HomeMy WebLinkAbout2003-05-20 Ordinance Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (REZ01-O0013)
ORDINANCE NO.
AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 6.1 ACRES FROM
COUNTY RS, SUBURBAN RESIDENTIAL, TO CI'I, INTENSIVE COMMERCIAL, FOR PROPERTY
LOCATED WEST OF DANE ROAD, EAST OF MORMON TREK BOULEVARD EXTENDED.
WHEREAS, (Harold) John Dane has applied for the annexation and rezoning of approximately 6.1 acres of
property from County RS, Suburban Residential, to CI1, Intensive Commercial; and
WHEREAS, this property has been identified by the City as appropriate for commercial development; and
WHEREAS, the extension of Mormon Trek Boulevard, planned for construction in 2003, will provide the
urban infrastructure to support commercial development.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
~E~LL~,P~J~,D~AL. The property legally described below is hereby redesignated from RS, Suburban
Residential, to CI1, Intensive Commercial:
In Section 20, Township 79, Range 6, that part of SE NE S of Rd Exc That Part DESC as AP#2 in Bk 871
PG 204; AND EXC that part lying within the survey Rec in Bk 42 Pg 19 of JC Recorder Desc as the Runway;
Said parcel is also identified as Johnson County Parcel #1020176009.
SECTION II ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of this Ordinance as provided by law
SECTION III CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to
certifij a copy of this Ordinance which shall be recorded by the owner 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 previsions of this
Ordinance are hereby repealed.
SECTION V SFVFRARII ITY. 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 FFFECTIVF DATF. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this __ day of ,20___
MAYOR
ATTEST:
CITY CLERK
City Affo~ney's Office
Ordinance No.
Page __
It was moved by and seconded by that the Ordinance
as read be adopted, and upon mil call them were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 5/20/03
Voteforpassage:AYES: Vanden'hoer, Wi]bur'n, Champion, Kanner', Lehman, 0'Donne]'l,
Pfab. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (REZ03-00013)
ORDINANCE NO.
AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 144 ACRES FROM
COUNTY CH, C2, RIA, RS, AND A1 TO P, PUBLIC; CH1, HIGHWAY COMMERCIAL; C1-1, INTENSIVE
COMMERCIAL; AND IDRS, INTERIM DEVELOPMENT RESIDENTIAL, FOR PROPERTY GENERALLY
LOCATED EAST OF HIGHWAY 218, WEST OF THE IOWA CITY AIRPORT, AND BOTH NORTH AND
SOUTH OF HIGHWAY 1.
WHEREAS, the City is coordinating and initiating the rezoning of approximately 144 acres of land in
conjunction with the annexation of said properties;
WHEREAS, the City consulted the Southwest District Plan and South Central District Plan, which are part of
the Comprehensive Plan, in considering appropriate zoning designations; and
WHEREAS, the Iowa City Airport owns properties being annexed to the City of Iowa City which should be
zoned public to reflect public ownership; and
WHEREAS, the City has identified the properties east and west of the Mormon Trek Boulevard Extension as
appropriate for commemial development; and
WHEREAS, the extension of Mormon Trek Boulevard, scheduled for construction in 2003, will provide the
infrastructure to support commercial development in this vicinity; and
WHEREAS, to address concerns with entranceway aesthetics along the Highway 1 frontage, the property
owners of undeveloped private property which front on Highway 1 have agreed to a conditional zoning
agreement defining setback and appearance considerations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
A. The privately-owned properties on the north side of Highway 1 being annexed, legally described as
follows, are hereby redesignated from County CH, Highway Commercial, to C1-1, Intensive Commercial.
COM 300' S OF NE COR S 89° W 25.5', S35o W 999.95', S 45° W 196.67' TO POINT OF BEG.,
THENCE S 45° W 159.31' S 26° W 229.95' N 54° W TO W LINE E% NE, N ALONG SAID W LINE TO
POINT N 54° W TO BEG, identified as Johnson County, Iowa parcel #1020105002; and
COM 300' S OF NE COR 20-79-6 S 89° W 25.5', S 35° W 893.31' TO POG, THENCE S 35° W 106.64',
S 45° W 196.67', N 54° W TO W LINE E% NE, N ALONG SAID W LINE TO PT N 54° W OF BEG., S 54° E
TO BEG, identified as Johnson County, Iowa parcel #1020105001.
COM 300' S OF NE COR SECTION 20, T79N, R6W, S 89° W 25.5', S 35° W 999.95', S 45° W 355.98',
S 26° W 229.95', S 54° W TO C/L HWY, SWLY ALONG C/L 140' TO PQINT OF BEG, THENCE SWLY 170',
N 54o, W TO W LINE E ~ NE, N ALONG W LINE TO POINT N 54° W OF BEG., S 54° W TO BEG, identified
as Johnson County, Iowa parcel #1020177002.
B. The properties controlled by the Iowa City Airpod, legally described as follows, are hereby redesignated
from RS, Suburban Residential; R1A, Urban Residential; County CH, Highway Commercial; and C2,
Commercial to P, Public:
Commencing at the northeast corner of Section 20, Township 78 North, Range 6 West of the 5th P.M.,
thence south 300.00 feet, thence south 89 degrees 52 minutes 00 seconds, west 25.50 feet to the
northwesterly right of way line of Iowa Highway #1, thence south 35 degrees 20 minutes 00 seconds west
999.95 feet, thence south 45 degrees 51 minutes 15 seconds west 355.98 feet, thence south 26 degrees 44
minutes 36 seconds west 229.95 feet, thence south 54 degrees 40 minutes 00 seconds east to the center
line of Iowa Highway #1 and the point of beginning of the tract herein described; thence southwesterly along
said center line 140 feet, thence north 54 degrees 40 minutes 00 seconds west to the west line of the east
half of the northeast quader of Section 20, Township 79 North, Range 6 West of the 5th P.M., thence north
along the said west line of the east half of the northeast quarter of said Section 20 to a point which bears
north 54 degrees 40 minutes 00 seconds west of the point of beginning, thence south 54 degrees 40 minutes
00 seconds east to the point of beginning; subject to an easement to the State of Iowa for road purposes and
for use as a public highway and subject to an easement for access to adjoining lots and for construction of
utility services, which easement is 30 feet in width, the southerly line of which is the northerly right of way line
of Iowa Highway #1, and subject to an easement for the construction, operation and maintenance of a
sanitary sewer line 5 feet on either side of the existing sanitary sewer line as presently located on said real
estate, excepting therefrom that portion conveyed to the State of Iowa for highway purposes by deed records
in Book 544, Page 100, Records of Johnson County, Iowa. and
Commencing at the NE corner of said Section 20; thence S0°33'W, 377.5 ft. along the east line of the NE
% of said Section 20, to the centerline of Primary Road No. 1; thence S35°30 %'W, 1838.6 ft. along said
centerline and centerline tangent; thence N54°29 %'W, 101.3 ft. to the Point of Beginning; thence continuing
Ordinance No.
Page 2
N54"29 %'W, 231.0 ft. to a point on the west line of the E % NE ~ of said Section 20; thence S0°27 WW,
328.7 ft. along said west line; thence N44°26 %'E, 272.4 ft. to the Point of Beginning; containing 0.71 acre
(31,088 sq. ft.), more or less.
That part of the E 1/2 of the NE 1/4 of Section 20, Township 79 North, Range 6 West, lying northwesterly
of the original State Highway No. 1, southeasterly of the present State Highway No. 1, and southwesterly of
the county road (Dane Road), in Johnson County, Iowa, described as follows:
Commencing at the NE corner of said Section 20; thence S 01044'47'' W (S 01045' W record) along the
East line of said NE 1/4 and along the centerline of said original State Highway No. I a distance of 1136.58
feet to the beginning of a curve to the right, said curve having a radius of 572.96 feet, concave westerly;
thence southerly along said curve and said centerline 164.80 feet to the intersection with the centerline of the
county road (Dane Road) and the point of beginning; thence continuing along said curve and said centerline
of Original Iowa State Highway No. 1 in a southwesterly direction 463.03 feet; thence S 64o31'47" W along
said centedine 604.34 feet to a point on the southeasterly right-of-way line of present Iowa State Highway No.
1; thence N 10o26'45'' E along said right-of-way line 112.47 feet (113.0 feet record); thence N 38o07'45'' E
along said right-of-way line 199.94 feet (200.1 feet record); thence N 41o36'00" E along said right-of-way line
351.41 feet (351.3 feet record); thence N 36o42'20" E along said right-of-way line 49.93 feet (50.0 feet
record); thence N 28055'53" E along said right-of-way line 111.07 feet (111.0 feet record); thence N 58o00'48"
E along said right-of-way line 96.64 feet (96.6 feet record); thence N 36o42'10" E along said right-of-way line
168.10 feet to a point on the southwesterly right-of-way line of Dane Road; thence N 84o23'41" E along said
southeasterly right-of-way line of Iowa State Highway No. 1 a distance of 58.14 feet (58.1 feet record) to a
point on the centerline of said Dane Road; thence S 36°17'50" E along said centedine 84.53 feet to the
beginning of a curve to the right, said curve having a radius of 572.96 feet, concave southwesterly; thence
southeasterly along said centerline 215.65 feet to the point of beginning, and containing 6.314 acres.
Subject to Dane Road right-of-way and easements of record. For the purpose of this description, the east
line of the NE 1/4 of said Section 20 is assumed to bear S 01o44'47" W. The above described parcel is the
same parcel as described in the special warranty deed to trust as recorded in Book 2244, Page 116 in the
Johnson County Recorder's Office. and
That part of a parcel of land described in Book 1908, Page 205, in the Office of the Johnson County
Recorder, in the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6
West of the 5~ Principal Meridian in Johnson County, Iowa, described as follows:
Commencing at the southwest corner of said Southeast Quarter of the Northeast Quarter; thence South
88o34'01" East along the south line of said Southeast Quarter of the Northeast Quarter 194.00 feet to the
southeast corner of said parcel; thence North 04004'00" East along the east line of said parcel 159.18 feet to
the point of beginning; thence North 48018'05" West 210.60 feet to the southeasterly right of way line of Iowa
State Highway No. 1; thence North 48o35'35" East along said right of way line 237.85 feet to the east line of
said parcel; thence South 04004'00" West along said east line 298.16 feet to the point of beginning,
containing 24,864 square feet, subject to easements and restrictions of record, if any. and
That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6
West of the 5t~ Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the
southeast corner of said Southeast Quarter of the Northeast Quarter; thence North 88°34'01" West along the
south line of said Southeast Quarter of the Northeast Quarter 1,129.73 feet to the southeast corner of a
parcel of land described in Book 1908, Page 205, in the Office of the Johnson County Recorder; thence North
04004'00" East (North 02050' East record) along the east line of said parcel 158.70 feet to a point on the
southwesterly right-of-way line of proposed Mormon Trek Boulevard and a non-tangent curve to the right, said
curve having a radius of 940.00 feet, concave southwesterly; thence southeasterly along said curve and said
southwesterly right-of-way line 109.68 feet through a central angle of 06°41'08" and having a chord bearing
South 43019'05" East 109.92 feet to the point of beginning; thence North 62027'56" East 30.54 feet; thence
South 48o27'49'' West 29.86 feet to the b~eginning of a non-tangent curve to the right, said curve having a
radius of 940.00 feet, concave southwesterly; thence northwesterly along said curve and said southwesterly
right-of-way of proposed Mormon Trek Boulevard 7.39 feet through a central angle of 00027'02" and having a
chord bearing North 39o45'00" West 7.39 feet to the point if beginning. and
That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6
West of the 5th Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the
southeast corner of said Southeast Quarter of the Northeast Quarter; thence North 01044'47" East (North
01045, East record) along the east line of said Southeast Quarter of the Northeast Quarter 372.80 feet;
Ordinance No.
Page 3
thence South 63o52'17" West along the southeasterly line of a pamel of land described in Book 871, Page
204, in the Office of the Johnson County Recorder 298.84 feet (South 63052'30" West 298.8 feet record);
thence North 19o00'13" West (North 19°00' West record) along the west line of said parcel 247.05 feet to the
point of beginning; thence South 62027'56'' West 810.16 feet; thence North 19o00'13" West 174.33 feet to the
east line of a parcel of land described in Book 1908, Page 205 in the Office of the Johnson County Recorder;
thence North 04°04'00" East (North 02050, East record) along said east line 220.08 feet to a point on the
southeasterly right-of-way line of Iowa State Highway Number 1; thence North 44°46'50' East along said
right-of-way line 385.18 feet (North 43033, East 389.1 feet record) to the centerline of original Iowa State
Highway Number 1; thence North 64o31'47" East (North 64o32' East record) along said centerline 371.76 feet
to the west line of said parcel described in Book 871, Page 204; thence South 19o00'13" East along said west
line 468.66 feet to the point of beginning. and
That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6
West of the 5~ Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the
southeast comer of said Southeast Quarter of the Northeast Quarter; thence Nodh 01o44'47" East (North
01o45' East record) along the east line of said Southeast Quarter of the Northeast Quarter 372.80 feet;
thence South 63o52'17'' West along the southeasterly line of a parcel of land described in Book 871, Page
204, in the Office of the Johnson County Recorder 298.84 feet (South 63052'30" West 298.8 feet record);
thence North 19o00'13'' West (North 19000' West record) along the west line of said parcel 198.73 feet to a
point on the south right-of-way line of proposed relocated Dane Road and the point of beginning; thence
North 88o15'13" West along said right-of-way line 97.71 feet; thence North 62°27'56" East 92.39 feet to a
point on said west line; thence South 19o00'13" East along said west line 48.32 feet to the point of beginning.
and
That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6
West of the 5~ Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the
southeast corner of said Southeast Quarter of the Northeast Quader; thence North 88o34'01" West along the
south line of said Southeast Quarter of the Northeast Quarter 1,129.73 feet to the southeast corner of a
parcel of land described in Book 1908, Page 205, in the Office of the Johnson County Recorder; thence North
04°04'00" East (North 02°50' East record) along the east line of said parcel 158.70 feet to a point on the
southwesterly right-of-way line of proposed Mormon Trek Boulevard and the point of beginning; thence
continuing North 04004'00" East along said east line of that parcel of land described in Book 1908, Page 205
a distance of 78.57 feet; thence South 19o00'13" East 136.90 feet to a point on a non-tangent curve to the
right, said curve having a radius of 940.00 feet, concave southwesterly; thence northwesterly along said curve
and said southwesterly right-of-way line of proposed Mormon Trek Boulevard 71.59 feet through a central
angle of 04o21'50" and having a chord bearing North 44028'43'' West 71.58 feet to the point of beginning.
C. Subject to the terms and conditions of a conditional zoning agreement, attached hereto and
incorporated by reference herein, the pr0pedies on the east side of Highway 218, west of Mormon Trek
Boulevard Extended, are hereby redesignated from RS, Suburban Residential; R1A, Urban Residential; and C2,
Commercial to CH-l, Highway Commercial:
North 18.56 chains of the North half of the Southeast quader East of Highway right-of-way Section 20,
T79N, R 6W, excepting the portion east of Mormon Trek Boulevard.
BEG AT A POINT N 89° E 1135.7' FROM THE CENTER OF SEC 20 T79N, R6W ON THE S LINE OF
SAID SW NE, N 39° E, 180.9', N 30° E 140.4' TO EAST LINE OF SAID SW NE, S 0° E 258.0', ALONG
EAST LINE TO SOUTH LINE OF SAID SW NE, S 89° W 188.3' ALONG SOUTH LINE TO THE POINT OF
BEG, which is .51 acres, more or less, identified as Johnson County, Iowa parcel #10201590; and
COM SW COR SE NE E 194', N 649', SW 330', S 412' TO beg EX. Land conveyed to City of I.C. in
2727-90 (survey 41-75), which is 1.47 acres more or less, identified as Johnson County, Iowa parcel
#10201760.
D. The property on the east side of Highway 218, on the south side of an existing drainageway corridor, is
hereby redesignated from RS, Suburban Residential, to ID-RS, Interim Development Single-Family Residential:
COMMENCING AT THE EAST % CORNER OF SAID SECTION 20, THENCE SOUTH 00o09'17" WEST
ALONG THE EAST LINE OF THE SOUTHEAST ~ OF SAID SECTION 20 A DISTANCE OF 1224.96 FEET
(18.56 CHAINS); THENCE SOUTH 89040'57'' WEST A DISTANCE OF 686.36 FEET TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE SOUTH 89°40'57" WEST A DISTANCE OF
672.65 FEET TO A HIGHWAY RIGHT OF WAY MARKER ON THE EASTERLY RIGHT OF WAY LINE OF
U.S. HIGHWAY 218; THENCE NORTH 11o40'09" WEST ALONG SAID HIGHWAY RIGHT OF WAY LINE A
DISTANCE OF 283.38 FEET; THENCE SOUTH 74045'09'' EAST A DISTANCE OF 37.99 FEET; THENCE
NORTH 64o08'51" EAST A DISTANCE OF 32.48 FEET; THENCE SOUTH 86o19'36" EAST A DISTANCE
Ordinance No.
Page 4
OF 217.65 FEET; THENCE SOUTH 76o39'28" EAST A DISTANCE OF 84.25 FEET; THENCE SOUTH
58049'25'' EAST A DISTANCE OF 201.41 FEET; THENCE SOUTH 34o29'14'' EAST A DISTANCE OF 69.35
FEET; THENCE SOUTH 61o31'31" EAST A DISTANCE OF 174.40 FEET TO THE POINT OF BEGINNING.
CONTAINING 3.10 ACRE.
E. The properties on the east side of Mormon Trek Boulevard Extended, west of Dane Road, legally
described as follows, are hereby redesignated from RS, Suburban Residential, to C1-1, Intensive Commercial:
North 18.567 chains of the North half of the Southeast quarter East of Highway right-of-way Section 20,
T79N, R6W, excepting the portion west of Mormon Trek Boulevard.
SECTION II. ZONING MAP The Building Inspector is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of this Ordinance as provided by law
SECTION III CON[~ITIONAL ZONING AGREEMENT Following final passage and approval of this
ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the conditional
zoning agreement between property owners and the City.
SECTION IV CF:RTIFICATION AND RI:CORDING. The City Clerk is hereby authorized and directed to
certify a copy of this Ordinance which shall be recorded by the owner at the Office of the County Recorder of
Johnson County, Iowa, upon final passage and publication as provided by law.
~.C~. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI SFVERABII ITY. If any section, prevision 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, prevision or part thereof not adjudged invalid or unconstitutional.
SECTION VII FFFECTIVF DATF This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of ,20.__
MAYOR
ATTEST:
CITY CLERK
City-A~to'~'ne~,'s OVrlf'c e
ppdadm/e~'aiq~or t Cezcn.doc
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:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 5/20/03
Voteforpassage:AYES: Wi'lbu~'n, Champion, Kanner, Lehman, 0'Donnell, Pfab,
Vanderhoef. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (REZ03-00017)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation
(hereinafter "City") and James Davis, Robert Davis, and Jan Smith (hereinafter "Owners").
WHEREAS, the City of Iowa City is coordinating and initiating the annexation and rezoning of
property owned by Owners, part of which has frontage on Highway 1; and
WHEREAS, Highway 1 is an entranceway to Iowa City; and
WHEREAS, the City has identified entranceway aesthetics as a public benefit; and
WHEREAS, Owner agrees that certain minimal conditions and restrictions are reasonable to
ensure a minimum of entranceway aesthetics, and to ensure that any illuminated signs do not
interfere with the operations of the Iowa City Airport.
NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as
follows:
1. James Davis, Robert Davis, and Jan Smith are the owners and legal title holders of property
east of Highway 218, south of Highway 1, legally described as follows:
North 18.56 chains of the NoAh half of the Southeast quarter East of Highway right-of-way
Section 20, T79N, R 6W
2. Owners acknowledge that the City wishes to ensure a minimum amount of entranceway
aesthetics as properties fronting on Highway 1 are developed.
3. In consideration of the City's rezoning the property from RS, Suburban Residential, R1-A,
Urban Residential, and C2, Commercial, to CH-l, Highway Commercial, the Owners agree that
any development of the property shall incorporate the following site design standards:
a. A minimum setback of 30 feet from the Highway 1 right-of-way shall be landscaped. No
parking or paving, other than a sidewalk or trail, shall be permitted in this 30-foot setback.
b. No outdoor storage of materials or merchandise within 100 feet of the Highway 1 right-of-
way shall be permitted. This does not apply to outdoor display of motorized vehicles, such
as automobiles and trucks.
c. Signs, if illuminated, must be internally illuminated, in order to minimize the chance of
upward turning lights being used on the property.
4. Owners agree that the site development and site plan of the property shall reflect these
conditions.
5. Owners acknowledge that the conditions contained herein are reasonable conditions to impose
on the land, and under Iowa Code 414.5 (2001), and that said conditions satisfy public needs
that are related to the zoning change.
6. Owners acknowledge that in the event any portion of the subject property is transferred, sold,
redeveloped, or subdivided, all development and redevelopment will conform with the terms of
this Conditional Zoning Agreement.
ppdadm/ag~JREZ03-00017CZA.doc
REZ03-00017 CZA
Page 2
7. The parties acknowledge that this Conditional Zoning Agreement will be deemed to be a
covenant running with the land and with title to the land, and shall remain in full force and effect
as a covenant running with the title to the land unless or until released of record by the City.
The padies further acknowledge that this agreement will inure to the benefit of and bind all
successors, representatives, and assigns of the parties.
8. Owners acknowledge that nothing in the Conditional Zoning Agreement will be construed to
relieve the owner from complying with all applicable local, state and federal regulations.
9. The parties agree that this Conditional Zoning Agreement will be incorporated by reference into
the ordinance rezoning the subject property and that upon adoption and publication of the
ordinance, this agreement will be recorded in the Johnson County Recorder's Office.
10. Owners acknowledge that this Conditional Zoning Agreement can be executed in counterparts,
and said counterparts shall constitute one original agreement.
Dated this J ~ day of ¥~ '¢~ ,2003.
OWNER CITY OF IOWA CITY
/.~n~s Davis ' - Ernest Lehman, Mayor
Attest
Marian K. Karr, City Clerk
Approved by: __
City Attorney's OffiCe
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this / ~ day of /f/f~.~ , 20 o .~ , before me, the undersigned, a
Notary Publ~'~ and for said County, ~n said State, personally appeared ~-~ ,~,~,'~
, to me known to be the identical persons named in and who executed the
within and foregoing instrument, and acknowledged that he executed the same as his voluntary act
and deed.
Notary Public ir{ and for the State of Iowa
My commission expires:
ppdadrn/agt/REZ03~0017CZA, doc
REZ03-00017 CZA
Page 3
OWNER
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this SO day of Att~ , 20o'~, before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared ~.o~.~ ~- ~O..v ! 5
, to me known to be the identical persons named in and who executed the
within and foregoing instrument, and acknowledged that he executed the same as his voluntary act
and deed.
Notary Public in and for the State of Iowa
My commission expires:
ppdadm/agt/REZ03-O0017CZA, dcc
REZ03-00017 CZA
Page 4
OWNER
Jan Smith
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~.4:~,v.-,. day of ~'~g~ 4.._ , 2003, before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared .--~--~..v'~ ~
, to me known to be the identical persons named i~"~nd who executed the
within and foregoing instrument, and acknowledged that she executed the same as her voluntary act
and deed.
No{a~'y Public in and fo~he State of,l~w~r ~
My commission expires:
~y Commission Expires 01/31/'~0'~
ppdadm/agt/REZ03-00017CZA, doc
Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (REZ03-00017)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation
(hereinafter "City") and Rick Jirsa and Mark Mitchell (hereinafter "Owners").
WHEREAS, the City of Iowa City is coordinating and initiating the annexation and rezoning of prop-
erty owned by Owners, part of which has frontage on Highway 1; and
WHEREAS, Highway 1 is an entranceway to Iowa City; and
WHEREAS, the City has identified entranceway aesthetics as a public benefit; and
WHEREAS, Owner agrees that certain minimal conditions and restrictions are reasonable to ensure
a minimum of entranceway aesthetics, and to ensure that any illuminated signs do not interfere with
the operations of the Iowa City Airport.
NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as
follows:
1. Rick Jirsa and Mark Mitchell are the owners and legal title holders of property east of High-
way 218, south of Highway 1, legally described as follows:
BEG AT A POINT N 89° E 1135.7' FROM THE CENTER OF SEC 20 T79N, R6W ON THE S
LINE OF SAID SW NE, N 39° E, 180.9', N 30° E 140.4' TO EAST LINE OF SAID SW NE, S 0° E
258.0', ALONG EAST LINE TO SOUTH LINE OF SAID SW NE, S 89° W 188.3' ALONG SOUTH
LINE TO THE POINT OF BEG, which is .51 acres, more or less, identified as Johnson County,
Iowa parcel #1020159001; and
COM SW COR SE NE E 194', N 649'C, SW 330', S 412' TO beg EX. Land conveyed to City of
I.C. in 2727-90 (survey 41-75), which is 1.47 acres more or less, identified as Johnson County,
Iowa parcel #1020176007.
2. Owners acknowledge that the City wishes to ensure a minimum amount of entranceway aes-
thetics as properties fronting on Highway 1 are developed.
3. In consideration of the City's rezoning the property from RS, Suburban Residential, R1-A,
Urban Residential, and C2, Commercial, to CH-l, Highway Commercial, the Owners agree
that any development of the property shall incorporate the following site design standards:
a. A minimum setback of 30 feet from the Highway 1 right-of-way shall be landscaped.
No parking or paving, other than a sidewalk or trail, shall be permitted in this 30-foot
setback,
b. No outdoor storage of materials or merchandise within 100 feet of the Highway 1
right-of-way shall be permitted. This does not apply to outdoor display of motorized
vehicles, such as automobiles and trucks.
c. Signs, if illuminated, must be internally illuminated, in order to minimize the chance of
upward turning lights being used on the property.
4. Owners agree that the site development and site plan of the property shall reflect these con-
ditions.
REZ03-00017 CZA (Jirsa/Mitchell,
Page 2
5. Owners acknowledge that the conditions contained herein are reasonable conditions to im-
pose on the land, and under Iowa Code 414.5 (2001), and that said conditions satisfy public
needs that are related to the zoning change.
6. Owners acknowledge that in the event any portion of the subject property is transferred, sold,
redeveloped, or subdivided, all development and redevelopment will conform with the terms
of this Conditional Zoning Agreement.
7. The parties acknowledge that this Conditional Zoning Agreement will be deemed to be a
covenant running with the land and with title to the land, and shall remain in full force and ef-
fect as a covenant running with the title to the land unless or until released of record by the
City. The parties further acknowledge that this agreement will inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
8. Owners acknowledge that nothing in the Conditional Zoning Agreement will be construed to
relieve the owner from complying with all applicable local, state and federal regulations.
9. The parties agree that this Conditional Zoning Agreement will be incorporated by reference
into the ordinance rezoning the subject property and that upon adoption and publication of
the ordinance, this agreement will be recorded in the Johnson County Recorder's Office.
Dated this day o .2003.
OW,/~ ~ CITY OF IOWA CITY
Ri~k Jirs~r \ By: firnest Lehman, Mayor
Attest
Marian K. Karr, City Clerk
Approved by:
City~,~torney's O~ice '
REZ03-00017 CZA (Jirsa/Mitchell~
Page 3
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~O-~'' . day of ('~j:).~'~_J~ ,200:~, before me, the undersigned, a Notary
Public in and for said Coun{y, in said State, personally appeared
and ILAE~-~_~- )LA ;~c.~,v,_..0-~ , to me known to be the
identical persons named in and who executed the within and foregoing instrument, and acknowledged
that they executed the same as their voluntary act and deed.
Notary Public i~,,.~nd for the State of Iowa
My commission expires:
~IY COMMISSION ETP!R~S I
3
Prepared by: Shelley McCafferty, Asscciate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ03-00004)
AN ORDINANCE COMBINING THE LONGFELLOW HISTORIC DISTRICT AND THE MOFFITT
COTTAGE HISTORIC DISTRICT INTO ONE HISTORIC DISTRICT NAMED THE
LONGFELLOW HISTORIC DISTRICT
WHEREAS, the Iowa City City Council has designated the Longfellow Historic District and the Moffitt
Cottage Historic District as Historic Preservation Overlay zones; and
WHEREAS, the Longfellow Historic District and the Moffitt Cottage Historic District are contiguous;
and
WHEREAS, at its October 24, 2002 public hearing, the Historic Preservation Commission
recommended that the boundaries of the Longfellow Historic District and Moffitt Cottage Historic District
be amended to combine them into one historic district named the Longfellow Historic District; and
WHEREAS, at its February 20, 2003 meeting, the Planning and Zoning Commission recommended
approval of said proposed amendment, and the amended Longfellow Neighborhood District Guidelines;
and
WHEREAS, the State Historical Society of Iowa has reviewed the proposed nomination and concurs
with the recommendations contained within the historic district repod for this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The Longfellow Historic District and the Moffitt Cottage Historic District are
hereby combined into one historic district named the Longfellow Historic District, which is legally
described as follows; and the Longfellow Neighborhood District Guidelines, which are attached hereto
and incorporated herein by this reference are hereby approved:
Beginning at the northwest corner of lot 22, in Kauffman's Addition, Iowa City, Johnson County,
Iowa, Section II, Township 79 North, Range 6 West; Thence easterly 214.23 feet to the nodheast
corner of lot 21, Kauffman's Addition; Thence easterly 15 feet to the northwest corner of Oakes
First Addition; Thence easterly 360 feet to the northeast corner of lot 22, Oakes First Addition;
Thence easterly 20 feet to a point on the east line of the alley between Burlington and Court
Streets; Thence northerly 7 feet to a point on the eastern boundary of the 20 foot alley west of
Muscatine Avenue between Court and Burlington Streets; Thence easterly 92.2 feet and
southerly 35.3 feet to the northwest corner of lot 1, Koser's Subdivision; Thence easterly 145 feet
to the western R.O.W. line of Muscatine Avenue; Thence nodheasterly across Muscatine Avenue
to the southwest corner of Lot 2 of W.C. Mott's Subdivision of part of Block 5 and 7 of Clark and
BoHand's Addition; Thence northeasterly to the northern most corner of said Lot 2; Thence
southeasterly to the southeastern corner of Lot 7 of said W.C. Mott's Subdivision; Thence
southerly to a point on the centerline of Muscatine Avenue that intersect the projected eastern
boundary line of Lot 1, Block 3 of Rundell Addition;Thence southeasterly to a point where said
centerline intersects with the projected centerline of the 20 foot alley between Rundell and
Dearborn Streets; Thence southerly along the centerline of said alley to a point where centerline
intersects with the projected south boundary line of lot 11, block 9, Rundelt Additions; Thence
southwesterly to the centerline of the 16 foot alley between Rundell and Dearborn Streets at the
south R.O.W. of Sheridan Avenue; Thence southerly along centerline of said 16 foot alley to
where said centerline intersects with the eastward projected south boundary line of lot 2, block 8,
Rundell Addition; Thence westerly 133 feet to the southwest corner of said lot 2; Thence northerly
50 feet along the east R.O.W. line of Rundell Street; Thence westerly 60 feet to the west R.O.W.
line of Rundell Street; Continuing westerly 125 feet to the southwest corner of lot 18, block 6,
Rundell Addition; Continuing westerly 8 feet to the centerline of the 16 foot alley running along the
western boundary of the properties fronting the west side of Rundell Street; Thence southerly 75
feet along the centerline of said alley; Thence westerly to the southwest corner of lot 1, block 6,
Rundell Addition; Thence northwesterly along the west boundary of said lot 1 to the centerline of
Sheridan Avenue; Thence westerly along the centerline of Sheridan Avenue to a point 148 feet
east of where said centerline intersects with the projected east boundary line of lot 17, block 2,
Reagan's Second Addition; Thence southerly to the south R.O.W. line of Sheridan Avenue;
Continuing southerly 91 feet; Thence westerly 98 feet to a point on the east R.O.W. line of
Maggard Street; Thence westerly 25 feet to the centerline of Maggard Street; Thence nodherly to
a point where said centerline intersects with the projected south boundary line of lot 17, block 2,
Reagan's Second Addition; Thence westerly 25 feet to the southeast corner of lot 17, block 2,
Reagan's Second Addition; Thence westerly 236.1 feet to the southwest corner of lot 1, block 2,
Reagan's Second Addition; Thence westerly 30 feet to the centerline of Roosevelt Street; Thence
southerly 60 feet to a point where said centerline intersects with the projected south boundary line
of lot 2, block 1, Reagan's Second Addition; Thence westerly 30 feet to the southeast corner of lot
2, block 1 of Reagan's Second Addition; Thence westerly 140 feet to the southwest corner of said
lot 2; Thence westerly 10 feet to the centerline of the alley between Roosevelt Street and Clark
Street; Thence nodherly to a point where said centerline intersects with the projected south
boundary line of lot 1, block 3, Reagan's First Addition; Thence westerly 10 feet to the southeast
corner of lot 1, block 3 of Reagan's First Addition; Thence westerly 60 feet along the south
boundary of said lot 1; Thence nodhedy 220 feet to a point on the north boundary of lot 5, block 2
of Reagan's First Addition; thence easterly 60 feet to the northeast corner of said lot 5; Continuing
easterly 10 feet to the centerline of the alley just east of Clark Street, between Sheridan Avenue
and Seymour Avenue; Thence northerly 500 feet to the south boundary line of lot 14 of Coldren's
Addition; Thence easterly 12 feet to the southeast corner of said lot 14; Thence northerly 156 feet
to the northeast corner of lot 15 of Coldren's Addition; Thence easterly 61 feet to a point on the
west boundary of the property belonging to Longfellow School; Thence nodherly to the northeast
corner of lot 37 of Oakes Second Addition; Thence westerly 235 feet to the northwest corner of
said lot; Thence westerly 30 feet to the centerline of Clark Street; Thence northerly 9.83 feet
along said centedine; Thence westerly 139.17 feet; Thence northerly 168.26 feet to the centerline
of Court Street; Thence easterly 23.44 feet along said centerline; Thence northerly 30 feet to the
southeast corner of lot 23 of Kauffman's Addition; Thence northerly 162.2 feet to a point on the
western boundary of the vacated alley east of Summit Street between Court Street and Burlington'
Street, in Kauffman's Addition; Thence easterly 15 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 Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance as provided by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance,
the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the
same at the office of the County Recorder of Johnson County, Iowa, all as provided by law.
SECTION IV. REPEALER. All ordinances and pads of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Qrdinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of ,2003.
MAYOR
ATTEST:
CITY CLERK
Approved by
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:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 5/6/03
Voteforpassage:AYES: Vanderhoef; Wilburn, Champion, Kanner, Lehman, 0'Bonnell.
NAYS: None. ABSENT: Pfab.
Second Consideration 5/20/03
Voteforpassage: AYES: Champion, Kanner', Lehman, O'Donnell, Pfab, Vandet'hoef,
Wilburn. NAYS: None. ABSENT: None.
Date published
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (REZ03-00006)
ORDINANCE NO. 03-4074
AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM CB-2, CENTRAL BUSINESS
SERVICES ZONE, TO CB-5, CENTRAL BUSINESS SUPPORT ZONE FOR BLOCK 67 OF THE
ORIGINAL TOWN PLAT, EXCEPTING THE 6,000 SQUARE FOOT PROPERTY AT 130 NORTH
DUBUQUE STREET.
WHEREAS, due to a rezoning request of a property in Block 67 from CB-2, Central Business Service
Zone, to CB-5, Central Business Support Zone, the City has initiated rezoning the remainder of Block 67 from
CB-2 to CB-5, in order to preserve consistent and predictable zoning for all the properties on the block; and
WHEREAS, the Iowa City Comprehensive Plan identifies the Near NoK,.hside commercial district,
including Block 67, as appropriate for mixed use, residential/commercial development.
WHEREAS, the proposed CB-5 zone allows more opportunity for mixed-use development due to less
stringent parking requirements and a higher allowable floor-to-area ratio; and
WHEREAS, the Northside commercial area has historically developed as a mixed-use, pedestrian-
oriented commercial area; and
WHEREAS, Block 67 contains a mixture of uses including commercial, office, and religious institution, all
of which will continue to be permitted in the CB-5 zone.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
~C~:LL~;)5~. The property legally described below is hereby redesignated from CB-2 to
CB-5:
Block 67 of the Original Town Plat of the City of Iowa City, Iowa, excepting the north 75 feet of Lot 4 of
Block 67.
-gF(-:TION II ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this Ordinance as provided by law.
SECTION III. CERTIFIC'.ATION AND RFCORDING. The City Clerk is hereby authorized and directed to
certify a copy of this Ordinance which shall be recorded by the owner at the Office of the County Recorder of
Johnson County, Iowa, upon final passage and publication as provided by law.
SEC~TION IV. REPEAl FR All ordinances and parts of ordinances in cenfiict with the provisions of this
Ordinance are hereby repealed.
SECTION V RF'VERABILITY. 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.
SF(';TIC)N VI FFFECTIVF I')ATF. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this _?._Q.t, bday of M~Y ,20 03 ·
ArrEST:
DEPUTY CITY CLERK
Approved by
dmce
p~n¥ord/130 n dubuq~ 2.d~c
Ordinance No. 03-4074
Page.. 2
It was moved by O'Donnell and seconded by Vanderhoef that the Ordinance
as read be adopted, and upon ~1 call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
, X Pfab
X Vanderhoef
X Wilbum
First Consideml~on 5/6/03
Vote for passage: AYES: Kanner, L~hman, O'Donnell, Vanderhoef,Nilburn, Champion.
NAYS: None. ABSENT: Pfab.
Second Consideration 5/19/03
Vote for passage: AYES: Nilburn, Champion, Kanner, Lehman, O'Donnell, Pfab,
Vanderhoef. NAYS: None. ABSENT: None.
Date published 5/28/03
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (REZ02-00021)
ORDINANCE NO. 03-4075
AN ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION FROM CB-2,
CENTRAL BUSINESS SERVICE ZONE, TO CB-5, CENTRAL BUSINESS SUPPORT ZONE, FOR A 6,000
SQUARE FOOT PROPERTY AT 130 N. DUBUQUE STREET.
WHEREAS, the applicant, Kevin Hanick, has applied for a rezoning from Central Business Service Zone,
CB-2, to Central Business Support Zone, CB-5, for a 6,000 square foot property located at 130 N. Dubuque
Street; and
WHEREAS, the Iowa City Comprehensive Plan identifies the Near Northside commercial district,
including the subject property, as appropriate for mixed use residential/commemial development; and
WHEREAS, the proposed CB-5 zone allows more opportunity for mixed-use development due to less
stringent parking requirements and a higher allowable floor-to-area ratio; and
WHEREAS, the Near Northside commercial area has historically developed as a mixed-use pedestrian-
oriented commercial area; and
WHEREAS, to address concams with the appearance of the structure being consistent with the historic
character of the area, and historic landmarks on the block, property owner has agreed to a Conditional
Zoning Agreement that defines appearance criteria for any now structure on the property.
NOW, THEREFORE, BE' IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SE~. Subject to the terms and conditions of the Conditional Zoning Agreement,
attached hereto and incorporated by reference herein, the property legally described below is hereby
redesignated from CB-2 to CB-5:
The north 75 feet of Lot 4, in Block 67, of the original Town Plat of the City of Iowa City, Iowa.
SECTION II 7ONIN~ MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this Ordinance as provided by law.
SECTION III CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
ordinance, the Ma~c)r is hereby authorized and directed to sign, and the City Clerk to attest to and record at
the owner's expense, the Conditional Zoning Agreement between the property owner and the City.
SECTION IV. CERTIFICATION AND RF:CORDIN~ The City Clerk is hereby authorized and directed to
certify and record a copy of this Ordinance at the owner's expense at the Office of the County Recorder of
Johnson County, Iowa, upon final passage and publication as provided by law.
SFCTION V. REPFAI FR. Ail ordinances and parts of ordinances in conflict with the provisions of this
Ordinance ara~lS~r~by repealed.
SFCTIC)N VI. ~FVI=RARII ITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATF. This Ordinance shall be in effect after its final passage, approval
and pu];~iation, as provided by law.
~-~.'J~J~--4~~s~ and a. pproved/.~~._ ' thi~, 20_0__t,~lay of_ Nay ,20 0;3.
DEPUTY CITY CLERK" --
Approved by
Ordinance No. 03-4075
Page. 2
It was moved by Champi on and seconded by Vanderhoef that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X . Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration 5/6/03
Vote for passage: AYES: Lehman, O"Donnell, Vanderhoef, Wilburn, Champion~ Kanner.
NAYS: None. ABSENT: t~fab.
Second Consideration 5/19/03
Voteforpassage:AYES: Champion, Kanner, Lehman, 0'Donnell, Pfab, Vanderhoef,
Wilburn. NAYS: None. ABSENT: None.
Date published 5/28/03
Prepared by:. John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (REZ(~2-00021)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal
corporation (hereinafter "City") and Patdcia Lenoch (hereinafter "Owner").
WHEREAS, Kevin Hanick, on behalf of the Owner, has requested that the City rezone
approximately 6,000 square feet of property located at 130 N. Dubuque Street, from Central
Business Service Zone, CB-2, to Central Business Support Zone, CB-5; and ~
WHEREAS, the property is located in a commercial area with numerous histodc
landmark buildings; and
WHEREAS, the property is located on an entranceway into downtown Iowa City; and
WHEREAS, Iowa Code 414.5 (2001) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change in zoning; and
WHEREAS, Owner agrees that certain conditions and restrictions are reasonable to
address issues of compatibility with the histodc character of the Near Northside commercial
district and nearby histodc landmark properties, and to ensure appropriate development on
Dubuque Street, and entranceway to downtown Iowa City.
NOW, THEREFORE, in consideration of mutual promises contained herein, the parties
agree as follows:
1. Patricia Lenoch is the owner and legal titleholder of a 6,000 square foot property at 130
N. Dubuque Street, more particularly described as follows:
The north 75 feet of Lot 4, in Block 67, of the odginal Town Plat of the City of Iowa City,
Iowa.
2. Owner acknowledges that the City wishes to ensure that any structure on this property is
compatible with the historic character of the area and appropriate for an entranceway
into downtown Iowa City.
3. In consideration of the City's rezoning the property from CB-2 to CB-5, Owner agrees
that the development of the subject property will conform to all the requirements of the
CB-5 zone, as applicable, and the design of any new structure on the property shall be
reviewed and approved by the City Design Review Committee, prior to a building permit
being issued, according to the following criteria:
a. The exterior walls facing the street shall be predominantly masonry; stone, or
simulated stone may be used in combination with the bdck.
b. The entrance to the building shall be recessed and delineated by a canopy or
awning, raised cornice, or similar architectural feature.
c. Fenestration shall be predominantly vertical in proportion.
d. The eave or parapet shall have a cornice.
e. Signs shall be architecturally appropriate to the design of the building and context
of the neighborhood. Appropriate types of signs include wall signs between the
top of the first floor windows and the second floor, painted window signs,
projecting signs, canopy or canopy roof signs.
1
f. Illuminated awnings shall not be utilized.
g. The visual impression of the underground parking entrance shall be minimized.
4. Owner agrees to submit building elevation plans to the City Design Review Committee
prior to requesting a building permit. The Owner shall obtain approval of the building
elevation plans from the City Design Review Committee pdor to a building permit being
issued. Decisions of the City Design Review Committee may be appealed to the Iowa
City Board of Adjustment.
5. Owner acknowledges that the conditions contained herein are reasonable conditions to
impose on the land and under Iowa Code 414.5 (2001), and that said conditions satisfy
public needs that are caused by the requested zoning change.
6. Owner acknowledges that in the event any portion of the subject property is transferred,
sold, redeveloped, or subdivided, all development and redevelopment will conform with
the terms of this Conditional Zoning Agreement.
7. The parties acknowledge that this Conditional Zoning Agreement will be deemed to be a
covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant running with the title to the land unless or until released of
record by the City. The parties further acknowledge that this agreement will inure to the
benefit of and bind all successors, representatives, and assigns of the parties.
8. Owner acknowledges that nothing in the conditional Zoning Agreement will be
construed to relieve the Owner from complying with all applicable local, state, and
federal regulations.
9. The parties agree that this Conditional Zoning Agreement will be incorporated by
reference into the ordinance rezoning the subject pl'operty and that upon adoption and
publication of the ordinance, this agreement will be recorded in the Johnson County
Recorder's Office.
Dated this ~- . day of "~~ ,2003.
OWNER CITY OF IOWA CITY
Patricia Lenoch Ernest W. Lehman, Mayor
Attested by:
Julie K. Vopa~l, Deputy City Clerk
Approved by:
Prepared by: Shelley McCaffer~/1 Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ03-00009)
ORDINANCE NO. 03-4076
AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM HIGH DENSITY SINGLE FAMILY /
SENSITIVE AREA OVERLAY (RS-12/OSA) TO PLANNED DEVELOPMENT HOUSING OVERLAY
(OPDH-12/OSA) FOR 2.12 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
MEADOW RIDGE LANE AND NORTH DUBUQUE STREET.
WHEREAS, the applicant, CJ's Construction Inc., has requested that the proper'ty be rezoned from High Density
Single Family Residential/Sensitive Area Oveday, RS-12-/OSA, to Planned Development Housing Oveday, RS-
12/OSA/OPDH; and
WHEREAS, the applicant is requesting approval of a Preliminary OPDH Plan and an amended Sensitive Areas
Development Plan to allow the development of 13 townhouse-s~e dwelling units; and
WHEREAS, the Planning and Zoning Commission has determined that the proposed rezoning is in conformance
with the North District Plan, and that the proposed Preliminary OPDH Plan and amended Sensitive Areas
Development Plan are in technical compliance with all applicable provisions of the City Code; and
WHEREAS, the Preliminary OPDH Plan includes a variation to allow four tbwnhouse-style buildings on a single
lot in an RS zone and was approved by the Planning and Zoning Commission; and
WHEREAS, the amended Sensitive Areas Development Plan includes a variation to reduce the front back from
40 feet along North Dubuque Street to 30 feet to allow the preservation of open space to be maximized and was
approved by the Planning and Zoning Commission; and
WHEREAS, the OPDH plan is in compliance with the Iowa City Zoning Ordinance; and
WHEREAS, the proposed development is in compliance with the North District Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. APPROVAl. The property described below is hereby reclassified from its current designation of
High Density Single Family Residential/Sensitive Areas Overlay, RS-12/OSA, to and Planned Development Housing
Oveday, RS-12/OSA/OPDH, and the associated Preliminary OPDH Plan and amended Sensitive Areas Development
Plan, is hereby approved:
LOTS 17,18, 19 AND 20 OF MEADOW RIDGE, PART TVVO, IN ACCORDANCE WITH THE PLAT THEREOF
RECORDED IN BOOK 37, AT PAGE 97, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE.
SAID PARCEL CONTAINS 2.21 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTION OF RECORD.
SECTION I1. VARIATIONS. Section 14-6J-2-D-7 of the City Cede provides that combinations of land uses are
permitted and variations in building setback and lot area requirements may be approved for planned developments,
and Section14-6J-2-B of the City Code provides for flexibility in architectural design, placement and clustering of
buildings, use of open space, traffic circulation and parking, and related site and design considerations. The following
waivers are approved as part of the Preliminary OPDH Plan:
a. Waiver of Section 14-6Q-2-A to reduce the front yard for lots abutting a primary arterial street from 40 feet to 30
feet.
b. Waiver of Section 14-6A-4-F-1 to permit multiple primary structures on a single lot in an RS zone.
SECTION III. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of
the City of Iowa City, Iowa to conform to this amendment upon the final passage, approval and publication of this
ordinance as provided by law.
SECTION IV. CERTIFICATION AND RECORDINR The City Clerk is hereby authorized and directed to certify a
copy of this ordinance and the amended Sensitive Areas Development Plan and Preliminary OPDH Plan for this
property, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense,
upon the final passage, approval and publication of this ordinance, as provided by law.
Ordinance No. 03-4076
Page 2
SECTION V. REPEALER. All ordinances and pads of ordinances in cenflict with the provisions of this Ordinance
are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision
or pad thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Pa and approved this 2 h d Na ,20_ 03
DEPUTY CITY-~--'L-'ERK
Approved by
City Attorneys or'ce address
Ordinance No. 03-4076
Page 3
It was moved by C. hampion and seconded by Vanderhoef that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
× Wilbum
First Consideration 5/6/03
Voteforpassage: AYES: 0'Donne]], Vanderhoef, Wi]burn, Champion , Kanner, Lehman,
NAYS: None. ABSENT: Pfab.
Second Consideration 5/].9/03
Vote for passage: AYES: Kanner, Lehman, 0'Donnel], Wnderhoef, Wi]burn, Champion.
NAYS: Pfab. ABSENT: None. "'
Date published 5 / 28/03
Prepared by: Shelley McCafferty, ~ate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ03-00005)
0~'di nance I'io. 03-4077
AN ORDINANCE TO REZONE FROM NEIGHBORHOOD CONSERVATION RESIDENTIAL
(RNC-12 & RNC-20), HIGH DENSITY MULTIFAMILY RESIDENTIAL (RM-44) AND MEDIUM
DENSITY SINGLE FAMILY RESIDENTIAL (RS-8) TO CONSERVATION DISTRICT OVERLAY
(RNC-12/OCD, RNC-20/OCD, RM-44/OCD & RS-8/OCD) FOR THE DESIGNATION OF THE
COLLEGE HILL CONSERVATION DISTRICT WITHIN THE COLLEGE HILL
NEIGHBORHOOD.
WHEREAS, the Iowa City Historic Preservation Plan, contained in the Iowa City Comprehensive
Plan, recommends consideration of the designation of conservation and historic districts within the
College Hill Neighborhood; and
WHEREAS, the Iowa City Comprehensive Plan recommends the preservation of the integrity of
historic neighborhoods, the stabilization of neighborhoods, and supports efforts of the Historic
Preservation Commission; and
WHEREAS, the lewa City Municipal Code authorizes the Historic Preservation Commission to
nominate and the City Council to designate conservation districts, where deemed appropriate, as a
means of preserving the neighborhood character of traditional Iowa City neighborhoods, or for preserving
areas that exemplify unique or distinctive development patterns; and
WHEREAS, the Iowa City Historic Preservation Commission has completed a study of the College'
Hill neighborhood and has found that portions of this neighborhood retain substantial integrity to meet the
criteria for designation as a conservation district; and
WHEREAS, the Historic Preservation Commission feels that designation of the College Hill
Conservation District within the College Hill neighborhood will help stabilize the neighborhood by
providing for design review of new construction or alterations of existing buildings to assure compatibility
with the existing character of the district, and will encourage the retention of existing contributing
structures within the College Hill Neighborhood; and
WHEREAS, at its August 9, 2002 public hearing, the Historic Preservation Commission nominated
said properties for designation as a conservation district; and
WHEREAS, at its February 20, 2003 meeting, the Planning and Zoning Commission recommended
approval of the proposed conservation district designation and the District Guidelines for the College Hill
Neighborhood; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The College Hill Conservation District, legally described below and
illustrated on Exhibit B attached hereto and incorporated herein by this reference, is hereby designated as
a Conservation District Overlay (OCD) Zone and subject to the guidelines of the Iowa City Historic
Preservation Handbook including Appendix B, District Guidelines for the College Hill Neighborhood
hereto attached, incorporated herein by this reference:
Commencing at the northwest comer of lot 8, block 39, in the Original Town Plat of Iowa City, in Johnson County,
Iowa; Section 10, Township 79 North, Range 6 West. Thence northerly 10 feet to a point on the centerline of the
alley running east and west in said block 39. Thence easterly 1,320 feet to a point on the centerline of Governor
Street. Thence southerly along said centerline 26 feet. Thence easterly to a point on the westem boundary of Outlot
4, Original Town Plat. Thence eastedy along the no[them boundaries of the lots south of Ralston Creek in said
Outlot 4, to a point on the western boundary of lot 3, block 4, J.W. Clark's Addition. Thence eeuthedy 58 feet along
the western boundary of said lot 3. Thence easterly 149 feet to a point on the centerline of Evans Street. Thence
southerly along said centefline to a point where it intersects with an eastedy extension of the north boundary line of
lot 3, Boulevard Terrace Subdivision. Thence southeasterly along the centerline of Muscatine Avenue to a point
where it intersects with an easterly extension of the south boundary line of lot 6, Koser's Subdivision. Thence,
westerly to the northwest comer of lot 1, Koser's Subdivision. Thence northerly 35.3'. Thence westerly along the
south boundary of Outlot 1, Koser's Subdivision, to a point on the centerline of the alley running north and south
between Burlington Street and Court Street. Thence northerly 3' to a point where said centerline intersects with the
centerline of the alley running east and west in Oaks First Addition. Thence westerly, 1,020.80 feet along said
centerline and the south boundary of lots 3 and 4 of Kauffman's Addition, to a point on the eastern boundary of lot 2,
Kauffman's Addition. Thence northerly 193.50 feet to a point on the centerline of Burlington Street. Thence westerly
Ordinance No. 03-4077
Page 2
along said centerline to a point where it intersects with a southerly extension of the eastern boundary of Outlot 2 of
the Odginal Town Plat. Thence westerly along said centerline 91 feet. Thence northerly 130 feet Thence westerly
59 feet. Thence northerly 70 feet. Thence westedy 80 feet. Thence southerly 3 feet. Thence westerly 80 feet.
Thence eerthedy 250 feet to the southern boundary of Outlot 3 of the Original Town Plat. Thence eastedy 80 feet.
Thence northerly 195.5 feet. Thence westerly 160 feet. Thence southerly 36.25 feet along the westem boundary of
Outlot 3, the Original Town Plat. Thence westerly 400 feet across Governor Street and beyond to a point on the
western boundaP/ of Block 2, the Original Town Plat. Thence southerly along said western boundary 20 feet.
Thence westerly 170 feet. Thence northerly 30 feet. Thence westerly 50 feet along the south boundary of lot 2,
block 21, the Original Town Plat. Thence southerly 10 feet. Thence westerly 50 feet. Thence northerly 160 feet to
the southern right-of-way line of Washington Street Thence westerly 182 feet to a point 8 feet east of the northeast
comer of College Green Park. Thence northerly 260 feet to a point on the centerline of the alley running east and
west between Dodge and Johnson Streets. Thence westerly 108 feet along said centerline. Thence sobtherly 260
feet to a point on the north boundary of College Green Park. Thence westerly 300 feet to the northeast corner of lot
1, block 41, the Original Town Plat. Thence southerly 65 feet along the east boundary of said lot 1. Thence westerly
80 feet to a point on the west boundary of said lot 1. Thence ncrtherly 755 feet to the point of beginning. Excepting
the following described properties, which are not to be included. Lots 2, 3, 6, 7, 10, 11, 12, 13, the nodh 97 feet of
Lot 8, and the north 137 feet of lot 9 of J. & J.W. Clark Addition, Iowa City, Iowa; together with Lots 1, 2, 3, 4, 5 and
6 of Koser Bros. Subdivision of Lots I & 2 of Fry's Addition, Iowa City, Iowa; together with Lots 1, 2 and 3 of
Careon's Subdivision of Lots 14 to 20 of J. and J.W. Clark's Addition to Iowa City, Iowa; together with A portion of
Lots 3 and 4 of Carson's Subdivision of Lots 14 to 20 of J. and J.W. Clark's Addition to Iowa City, Iowa, more
particularly described as follows: Beginning at a point 5 feet west of the nodheast corner of said Lot 3, thence east
12.45 feet to the westerly line of Muscatine Avenue, thence southeasterly along said westedy line of Muscatine
Avenue 64 feet; thence southwesterly 90.3 feet to a point 110 feet south of the point of beginning; thence north 110
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 Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance as provided by law.
SECTION IlL CERTIFICATION AND RECORDING Upon passage and approval of the Ordinance,
the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the
same at the office of the County Recorder of Johnson County, Iowa, all as provided by law.
SECTION IV. REPEALER. Ail ordinances and pads of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or pad 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 pad thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATF This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this 20th day of Ma~ ,2003.
DEPUTY CIT,~ERK ~ -'~
Approved by
~f~Attorney's Office
Ordinance No. 03-4077
Page .. 3
It was moved by. Champi on and seconded by 0' D0nnel 1 that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
- ~( Champion
X Kanner
Lehman
X O'Donnell
X Pfab
Vanderhoef X
X Wilbum
First Consideration 4/22/03
Vote for passage: AYES:Lehman, 0'DOnnel~, t~'i]but-n, Champion. NAYS Pfab, Kanner.
ABSENT: None. ABSTAIN: Vandet-hoef.
Second Consideration 5/6/03
Vote for passage: AYES: t~i~but-n, Champion, Kannet-, Lehman, 0'Bonne~l. NAYS: None
ABSENT: Pfab. ABSTAIN: Vanden-hoer.
Date published 5/28/03
College Hill Neighborhood District Guidelines January 2003
The College Hill Neighborhood District Guidelines would apply to the College Green Historic District, East College Historic District, and the
proposed College Hi//Conservation District for exterior alterations to properties in these districts. If adopted, these guidelines would be
added to the/owa City Histodc Preservation Handbook. Current/y, neighbo~ood distdct guidelines have only been adopted for districts
within the Longfellow Neighborhood.
Site and Scale Guidelines for Additions, New Primary Structures, and Outbuilding
Setback, Front
For new primary structures, the building setback from the street should be established based upon the setbacks of existing buildings
located adjacent to the proposed building. The setback of the new primary structure should conform with the average of the setbacks of
the four nearest primary structures located within the same block and along the same street frontage. The setbacks of existing buildings
shall be measured at the first floor wall of the main living area of the building, excluding a covered or enclosed porch. Front porches are
prevalent on existing buildings within the districts. New buildings may contain covered front porches that extend into the front yard,
provided they are located no closer to the street than any of the other porches along the same street frontage.
Building additions should be placed at the rear of a property if possible. Additions at or near the front of an existing building shall be set
back at least 18 inches from the front plane of the existing building and shall be differentiated by a change in the roofline or other means.
Building Facade
The total surface area of the street elevation of a new primary structure should be no more than 1200 square feet. Existing primary
structures that were historically single-family houses should not be expanded in such a manner that the total surface area exceeds 1200
square feet. if the primary structure is accidentally destroyed or is a noncontributing structure that the owner wishes to demolish, and if the
structure had/has a street elevation surface area of 1200 square feet or greater, it may be reconstructed with a street elevation area not to
exceed the area of the pre-existing primary structure._For the purposes of enforcing this guideline, the total surface area of the street
elevation shall be defined as a figure derived by calculating the surface area of all wall and roof surfaces, including window and door
openings, that are visible in a measured drawing of the building elevation.
Outbuildings
Outbuildings, including garages, should be placed to the rear of the primary building whenever possible. Attached garages are
discouraged, but if constructed should be set back at least 20 feet from the front plane of the building.
Garages and other outbuildings should be clearly subordinate in size to the primary structure.
Pedestrian Access
A sidewalk shall be provided that connects the entrance door or porch to the public sidewalk.
Vehicular Access
Vehicular access should be provided from an alley if available. Driveways leading from the street to garages or parking at the rear of the
property should be one-lane in width, but can be widened toward the back of the lot to provide access to multi-stall garages or parking
spaces.
Parking
Parking spaces are not permitted between the primary structure and the street. Parking should be provided behind the primary structure
on a lot wherever possible. If parking must be located along the side of an existing or new primary structure, it shall be set back from the
front plane of the building a minimum of 10 feet and be screened by a decorative fence, landscaping, or a combination of a decorative
fence and landscaping, and approved by the Historic Preservation Commission.
Architectural Guidelines for New Outbuildings
Building Styles
New outbuildings behind contributing primary structures should reflect the style of the primary structure. New outbuildings behind
noncontributing primary structures should reflect historic outbuilding styles in the neighborhood.
Garage Doors
Garage doors should be simple in design. Smooth or simple panel-type garage doors may be used. Garage door openings should be
trimmed to match other doors and windows in the building. Single-stall garage doors are preferred to double-stall garage doors.
Architectural Guidelines for New Primary Structures
Building Styles
Architectural style is a defining characteristic for historic and conservation districts. A new primary structure should reflect the historic
styles of its neighborhood. Although new construction may adapt and mix some elements of different styles, a single style should dictate
the height and mass, rooflines, fenestration, and overhangs for the new building. Please refer to the section entitled "Amhitectural Styles in
Iowa City" for examples of historic building styles. In the College Hill Neighborhood, a new building should reflect Italianate, Colonial
Revival, Queen Anne, Vernacular, Craftsman, Foursquare, or Eclectic style.
Building Height and Mass
New single-family houses or duplexes shall be one-and-a-half, or two stories in height.
On College Street only: New single-family houses and duplexes shall be two stories in height.
Roof lines
Rooflines should follow one of the historic building styles identified as appropriate for this district.
Dormers
Dormers must be in propodion to the roof's overall size. Cumulatively, they should interrupt the roof plane in which they are located no
more than one third of the length of that roofimeasured at the eave. They should be no closer than 3 feet to an existing gable end or hip.
The face of the dormer should be narrow, rather than wide, and be composed primarily of window area. Dormers in new construction
should have roof pitches similar to the pitch of the main roof.
Overhangs
New construction should include overhangs appropriate to the historic style guiding the overall design of the building.
Windows/Fenestration
Window placement on the fa(~ade a new building should follow patterns established by contributing structures within the district. Window
shape and placement must be consistent with other elements of the building style of the new structure. Long wall spaces without windows
are inappropriate. Small decorative windows in the attic level of front gable ends are encouraged. Window trim shall be between three to
four inches in width. Shutters are discouraged.
In historic districts only: Windows must be double-hung or fixed-sash with an appearance and profile similar to those windows original to
the district. Window design should be appropriate to the building style.
Doors
Exterior doors on front or side elevations of new single and duplex structures must include half or full lights and/or raised panel
construction in keeping with the historic building style of the new structure. Sliding patio doors are uncharacteristic of any of the historic
styles of the neighborhood and may be used only on roar elevations in conservation districts.
in historic districts only: Sliding patio doors may not be used. Other more appropriate door styles that accommodate large glass area are
available.
Porches and Balconies
Single-story, coverod front porches are a key element in the College Hill neighborhood. New single-family and duplex structuros should
include a porch typical for the style of the house. Front porches must be roofed and supported with posts or pillars of appropriate
dimensions. They may be partially screened or unscroened, but shall not be entirely enclosed with walls and/or windows. Porch flooring
should be vertical-grained fir porch flooring. Posts and other accents may be wood or other durable material that accepts paint. Where a
spindled railing is used, there must be a top and bottom rail and the spindles must be centerod on the horizontal rails. If the space below
the porch floor and above the grade is groater than 24 inches, the porch must be skirted with lattice or grilles.
In the conservation district only: Dimensional lumber may be used, but the gaps between the floorboards should not exceed one-eighth
inch.
In the conservation district only: Pourod concrete floors are permitted within conservation districts provided that the porch floor is not moro
than 18 inches above grade.
In the conservation district only: Porches on rear elevations need not reproduce historic details.
Balconies
Balconies that protrude from the walls of buildings without vertical support were not common in the Longfellow neighborhood, and should
not be included on the front or sides of buildings. If second-story porches are included, they must be placed above first-story porches or
first-floor interior spaces.
Wood Substitutes
Substituting a material in place of wood is acceptable only if the substitute material retains the appearance and function of the original
wood. The substitute material must be durable, accept paint, and be approved by the Historic Preservation Commission.
Siding
Horizontal siding like clapboards or cedar shingles are the preferred cladding materials for new buildings. Wood products for siding include
shakes, shingles, and painted horizontal clapboard siding from three to six inches in width. Fibrous cement siding is an acceptable
substitute for wood siding.
Brick was sometimes used in the College Hill neighborhood and may be an acceptable siding material where historic brick buildings are
nearby. Synthetic masonry surfaces such as artificial stone aro not acceptable.
In the conservation district only: Synthetic siding may be used on new structures and on noncontributing structures.
Prepared by: Shelley McCafferty, Assoc. Planner, 410 E. Washington Street, Iowa City, la 52240; 319-356-5243 (REZ03-00001)
ORDINANCE NO. 03-4078
AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM NEIGHBORHOOD CONSERVATION
RESIDENTIAL, (RNC-12), TO OVERLAY HISTORIC PRESERVATION, (OHP/RNC-12), DESIGNATING
THE PROPERTY LOCATED AT 30 SOUTH GOVERNOR STREET AS AN IOWA CITY HISTORIC
LANDMARK.
WHEREAS, the Iowa City Historic Preservation Commission has flied with the City a nomination for the
designation of said property as an Iowa City Historic Landmark; and
WHEREAS, the Historic Preservation Commission has reviewed and evaluated the significance of the
building located on said property and has determined that it meets the requirements for designation as an
Iowa City Historic Landmark; and
WHEREAS, at its public hearing on December 12, 2002 the Historic Preservation Commission
nominated the subject property for designation as an Iowa City Historic Landmark; and
WHEREAS, at its meeting of February 20, 2003, the Planning and Zoning Commission recommended
approval of the proposed landmark nomination; and
WHEREAS, the State Historical Society of Iowa has reviewed said nomination and concurs with the
assessment of the Historic Preservation Commission that the subject property meets the criteria for
designation as a historic landmark; and
WHEREAS, the designation of the subject property would be consistent with the goals and objectives of
the City's Historic Preservation Plan, which is an amendment to the City's Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The following described property is hereby designated as an Iowa City
Historic Landmark pursuant to Title 14, Chapter 4, Land Control and Development, ,Article C, Historic
Preservation Regulations:
Governor Square W 116' of S 100'
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance as provided by law.
SECTION Ill. CERTIFICATION AND RECORDING Upon passage and approval of the Ordinance,
the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same
at the office of the County Recorder of Johnson County, Iowa, ail 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 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 DATF. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this 2Othday of I~a.y ,2003.
Ordinance No. 03-4078
ATTEST: ~.~.,%.2.,_, [.%.~ I:~'~'~t~ .a
DEPUTY CITY CL'EP,~ '
Approved by
City Attorney's Off~ce
S hared/'pcd/histpres/camegie libra~,/REZOlq3009
Ordinance No, 03-4078
Page 3
It was moved by Champion and seconded by O' Donnel 1 that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
X . Champion
X Kanner
~ Lehman
X O'Donnell
X Pfab
Vanderhoef X
X Wilbum
First Consideration 4/22/03
Voteforpassage: AYES: O'Donnel],' Pfab, Wi]burn, Champion, Kanner, Lehman,
NAYS: None. ABSENT: None. ABSTAIN: Vanderhoef.
Second Consideration 5/6/03
Voteforpassage: AYES: Wilburn, Champion, Kanner, Lehman, O'Donne]]. NAYS: Nbtle.
ABSENT: Pfab. ABSTAIN: Vanderhoef.
Date published 5/28/03
Prepared by: Shelley McCafferty, Assoc. Planner, 410 E. Washington Street, iowa City, IA 52240; 319-356-5243 (REZ03-00002)
ORDINANCE NO. 03-4079
AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM NEIGHBORHOOD CONSERVATION
RESIDENTIAL, (RNC-20), TO OVERLAY HISTORIC PRESERVATION, (OHP/RNC-20), DESIGNATING
THE PROPERTY LOCATED AT 802 WASHINGTON STREET AS AN IOWA CITY HISTORIC
LANDMARK.
WHEREAS, the Iowa City Historic Preservation Commission has filed with the City a nomination for the
designation of said property as an Iowa City Historic Landmark; and
WHEREAS, the Historic Preservation Commission has reviewed and evaluated the significance of the
building located on said property and has determined that it meets the requirements for designation as an
Iowa City Historic Landmark; and
WHEREAS, at its public hearing on December 12, 2002 the Historic Preservation Commission
nominated the subject property for designation as an Iowa City Historic Landmark; and
WHEREAS, at its meeting of February 20, 2003, the Planning and Zoning Commission recommended
approval of the proposed landmark nomination; and
WHEREAS, the State Historical Society of Iowa has reviewed said nomination and concurs with the
assessment of the Historic Preservation Commission that the subject property meets the criteria for
designation as a historic landmark; and
WHEREAS, the designation of the subject property would be consistent with the goals and objectives of
the City's Historic Preservation Plan, which is an amendment to the City's Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The following described property is hereby designated as an Iowa City
Historic Landmark pursuant to Title 14, Chapter 4, Land Control and Development, .Article C, Historic
Preservation Regulations:
Original Town of Iowa City S 87.5' of Lot 5 Block 3 & W 20.79' of S 87.5' Lot 6 Block 3
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance as provided by law.
SECTION III. CERTIFICATION AND RECORDING Upon passage and approval of the Ordinance,
the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same
at the office of the County Recorder of Johnson County, Iowa, all 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 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 DATF This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this 20thday of Nay ,2003.
Ordinance No. 03-4079
Page 2
A~I-EST:
DEPUTY CITY CL~ '
~proved by
S haredJpcd/histpres/ca megie librar~/REZ01 ~OOg
Ordinance No. 03-4079
Page, 3
It was moved by Pfab and seconded by Champion that the Ordinance
as read be adopted, and upon roll call thero were:
AYES: NAYS: ABSENT: ABSTAIN:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
Vanderhoef X
X Wilbum
First Consideration 4/22/03
Voteforpassage: AYES: Pfab, Wilburn, Champion, Kanner, Lehman, 0'Donne]l.
NAYS: None. ABSENT: None. ABS~AIN:Vanderhoef.
Second Consideration 5/6/03
Voteforpassage:AYES: Champion, Kanner, Lehman, O'Donnell, Wilburn. NAYS: None.
ABSENT: Pfab. ABSTAIN: Vanderhoef.
Date published 5/28/03
Prepared by: Shelley McCafferty, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ03-00003)
ORDINANCE NO. 03-4080
AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM NEIGHBORHOOD CONSERVATION
RESIDENTIAL, (RNC-20), TO OVERLAY HISTORIC PRESERVATION, (OHP/RNC-20), DESIGNATING
THE PROPERTY LOCATED AT 726 IOWA AVENUE AS AN IOWA CITY HISTORIC LANDMARK.
WHEREAS, the Iowa City Historic Preservation Commission has filed with the City a nomination for the
designation of said property as an Iowa City Historic Landmark; and
WHEREAS, the Historic Preservation Commission has reviewed and evaluated the significance of the
building located on said property and has determined that it meets the requirements for designation as an
Iowa City Historic Landmark; and
WHEREAS, at its public hearing on December 12, 2002 the Historic Preservation Commission
nominated the subject property for designation as an Iowa City Historic Landmark; and
WHEREAS, at its meeting of February 20, 2003, the Planning and Zoning Commission recommended
approval of the proposed landmark nomination; and
WHEREAS, the State Historical Society of Iowa has reviewed said nomination and concurs with the
assessment of the Historic Preservation Commission that the subject property meets the criteria for
designation as a historic landmark; and
WHEREAS, the designation of the subject property would be consistent with the goals and objectives of
the City's Historic Preservation Plan, which is an amendment to the City's Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The following described property is hereby designated as an Iowa City
Historic Landmark pursuant to Title 14, Chapter 4, Land Control and Development, Adicle C, Historic
Preservation Regulations:
Original Town of Iowa City E 30' Lot 7 & W 30' Lot 8 Block 19
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance as provided by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance,
the City Clerk is hereby authorized and directed to certity a copy of this ordinance and to record the same
at the office of the County Recorder of Johnson County, Iowa, all 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 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 provided by law.
Passed and approved this 20t~layof Ha,¥ ,2003.
Ordinance No. 03-4080
Page 2
ATTEST:
BEPUTY CITY CLEi~I~
S ha re~'pcd/hist pres/ca megie libra ~,/REZO 1~009
Ordinance No. 03-4080
Page 3
It was moved by. Wi 1 burn and seconded by O' Donne11 that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTA ! N:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
Vanderhoef X
X Wilbum
First Consideration 4/22/03
Vote for passage: AYES: Wilburn, Champion, Kanner, Lehman, O'Donnell, Pfab.
NAYS: None. ABSENT: None. ABSTATN: Vanderhoef.
Second Consideration 5/6/03
Voteforpassage:AYES: Kanner, Lehman, O'Donnell, Wilburn, Champion. NAYS: NOne.
ABSENT: Pfab. ABSTAIN: Vanderhoef,
Date published 5/28/03
05-20-037 I
Prepared by: Eleanor M. Dilkes, City Attomey, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE REPEALING CHAPTER 7, "SMOKING IN FOOD ESTABLISHMENTS", OF TITLE
6, "PUBLIC HEALTH", OF THE CITY CODE.
WHEREAS, as a result of the Iowa Supreme Court's decision in James Enterprises, Inc. vs. City of
Ames, issued on May 7, 2003, Iowa City's ordinance prohibiting smoking in certain food establishments is
inconsistent with State law and unenfomeable.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Chapter 7, "Smoking in Food Establishments", of Title 6, "Public Health", of
the City Code is hereby repealed.
SECTION I1. REPEALER. All ordinances and parts of ordinar~ces in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION II1. 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, prevision 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.
Passed and approved this day of ,20
MAYOR
AI-I'EST:
CITY CLERK
Al~oved by
City Attorney's Office
eleanor/ord/~e6chap7repeai.doc
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:
Champion
Kanner
Lehman
O'Donnell
Pfab
. Vanderhoef
. Wilbum
First Consideration 5 / 20 / 03
Vote for passage: AYES: Pfab, Vanderhoef, Nilburn, Champion, Kanner,Lehman,
O':,Donnell, NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
410 EAST WASHINGTON STREET, IOWA CITY, IA 52240
~.~_~_~ ,n~,.~, (319) 356-5275 FAX # (319) 356-5449
~ "AnAccreditedPoliceDepartment"
To: Steve Atkins Al ~
From: Rj Winkelhake (.j~
Ref: Tobacco Complianc' e
The attached five pages reflect the results of the tobacco compliance checks
which have been done in Iowa City. Between 1999 and to date a total of 578
checks have been made. On 101 occasions the retailers sold to the underage
person who attempted to purchase tobacco products. The compliance rate for
the time covered by the report is 17.4%. The compliance rate for 2003 to date
is 12%.
The civil penalties that have resulted from the compliance checks are $19,800
plus six thirty-day suspensions. Andy Chappell, of the Johnson County
Attorneys Office has been very helpful in the efforts he has made in the area
of the civil penalties. If you have questions about the compliance check data
please advise.
TO: Chief Winkelhake
FROM: Det. Gass
SUBJECT: Tobacco Compliance Rates
DATE: May 11, 2003
Here's the information on our compliance rates:
1999 101 checks 16 sales 15.8% non-compliance
2000 81 checks 13 sales 16% non-compliance
2001 233 checks 56 sales 24% non-compliance
2002 87 checks 7 sales 8% non-compliance
2003 76 checks 9 sales 12% non-compliance (to date)
FYI, in 2001 18% of retailers statewide were found non-compliant. This represented a
63% improvement from 2000. In 2002, 12% statewide were found non-compliant.
CITY OF IOWA CITY
TOBACCO CIVIL PENALTY ENFORCEMENT
PURSUANT TO IOWA CODE § 453A.22
Retailer Jurisdiction Civil PenalW Date of Charge Date of Conviction Date of Council Comment
& Case Number Action
A & J Mini Mart, inc. Iowa City 02.13.03 03.26.03 Expected
STIC118625 05.20.03
A & J Mini Mart, inc. Iowa City $300 02.26.01 03.15.01 06.26.01
A & J Mini Mart, Inc. Iowa City $300 05.16.01 06.05.01 01.22.02 Treated as a second "first violation" because it occurred
STIC107005 prior to action being taken on first violation
A & J Mini Mart, inc. Iowa City 30-Day Suspension 10.24.01 I 1.27.01 03.19.02
STIC126938
AAJAXXX Liquor Store, Inc. Iowa City $300 10.24.01 03.06.02 05.07.02
ST1C 126942
Atlas World Grill Iowa City $300 12.10.01 12.21.01 05.21.02
City News & Books Iowa City $300 05.20.01 05.21.01 09.11.01
STIC126933
City News & Books Iowa City 30-Day Suspension 10.24.01 11.20.01 04.02.02
STIC126940
College Street Oasis Iowa City $300 02.26.01 03.22.0I 07.31.01
College Street Oasis Iowa City $300 05.16.01 06.04.01 01.22.02 Treated as a second "first violation" because it occurred
STICI07008 prior to action being taken on first violation
Dave's Fox Head Tavern lowa City $300 03.18.03 04.08.03 05.06.03
STIC136303
Deadwood Tavern Iowa City $300 03.03.01 03.19.01 07.31.01
Deadwood Tavern Iowa City $300 05.16.01 05.21.01 02.05.02 Treated as a second "first violation" because it occurred
STIC107007 prior to action being taken on first violation
Deadwood Tavern Iowa City 30-Day Suspension 10.24.0I 12.11.01 04.02.02
STIC126941
Deli Mart Iowa City $300 10.24.01 11.01.01 04.02.02
STIC126936
Deli Mart #2 Iowa City 02.13.03 Charge Pending
STIC 118620
Deli Mart #2 Iowa City $300 10.24.01 11.29.01 03.19.02
STIC126937
Deli Marl #2 Iowa City 0401.03 Charge Pendin~
STIC136305
Deli Mart #5 Iowa City $300 10.24.01 11.20.01 03.19.02
STIC126935
Drugtown Iowa City $300 05.16.01 06,18.01 01.22.02
STICI07004
Eagle Food Center #157 Iowa City $300 10,24.01 11.26.01 03.19.02
STIC126939
Eagles Lodge - Social Room Iowa City $300 05.16.01 05.24.01 09.11.01
STIC107003
Gabe's Iowa City $300 04.04.01 04.05.01 07.31.01
STIC107001
Gasby's Iowa City $300 02.26.01 03.22.01 07.10.01
STIC116126
Gasby's East Iowa City $300 02.13.03 03.13.03 05.06.03
STIC 118621
Handimart Iowa City $300 03.03.01 03.27.01 07.31.01
STIC 115626
Hartig Drug Company Iowa City $300 05.20.01 09.26.01 01.22.02
STIC126932
Hartig Drug Company iowa City $300 11.20.01 12.25.01 05.07.02 Treated as a second "first violation" because it occurred
STIC118603 prior to action being laken on first violation
Hawkeye Convenience Store Iowa City $300 11.20.01 11.26.01 03.19.02
Hemp Cat Iowa City $300 03.03.01 03.06.01 07.10.01
STIC116131
Hilltop Lounge Iowa City None 06.15.01 N/A N/A Employee found not guilty on criminal charge
STIC126934
Hilltop Sinclair lowa City None 05.17.01 N/A N/A Employee criminal charge dismissed
STIC126930
Hy-Vee Food Store Iowa City $300 05.17.01 06.05.01 01.22,02
(iq. Dodge) STIC 126929
Hy-Vee Food Store #1 iowa City $1500 02.13.03 03.13.03 05.06.03
(Waterfront) STiC I 18622
Hy-Vee Food Store #1 Iowa City $300 11.26.01 12.05.01 05.07.02
(Waterfront) STIC118605
K-Mag Iowa City $300 11.26.01 12.13.01 09.10.02
STIC 118604
Kum & Go Stores Iowa City $300 05.17.01 06.04.01 01.22.02
STIC126931
Kum & Go Stores #51 Iowa City $1500 02.13.03 02.28.03 05.06.03
(323 E, Burlington) STIC118624
Kum & Go Stores #51 Iowa City $300 04.24.01 05.17.02 09.10.02
(323 E. Burlington) STIC118615
Kum & Go Stores #52 Iowa City $300 02.13.03 03.14.03 05.06.03
(25 W. Burlington) STIC118623
Kuru & Go Stores//53 Iowa City 02.17.03 Charge Pending
(955 Mormon Trek) STIC136905
L & M Mighty Shop, Inc. Iowa City $300 11.26.01 12.13.01 04.16.02
STIC 118606
Malone's Iowa City $300 03.03.01 03.21.01 07.31.01
Martini's Iowa City None 03.03.01 N/A N/A Employee found not guilty on criminal charge
STIC116130
Memories Iowa City None 03.03.01 N/A N/A Employee found not guilty on criminal charge
STIC112129
Morgan's Iowa City $300 03.03.01 03.23.01 07.31.01
ST1C116129
Mumm's Saloon and Eatery Iowa City $300 12.07.01 01.10.02 04.02.02
STIC 118609
North Dodge Express Iowa City 30-Day Suspension 05.22.02 06.10.02 10.08.02
North Dodge Express Iowa City $300 12.07.01 01.09.02 04.02.02
STIC118610
Osco Drug Store Iowa City $300 05.07.01 05.31.01 05.31.01
STIC107012
Osco Drag Store Iowa City 30-Day Suspension 12.10.01 12.21.01 04.16.02
Outer Limits of Iowa City Iowa Ciiy $300 03.03.01 06.12.01 09.25.01
STIC115630
Paul's Discount Iowa City $300 05.17.01 05.24.01 09.11.01
STIC107009
Peaceful Fool lowa City $300 04.01.03 04.18.03 05.06.03
STIC 136304
Petro & Provisions Iowa City $300 12.07.01 01.08.02 05.07.02
STIC 118608
Plamor Bowling Inc. Iowa City $300 03.03.01 03.14.01 07.31.01
STiC115628
Quinton's Bar & Deli Iowa City $300 05.17.01 05.31.01 02.05.02
STICI07013
Russ' Amoco Service Iowa City $300 I 1.26.01 12.07.01 05.07.02
SIICI 18607
Suburban Amoco Iowa City $300 03.03.01 03.27.01 07.10.01
ST1C 115627
Suburban Amoco Iowa City $300 05.17.01 05.31.01 01.22.02 Treated as a second "first violation" because it occurred
STIC107011 prior to action being taken on first violation
Suburban Amoco - Keokuk Iowa City 30-Day Suspensirm 05.20.02 07.09.02 10.08.02
S~reet STIC118618
Suburban Amoco - Keokuk Iowa City $300 03.03.01 04.09.01 07.31.01
Street STIC115629
Suburban Amoco - Keokuk Iowa Ci~ $300 05.17.01 05.31.01 01.22.02 Treated as a second "first violation" because it occurred
Street STIC107010 prior to action being taken on first violation
The Airliner Iowa City 03.18.03 04.08.03 Expected
STIC136905 05.20.03
The Airliner Iowa CiE/ $300 05.16.01 06.07.01 09.11.01
STIC107006
The Mill lowa City $300 04.04.01 05.16.01 07.31.01
STIC107002
The Old Market Place iowa City $300 12.14.01 0 I. 14.02 06.11.02
The Q Bar Iowa City $300 03.18.03 04.08.03 05.06.03
STIC136302
The Q Bar Iowa City None 03.03.01 N/A N/A Employee criminal charge dismissed
STiC115632
The Sanctuapd Iowa City $300 12.14.01 0 I. 15.02 06.11.02
Restaurant & Pub STIC118614
The Summit iowa City $300 05.20.02 07.28.02 10.08.02
The Tobacco Bowl Iowa City $300 05.20.02 07.01.02 09.10.02
Tobacco Outlet Plus #537 Iowa City $300 02.17.03 03.13.03 05.06.03
(Riverside Drive) STIC136906
Wal-Mart (Store No. 1721) iowa City $300 03.03.01 05.16.01 07.31.01
STIC115631
Prepared by Andy Chappell, Assistant County Altomey
Current as of May 7, 2003
DesMoinesRegister.com ] Opinion Page 1 of 2
r o Register
~ Make us your h
Search:t Clive i
Opinion · ~dito~Ms
,..o..,. Editorial: Let cities ban smo ng (or not)
~ns in r~urants might not be wise, but towns should
~ ~e~ have the authori~.
~ ~po_~ By Reqis~r EdRo~al Boa~
~ Busi~ss 05/10~003 , E~
, L~ ~e Iowa Supr~e C~ffs ruling ~at cities c~not b~ smo~ng in b~s ~d
res~ts r~s~ a pack of legs ~d polific~ issues, the,
~ Ente~inment
We'll li~t "em up, one at a ~me. , Su
~ Mark~place
First, don't blue ~e sev~ jus~ces who ml~ un~imously ~at ~es
~ He~p c~not b~ smo~ng in 1~ es~lis~ents. The c~A simply re~ ~e plsn
lan~age of state law.
~at law, ena~ed in 1987, b~n~ smo~ng in "public pla~s," incluSng
b~ and re~ur~ts sea~ng more ~an 50. ~opfi~ors, however, have
option of establishing smo~ng ~eas.
~e law g~s on to ~y ~at the ~te law sup~s~es y l~ law or
re~la~on which is in~nsistent ~" ~e state law. It is wo~ noting ~at
· e Le~slamre ~ded ~e offenSng s~on just ~ ye~ ago, about
~me a numb~ of Iowa cities be~ consid~ng to~ b~s.
Besides off, ding ~ose who ~joy cl~ ind~r St, ~at 1990 provision is
~ offen~ agsnst the id~ of 1~ gove~ents ha~ng the ~t to s~ 1~
s~d~ds ev~ if~ey ~e touter th~ state stand,ds.
~e Municip$ Home Rule ~endm~t to ~e Iowa Constitution, ra~fi~ in
1968, ~p~s~ly releas~ Iowa cities ~d to~s from ~e iron ~p of state
consol. The Le~slamm, however, has st~dily reass~ ~n~ol, Tying
h~ds of ci~es on smo~ng is just one ex~ple; re~sing to Slow ~untes to
~y wh~e hog confin~ may be l~at~ is ~o~er.
http://desmoinesregister.com/opinion/stories/c2125555/21219227.html 5/12/2003
DesMoinesRegister.com I Opinion Page 2 of 2
In the interest of home rule, the Legislature should back off and allow
communities to decide for themselves whether they want to impose a
stricter standard on smoking than the state.
Whether cities should do that is a tougher question.
Should they ban the use of a legal product in establishments that customers
are free to patronize or shun7
The question is complicated by the plight of the hapless employee exposed
to the health risk associated with secondhand smoke while waiting tables or
tending bar. Civil suits and workers" compensation actions are a better tool
to deal with that issue, however, than a total ban on smoking.
Otherwise, this issue should be resolved in the marketplace. As long as
people are free to choose to smoke, private entrepreneurs should be free to
invite smokers into their establishments along with non-smokers who are
willing to tolerate the odor - at the risk of driving away those customers
who insist on clean air.
One Ames restaurateur quoted this week said he intends to continue to ban
smoking in his cafe, despite the court decision. But now it's his decision, not
one imposed by six members of the city council.
~ Make u',
] MORTGAGE
http://desmoinesregister.com/opinion/stories/c2125555/21219227.html 5/12/2003
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 00-
3947, PROVIDING THAT GENERAL PROPERTY TAXES
LEVIED AND COLLECTED EACH YEAR ON ALL
PROPERTY LOCATED WITHIN THE AMENDED
SYCAMORE AND FIRST AVENUE URBAN RENEWAL
AREA OF THE CITY OF IOWA CITY, COUNTY OF
JoHNsoN, STATE OF IOWA, BY AND FOR THE
BENEFIT OF THE STATE OF IOWA, CITY OF IOWA
CITY, COUNTY OF JOHNSON, IOWA CITY
COMMUNITY SCHOOL DISTRICT, AND OTHER
TAXING DISTRICTS, BE PAID TO A SPECIAL FUND
FOR PAYMENT OF PRINCIPAL AND INTEREST ON
LOANS, MONIES ADVANCED TO AND
INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO
BE ISSUED, INCURRED BY SAID CITY IN
CONNECTION WITH THE AMENDED SYCAMORE
AND FIRST AVENUE URBAN RENEWAL
REDEVELOPMENT PROJECT
WHEREAS, the City Council of the City of Iowa City, Iowa has heretofore, in
Ordinance No. 00-3947, provided for the division of taxes within the Sycamore and First
Avenue Urban Renewal Project Area, pursuant to Section 403.19 of the Code Of Iowa;
and
WHEREAS, additional territory now has been added to the Sycamore and First
Avenue Urban Renewal Project Area; and
WHEREAS, indebtedness has been incurred by the City, and additional
indebtedness is anticipated to be incurred in the future, to finance urban renewal project
activities within the amended Sycamore and First Avenue Urban Renewal Project Area,
and the continuing needs of redevelopment within the amended Sycamore and First
Avenue Urban Renewal Project Area are such as to require the continued application of
the incremental tax resources of the amended Sycamore and First Avenue Urban Renewal
Project Area; and
WHEREAS, the following enactment is necessary to accomplish the objectives
described in the premises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, THAT:
Ordinance Number 00-3947 is hereby amended to read as follows:
Section 1: For purposes of this Ordinance, the following terms shall have the
following meanings:
(a) Original Project Area shall mean that portion of the City of Iowa City,
Iowa described in the Urban Renewal Plan for the Sycamore and First Avenue
Urban Renewal Area approved by Resolution No.00-295 on
August 15, 2000, which Original Project Area includes the lots and parcels located
within the area legally described as follows:
Consisting of a tract of land described as follows:
Commencing at the Southeast comer of the Northeast quarter of 'Section 23,
Township 79N, Range 6W, in accordance with the Records of the Johnson
County Auditor's OtT~ce; thence West along the South line of the Northeast
quarter of Section 23 to the Southwest comer of the Northeast quarter of
Section 23; thence 33 feet to a point perpendicular on the Western Right-of-
Way line of Sycamore Street, thence Northerly along said Right-of-Way
line to the intersection of the Western Right-of-Way line of Sycamore
Street and the Northern Right-of-Way line of U.S. Highway 6, which is the
Point of Beginning.
Thence Northerly along the Western Right-of-Way line of Sycamore Street
to the Southeastern comer of Johnson County Auditor's Parcel 10-14-386-
003, thence 66 feet to a point perpendicular on the Eastern Right-of-Way
line of Sycamore Street; thence Northerly along the Eastern Right-of-Way
line of Sycamore Street to the Northwestern comer of Johnson County
Auditor's Parcel 10-14-457-004; thence Easterly 147.61 feet to an angle
point of said Parcel; thence Northeasterly 413.83 feet; thence Northerly
57.36 feet to the Southern Right-of-Way line of Lower Muscatine Road;
thence Northwesterly along the Southern Right-of-Way line of Lower
Muscatine Road to a point perpendicular 33 feet from the Western comer of
Johnson County Auditor's Parcel 10-14-452-004; thence Northeasterly
256.82 feet to the Northern comer of said parcel; thence Southeasterly 40
feet to the Eastern comer of said parcel; thence Northeasterly along the
property line of Johnson County Auditor's Parcel 10-14452-002 to its
Northern comer; thence Southeasterly 150 feet along the property line of
said parcel to its Eastern comer; thence Southwesterly 224.9 feet to the
intersection of said parcel's Southern comer and the Northern Right-of-
Way line of Lower Muscatine Road.
Thence Southeasterly along the Northern Right-of-Way line of Lower
Muscatine Road to the Northern Right-of-Way line of Mall Drive; thence
Northeasterly 1533.09 feet along the Northern Right-of-Way line of Mall
Drive to the Southern Right-of-Way line of the Iowa Interstate Railroad;
thence Southeasterly along said Right-of-Way line to its intersection with
the Eastern line of Section 14.
Thence South along the Eastern line of Section 14 to it's intersection with
the Eastern Right-of-Way line of First Avenue; thence Southwesterly along
said Right-of-Way line to the Western comer of Johnson County Auditor's
Parcel 10-13-353-003; thence Easterly to the Eastern line of Section 14;
thence South along the Eastern line of Section 14 to the Northwest comer
of Johnson County Auditor's Parcel 10-13-353-002; thence Easterly 176
feet to the Eastern property line of said parcel; thence Southwesterly along
the Eastern property line of Parcel 10-13-353-002 to it's Southeast comer;
thence Northwesterly to the Eastern line of Section 23; thence South along
the Eastern line of Section 23 to the Southeast comer of the Johnson
County Auditor's Parcel described as 10-23-103,001 through 029, then
Southwesterly 988.76 feet to the Northern Right-of-Way line of Lower
Muscatine Road, crossing said Right-of-Way line to the intersecting point
of the Southern Right-of-Way line of Lower Muscatine Road and the
Northeastern comer of Johnson County Auditor's Parcel number 10-23-
105-003; thence Southwesterly 157.9 feet to the Northern Right-of-Way
line of U.S. Highway 6; thence Northwesterly 307.82 feet to the
intersection of the Northern Right-of-Way line of U.S. Highway 6 and the
Eastern Right-of-Way line of First Avenue; projecting across the First
Avenue Right-of-Way along the Northern Right-of-Way line of U.S.
Highway 6 to the intersection of the Western Right-of-Way line of First
Avenue and the Northern Right-of-Way line of U.S. Highway 6; thence
Westerly along the Northern Right-of-Way line of U.S. Highway 6 a
distance of 1123.13 feet to its intersection with the Eastern Right-of-Way
line of Sycamore Street, projecting across the Sycamore Street Right-of-
Way along the Northern Right-of-Way of U.S. Highway 6 to the
intersection of the Western Right-of-Way line of Sycamore Street and the
Northern Right-of-Way line of U.S. Highway 6, to the Point of Beginning.
Said parcel contains approximately 61 acres;
(b) Amendment No. 1 Area shall mean that portion of the City of Iowa
City, Iowa described in Amendment No. 1 to the Urban Renewal'Plan for the
Sycamore and First Avenue Urban Renewal Area approved by Resolution No.
. on May 20, 2003, which Amendment No; 1 Area includes the lots and
parcels located within the area legally described as follows:
Commencing at the northeast corner of Mall Drive Subdivision, which is the point
of beginning. Thence northwesterly along the southern boundary of the Iowa
Interstate Railway, to the northeast comer of Lafferty subdivision. Thence
southerly along the eastern boundary of Lafferty Subdivision, to the centerline of
Lower Muscatine Road. Thence southeasterly along said centefline of Lower
Muscatine Road to a point on an extension of the westerly right-of-way of
Sycamore Street. Thence southerly along said westerly fight-of-way of Sycamore
Street to the southeast corner of Johnson County Auditor Parcel #10-14-386-003;
thence 66 feet to a point perpendicular on the eastern right-of-way line of
Sycamore Street; thence northerly along the eastern right-of-way line of Sycamore
Street to the northwestern corner of Johnson County Auditor's Parcel 10-14-457-
004; thence easterly 147.61 feet to an angle point of said Parcel; thence
northeasterly 413.83 feet, thence northerly 57.36 feet to the southern right-of-way
line of Lower Muscatine Road; thence northwesterly along the southern fight-of-
way line of Lower Muscatine Road to a point perpendicular 33 feet from the
western corner of a parcel formerly known as Johnson County Auditor's Parcel
#10-14-452-004; thence northeasterly 223.82 feet to the northern corner of said
parcel; thence southeasterly 40 feet to the eastern corner of said parcel; thence
northeasterly along the property line of said parcel formerly known as Johnson
County Parcel #10-14-452-002 to its northern comer; thence southeasterly 150
feet along the property line of said Parcel to its eastern comer; thence
southwesterly 224.9 feet to the intersection of said Parcel's southern corner and the
northern right-of-way line of Lower Muscatine Road. Thence southeasterly along
the northern right-of-way line of Lower Muscatine Road to the northern fight-of-
way line of Mall Drive; thence northeasterly 1,533.09 feet along the northern
fight-of-way line of Mall Drive to the southern fight-of-way line of the Iowa
Interstate Railroad, which is the point of beginning.
Said parcel contains approximately 51 acres.
(c) Amended Project Area shall mean that portion of the City of Iowa City,
Iowa included within the Original Project Area and the Amendment No. 1 Area,
which Amended Project Area includes the lots and parcels located within the area
legally described as follows:
Consisting ora tract of land described as follows:
Commencing at the Southeast comer of the Northeast quarter of Section 23,
Township 79N, Range 6W, in accordance with the Records of the Johnson
County Auditor's Office; thence West along the South line of the Northeast
quarter of Section 23 to the Southwest comer of the Northeast quarter of
Section 23; thence 33 feet to a point perpendicular on the Western Right-of-
Way line of Sycamore Street, thence Northerly along said Right-of-Way
line to the intersection of the Western Right-of-Way line of Sycamore
Street and the Northern Right-of-Way line of U.S. Highway 6, which is the
Point of Beginning.
Thence Northerly along the Western Right-of-Way line of Sycamore Street
to the Southeastern comer of Johnson County Auditor's Parcel 10-14-386-
003, thence 66 feet to a point perpendicular on the Eastern Right-of-Way
line of Sycamore Street; thence Northerly along the Eastern Right-of-Way
line of Sycamore Street to the Northwestern comer of Johnson County
Auditor's Parcel 10-14-457-004; thence Easterly 147.61 feet to an angle
point of said Parcel; thence Northeasterly 413.83 feet; thence Northerly
57.36 feet to the Southern Right-of-Way line of Lower Muscatine Road;
thence Northwesterly along the Southern Right-of-Way line of Lower
Muscatine Road to a point perpendicular 33 feet from the Western comer of
Johnson County Auditor's Parcel 10-14-452-004; thence Northeasterly
256.82 feet to the Northern comer of said parcel; thence Southeasterly 40
feet to the Eastern comer of said parcel; thence Northeasterly along the
property line of Johnson County Auditor's Parcel 10-14-452-002 to its
Northern comer; thence Southeasterly 150 feet along the property line of
said parcel to its Eastern comer; thence Southwesterly 224.9 feet to the
intersection of said parcel's Southern comer and the Northern Right-of-
Way line of Lower Muscatine Road.
Thence Southeasterly along the Northern Right-of-Way line of Lower
Muscatine Road to the Northern Right-of-Way line of Mall Drive; thence
Northeasterly 1533.09 feet along the Northern Right-of-Way line of Mall
Drive to the Southern Right-of-Way line of the Iowa Interstate Railroad;
thence Southeasterly along said Right-of-Way line to its intersection with
the Eastern line of Section 14.
Thence South along the Eastern line of Section 14 to it's intersection with
the Eastern Right-of-Way line of First Avenue; thence Southwesterly along
said Right-of-Way line to the Western comer of J0tmson County Auditor's
Parcel 10-13-353-003; thence Easterly to the Eastern line of Section 14;
thence South along the Eastern line of Section 14 to the Northwest comer
of Johnson County Auditor's Parcel 10-13-353-002; thence Easterly 176
feet to the Eastern property line of said parcel; thence Southwesterly along
the Eastern property line of Parcel 10-13-353-002 to it's Southeast comer;
thence Northwesterly to the Eastern line of Section 23; thence South along
the Eastern line of Section 23 to the Southeast comer of the Johnson
County Auditor's Parcel described as 10-23-103,001 through 029, then
Southwesterly 988.76 feet to the Northern Right-of-Way line of Lower
Muscatine Road, crossing said Right-of-Way line to the intersecting point
of the Southern Right-of-Way line of Lower Muscatine Road and the
Northeastern comer of Johnson County Auditor's Parcel number 10-23-
105-003; thence Southwesterly 157.9 feet to the Northern Right-of-Way
line of U.S. Highway 6; thence Northwesterly 307.82 feet to the
intersection of the Northern Right-of-Way line of U.S. Highway 6 and the
Eastern Right-of-Way line of First Avenue; projecting across the First
Avenue Right-of-Way along the Northern Right-of-Way line of U.S.
Highway 6 to the intersection of.the Western Right-of-Way line of First
Avenue and the Northern Right-of-Way line of U.S. Highway 6; thence
Westerly along the Northern Right-of-Way line of U.S. Highway 6 a
distance of 1123.13 feet to its intersection with the Eastern Right-of-Way
line of Sycamore Street, projecting across the Sycamore Street Right-of-
Way along the Northern Right-of-Way of U.S. Highway 6 to the
intersection of the Western Right-of-Way line of Sycamore Street and the
Northern Right-of-Way line of U.S. Highway 6, to the Point of Beginning.
Said parcel contains approximately 61 acres;
Commencing at the northeast comer of Mall Drive Subdivision, which is the point
of beginning. Thence northwesterly along the southern boundary of the Iowa
Interstate Railway, to the northeast comer of Lafferty subdivision. Thence
southerly along the eastern boundary of Lafferty Subdivision, to the centerline of
Lower Muscatine Road. Thence southeasterly along said centerline of Lower
Muscatine Road to a point on an extension of the westerly fight-of-way of
Sycamore Street. Thence southerly along said westerly fight-of-way of Sycamore
Street to the southeast comer of Johnson County Auditor Parcel # 10-14-386-003;
thence 66 feet to a point perpendicular on the eastern right-of-way line of
Sycamore Street; thence northerly along the eastern fight-of-way line of Sycamore
Street to the northwestern comer of Johnson County Auditor's Parcel 10-14-457-
004; thence easterly 147.61 feet to an angle point of said Parcel; thence
northeasterly 413.83 feet, thence northerly 57.36 feet to the southern fight-of-way
line of Lower Muscatine Road; thence northwesterly along the southern fight-of-
way line of Lower Muscatine Road to a point perpendicular 33 feet from the
western comer of a parcel formerly known as Johnson County Auditor's Parcel
# 10-14-452-004; thence northeasterly 223.82 feet to the northern comer of said
parcel; thence southeasterly 40 feet to the eastern comer of said parcel; thence
northeasterly along the property line of said parcel formerly known as Johnson
County Parcel #10-14-452-002 to its northern comer; thence southeasterly 150
feet along the property line of said Parcel to its eastern comer; thence
southwesterly 224.9 feet to the intersection of said Parcel's southern comer and the
northern fight-of-way line of Lower Muscafine Road. Thence southeasterly along
the northem right-of-way line of Lower Muscatine Road to the northern fight-of-
way line of Mall Drive; thence northeasterly 1,533.09 feet along the northern
right-of-way line of Mall Drive to the southern right-of-way line of the Iowa
Interstate Railroad, which is the point of beginning.
Said parcel contains approximately 51 acres.
Section 2: The taxes levied on the taxable property in the Amended Project Area,
legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of
Iowa City, County of Johnson, Iowa City Community School District, and all other
taxing districts from and after the effective date of this Ordinance shall be divided as
hereinafter in this Ordinance provided.
Section 3: As to the Original Project Area, that portion of the taxes which would
be produced by the rate at which the tax is levied each year by or for each of the taxing
districts taxing property in the Original Project Area upon the total sum of the assessed
value of the taxable property in the Original Project Area as shown on the assessment roll
as of January 1, 1999, being the first day of the calendar year preceding the effective date
of Ordinance No. 00-3947, shall be allocated to and when collected be paid into the fund
for the respective taxing district as taxes by or for said taxing district into which all other
property taxes are paid. The taxes so determined shall be referred herein as the "base
period taxes" for such area.
As to Amendment No. 1 Area, base period taxes shall be computed in the same
manner using the total assessed value shown on the assessment roll as of January 1, 2002,
being the assessment roll applicable to property in such area as of January 1 of the
calendar year preceding the effective date of this Ordinance.
Section 4: That portion of the taxes each year in excess of the base period taxes
for the Amended Project Area, determined for each sub-area thereof as provided in
Section 3 of this Ordinance, shall be allocated to and when collected be paid into the
special tax increment fund previously established by the City of Iowa City to pay the
principal of and interest on loans, monies advanced to, or indebtedness, whether funded,
refunded, assumed or otherwise, including bonds issued under authority of Section 403.9
or Section 403.12 of the Code of Iowa, incurred by the City of Iowa City, Iowa to finance
or refinance, in whole or in part, urban renewal projects undertaken within the Amended
Project Area pursuant to the Urban Renewal Plan, as amended, except that taxes for the
regular and voter-approved physical plant and equipment levy of a school district
imposed pursuant to Section 298.2, but only to the extent authorized in Section
403.19(2), and taxes for payment ofbo.nds and interest of each taxing district shall be
collected against all taxable property within the Amended Project Area without any
limitation as hereinabove provided.
Section 5: Unless or until the total assessed valuation of the taxable property in
the areas of the Amended Project Area exceeds the total assessed value of the taxable
property in said areas shown by the assessment rolls referred to in Section 3 of this
Ordinance, all of the taxes levied and collected upon the taxable property in the Amended
Project Area shall be paid into the funds for the respective taxing districts as taxes by or
for the taxing districts in the same manner as all other property taxes.
Section 6: At such time as the loans, monies advanced, bonds and interest thereon
and indebtedness of the City of Iowa City referred to in Section 4 hereof have been paid,
all monies thereafter received from taxes upon the taxable property in the Amended
Project Area shall be paid into the funds for the respective taxing districts in the same
manner as taxes on all other property.
Section 7: All ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed. The provisions of this Ordinance are intended and
shall be construed so as to continue the division of taxes from property within the
Original Project Area under the provisions of Section 403.19 of the Code of Iowa, as
authorized in Ordinance No. 00-3947, and to fully implement the provisions of Section
403.19 of the Code of Iowa with respect to the division of taxes from property within the
Amendment No. 1 Area as described above. In the event that any provision of this
Ordinance shall be determined to be contrary to law it shall not affect other provisions or
application of this Ordinance which shall at all times be construed to fully invoke the
provisions of Section 403.19 of the Code of Iowa with reference to the Amended Project
Area and the territory contained therein.
Section 8: This Ordinance shall be in effect after its final passage, approval and
publication as provided by law.
PASSED AND APPROVED this day of ,2003.
Mawr
ATTEST:
City Clerk
8
Read first time: 5/20/03
AYES: Wilburn Champion, Lehman, u'Donnell, PtaD, vanderhoef. NAYS: Kanner. ABSENT:
None.
Read second time:
Read third time:
PASSED AND APPROVED:
PUBLISHED:
DLILLEBO~365050\I\I0714.000
9
ORDINANCE NO.
AN ORDINANCE PROVIDING THAT GENERAL
PROPERTY TAXES LEVIED AND COLLECTED EACH
YEAR ON ALL PROPERTY LOCATED WITHIN THE
HIGHWAY 6 COMMERCIAL URBAN RENEWAL
PROJECT AREA, IN THE CITY OF IOWA CITY,
COUNTY OF JOHNSON, STATE OF IOWA, BY AND
FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF
IOWA CITY, COUNTY OF JOHNSON, IOWA CITY
COMMUNITY SCHOOL DISTRICT AND OTHER
TAXING DISTRICTS, BE PAID TO A SPECIAL FUND
FOR PAYMENT OF PRINCIPAL AND INTEREST ON
LOANS, MONIES ADVANCED TO AND
INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO
BE ISSUED, INCURRED BY SAID CITY IN
CONNECTION WITH SAID URBAN RENEWAL
REDEVELOPMENT PROJECT.
WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice
and hearing as prescribed by law and pursuant to Resolution No. passed and
approved on the 20th day of May, 2003, adopted an Urban Renewal Plan (the "Urban
Renewal Plan") for an urban renewal area known as the Highway 6 Commercial Urban
Renewal Project Area (the "Urban Renewal Project Area"), which Urban Renewal
Project Area includes the lots and parcels located within the area legally described as
follows:
Consisting of a tract of land described as follows:
Commencing at a point where the centerline of Cross Park Avenue and
Broadway Street intersect, which is the point of beginning. Thence
northerly along the centerline of Broadway Street to a point where the
extended southern boundary line of Braverman Center, Block 1, Lot 3
intersects. Thence northwesterly along said boundary line to a point on the
western boundary of said Lot 3. Thence northeasterly along said western
boundary to a point where the extended said boundary line intersects the
centerline of U.S. Highway 6. Thence northwesterly along the centerline
of U.S. Highway 6 to the Iowa River. Thence southerly along the east bank
-1-
of the river to a point on the centerline of the Cedar Rapids and Iowa City
Railway.
Thence northeasterly along said centerline to a point where said centerline
intersects with the centedine of Gilbert Street. Thence northeasterly to a
point where the eastern boundary of the Cedar Rapids and Iowa City
Railway intersects the eastern boundary of Gilbert Street. Thence continue
northeasterly along the southern parcel boundary dividing blocks 208 and
276 to a point where said parcel boundary intersects the western boundary
of Auditor's Parcel #98111. Thence northeasterly to a point where said
western boundary line meets the eastern boundary of Waterfront Drive
right-of-way. Thence westerly to a point on the centerline of Waterfront
Drive.
Thence continuing along the centerline of Waterfront Drive to a point
where it imersects the extended boundary line of Lot 1, Resubdivision of
Blocks 5 and 6, Braverman Subdivision. Thence easterly along the south
boundary of the lots abutting and south of Southgate Avenue to the
centerline of Keokuk Street. Thence southerly along the centerline of
Keokuk Street to a point where said centerline intersects the centerline of
Cross Park Avenue. Thence easterly along said centerline to the point of
beginning.
Said parcel contains approximately 212 acres;
WHEREAS, expenditures and indebtedness are anticipated to be incurred by the
City of Iowa City, Iowa in the future to finance urban renewal project activities carried
out in furtherance of the objectives of the Urban Renewal Plan; and
WHEREAS, the City Council of the City of Iowa City, Iowa desires to provide for
the division of revenue from taxation in the Urban Renewal Project Area, as above
described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as
amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That the taxes levied on the taxable property in the Urban Renewal
Project Area legally described in the preamble hereof, by and for the benefit of the State
of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District,
-2-
and all other taxing districts from and after the effective date of this Ordinance shall be
divided as hereinafter in this Ordinance provided.
Section 2. That portion of the taxes which would be produced by the rate at
which the tax is levied each year by or for each of the taxing districts upon the total sum
of the assessed value of the taxable property in the Urban Renewal Project Area, as
shown on the assessment roll as of January 1 of the calendar year preceding the 'first
calendar year in which the City of Iowa City certifies to the County Auditor the amount
of loans, advances, indebtedness, or bonds payable from the division of property tax
revenue described herein, shall be allocated to and when collected be paid into the fund
for the respective taxing district as taxes by or for the taxing district into which all other
property taxes are paid.
Section 3. That portion of the taxes each year in excess of the base period taxes
determined as provided in Section 2 of this Ordinance shall be allocated to and when
collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby
established, to pay the principal of and interest on loans, monies advanced to,
indebtedness, whether funded, refunded, assumed or otherwise, including bonds or
obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as
amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in whole or in
part, urban renewal projects undertaken within the Urban Renewal Project Area pursuant
to the Urban Renewal Plan, except that taxes for the regular and voter-approved physical
plant and equipment levy ora school district imposed pursuant to Section 298.2, but only
to the extent authorized in Section 403.19(2), and taxes for the payment of bonds and
interest of each taxing district shall be collected against all taxable property within the
Urban Renewal Project Area without any limitation as hereinabove provided.
Section 4. Unless or until the total assessed valuation of the taxable property in
the Urban Renewal Project Area exceeds the total assessed value of the taxable property
in the Urban Renewal Project Area as shown by the assessment roll referred to in Section
2 of this Ordinance, all of the taxes levied and collected upon the taxable property in the
Urban Renewal Project Area shall be paid into the funds for the respective taxing
districts as taxes by or for said taxing districts in the same manner as all other property
taxes.
Section 5. At such time as the loans, advances, indebtedness, bonds and interest
thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been paid, all
monies thereafter received from taxes upon the taxable property in the Urban Renewal
Project Area shall be paid into the funds for the respective taxing districts in the same
manner as taxes on all other property.
-3-
Section 6. All ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed. The provisions of this Ordinance are intended and
shall be construed so as to fully implement the provisions of Section 403.19 of the Code
of Iowa, as amended, with respect to the division of taxes fi.om property within the Urban
Renewal Project Axea as described above. In the event that any provision of this
Ordinance shall be determined to be contrary to law, it shall not affect other provisions or
application of this Ordinance which shall at all times be construed to fully invoke the
provisions of Section 403.19 of the Code of Iowa with reference to the Urban Renewal
Project Area and the territory contained therein.
Section 7. This Ordinance shall be in effect after its final passage, approval and
publication as provided by law.
Mayor
ATTEST:
City Clerk
Read First Time: 5/20/03 ,2003 Vote forpassage:AYES: Lehman, 0'Donnell,
Vanderhoef, Wilburn, Champion. NAYS: Kanner, Pfab. ABSENI: None.
Read Second Time: ., 2003 Vote for passage:
Read ~llfird Time: ,2003 Vote for passage:
PASSED AND APPROVED: ,2003.
-4-
Prepared by: Doug Boothmy, HIS, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5121
ORDINANCE NO. 03-4082
AN ORDINANCE AMENDING CITY CODE TITLE '14, ENTITLED "UNIFORM DEVELOPMENT
CODE," CHAPTER 5, ENTITLED "BUILDING AND HOUSING," ARTICLE E, ENTITLED
"HOUSING CODE," TO ADD REGULATIONS FOR RENTAL PROPERTIES WHERE ON TWO
OR MORE SEPARATE OCCASIONS WITHIN A 12-MONTH PERIOD OF TIME THE ISSUANCE
OF A CRIMINAL COMPLAINT, MUNICIPAL INFRACTION, OR A WRITTEN NOTICE OF
VIOLATION HAS OCCURRED.
WHEREAS, Resolution 01-353 established a Neighborhood Housing Relations Task Force (hereinafter,
"Taskforce") to fulfill the goal of improving peaceful habitation in Iowa City, and appointed 11 individuals
representing the interests of tenants, landlords, and neighborhoods to serve on the taskfome; and
WHEREAS, the taskforce submitted its proposed initiatives/report of the taskforce with the City Council
on June 27, 2002; and
WHEREAS, the taskforce report recommends that the City develop a process to k:lentlfy and address
properties that are subject to numerous er serious complaints, including a method for identifying such
properties, establishing a process to work with the owners of such properties, and standards for meeting
compliance; and
WHEREAS, rental properties with chronic code violations have a negative impact on the quality of life,
safety, and health of neighborhoods where they are located; and
WHEREAS, rental properties with chronic code violations create a negative impact upon City services
by numerous calls for service from various City departments; and
WHEREAS, there is currently no procedure by which the City can require a rental proper~y owner,
manager, tenant, er other relevant parties to respond to and resolve chronic cede violations; and
WHEREAS, it is declared to be the purpose and intent to protect and preserve the City's neighborhoods
and the public health, safety, and welfare of those who live therein; and
WHEREAS, it is in the public interest to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF IOWA CITY,
IOW,~
SECTION I. AMENDMENTS. 1. Title 14, entitled "Uniform Development Code," Chapter 5 entitled
"Building and Housing," Article E entitled "Housing Cede," Section 3 entitled "Definition" is hereby amended
by adding the following new definitions as follows.
Code Compliance Settlement Agreement: A written agreement that shall include a list of specific
actions and a specific schedule of deadlines for actions to abate the current violation and avoid
further code violations. It may also include provisions for periodic reassessment of the agreement or
any written modification of the agreement.
Property Management Action Plan: The property management action plan shall be a detailed written
response from the property owner or owner's designated agent describing the manner in which the
property owner will, within their legal authority, make a good faith effort to prevent nuisance activities
from continuing. The plan shall be filed with the Department of Housing and Inspection Services for
approval within 10 working days from the date of the notice of violation sent to the owner or owner's
designated agent.
Property Management Performance Guarantee: A cash deposit, certified check or irrevocable
standby letter of credit in the amount of the estimated cost of the enforcement costs, to be determined
by the City Manager or designee.
2. Title 14, entitled "Uniform Development Code," Chapter 5 entitled "Building and Housing," Article E
entitled "Housing Code," Section 13 entitled "Appeals Board; Variances and Appeals," is hereby amended
by replacing existing Paragraph A1 with the following new paragraph A1:
Ordinance No. 03-4082
Page 2
Appeals to the Appeal Board may be taken by any person affected by any decision of the Director or
designee or by any written notice. Any person wishing to seek a variance to the Housing Code may
petition the Appeals Board for relief.
3. Title 14, entitled "Uniform Development Code," Chapter 5 entitled "Building and Housing," Article E
entitled "Housing Code," Section 13 entitled "Appeals Board; Variances and Appeals," is hereby amended
by revising paragraph A2 by adding the words "a decision or" in first sentence after the word "modifies".
4. Title 14, entitled "Uniform Development Code," Chapter 5 entitled "Building and Housing "Article E,"
entitled "Housing Code," Section 16 entitled "Certificate of Structure Compliance and Rental Permit,'
' Section C entitled "Rental Permit," Paragraph I entitled "Scope of Permit," is hereby amended by adding
the following sentence to Paragraph 1:
The rental permit shall also state the maximum occupancy and the telephone number for the property
owner or designated agent.
5. Title 14, entitled "Uniform Development Code," Chapter 5 entitled "Building and Housing," Article E
entitled "Housing Cede," Section 16 entitled "Certificate of Structure Compliance and Rental Permit,"
Section C entitled "Rental Permit," Paragraph 5 entitled "Revocation of Permit,' is hereby repealed in its
entirety and replaced with a new Paragraph 5 entitled "Required Procedures Pdor to Commencement of
Rental Permit Sanctions," as follows:
5. Required Procedures Prior to Commencement of Rental Permit Sanctions:
(a) Following a violation that serves as a basis for rental permit sanctions, written notice shall be
given by the City to the owner or owner's designated agent of the premises at which the code
violation occurred. The notice is to be sent by regular mail.
(b) Following a second violation that serves as a basis for rental permit sanctions within a twelve-
month period, the City shall schedule a code compliance settlement meeting involving landlords,
tenants, and others whose corrective action is considered necessary by the City to abate and
avoid further code violations. The notice of the meeting is to be sent by regular mail within 10
working days of the City providing notice to the owner or owner's agent as required above.
(1) The desired outcome of the code compliance settlement meeting will be to obtain a cede
compliance settlement agreement in which relevant parties, including the owner or owner's
designated agent and the tenant(s), agree to take corrective action to abate and avoid further
code violations.
(2) The owner, owner's designated agent, and/or tenant is in violation of this provision under the
following circumstances:
· Does not attend a code compliance settlement meeting.
· Fails or refuses to sign a code compliance settlement agreement within 48 hours of
receiving the proposed agreement from the City.
· Subsequently fails or refuses to comply with any conditions or requirements set forth in a
cede compliance settlement agreement.
(3) Violation of this provision authorizes the City to impose Rental Permit sanctions. The City in
its determination may consider, without limitation, the following factors:
· Level of cooperation of the parties in attempting to resolve issues.
· Level of disturbance associated with the violations.
· Impact of violations upon neighbors or other victims.
· Degree to which parties have taken reasonable steps to try and resolve problems.
· History of City and State code violations.
6. Title 14 entitled "Uniform Development Cede," Chapter 5 entitled "Building and Housing,' Article E
entitled "Housing Code," Section 16 entitled "Certificate of Structure Compliance and Rental Permit,"
Ordinance No. 03-4082
Page 3
Section C entitled "Rental Permit," is hereby amended by adding a new Paragraph 6 entitled "Defenses to
an Enfomement Action of the Provisions of this Section," as follows:
6. Defenses to an Enforcement Action of the Provisions of this Section:
It shall be a defense to an enforcement action pursuant to the provisions of this section if an owner
or owner's designated agent has:
(a) Reported the violation to law enforcement,
(b) Evicted or attempted to evict by commencing and pursuing with due diligence all legal remedies
to evict those tenants charged with one of the specified violations. It is not the intention of this
provision to apply to tenants who have not been charged with one of the specified violations,
(c) Undertaken and pursued with due diligence, reasonable means to avoid a recurrence of cede
violations on the premises by the present and future tenants or occupants of the premises, or
(d) Executed a property management action plan.
The defenses set forth in this section shall not be available to any person who fails to attend a code
compliance settlement meeting.
7. Title 14 entitled "Uniform Development Code," Chapter 5 entitled "Building and Housing," Article E
entitled "Housing Code," Section 16 entitled "Certificate of Structure Compliance and Rental Permit,"
Section C entitled "Rental Permit," is hereby amended by adding a new Paragraph 7 entitled "Rental Permit
Sanctions," as follows:
7. Rental Permit Sanctions:
Comment: Sanctions may be applied to an individual dwelling unit, the entire rental dwelling, or the
premises. Each separate violation shall count as a basis for a rental permit sanction unless the
owner qualifies for a defense to enforcement under subsection 6. The following sanctions may be
imposed upon a rental permit:
(a) Reduced-term rental permit (one-year rental permit);
(b) Suspension of rental permit; and
(c) Revocation of rental permit.
8. Title 14 entitted "Uniform Development Code," Chapter 5 entitled "Building and Housing," Article E
entitled "Housing Code," Section 16 entitled "Certificate of Structure Compliance and Rental Permit,"
Section C entitled "Rental Permit," is hereby amended by adding a new Paragraph 8 entitled "Bases for
Reduced-Term Rental Permit," as follows:
8.The Director may issue a reduced-term rental permit with conditions for any of the following
reasons:
(a) The owner, any occupant, and/or any of their guests on two or more separate occasions
within a 12-month period of time have been issued criminal complaints for violations of the
following provisions of the Iowa Code, City Code or U.S. Code on the premises of a rental
property.
(1) Iowa Code Chapter 124, Sections 401 'and 403 (controlled substance)
(2) Iowa Code Chapter 708, Sections 708.1 (assault), 708.3 (assault while participating in a
felony), 708.4 (willful injury), 708.6 (terrorism), 708.11 (stalking)
(3) Iowa Code Chapter 724, Sections 724.3 (unauthorized possession of offensive weapons),
724.16A (trafficking in stolen weapons), 724.30 (reckless use of a firearm)
(4) Iowa Code Chapter 123, Sections 123.46 (consumption or intoxication in public places),
123.47 (possession of alcohol under legal age)
(5) Iowa Code Chapter 716, Sections 716.3 (criminal mischief in the first degree), 716.4
(criminal mischief in the second degree), 716.5 (criminal mischief in the third degree),
Ordinance No. 03-4082
Page 4
716.6 (criminal mischief in the foudh degree), 716.6A (criminal mischief in violation of
individual rights), 716.7 (trespass)
(6) Iowa Code Chapter 719, Section 719.1 (interference with official acts)
(7) Iowa Code Chapter 723, Sections 723.1 (riot), 723.4 (disorderly conduct)
(8) Title 13, U.S. Code, Sections 841, 842, 843, 844, 846, 856, and 861 (controlled
substances)
(9) City Code Title 4, Chapter 5, Section 3 {consumption of alcohol in a public place)
(10) City Code Title 4, Chapter 5, Section 4 (possession of alcohol under the legal age)
(11) City Code Chapter 4 (Noise Control)
(12) City Code Title 8, Chapter 5, Section 1 (disorderly conduct)
(13) City Code Title 8, Chapter 5, Section 3C (obstructing an officer)
(14) City Code Title 8, Chapter 5, Section 4 (damaging or defacing property)
(15) City Code TiUe 8, Chapter 5, Section 5 (disorderly house)
(16) City Code Title 8, Chapter 5, Section 6 (indecent exposure)
(b) The owner, any occupant, and/or any of their guests on three or more separate occasions
within a period of 12 months have been issued municipal citations or written notices of
violations for the following provisions of the City Code of Iowa City on the premises of a rental
property.
(1) City Code Title 14, Chapter 5 (Building & Housing)
(2) City Code TiUe 14, Chapter 6 (Zoning)
(3) City Code Title 6, Chapter 1 (Nuisances)
(4) City Code Title 6, Chapter 3 (Weed Control)
(5) City Code Title 6, Chapter 9 (Graffiti)
The reduced-term rental permit will be a one-year rental permit required to be renewed annually. This
sanction shall be in effect for a period of not less than four years and annual licensing inspections and
fees are required. The Director may require any of the following with the issuance of a reduced-term
rental permit: compliance with Iowa Code and/or City codes; submittal of a copy of the current lease
agreement; payment of all City fees; payment of all court costs and fines; execution of a property
management action plan; provision of a property management performance guarantee; and any other
information the City deems necessary for enforcement of any provision of the Iowa Code or City
Code.
9. Title 14 entitled "Uniform Development Code," Chapter 5 entitled "Building and Housing," AdJcle E
entitled "Housing Code," Section 16 entitled "Certificate of Structure Compliance and Rental Permit,'
Section C entitled "Rental Permit," is hereby amended by adding a new Paragraph 9 entitled "Bases for
Suspension of a Rental Permit," as follows:
9. Bases for Suspension of Rental Permit:
The Director may suspend a rental permit for any of the following reasons:
(a) Failure to comply with the conditions of the reduced-term rental permit.
(b) Failure to comply with a court decision concerning the ~iolation of any provision of Section 14-5E-
19.
(C) Adjudication by the court that the owner, owner's designated agent, or pemons acting on behalf of
the owner has: a) violated the maximum occupancy provisions of the City Code; b) illegally used or
allowed the illegal use of nonhabitable or nonocoupiable space; or c) illegally conveded space to
habitable use.
(d) Failure to comply with an order to abate a dangerous building.
(e) Failure to comply with any emergency order or placarding of a structure.
Ordinance No. 03-4082
Page 5
(f) Additional violations by the tenants or owner of the Iowa Cede, City Code, or U.S. Code oCcur
within one year of the conditions imposed pursuant to the reduced-term rental permit.
A rental permit shall be suspended for no more than 180 days beginning from the date of the
Director's decision or a court ruling on a municipal infraction and no later than at the end of the
current lease period unless a property management plan is executed.
10. Title 14 entitled "Uniform Development Code," Chapter 5 entitled "Building and Housing," Article E
entitled "Housing Code," Section 16 entitled "Certificate of Structure Compliance and Rental Permit,"
Section C entitled "Rental Permit," is hereby amended by adding a new Paragraph 10 entitled "Bases for
Revocation of a Rental Permit," as follows:
10. Bases for Revocation of Rental Permit:
The Director may revoke a rental permit for any of the following reasons:
(a) Failure to comply with an order to abate a dangerous building;
(b) Failure to comply with an emergency order or placarding of a structure;
(c) Failure to comply with suspension of rental permit;
(d) More than one basis for rental permit suspension within two years of the reinstated permit
previously having been suspended;
(e) The owner or owner's designated agent convicted for making false statements on a rental permit
application, and/or Informational Disclosure and Acknowledgement form.
A rental permit shall be revoked for not less than one year beginning from the date of the Director's
decision or a court ruling on a municipal infCaction.
11. Title 14 entitled "Uniform Development Cede," Chapter 5 entitled "Building and Housing," Article E
entitled "Housing Code,' Section 16 entitled "Certificate of Structure Compliance and Rental Permit,'
Section C entitled "Rental Permit," is hereby amended by adding a new Paragraph 11 entitled
"Reinstatement of a Rental Permit," as follows:
11. Reinstatement of Rental Permit:
(a) Suspended Permit: A suspended permit shall be reinstated upon cempletion of the suspension
period and execution of a property management action plan,
(b) Revoked Permit: An application for a new permit may be made after one year from the date
revocation was effective. The application shall be processed in the same manner as an initial rental
permit application, and requires execution of a property management action plan.
(c) Transfer of ownership does not modify or alter any sanction imposed unless approved by the City or
unless the transfer is an arms-length transaction between disinterested parties as determined by
the City.
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, prevision 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.
Ordinance No. 03~4082
Page 6
2approved this 20thday of t4a,y ,20 03
City A~orne~s ~
Ordinance No. 03-4082
Page. 7
It was moved by O' Donnel 1 and seconded by Champi on that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration 4/22/03
Vote for passage: AYES: Champion, Lehman, 0'Donne11, Pfab, Vanderhoef. NAYS:Kanne]
Wilburn. ABSENT: NOne.
Second Consideration 5/6/03
Voteforpassage:AYES: Champion, Lehman, O'Donnell, Vanderhoef. NAYS: I(anner,
Wilburn. ABSENT: Pfab.
Date published 5/28/03
Edwin K. Barker Ethel l~Barker ~
6 Lime Kiln Lane, NE Iowa City, Io~.a $2240
Phone: 319 354-2410 E-Mail: edwbarker~aol, com FAX: 319_~4-021~-~
May 14, 2003
Council Members, City Manager, Head Of Housing Inspection, City Attorney, City Cl~r~!
First, let me express our appreciation for the reduction in water rates of approximately 5% that will
become effective on July 1, 2003. Members of the staff during open house were all very enthusiastic
about the new facility and were very knowledgeable in regard to their work. It is very impressive.
The purpose of this letter is to express my views on the recently proposed fee increases of 42% or 66%
for rental housing inspections. Keep in mind that fees were increased last year by slightly over 40%.
The stated objective of the current proposed increase, according to a memo to City Council members
from the City Manager, is to "fully fund" the current inspection services requiring a 42% increase and,
as an option, increase the number of staff members by one requiring a 66% increase in fees.. Enclosed
is a copy of some of the information I provided you in November of 2001 as the 2002-2003 budget was
being prepared. We were pleased with the way we were able to work with staff members to arrive at a
satisfactory solution. We differed on how much of the actual cost of the inspections owners pay. I felt
that we were paying 100% of the cost of the inspections. I demonstrated that by analyzing the costs of
the inspection, salaries and benefits of the inspectors, and the income derived from the inspection fees.
If I recall correctly, the staff members indicated that they do other things that are not directly related to
the actual housing inspections and that is how they came up with the approximate 70% of costs. Not
knowing what those other duties might be, one could assume that owners should not be paying for
whatever those tasks are. This probably needs further discussion and clarification. If an additional staff
person is required due to the increase in the number of rental units, the additional fees generated should
cover that cost.
I would like to comment on the proposed Nuisance Ordinance. It is my understanding that the
"nuisance" properties make up less than one percent of the rental housing market. Perhaps part of the
rationale for the 66% increase would be to help fund the additional staff time required to monitor the
"nuisance" properties. What this amounts to, it seems to me, is that 99% of the "good folks" would be
paying for the additional costs of enforcing the Nuisance Ordinance. I question the fairness of this.
What are the nuisance properties doing to get into that classification? It appears to be disturbing the
peace, inside type seating being placed on porches or lawns, landscaping not adequate, cars parked on
lawns, and perhaps a few other things.
Disturbing The Peace: That is a police matter. It has nothing to do with the physical condition of the
property. Most owners' work very hard to prevent these things from happening and most of the time
are quite successful. When not, they take appropriate action to correct the situation up to and including
involving the police and or going through the eviction process.
Inside Type Seating Being Placed On Porches Or Lawns: It is my understanding that the Council
addressed this some time ago and decided that it was a personal choice as to what kind of furniture can
be placed on porches. This has nothing to do with the physical condition of the property.
Landscaping Not Adequate: This is an aesthetic issue that could or could not be defined as a housing
inspection issue.
Cars Parked On Lawns: If this is illegal, as police drive by and notice this type of violation, a parking
ticket would easily take care of it.
It is my understanding that staff and council members have been led to believe that the Greater Iowa
City Apartment Association endorsed and supported the proposed Nuisance Ordinance. The leadership
of the Association has informed me that that is not the case. Apparently the leader of the Task Force
indicated that the Association endorsed the proposal or she felt that a consensus was reached.
Conclusions: The solution to the housing fee situation seems to me could be a simple one. Study very
carefully whether a Nuisance Ordinance is necessary and, if not, enforce current laws and regulations
with high fees for those kinds of calls. Do not increase the number of staff members. Inspect the non-
nuisance housing every three years and the nuisance housing every year. In this way, perhaps you
would be able to reduce the staffing by one person that is much less than are the proposals for the
reduction in the police and fire departments. (Not percentage wise, however.)
In the proposed list of things to do in order to accomplish the goal of $1,800,000 reductions in the Iowa
City Budget over an eighteen month period of time, the Housing Inspection fees were by far the highest
increase prOposed as a possibility. The next highest significant fee increase proposed was an 8%
increase in Building Inspection Fees. This certainly seems strange to me. How can a 42% or 66%
increase for housing inspections and only an 8% increase for building inspection fees be rationalized? I
realize that the parking fines, based on Mr. Atkins proposals would increase parking tickets 66.67%.
However, this type of fine is an individuals fault totally and cannot be adequately compared with the
housing and building fees. The following chart compares the housing inspection fee proposal with the
building fee proposal:
Current Proposed %
Income Increase Increase
Housing Fee $221,500 $ 90,000 42%
Housing Fee (Add 1 Person) $221,500 $145;000 66%
Building Fee $800,000 $ 70,000 8%
Thank you for listening. I don't envy any of you, whether you are a policy maker or administrator, the
job of making such drastic reductions in the city budget through no fault of your own. You have a
formidable task and I wish you well in these most difficult times.
Sincerely yours,
Edwin K. Barker
Edwin K. Barker
6 Lime Kiln L, anc~ NE Imva City, Iowa 52240
Phone: 319 354-2410 E-Mail: cdwbarke~O~aoLcom FAX: 319 354-0213
November 7, 200 I
To All Iowa City Council Members: This is presented as au alternative to thc Housing Inspection Fcc
proposal presented to you by city officials. For the purpose ol'tbis proposal, thc inspection tees and
rems lbr Emerald Court Apartments have been used.
The inspection took place on July 18, 19, 20, 23, and 24 fi'om I:00 p.m. tmtil around 4 pm. The
inspection and travel time did not exceed 20 hours. The re-inspection did not take over 4 hours for a
total of 24 hours inspecting and traveling.
If we double those hours to cover the time for preparing the report, we have a total of 48 hours. The
inspection fee that Emerald Court paid was $2,460 and the current proposal ~br FY 2002 is for the fee
to be $3,910, an increase of 58.94%. Let us assume that two thirds of that cost is associated with the
24 hours spent on inspections and one third is fbr office space, utilities, administration, travel, etc.
(The City of Iowa City pays employees $.34 per mile for the use of their personal automobiles. Even
if we assume a cost orS1 per mile, the auto expense for inspecting Emerald Court Apartments would
be $28.20.) The hourly rate for the current and two proposed fee schedules would be as follows:
FT 2001:$2,460 x 66.67% = $1,640.08 /48 hours = $34.17 per bout. (Current Fee Schedule)
FY 2~2:$3,910 x 66.67% = $2,606.79 / 48 hours = $54.3 t per hour. (Housing Inspection Proposal)
FY&~2:$3,461 x 66.67% = $2,307.45/48 hours = $48.07 per hour. (Barker Proposal)
The salaries plus all fi'inge benefits for inspectors is as follows:
FY 2001 Assuming a 6% lncrease
For FY 2001
Head lnspectm': $35.45 $37.58
Inspector # I $18.19 $19.28
Inspector ~2 $21.83 $23.14
Inspector #3 $23.52 $24.93
Inspector #4 $22.82 $24.19
A $3,910 fee as suggested by the Iowa City Housing Inspection Department for the Emerald
Com't Apartments would have required an annual 6.845% increase since the last fee iucrease.
Considering that the cost of living during those years has been in the range of 3%, a more than fair
increase for the City of Iowa City would be based on an annual rate increase of 5% That would result
in an Emerald Coral inspection fee of $3,461 which would be a 40.69% increase. Although that rate of
increase is considerably mm'e than the Emerald Corot rents have increased on an annual basis during
that period of time, 3.38~ for a two bedroom apartment and 3.11% for a three bedroom apa~ment, it is
an increase that we could live with. Therefore, it is our recommendation that the inspection fees
be increased between 40 and 41% for the FY 2002 rather than 58 to 59% as is being
.recommended by the Housing Inspection Department.
Thank you for your consideration of this alternative.
Iowa City Rental Housing Fee Proposal, November 9, 2001
Entire City
Structures Units Bedrooms Total % Increase
Number 1,265 6,806 12,252
Current Fee $56.00 $8.00 $2.00
Total $70,840.00 $54,448.,00 $24,504.00 $149,792.00
Number 1,265 6,806 12,252
lC Proosal $70.00 $12.00 $4.00
Total $88,550.00 $81,672.00 i $49,008.00 $219,230.00 46.36%
Number 1,265 6,806 12,252 Total
Alternate 78.00 11.50 2.75
Tdtal $98,670.00 $78,269.00 $33,693.00 $210,632.00 40.62°/.,
Sample #1
Structures Units Bedrooms Total % Increase
Number 4 16 18
Current Fee $56.00 $8.00 $2.00
Total $224.00 $128.00 $36.00 $388.00
Number 4 16 18
lC Proosal $70.00 $12.00 $4,00
Total $280.00 $192.00 $72.00 $544.00 40.21%
Number 4 16 18
<emate 78.00 11.5( 2.75
Total 312.00 184.00 49.50 $545.50; 40.59%
Sample #2
Structures Units Bedrooms Total % Increase
Number 1 12 12
Current Fee $56.00 $8.00 $2.00
Total $56.00 $96.00 $24.00 $176.00
Number 1 12 12
lC Proosal $70.00 $12.00 $4.00
Total $70.00 $144.00 $48.00 $262.00 48.86%~
Number 1 12 12
Alternate $78.00 $11.50 $2.75
Total $78.00 $138,00 $33.00 $249 41.48%
Prepared by Norm C~.te, Housing and In3pect{on Services, Senior Housing Inspector, City of I~we City, 356-5137 I ~ 4
RESOLUTION NO,
RESOLUTION ESTABLISHING FEES FOR SERVICES AND ACTIVITIES OF THE IOWA
CITY HOUSING AND INSPECTION SERVICES DEPARTMENT
WHEREAS, the City of Iowa City Housing Code provides for inspection and licensing of all multiple
dwellings, fraternity,'sorority houses, rooming houses, duplexes, and single-family rental dwellings; and
WHEREAS, the payment of the aforementioned fees is necessary lo offset the administrative costs of such
activities.
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA,
THAT:
1. The fee schedules for the services and activities of the iowa City Housing and Inspection
Services Department shall be adopted and effective August 1,2002.
2. The amended fees for rental permits and reinspections as part of the iowa City Housing Code be
adopted as follows:
$ 78.00 per structure
$11.50 per dwelling unit
$ 2.75 per bedroom
$ 40.00 reinspection fee
. ~j[ $ 30.00 "No Show for Inspection" fee
$100.00 Fraterniby/Sorerity tire-safety inspection fee
3. This resolution repeal~ all previous resolutions regarding the schedule of said lees.
Passed a~d approved this day of __ ,2001
MAYOR
ATTEST: ~..~.~;),~ [I-e)O-~
CITY CLERK CiTY ATTORNEY'S OFFICE
It was moved by and seconded by the Resolution be adopted, and upon
roll call there were:
AYES NAYS ABSENT
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wlibum
Post4t® Fax Note 7671; Date I~e~