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HomeMy WebLinkAbout2009-06-30 OrdinanceK~ t ~'~~.~ a Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING, ADDING A BUSINESS SERVICES LAND USE CATEGORY, MODIFYING THE STREET WIDTH STANDARDS FOR INSTITUTIONAL USES IN RESIDENTIAL ZONES, AND CLARIFYING APPLICABLE REGULATIONS TO AND ALLOW MINOR MODIFICATIONS TO SITE DEVELOPMENT STANDARDS IN THE PUBLIC ZONE. WHEREAS, the zoning ordinance contains a land use classification system that groups uses with similar functions, products, and/or physical characteristics and uses this system as a basis for assignment of present and future uses to the various zoning districts; and WHEREAS, various types of business services have been listed as examples in several different use categories in the zoning ordinance, creating a distinction between these specific uses that is unwarranted given their similar functions, products, and physical characteristics; and WHEREAS, grouping all types of business services into the General Office use category in the ordinance will simplify and clarify how these uses are allowed within zoning districts throughout the city; and WHEREAS, the current zoning ordinance contains an overly restrictive street width standard for institutional uses that doesn't allow the City officials and the Board of Adjustment the flexibility of considering the size of the institution, the anticipated traffic, or the functional classification of the street when reviewing requests to establish or expand such a use; and WHEREAS, it is in the public interest to allow reasonable flexibility in allowing institutional uses on streets with adequate traffic capacity for the use proposed; and WHEREAS, the minor modification process is intended to provide the flexibility to modify certain regulations in unique or unusual situations where the strict application of the regulations is impractical. Minor modifications are allowed in all base zones, except for the Public Zones; and WHEREAS, similar to other zones, there are unique and unusual situations that may arise in areas zoned Public which make the strict application of the regulations impractical. It is in the public interest to allow minor modifications in Public Zones according to the same rules applied in other zoning districts in the city; and WHEREAS, the current zoning ordinance does not provide clear direction with regard to the standards that are applicable in the Public Zones, which has created confusion when public projects are being constructed and it is in the public interest to clarify which standards and regulations apply; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amending paragraph 14-4B-4D-6, Daycare Uses, by deleting subparagraph c., Vehicular Access, and substituting in lieu thereof: c. Vehicular Access In Single Family Residential Zones, a daycare center that provides care for more than 16 persons must have vehicular access to a collector street, arterial street, or street with paving wider than 28 feet. For expansions of existing uses that are Ordinance No. Page 2 nonconforming with this provision, access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the projected traffic generated by the proposed expansion. If the proposed expansion will cause an increase in the amount of traffic, a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan. This plan must be reviewed by the City's traffic engineering planner and approved by the City. B. Amending paragraph14-46-4D-8, General Educational Facilities in the RR-1, RM-12, RM- 20, RNS-20, RM-44, PRM, MU, and CO-1 Zones, by deleting subparagraph a, and substituting in lieu thereof: a. Vehicular access to the proposed use is limited to collector streets, arterial streets, or streets with pavement width greater than 28 feet. For expansions of existing uses that are nonconforming with this provision, access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the projected traffic generated by the proposed expansion. If the proposed expansion will cause an increase in the amount of traffic, a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan. This plan must be reviewed by the City's traffic engineering planner and approved by the City. C. Amending paragraph 14-4B-4D-9, General Educational Facilities in the RS-5, RS-8, RS- 12, and RNS-12 Zones, by deleting subparagraph a. and substituting in lieu thereof: a. Vehicular access to the proposed use is limited to collector streets, arterial streets, or streets with pavement width greater than 28 feet. For expansions of existing uses that are nonconforming with this provision, access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the projected traffic generated by the proposed expansion. If the proposed expansion will cause an increase in the amount of traffic, a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan. This plan must be reviewed by the City's traffic engineering planner and approved by the City. D. Amending paragraph 14-46-4D-13, Religious/Private Group Assembly in the ID-RM, ID-C, RR-1, RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-1 Zones, by deleting subparagraph a. and substituting in lieu thereof: a. Vehicular access to the proposed use is limited to collector streets, arterial streets, or streets with pavement width greater than 28 feet. For expansions of existing uses that are nonconforming with this provision, access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the projected traffic generated by the proposed expansion. If the proposed expansion will cause an increase in the amount of traffic, a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan. This plan must be reviewed by the City's traffic engineering planner and approved by the City. Ordinance No. Page 3 E. Amending paragraph 14-4B-4D-13, Religious/Private Group Assembly in the ID-RS, RS- 5, RS-8, RS-12, and RNS-12 Zones by deleting subparagraph a. and substituting in lieu thereof: a. Vehicular access to the proposed use is limited to collector streets, arterial streets, or streets with pavement width greater than 28 feet. For expansions of existing uses that are nonconforming with this provision, access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the projected traffic generated by the proposed expansion. If the proposed expansion will cause an increase in the amount of traffic, a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan. This plan must be reviewed by the City's traffic engineering planner and approved by the City. F. Amending paragraph 14-4A-4G-2, Examples, by deleting subparagraph a. and substituting in lieu thereof: a. General Office: Professional offices, such as lawyers, accountants, engineers, architects, and real estate agents; financial businesses, such as mortgage lenders, brokerage houses, administrative and back office banking facilities; data processing; government offices; public utility offices; social service agency offices; television and radio studios; and business services, such as advertising agencies, consumer credit reporting agencies, collection agencies, mailing and copying services, quick printing services, building management services, detective agencies, computer services, software development, research and development, consulting and public relations, protective services, bondspersons, drafting services, auctioneer services, call centers. G. Amending paragraph 14-4A-4H-2, Examples, by deleting subparagraph b. and substituting in lieu thereof: a. Personal Service-Oriented: Establishments engaged in providing retail services and services related to the care of a person or a person's apparel, such as retail banking establishments, laundromats, catering services, dry cleaners, tailors, shoe repair, photographic studios, beauty salons, tanning salons, therapeutic massage establishments, taxidermists, mortuaries, funeral homes, and crematoriums. H. Amending paragraph 14-4A-5B-2, Examples, by deleting subparagraph a and substituting in lieu thereof: a. Technical/Light Manufacturing: Firms engaged in the manufacturing, development, processing, fabricating, packaging or assembling of electronic components; electrotherapeutic, electromedical and x-ray apparatus; engineering, scientific and research laboratory equipment; measuring and controlling instruments; office, computing and accounting machines; optical instruments and lenses; pharmaceuticals; photographic equipment and supplies; photofinishing laboratories. Amending subsection 14-2F-3B. by inserting a new paragraph as follows and renumbering existing paragraphs accordingly: 2. Accessory Uses and Buildings See Article 14-4C Amending subsection 14-2F-3C. by inserting three new paragraphs as follows and renumbering existing paragraphs accordingly: Ordinance No. Page 4 1.Off-Street Parking and Loading Standards Sections 14-5A-5, Construction and Design Standards are applicable to uses within the Public Zone. 5. Landscaping and Tree Standards See Article 14-5E. 6. Screening and Buffering Standards See Article 14-5F. K. Amending Section 14-4F-5 by adding a new subsection E as follows: E. Minor Modifications to Site Development Standards A minor modification to adjust specific provisions of this section may be requested in either of the qualifying situations listed in the paragraphs below. Such requests will be reviewed by the Director of Planning and Community Development and the Building Official according to the procedures for Minor Modifications as set forth in Article 14- 86 and must meet the following approval criteria. The following approval criteria are to be applied in lieu of the general approval criteria listed in Section 14-46-1, Minor Modifications. 1. Qualifying Situation: The configuration of the lot or other existing physical condition of the lot makes the application of a specific standard impractical. In such a case, the applicant must demonstrate that the following approval criteria are met: a. The applicant must provide evidence that the configuration of the lot, the topography, or other physical characteristic of the property makes the application of a specific standard impractical. Examples of situations that may qualify include double-fronting lots, triangular shaped lots, and steeply sloping lots. b. The applicant must demonstrate that the proposed alternative design is not contrary to the intent of the site development standards. c. The applicant must propose an alternative site or building design that best meets the intent of the specific standard being modified. d. The requested modification will not be detrimental to the public health, safety, or welfare or be injurious to other property or improvements in the vicinity and in the zone in which the property is located. e. The requested modification does not allow a use or activity not otherwise expressly authorized by the regulations governing the subject property. f. The requested modification complies with other applicable statutes, ordinances, laws and regulations. 2. Qualifying Situation: The proposed site or building is uniquely designed to fit the site and the surrounding area. In such a situation, the applicant must demonstrate that the following approval criteria are met: a. The applicant proposes an alternative design solution that equally or better meets the intent of the specific standard being modified. b. The proposed site and building design is uniquely designed to fit the characteristics of the site and the surrounding area such that it equally or better meets the purpose of the site development standards. c. The requested modification will not be detrimental to the public health, safety, or welfare or be injurious to other property or improvements in the vicinity and in the zone in which the property is located. d. The requested modification does not allow a use or activity not otherwise expressly authorized by the regulations governing the subject property. e. The requested modification complies with other applicable statutes, ordinances, Ordinance No. Page 5 laws, and regulations. L. Amending subsection 14-46-1A, Applicability, by deleting paragraph 18. and substituting in lieu thereof: 18. Modifications to the site development standards contained in 14-2D-5, Industrial and Research Zone Site Development Standards, and 14-2F-5, Public Zone Site Development Standards, according to the alternate approval criteria set forth in those sections, respectively. The Building Official must obtain approval from the Director of Planning and Community Development prior to granting any such modification. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this MAYOR day of , 2009. ATTEST: CITY CLERK Approved by GG~~. ~~~~w~~G~~ City Attorney's Office 4 ~• ~u 7 Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 6J 16/2009 Vote for passage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration 6/30/2009 VOteforpaSSage: AYES: Bailey, Champion, Hayek, O'Donnell, Wilburn, Wright. NAYS: None. ABSENT: Correia. Date published 7 Prepared by: Sara F. Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319- 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 6 "PUBLIC HEALTH AND SAFETY" TO AMEND THE RESTRICTED GARBAGE DUMPSTER PICK-UP HOURS AFTER 10 P.M. AND BEFORE 7 A.M. WHEREAS, City Code section 6-4-3 currently restricts the loading, unloading, opening, closing, and handling of boxes, crates, containers, building materials, garbage cans or similar objects outdoors between 10:00 P.M. and 6:00 A.M. so as to create a noise disturbance across a residential real property boundary; and WHEREAS, the City desires to restrict unloading or handling garbage dumpsters between the hours of 10:00 P.M. and 7 A.M.; and WHEREAS, it is in the public interest to do so. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. Title 6, entitled "Public Health and Safety," Chapter 4, entitled "Noise Control," Section 3, entitled "Specific Activities Prohibited," Subsection A, entitled "Nighttime and Morning Noise" is hereby amended to read: A. Nighttime And Morning Noise: 1. No person shall so load, unload, open, close or handle boxes, crates, containers, building materials, garbage cans or similar objects outdoors between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. the following morning as to create a noise disturbance across the property line of residentially-zoned property. 2. No person shall unload or handle garbage dumpsters or similar objects outdoors between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. the following morning as to create a noise disturbance across the property line of residentially-zoned property. 3. No person shall operate construction equipment before seven o'clock (7:00) A.M. and after ten o'clock (10:00) P.M. unless a permit therefor has been obtained from the city engineer. 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 provided by law, on August 1, 2009. Passed and approved this day of , 2009. MAYOR Appro ed by CG( ~pC~ City Attorney's Office 7/~ /d 9 ATTEST: CITY CLERK Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 6/30/2009 Vote for passage: AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: Correia. Second Consideration _ Vote for passage: Date published ~~~ Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 09-4350 ORDINANCE AMENDING TITLE 1, ADMINISTRATION, CHAPTER 4, GENERAL PENALTY, SECTION 1, VIOLATIONS; CRIMINAL PENALTY, AND TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 9, VIOLATION OF VARIOUS CODE SECTIONS. WHEREAS, in recent years the State has changed the maximum fine for a simple misdemeanor from $100.00 to $500.00, to $625.00; and WHEREAS, the State, in Senate File 118, amended Iowa Code Section 364.3(2) to empower cities to impose the same maximum fines for simple misdemeanors as the State; and WHEREAS, Iowa City Code section 3-4-9: VIOLATION OF VARIOUS CODE SECTIONS: currently sets the penalty for a simple misdemeanor at "Up to $100.00 or 30 days in jail"; and WHEREAS, Iowa City Code Section 1-4-1 VIOLATIONS; CRIMINAL PENALTY:, currently limits criminal fines for ordinance violations to $500.00; and WHEREAS, the City wishes to align with the State the penalty for simple misdemeanors, as defined by Iowa Code; and WHEREAS, the State sets the penalty under Iowa Code Section 903.1 (1)(a); and WHEREAS, it is in the best interest of the City to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 1, ADMINISTRATION, CHAPTER 4, GENERAL PENALTY, SECTION 1, VIOLATIONS; CRIMINAL PENALTY: is hereby amended by deleting paragraph B in its entirety and replacing it as follows: B. Criminal Penalty: The doing of any act prohibited or declared to be unlawful, an offense or a simple misdemeanor by this code or any ordinance or code herein adopted by reference, or the omission or failure to perform any act or duty required by this code or any ordinance or code herein adopted by reference, is a simple misdemeanor and is, unless another penalty is specified, or the violation is scheduled under state law, punishable by a penalty as set in Iowa Code Section 903.1 (1)(a), as amended. TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 9, VIOLATION OF VARIOUS CODE SECTIONS: is hereby amended by deleting the listed penalty fora "Simple Misdemeanor' and replacing it as follows: "As set in Iowa Code Section 903.1 (1)(a), as amended." 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 effective upon publication. sed and approve is Othday of June , 2009. // /J ATTEST: ~~~~~i Pt . `~G~L.c/ MAY CITY'ELERK Approved by ~ ~~, City Attorney's Office Ordinance No. 09-4350 Page 2 It was moved by Wilburn and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek x O'Donnell _~ Wilburn x Wright First Consideration 6 / 16 / 2009 Vote for passage: AYES: Wright, Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 7/8/2009 Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: O'Donnell, Wilburn, Wright, Bailey, Champion Hayek. NAYS: None. ABSENT: Correia. ~_ Prepared by: Sara F. Greenwood Hektoen, As'~t. City Attorney, 410 E. Washington Street, l6wa City, IA 52240; 319- 356-5030 \ ~ ORDINIANCE NO. ORDINANCE AMENDING TITLE 6 "PUBLI HEALTH AND SAFET TO AMEND THE RESTRICTED GARBAGE DUMPSTER PICK-UP HOURS A TER 10 P.M. AND B ORE 7 A.M. A. Nighttime And Morning Noise: 1. No person shall so load, load, open, close r materials, garbage cans or s~ filar objects outdoors e and six o'clock (6:00) A. the following morning s property line of residentia y-zoned property. 2. No person shall unto d or handle garbage dumpst hours of ten o'clock (1 :00) P.M. and seven o'clock (7: a noise disturbance cross the property line of resident 3. No person shall perate construction equipment bef o'clock (10:00) P . unless a permit therefor has been SECTION II. REPE LER. Ali ordinances and parts of ord WHEREAS, City Code section 6-4-3 Curren restricts the ading, unloading, opening, closing, and handling of boxes, crates, containers, building materials, rbage cans or similar objects outdoors between 10:00 P.M. and 6:00 A.M. so as to Great a noise isturbance across a residential teat property boundary; and WHEREAS, the City desires to restrict unloadin or andling garbage dumpsters between the hours of 10:00 P. M. and 7 A.M.; and WHEREAS, it is in the public interest to do so. NOW, THEREFORE, BE IT ORDAINED BY H CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. Title 6, entitled "Public Health and Safety," C apter 4, en ~tled "Noise Control," Section 3, entitled "Specific Activities Prohibited," Subsection A, entitle "Nighttime an Morning Noise" is hereby amended to read: handle boxes, crates, containers, building tween the hours of ten o'clock (10:00) P.M. to create a noise disturbance across the or similar objects outdoors between the ~ A.M. the following morning as to create y-zoned property. seven o'clock (7:00) A.M. and after ten lained from the city engineer. ices in conflict with the provision of this Ordinance are hereby epealed. SECTION III. S ERABILITY. If any section, provision or part c invalid or unconstit ional, such adjudication shall not affect the vali section, provision r part thereof not adjudged invalid or unconstituti~ SECTION I .EFFECTIVE DATE. This Ordinance shall be in of publication, as rovided by law. Passed d approved this day of , MA by ~~ the Ordinance shall be adjudged to be qty of the Ordinance as a whole or any after its final passage, approval and ATTEST: CITY CLERK City Attorney's Office ~~z~~d~ Page 1 ofd Marian Karr From: Dale Helling Sent: Friday, June 26, 2009 5:28 PM To: 'candace-barnhill@uiowa.edu' Cc: Marian Karr; Kathryn Johansen Subject: Refuse Pickup Dear Ms. Barnhill, I am writing to advise you of an item that is on the City Council's June 30 meeting agenda. It is the first reading on an ordinance amendment changing the time dumpsters can be emptied from 6:00 AM to 7:00 AM. This will be consistent with the time that City crews begin refuse pickup and will apply wherever the noise causes a disturbance across the property line of a residentially zoned property. Candidly, I would not be surprised if some refuse haulers and/or apartment building owners come to the meeting to express opposition. Last year when the ordinance change was first discussed, we sent notices to the known refuse haulers and received only one response - in opposition. However, the matter was not before Council at that time, and having on the agenda for consideration may give the matter greater urgency for those opposed. This ordinance does not address another concern that you have expressed, that of early morning snow removal. That will likely be discussed later in the summer of early fall when Council reviews our snow removal policy. Restricting snow removal times poses a more difficult question since the time of snowfalls is random and there is an expectation that overnight snow accumulations will, to the greatest extent possible, be removed from streets and parking lots to accommodate motorists going to work or other destinations the following morning. In any event, I wanted to let you know what Council will be considering on Tuesday. I attempted to telephone you without success. If you wish to discuss this matter further, please feel free to call me at 356-5013. I hope you will find this information helpful. Sincerely, Dale Helling Interim City Manager 6/29/2009 ~~~ ~~ Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. 09-4351 AN ORDINANCE AMENDING TITLE 1, CHAPTER 9, SECTION 3, ENTITLED "ELECTION PRECINCTS" OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA BY AMENDING THE BOUNDARY OF VOTING PRECINCT 12 TO REFLECT A BOUNDARY CHANGE TO THE CORPORATE LIMITS OF IOWA CITY. WHEREAS, a boundary change to the corporate limits of Iowa City resulting from the annexation of approximately 173 acres of land locally known as 4748 420"' Street Southeast, Iowa City, Iowa, has rendered the codified voting precincts inaccurate; and WHEREAS, most of the annexed land is currently undeveloped; and WHEREAS, the proposed revision to the precinct boundary conforms to Chapter 49 of the Iowa State Code, and is in the public interest to do so. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 1, Chapter 9, Section 3(B)(12) of the Code of Ordinances of Iowa City is hereby amended by deleting said paragraph and adopting in lieu thereof the following: 12. Precinct 12: Beginning at the intersection of Industrial Park Road and Highway 6; thence northerly on Industrial Park Road to the Iowa Interstate railroad tracks; thence southeasterly along the railroad tracks to a point where the corporate limits of Iowa City turn north along the west line of the SE '/< of Section 19, Township 79 N, Range 5 W; thence following the corporate limits north and east to Taft Avenue; thence continuing along the corporate limits southerly, then northwesterly, then southerly, then westerly, then southerly, then westerly, then northerly, then westerly, then southerly, then westerly to the intersection of Highway 6 and Sioux Avenue; thence continuing along the corporate limits generally westerly and southerly to Napoleon Street; thence following the corporate limits generally north and westerly to the intersection of Sycamore Street and Lehman Avenue; thence continuing along the corporate limits easterly, northerly and westerly to a point approximately 173 feet south of where the centerlines of Sycamore Street and Langenberg Avenue intersect, which is on the boundary line between Iowa City and East Lucas Township; thence northerly to the intersection of Sycamore Street and California Avenue; thence easterly on California to Union Road; thence southerly on Union to Nevada Street; thence easterly on Nevada to Miami Drive; thence northerly on Miami Drive to Hollywood Boulevard; thence westerly on Hollywood to Fairmeadows Boulevard; thence northerly on Fairmeadows to Highway 6; and southeasterly on Highway 6 to the point of beginning. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and public~tipn, as provided by Irv. Passed and approved this 30th day of June, 2009. v i ATTEST: ~'~-' ~' CI CLERK Appr ved by City Attorney's Office ~/z`~~ Ordinance No. 09-4351 Page ~ It was moved by Wilburn and seconded by 0' Donnell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey ~ Champion x Correia x Hayek x O'Donnell x Wilburn x Wright First Consideration Vote for passage: NAYS Second Consideration _ Vote for passage: Date published 7/8/2009 Correia, Hayek, O'Donnell, Wilburn, Wright. Moved by Wilburn, seconded by O'Donnell, 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: Wright, Bailey, Champion, Hayek, O'Donnell, Wilburn. NAYS: None. ABS$NT: Correia. 6/16/2009 AYES: Bailey, Champion, None. ABSENT: None.