: a. Iowa City Press-Citizen Development Standards dated October 24, 1988 with revised page nine (9) dated November 2, 1988 . b. Conceptual Master Plan including Signage Plan dated October 5, 1988. c. Site-Section Plan dated November 3, 1988. d. Building Elevation Plan dated August 31, 1988. e. Perspective dated August 31, 1988. f. Concept Plan for Driveway Entrance dated November 3, 1988 . Copies of Items 1 (a) - 1(f) are on file at the office of the City Clerk of Iowa City. It is understood that items 1(b) through 1(f) above are conceptual only and Developer may from time to time submit changes in actual design, layout, etc. to the City for review as the actual architectural and construction plans are drawn and rendered for this project. 2. Prior to the issuance of a Building Permit for the proposed RDP Tract, Developer shall file its site, architectural building design and construction plans showing substantial compliance with the standards and conceptual conditions set forth in Paragraph 1. 3 . Developer agrees that it will at its cost, obtain the necessary approval and: a. Establish a 160-foot taper, including the radius, on the east side of Highway 1 North to facilitate right- turn movements into its proposed site. 3 7.4 b. Regrade and improve a portion of the west right-of-way of Highway 1 North, directly across from the proposed site to establish a 4: 1 side slope with a three-foot crushed rock shoulder for the purpose of removing the warrant for and the existing cable guard rail. 4 . Prior to site preparation work, Developer agrees to submit and obtain City approval of a grading and erosion control plan for the site. 5. Developer agrees to grant City an easement as shown on the conceptual Master Plan to the proposed RDP Tract for the purpose of allowing City or some other person authorized by the City to construct and thereafter maintain and repair an extension of the City's sewer system. 6. Developer agrees to convey to City a deed for a 40-foot dedication of right-of-way on Dubuque Road along the boundary of the proposed RDP Tract and Dubuque Road. 7. Developer agrees that the conditions being attached to its rezoning requests are reasonable and are being imposed to satisfy the requirements of the RDP Zone and public needs directly caused by the requested change. 8. It is understood and agreed by and between the parties that nothing herein contained, nor shall the entering into this Agreement be deemed to constitute in any way a waiver of any of the ordinances, rules, regulations or specifications of the City, and the Developer hereby agrees to comply with all ordinances, rules, regulations and specifications of the City, and all of the laws of the State of Iowa. 9. Since this Agreement is being incorporated into the ordinance rezoning the RDP Tract, any violation of the Agreement shall constitute a violation of the City zoning ordinance. 10. This Agreement shall be a covenant running with the land and shall be binding upon the successors and assigns of the parties hereto. 11. This Agreement shall be null and void if the City does not rezone the proposed RDP Tract by on or before January 11, 1989 . 4 2‘) IN WITNESS WHEREOF, the parties have signed and executed this Agreement on the date first above written. PRESS-CITIZEN CO. , INC. 0-dra� -52-77-ea-C2 B . • .S-Iv----- DONALD S-Iz�DONALD J. GA NS MARY P. , IER, 6= Presi'ie'n and Publisher l) - ,, I--L' tjc .e.,_,_._ MARY A4ENS - _. CITY OF IOWA CITY EUGEn. MEADE BY: PATRICIA MEADE OHN McDONALD, Mayor A TEST: ? � A x AN K. KARR, City Clerk STATE OF IOWA SS JOHNSON COUNTY On this /0 day of November, 1988, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Donald J. Gatens and Marylou Gatens, Husband and Wife, and Eugene Meade and Patricia Meade, husband and wife, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. WA/2/4Q % .�,� Notary lic in and for the State of Iowa 5 Tel STATE OF IOWA SS JOHNSON COUNTY On this /511 day of November, 1988, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mary P. Stier, to me personally known, who being by me duly sworn, did say that she is the President and Publisher respectively, of the Corporation executing the within and foregoing instrument; that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Mary P. Stier, as President and Publisher, acknowledges the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by e , voluntarily executed. 11111r :::) AV Not- Public end for the State of Iowa STATE OF IOWA SS JOHNSON COUNTY On this 13th day of December, 1988, before me, the undersigned, a Notary Public in and for said State, 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 said municipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation; and that the said 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. oma ) � Notary Public in and for the State of Iowa 6 �9 CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CC0 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. 88-3397 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 13th day of December , 1988 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on thezlst day of December , 1988 Dated at Iowa City, Iowa, this 3rd day of January ,19 89 'amine Parrott, Deputy City Clerk encc, 00 - ------ - 1 y '- 1 / 47 OFFICIAL PUBLICATION . UOINZICE.O. 88-3397 ' • M OOPNVCE A4f1OIFG TIE Min OOINACE BY I' CIWGItrr THE USE pFntATIOG CfA 16.95/OE.PAOLEL f • ,, LOCATED SOHIFAST Cf HIOIAY Holm nal ringrI • FON)RD HICKORY HILL RNE. located in*INAS, the anarta zani ;Meritedy in the mem is • I kw City has been medthe dedive Pim for tte to sad Office, Research at Coveloaret Center lard use for the abject' pge'ty; at I 11aM, tie.•wgle:t parcel is Mated in a I egged largely'+developed, neral area south of I-. PO with*existing detelgret rear the including la to ream density residential uses to the math at vest and office resr$th perk danlcp- rat.to tie east with Midi the sbiect naming mold be compatible;ad REELS, because the site is accessible by a ; prina,y arterial street, Hippy 1 North, thesafe. ad efficient menet of traffic at this War �ry/�/ traffic corridor into the City reeds to he Printer's fee 6L/Zf27 safeguarded;aid WE1&AS, the aelicai has agreed to Se stain • inpromnts m Milroy 1 Nark, Mal to'Toa CERTIFICATE OF PUBLICATION , uparbmt of Transportation approval, to Militate STATE OF IOWA, Johnson County, ss: to safe ad entrance to the site. reverent of traffic at the proposed S efficient to the site. THE IOWA CITY PRESS-CITIZEN Fes• 1111EaE, BE IT °G41un 111E cm CCUGNL 611E Cm OF 1061cm, IOc,li61T:,. — SECTICH I. nips MOW. Went to: tai tars midtermsand'midterms of the fatidltiaal ]ming Agree vat •• Midi is sed, the property.described tela is hereby reclassified free its preset classification of RS-5 to ECP: I, A tract of IS in the east me-half of Section Carol Barr, being duly sworn, say that I 2• Mashie 79 Nash, age 61bt of the 5th P.N. in Ile city of fore City, lea,az creme am the legal clerk of the, IOWA CITY m warranty deeds recorded in Ihok 427, PRESS•CITIZEN, a news a err and Book 146' Page 26, id Johnsen County, P P recorder's Office Dore particularly deserted as published in said county, and that a twos: • fvmmdrg at a sradad comets notice, a printed copy of which is hereto cementmarking the 501n' "made* of said Section 2; tare N 80.80.80" E(assured hanirg I attached, was published in said paper for to reposes of this description mly)- ' 2;918:93 feet along the Nest lire.of said east time(s), on the following half as&sribei in said mak,to aryAafaey I date(s): rail m the Southeasterly right-of-way lire of Rblic Hlghpy, lee Hlghey el (Mealy Richey 4,.,,,,,i,,, ,,2/ /yt� sail); UmmtN 56'U•D" E- 100.80 tent along said a king N 56 int of pry lire feet a y8' , / rtbv laking tie point of ho7lmitg: [tree S I 31'3010 E - 610.00 feet to a 4'B° rale; there , N 56.50'00° E 1.036.57 feet.Toa point:taence ' N 073.0 f E - uDe feet to a pint al a ala 00 air.radius erase: theles Northeasterly 361.24 feat said6ruse (dud N 56feint; ti 361.2fe4 , Legal.Clerk 5643)'2 U- 11 02.8 frit paint; point f te9lming. Said parcels =taus 16.95 ayes Subscribed and sworn to before me SFCTIOI or less. can. lie B ildim Inspector is hereby o tie City of directed to dugs Ue Tmirg --f{ tap of the City of Ione City, lee, to conform to thisfx� a of b ��, A.D. - this memmt rpm final pass, approval and Y publication of this,Odimme as prodded by lav: SECTIOi III: _OREaChI authorized t d1i OU5 o si the pp lkimr is haAar attest ad Qirecmd to sigh ad, 19� 2_ the City [1 to attest, the Urethral a1 7mi g, ,�//�J um. All adioms ad parts of n ' w/�, ordinances 1n.conflict with tie prwlslars•of this � "__ -` , Ordinance am he sty repealed. Notary Public athenpet tof thSVfwelwLralmyLitt*ldRtom 1 1 invalid a Ii stihittaal,.atm adjaii Tai 91d1 oar ' _ SHARON STUSBS .. r'ot,affect the validity of the Ordirt t as a let or dry section, provide; or part thereof rot adjudged invalid or=institutional, SECTICU VI. EFFECTIVE MIT. This Ordinance shall .^ . __.-. ,. te.1n effect after its final passage, apaaal and p'bPassed az rapippne d law. Passed, 1 amraed this 13th day of ' December, 1988 • • • •ATTES , T: Acthar ,e. 'Yr.,...)t Tlfa( pianned as to Fes ' coNnITIOMIIL EDMIlG.AGREEMENT This Agreement is entered into this 13th day of December, 1988, by and between Donald J. Gatens and Marylou Catena, Husband and wife, and Eugene Meade and,Patricia Meade, Husband and Wife (Owners), Press-Citizen Co., .Inc. (Developer) and City of Iowa City, Iowa (City). ,- RECITALS A. Owners own a tract of land locatectinjhe southwesterly quadrant of the intersection of sew Highway 1 altd.1GnAque,.Road, - Iowa City, Johnson County, Iowa, containing .approx114R.11y fifty (50) acres, hereinafter "Gatens-Heade Tract." B. Developer entered into an agreement witbotOvners to purchase approximately 36.70 acres of the Gatens-Heade. Tract, subject to favorable rezoning to, accommodate Developers publishing' facility, hereinafter "Press-Citizen Tract.• C. Developers has applied to have the northerly 16.95 acres of the Press-Citizen Tract rezoned from RS-5, Low DensitySingle 'Family Residential Zone to RDP, Research Development. Pela. zone, , said property located in. Iowa City,. Johnson County, Iowa, and being legally described as: - A tract of land in the E1/2 of Section 2, T. 79 N, R 6 W of the 5th P.M. in the City of Iowa City, Iowa as .conveyed on warranty deeds. recorded in Book 427, pdge 343 and Book 146, ,page 26 in. Johnson County Recorder's Office. more particularly described•es follows: commencing at a standard concrete monument marking the B 1/4 of said Section 2; thence 1- 0'00'00" E (assumedbearing for the purposes of this description, only) 2918.93 feet. , along the West line'of the said E 1/2 as described :in said deeds to a right-of-way rail on the Southeasterly right-of-way line otPublic Highway, Iowa Hwy #1 (formerly 'Hwy #261)4 thence N 50'43'.27" 1 - 100:00feet along said Southeasterly right-of-way line to a,5/8" rebar marking the point of beginning; thence S 31'.30'00" E - 640:00 feet to a .5/8" raker;: thence :N 56.50'.00" E - 1,.035.57 feet to •a point; thence. N 03'17'08" E - 385.66. feet to a point op, a 573.00=foot radius curve; thence Northwesterly along said curve (chord N 56'31'55" M, 361.24 feet) 367.51 feet to the point; ''thence S 56'431027" W-. 1,102.83 feet to the point of beginning. Said parcel contains 16.95 :acres more or less and is subject to. easements of record. ' Said tract willhereinafter be referred to- es the "Proposed RDP Tract." " D. . The City's 1978 Comprehensive Plan as modified,by the 1983 Comprehensive Plan Update (together, the "Comprehensive Plan") ; sets forth the City's policies for land use and development. E. The proposed RDP Treat in the 1978 Comprehensive, Plan was designated' ORP, Office and Research Park Zone,. and in the 1983 modification;. wasdesignated Residential: Two-to-Eight Dwelling Units pet Acre P. City adopted the RDP Zone classification to incorporate into the orderly development of City property on a request-by- request basis certain limited businesses like printing facilities, conditioned' on the approval of development standards which would achieve high quality development that would ba. compatible with natural and man-made surroundings. 0., The Proximate location Of the proposed RDP_Tract to the interstate system, its accessibility from a primary arterial highway, itsrugged terrain andenvironmental factors, the ability of the City to. have input into conceptual plans and, • standards, which would provide a positive .image for City along this !ajar arterial entryway into Iowa City, Iowa, all make the proposed RDP Tract attractiveand suitable.for PDP .zoning. H. After due deliberation, the Iowa City Planning and Zoning Commission recommended that the Comprehensive Plan be ' amended to change the classification of the proposed RDP Tract • from Residential: Two-to-Eight Dwelling Units per .Acre to Office, Research and-Development, Center. . • , I. After due deliberation, the Iowa City .Planning. and "Zoning Commission further recomMended that the proposed RDP-Tract be rezoned from RB-S, Low Density Single 'Family Residential Zona to RDP, Research Development Park Zone conditioned upon: a. • The City Council approving Iowa City Planning and Zoning Commission's recommendation to amend the 1983 Comprehensive Plan and change the Land, Use, Classification of the proposed RDP Tract. from Residential Two-to-Eight Dwelling Units ' per Acre to Office, Research and Development Center. b. The site beingdeveloped in accordance with: the Iowa City Press-Citizen Development Standards and Conceptual Master Plan approved by the Iowa City Planning, and Zoning , Commission. - c, Submission and approval of a grading and erosion ' control plan priottto:any site preparation work; f OFFICIAL PUBLICATION OFFICIAL PUBLICATION d.: Submission ofa, legal description and deed for .a - .40-foot. dedication of any interest Owners or Developer may have inthe right-of-way on Dubuque. Road. a.. Developer is willing to accept the conditions attached to the Iowa City Planning and Zoning Commission's (recommended , rezoning of the proposed RDP Tract. NOW, THEREFORE, the parties agreeae follows: 1.. ` Developer agrees thatthe site and its printing'=, facility will be developed,:substantially in accordance with: a. Iowa city Press-Citizen Development Standards dated October'24, 1988 with revised page nine (9) dated November?.', 2, 1988. b. Conceptual Master Plan including Signage.Plan, dated October 5, 1988. c. Site-Section Plan dated November 3, 1988. . d. Building Elevation Plan dated August. 31, 1988. e.. Perspective dated August 31, 1988. f. Concept Plan for Driveway Entrance dated ' November 3,. 1988.. I Copies of Items 1(a) - 1(f) are on 'file at the office of the City Clerk of Iowa City. It is understood that items 1(b) through 1(f). above are conceptual only and Developer may fro* time to; time submit changes in actual design, layout, etc., to the City /Or review as.- the actual architectural and construction plans are drawn and, rendered for this project. 2. Prior to the issuance of a .Building Permit for the_ proposed RDP Tract, Developer shall file its site, architectural building design and construction plans showing Substantial - conpliance with the standards and conceptualconditions set forth in.Paragraph 1. ' 3. Developer agrees that it will, atits cost, obtain . the necessary approval and: a. Establish a .160-foot taper, including the. radius, on the east side of Highway 1 North to facilitate right- turn movements into its proposed site. b. Regrado and improve a! portion of the west right-of-way of. Highway 1 North,• directly across from the _proposed cite to establish a 4:1 side slope with a, three-foot crushed rock shpulder for the purpose of removing the warrant for and the existing cable guard rail'. 71 4. Prior to site preparation. work,. Developer agrees;; tosubmit and obtain. City approval of a grading and erosion= ' control plan for the site. 5. Developer agrees to grant City .an easement. as--, shown on the conceptual Master Plan to the proposed.RDP Tract .for ', the purpose of allowing. City or someother person authorized by the City to construct and thereafter maintain. 'and repair an extension of the City'ssewer system.. , 6. Developer agrees to convey to. City a deed for a= 40-foot dedication of right-of-way on Dubuque Road along the- ' boundary Of the. proposed RDP Tract and Dubuque. Road.' 7. Developer agrees- that the conditions being attached to its rezoning requests .are. reasonable and are. being ' , imposed to satisfy the. requirements of the ADP Zone and public.• needs directly caused by the requested. change. 8. It is understood and agreed by and between the - ,.parties that nothing herein contained, nor shall the entering into this Agreement be deemed toconstitute in any way a waiver ' of any of the ordinances, rules, :regulations or specifications of- the city, and' the Developer hereby agrees to comply with all ordinances, rules, regulations and specifications, of the City,'_ and all of the laws of:theState of Iowa. 9. Since this Agreement in being incorporated into :the ordinance rezoning the RDP Treat, any violation of the . Agreementshall constitute a violation of the City zoning 'ordinance. 10. Thio :Agreement shall be a covenantrunning with ' the land and shall be binding upon the successors and assigns of ' the parties hereto. . 11. This Agreement shall be null and void if the City ' does not ,rezone the proposed RDP Tract by on or before January 11, 1989. IN. WITNESS WHEREOF, the parties have signed and executed ,this Agreement on the date first above written. _ I 41f 44 PRESS-CITIZEN CO., INC. - I • 'DONALD J. GASM a/ wry ✓✓✓✓✓✓//////////// •MARY IER, Presideh and Publisher ;MARY MENS EUGEWS 'MEAD nit-teat CITY, OF IOWA CITY V: PATRICIA MEADE 5 ONN McDONALD, Mayor e EST: • X EH-& IC, City clerk• .. STATE OF IOWA ,%+_,•. SS . 'JOHNSON':COUNTY 'y" On this /a- day of November, .1988, before me, the undersigned, a Notary Public in and for the stere of. Iowa, ;personally appeared Donald J. Gatens and Marylou Gatens, Husband and Wifa,. and Eugene Meade and Patricia Meade, husband and wife, - to me known to be the persons named in. and .who executed the •foregoinginstrument, and acknowledged that they executed the' Isamu astheir voluntary act and deed. a2 �y�O . A ND Notar4ub1ffinand for the - State of Iowa ' STATE OF IOWA SS JOHNSON COUNTY r ' • On this fir day of November,. 1988,. before me, the i undersigned,. a. Notary Public in and for the State of Iowa,,. , personally appeared Mary P. Stier, to me personally known, Who being by me duly sworn, did say thatshe is the President and. Publisher respectively, of. the Corporationexecuting the within- ' and foregoing instrument; that no seal has. been procured by the- I corporation; that said instrument, was signed en behalf of the 1 corporation by authority of ito Board. of Directors; and that Mary- P. Stier, as President and Publisher, acknowledges the execution; 1 of the foregoing instrument to be the voluntary act. and deed of: ' ' the corporation, by it and by h., voluntarily executed. 1 ! /. , ` . No - Publ c-'Need for 7 e-i . State of Iowa - = ` STATE' OF IOWA - - SS ' JOHNSON'COUNTY 1• . ' On this -13th day of —Demmber, 1988,. before me, the • Undersigned,' is-Notary Public. in and for said sthte, personally appeared John McDonald and Meilen. H. Karr!, to me personally . known, Who, being-19T me duly sworn, did say that they are this Mayor and .City Clerk, respectively, of said municipal corporation , executing: the within and foregoing instrument: that the. sel ' ,affixed hereto. is the seal of said municipal corporation; that i said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation; and that the said John. McDonald and Marian.A. Marr , acknowledged the execution of said instrument to be:the voluntary ) ; act and deed of,said municipal corporation, by it and by them voluntarily executed. - - riq'I Notary Ct R NotaryFubl c n an for the . State of Iowa 28879 December 21:1988., 11. CRDINANCE NO. 88-3398 ORDINANCE VACATING LOOS STREET, AN UNIM4thED R1a1r- OF-WAY EXTENDING BETWEEN BLACK SPRINGS CIRCLE AND ROCKY SHORE DRIVE. WHEREAS, the 50-foot right-of-way for Loos Street has not been inproved since the tine of its platting in approximately 1911; and WHEREAS, the heavily wooded and steep right-of- way serves as an overland drainageway for five abutting residential properties and Black Springs Circle; and WHEREAS, vacation of the right-of-way will not affect access to abutting properties; and WHEREAS, abutting properties have amens to Rxiy Shore Drive via Dill Street, one-lot depth to the south; and WHEREAS, no public utilities would be disturbed by the vacation provided a sanitary sewer easement is retained at the time of disposition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, ICWA: SECTICN I. VACATION. That the City of Inva City hereby vacates the 50-foot wide right-of-way of Laos Street as platted in Chautagua Heights Subdivision and recorded in Plat Book 1, Page 148. • 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 shall be aiju god 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 13th day of Dec mber, 1988. QQ ✓/ OR ATTEST: , CI LER( Approved as to Form Lega1 Depa o :8�8d 40 It was moved by Horowitz 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 11/15/88 Vote for passage: Ayes: Balmer, Courtney, Horowitz, Larson, McDonald, Ambrisco. Nays: None. Absent: None. Second Consideration 11/29/88 Vote for passage: Ayes: Larson, McDonald, Ambrisco, Balmer, Courtney, Horowitz. Nays: None. Date published 12/21/88 CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CC0 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. gR-w)R which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 13th day of m ramhar , 1988 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 21st day of December , 19 R8 Dated at Iowa City, Iowa, this ';rd day of January ,19 89 c`fyj w er/ `Ya. am na Parrott, Deputy City CriFIZ OFFICIAL.PUBLICATION Printer's fee ,c— $ - • anaWLE In. SC1/43399.. CERTIFICATE OF PUBLICATION OWNNCE vaclruc LOOS MEET, PN wmlam MU- OF-NAY County, ss: EXlnnll0 rural augtsal[Ns nec¢ ,!Ip THE IOWA CITY PRESS-CITIZEN IMREAs the 50aot Hght-of+at'-for Lae 9heett -- has not teen improved sires tie tine of its o Sitg in appnAinetely 1911;and -SWIM, the heavily tweet and steep right-of- iay.mrves as an overland draina9aay for five etlittirg residential prmerties aM Black Springs Circle;and Carol-Barr, being duly sworn; say that I AREAS, motion of the Hgld-of4er will net , am the legal clerk of the IOWA CITY affect s uttingto abutting rhesPrePe ,ave acd -W6�AS, ahrttirg properties have access to aldry PRESS-CITIZEN, a newspaper Shore Brice via Bill Street, ane-latdepth to the south;and published in said county, and that a NmtEAs, ro public,utilities wild ie disturbed notice, a printed copyof which is hereto is`ihatedattheon tired asamrary sd�easeiad ;s the Mated at the tine of d;spotar; strain attached, was published in said paper KW, 1113EraaE, BE IT anuta F,aww cm -EMIL OF llf cm OF ICNA cm, IoW: i•- time(s), on the following SCUM l VA acates De 50-foot ids N ;atdy of�Jyae City date(s): of Inas Street as platted in Onutapw Heights Subdivision Jeiy24tic-.5/e /9ft aM in Plat Pack 1, Pane 148. SECTICN ION II,II. idAll itvnws and parts of ordinances'a hereby conflict with the provisions of this Ordinance are hem SE riled. provisior. SofL i If any mxn aim, - totprovision or part nc the tutinarl, 9u11 rd toll eaff or he validity cal, such shall nut affect the validity of the Orli a YMIe ed cry satin,;constitutional or part t7 of ayuS,fd�tarvalid or mmnstituCimal. Legal Clerk M_ rv. 1 vat Ibis Ordinarcq shall te to eRectEfafte its final pac' , approval aM publication as required by let Subscribed and sworn to before me Passed and awroved this 13th day of thisa day of d, A.D. al' 9 'A./Coe • kPuvadas tri'Fmp Notary Public p'� t • Legat rUt' r � n inSHARON STUBBS 28881 December 21,1988 • ( ORDINANCE N0. 88-3399 AN ORDINANCE Pi'BOING CHAPTER 36 TO PER'IIT USES ACCESSORY TO MANUFACTURING IN CCM+ERCIAL ZONES. WHEREAS, the Commercial Intensive (CI-1) zone was amended to permit certain size and type of manufacturing; and WHEREAS, typically manufacturing uses have accessory uses such as parking, warehousing or offices; and WHEREAS, through inadvertence the Zoning Code as presently worded would not permit manufacturing uses in the CI-1 zone to have accessory uses; and WHEREAS, it is in the interest of the City to permit manufacturing uses in ccnnercial zones, where manufacturing is permitted, to have accessory uses. NON, THEREFORE, BE IT MADE BY 11E CITY OF IOWA CITY: SECTICN I. PhETU'EM. That Section 36-56(d)(2) of the Iowa City Nlmicipal Code be amended by deleting said section and inserting in lieu thereof: (2) For camercial or manufacturing uses there may be any accessory use provided that: a. Except in the CI-1 zone, the floor area for storage and warehousing shall not exceed 40 percent of the total floor area. b. Fences are erected according to Section 36-64. c. Off-street parking and loading are provided according to Sections 36-58 and 36-59. d. Signs are erected according to Section 36-60. e. A camtmication tower's distance from an R zone shall be at least equal to the height of the tower. SECTION II. 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 whale or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTICN III. EFFECTIVE DATE: This Ordinance shall be in effect after its final paccarp, approval and publication as required by law. 41 Ordinance It. 88-3399 Page 2 Passed and approved this 13th day of December, 1988. MAY ATTEST: / (a t) 91 91a r n CITY CLEW Approved as to Farm Leggcr I 0 / /1Y Depa ht 4 [ It was moved by Horowitz 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 First Consideration 11/15/88 Vote for passage: Ayes: Larson, McDonald, Ambrisco, Balmer, Courtney, Horowitz. Nays: None. Absent: None. Second Consideration 11/29/88 Vote for passage: Ayes: McDonald, Ambrisco, Balmer, Courtney, Horowitz, Larson. Nays: None. Date published 12/21/88 141 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. 88-3399 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 13th day Of nprpmhar , 19 gR , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 21st day of December , 19 88 Dated at Iowa City, Iowa, this 3rd day of January ,19Rg . .eb,0 ,:fchZsC/ Q/G 'a •na Parrott, Deputy City Clerk OFFICIAL PUBLICATION OOIBRCE 10. 88-3399 ORPEWIT AFS AMISCRY TO EMS. *INAS,'.Ge Canercial Intensive(CI-1)zone was // ba graded te pemrit terrain size aM type of Printer's fee$ nen facto,- d .:a NEAFAS,_.typically nenufacturirglt hate accessory gots as parking, ve lrg or CERTIFICATE OF PUBLICATION offices:ares iFEAEAS, them inadvertence the Zoning fnde az STATE OF IOWA, Johnson County, ss: presently wraed.muld not perndt manufactiring traN n THE IOWA CITY PRESS-CITIZEN the CI-1 see to hue accessory uses' Noit n , fa is g the interest m Of the rto e pewit turingctts ,n vrcicr 'Were neha, i rmor is 8Epermitted, to have 11E CP CC la w, immoral, E IT amain BYnE cm hal utt: �p St1.lIa I. FWEWUUF. That Satin:A1)(2) I, of the Io a city tmicipal Cade be ara�d by Carol Barr, being duly sworn, say that I deletirg'said section and inserting in lion eof: (2) ,Mr mrercial or jiawfact nirq mediae am the legal clerk of the IOWA CITY i*be any accessory use pnavidedt at: PRESS-CITIZEN, a newspaper • a. area for storagethe CI-1 and warehousing published in said county, and that a shall not exp ao perces of the total floor area. notice, a printed copy of which is hereto b. Fences are erected rnding to attached, was published in said paper Section parking. timeisi, on the following e. off street ordingaSrng are provided according to Sections 36-58 ad 36-59. date(s): • d. . Signs are •emcee/ according to Section 36-60. /0,�7A. /�� OG e. A cR zone shill tae-'s distmce frail i/ ,f cm2///nOO an R zone shall he aCdeast equal to the Might of the bier. SECIICN II. SEVER/GRIMi If afar satin, prwi- size or part of the Ordinate shall O M adjudged to M invalid or nrthe validity of inanceaasa shall not affect sec the validity of rt ihereo az a chole ed any section,or , Provision or part thereof not adjudged invalid or ucrostitutieial. Legal Clerk Ordinance shall beq inleffect afterVits II. EFFECTIE �final tsar yeaal and publication as required bylarr. h i 1: Subscribed and sworn to before me this - "'21'ay of 1'`1 �, A.D. gidinar�ce No. 88-3399y 9. I.' Page 2 1t' C 19 e, Passed ad approved this 13th dati of V' December, 19y�8�8. A A ac Notary Public /6, "" SHARON STUBBS , eAl1ESI' ///e.,....J a�t- Ppprened Wen ,.:r Dena t 28883 December 11,1988