The URL can be used to link to this page

Home My WebLink About1974-11-07 OrdinanceAN ORDINANCE VACATING A PORTION OF SOUTH CAPITOL STREET, BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: Section 1. That the street in Iowa City, Iowa, hereinafter described be and the same is hereby vacated: The 10' immediately south of the Burlington Street right-of- way on South Capitol Street between Burlington Street and Court Street. (For implementation of R-14 Urban Renewal Plan) Section 2. This Ordinance shall be in full force and effect when published by lay. It was moved by RrnnAf- and seconded by navidgen that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt ,x_ Czarnecki x— Davidsen x_ deProsse .x_ White X Passed and approved this 12th day of November_, 15V4. ATTEST: First Reading 77,v - Second o -Second Reading Third Reading _ 1-:1 ?_7d Lp. - 3 74-2743. ORDINANCE INAN CE NO. AN ORDINANCE VACATING A PORTION OF SOUTH CAPITOL STREET, BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: Section 1. That the street in Iowa City, Iowa, hereinafter described be and the same is hereby vacated: The 10' immediately south of the Burlington Street right-of- way on South Capitol Street between Burlington Street and Court Street. (For implementation of R-14 Urban Renewal Plan) Section 2. This Ordinance shall be in full force and effect when published by lay. It was moved by RrnnAf- and seconded by navidgen that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt ,x_ Czarnecki x— Davidsen x_ deProsse .x_ White X Passed and approved this 12th day of November_, 15V4. ATTEST: First Reading 77,v - Second o -Second Reading Third Reading _ 1-:1 ?_7d Lp. The Honorable Mayor and City Council of Iowa City Civic Center Iowa City, Iowa 52240 Re: Ordinance to Rezone "Old" Elks Country Club Property Mayor and Council Members: Recently you requested a report from me on the implications, if any, of the Amerex case on the application by Miriam J. Young to rezone the old Elks Country Club property from R -1-A. to R-3. In my opinion the Amerex casedoes not limit your options in connection with the Elks Country Club property and you are free to treat the question of rezoning as your judgment dictates. The Elks Country Club property was a part of a 1965 annexation along with the Amerex property and other property. It was therefore taken into the Cityand zoned R -1-A without a public hearing. However, if you will recall, earlier this=year a public hearing was held on the zoning of the Elks` Country Club property ,at which time you reaffirmed the R -1-A zoning category. It therefore seems to me that any argument that the R -1-A category is void for lack of public hearing is without merit. Another potential argument favoring zoning of the property R-3 would be, as I understand it, that the owner made certain improvements and alterations in the property in reliance on previous county zoning. However, due to the considerably different factual background involved here I do not think that the Amerex case would be controlling on that point. Also I believe Ghat this case is sufficiently different from the Vivian Smith case so that it would also not be controlling of Council decision in this matter. To summarize, I.believe that the Council is free to follow your own judgment as to the most reasonable and appropriate zoning category for this property without being limited by the Amerex or Smith cases. Respec JWH:vb FO L E 0 NOV 81974 ABBIE S70LFUS CITY CLERK BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this Ordinance is to correct an error in the codification of Ordinance No. 73-2683. Said Ordinance was codified as Chapter 8.12 of the Municipal Code of the City of Iowa City, Iowa, which is contrary to its stated intent and purpose. SECTION Ii. AMENDMENT. Ordinance No. 73-2683 (Chapter 8.12) is hereby incorporated into the Zoning Code of the City of Iowa City, Iowa, (Chapter 8.10). SECTION III. REPEALER. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SAVINGS CLAUSE. In the event any section, provision or part of this Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of this 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. It was moved by White and seconded by deProsse that the Ordinance as read be adopted, and upon roll call there were: AYES: —�L ® X_ NAYS: ABSENT: Brandt Czarnecki Davidsen deProsse White MAYOR ATTEST: _ .. CITY CLERK 1st Reading 2nd Reading i 1.9 '4 7 G T n 3rd Reading Passed and approved this 12th day of November 74 19 November 6, 1974 The Honorable Mayor and City Council of Iowa City Civic Center Iowa City, Iowa 52240 Re: Mandatory Park Dedication and Comprehensive Planning Mayor and Council Members: At your request I have reviewed the existing City plans including the 1970 amended Burke report and also the existing regional plans to determine whether or not those plans would be sufficient upon which to base an ordinance for mandatory dedication of park lands. In my opinion the existing City plans are not sufficient for that purpose. As you know, the whole question of mandatory dedication in Iowa is very new and undoubtedly any ordinance passed by the City Council would be subject to litigation to test its validity. At the very least, it seems to me that in order_ to follow through on mandatory park land dedication the City needs to have a comprehensive plan which locates with sufficient detail and specificity the location, size, and nature of park lands and open spaces to be provided, along with information from which a reasonable "payment in lieu of" schedule could be developed. I have reviewed this question, by the way, with Mr. Wollmershauser and Mr. Schmeiser of -the Planning_ Department and they are, I believe, in accord with the views set forth above. As indicated, I believe that.further_ planning work must be done before a mandatory dedication ordinance could realistically be considered by the Council. We will be happy to work together with the planning staff to develop the necessary plans at the appropriate time. I am sending copies of this letter to the Parks and Recreation Commission, Riverfront Commission, and Planning and Zoning Commission for their information. JWH•vb Respe tted, ' z WILL J. HAYEK-" - JOHN W. HAYEK C. PETER HAYEK - - November 6, 1974 The Honorable Mayor and City Council of Iowa City Civic Center Iowa City, Iowa 52240 Re: Mandatory Park Dedication and Comprehensive Planning Mayor and Council Members: At your request I have reviewed the existing City plans including the 1970 amended Burke report and also the existing regional plans to determine whether or not those plans would be sufficient upon which to base an ordinance for mandatory dedication of park lands. In my opinion the existing City plans are not sufficient for that purpose. As you know, the whole question of mandatory dedication in Iowa is very new and undoubtedly any ordinance passed by the City Council would be subject to litigation to test its validity. At the very least, it seems to me that in order_ to follow through on mandatory park land dedication the City needs to have a comprehensive plan which locates with sufficient detail and specificity the location, size, and nature of park lands and open spaces to be provided, along with information from which a reasonable "payment in lieu of" schedule could be developed. I have reviewed this question, by the way, with Mr. Wollmershauser and Mr. Schmeiser of -the Planning_ Department and they are, I believe, in accord with the views set forth above. As indicated, I believe that.further_ planning work must be done before a mandatory dedication ordinance could realistically be considered by the Council. We will be happy to work together with the planning staff to develop the necessary plans at the appropriate time. I am sending copies of this letter to the Parks and Recreation Commission, Riverfront Commission, and Planning and Zoning Commission for their information. JWH•vb Respe tted,