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Home My WebLink About2003-08-19 Ordinance Prepared by: Jessica Hlubek, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING 5.69 ACRES FROM LOW DENSITY SINGLE- FAMILY RESIDENTIAL (RS-5) TO LOW DENSITY MULTI-FAMILY RESIDENTIAL (RM-12) LOCATED AT 1715 MORMON TREK BOULEVARD. WHEREAS, All Nations Baptist Church, is the owner and title holder of approximately 5.69 acres of property located at 1715 Mormon Trek Boulevard; and WHEREAS, the applicant, Jong Koo Lee, on behalf of All Nations Baptist Church, has requested the rezoning of the approximately 5.69-acre properly from RS-5, Low Density Single-Family Residential, to RM-12, Low Density Multi-Family Residential; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions ensuring that any future development of the property is in accordance with the design policies of the Southwest District Plan, the proposed rezoning is in conformance with the Southwest District Plan, which is part of the Comprehensive Plan; 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 directly caused by the requested change; and WHEREAS, the owner and applicant acknowledge that certain conditions and restrictions are reasonable to ensure that the development of the property is in general accordance with the neighborhood design policies of the Southwest District Plan; and WHEREAS, the owner and applicant have agreed to use this property in accordance with the terms and conditions of a Conditional Zoning Agreement to ensure that the above-referenced Comprehensive Plan policies are addressed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated herein, the property described below is hereby reclassified from its current designation of Low Density Single-Family Residential (RS-5) to Low Density Multi-Family Residential (RM-12): BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN; THENCE S00°20'30'~N, A RECORDED BEARING, 532.40 FEET ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF THE RELOCATED PRIMARY ROAD U.S. HIGHWAY NO. 218; THENCE N47°47'00"W, ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, 951.00 FEET; THENCE N83°41'55"E, 677.32 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF MORMON TREK ROAD (ALSO KNOWN AS MORMON TREK BOULEVARD); THENCE S00°24'00"E ALONG SAID RIGHT OF WAY LINE 180.94 FEET TO A POINT ON THE NORTH LINE OF SAID NORTHWEST QUARTER; THENCE S89°57'38'E, ALONG SAID NORTH LINE, 33.00 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 5.69 ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION I1. 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 by law. SECTION II1. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this ordinance, the Mayor is hereby authorized and directed to sign, and City Clerk to attest, the Conditional Zoning Agreement between the property owner and applicant of the 5.69-acre property requested for rezoning. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication, as required by law. Passed and approved this day of ,20 MAYOR ATTEST: CITY CLERK Approved by City Attorney's ~ffice ppdadnV(xd/REZ02-00018.doc Prepared by: Jessica Hlubek, planning intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), All Nations Baptist Church (hereinafter "Owner") and Jong Koo Lee representing All Nations Baptist Chumh (hereinafter "Applicant"). WHEREAS, Owner is owner and legal title holder of approximately 5.69 acres of property located at 1715 Mormon Trek Boulevard; and WHEREAS, the Applicant has requested the rezoning of the approximately 5.69-acre property from RS-5, Low Density Single-Family Residential, to RM-12, Low Density Multi-Family Residential; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions ensuring that any future redevelopment of the property is in accordance with the design policies of the Southwest District Plan, the proposed rezoning is in conformance with the Southwest District Plan, which is part of the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2001) provides that the City of Iowa may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure that the development of the property is in general accordance with the neighborhood design policies of the Southwest District Plan; and WHEREAS, the Owner and Applicant have agreed to use this property in accordance with the terms and conditions of a Conditional Zoning Agreement to ensure that the above-referenced Comprehensive Plan policies are addressed. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: 1. All Nations Baptist Church is the owner and legal title holder of the property legally described as follows: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN; THENCE S00°20'30"W, A RECORDED BEARING, 532.40 FEET ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF THE RELOCATED PRIMARY ROAD U.S. HIGHWAY NO. 218; THENCE N47°47'00'~/, ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, 951.00 FEET; THENCE N83°41'55"E, 677.32 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF MORMON TREK ROAD (ALSO KNOWN AS MORMON TREK BOULEVARD); THENCE S00°24'00"E ALONG SAID RIGHT OF WAY LINE 180.94 FEET TO A POINT ON THE NORTH LINE OF SAiD NORTHWEST QUARTER; THENCE S89°57'38;'E, ALO[',IG SAID NORTH LINE, 33.00 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 5.69 ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. Owner and Applicant acknowledge that the City wishes to ensure appropriate residential development that generally conforms to the neighborhood design policies contained within the Southwest District Plan. Further, the Parties acknowledge that 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 the existing regulations, in order to satisfy public needs directly caused by the requested change. Therefore, Owner and Applicant agree to certain conditions over and above City regulations as detailed below. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that any future redevelopment of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. A 70-foot wide evergreen buffer planted with evergreens shall be established along Highway 218 in the event that the subject property redevelops for residential use in the future. b. A Planned Development Housing Overlay (OPDH) plan shall be approved prior to any future residential redevelopment of the subject property. 4. The Owner, Applicant and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code {}414.5 (2001), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner, Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the title to this land, unless or until released of record by the City of Iowa City. The Parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. 7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all applicable local, state and federal regulations. 8. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at Applicant's expense. Dated this day of ,2002. OWNER CITY OF IOWA CITY Jo '~-//~ "~/'¢/-(~'~ ~/~~' ' ~'~: Ernest Lehman, Mayor ^ttest: Marian K. Karr, City Clerk Approved by: Cit~,t~tt~rney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this X'.-5~ day of (~'1 , 20 ~..~ , before me, the undersigned, a Notary Public in and for said Cour~y, i~ said State, personally appeared ~ '~:~ L~. , to me known to be the identical person(s~ named in ana%vh~executed the within and foregoing instrument, and acknowledged that (he/:hc/Lhcy) executed the same as (his/hodth~.~r~ voluntary act and deed. Notary~Public in and for the State of Iowa My commission expires: ~-~ STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , A.D. 20 , before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa My commission expires: ppdadmlagt/CZA-REZ02-CO018,doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call thero were: AYES: NAYS: ABSENT: . Champion Kanner Lehman O'Donnell Pfab . Vanderhoef Wilburo First Consideration R./1 q/n~ Voteforpassage: AYES: Pfab, Vanderhoef, Champion, Kanner, Lehman, 0'Oonnel]. NAYS: None. ABSENT: Wilburn. Second Consideration Vote for passage: Date published Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (REZ01-00013) ORDINANCE NO. 03-4094 AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 6.1 ACRES FROM COUNTY RS, SUBURBAN RESIDENTIAL, TO C11, 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 CI 1, Intensive Commemial; and WHEREAS, this property has been identified by the City as appropriate for commemial 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: SECTION I. APPROVAl . The property legally described below is hereby redesignated from RS, Suburban Residential, to C11, 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 Pamel #1020176009. SEC. TION II. ZONINC= 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 RECORDIN~ The City Clerk is hereby authorized and directed to certity 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. Ail ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V SEVERARII 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, prevision or part thereof not adjudged invalid or unconstitutional. SECTION VI EFFECTIVE FJATF This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. ~'~d and approv~ this 19 th dayof Auqust ,2003 ATTEST: CITY CLERK City Atto"mey's Office Ordinance No, 03=4094 Page ? It was moved by Champion 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 5/20/03 Voteforpassage:AYES: Vanderhoef, Wilburn, Champion, Kanner, Lehman, O'Donnell, Pfab. NAYS: None. ABSENT: None. Second Consideration §/10/03 Voteforpassage:AYES: ~anderhoef, Wilburn, Champion, Kanner, Lehman, O'Donnell, Pfab. ABSENT~ None. Date published 8/27/03 Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (REZ03-00013) ORDINANCE NO. 03-4095 AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 144 ACRES FROM COUNTY CH, C2, R1A, 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 2'18, 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 commercial 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 Commemial. COM 300' S OF NE COR S 89° W 25.5', S35° 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 540 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 260 W 229.95', S 54° W TO C/L HVVY, SWLY ALONG C/L 140' TO POINT OF BEG, THENCE SWLY 170', N 540, W TO W LINE E % NE, N ALONG W LINE TO POINT N 540 W OF BEG., S 54o W TO BEG, identified as Johnson County, Iowa parcel #1020177002. B. The properties controlled by the Iowa City Airport, 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 ¼ 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 ff. to the Point of Beginning; thence continuing Ordinance No. 03-4095 Page 2 N54°29 %'W, 231.0 ft. to a point on the west line of the E % NE ¼ of said Section 20; thence S0°27 %'W, 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 centarline of said original State Highway No. 1 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 a~ong said curve and said centerline 164.80 feet to the intersection with the centarline 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 64°31'47" W along said centerline 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 38°07'45" 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 36042'20" 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 (I 11.0 feet record); thence N 58000'48" 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 36017'50" 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 centarline 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 5th 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 Nodh 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 48°35'35" East along said dght of way line 237.85 feet to the east line of said parcel; thence South 04o04'00" 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 5~h Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southeast comer 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 04004'00'' 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 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 43o19'05" East 109.92 feet to the point of beginning; thence North 62°27'56" East 30.54 feet; thence South 48027'49'' West 29.86 feet to the beginning of a non-tangent curve to the right, said curve having a radius of 940.00 feet, concave southwesterly; thence nodhwesterly 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 39°45'00'' 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 01o45' East record) along the east line of said Southeast Quarter of the Northeast Quarter 372.80 feet; Ordinance No. 03-4095 Page 3 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 63o52'30" 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 04o04'00'' 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 44o46'50' 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 64°32' 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 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 01°45' 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 pamel of land described in Book 871, Page 204, in the Office of the Johnson County Recorder 298.84 feet (South 63o52'30'' 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 62o27'56" 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 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 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 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 the point of beginning; thence continuing North 04o04'00" 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 44o28'43" West 71.58 feet to the point of beginning. That part of the West ~ of the NW ¼ of Section 21, Township 79 North, Range 6 West, Johnson County, Iowa, described as follows: Commencing at the NW comer of said Section 21; thence S 01°45' W along the West line of said NW % a distance of 743.0 feet to the point of beginning; thence continuing S 01o45, W along said West line 1571.3 feet; thence N 71o00, E parallel with and 625.0 feet from the centerline extension of Runway 24-6 of the Iowa City Airport 1408.6 feet to the East line of said W % of the NW %; thence N 01o49. E along said East line 1267.8 feet, thence S 71o00' W parallel with and 560.0 feet from said centerline extension of Runway 24-6 a distance of 890.8 feet; thence N 74o22. W 500.4 feet to the point of beginning. Containing 40~04 acres, more or less. Subject to the county road and easements of record. For the purpose of this description, the West line of the NW % is assumed to bear S 01o45' W. and That part of the SE ~ of the NE ~ of Section 20, Township 79 North, Range 6 West, lying South of the original State Highway No. 1, in Johnson County, Iowa, described as follows: Commencing at the NE corner of said Section 20, thence S 01045' W along the East line of said NE % a distance of 1327.4 feet to the NE corner of said SE ~ of the NE %; said corner being the point of beginning; thence continuing S 01o45' W along said East line 954.6 feet; thence S 63052'30" W 298.8 feet; thence N 19000' W 715.7 feet to the centerline of the original State Highway No. 1; thence N 64032' E along said centedine 232.6' to the beginning of a tangent curve to the left; said curve having a radius of 572.96 feet; thence northeasterly along said curve on said centerline 432.4 feet through a central angle of 43o14'10" to a point on the North line of said SE % of the NE %; thence S 89045' E 33.0 feet to the point of beginning. Containing 7.59 acres, more or less. Subject to the county road and easements of record. For the purpose of this description, the East line of the NE % is assumed to bear S 01o45' W. and Ordinance No. 03-4095 Page 4 That part of the NE ~ of the NE N of Section 20, Township 79 North, Range 6 West, lying southeasterly of present State Highway No. 1, westerly of the original State Highway No. 1, and northeasterly of the county road, in Johnson County, Iowa, described as follows: Commencing at the NE corner of said Section 20; thence S 01045' W along the East line of said NE ',/, a distance of 743.0 feet to a point on the southeasterly right-of-way line of present State Highway No. 1; thence S 38004' W along said right-of-way line 261.5 feet; thence S 24059'30'' E along said right-of-way line 102.0 feet; thence N 36018' W along said right-of-way line 87.3 feet; thence S 11o59' W along said right-of-way line 67.0 feet to a point on the canterline of the county road; thence S 36018' E along said centerline 85.9 feet to the beginning of a tangent curve to the right; said curve having a radius of 572.96 feet; thence southeasterly along said curve on said canterline 215.1 feet through a central angle of 21o30'50" to a point on the centerline curve of said original State Highway No. 1; said curves not being tangent; thence northerly along the second curve 165.4 feet on the center line of said original State Highway No. 1, said second curve having a chord bearing N 10001' E, a radius of 572.96 feet, and concave Westerly, through a central angle of 16o32'15" to the point of tangency on the said East line of the NE ¼; thence N 01045' E along said East line on said center line of original State Highway No. 1 a distance of 393.6 feet to the point of beginning. Containing 1.18 acres, more or less. Subject to the county road and easements of record. For the purpose of this description, the East line of the NE ~ is assumed to bear S 01o45' W. and That part of the SE ~ of the NW ~ of Section 21, Township 79 North, Range 6 West, Johnson County, Iowa, described as follows: Commencing at the NW comer of said Section 21; thence N 89°55'30, E along the North line of said NW ¼ a distance of 1320.2 feet to the NE corner of the NW ~ of said NW ~; thence S 01049' W along the East line of said NW ¼ of the NW '/, a distance of 1334.8 feet to the NW corner of said SE ',/, of the NW ~, said corner being the point of beginning; thence S 89°45' E along the North Line of said SE ~ of the NW '/, a distance of 248.0 feet; thence S 55011' E 703.6 feet; thence N 82o05'30"W 356.7 feet; thence S 71000' W parallel with and 625.0 feet from the centerline extension of Runway 24-6 of the Iowa City Airport 517.1 feet to the West line of said SE '/, of the NW '.4; thence N 01049' E along said West line 522.4 feet to the point of beginning. Containing 5.20 acres, more or less. Subject to easements of record. For the purpose of this description, the North line of the NW ¼ is assumed to bear N 89055'30" E. C. Subject to the terms and conditions of a conditional zoning agreement, attached hereto and incorporated by reference herein, the properties 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 quarter 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 0o 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 0Oo09'17" WEST ALONG THE EAST LINE OF THE SOUTHEAST N OF SAID SECTION 20 A DISTANCE OF 1224.96 FEET (16.56 CHAINS); THENCE SOUTH 89°40'57" WEST A DISTANCE OF 686.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE SOUTH 89040'57" 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 74°45'09'' EAST A DISTANCE OF 37.99 FEET; THENCE NORTH 64o08'51" EAST A DISTANCE OF 32.48 FEET; THENCE SOUTH 86019'36" EAST A DISTANCE OF 217.65 FEET; THENCE SOUTH 76039'28, 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: Ordinance No. nq_,~nq5 Page 5 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. RECTION 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 CONDITIONAL ZONING AGRF:FMENT. 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. CERTIFICATION AND RECORDING. 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. ~. Ail ordinances and pads of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI 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 part thereof not adjudged invalid or unconstitutional. ~ECTION VII EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 19th dayof Auclusl; ,20 03 . MAYOR CITY ~{.ERK Approved by Cit~Att~mey's Offic'~ Ordinance No.03-4095 Page .5 It was moved by 0' Donnel 1 and seconded by Pfab 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 Vanderhcef X Wilbum First Consideration 5/20/03 Voteforpassage:AYES: Wilbur'n, Champion, Kanner, Lehman, 0'Donne]], Pfab, Vanderhoef. NAYS: None. ABSENT: None. Second Consideration 6/10/03 Voteforpassage: AYES: Wilburn, Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef. NAYS: None. ABSENT: None. Date published 8/27/03 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 North half of the Southeast quarter East of Highway right-of-way Section 20, T79N, R 6W 2. Owners acknowledge thet the City wishes to ensure a minimum amount of entrancewey aesthetics as properties fronting on Highwey 1 are developed. 3. In consideration of the City's rezoning the property from RS, Suburban Residentiel, 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 I right-of-way shall be landsceped. No perking or paving, other then a sidewalk or trail, shell 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 shell be permitted. This does not epply to outdoor displey of motorized vehicles, such es automobiles and trucks. c. Signs, if illuminated, must be internelly illuminated, in order to minimize the chance of upward turning lights being used on the property. 4. Owners egree thet the site development end site plen of the property shell 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/agt/REZ03-00017CZA.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 parties further acknowledge that this agreement will inure to the benefit of and bind all successors, representatives, and assigns of the padies. 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 i ~ day of ~ ~ ,2003. OWNER CITY OF I.,~)~A CITY ,~¢,J~n~s'Davis - - est Lehman, Mayor Attest Marian K. Karr, City Clerk Approved by: City Attorney's OffiCe STATE OF IOWA ) ) SSi JOHNSON COUNTY ) On this / ~ day of ,,IZ~.~ , 20 o 5 , before me, the undersigned, a Notary Public in and for said County, ~n said State, personally appeared J~ ~,~,,~ , 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/REZ03-00017CZA.doc REZ03-00017 CZA Page 3 OWNER STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 90 day of A~t~ ~ , 200 ~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared P.o~.~ ~ ~.v t <. ., 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: ppdadrNagl/REZ03-00017CZA.doc REZ03-00017 CZA Page 4 OWNER Jan Smith STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this '~_.~;:~'~" day of 3~'~,¢~t ,~ ,. , 200~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared ."-~'-~..~--~ ~ , 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. My commission expires: ~y Commission Expires 01/31/20117 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 I 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 By: Lehman, Mayor Attest Marian"~. Karr, City Clerk Approved by: City~A't'torney's O~ice REZ03-00017 CZA (Jirsa/Mitchell~ Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this %~'~' day of ('~J~,._~. ,20©:~, before me, the undersigned a Notary Public in and for said Coun{y,. in said State, personally appeared and (L/'/(~'~:.~)~ ;¥c.~,..,~ . , 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: ppdadrn/agt/REZOa-00017CZAjirsamitchell.doc CO~IJ~ISSJON # 224880 I lO,Ur.os ,., J DEFEATED Prepared by: Doug Boothrey, Hsg. & Insp. Services, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5121 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 6, CHAPTER 1 (NUISANCES) OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY BY ADDING STANDARDS AND PROCEDURES TO CONTROL THE NUMBER OF VEHICLES PARKED, STORED, PLACED, OR KEPT OUTSIDE ON PRIVATE PROPERTY. WHEREAS, the regulation of the number and location of parked, stored, placed or kept vehicles in any single-family or duplex residential area is necessary in order to preserve the appearance of neighborhoods as predominantly residential in character; and WHEREAS, the outdoor parking, storing, placing, and keeping of vehicles is not intended to be a primary activity in residential areas and regulating these activities will constitute no more than a minimal intrusion on any residential area; and WHEREAS, it is in the public interest to provide monitoring, regulation, and inspection of residential properties to prevent the excessive parking, storing, placing or keeping of vehicles outdoors from becoming nuisances, and creating safety concerns. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Section 6-1-2.Q, "Vehicles illegally parked on private property" is hereby amended by repealing Subsection Q.2 and substituting in its place the following new Subsection Q.2: Vehicles illegally parked, stored, placed, or kept on private property: 2. No more than six operable vehicles may be parked, stored, placed, or kept outdoors at any one time on any single-family or duplex residential lot. The vehicles must be operable at all times. Inoperable/obsolete vehicles are prohibited. All vehicles must be located on an asphalt, concrete, or similar permanent dust-free surface. It shall be an affirmative defense to a municipal infraction if all vehicles in excess of the maximum vehicles allowed are: a) Owned by a person who is neither domiciled at nor a resident of said residential lot; and b) Present for the sole purpose of providing maintenance, repair, or construction on said residential lot; and c) Parked, stored, placed, or kept outdoors on said residential lot for less than 36 hours in the aggregate during any continual 96-hour period of time. SECTION I1. REPEALER. All ordinances and parts of ordinances 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, 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. Passed and approved this day of ,20___ MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office DEFEATED 8/].9/03 Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll cell there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn First Consideration Voteforpassage: AYES: Vanderhoef, Lehman, O'Donnell. NAYS: Champion, Kanner, Pfab. ABSENT: Wilburn Second Consideration Vote for passage: Date published WHY??? PRESENTED TO CITY COUNCIL SEPTEMBER 18, 2000 James and Sandra Thomas 131 North First Avenue Iowa City, Iowa WHY??? JAMES THOMAS 131 NORTH FIRST AVENUE IOWA CITY, IA TABLE OF CONTENTS I. STATEMENT OF PROPERTY OWNERS II. NOTICE OF VIOLATIONS Ill. COURT ACTIONS IV. CITY CODE SECTIONS IMPACTED V. WRITTEN INFORMATION ARGUED RE: VIOLATIONS VI. COPIES OF POLICE REPORTS FILED BY PROPERTY OWNERS VII. COPIES OF STORAGE RENTAL AGREEMENTS VIII. ADDITIONAL CONSTRUCTION PLANNED (PLANS) IX. ROCHESTER PLACE SUBDMSION COVENANTS STATEMENTS OF PROPERTY OWNERS September 18, 2000 TO: IOWA CITY COUNCIL FROM: Property Owners of Lots 21 and 22/131 North First Avenue RE: Proposed Review/Creation of Ordinance About Number of Vehicles Parked on Private Residential Property I. The question is? Who is the parking of vehicles at 131 North First Avenue bothering? What injury is being caused? Why can't those offended by the legitimate parking of vehicles on private property that have no commercial or business purpose, simply avert their eyes if offended? Should a homeowner's rights of enjoyment of property be limited because of others whom are offended by what they see? When or where will it stop if the City undertakes a deliberate process to modify, alter or limit the lawful behavior of property owners because of some objections of a few? Shall we next limit the number of trees, bicycles, lawn chairs placed on personal property because of subjective complaints? ......... and if we say yes to any of the above questions, public interest is being served? II. Have the Property Owners at 131 North First Avenue ever been made aware of concerns or complaints of "neighbors"? Amazingly, the answer to this question is not. In ten years of living at 131 North First Avenue, not one phone call, letter nor personal visit has ever occurred concerning issues anyone had with vehicles are parkine on the grounds of the property. Not onet. However, many cowardly acts of vandalism trespass with nasty responses and snooty/snotty attitudes have taken place. The perceptions of a black family living on First Avenue have been filled with negative and sometimes almost comedic events. I, James Thomas, have been hailed over to the street while riding my John Deere tractor and mowing grass on least 9 or I0 occasions. I have been asked repeatedly how much I charged to mow the lawn (the presumption that I was the maintenance man), after hearing this after the third time, I began to tell people, I didn't charge the homeowner anything, because I "slept with her ". For you see unintentional racism, supposition, and presumptions have the same bite as intentional racism, when it happens frequently enough. I am sure racism was not the original intent, many were simply curious and innocent, but also lacked enough contact, information and affiliation with people unlike themselves. Matter offact, my children were often told in school (at City High), once they revealed where the lived, that the prevailing thought was drug dealers or mafia people resided at 131 because of the number of cars. I have also been stopped, also while mowing grass and asked whether I sold used cars, sad isn't it? When people don't have enough of their own business to keep them occupied. We have resided at 131 since the time the house was built (1990). I have commuted the past 7 years from Iowa City to Madison, Wisconsin, where I was employed as the Dean of Admissions of the Law School, until early this year. My last two years at University of Wisconsin was as a Legal Advisor to the Provost and Special Consultant. For the past year, we have been in the process of consolidating three residences into one, which mean not only cars, but furniture and other items have all been relocated to 131 North First, until decisions can be made as to what to do with them. I(~ ONLY SOMEONE FIAD ASKED~ WE WOULD ItAVE MADE IT PLAIN). I am a graduate of the University of Iowa Law School, former Director of Admissions at the Law School and first Compliance Ottieer hired art the university shortly after graduating from law school. I have lived in the Johnson County community for the past 16 years and becoming increasingly alarmed with the callousness and insensitivity that Iowa City is transfiguring into. I truly believe that Iowa City can resurrect itself into what it once was, .......... but it will take open and honest dialogue of what the problems are. I think the current situation at hand is reflective of the callousness then seems to be overtaking Iowa City. The PressCitizen Article .................... I agree with Councilman Kanner, in his final comment of the Press- Citizen, Friday, September 15, 2000, when he stated .......... "Sometimes it is not good to make a law for one problem". This is exactly what the City of Iowa City would be doing in this instance, because the real problem here is not the numbers if vehicles, it is the on- going efforts ora few persons to modify the lifestyles and choices that the Thomas househoM has selected. I make this statement with the greatest of confidence based on the past history of events that have surrounded the selection of this property as our home since 1990. From the time we took possession of this property until now, there have always been over ten vehicles parked at this location. Why, you might ask, ten years later has it become an issue and thoughts of an amendment are being discussed at this time? Because the complainers have not been successful in making the problem they perceive go away. In other words, the existing parking arrangements on the propertF are in compliance with the existing cit~ ordinances that govern parMng. II. History of the Problem I suggest to the Council that the real problems underlying this new effort to bring about limitations of numbers of vehicles can be directly linked to numerous acts of criminal mischief, racial discrimination and trespass over the past 10 years. Chief of Police, R.J. Winkelhake has a filed documenting the numerous reports filed with the City of Iowa Police department detailing a wide variety of incidents which have occurred at 131 North 1 st Various Acts of Vandalism~ Littering~ Etc. They range from simply trespass, vandalism, littering of not only trash, but bags of garbage, the destruction of 6 mailboxes, urinations on cars and boats, curbing of dogs on the property and the shooting out of car windows. The latest episode of vandalism occurred this weekend when the cable attached to the pole abutting the vacant lot has been pulled loose, interrupting cable service for the entire weekend. Other recent acts included the slashing of a sidewall of a tire located on a vehicle that was closes to the sidewalk and out of plain sight. All of theses things have occurred simultaneously with the constant filing of anonymous complaints to the building inspectors office of violations of City Code 14-6A-2. The problem with the ordinance is it only is initiated upon the filing of a complaint, and anonymous complaints receive the same degree of response as known complaint filers. Therefore the following is also tree. The property owners at 131 North First Avenue have received a number of complaint regarding vehicles parked in the back yard of the property, immediately behind the house. The only way it is possible to see behind the house, one must either come upon the property, or travel the 433-foot sidewalk that is immediately north of the house, which is incidentally where the bulk of the acts of vandalism are taking place. Upon under-going the increased scrutiny by "neighbors", we were systematically served with citations from 8/11/98 until present. For your review, enclosed please find; 1) statements from property owners who reside at 131 North First Avenue 2) notice of violations regarding parking 3) court action regarding violations 4) City Code Sections 5) written information submitted and argued regarding violations 6) copies of police repons filed regarding vandalism and trespass 7) copies of storage rental leases/payments 8) cost of concrete construction of rear parking pod and driveway expansion 9) plans are underway to construct a addition, which will also house the the vehicles that we will keep 10) the completion of the final stage of the horseshoe driveway is slated to commence by the end of this current week, a curb cut permit was secured sometime ago, but due to other pressing matters completion had to be post-poned until this time I sincerely hope and trust this information provides another valid view point, which may not be obvious based on the reporting of complaint. Before closing, I would like for the Council also to advise me on an issue that I have with the other 20 lot owners in the Rochester Place Subdivision. The City of Iowa City Council in allowing Oakes Construction Company to create the residential subdivision which houses 22 lots, including two owned by the property owners of 131 North First Avenue, ( lots 21 and 22) required several things of the developer, storm drain easement, and a public walkway. That City Council's rationale was to provide convenient of access to members of the Rochester Place subdivision to First Avenue. Although on its face, it seems a great ideal, it is the primary source of many of the re- occurring problems for the property owners at 131 north First Avenue. Much of the rude, disrespectful behavior of "neighbors" cutting through the property by coming off the sidewalk and taking short cuts directly behind the home had violated much of the "quiet enjoyment" most property owners in Rochester place experience, without the sidewalk. The other issue is the care and maintenance of the walkway and storm water detention facilities. Even though both the walkway and ½ of the total storm water retention basin is on the property owned by the homeowners at 131 North First Avenue, the same homeowners have absorbed 100% of the year- round maintenance of the 412 feet of sidewalk that run along the north boundary line of the property. Provisions of the Covenant indicated that each lot owner has a one (1) vote see 2.2. An Association was to govern the maintenance, repair and replacement of common elements. The problem is, ......... no association known to me has ever existed, by 131 being the default lot/property owner, has absorbed the entire expense of snow removal, mowing, tree maintenance and repair after storms or bad weather. Over the last 10 years, the cost of maintenance absorbed by the 131 Property Owners is in excess of $15,000.00. This amount does not include the purchase of mowers, power saws, carts and other accessories that are necessary to maintain the entire area in a good and suitable condition. Each property owner has a 1/22 share of cost for maintenance, etc. Please feel free to advise. To Whom It May Concern: I have been a member of the Iowa City community for the majority of my life. 1 have atlended elementary, junior high, have graduated from City High in 1997. Our family has been residing on the East Side of lowa City for about 11 years, but I can definitely say that these past eleven years have been the most challenging. When we first moved to 131 North First Ave,(the summer of 1990), and the reception fi.om people of the neighborhood was similar to that of when we first arrived to the state of Iowa in 1984-constant stares of disbelief. As cars passed by our home, the drivers slowed down as their heads remained fixed on the house and my family doing yard work or getting into one of our vehicles. I remember as we were moving our things into the house by way of the garage, a man drove into the driveway, parked, and proceeded into the open garage. Although there was no for sale sign in the yard anymore, the man proceeded to ask one of my parents, 'if we knew if the owners of the house was around'. He was evidently under the impression that my parents were not the owners of the home. As a student at City High, some students, upon learning where I lived, made reference to my being able to live in that "big house on the hill", required an illegal profession, such as drug dealing and/or members of the Mafia. Besides the jokes about the Mafia and "drug life", there had been countless times where newspapers, wrappers, and bottles (glass/plastic) have been discarded in the driveway as well as the yard after kids arc coming back fi.om the direction of Dan's Short Stop. It is tMngs like the two incidents mentioned above, that can be looked at as sources of irritation, aggravation, and conceivably, disrespect. To Whom It May Concern: At this point in time, I happen to be a familiar resident at 131 North 1~ Avenue. Although I may not have encountered as many disrespectful acts as other members of my family has, I still see the racism that exists in this neighborhood. One incident that comes to mind is one day during the summer about five years ago, a hot air balloon was unable to continue its path of flight (maybe the air was too still or something). Whatever the reason was, they figured that it would be the easiest thing to land in our backyard. People from all over the neighborhood and beyond trampled through the yard, brought their pets, irrespective of the fact that they were on private property. They did not respond and treated it as if it were a city park when they were asked to leave. I guess they weren't used to seeing people of color in the neighborhood on such a fine piece of land. Also there have been kids, adults, and track teams that have crossed through the yard. Many times we'd ask them to use the sidewalk and get offthe yard. Sometimes they were complacent, other times gave us the occasional "finger", but why should we be subject to that if they are on property that doesn't belong to them? Even though this isn't much, I hope this summarizes some of the negative experiences September 18, 2000 From the time we purchased our home at 131 North First Avenue, there have been numerous occurrences that I feel were invasive, disrespectful and in some cases, racially motivated. These occurrences, though not listed chronologically, are listed below. As I remember and document these acts, they are having the same impact on me as the day they occurred. 1. As we were moving in, all the doors to the house and one garage door were open. It was during the summer of 1990, the weather was hot, so it seemed logical to have the doors open. We were surprised as we came downstairs to see a man standing in the dining room area wanting to know if he could "help" us. He made some mention of the owner not being available and he could contact him (owner) for us. His offer to help was not to help us move in, but rather to question our being in the house. Did it occur to him that we were the owners? He never asked. Would he have done the same thing if the family moving in were Caucasian? 2. On several occasions, school age children walking from the Rita Lyn Ct. homes to First Avenue, using the sidewalk on the north end of the property, have decided to leave the sidewalk and walk across the backyard to the hill on the southwest end of the property. Those that I saw, I called out to them and told them to get out of our yard and use the sidewalk. The responses I got ranged from some actually leaving the yard to others saying "this is not your property" and continuing to walk across the yard. 3. On several occasions, as I left for work in the mornings, I have seen debris in the yard...debris that was not there the previous evening. This debris consisted of cups; wrappers and bags from Blimpie's, empty cigarette packs, empty or partially empty pop cans and bottles. One morning I found a bag of McDonald's fries on the driveway just outside the garage door between two vehicles that were parked there. Neither of us smoke, we don't buy Blimpie's and we don't use our driveway as a trash receptacle. How this debris got in the yard and especially how the fries got to where they were is a mystery to me. 4. A cable technician/repairman was seen in the middle of the backyard, walking from the north end to the south end of the house. His service van was parked in the driveway in the front of the house. When I asked if I could help him find something, he replied "I'm looking for the cable pole...oh, it's out front". If he was not sure of the location of the cable pole, why didn't he come to the front door, ring the doorbell (or knock) and ask? A reasonable person would have asked. These incidences are only a few of the many that have occurred. Some may appear insignificant to some people, but being on the receiving end, I must wonder why. These indignities are disrespectful and invasive at the very least. Racist? Racism in Iowa City? You tell me. NOTICE OF VIOLATIONS NOTICE OF VIOLATION ~ate: August 11, 1998 CITY OF I0 WA CITY JAMES THOMAS JAMES & SANDRA L. THOMAS 131 N. 1ST. AVE. IOWA CITY IA~52245 Case #: COM98-0469 Location of Violation: 131 N 1ST AVE Dear Property Owner: According to the records of the tax assessor, you are the owner of the above-referenced property. On 08/11/98, I observed an apparent violation of the Code of Ordinances of the City of Iowa City on your property. Type of Violation: 14-6N-lB PARKING ON UNAPPROVED PARKING SURFACE. ~rrective Action Required: CEASE PARKING ON UNAPPROVED SURFACE. VIOLATION MUST BE ABATED ON OR BEFORE 08/28/98 If you believe that you are not in violation of the City Code, please contact this office to review the situation. If you intend to bring the property into compliance with the Code, but ca~ot meet the stated deadline, please contact this office and we will attempt to work with you on a short extension. If you do not take the re~ested action or make other arrangements with this office by the specified date, we will begin formal enforcement action. You will not receive an additional wa~ing before we begin formal enforcement action. Enforcement action may include civil pe~lties, a~inistrative remedies such as denial or revocation of City pewits and licenses, criminal court proceedings, and/or action for an injunction or other court order directing elimination If you wish to discuss any aspect of this order, please call me at 319-356-5125. S~ncerely, David Campbell ~ ~ ~ ~. Inspector ~ ~ ~ ~ CITATION MUNICIPAL INFRACTION -- CITY OF IOWA CiTY ORDIHANCE VIOLATION i FILED l wqJCT-9 P;'I 1:,.13 The City of Iowa City, lows vs. DEFENOANTNAME: ThomaR~;{,~R~e~.&: ~dra L. ADDRESS: 131 N. lsO0~'~T[, [~]~'~ Iowa City, IA 52245 The undersigned sta es that the Defendant did violate the Iowa City Coda of 0rdln n or about: ' a cee on 9 / 21! 98 at 11:30 Mo By y, - [~'~A.M. [ ]P,M.,at Addres$ofViolation(s): 131 N. 1st Avenue Iowa City, IA 0efendant herein did violate Section 1 4- 6N- 1 B of Ordinances of the City of Iowa City, iowa, as follows: of the Code Parking on unapproved parking surfac~- 4 vehicles & 2 boats on the grass in the rear yard. CIVIL PENALTY AND COURT COSTS TO BE PAID AT THE TIME AND PLACE OF THE CIVIL PENALTY ASSESSED; S. 1 0 0 o 0 0 COURT APPEARANCE SHOWN ON THE CITATION PAYMENTMUSTBE MADE 8Y COURT COSTS: S CAS. o, CHECK TO CLERK 0P COURT. C0"RT"0USE. J0.NSOH C0UNTY,0WA. Defenda.t is forthwith directed to pay the civil penalty and to correct.'¢ease the v~oJ~flo,,,rofio,,: 1)Cease parking on unapprov~d surface. 2)Install hard surface conforming parking spaces. TO ANSWER THE CHARGES ON THIS CITATION, YOU MUST APPEAR IN COURT 0N'~' 10 t 15 / 98 at 8:00 Mo 0ay y, ~]A.M. [ ]P.M. IN THE COURT AT_ Johnson County Magistrate Court FAILURE TO APPEAR IN COURT WITHOUT GOOD CA USE WILL RESULT IN JUDGEMENT FOR THE CIVIL PENALTY ANU COURT COSTS aND AN ORDER TD CORRECT/ABATE THE VIOLATION(S) BEING ENTERED AGAINST YOU. The undersigned atlests thai the mat~ers herein are true and correct. By City Employee: Dave Campbell Title: Building Insp. Dated:. 10 I I Phone Number: 356-5125 MO ~y Yr IN THE IOWA DISTRICT COURT, IN A~D FOR JOHNSON COUNTY CITY OF IOWA CITY CASE NO.06521 Plaintiff ORDER SETTING vs. CHARGE SANDRA LOUISE THOMAS JAMES THOMAS DATE 09/16/99 The defendant appears by The plaintiff appears by Hearing on type of ) Restitution ( ) Sentencing ( ) Bond Forfeiture ) Motion to Dismiss ( ) Motion to Suppress ( ) Motion in Limine ) Viol.No Cont. Order ( ) Revocation of Prob. ( ) Show Cause ) Show Cause BEP ( ) Final Hearing ( ) App. to Withdraw ) Bill of Particulars ( ) Probable Cause Ks set for the 10/06/99 at 09:00 AM. in Iowa City, Iowa, before a Judge of this Court. The defendant's presence is required at all hearings. Mail~dTo' (',~ ~ ~; ;'~ [ ~ Clerk to notify. '--~ [ ] Copy 9iv~ to def~d~t/defense co~sel. [ ] Warr~t is recalled, CleA's ~ ~nnel Res~n~ IDle [ ] S~ons is recalled, for Maxim9 P~ument Judge~df the Sixth ~udic~al District If you require the assistance of auxiliary aids or services to participate in court because of a disability, im~nediately call your ADA coordinator at 1-319-398-3920 ext 200. If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942. CITATION MUNICIPAL INFRACTION~ -- CiTY OF IOWA CITy OROINANCE VIOLATION C'TA"ON.o. -" The City of Iowa City, Iowa v$ OEFENOANTNAME: Thomas, James ~ Sandra L. ~ ADD~E~: 131 ~. [st AVenue Iowa City, IA 522~5 of Ordina~ces of the City of Fowa City, Iowa, as~ws: of the code P~rkin¢ o~ unappro~e~ pa~k~n~ surfac~. ~ehicles ~ boats o~ the r~¢ n the rear ~ar~, ClVILPENALTYANDCOURTCOSTSTOBE ~ 'Offense .... PAiD AT rile TiME AND PLACE Or THE E~AL~ ASSESSED: ~50. O0 COURT APPEARANCE SHOWN ON THE ~ :ITAT~ON PAYMENT MUST BE MADE BY COURT COSTS: L ;ASH OR CHECK TO CLERK , OF COURT, ~- · OURTHOUSE, JOHNSON ~OUNTY, OWA TO ~ ~. ~ ~nformlng Pa~k~n~ s~a,~ ~ ~ A~SWE~ TH~ CHA~ES ON T~IS C~T~ON, YOU M~Sr APPEA~ ~N COU~7 ON ~ ~ 99 a' ~00 u~. o. ~ - ~' ~1A~ [ ]PM m~ c0u~ A~ ~Oh~son ~U~ ~ ILURE TO APPEAR IN COURT WITHOUT GOO0 CA USE WILL flESU LT IN JUOGEMENT R THE CIVIL PEN4LTY ANO COURT UOSTS AND AN OROER T0 CORRECT/ABATE E g~LA~ON(S] BEING ENTE~D ACAINST YOU, undersigned 8ttests that [he matters he/ein are true and ~rfect. :.vE poy.. d:~ / 3 /99 ~o.e~u~:~56-~ ~ COURT ACTIONS TO: Dennis Miller, City Attorney City of ~ FROM: James ~ RE: Citation # 1320,,Issue Involving 14-6N-lB Not Guilty Plea as On-Going Plans to Build/Tractor on Premises as of September 15th DATE: September 15, 1999 Per our telephone calls of Wednesday, September 8~ and today, September 15~, thi.~ letter confirms the agreement that the second citation action would be continued per the first phone call. As explained to you on September 8~, plans are underway to build a garage to house the vehicles parked on my property at 131 North First Avenue. The problem is, upon speaking with Dave Campbell on September 15~, the approved pesmii to construct the garage had expired. When I spoke to him> he indicated that nothing could be done until I spoke with you or went to court on the second citation which was delivered on September 8~. I indicated to Campbell that we had spoken and had indeed reached an agreement that I would go forth with the garage construction. Campbell indicated his understanding fi.om you, that I would go forward with the construction of the concrete slab. This however, is not correct, because as you may remember from the first hearing, my concern was why should I go through the expense of building a very large concrete slab, and then tear it out (within a short period of time) to build a garage. Therefore, my conversation with you last week indicated the construction of a garage not parking slab. Campbell seems to believe there may be some difficulty with the garage as the new dimensions are slightly larger than the original He suggested that I submit a new request for a building p~,,,;L The new plans are including indicating a garage with dimensions of 44ft. by 66fc The old approved permit was for a structure of 30fi. by 60fi. My conversation with Campbell was to det~mMe if it was lawful to begin the earth evacuation prior to a pt, ,dl being issued. He indicated that it was, but I think given the several coiniv, mications and other oddities related to this year old matter, it may be probably best to wait until the p~-,il is actually issued. Campbell also indicated that it is standard procedure in Johnson County whenever a garage over 1000 sq. l~., is constructed that frost-footings of 42 inches in depth are required. By the way, the tractor to coim,ience the work was brought onto the property and prelh~h,ary procedures were undertaken to start the project. I asked the workers not to break ground until the actual pe~mi~ is in hand. I hope you find this information sufficient and if necessary, enter a plea of "ROJ.gllillX~ regarding the 9/16/99 John.~on County Magistrate Court hearing I greatly appreciate your consideration in this matter. IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY CITY OF IOWA CITY, Plaintiff, MUNICIPAL INFRACTION v. Small Claim No. CISCO48510 JAMES THOMAS, and STATUS REPORT SANDRA L. THOMAS, Defendants. COMES NOW the Plaintiff, City of Iowa City, and pursuant to the Court's Order entered in this case on October 6, 1999, hereby files a status report as follows: 1. Defendants have removed the vehicles stored on the property at 131 N. 1st Avenue in compliance with the Court's Order entered on October 6, 1999. Respectfully submitted, Dennis M~tchell 00014867 Assistant City Attorney 410 East Washington St. Iowa Ci .ty, Iowa 52240 (319) 356-5030 ATTORNEY FOR PLAINTIFF Copy to: James and Sandra Thomas 131 N. 1s~ Avenue Iowa City, IA 52245 DEFENDANTS October 20, 1999 Mr. James Thomas 131 N. 1st Ave. Iowa City, IA 52245 Dear Mr. Thomas: I am writing in follow-up to our hearing before Associate District Court Judge Steven Gerard on October 6, 1999. Although I have not yet received a copy of the Order entered by Judge Gerard, it is my recollection from the hearing that you would have until December 1, 1999 to get the property you own at 131 N. 1$1 Avenue into compliance with the City Code with respect to the vehicles and boats which are being parked in the back yard. I wanted to let you know what options were available to you in order to comply with City ordinances: 1. Up to four vehicles and/or boats may be parked in the back yard as long as the vehicles and/or boats are parked on a hard surface. The vehicles must be operable (including being licensed) and there must be a conforming aisle leading to the parking area. The remaining vehicles and boats will have to be stored somewhere else. The parking of more than four vehicles and/or boats constitutes a parking lot, which is not a permitted use in a residential zone. 2. As we have discussed previously, you may construct a garage in the back yard in which to store your vehicles and boats. However, the square footage of this garage combined with the square footage of your current garage must not exceed the square footage of your residence. Otherwise, the garages then become the principle use on the property. Garages are not a permitted principle use in a residential zone. Based on the information we had available at the time of the hearing, we calculated the square footage of your residence to be 3258 i0o~ square ,~/. ouu.~..,,st the ...... ' Of *~'~ current garage from this amount (978 square feet), you would be allowed to build a garage up to 2280 square feet. If you have any questions regarding the above, please feel free to give me a call at 356-5030 or call the Building Department at 356-5120. Very truly yours, Dennis J. Mitchell Assistant City Attorney c: Dave Campbell, Building Inspector 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 IN THE IOWA DISTRICT COURT scsco JOHNSON COUNTY, IOWA .Case NO~5~..~//~'~'- ~'/'/' ,~/'~ _ /') ~ (Small Claims Dlvislon)~ ~ VS. Address of said Plaintiff Address of said Defendant Plaintiff Defendant Address of said Plaintiff Address of said Defendant TESTIMONY OF WITNESS: TESTIMONY OF WITNESS:, CITY CODE SECTIONS 14-6A-1 14o6A-4 CHAPTER 6 ZONING ARTICLE A. ZONING TITLE, PURPOSE AND SCOPE SECTION: F. Facilitate the adequate provision of transportation, water, sewage dispos- 14-6A-1: Short Title al, schools, parks and other public 14-6A-2: Purpose requirements. (1978 Code §36-1) 14-6A-3: Interpretation And Application Of Provisions 14-6A-4: Scope L14-6A-3: INTERPRETATION AND AP- PLICATION OF PROVISIONS: In interpreting and applying the provisions of this Chapter, such provisions shall be 14-6A-1: SItORT T[TI.E: This Chapter held to be the minimum requirements for shall be known and may be cited the promotion of the public safety, health, and referred to as the City ZONING CHAP- convenience, order, prosperity and general TERor ZONING ORDINANCE. (1978 Code welfare. This Chapter is not intended to §36-2) intedere with, abrogate or annul any ease- ments, covenants or other agreements between parties, except if this Chapter 14-6A-2: PURPOSE: The purpose of this imposes a greater restriction, this Chapter Chapter shallbeto: shall control. (1978 Code §36-87; amd. 1994 Code) A. Promote the public health, safety, order, convenience, prosperity and general welfare; (1978 Code §36-1; 14-6A-4: SCOPE: Except as otherwise amd. 1994 Code) provided in this Chapter, the use of premises and structures in the City shall B. Conserve and protect the value of be in accordance with the minimum stan- property throughout the City and to dards hereinafter established: encourage the most appropriate use of land; A. No structure shall be installed, con- vetted, enlarged, reconstructed or C. Lessen congestion in the streets; structurally altered to exceed the height limit established for the zone in D. Prevent the overcrowding of land; which the structure is located. E. Avoid undue concentration of popula- B. No use shall be established nor~shall tion; and any structure be installed, converted, enlarged, reconstructed or structurally altered, except in conformity with the 798 lowa City (~ ~-..~_ ~ ~ 14-6N-1 14-6N-1 - r-,'7 CHAPTER 6 ZONING ARTICLE N. OFF-STREET PARKING AND LOADING SECTION: within the original building and all enlargements shall thereafter comply 14-6N-1: Off-Street Parking Requirements with the parking requirements set forth 14-6N-2: Off-Street Loading Requirements herein. 4. A use existing prior to the effective date hereof, for which the current 14-6N-1: OFF-STREET PARKING RE- required number of parking or stack- QUIREMENTS]: Off-street park- lng spaces is not provided, may be lng and stacking spaces, aisles and drives converted to another use without full sh~l be provided and maintained in compli- compliance with the required number ance with the following requirements: of parking or stacking spaces, provid- ed: '"-'"A. General Rules and Regulations: The following rules shall govern in the a. If subsection I of this Section design, location a'fid number of off- would require a greater number of street parking and stacking spaces, parking or stacking spaces for the aisles and drives, converted use than were required for the established use, the increased 1. Where a fractional space results, number of parking or stacking spaces the number of parking and stacking shall be provided in compliance with spaces required is the closest whole subsection B of this Section. number. A half space will be rounded down. b. In addition to the number of spaces required under subsection A4a 2. Whenever a use existing prior to above, or if subsection A4a does not the effective date of this Section is apply, as many additional spaces as enlarged less than fifty percent (50%) the lot' will accommodate shall be in floor area, the addition or enlarge- provided. ment shall comply with the parking requirements set forth herein. 5. In the case of mixed uses, the park- ing and stacking spaces required shall 3. Whenever a building existing prior equal the sum of the requirements for to the effective date of this Section is the various uses computed separately. structurally altered by one or more additions, the sum total of which in- 6. Tt~e storage of merchandise, mate- creases the floor area fifty percent rials, equipment, refuse containers, (50%) or more, the uses contained obsolete or junk vehicles or the major 1. See Chapter 9, Article A of this Title for parking facility impact fee. 296 Iowa City 14-6B-1 14-6B-2 CHAPTER 6 ZONING ARTICLE B. ZONING DEFINITIONS SECTION: ACCESS: The place, means or way by which pedestrians or vehicles shall have 14-6B-1: Rules Of Word Construction ingress and egress to a property or parking 14-6B-2: Definitions area. ACCESSORY APARTMENTS: A temporary accessory dwelling unit located within an 14-6B-1: RULES O¥ WORD CONSTP, UC- owner-occupied single-family dwelling and TION: meeting the requirements of this Chapter. A. Words in the present tense include the ACCESSORY BUILDING/USE: A building future tense; the singular number or use which: includes the plural, and the plural number includes the singular. A. Is subordinate to and serves a princi- .~ pal building or use; (... B. The word "shall" is always mandatory; the word "may" is permissive. B. is subordinate in area, extent or pur- pose to the principal building or use C. Terms not defined shall have the served; meanings customarily assigned to them as defined in Webster's New C. Contributes to the comfort, conve- Collegiate Dictionary, as amended, nience or necessity of occupants of Uses not defined or listed shall have the principal building or use; and the meanings as defined in or catego- rized according to the Standard Indus- D. Except for off-street parking as provid- trial Classification (SIC) Manual, Su- ed in subsection 14-6N-lC of this perintendent of Documents, U.S. Gov- Chapter, is located on the same lot as ernment Printing Office, all as amend- or across a street, alley or railroad ed. (1978 Code §36-4) right of way from the principal use. ADDITION: An extension or increase in 14-6B-2: DEFINITIONS: As used in this floor area or height of a building or struc- Chapter, the following definitions ture. shall apply: ADULT DAY CARE: An organized prdgram ABUT/ABU'I-I'ING: Contiguous; having a of short-term supportive day care in a group common boundary, wall or property line. environment for adults who need supervi- sion, assistance or both. Services may 897 lowa City 14-6B-2 14-6B-2 beauty shops; barbershops; shoe repair PUBLIC UTILITY: A system owned and shops, shoeshine parlors and hat cleaning operated by a licensed public utility compa- shops; funeral homes; and other establish- ny or by a railroad company. Such systems ments engaged in providing personal ser- do not include those owned and operated vices, such as steambaths, reducing salons by the City of Iowa City or other govern- and health clubs, clothing rental, locker mental agency. rental and porter services. (See major group 72 of the Standard Industrial Classifi- QUARRY: Land used for excavating stone cations Manual, as amended.) or slate as an industrial operation. PLANTING AREA: An unpaved pervious REAL ESTATE SALES CENTER: A tempo- area intended or used for the placement of rary on-site office within a model dwelling a tree. unit with the provisional use as a real es- tate office for the sale of dwelling units PORCH: A covered entrance to a building and/or lots within the same subdivision or consisting of a platform area, with open or development in which the sales center is enclosed sides, projecting from the wall of a located. building. RECYCLABLE MATERIALS: Reusable PREMISES: See definition of Lot. materials including, but not limited to, met- al, glass, plastic, cardboard, and paper PRINCIPAL BUILDING: A building contain- products which are intended for reuse, lng the principal use. remanufacture or reconstitution for the purpose of using the altered form. "Recy- PRINCIPAL USE: The primary use(s) of clable materials" does not include automo- land or a structure as distinguished from an biles or other vehicles or machinery and accessory use, e.g., a house is a principal their components, structural steel materials use in a residential area while a garage or and equipment, hazardous chemicals or pool is an accessory use. materials such as used motor oil and dis- carded automobile batteries, or biodegrad- PROJECTIONS (INTO YARDS): Parts of able materials such as yard waste. buildings, such as architectural features, which protrude into the required yard or RECYCLING PROCESSING FACILITY: A yards, totally enclosed building used for the collec- tion, storage and processing of recyclable PROVISIONAL USE: A principal use al- materials for efficient shipment, or to an lowed in the zone in which it is listed, sub- end user's specifications, by such means ject to compliance with the specific require- as baling, briquetting, compacting, flatten- merits mentioned with the use and all other lng, grinding, crushing, sorting, shredding dimensional and special requirements (if or cleaning, but not by processes involving any) of the zone as well as the general heat for melting, smelting or burning. A requirements of the Chapter. "recycling processing facility" does not include a~ "salvage yard" as defined i~ this h BLIC RIGHT OF WAY: Property dedicat- Chapter. to public use and intended for the move- e public. 897 ]ou~a Cit~, 14-6N-1 ZONING ARTICLE N. OFF-STREET PARKING AND LOADING SECTION: within the original building and all enlargements shall thereafter comply 14-6N-1: Off-Street Parking Requirements with the parking requirements set forth 14-6N-2: Off-Street Loading Requirements herein. 4. A use existing prior to the effective date hereof, for which the current 14-6N-1: OFF-STREET PARKING RE- required number of parking or stack- QUIREMENTS~: Off-street park- lng spaces is not provided, may be lng and stacking spaces, aisles and drives converted to another use without full shall be provided and maintained in compli- compliance with the required number ance with the following requirements: of parking or stacking spaces, provid- ed: A. General Rules and Regulations: The following rules shall govern in the a. If subsection of this Section design, location and number of off- would require a greater number of street parking and stacking spaces, parking or stacking spaces for the aisles and drives, converted use than were required for the established use, the increased 1. Where a fractional space results, number of parking or stacking spaces the number of parking and stacking shall be provided in compliance with spaces required is the closest whole subsection B of this Section. number. A half space will be rounded down. b. In addition to the number of spaces required under subsection A4a 2. Whenever a use existing prior to above, or if subsection A4a does not the effective date of this Section is apply, as many additional spaces as enlarged less than fifty percent (50%) the lot will accommodate shall be in floor area, the addition or enlarge- provided. ment shall comply with the parking requirements set forth herein. 5. In the case of mixed uses, the park- ing and stacking spaces required shall 3. Whenever a building existing prior equal the sum of the requirements for to the effective date of this Section is the various uses computed separately. structurally altered by one or more additions, the sum total of which in- 6. The storage of merchandise, mate- creases the floor area fifty percent rials, equipment, refuse containers, (50%) or more, the uses contained obsolete or junk vehicles or the major 1. See Chapter 9, Article A of this Title for parking facility impact fee. 296 Iowa City 14-6N-1 14-6N-1 repair of vehicles in required off-street manufactured paving materials such parking and stacking spaces is prohib- as brick, but excluding crushed rock ited. (1978 Code .{,36-58) or chipseal surfaces, for parking areas and drives if the resultant paving pro- 7. Prior to the issuance of a certificate vides a similar, durable, permanent of occupancy as provided in Section hard surface. The City Building Official 14-6U-3 of this Chapter, all parking may permit the use of rock or gravel and stacking spaces, drives and aisles areas for bicycle parking, provided shall be paved with concrete, asphalt edging materials, such as landscape or a similar dustfree sur[ace as pro- timbers, are used so that the bicycle vided in subsection B1 of this Section. parking area is clearly demarcated The Building Official may, however, and the rock material is contained. issue a temporary certificate of occu- (Ord. 95-3706, 12-19-1995) pancy in those instances where the Building Official finds that the paving 2. Design: Except for single-family cannot reasonably be completed due dwellings, including zero lot line and to adverse weather conditions or set- townhouse units, and duplexes, park- fling of land on the site after demoli- lng and stacking spaces, aisles and tion or filling. A temporary certificate drives shall be designed as follows: of occupancy shall be effective only to (1978 Code §36-58) a date specific. Prior to the issuance of a temporary certificate, the property a. Parking areas shall have the owner shall place in an escrow ac- minimum dimensions illustrated in the count, established with the City, an figure at the end of this subsection B amount equal to one hundred ten showing each of the parking configu- percent (110%) of the estimated cost rations permitted. Where the edges of of paving. (1978 Code §36-58; 1994 parking spaces are curved, as on a Code) curved aisle, all angles shall be mea- sured between the straightedges of B. Construction, Design and Location the parking spaces and tangents to Requirements: (Ord. 95-3669, the curved edges at their point of 2-14-1995) intersection. Required bicycle parking spaces shall be at least two feet by 1. Construction: All parking and stack- six feet (2" x 6"). (Ord. 95-3706, lng spaces, drives and aisles, and 12-19-1995) bicycle parking areas shall be con- structed of asphaltic cement concrete, b. Up to one-half (1/2) of the re- Portland cement concrete or manufac- quired number of parking spaces may tured paving materials, such as brick, be eight feet in width by fifteen feet in except for drives and aisles serving length (8' x 15') if "Compact Vehicles single-family dwellings or duplexes Only" signs are posted on the parking which abut and access Woodlawn spaces. Avenue or a nonhard surfaced alley. The City Building Official may permit c. All parking spaces shall be con- materials other than asphaltic cement nected to an aisle which shall have a concrete, Portland cement concrete or minimum width as indicated in the 296 lou~ Cit~, 14-6N-1 14-6N-1 figure at the end of this subsection B. Aisles designed for two-way traffic shall have a minimum width of twenty two feet (22'). d'The greatest aisle width sh°wn i ~ ~ in the figure at the end of this subsec- tion B shall be provided when combin- ing different parking space configura- tions on the same aisle. e. Parking spaces shall be de- signed to permit ingress and egress of the vehicle without needing to move i. All parking spaces, stacking spac- any other vehicle occupying a parking es, drives and aisles in parking areas space. For single-family dwellings, shall be pitched or curbed and drained including zero lot line and townhouse to prevent the flow of excess water units, and duplexes, when located from such areas onto streets and pursuant to the requirements of this alleys which do not have adequate Chapter, one space may be behind drainage facilities as determined by another, the City Engineer. f. No parking area shall be de- j. In all parking areas required by signed in such a manner that exiting a this Chapter, parking spaces shall be parking area would require backing visibly delineated on the surface by into a street, painted or marked stripes. (1978 Code {}36-58) g. If the number of parking spaces required or provided for a use or a k. If two (2) or more parking areas combination of uses on a lot is greater on a lot are connected by a drive, the than eight (8) spaces, none of those parking areas shall be designed so spaces may be located in such a that an aisle connected to more than manner that would require backing twelve (12) parking spaces is not used into an alley, as a drive providing access to another parking area. This requirement may h. Parking spaces along lot lines be waived for property in the CN-1 and alleys shall be provided with car Zone as provided in subsection 13 of stops or curbing so no part of a this Section. (Ord. 95-3677, parked vehicle can extend beyond the 5-23-1995) lot line or into the alley. In addition, traffic islands of pervious or impervi- I. A drive providing access to a ous material shall be located so that parking area with more than eighteen parking spaces are separated from (18) spaces shall be no less than drives and alleys in a manner similar eighteen feet (18') in width if designed to that illustrated below: for two-way traffic or ten feet (10') in 296 lowa City 14-6N-1 14-6N-1 width if designed for one-way traffic, storm water runoff. Under no circumstances may a nonhard (1978 Code §36-58) surfaced drive or aisle be Iocat- m. Parking spaces located on the ed closer than three feet (3') to a ground floor or under a building shall lot line or R zone boundary. be located either within the exterior (Ord. 94-3604, 1-4-1994) walls of a building or screened from view from public streets. Features (3) A parking area in a C or I such as masonry walls, earthen berms zone shall not be located closer or evergreen trees and plant materials than five feet (5') to an R zone shall be used for screening. (Ord. boundary, except an existing 94-3606, 1-18-1994; 1994 Code) nonconforming parking area with a permanent, dustfree surface n. Required bicycle parking racks may be located within five feet shall be designed to support the bicy- (5') of an R zone boundary if the cie by its frame and allow the use of parking area is screened from either a cable lock or a U-shaped lock. view within the R zone by a solid Bicycle lockers and secure indoor fence of durable construction storage facilities are also allowed, which complies with the regula- (Ord. 95-3706, 12-19-1995) tions of Section 14-6S-11 and Article P of this Chapter. 3. Location: Parking spaces, aisles and drives shall be located as follows. (4) Except for single-family dwellings, including zero lot line a. General: and townhouse units, and du- plexes, parking spaces shall not (1) Off-street parking and stack- be located closer than five feet lng spaces, aisles and drives (5') to a ground floor doorway or shall be located on the same lot a window of a dwelling unit. as the use served except as provided in subsection C of this b. Front Yard: Section. (1978 Code §36-58) (1) Except as provided below, in (2) In all R zones and all zones R zones and in the C and I abutting an R zone, except for zones within fifty feet (50') of an drives and aisles serving zero lot R zone, no parking shall be line dwellings, drives and aisles permitted in the front yard. shall not be located closer than three feet (3') to a lot line or an (2) For detached single-family R zone boundary unless the dwellings in the R zones, one of drives and aisles are pitched or the required parking spaces may curbed and drained to prevent be provided in the front yard on the flow of water onto adjoining a regularly constructed aisle, property or unless a drainage- provided not less than fifty per- course has been established cent (50%) of the front yard area along lot lines for the purpose of 296 Iowa City 14-6N-1 14-6Nol shall remain open space free of eo Bicycle parking facilities shall be impe~/ious surface, located in a clearly designated, safe and convenient location. Bicycle park- (3) For zero lot line dwellings, lng is allowed in front and side yards duplexes and family care facili- in all zones, if providing bicycle park- ties, two (2) of the required park- ing in the required yard results in no lng spaces may be provided in more than twenty five percent (25%) the front yard on a regularly of the yard being paved. (Ord. constructed aisle, provided not 95-3706, 12-19-1995) less than fifty percent (50%) of the front yard area shall remain open space free of impen/ious surface. (4) In the ORP zone, only ten percent (10%) of the required (See following page for Parking Con- number of parking spaces may figuration and Dimensions) be located in the front yard not closer than fifty feet (50') to a street. (5) Where the paved surface of a street is narrower than twenty eight feet (28'), four (4) of the parking spaces required by Chapter 7 of this Title, Land Subdivisions, may be located in the front yard on a regularly constructed aisle. c. Side Yard: Except for single- and two-family dwellings or where two (2) lots share the same parking and stacking spaces, drives and aisles pursuant to subsection C of this Sec- tion, no parking spaces, aisles or drives shall be permitted in that por- tion of the required side yard which is contiguous to the principal building on a lot. d. Rear Yard: Parking and stacking spaces, drives and aisles may be provided in the rear yard. (1978 Code §36-58) 296 Zou)a Cit~, 14-6N-1 14-6N-1 PARKING CONFIGURATIONS AND DIMENSIONS Standard Vehicles Compact Vehicles 14-6B-2 14-6B-2 bedroom and, in some instances, the kitch- caregiver. Personal care in this case means en. assistance with the essential activities of daily living which the recipient can perform DWELLING, ZERO LOT LINE: A single- personally only with difficulty, and may family dwelling with one or more walls Io- include bathing, personal hygiene, dressing, cated on a side lot line which is not a street grooming and the supervision of self-admin- or alley right-of-way line. istered medications, but does not include the administration of medications. EASEMENT: A right given by the owner of land to another person for specific limited ELDER LIFE CARE HOUSING: A residen- use of that land, e.g., to allow access to rial facility for elders and persons with dis- &.,,,,~nother property or for utilities, abilities that offers different levels of care, including a nursing home, in an elder con- ELDER: A person at least fifty five (55) gregate housing setting. years of age. ENLARGEMENT/EXPANSION: An increase ELDER APARTMENT HOUSING: A multi- in the volume of a building, an increase in family dwelling intended for use and occu- the area of land or building occupied by a pancy by elders and persons with disabili- use or an increase in the number of occu- ties. pants or dwelling units. ELDER CONGREGATE HOUSING: A resi- EXTRACTION: The extraction of sand, dence for elders and/or persons with dis- gravel or topsoil as an industrial operation, abilities that contains separate apartments excluding the process of grading a lot in or rooming units grouped around shared, preparation for constructing a building. common living space. FACTORY-BUILT HOUSING PARK: A tract ELDER CONGREGATE UNIT: An apart- of land which has been planned and im- ment or rooming unit in an elder congregate proved for the placement of manufactured residence, homes, mobile homes and modular homes on leased spaces. ELDER FAMILY HOME: A private zero lot line or detached single-family residence FAMILY: One person or two (2) or more managed and/or owned by a responsible persons related by blood, marriage, adop- party and offering a social living arrange- tion or placement by a governmental or ment for at least two (2), but for no more social service agency, occupying a dwelling than eight (8) persons living in the resi- unit as a single housekeeping organization. dence, the majority of whom are elders, A family may also be two (2), but not more who are essentially capable of physical than two (2), persons not related by blood, self-care, marriage or adoption. ELDER GROUP HOME: A zero lot line or FAMILY CARE FACILITY/FAMILY HOME: A detached single-family residence that is the community-based residential home, such as residence of a person who is providing a residential care facility, a child foster care room, board and personal care for up to facility, a community supervised apartment five (5) elders who are not related to the living arrangement, or other small group 897 lou~ C~t.~ WRITTEN INFORMATION ARGUED IN COURT REGARDING VIOLATIONS YoHr Honor, We have lived at 131 North First Avenue for approximately 8 years. The land was basically prairie when we purchased the home in 1990. Through the years, we have witnessed and patiently dealt with many rude and crude comments from persons who thought the land we own was/is public space and therefore open for public use _and enjoyment. Indeed it is a lot parcel of land, those two lots comprising #21 and #22 of the Rita Lynn Subdivision, however, no other lot has an easement that extends 447 ft within it property description. Imagine if you will, that when those persons who were supposed to used the sidewalk but decided to take a shortcut through the property were informed that they were illegally on private land and thus, trespassing they would respond by; 1) continued walking without acknowledging the admonitions; 2) use abusive and offensive language; 3) drop soda bottles and cans, candy and sandwich wrappers 4) metal objects, sticks, bricks, and assorted debris; 5) urinate on the cars and car covers and drop bags of assorted trash in the yard _and constitute a general nuisance interfering with our expectations of homeowners of"quiet enjoyment" of the fruits of our labors. None of the behaviors and attitudes would be possible b_u_t_f_ox that easement which grants "specific use" access to the Pdta Lynn Subdivision. ....... Imagine your Honor, sitting on your back porch or back yard and having people totally ignore your request to get offof the property. ....... Imagine you Honor, a hot air balloon landing in your back yard, despite your request to the balloonist that he should not, as it would create a nuisance. The balloonist was told Regina High was slightly to the North and City High was slightly to the South, he landed in the yard anyway. Imagine 60 to 80 people in your yard, overly excited about seeing a hot air balloon come down in the neighborhood ....... , my back yard ...... , Imagine my alarm knowing that as property owner if any one is injured, I will be liable nnless it is clear they are unwelcomed guests upon the land ...... , Imagine children running throughout the yard with its uneven slopes ...... , Imagine that among this crowd are two men with dogs ..... , one animal a pit bull ..... , the other a rottweiler ...... , Imagine my concerns and fears as both dogs strain against their leashes attempting to reach each other as well as chase the many children in the yard ...... , Imagine how I felt as I begin to ask people to get offthe property prior to my summoning the police .... , only to be told this is not your property, as they claim to know the property to be public access as indicated by their Rim Lynn neighbors. For you see, I Imagine there is a far more sinister motive that John Q Public concern about whether my vehicles are properly parked, I think it is a attitudal problem intensified by access onto our property, without regard to the property owner whose land the sidewalks sits. (See Police Report 6/30/97) Or Imagine ....... , a couple of TCI cable employees who had a work order related to its junction box or the line to the home, but were found in the backyard, ....... , observing ...... , and when asked what they were doing in the back yard ...... , indicated, yes the junction box is on the pole out firont!!. No explanation as to why neither stopped at the home to inquire about its location, since they were confused .... !!! (See police incident report filed 12/2/98. CHRONOLOGY OF EVENTS 1) Rec'd a letter dated 8/11/98 from David Campbell, Code Enforcement Inspector, alleging he had "observed" an apparent violation of 14 - 6N - lB, that is; "Parking on an unapproved parking surface." 2) I called Mr. Campbell and he infoxmed me he had received an anonymous complaint indicating my vehicles were parked upon grass. When I asked him what was needed to bring the parking within compliance, he indicated that asphalt or concrete was the "only approved surfaces and that the surfaces needed to be four inches thick. 3) I indicated that I would check into the cost and requested a 30-day extension. Upon checking with both concrete and asphalt contractors, I was quoted a low estimate of $3,500.00. 4) Upon learning that the least expensive method of surfacing would cost $3,500.00, it renewed my interest in building a garage in the area where the vehicles were parked. I had original requested a building permit in 1995, but held offdue to uncertainties regarding remaining in Iowa City (Since 1993 I have been employed with the University of Wisconsin, '93- '98 as Dean of Admissions at the Wisconsin Law School; 2/98 until present as Special Legal advisor to the Vice Chancellor). In 1995, most of my vehicles (since they were either finished or working classics, all of which I have had varying from 8 to 23 years) were housed in storage in Madison. Once it was determined we would remain in Iowa City, I began bringing them home to be housed in a garage, as monthly storage charges were exceeding the cost of building a garage. However, once faced with the cost of surfacing the parking area it seemed insane to spend $3,500 on a surface which would have to be destroyed to make way for the garage. 5) Before I had an oppommity to speak with the permit office, I received a personally delivered citation from David Campbell on 9/21/98. (Keep in mind, I have continued to make the weekly commute to Madison, since 1993 and had only small periods of time while home to conduct the resolution aspects of this matter. ISSUES RAISED AS A RESULT OF TI-1F. CITATION A) whether the citation itself was appropriate; B) whether the method of discovery of alleged violation was appropriate; C) whether the City engages in uniformed enforcement policies and procedures or whether its current method "allows discriminatory "selective enforcement" A) depending upon the procedures for filing a complaint with the city's code enforcement office, it appears anonymous complaints are acted upon, however, what is not clear is whether the code enforcement office engages in periodic inspections, surveys or observations as well. B) Another question I raise is how was the observation evaluated? Did code enforcement rely on the complaint or possible photos of the areas of violation, and where were the observer or photographer standing when the observations were m.ade. If the observations were made from the sidewall, running on the north side of the home, then the observer or photographer was standing on private a private sidewalk on private property, which is maintained by the property owners. Utilizing the City of Iowa City 14 -6B - 2 Zoning definition; "an easement is defined as ....... , a right given by the owner of property to another .... for a' ~ l. J2!112gl~ . ' For example, to allow access to another property or utilities. ' If my interpretation of this definition is correct, the use of the sidewalk 5~ ~,¢ for any purpose other than gaining access from Itt Avenue to Rita Lynn Court. I think if it meant other purposes like observation or photography of my back yard it would so indicate. What I am saying is their exist a privacy issue here as my back yard, unlike the other backyards of the Rita Court subdivision, is subject to review and observation by whomever decided to walk on the private sidewalk that in on my property. ..... a great of such evaluation and observation grants superior rights to all that use the easement, beyond its intended purpose. However, I do not believe the purpose of this easement is to grant such broad authority beyond the access factor. ...I believe this because a greater purpose arising directly or indirectly that my rights as property owner subordinates my rights to all who desire to use the sidewalt~ located on my property, which I maintain for their usag~ In fact, easements do not constitute a public right of way, nor is the purpose of "that sidewalk intended for the use of the general public. " 14 - 6/1 - 3 states that a broad interpretation of usage is violative of 14-6A-3, as the Chapter was not intended to interfere with, abrogate, or annul any easements. ..... , or other agreements between parties unless the Chapter imposes a greater restriction (1978 Code $$36-37; amended 1994 Code. C) Were the property owners alleged to be in violation of 14 - - 6N- B afforded selective or discriminatory enforcement. When I leaned of the anonymous complaint being the catalyst initiating Mr. Campbell's observations, I made a cursory drive around my neighborhood and discovered a total of 39 locations which seem to violative the very ordinance in question. All of the homes were older and some significantly older than mink Please review with me the furnished photos of those 39 locations. ..... all show non-conforming surfaces where vehicles are kept. I also made another drive through the neighborhood last night to make certain those location still reflected non-conforming uses. ..... THEY DO!!! As Mr. Campbell stated to me, mandatory (shall) language of 14- 6N- B requires that surface construction be of....asphaltic cement concrete, portland cement concrete, manufactured paving materials. ...... , BUT AS YOU CAN SEE ....... , AH vehicles are parked on gravel, dirt, grass or a combination thereof, Hence to find me in violation or assess a fine for me regarding a poorly enforced ordinanc~ ..... , which allows widespread non-conforming parking surfaces would not only be patently unfair, ........ but also, ......... discriminatory. CHRONOLOGY OF EVENTS 1) Rec'd a letter dated 8/11/98 from David Campbell, Code Enforcement Inspector, alleging he had "observed" an apparent violation of 14 - 6N - lB, that is; "Parking on an unapproved parking surface." 2) I called Mr. Campbell and he informed me he had received an anonymous complaint indicating my vehicles were parked upon grass. When I asked him what was needed to bring the parking within compliance, he indicated that asphalt or concrete was the "only approved surfaces and that the surfaces needed to be four inches thick. 3) I indicated that I would check into the cost and requested a 30-day extension. Upon checking with both concrete and asphalt contractors, I was quoted a low estimate of $3,500.00. 4) Upon learning that the least expensive method of surfacing would cost $3,500.00, it renewed my interest in building a garage in the area where the vehicles were parked. I had original requested a building permit in 1995, but held off due to uncertainties regarding remaining in Iowa City (Since 1993 I have been employed with the University of Wisconsin, '93- '98 as Dean of Admissions at the Wisconsin Law School; 2/98 until present as Special Legal advisor to the Vice Chancellor). In 1995, most of my vehicles (since they were either finished or working classics, all of which I have had varying from 8 to 23 years) were housed in storage in Madison. Once it was determined we would remain in Iowa City, I began bringing them home to be housed in a garage, as monthly storage charges were exceeding the cost of building a garage. However, once faced with the cost of surfacing the parking area it seemed insane to spend $3,500 on a surface which would have to be destroyed to make way for the garage. 5) Before I had an opportunity to speak with the permit office, I received a personally delivered citation from David Campbell on 9/21/98. (Keep in mind, I have continued to make the weekly commute to Madison, since 1993 and had only small periods of time while home to conduct the resolution aspects of this matter. ISSUES RAISED AS A RESULT OF THE CITATION A) whether the citation itself was appropriate; B) whether the method of discovery of alleged violation was appropriate; C) whether the City engages in uniformed enforcement policies and procedures or whether its current method "allows discriminatory "selective enforcement" A) depending upon the procedures for filing a complaint with the city's code enforcement office, it appears anonymous complaints are acted upon, however, what is not clear is whether the code enforcement office engages in periodic inspections, surveys or observations as well. B) Another question I raise is how was the observation evaluated? Did code enforcement rely on the complaint or possible photos of the areas of violation, and where were the observer or photographer standing when the observations were made. If the observations were made from the sidewall; running on the north side of the home, then the observer or photographer was standing on private a private sidewalk on private property, which is maintained by the property owners. Utilizing the City of Iowa City 14 -6B - 2 Zoning definition; "an easement is defined as ....... , a right given by the owner of property to another .... for a' ~ ~ . ' For example, to allow access to another property or utilities. ' If my interpretation of this definition is correct, the use of the sidewalk -~_: ~,¢ for any purpose other than gaining access from 1st Avenue to Rita Lynn Court. I think if it meant other purposes like observation or photography of my back yard it would so indicate. What I am saying is their exist a privacy issue here as my back yard, unlike the other backyards of the Rita Court subdivision, is subject to review and observation by whomever decided to walk on the private sidewalk that in on my property. ..... a great of such evaluation and observation grants superior rights to all that use the easement, beyond its intended purpose. However, I do not believe the purpose of this easement is to grant such broad authority beyond the access factor. ...I believe this because a greater purpose arising directly or indirectly that my rights as property owner subordinates my rights to all who desire to use the sidewalk located on my property, which I maintain for their usage. In fact, easements do not constitute a public right of way, nor is the purpose of "that sidewalk intended for the use of the general public. ' 14- 6A - 3 states that a broad interpretation of usage is violative of 14-6A-3, as the Chapter was not intended to interfere with, abrogate, or annul any easements. ..... , or other agreements between parties unless the Chapter imposes a greater restriction (1978 Code $$36-37; amended 1994 Code. C) Were the property owners alleged to be in violation of14 - - 6N- B afforded selective or discriminatory enforcement. When I leaned of the anonymous complaint being the catalyst initiating Mr. Campbell's observations, I made a cursory drive around my neighborhood and discovered a total of 39 locations which seem to violative the very ordinance in question. All of the homes were older and some significantly older than mine. Please review with me the furnished photos of those 39 locations. ..... all show non-conforming surfaces where vehicles are kept. I also made another drive through the neighborhood last night to make certain those location still reflected non-conforming uses. ..... THEY DO!!! As Mr. Campbell stated to me, mandatory (shall) language of 14- 6N- B requires that surface construction be of....asphaltic cement concrete, portland cement concrete, manufactured paving materials. ...... , BUT AS YOU CAN SEE ....... , AH vehicles are parked on gravel, dirt, grass or a combination thereof, Hence to find me in violation or assess a fine for me regarding a poorly enforced ordinance. ..... , which allows widespread non-conforming parking surfaces would not only be patently unfair, ........ but also, ......... discriminatory. COPIES OF POLICE REPORTS FILED BY PROPERTY OWNERS CASE REPORT: CALLS FOR SERVICE DATE PRINTED: 03/29/2000 00.Agency: 1 IOWA CITY POLICE DEPT.__ 01.Inc ~: 97033854 02.Rec By: MCCRE 03.Date Reported: 06/30/1997 04.Time Reported: 2051 05.Shift: 2 1500-2300 06.Activity: 05700 TRESPASS/INn/ADE PRIVA 07.Priority: 2 DISPATCH WITHIN 5 MINU 08.City IOWA CITY 09.L0c 131 1 AV N 10.B/R 005503 ll.Apt~ __ Name THOMAS,J~ES Tel 3589585__ How Rec T Type C 19.Rem: PRINCETON RD/TUDOR DR 20.units: 0037 30.Off: 00037 32.Disp 2057 Enrt 2057 Art 2100 Comp 2110 *Transp* Enrt Art Comp 39.Other Agcy: _ _ 41.Ad: -- 42.Dsp By: -- 43.Case{: 44.Dispo: 45.Line 1: COMPL STATES THAT A HOT AIR BALLOON HAS JUST LANDED IN HIS YARD 46~Line 2: WITHOUT HIS PERSMISSION AND NOW CARS ;~ND PEOPLE ARE ALSO COMING_ 47.Line 3: INTO HIS BACKYARD ALL WITHOUT HIS PERMISSION HE HAS NOT ASKED_ 48.Line-4: ANYONE TO LEAVE YET HE WOULD LIKE THE POLICE TO DO THAT INSTEAD ll.B/R 005503 12.Name TBOMAS,JAM~S Tel 3589585__ How Bec T Type C 19.Rem: PRINCETON RD/TUDOP DR 20.units: 0037 30.Off: 00037 -- 32.Disp 2057 Enrt 2057 Arr 2100 Comp 2110 *Transp* Enrt Art . comp 39.other AgCy: _ _ 41.Ad: -- 42.Dsp By: 43.case#: 44.Dispo: X 45.Line-l: COF~L STAq!~S THAT A HOT AIR BALLOON HAS JUST LANDED IN HIE yARD 46.Line-2: WITHOUT HIS pERSMISSION AND NO~ CAR~ AND PEOPLE ARE ALSO COMING_ 06/30 2052 MCCRE (1)Pol: 005503 (2)Fir: 1055 ( )EMS: ( )Zone: CASE REPORT: CALLS FOR SERVICE DATE PRINTED: 03/29/2000 00.Agency: 1 IOWA CITY POLICE DEPT. 01.Inc #: 98037058 02.Rec By: ROOKS 03.Date Reported: 06/19/1998 04.Time Reported: 2030 05.Shift: 2 1500 2300 06.Activity: 0INFO INFORMATION ONLY__ 07.Priority: 4 DISPATCH AS AVAILABLE_ 08.City IOWA CITY Og.Loc 131 1 AV N 10.B/R 005503 ll.Apt# __ Name THOMAS,JAMES Tel How Rec T Type C 19.Rem: PRINCETON RD/TUDOR DR 20.units: 8888 30.Off: 32.Disp 2030 Enrt 2030 Arr 2030 Comp 2030 ~Transp* Enrt Arr Comp 39.Other A§cy: _ _ 41.Ad: 42.Dsp By: ROOKS 43.Case~: 44.Dispo: M 45.Line-l: REQU DOCUMENTATION THAT HE AGAIN NOTIFIED US OF PEOPLE CUTTING__ 46.Line 2: ACROSS HIS PROPERTY,,,SUBJ WAS ADV'D HE COULD POST SIGNS OR PUT_ 47~Line 3: UP A FENCE,,,,SIMPLY REQU DOCUMENTATION FOR NOW 48.Line 4: 06/19 2028 ROOKS Verified 131 1 AV N IOWA CITY 06/19 2028 ROOKS (1)POl: 005503 (2)Fir: 1055 { )EMS: ( )Zone: 06/19 2030 ROOKS ** Initial Call Posted ** ASSIGNED TO: DATE: TIME:__ REVIEWING SUPERVISOR: DATE: ~ IINIT *Date*Time*Status** Incident Activity ASSN/BU-1/BU 2 0011 98/12/19 1835 1 2 98072792 0011 98/12/19 1843 2 3 98072792 0011 98/12/19 1850 3 4 98072792 0011 98/12/19 1858 4 1 98072792 12/02 1731 GERST Verified- 131 1 AV N 12/02 1731 GERST (1)Pol: 005503 {2)Fir: 1055 ( )EMS: ( )Zone: 32/02 1734 GERST ** Initial Call Posted ** 12/02 1739 DROLL ** Call updated ** 12/02 1744 DROLL COMPL ~{AD TO LEAVE WILL CALL BACK UPON MER RETURN APPROX 1/2 18/02 1744 DROLL 12/02 1809 DROLL COMPL IS NOW HOME 12/02 1836 DROLL ** Call Updated 12/02 1836 DROLL <UNITS>: 0011 12/02 1836 DROLL <XMIT> MDT 12/02 1836 DROLL ** Call Updated ** 12/02 1843 DROLL ** Call Updated ** 12/02 1849 DROLL ** Call Updated ** 12/02 1850 DROLL ** Call Updated ** 12/02 1858 DROLL ** Call Updated ** 12/02 2126 DROLL ** Call Updated ** 12/04 1639 GERST ** Call Updated ** 12/07 1033 KATHY *~ Call Updated ** 12/11 0836 TMOMA ** Call Updated ** ASSIGNED TO: DATE: TIME:__ REVIEWING SUPERVISOR: DATE: CASE REPORT: CALLS FOR SERVICE DATE PRINTED: 03/29/2000 00.Agency: 1 IOWA CITY POLICE DEPT.__ 01.Inc ~: 98072792 02.Rec By: GERST 03.Date Reported: 12/02/1998 04.Time Reported: 1732 05.Shift: 2 1500 2300_ 06.Activity: 00PUB pUBLIC ASSIST/DELIVER 07.Priority: 2 DISPATCH WITHIN 5 MINU 08.City IOWA CITY__ 09.Loc 131 1 AV N 10.B/R 005503 ll.Apt~ Name THOMAS,SANDRA & JAMES Tel 3193589585 HOW Rec T Type C 19.Rem: PRINCETON RD/TUDOR DR 20.units: 0011 30.Off: 00011 -- 32.Disp 1835 Enrt 1835 Arr 1843 Comp 1858 *Transp* Enrt Art Comp 39.Other Agcy: -- -- 41.Ad: -- 42.Dsp By: -- 43.Case~: 000098812133 44.Dispo: K 45.Line 1: EARLIER TODAY COMP LOOKED OUT AT HER BACKYARD AND SAW 2 MALES IN 46.Line 2: THE YARD//COMP ASKED THEM IF SHE COULD HELP THEM/THEY SAID THEY 47.Line-3: WERE FROM THE CABLE CO ~ THAT THEY WERE THERE TO COLLECT 48.Line-4: THE COMP IS ADVISING THE CABLE BOX IS IN THE FRONT YARD AND THEY 49.Line-5: HAD NO BUSINESS IN HER BACKYARD//WANTS TO SPK W ;{N OFFICER IOWA CITY POLICE ,NC # ~ ~ ~ '7 7.-7 e 7~ qNITIAL INCIDENT INCIDENT REPORT .~UVENILE INVOLVED '~UPPLEMENTAL ~l~'~'~ ~ CASE NO INCIDENT/OFFENSE J LOCATION OF INCIDE~NT REPORT DAY/DATE/TIME I OCCURRED DAY/DATEJTIME ( R B EN) REPORTEDBY: I LAST, FIRST, MIDDLE NAME I ADDRESS, CITY, ST, ZIP PHONE '~ ~ I ,~T.F,RST. M,DDLEN~E . S~ R~E SS~.~,, <~'~ ~-7 "O O R,SP ~ UNKIDOB / J PHONE 3 ~- ~ TYPE OF INJURY (check up to five): [ ] M - micor injury (bruises, abrasions, minor lacerations, sprains) [ ] L- severe lacerations [ ] S - scalas/bums [ ] I - possible intemal injuries [.]_ B - broken bones/skull fracture I ] T- loss of teeth [ ] O - other major injui3, [ ] U - unconsciousness ~[- N - none REFERRALS: ~N*noco [ ] L-legal [ ] M-medisel CHILDREN: [ ] U-present/unharmed EVIDENCE COLLECTED: [ ] photos ~'none [ ] C - counseling [ ] F. financial assistance SEX J [ ) O-other [ ] H-present/harmed .~N-nonepresent [ ] tinge~)dnts otherevidence [] HISP [] UNK DOB LAST, FIRST, MIDDLE NAME RACE SSN J I g NON-H SP ADDRESS, CITY, ST, ZIP J PRONE J (HM) 0NK) TYPE OF INJURY (check up to five): [ ) M - micor injury (bruises, abrasions, minor lacerations, sprains) [ ] L - severe lacerations [ ] S - scalds/bums [ ) I - possible iatemal injuries [ ] B - broken bonse/skull fracture [ ] T - loss of teeth [ ] O - other major inju~J [ ] U - unconsciousness [ ] N - cone REFERRALS: [ ] N- none [ ] L-legal [ ] M- medical J CHILDREN: [ ] U- present/unharmed EVIDENCE COLLECTED: [ ] photos [ ] none [ ] C-counseling [ ] F-tinanclalassistance [ ] O-other J [ ) H-present/harmed [ ] N.nonepresent fngerpdnts [ othereviclence ~oss I LAST. FIRST. MIDDLE NAME OWNER I ADDRESS, CITY, ST. ZIP PHONE (.M) CODEJ I (WK CEH CONDITION, MARKS, CONTENTS TTY NO ~ODE VALUE CANCELLED LOSS BICYCLE BRAND/MODEL WHEELSIZE CI MALE COLOR TRIM COLOR FRAME CODE Q FEMALE SERIAL NO VALUE AGE SPEED TrY, DESCRIPTION SYNOPSIS C jsuPv j REV,EWE~ ~/~ CST R E PORTI~__~____~E% .. P N DATI~ ,~DSDISTTO I RECORDS CODE ~CEPTION~CLEARANCE: Q yes ~ no CASESTATUS < ~EPO~INGPA~SIGNA~RE PiN J J Q juvenile - no cust~y ~ cleared by arrest 3ATE ~ DOMESTIC I ~ BIAS ~ prosec~on declined ~ warrant i~ued ~ ina~ve ~ LEO~ ~ e~rad tion denied ~ TOT o~er a~en~ ~ unfounded ~ TOT OTHER WATCH: ~ UNDER INV REPORTING OFFICER ~ TOT INVESTIGATIONS DHS NOTIFIED DAT~IME ~ TOT OFFICER: ~ TOTOTHER AGENCY: Q REFERRAL SHE~ REQ Q yes ~ no Supplemental Report Case# 988 ~ On 11/3/98 1 spoke with TCI technical services manager Dennis Martel. I spoke to him because he is the supervisor of the employees in question and these employees were gone when I arrived at the Thomas household. He told me he is aware of the situation. He also said the employees have worked for TCI for some period of time and are good employees. He explained that said employees were on the Thomas property with a work order, and were in they backyard legiNmately doing their work. Nothing further at this time. CASE REPORT: CALLS FOR SERVICE DATE PRIN~S: 12/10/98 00.Agency: I IOWA CITY POLICE DEPT. 0l. Inc #: 98072792 02.R~c By: GE~ST 03.Date Reported: 12/02/98 04.Time Reported: 1732 05.Shift: 2 1500-2300 06.Activity: 00PUB PUBLIC ASSIST/DELIVER 07.Priori%y: 2 DISPATCH WITHIN 5 MINU 08.Loc 131 1 AV N 09.Apt# 10.City IOWA CITY I1.B/R 005503 12.Name TROM~S, SANDP~ & JAMES Tel 3193589585 Bow Rec T Type C 19.Rem: PRINCETON RD/TUDOR DR 45.Llns-1: EARLIER TODAY CO~ LOOKED OUT AT HER BACKYARD AND SAW 2 MALES IN 48,Line-4: THE COMP IS ADVISING THE CABLE BOX IS IN THE FRONT YARD AND THEY ~ L~NIT *Date*Time*Status** Incident Activity ASSN/BU 1/BU~2 0077 99/10/19 2032 1 5 99055267 0077 99/10/19 2119 5 1 99055267 10/01 2021 I1020 verified 131 1 AV N IOWA CITY 10/01 2021 I1020 (1)Pol: 005503 (2)Fir: 1055 ( )EMS: ( )Zone: 10/01 2023 I1020 ,XMIT> MDT 10/01 2023 I1020 ** Initial Call Posted ** 10/01 2032 HEICK ** Call Updated ~ 10/01 2032 HEICK <UNITS,: 0077 10/01 2036 HEICK 87 ADVISES C~ TICKET VEHS ONLY NO TOW 10/01 2119 HEICK ** Call Updated ** ASSIGNED TO: DATE: TIME: REVIEWING SUPERVISOR: DATE: CASE REPORT: CALLS FOR SERVICE DATE PRINTED: 03/29/2000 00.Agency: 1 IOWA CITY POLICE DEPT.__ 01.Inc #: 99055267 02.Rec By: I1020 03.Date Reported: 10/01/1999 04.Time Reported: 2023 05.Shift: 2 1500 2300_ 06.Activity: 00092 IMPROPER/ILLEGAL PARK 07.Priority: 3 DISPATCH WITHIN 30 MIN 08.City IOWA CITY 09.Loc 131 1 AV N 10.B/R 005503 ll.Apt# Name THOMAS,MAYA Tel 3589585__ How Rec T Type C 19.Rem: PRINCETON RD/TUDOR DR 20.units: 0077 -- 30.Off: 00077 -- 32.Disp 2023 Enrt 2119 Arr 2119 Comp 2119 *Transp* Enrt Arr Comp 39.Other Agcy: 41.Ad: 42.Dsp By: __ 43.Case#: 44.Dispo: X 45.Line-l: VEH$ BLOCKING COMPLS PROPERTY, BLOCKING EXIT - 46.Line 2: LIC/905BKL, 6730IR, 836BWT, 986BZP, 268GIQ,040BKV,975GSY 47.Line 3: CALL COMPL WHEN U ARRIVE 48.Line 4: ## [INIT *Date*Time*Status** Incident Activity ASSN/BU 1/BU 2 0008 99/11/19 0812 1 2 99062015 0008 99/11/19 0824 2 4 99062015 0008 99/11/19 0905 4 7 99062015 0008 99/11/19 1001 7 1 99062015 11/01 0809 THOMA ,NO GEO.- 131 1 A/q N IOWA CITY 11/01 0818 THOMA Verified- 131 1 AV N IOWA CITY 11/01 0812 THOMA (1)Pol: 005503 {2)Fir: 1055 ( )EMS: ( )Zone: 11/01 0813 THOMA <XMIT> MDT 11/01 0813 THOMA ** Initial Call Posted ** 11/01 0813 THOMA .I/NITS>: 0008 11/01 0816 THOMA ** Call Updated ** ll/01 0824 THOHA ** Call Updated ** 11/01 0856 THOMA <XMIT> MDT 11/01 0856 THOMA ** Call Updated ** 11/01 0856 THO~dA ** Call Updated ** 11/01 0905 THOMA ** Call Updated ** 11/01 1001 THOMA ** Call Updated ** 11/01 1001 THOMA t* Call updated ** ASSIGNED TO: DATE: TIME:__ REVIEWING SUPERVISOR: DATE: CASE REPORT: CALLS FOR SERVICE DATE PRINTED: 03/29/2000 00.Agency: 1 IOWA CITY POLICE DEPT .__ 01.Inc ~: 99062015 02.Rec By: THOMA 03.Date Reported: 11/01/1999 04,Time Reported: 0809 05.Shift: 1 0700 1500_ 06.Acti¥ity: 05700 TRESPASS/IN+VADE PRIVA 07.Priority: 2 DISPATCH WITHIN 5 MINU 08.City IOWA CITY 09,Loc 131 1 AY N 10.B/R 005503 19.Rem: PRINCETON RD/T~OR DR 20.units: 0008 . __ 30.Off: 00008 __ 32.Disp 0812 Enr~ 0812 Arr 0824 Comp 1001 *Transp* Enrt Arr Comp 39.Other A§CF: _ 41.Ad: _ 42.Dsp By: __ 43.Case~: 000099910276 44.Dispo: K 45.Line-l: SPEAK TO RESIDENT REF WATER BALLOONS THROWN AT HIS HOUSE__ 46.Line 47.Line 3: 49.Line-5: INFO CAME THROUGH HARNEY WHO WAS LEFT A NOTE COPIES OF STRORAGE RENTAL AGREEMENTS .2D9 E.-6th St. WE. ST LIBERTY, IA. 52776 D^~--.--.~-~L~9 '~'~ NO. 6599 RECE,VEDF,O,~ ~,~-- 5',~-- FOR RENT OF ~ ~ o 4 . I~ ~ ~n I~ modc.Ihts ~1~ {lay of ..~, , ~, between~Penn S~'Mini Storage, ~PO ~o~ 1020 Penn Street N. Liber~, Iowa 52~17 019) 626-3770 (hereinn~er called Iowa (herelnaft~r called Premis~), Ga te~ of ~onths, eommaneing on th~day of~ ~ rn · Rental, 97 Quincy Rd. Solon, Iowa S2~33 (319), 644-35~3 (heteina~cl called 19 , m~d endhig on the day of ,19. , upoo the condition that the Tdnant pays r~nt therefole, m~d othetmi~e pe~fm ms all agreements and obligations provided fro' tiffs lease. 2. T~nant agrees to pay L~dlord ~ental tm said trim }3~ per month, in advance, thc first advance, on the ~ day of each month therafle~ dm'in8 the term of this lease. Delinquent payments sh~l tor~ the L~dlord to termioate tl~s lease 3. Tenant shall yield possession to Lm~dlord at the time m~d date of the clo~e of this lease term. Tenm~t shall m~nt~n the pret~ses in present condition, except for ordinau went, and sh~l surrender the pronfises in such condition. 4. Tenant sh~l use pread~s solely for storage of personal properly. No storage of live a~dmals allowed. Teaam may not u~ tbe prenfises tot residential purposes. Tenant may m~e no unlaw~l use of prenfises Tenant sh~l not allow trash, garbage, o~ jm~ to accumulate on the p~ Tenant shall m~ntaio the preo~ses in a s~c condition Tenaot shall not stoic an~hin8 which may no allow to be damaged any pan of the premises. Tenant shall conduct himselffherself and the stm age of p~ openy without disturbing or i~ffringing upon storage areas m lessees. 5. Tenant may not as~i~ fids lea~ or sublet lhe piemiscs. T~nmit hereby under,tin, ds ~d agr~s that Landlord is not responsible fo~ any loss or damage tu any contents stor~ hi the preofises, m~d Teoant waives and ~eleases rely claim Tenant my have against L~dlord or m~y paay ~li~ted with Landlord fm any dmnage or loss to contents stored in the prendses. 7. This lease amy be termlnn*~ by Landlord at ~nv time if Landlord ceases suth stm'~te business, without notice. Te~nt w~ves and releases aoy claim for damages aghast Landlord aoy p~y ~cilat~ with ~dlord, except for the re.od of ~ potion of pre-p~id rent, wlfich equal to the pgorat~d ~mount p~d for the unexpired term of the l~se. b~ ~hnpter SggA of the Code of Iowa, and understands and ~er~s that the owner of the ~el[setwice stor~ee faeilltv, and its successors have a nossesso~ llen unon ~11 nersonnl orooesav Iocat~ nt the sel[ses~ice storaee facility for all claims made by Landlord 8eninst Tgnant ~s ~llow~ by law. includine, but not limited to. claims for uno~id rent. inter.t, rep~is~ pannikin. ~ost~. f~. attorney f~s. or exoense, and that said lien attaches as of the o~ other disposition of the prope~y. The address of Tenant shown oa fids lease may by used as the ad&ess For m~n~ any no6ee required by law. Tenant uoderstands and agrees that Lmidlo~ d may deuy Trumlt access to persol~ ptopeny stm rd on the p~eofiscs if Landlmd has any claim wldch has become due IN WITNESS %TIEREOF THE undersigned parties execute tiffs Agreement on the fi~st day above written, Solon Storage Rent.s 1. I Month deposit ~equi~ed upon possession By -~ ~Jt~g~~/'~ 2.30-day notice is,~ui,ed when leavin~ 'L~&~a~' - - ~g'~ Deposit may be te~nded at that time 3. ~1 gates closed in evenings Tenant ~ ~ ADDITIONAL CONSTRUCTION PLANNED ROCHESTER PLACE COVENANTS . SUBDIVIDER'S A'~I'ORNEY: PLAT PREPARED BY: : ' Company)~ Marion R. Neeley ' ' MM$ Consultants, Inc. · Iowa State Bank & Trust Building 465 Hwy J West, ~ank-;Building (g Iowa City, Iowa Iowa City, Iowa I R S T soo°oo'oo"E ~,~o.?sL . A V__E N U E o o.~ .... ~ _ _,oo.o0,_ ...... ~ :~ ~ ~7 .~', : I /- $'rORMW&T£ R IANAG£MENT ? I~ ~oo.oo' 0 b I~ - / ~ STOR MWATER MANAGEMEN~ · ): .... ,~,.~'_z_/_ - ~ ~,oo' [ / / _[ ,' -I0' WALKWAY - FINAL PLAT ROCHESTER PLACE Iowa City, Iowa , _.,,~ ...... 9 5 ~,~.~ I .... ~ .... ', 20 16 15 ' 14 FACILITIES MAINTENANCE AGREEMENT AND DECLARATION OF COVENANTS AGREEMENT AND DECLARATION OF COVENANTS (Declaration)., by a~d between Oakes Construction Company (Oakes or Developer) and the City of Iowa City (City), I. RECITALS A. Oakes is the owner and developer of a resident:iai subdivision known as Rochester Place, Iowa City, Iowa, as mere particularly described in Exhibit "A" attached hereto (hereinafter "Rochester Place"). B. In conJunctl6n with approval of the plat of subdivision of Rochester Place, the City has required, anong other things, that Oakes (1) grant an easement for and install a public walkway from Rite Lye Court to First Avenue, and (2) install a stomwater detention basin and related drainage sewers, inlets, ditches and earthwork (tile "stormwater detention C. Responsibility for maintenance of the walkway and stormwater detention facilities, and any liability related to them, shall be on all of the armors of lots in the subdivision. O. Rochester Place Homeowners' Association has been formed to handle the foregoing responsibilities on behalf of the individual Lot Owners, ,.I]. AGREEMENTS 1.1 Definitions. For purposes of this Declaration, "Common Elements" include: a. the walkway extending between Rite Lye Court and First Avenue, parts of which lie on Lots g, 10 and 21 of Rochester Place, including tho walkway easement and the surface of the walkway, and b. the stormwater detention basin and drainage facilities related to its use, specifically including the stormwater management easement area shown on tho plat of Rochester Place on parts of Lots 10, 11. 21 and 22, and the drainage swales and other earthen devices in the 20' drainage easements shown o. Lhe plat of Rochester Place on parts of Lots 1-10 and 12-20. 1.2 Use of Common Elements. lhe Common Elements have been or are being ins(~ll6d'-for the benefit 'of all Lot Owners and no Lot Owner shall have authority to alter or remove any of the Common Elements. 1.3 No Partition. lhe Common Elements and the lots upon which they are locatm-')' ~hall rm~ialn undivided and sball not.bo divided or split in .any manner without tile prior written consent of tile City, 2. Mana!~ement <)f Conmnon Elements '~ 2.1 lhe Association. Rochester Place Itomeowners' Association, an Iowa non-profit corporation, shall be the governing body for all of the Lot Owners for the maintenance, repair, replacement, administration and operation of the Common Elements, as provided tn this Declaration, and the Articles of Incorporation and By-Laws of the Association. a. Board. lhe Board of Directors of the Association shall be appointed or e'lec'~l]-ed and shall serve in accordance with the provisions of the By-LaWs. b. Fiscal Year. lhe fiscal ~ear of the Association shall be determined by ~the Board and may be changed from time to time. c. Benefit. All activities undertaken by the Association shall be for the sdle benefit of the ~'ot Owners, and all funds received by the Association shall be held and applied by it for the use and benefit of Lot Owners in accordance with the provisions of. this Declaration and the Dy-Laws. d. Mmhers. Each Lot Owner shall be a member of the Association SO long ns be-oT-s)-~ is o Lot Owner, subject to provisions of tho By-Laws, A Lot (~ner's m~nbership shall auLomaLtcally terminate when he or she ceases to be a Lot Owner. Upon tile conveyance or transfer of a Lot VOL 848 - 2 Owner's ownership interest to a new Lot Owner, the new Lot Owner shall simultaneously ~uccoed Lo the loner Lot Owner's membership in the Asso- ciation. 2.2 Voting Rights. Each lot shall be entitled to one (1) vote at all times. 2.3 Management of Prol}ert.v. The Board shall have the authority to engage the services of an agent Lo maintain, repair, replace, and operate the Common Elements, or any part thereof, to the extent deemed advisable by the Board. The cost of such services shall be a Common Expense. 2.4 Non-Ltabllit)' of Directors Ooard~ Officers and Developer, Nei- ther the Directors, the Board or o~ficers of the Rssoclatlon nor Oakes shall be personally liable to the Lot Owners for any mistake of Judgment or for any acts or aeisstons of any nature whatsoever as such Oirectors, the Board, officers or Oakes, except for any acts or omissions found by a court to constitute gross negligence or fraud. The Lot Owners shall indemnify and held harmless each of the Directors, the Board, officers and Oakes, and their respective heirs, executors, administrators, successors and assigns in accordance with the provisions of the By-Laws. 2.5 Board's Determination Binding. in the event of any dispute or d sa~;l['beLween any lot owners re)'ating to the Common Elements or any quesltons et inLerl)reLation or app tcatton of the provisions of this Dec- 1oration or the By-Laws, tile dispute or disagreement shall be submitted to the Board. The determination of the dispute or disagreement b~ the Board shall be btndtng on each and all Lot Owners, subject to the right of Lot Owners to seek other remedies provided by law after such determination by the Board. 3. Con,non Expeoses 3.1 Responsibilities. The owner of each lot shall pay one twenty- second (1/22) of Lbo Common Expenses determined by the Board of Directors pursuant to the By-Laws, Except for its responsibilities to construct the Common Elements, and as a Lot Owner as provided herein, the Developer shall have no responsibility for the maintenance, repair, or replacement of any part of the Comnon Elements after the date this Agreement is corded. 3.2 Payment. Payment of Common Expenses, including any pre-payment thereof required by contract for sale of a Lot, shall be in such amounts and at such times as determined in the manner provided in the By-Laws. No Lot Owner shall be exempt from payment of his or her proportionate share of the Con,non Exl)enqes hy waiver, non-use, or non-enjoyment of the Common Elements or by ahandunment o~' his or her Lot. If any Lot Owner shall fail or refuse to make any such payment of the Common Expenses when due~ the amount thereof with interest thereon at tile maximum lawful rate in the Stain of Iowa, accruinu frown and after tile dale Lilac the Con~aon Expenses becc, ne due add payable, shall constitute a lien on the Lot Owner's lot. 3.3 Enforcement of Lien, The Board may brtng an action at law against any Lot Owner personalty obligated Lo pay the same for collection -of hts or Jar unpaid ~roporttonate si)are of Common Expenses, and Interest, costs and reasnnahle attorney s fees of any such action shall be added to the amoout of such assessment. Each Lot Owner, by acceptance of a deed to .or recording a contract for purchase of a Lot, expressly vests in the Board and ils agnnLs the right and power Lo bring all actions against such Lot Owner personally for the collection of such charges as a debt and to enforce the 1lea hy nll methods available for the enforcement of such liens. 1he lien shall he In favor of the Association ami shall be for the common beneftL of all Lot Owners, 3.4 Insurance p~ltcles. All insurance poltctes upon the Common Elements snal~ De purchasec) oy the Association. The named tnsured $hall be the As~octation, Individually, and as agent for the Lot Owners~ without naming thom, and as agent for their mortgagees. Provision shall be made for the issuance of mortgage endorsements and memoranda of insurance to the mortgagees. Such policies shall provtde that payment' by the insurer for losses shall be made to the Association or an insurance trustee desig- nated by the Association, and all poltctes and their endorsements shall be deposited with the Association or such trustee. Lot Owners may obtain coverage at their own expense for their property and other risks, PremtemS for insurnnce policies purchased by the Association shall be paid by the Association as a {'.omnno Expense. lhe Association is Irrevocably appointed agent for each Lot Owner and for each mortgagee to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon payment of claims. VOL 990 849 -- 3 3,5 insurn.ce Coverage. lhe Association shall obtain the following insurance coverage: a. Public Liability. Public liability insurance in the name of the Association, relating to risks associated with ownership, maintenance and operation of the Con,non Elements, in such amounts end with such cover- age as shall be required by the Board of Directors, wtbh cross liability endorsement to cover liabilities of the Lot Owners, Jointly and severally, and the City. b. Worker's Compensation. Worker's compensation insurance if necessary Lo meet tho requirements of Iowa law. c. Directors' and Officers' Insurance. lhe Board shall also have authority to and may obtain such insurance 'as it deems desirable, in such amounts, from such sources and in such forms as it deems desirable, insuring each member of the Board and officer of the Association, and each member of any committee appointed pursuant to the Dy-Laws of the Associa- tion, from liability arising from the fact that the person is or was a Director or officer of the Association or a member of such a committee. The promiL~ns for suc insurance shall be a Conmon Expense. d. Other. 'Such other insurance as the Board of Directors shall determine fran t--'El~-e to time. 4. Maintenance, Reconstructlon~ Condemnation 4.1 Terms. Although the use of one shall not be deemed to exclude the appl'{~'G'TT'{T~ of another unless specifically so stated or required by the context, certain terms not susceptible to precise delineation are employed in this Article as follows: a, "Halntenance or Repair". "Haintenance" or "Repair" shall m.eant~he act of m~i~'C~"lnlng, restoring, renovating, reconstructing, replac rebuilding and similar work necessary to preserve Common Elements in their original condition as completed. b. "Improvement", "Improvement," as distinguished from alteration, relates generally Lo the addition of new and different structures, ele- ments or facilities than those referred to in this Declaration, 4,2 Haintenance of Common Elements, a d int lesp risibility lie n,~intenanCe and operation of the Common Elements'- sl('giT6~'lTIE,~ll~-~dd no remove of snow anI Ice fra tile walkway) shall be the responsibility and expense of the Association, except that it shall be the primary responsibility of each Lot Owner to perform routine maintenance by keeping the portion of the drainage easement and the storm- water management easement which is located on his or her Lot maintained in a neat and attract)ye manner, free from weeds and debris, and to mow and maintain such oasa)~enL areas so as to minimize erosion in and around the stormwater detention hasin, lhe Common Elements constitute structural im- provements and shall h~ maintained in their original condition, subject to reasonable wear and tear thereon. b. Alteration and Improvement. After the Developer completes the imDrnvoments ln6F~iled in the C~nmlnn Elements, there shall be no alteration -or further improvement of Common Elements without prior approval in writ- ing both of the record owners of .the Lots and of the City; provided, however, thaL any alteration or improvement of the tone,on Elements which .is approved in writing both by tho City and by tho owners of not less than two-thirds of the Lots, and Which does not interfere with the rights of any Lot Owners without their consent, may be done if tile Lot t)wners who do not approve ~re relieved from the initial cost thereof, lhe share of any cost not so assessed shall be assessed to the other Lot Owners in the same ratio as their silares in the Common Elements bear to each otimr. 4.3 Association's Rights. a. Necessar~ Maintenance. lhe Board shall have the authority to maintain any Common Element mad, if a Lot Owner has failed or refused to perform routine maintenance within a reasonable time after written notice of the necessity for the matntenl~nce has been delivered by the Board, the Board shall levy a special assessment against the Lot of such Lot Owner for tile cost of the necessary rout. ine maintenance. b. Damage. If, due to the act or neglect of a Lot Owner, or his or her agen ,~[~'~'F'vant, tenant, family member, tnvitee, licensee, or household pet, damage is caused to any Common Element, or maintenance, repair or replacements are required which wodld otherwise be a Dommon Expense, such Let Owner shall pay for such damage or such maintenance, repair, and replacements, as i,ay bn determined by the Association; however, the provt- VOL 990 850 -- 4 sions of' Utts l~rag?aph are subject to tho waiver of subrogation rights with respect to casualty dmnago insured against under the policies of insurance maintained by the Board. c. Access, The authorized representatives of the Association or Board shall be entitled to reasonable access to the Contnon Elements as may be required in connection with the preservation of any Common Elements in the event of an emergency, or in connection with maintenance of, repairs or replacements wlthin the Common Elements, or to make any alteration required by any governlnental authority, 4.4 Determination to Reconstruct or Repair.. If any part of a Ccmnon Element shall be damaged by casualty, the Board may, without further authorization, contract to repair or rebuild the demag~) portion of a Cmmnon Element substantially in accordance with the original plans and specifications thereof. 4.5 Reconstruction or Repair. a. Plans and Specifications. Any reconstruction or repair must be substantially in accordance wlu, the plans and specifications for the ertginal Common Elements, or, if not, according to plans and specifica- tions approved by the City Engineer and the Board of Directors, which approvals shall not be unreasonably withheld. b. Estimates of Costs. Immediately after a determination is made to rebuild or repair demage"to property for which the Association has the responsibility of reconstruction and repair, the Association shall obtain reliable and detailed estimates of the cost to rebuild or repair. c. Assessments. If tie proceeds of insurance are not sufficient to defray the esttF621]id costs of reconstruction and repair by the Associa- tion, or if at any time during reconstruction and repair or upon comple- tion of reconstruction and repair are insufficient, assessments shall be made against the Lot Owners. 5, MORTGAGEES B,1 Lien Subordination. The lien for Common Expenses payable by a Lot Owner shall be subordi- nate to the lien o[ a recorded mortoage on the interest of such Lot Owner. This paragraph shall not be amended, changed, modified, or rescinded without the prior written consent of the City, and of all mortgagees of Lots. 6. REMEOIES 6.1 Rights of Association. In the event of any violation of the provisions of this Declaration, ~he By-Laws, or rules and regulations of the Association by any Lot Owner (either by his or her own conduct or by the conduct of any other Occupant Lot) e Associat on or ils successors or assigns, or the Board, of tile aqenL, shall have each and all of tie rights and remedies which may be provided for in this Declaration, the By-Laws, or the rules and regula- tions or which nay be,available at law or in eguity, and may prosecute an action or other Ir ce~dino against such defaultin~ Lot Owner or others for enforc~ent of any lien and the appointment of a receiver for the Lot and h interest of such Lot Owner~ for d~ages, injunction, or specific t~m~ee, for ,udoment for pa~ent of money and collection thereof$ for ~'~G'i~.{ion el r~edies;or for any other relief. 6.2 Lien,. All ex~nse~ of ~he ~ard in. connection with any ~uch ~ction mr pro- ceeding, including court costs a~ ~torney's fees and other fees and expenses and all damage~, liquidated or otherwise, together with interest thereon until paid at a ra~e to be detemin~ by the Board, shall be charged to and assessed against such defaulting Lot ~ner and shall be added to and deem~ par~ o~ his or her respective share of the C~on Expense~. The Board shall have a lien for all such ex.rises, as ~l) as for non-pa~ent by such defaulting Owner, upon all his or her additions and tmprov~en~s thereto, and upon all his or her personal property on his or h~r Lot. , , v0~ 990 ~ 851 - 5 6.3 Action by Ooardj SUSlDension or Voting Rl!~hts and Use of Common Ele- menlo. The violation of any restriction, condition, rule or regulation adopted by the Board or the breach of any covenant or provision of thts Declaration shall give the Board the rtght, tn addition to any other rights provided tn this Agreement: (al to enter upon the Lot or any portion of the Lot upon which or as to whtch such violation or breach exists and summarily to abate and remove, at the expense of the defaulting Lot Owner an structure, thing, or condition that may exist thereon Board its employees or agents, shall not be, deemed gU. ll. Cy.ln a. ny of tr*'spass; (bi to enjoin, abate, or remedy ny appropriate legal pru~e~u tnos, either at law or in equity, the continuance of any breach; Cc) to take possession of such Lot Owner's interest in the property and to main- Lain an action for possession of such Lot in the manner provided by law. 6.4 Noticei Action at ~:aw or in Equity,. If any Lot Owner (either by his or her own conduct or by the conduct of any Occupant of his or her Lot) shall violate any provision of this Agreement, or the rules and regulations.of the Association, 'and if such default or violation shall continue for ten (lB) days after written notice to tide Lot Owner from the Board or shall occur repeatedly during any ten-day period after such written notice or request to cure such violation from the Board, tide Board or an aggrieved Lot Owner may file in equity for a decree of mandatory injunction against the. defaulting Lot Owner or Occu- pant. G,B PenaltZ fur Xun-i'~.ment of Assessments, if an assessment made by the Board is not paid by the due date set by the Board and continues unpaid for ten (10) days after said due date, a penalty equal tn the assessment shall automatically accrue and interest shall accrue on the penalty from tile eleventh day after the due date (interest on the assessment shall c(mmlmnce Lo accrue from tile due date). Said penalty shall apply for each separate monthly assessment and all other assessments if not paid in o timely manner as set forth herein. 6.6 Rt~hLs of City.. In tile event the Association fails or refuses to exercise any of its rights or duties under this Article 6, the City shall have each and all of tile rights and remedies v41ich may be provided for in this Oeclaratton~ or which may be available at law or in equity. All expenses of the City in connection wlti~ any such action m' proceedings, including court costs and attorneys' fees, and other fees and expenses, and~all damages, liquidated or otherwise, together with interest thereon as provided by law, shall be '[:i charged to ami assessed against Lot Owners as part of their respective share of tile Commnn Exlmeses. 1he City shall have a lien for all of such ..expenses, es well as tot non-pa~nenL by such LoC Owners, upon the Lot of each Lot Owner. 7. I)EFINITIONS 7.1 Oeftnitions. lhe terms used in this Agreement shall have the follow- ing mebnings, unless the text clearly requires another meaning: a. "Articles" or "Articles of Incorporation" mean the Articles of Incorporation of the Association as may be amended fram time to time. b. "Association" means Rochester Place Ilomeowners~ Association, an Iowa non-profit cnrporation· c. "lizard" moans the Board of Directors of tile Association. d. "Oy-Laws" means the By-Laws of the Association, attached as an Exhibit, and es may be as amended (ron~ time to time. e. "Comnon Expenses" means end includes: [il All sums lawfully assessed against the Con~on Elements by the Board. (2) All expenses of administration and management, maintenance, repair or replacement of and additions to the Cmmon Elements. operatio~) Expenses agreed upon as Common Expenses.by the Lot Owners. 990 (4) £xpensns declared to be Conmlon Expenses by this Oeclaratton or the By-Laws. f. "Majority of tile Lot Owners" means those persons having the right to vote with respect to more than eleven (Il) of the 1ets in Rochester place Subdivision. Any specific percentage of Lot Owners means that percentage of Lot Owners who in the aggregate own such specified percent- age of the lots in the subdivision. g. "Occupant" laeans a person or persons in possession of a Lot, regardless of whether the person is a Lot Owner. means a natural individual, corporation, partnership, h. "person" legal entity capable of holding title to real property, trustee, or other t, "Plat" means tile Final Plat of Rochester Place, Iowa City, Iowa, as recorded tn tim office of tile Johnson County Recorder in plat Book ~, pagej.[~'r~ot" shall mean each of the lots, numbered ! through 22, as silown on the Plat. k. "LnL Owner" means the per,on or persons ~ho individually or col- v 1 own or are purchasing by recorded contract the aggregate fee l,~cm~eetY~tle to a Lot 1,ut shall not include those having an interest in a Lot merely as secu,r, ity for the )erfonaance of an obligation. Unless specifically provided otherwise Ilere n, the Developer shall be deemed a Lot Owner so long es it is the legal title holder of any Let, 8. GENERAL PRQ~ISIONS 8.1 Riohts and Obligations. Each grantee of Oakes, by acceptance of the deed of conveyance or contract ef purchase fr~n Oakes, accepts tile same subject to all restric- tions, conditions, covenants, reservations, liens, and charges, and the Jurisdiction, rights, and powers created or reserved by this oeclel"atlon and the By-Laws. All rights, benefits, and privileges of every character imposed by this Declaration shall be covenants running with the Land, shall bind any person having at any thee any interest or estate in tim Land, and shall inure to the benefit of such grantee er contract purchaser in like manner as though the provisions of this Declaration were recited and stipulated at lenuth in each and every deed of conveyance or contract of purchase. 8.2 Cross Easements. The apl ur Le(lances shall include, so long as the Common Elements exist, easements frae each Lot Owner to t~e Association as follo~s: a, lngress~gross and Maintenance. Easealonts are reserved' for ingress o~ egF'EBs-'~)'~o~l~ the LOts for purposes of maintenance, repair, replacement or reconstruction of each as authorized. b. Construction and Use Easement. Oakes or grantee of oakes, shall have the-Fr~l~t of easement across, over and under the Lots for the purpose of improving tile C~,non Elements, including, but not limited to, landscap- ing. As to each Lot, lilts easement .shall expire when building permits are Issued for coostructton on such Lot. 8:,3 Amendments. a. In General. Subject to subparagraphs b and c below, the provi- sions of--this U6c-laration may be amended, modified, or rescinded by a resolution setting forth such alnendment, modification, or rescission and duly adopted by the affirmative vote of not less than two-thirds (2/3) of the Lot Owners or by an instrument in writing setting forth such amend- meat, modH'lcatton, or rescission and signed by not less than two-thirds (2/3) of the Lot Owuers and duly acknowledged bel'ore a notary public. All MortgauQes a~ the City Engineer of Iowa City s all be not~fied by certi- fied mail of any sech amendment, modification, or resciss on, and an affidavit by the secretary of the Association certifying to such mailing shall be made a part of any instrument affecting such mnendment, modlfica- Lion, or rescission. . shall not bo ,la,e- h. L ~ ration. ,lhe )revisions of tills Declaration rtally m~-i~m-il~l~','6~cl.pt (il by the affimative vote of 75 percent of tho Lot Owners, and (ii) Lbo prior written approval of the holders of all first Mar,gm)es on Lots, and (iii) tile prior written approval of the City of Iowa City. - 7 c. S.~natures. Ir this Declaration or the By-Laws require the con- sent or agreem~].-bf all Lot Owners, or of all Mortgagees, or Of the CtLy, or all of them, for any action specified in this Declaration, any instru- ment amending, laodifying, or rescinding any provision of this Declaration with respect to such action shall be signed by all Lot Owners, or all Mortgagees, or the City, or all of Lhem, as the case may be, as required by tJ~is Declaration or the By-Laws, d, Amendments by Owner and Developer. Prior to the sale of any lot this Declaration may Be amenclea, moaltlea, or rescinded by written instru- ment executed hy Oakes and the City, or their responsive successors or assigns ..... , ,~_. nr rescission of this ordin . An amendment, moolr~ca~,u-, e. R~c .9 . . Y ........... ~ or an~ other provision of tnl. s Dec1 P 1 u on the recoralng ~-: , eclaration shall be valid and effective on y P · ~= ~ ~ ., County ~ogether with an mnended Plat if required, ~n ~ne ~o.ns~- Recorder' s of fie:ri. B.4 Public Improvement,Assessments. Nothing contained in this Beclaratton shall limit the right of the City to make public improvements and to assess the cost thereof to the Lot Owners pursuant ~o statutory authority. 8,5 Notices. Any written notice given pursuant Lo this Declaration shall be by per- sene1 service in the same manner for an original notice or by registered or certified mail, return receipt requested, addressed to the person entitled thereto eL such person's last known address. Notice by mail shell bo deemed to be delivered ~en deposited in tho United States mail properly addressed with postage prepaid. 8.6 Interpretation.. lhis Declaration shall be governed by and construed in accordance with the laws of the State of Iowa. lhe captions of this DeclaraLton are for convenienc~ only ami shall have no effect on ils interpretation. Wherever used in this instr~nent, unless the context clearly indicates otherwise, the use of the singular shall include the plural and vice versa; and the use of any gender shall be applicable Lo any other gender. 8 Executed ,~t Iowa City, Iowa. ns of the ~-day of Decenber, 1987. OAKES CONSTRUCTION COMPANY Dy: ' G. Oakes, President Attest: Evelyn ~. Oakes, Secretary CITY OF IOWA CITY / ~lliam d' Amb~'sco'~ Mayor- . Attest: an K. Kerr, City Clerk ST^TE* 'OMA I On iht.5 ~ day of Dec~ber, 1987, before me, the undersigned, a Public tn a~ for the State of Iowa, personally appear~ Dean G. ~kes Evelyn M. bakes, to me personally kno~, who, being by me duly s~rn, did the say that they are the PresidenC and Secretary, res~ctively, of corporation executing tNe~oregolng ln$tranent$ that (no seal has been ~rocur~ by) (the seal affixed thereto t~ the seal of) the hat the instranont w~s ~l~ned (n~ sealed) on behalf et the corporation by authority of its ~ard of Pirectors) that Dean G. ~kes and Evelyn Oakes acknowledg~ the execution ~ the tnstru~ent to be the voluntary act and deed of the corporation and of the fiduciary, by it, by th~ and as the fiduciary vo~gCarilY ~xecuCed~.~ Notary Pub]to and for the ~?~ o~ a .~ ) SS: dOII~SON COUNTY foregoing' lnstrmmnt to ~lch this Is attached, thac cna seam thereto is the seal of said municipal corpora~ionl ~hat said instr~ent ~stStsgned and seal~ on behalf of said municipal corporation by ~uthority K. Kerr as such officers acknowlbdg~ t e execu o sa~ nstrmenL to~ be the voluntary ~ct and deed of said municipal corporation, by it th~ voluntarily executed. N~ry Public in and for sa State NOTARIAL SEAL Received & Appmve~ 990 t~ 8,~6 S~ction 5. Qt~(~I~J!,_~ 92~t~ 6d~J°u~'m"e~t.' Th,~ I)ro~3enco ;~t any cal l~md. Soc~ion 3. ~J~Rl~L~:lo~~' By r,~otutio, of tho ~oard o~ Di~ctora, {{ow.vt~l', .~thif~g mhalJ, pr~lutJ~ any diru~or .g~ction 5. A_91.L.i!i,!~ 7.~t~.'3!!. W_i.~...¢?.u.~..~. M.es!_t__i!~.._ Tho diructors shall Section 6. ~_!!,j.!~aJ.~.LLt!.!. ;4 ,re[nat Jot, £o~:' el. action to th~ Doard Sect/oil 9. ~_;,~3~!]~'~,~. The Bt)~rd of Directors ~hall keep rogular Section 10. ~0__?~3i ~kg.'J. T)uL:i(~ Th~ [~oard of Dlroctors, for thu Sectior~ 1. ~!{9~?q~3_ Th~ officers of the A~ooctatio;~ shall bo a Sectto~t 2. Loan:~. No loan~ ~hall be contruct(~d on behalf of the n, ~!~.{L~¢~ Wr~t.t{m doma~;d t.o cease and dooi~t fi'os any AL'tit;II; IX, Seal ROCIIL~7'~:R' PI~:E ,AT/ IOWA CITY, IOWA business sect~cal Another major cost ofheing mistreated in a hostile workplace is a serious loss of personal energy, including the loss of motivation to do work and other activities. In one national research study an experienced black psychologist commented eloquently about the energy loss suffered by Afxican Americans: If you can think of the mind as having one hundred ergs of energy, and the average man uses fifty percent of his energy dealing with the everyday problems of the world.., then he has fifty percent more to do creative kinds of things that he wants to do. Now that's a white person. Now a black person also has one hundred ergs; he uses ~ percent the same way a white man does, dealing with what the white man has [to deal with], so he has fffiy percem left. But he uses twenly-five percent fighting being black, [with] all the problems being black alld what it recalls.126 The individual cost of dealing with discth,ination is great, and one cannot accomplish as much when pe~onal energy is wasted on di.~dnfination. One of the most severe costs ofpersistlng discrimination, this energy loss is often more than an individual matter. An engineer made this dear in a group that was discussing the "eight whole hours of diserimlnation" they daily experience: One of the things, though, that really has had an effect on my family personally was, me having [less] time to really spend with my son. As far as reading him stories, talking, working with him, with his writing, and, all ofthat. And those things really, really hurt us, and it hurt my child, I think, in the long run, because he never had that really ....I know when, when the program was really, really run~4g, some, some days I would come home and I would have snch excruciating headaches and chest pains that I would just lay on the bed and put a cold compress on my head and just relax. Thank God I got him through that period .... And by the time I come home, I'm se stressed out. And he runs up to me, and you know I give him a hug, but when you're so stressed out, you need just a little period of time, maybe an hour or so, just to unwind, just to relax, you know?. .... to just watch the news or something, to Carmenza Gallo, The Constroetion Industry in New York City: Immigrant and Black Entrepreneurs (1983)(unpublishea5 working manuscript, Conservation of Human Resources Project, New York: Columbia University). FEAOIN & StKES, supra note 5, at 295-296. kinda unwind and everyttdng. So it definitely affects.., and you know you're almost energy- less .... And then by the time you get home, you have your family. So, by the time you kinda unwind a little bit to get ready to go to upstairs, you haven't handled respons~ilities .... The pain of workplace mistreatrcent can have a domino effect, with chest pains and headaches being linked to a loss of energy, and that in mm resulting in far less energy to deal with important family matters. The drain on personal strength caused by discrimination takes a toll on the activities of workers in their lives outside the workplace. In one discussion group a govermnent employee examined the personal energy exertion issue in another of its troubling aspects: One thing, too, is especially if you spend time documenting situations, that takes time: What was said, what did be say, what did I say, and what did I do? It's not keeping, that's time, too, I mean you're doing that because you never know what's gonna jump out. [Moderator: Why do you feel it necessary to do that?] History. I mean, there were just certain things that, that teaches you that you need to have some information because that's really the only thing they [whites] understand .... Documents. When you start pulling out "This is mine, this is what was said, here, here, here," they understand that. [But if] You start talking offthe top of your head.., you have no credibility, you know what I'm saying? With ns it always comes down to being above them. This is just like when we were talking ahom qualifications, you know, they can come in with less qualifications, but we always have to be maxed out .... And sometimes go beyond that. A psychologist in the group once again put this into a long term perspective: "That would seem like, that's always been a factor, always has been a history of us having to prove ourselves, over and over again, with documentation, this and that, and I would hlce to see, get to the point where my kids don~ have to do that." The energy drain extends beyond the extra effort necessary to prove oneself to whites with prejudiced minds, for it often entails keeping documentation in order to prove one's accomplishments and to counter discrimination in employment. We see again the importance of recording history and of creating a family and community memory, as these respondents constantly orient themselves to what black Americans have had to do collectively in the past and in the present. To be good at what one does a black worker nsnally must learn many things about coping with whites, energy-wasting learning that is not requisite task for sinai!arly situated white Americans. In another context a female planner explained that "Just like we have to, we have to consistently, we have to keep learning things, you know, they need to do the same, they need to jump through the same hoops we have to jump through." In addition, the education of whites seems to be an imposed responsibility of many black victims of discrimination. A sheriffs deputy responded to the previous speaker's statement with this summary: And that's the same thing .... we were talking about on the energy. Burning so much energy trying to educate these people, that we qualify, you know? And I always said if you see a black doctor and a white doctor standing side by side, equal in status, that black man is twice as better, because he had to work harder .... In every profession. This is a point one often hears in interviews with African Americans.u? The great achievements of many Afi'ican Americans have come in spite of, and on top of; the energy-sapping barriers of discrimination. PHYSICAL CONSEQUENCES OF DISCRIMINATION As seen by all our respondents, blocked opportunities and discrimination not only generate psychological pain and suffering but also link to many different bodily conditions such as chest pains, stomach problems, headaches, and iusomnia,m Other research supports this observation?9 The economic status of African Americans has stagnated and even declined in regards to some indicators in recent years, and this decline in economic well-being is associated with worsening health status for ESSED, supra note 5; BENJAIVl/N, supra note 5; FEAOIN & S1KES, supra note 5. See Mirowsky and Ross, supra note 49, at 21. See Keith James, Social Identity, Work Stress and Minority Workers' Health, in JOB STRESS IN A CHANGING WORKFORCE 127- 145 (Gw~dolyn P. Keita and Joseph J. Hurrell eds., 1994). African Americans?° Some research has shown that the realiTation that negative treatment in the workplace is based on one's race or ethnicity causes more extreme stress than usual workplace problems that are not based on racial discrimination.m Other research has found that not only are physical health problems associated with workplace discrimination, the fewer members of one's own racial group that are available in the workplace as support, the more health problems are experienced by persons of under-represented groups.m The overall life expectancy of African Americans is lower than that of whites, and this gap increased between 1980 and 1991.m African American infant mortality is twice the rate of that of whites? For African Americans under seventy years of age, fifty percent of excess deaths of males and sixty-three percent of female excess deaths can be accounted for by cardiovascular disease, cancers, and problems resulting in infant mortality,m Despite popular conceptions, only nineteen percent of excess male deaths and six percent of female excess deaths can be accounted for by homicide. Additionally, excess deaths related to genetic problems make up a tiny percentage. For example, excess deaths ~om sickle cell anemia make up only three-tenths of one percent of all Afiqcan American excess death. ~ Afi'ican Americans are disproportionately represented among people with coronary heart disease, myocardial infraction, strokes, and renal disease, and are more likely to have See David R. Williams, ~ZS. Socioeconomic and Racial Differences in Health: Patterns and Explanations, 21 ANlqlJAL REVIEW OF SOCIOLOGY 349, 387 (1995). See James, supra note 129 (f~ a summary of this ~he. arch). See id. See Williams, supra note 130. See id. See id. See id. risk factors such as hypertension, high cholesterol, smoking, and diabetes,u? Ag/can Americans, regardless of socio-economic status, also have the highest age-adjusted rates of cancer incidence and mortality of any racial group in the U.S.~38 Not only do African Americans have higher rates of several illnesses, they also have poorer outcomes and survival rates for most, evidence that the health care they receive may not be adequate. For example, the cancer survival rate for African Americans is twelve percent lower than that of whites? In addition to the discrimination that increases the health problems of Afl/can Americans, racism in the health care system may cause African Americans to receive less adequate care than do whites?° African Americans tend to report more health complaints than do persons of other racial or ethnic groups. In a national study of two thousand African Americans, when asked if they have had any health complaints in the last month, only thirty-five percent of Afl'ican Americans said that they have no health problems at all. The most common health complaints reported were high blood pressure (31.6%), arth'i~ (24%), and "nervous conditions" (21.9%).m Twenty percent (n=422) of the African Americans studied had never gone to a see a doctor in an independent office setting, and twenty-one percent were uninsured,m However, as in the case of psychological complaints, most (68%) of the respondeuts said that they have three or more people from whom they can seek informal See Linda Chatters, Physical Health, in LI~E IN BL^CK AMImlC^ 199-220 (Jmes S. Jacl~on cd., t991). See Frank Michel, Racism Can be Cancer on the Health System, HOUSTON CHRONICLE, September 21, 1998, editorial page; Chatters, supra note 137. See Michel, supra note t38; Chatters, supra m~t¢ 137. See Michel, supra note 138. See Chatters, supra note 137. See id. health Care.~4~ , As in thc case of psychological health disparities, racial disparities in physical health can also not be totally accounted for by racial differences in socioeconomic status. In fact, some studies have found higher mortality rates for Afi-ican Americans with higher socioeconomic status.'4 Neither can racial disparities in health be accounted for by off-repeated notions of "genetics." In her research Dr. Camara Jones, a Harvard epidemiologist, has found that African Americans have the most genetic diversity of any racially defined group. Nor are African Americans as a group in weaker health than are whites. In thct, African American transplant patients run the highest risk of complications because their immune systems are so strong that their bodies are more lflcely to reject donated organs? Moreover, excess hypertension cannot he attributed to genetics. Black blood pressure levels are similar to whites until adulthood, at which time they increase faster with age than those of whites. This suggests strongly that the racial differential is rot a matter ofgenetios or lifestyle; it suggests that being a victim of racism has a detrimental effect on blood pressure. In a study of African American and white nurses, Jones found that the majority of African American nurses think about race at least daily, and many of them are constantly aware of their racial classification. This constant awareness contributes to undue stress?6 Others have highlighted the need to take into account not only Afi-ican Americans' personal context, but also the larger historical context in looking at racial disparities in health. For example, See id. See id. Radio Broadcast, NPR Weekend Saturday, October 31, 1998, Transcript # 98103106-214, Frank Browning. moderator. See id. SCHOLASTIC tNC, New York Toronto London Auckland Sydney For Estelle $chutz No part of this publication may b~ reproduced in who~e or in part, or stored in a retrieval system, or tmnsmit~d in ony form or by any means, electronic, mechonJcal, photocopying, recording, or otherwise, without written permission of the publishe~ For information regarding permis- sion, write to Scholastic ~nc., 730 Broadway, New York, NY 10003. ISBN 0-590-44510-3 Copyright © 1977 by Daniel Manus Pinkwater. All rights reserved. Published by Scholastic Inc. 3029282726252423 3456/0 Printed in the U.S.A. 23 Mr. Plumbean lived on a street where all the houses were the same. He liked it that way. So did everybody else on Mr. Plumbean's street. "This is a neat street," they would say. Then one day... A seagull flew over Mr. Plumbean's house. He was carrying a can of bright orange paint. (No one knows why.) 6 And he dropped the can (no one knows why') right over Mr. Plumbean's house. It made a big orange splot on Mr. Plumbean's house. "Ooooh! Too bad!" everybody said. "Mr. Plum- bean will have to paint his house again." "I suppose I will," said Mr. Plumbean. But he didn't paint his house right away. He looked at the big orange splot for a long time; then he went about his business. The neighbors got tired of seeing that big orange splot. Someone said, "Mr. Plumbean, we wish you'd get around to painting your house." "O.K.," said Mr. Plumbean. He got some blue paint and some white paint, and that night he got busy. He painted at night because it was cooler. When the paint was gone, the roof was blue. The walls were white. And the big orange splot was still there. Then he got some more paint. He got red point, yellow pai~nt, green paint, and purple paint. In the morning the other people on the street came out of their houses. Their houses were all the same. But Mr. Plumbean's house was like a rainbow. It was like a jungle. It was like an explosion. 1 There was the big orange splot. And there were little orange splots. There were stripes. There were pictures of elephants and lions and pretty girls and steamshovels. The people said, "Plumbean has popped his cork, flipped his wig, blown his stack, and dropped his stopper." They went away muttering. That day Mr. Plumbean bought carpenter's tools. That night he built a tower on top of his roof, and he painted a clock on the tower. The next day the people said, "Plumbean has gushed his mush, lost his marbles, and slipped his hawser." They decided they would pretend not to notice. That very night Mr. Plumbean got a truck full of green things. He planted palm trees, baobabs, thorn bushes, onions, and frangipani. In the morning he bought a hammock and an alligator. When the other people came out of their houses, they saw Mr. Plumbean swinging in a hammock between two palm trees. They saw an alligator lying in the grass. Mr. Plumbean was drinking lemonade. "Plumbean has gone too far!" "This used to be a neat street!" "Plumbean, what have you done to your house?" the people shouted. "My house is me and I am it. My house is where I like to be and it looks like all my dreams," Mr. Plumbean said. The people went away. They asked the man who lived next door to Mr. Plumbean to go and have a talk with him. "Tell him that we all liked it here before he changed his house. Tell him that his house has to be the same as ours so we can have a neat street." 19 The man went to see Mr. Plumbean that evening. They sat under the palm trees drinking lemonade and talking all night long. 2O Early the next morning the man went out to get lumber and rope and nails and paint. When the people came out of their houses they saw a red and yellow ship next door to the house of Mr. Plumbean. "What have you done to your house?" they shouted at the man. "My house is me and I am it. My house is where I like to be and it looks like all my dreams," said the man, who had always loved ships. "He's just like Plumbean!" the people said. "He's got bees in his bonnet, bats in his belfry, and knots in his noodle!" Then, one by one, they went to see Mr. Plum- bean, late at night. They would sit under the palm trees and drink lemonade and talk about their dreams--and whenever anybody visited Mr. Plumbean's house, the very next day that person would set about changing his own house to fit his dreams. Whenever a stranger came to the street of Mr. Plumbean and his neighbors, the stranger would say, "This is not a neat street." Then all the people would say, "Our street is us and we are it. Our street is where we like to be, and it looks like all our dreams." 3O 32 When Mr. Plumbean painted his house, the neighbors couldn't believe their eyes. "Plumbean has gone too far," they said. "He's popped his cork, flipped his wig, blown his stack, and dropped his stopper!" SCHOLASTIC INC, Prepared %Eleanor M. Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. __ CONSIDER AN ORDINANCE AMENDING TITLE 8, "POLICE REGULATIONS", ~;HAPTEI "POLICE CITIZENS~EVIEW BOARD", SECTION 8, ENTITLED "BOARD CO~IPOSIT~ LIMITED POWERS OF~HE BOARD", TO PROVIDE THAT PEACE OFFICERS EI~ PLOY~K: AS SUCH BY THE CITY OF rO, WA CITY WITHIN FIVE YEARS OF THE APPOINTMENT I IATE/SH ~LL NOT BE APPOINTED TO TN~BOARD. / WHEREFORE, Section 8-8-8 of theX~ity Code provides that appointments to the Police C,~ rzens Review Board shall include one current or fo~peace officer" as that term is defined by st lte la,~ ;/a'n 'J WHEREAS, due to the appearance of a conflict of interest, the City Council desires toa~ ;nd lhe ordinance to provide that a peace officer employed as s~ch by the City of Iowa City within five, e.,efs ¢ [ th~ appointment date shall not be appointed to the Board. ~ / \ NOW, THEREFORE, BE IT ORDAINED BY~ THE CITY COUNCIL OF CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. 8-8-8 deleted and the following substituted in lieu thereof: A. Board Composition: 1. The board shall consist of five (5) members city council, who shall be Iowa City eligible electors and shall serve without city council shall strive to appoint members who represent the diversity of the community. 3tments to the board shall include one current or former' officer" as that term is defined council reserves the right ~irement for good cause shown. The city council also reserves the right, for good to he requirement that the board include one current or former peace officer. SECTION I1. REPEALER. All ordinances and of in conflict with the previsions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If ~rovision or )rdinance shall be adjudged to be invalid or unconstitutional, such adjudication not affect the validit as a whole or any section, prevision SECTION IV. EFFECTIVE DATE. T~ shall be in ~ final passage, approval and publication, as provided by law. Passed and approved this __ of ,20 MAYOR ATTEST: CITY CLERK Ordinance No. Page __ It was moved by and seconded by that the Ordinance as read be adopted, and upon tell call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 8/19/03 Vote for passage: AYES: Champion, Kahner, Lehman, 0'Donne]l, Vanderhoef. NAYS: Pfab. ABSENT: Wilburn. Second Consideration Vote for passage: Date published