Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2004-02-03 Ordinance
Prepared by: Jessica Hlubek, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 1.26 ACRES OF PROPERTY FROM CENTRAL BUSINESS SUPPORT ZONE (CB-5) TO PUBLIC/CENTRAL BUSINESS SUPPORT ZONE (P/CB-5) FOR THE EAST HALF OF BLOCK 102, EXCLUDING 301 SOUTH DUBUQUE STREET. WHEREAS, Section 14-61-1 of the Iowa City zoning ordinance requires that land owned by a government entity shall be zoned P, Public; and WHEREAS, the City of Iowa City is the owner and title holder of approximately 1.26 acres of property located on the east half of block 102, excluding 301 South Dubuque Street; and WHEREAS, the City of Iowa City has initiated the rezoning of the said property from CB-5, Central Business Support, to P/CB-5, Public/Central Business Support; and WHEREAS, a portion of the property will be leased for commercial uses consistent with the CB-5 zone; and WHEREAS, the P/CB-5 zoning classification is consistent with the zoning classifications of properties owned by the Federal government, the State; the County, the City, and all political subdivisions thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from its current designation of Central Business Support (CB-5) to Public/Central Business Support (P/CB-5): All of Lot 4, Block 102, and the South 28 feet of Lot 3, Block 102; Lot 1, except the north 37 feet of the east 55 feet, and the nodh 29 feet of Lot 2, Block 102; and the south 51 feet of Lot 2 and the north 52 feet of Lot 3, Block 102, Original Town, Iowa City, Johnson County, Iowa, according to the recorded plat thereof. · 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. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded at the office of the county recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of this Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as required by law. Passed and approved this day of ., 20 MAYOR A~I-EST: CITY CLERK Approved by Ci(?'Att&ney'~ Office Ppdadrnin/ord/3Olsdubuque.doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration 2/3/04 Voteforpassage: AYES: 0'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published STAFF REPORT To: Planning & Zoning Commission Prepared by: Jessica Hlubek Item: REZ03-00028 Date: December 18, 2003 Court Street Transportation Center GENERAL INFORMATION: Applicant: City of Iowa City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Contact Person: Jeff Davidson, Transportation Planner Applicant's Attorney: City Attorney's Office Phone: 356-5030 Requested Action: Zone change from CB-5 to P/CB-5 Purpose: To reflect the public ownership of the parcel to be occupied by the Court Street Transportation Center Location: East half of Block 102, less 301 South Dubuque Street. This is on the west side of Dubuque Street, south of Burlington Street, north of Court Street, east of the alley. Size: 54,965 square feet Existing Land Use and Zoning: Vacant; CB-5 (Central Business Support) Surrounding Land Use and Zoning: North: Commercial; CB-10 South: Post Office; P East: Commercial & Residential; CB-5 West: Commercial; CB-5 BACKGROUND INFORMATION: The City recently acquired properties on the east half of Block 102 (excluding 301 South Dubuque Street) for the Court Street Transportation Center project. These properties are on the west side of Dubuque Street, south of Burlington Street, north of Court Street, and east of the alley. Section 14- 61-7B of the Zoning Ordinance states that land acquired by the government of the United States, the State or a political subdivision thereof, shall retain its existing zoning designation until such time as the zoning map is amended to designate such land as a public zone pursuant to Section 14-6U-6. The Public, P zoning designation serves as a notice function to those purchasing property in proximity to publicly owned land, whibh is not ordinarily subject to the regulations of the Zoning Chapter. The zone change application has been submitted by the City in order to bring the east half of Block 102 (excluding 301 South Dubuque Street, Mod Pod Realty) into compliance with Section 14-61 of the Zoning Ordinance. ANALYSIS: The Public Zone permits the use of land, buildings or structures of the federal and state governments and their political subdivisions. Approval of the zone change for the area will bring the property into compliance with Section 14-61 of the Zoning Ordinance. In addition to 600 parking spaces and covered bicycle parkio, g, the Court Street Transportation Center will house a Greyhound bus terminal and a child care center. While the land and Transportation Center will be owned by the City, space will be leased to private entities, including Greyhound and the child care center operator. The P/CB-5 zoning reflects the situation that the land is public, but there are private entities leasing space. The private entities will be required to meet the CB-5 zoning requirements. The Court Street Transportation Center complies with the Near Southside Development Plan, which has been approved by the City Council as part of the Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends that REZ03-00028, a request for a rezoning from Central Business Support, CB-5 Zone, to Public, P/CB-5, for the east half of Block 102 excepting the 301 South Dubuque Street property, be approved. Approved by: Robed Miklo, Senior Planner, Department of Planning and Community Development ~ j -'~ I ~J i r I ~ ] I , I , ~i, ir ~ [ , ' ~ ~ ~' ! II '~' I i , BB , ,' ,,[' ', SITE LOCATION: Near Southside Transpo~ation Center REZ03-00028 Prepared by Amanda Cline, Planning Intern, 410 E. Washington St., Iowa City, IA 52240; 319-356-5231 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF THE RIGHT-OF-WAY LOCATED ADJACENT TO 425 BELDON AVENUE. WHEREAS, the City of Iowa City has initiated the vacation of a 184 square foot portion of the right-of- way located to the north of Beldon Avenue; and WHEREAS, the said right-of-way is not necessary for public use; and WHEREAS, the City has no plans to develop the right-of-way for street access; and WHEREAS, it is in the City's interest to vacate this area to allow it to be traded for land needed for right-of-way at the intersection of Beldon Avenue and Grove Street; and WHEREAS, the Planning and Zoning Commission recommended vacation of this right-of-way subject to the retention of any necessary utility easements and the conveyance of the right-of-way being approved concurrently with the approval of the ordinance vacating the alley. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION: Subject to the retention of any necessary utility easements, and the conveyance of the right-of-way being approved concurrently with apprOval of the ordinance vacating the alley, the City of Iowa City hereby vacates the right-of-way legally described as follows: THE ALLEY LYING ADJACENT TO LOT 8, BLOCK 2 OF MANVILLE HEIGHTS ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA. COMMENCING AS A POINT OF REFERENCE AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE SOUTH 89'24' WEST 22.8 FEET ALONG THE NORTH LOT LINE OF SAID LOT 8 TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH , , . ,_CEET ^~ ,-,~,-, .~u~ o .......... LINE '~'~ ~-"'~ ~'"'n~" ..... o-,- ,-.,~nk,~,~ OF~SAID LOT 8; THENCE NORTH 0'05' EAST 2.9 FEET ALONG THE WEST LINE OF SAID LOT 8 EXTENDING NORTHERLY; THENCE SOUTH 89'17' EAST 126.9 FEET TO THE POINT OF BEGINNING AND CONTAINING .0042 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY: If any section, provision or part of the Ordinances 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 adjudicated 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 ,2004. MAYOR ATTEST: CITY CLERK Approved by City Attorney's O~ice ppdadrNord/425 beldon.doc Ordinance No. Page. it was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration 2/3/04 Voteforpassage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman, O'Donnell. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published To: Planning and Zoning Commission Prepared by: Amanda Cline, Planning Intern Item: VAC03-00004 Date: December 18, 2003 Grove Street right-of-way General Information: Applicant City of Iowa City 410 E. Washington Iowa City, IA 54424 Requested Action: Right-of-way vacation Purpose: To allow acquisition of a portion of the Grove Street right-of-way in exchange for 44-sqaure feet of his property for use as public right-of- way Location: North side of Grove St. extending along the north lot line of 425 Beldon Ave. Size: 184 square feet Existing Land Use and Zoning: Residential Surrounding Land Use and Zoning: North: University Open Space, P South: Residential, RS-5 East: Residential, RS-5 West: Residential, RS-5 Comprehensive Plan: The Comprehensive Plan designated the area surrounding the plot as residential and public space BACKGROUND INFORMATION: The City has initiated the vacation of a 184-square foot portion of the Grove Street right-of-way. This plot is adjacent to property owned by Paul Burns at 825 Beldon Avenue. When Mr. Burns' surveyed his lot for the purpose of locating a fence, he found that the paved portion of the Grove Street right-of-way encroached on his property approximately three feet at the corner of Beldon Avenue and Grove Street. When this area was platted many years ago, the surveyors laying out the area west of Beidon Avenue did not account for the fact that the Grove Street right-of- way narrows by ten feet west of Beldon in a non-symmetrical fashion. The existence of a large, mature oak tree, on the north side of the right-of-way, makes the option of removing the encroaching pavement and shifting the pavement to the north impractical. The City performed a survey of the area and determined that Mr. Burns' landscape improvements to the north of the property were encroaching into the Grove Street right-of-way. To resolve this matter and legitimize each encroachment, the City determined that a land swap would be in the best interests of both parties. In return for Mr. Burns' conveying the 44-square feet of property to be used as right-of-way at the intersection of Beldon Avenue and Grove Street, the City will vacate 184-square feet of the Grove Street right-of-way extending westerly along the south right-of-way line. ANALYSIS: In general release of a street or alley right-of-way should not be recommended when it would result in 1 ) detrimental vehicular or pedestrian circulation, 2) elimination of street space adjacent to a public facility, such as a park, where retention of the street might be of advantage to the public facility, or 3) if it would inhibit the access of fire or emergency vehicles, or utility service vehicles. The area proposed for vacation does not appear to be used by the general public. Grove Street does not allow for parking. The right-of-way contains an area landscaped by Mr. Burns that is surrounded by a wrought-iron fence. The function of Grove Street will not be altered through the vacation of this narrow portion of the right-of-way. There does not appear to be a public benefit to keeping the west Grove Street right-of-way for City use. The City has no future plans for the use of this right-of-way. There are no sanitary sewers, storm sewers, or water mains within this area. Staff has notified the utility companies of the proposed vacation. If there are any utilities in the area to be vacated, they will need to be moved or an easement will need to be retained. We anticipate that the utility companies will identify the location of any utilities in this area prior to City Council consideration of this application. STAFF RECOMMENDATION Staff recommends that the City vacate the 184-square foot podion of the right-of-way located to the north of 825 Beldon Avenue subject to the conveying of 44 square feet of property for use as right-of-way at the intersection of Beldon Avenue and Grove Street. ATTACHMENT Location Map Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development vacation area Z 425 Beldon Ave. LOCA%~ON: Vacation of Grove Street by 425 Beldon Avenue Prepared by Amanda Cline, Planning Intern, 410 E. Washington St., Iowa City, IA 52240; 319-356-5231 ORDINANCE NO. AN ORDINANCE rING A PORTION OF THE ALLEY LOCATED TO THE EAST OF 425 BELDON AVENUE. WHEREAS, the Cit City has initiated the vacation of a 184 square foot portion of the right-of- way located to the north of and WHEREAS, the said ' is not necessary for public use; and WHEREAS, the City has WHEREAS it is in the Cit interest to vacate this area to for land needed for right-of-way and Grove Street; and WHEREAS, the Planning and Commission right-of-way subject to the retention of any easements and the of the right-of-way being approved concurrently with the I of the ordinance vacating the ~ NOW, THEREFORE, BE BY THE CITY COUI~ _ OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION: Subject retention of necessary utility easements, and the conveyance of the right-of-way being approval of the ordinance vacating the alley, the City of iowa City hereby ' described as follows: THE ALLEY LYING ADJACENT TO 2 OF MANVILLE HEIGHTS ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA. AS A POINT OF REFERENCE AT THE NORTHEAST CORNER OF SAID LOT 8; SOUTH 89'24' WEST 22.8 FEET ALONG THE NORTH LOT LINE OF SAID LOT 8 BEGINNING; THENCE CONTINUING SOUTH 89'24' WEST 126.9 FEET ALONG THE SAID NORTHWEST CORNER OF SAID LOT 8; THENCE NORTH 0'05' EAST 2.9 THE WEST LINE OF SAID LOT 8 EXTENDING NORTHERLY; THENCE SOUTH 89'17' FEET TO THE POINT OF BEGINNING AND CONTAINING .0042 ACRES AND SUBJE ; AND RESTRICTIONS OF RECORD. SECTION II. and provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY: ~ section, judged to be invalid or unconstitutional udication shall validity of the Ordinance as a whole or any section, prevision or part th not adj~ SECTION IV. __ This Ordinance shall be effect after its final passage, approval and publication, as , law. Passed and ~ ,2004 MAYOR ATTEST: by ;LERK ~ /-- ppdadnYord/425 betdon.doc Prepared by: John Yapp, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (REZ03-00020) ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 119.94 ACRES FROM INTERIM DEVELOPMENT SINGLE-FAMILY, IDRS, AND INTERIM DEVELOPMENT MULTI-FAMILY, IDRM, TO PLANNED DEVELOPMENT HOUSING OVERLAY - SINGLE-FAMILY RESIDENTIAL, OPDH-5, SUBJECT TO CONDITIONS, FOR PROPERTY LOCATED SOUTH OF PEPPERWOOD ADDITION AND EAST OF GILBERT STREET. WHEREAS, Southgate Development has applied for a rezoning to Planned Development Housing Oveday - Single-Family Residential, ODPH-5, for 119.94 acres of property located south of Pepperwood Addition, east of Gilbert Street, in conjunction with an application for a Preliminary Plat and Sensitive Areas Site Plan of Sandhill Estates, a 379-1ot residential subdivision; and WHEREAS, the adopted South District Plan states the predominant land use in the part of the city will be single-family residential, and one of the goals of the Comprehensive Plan is to develop neighborhoods wi~h smaller lots and more common open space; and WHEREAS, the proposed Sandhill Estates plan is a single-family residential development with smaller lots and an approximate 17 acre area of open space; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and Preliminary Plat and has recommended approval subject to certain conditions related to access, and the appropriate design and layout of houses on smaller lots in order to maintain a residential appearance in the neighborhood; and WHEREAS, Iowa Code Section 414.5 (2003) provides that the City of Iowa City, on granting an applicant's rezoning request, may impose certain conditions over and above existing regulations in order to satisfy public needs directly caused by the reasoning request; and WHEREAS, the South District Plan states that "as housing density increases and lot sizes are reduced, attention will need to be paid to design issues, such as garage and driveway locations; to ensure that new neighborhoods are attractive and livable; and WHEREAS, the Planning and Zoning Commission has recommended a Conditional Zoning Agreement to ensure the above-reference comprehensive plan policies are addressed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~. Subject to the terms and conditions of the Conditional Zoning Agreement attached hereto and incorporated herein, the property described is hereby reclassified from Interim Development Single-Family, IDRS, and Interim Development Multi-Family, IDRM, to Planned Development Housing Oveday-Single-Family Residential, OPDH-5: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S88°23'31"W ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER AND GOVERNMENT LOT 4, ALL IN SAID SECTION 22, A DISTANCE OF 36.53 FEET; THENCE N52°43'16'~/, 350.30 FEET; THENCE NORTHWESTERLY 328.12 FEET, ALONG AN ARC OF A 1040.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 326.77 FOOT CHORD BEARS N61o45'35"W; THENCE N21o01'13"E, 56.59 FEET; THENCE N52o43'16"W, 449.64 FEET; THENCE N71o05'50"W, 158.60 FEET; THENCE N52o43'16"W, 432.68 FEET; THENCE N25o00'58"W, 26.81 FEET; THENCE NORTHWESTERLY 56.88 FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 54.77 FOOT CHORD BEARS N87o51'31"W; THENCE N60o42'05"W, 5.34 FEET; THENCE N01o41'35"W, 204.14 FEET; THENCE S60o42'05"E, 748.28 FEET; THENCE N17o22'29"E, 242.32 FEET; THENCE N30o21'43"E, 38.20 FEET; THENCE N60o25'38"W, 322.36 FEET; THENCE N48°08'37"W, 217.98 FEET; THENCE N23o34'36"W, 254.77 FEET; THENCE N01o50'58"W, 174.62 FEET; THENCE N88o09'02"E, 123.42 FEET; THENCE N03o13'36"E, 40.16 FEET; Ordinance No. Page 2 THENCE S88°09'02"W, 369.66 FEET; THENCE N01o41'35"W, 728.02 FEET, TO THE SOUTHWEST CORNER OF LOT 206 OF PEPPERWOOD ADDITION, PART 11, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE N88o08'13"E, ALONG THE SOUTHERLY LINE OF SAID PEPPERWOOD ADDITION - PART 11 AND ALSO ALONG THE SOUTHERLY LINE OF PEPPERWOOD ADDITIONS - PART 7, PART 3 AND PART 2, A DISTANCE OF 1520.66 FEET TO THE EAST ONE-QUARTER CORNER OF SAID SECTION 22; THENCE N88° 07'03"E, ALONG THE SOUTHERLY LINE OF SAID PEPPERWOOD ADDITION - PART 2, A DISTANCE OF 280.60 FEET TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 95121 AS RECORDED IN PLAT BOOK 36 AT PAGE 81 IN SAID RECORDER'S RECORDS; THENCE S01°02'57"E, ALONG THE WEST LINE OF SAID AUDITOR'S PARCEL, 1120.00 FEET; THENCE N87o49'06"E, ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL, 945.00 FEET TO THE SOUTHEAST CORNER OF SAID AUDITOR'S PARCEL; THENCE S01o03'50"E, 586.43 FEET TO THE NORTHWEST CORNER OF LOT 73, SOUTH POINTE ADDITION, PARTS 1-8 AS RECORDED IN PLAT BOOK 33 AT PAGE 312 IN SAID RECORDER'S RECORDS; THENCE S01o06'34"E, ALONG THE WEST LINE OF SAID SOUTH POINTE ADDITION, 930.10 FEET, TO THE SOUTHWEST CORNER OF LOT 30 OF SAID SOUTH POINTE ADDITION; THENCE S87"45'02"W, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 23 OF SAID TOWNSHIP AND RANGE, 1243.31 FEET TO THE POINT OF BEGINNING, CONTAINING 114.70 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. COMMENCING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S88o23'31"W ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER AND GOVERNMENT LOT 4, ALL IN SAID SECTION 22, A DISTANCE OF 36.53 FEET; THENCE N52°43'16"W, 350.30 FEET; THENCE NORTHWESTERLY 328.12 FEET, ALONG AN ARC OF A 1040.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 326.77 FOOT CHORD BEARS N61o45'35"W; THENCE N21o01'13"E, 56.59 FEET; THENCE N52o43'16"W, 449.64 FEET; THENCE N71°05'50'~/V, 158.60 FEET; THENCE N52°43'16"W, 432.68 FEET; THENCE N25o00'58"W, 26.81 FEET; THENCE NORTHWESTERLY 56.88 FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 54.77 FOOT CHORD BEARS N87o51'31"W; THENCE N60o42'05"W, 5.34 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUEING N60o42'05"W, 11.46 FEET; THENCE NORTHWESTERLY 54.62 FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 52.76 FOOT CHORD BEARS N34o37'12"W; THENCE N52o43'16'~N, 305.56 FEET; THENCE N88o18'26"E, 212.43 FEET; THENCE S60°42'05"E, 74.23 FEET; THENCE S01o41'35"E, 204.14 FEET, TO THE SAID POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 0.70 ACRE, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. COMMENCING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S88°23'31"W ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER AND GOVERNMENT LOT 4, ALL IN SAID SECTION 22, A DISTANCE OF 36.53 FEET; THENCE N52°43'16"W, 350.30 FEET; THENCE NORTHWESTERLY 328.12 FEET, ALONG AN ARC OF A 1040.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 326.77 FOOT CHORD BEARS N61°45'35"W; THENCE N21o01'13"E, 56.59 FEET; THENCE N52°43'16"W, 449.64 FEET; THENCE N71o05'50"W, 158.60 FEET; THENCE N52°43'16'~/V, 432.68 FEET; THENCE N25o00'58"W, 26.81 FEET; THENCE NORTHWESTERLY 56.88 FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 54.77 FOOT CHORD BEARS N87o51'31"W; THENCE N60o42'05"W, 5.34 FEET; THENCE N01°41'35"W, 204.14 FEET; THENCE S60o42'05"E, 748.28 FEET; THENCE N17o22'29"E, 242.32 FEET; THENCE N30o21'43"E, 38.20 FEET; THENCE N60°25'38"W, 322.36 FEET; THENCE N48°08'37'~N, 217.98 FEET; THENCE N23o34'36"W, 254.77 FEET; THENCE N01o50'58"VV, 174.62 FEET; THENCE N88o09'02"E, 123.42 FEET; THENCE N03°13'36"E, 40.16 FEET; THENCE S88o09'02"W, 369.66 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUEING S88o09'03"W, 68.37 FEET; THENCE N53o41'50"W, 288.80 FEET TO THE Ordinance No, Page 3 SOUTHEAST CORNER OF A PLAT OF SURVEY OF A 10.0 ACRE TRACT RECORDED IN PLAT BOOK 13 AT PAGE 61 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE N02o43'14"W, ALONG THE EAST LINE OF SAID TRACT, 549.60 FEET TO THE SOUTHWEST CORNER OF LOT 184 OF PEPPERWOOD ADDITION, PART 9, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE N88o08'13"E, ALONG THE SOUTHERLY LINE OF SAID PEPPERWOOD ADDITION - PART 9, A DISTANCE OF 305.82 FEET; THENCE S01o41'35"E, 728.02 FEET, TO THE POINT OF BEGINNING, CONTAINING 4.54 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II VARIATIONS. To encourage the development of smaller lots and larger common open space, the Sandhill Estate Planned Development contains lots with narrower frontages and smaller lot sizes than would normally be permitted in the Iow-density single-family zone. With approval of the OPDH-5 zoning designation and Sandhill Estates preliminary plat, these lots are deemed to be legal conforming lots. SECTION III. 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 final passage, approval, and publication of this Ordinance as provided by law. SECTION IV CONDITIONAL ZONING AGiREEMENT. 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 the property owners and applicant of the Sandhill Estates property requested for rezoning and subdivision. SECTION V. CERTIFICATION AND RFCORDINC~ The City Clerk is hereby authorized and directed to codify a copy of this Ordinance and the Conditional Zoning Agreement and to record same in the Johnson County Recorder's Office at the applicant's expense upon passage and approval of this Ordinance. ~. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION VII 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 adjudicated invalid or unconstitutional. SECTION VIII. EFFECTIVE DATF This Ordinance shatl 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 Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilbum First Consideration 2/3/04 Voteforpassage: AYES: E1]iott, Lehman, 0'Donnel], Vanderhoef. NAYS: Wilburn, Bailey, Champion. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (REZ03-00020) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and SG & M Properties, LLC, (hereinafter "Owner") and Southgate Development Company, Inc (hereinafter "Applicant"); and WHEREAS, Owner is the legal title holder of approximately 119.94 acres of property located south of Pepperwood Addition and east of Gilbert Street; and WHEREAS, the Applicant and Owner have requested the rezoning of the approximately 119.94-acre property from Interim Development Single Family, IDRS, and Interim Development Multifamily (IDRM) to Planned Development Housing-Single Family Residential, OPDH-5, in conjunction with the Preliminary Plat and Sensitive Areas Site Plan of Sandhill Estates, a 379-1ot single family subdivision; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding access, the design of structures on narrow lots with alley access, and the front yard setback on lots less than 60 feet wide without alley access, the proposed rezoning is in conformance with the South District Plan, which is part of the Comprehensive Plan; and WHEREAS, the South District Plan states that "as housing density increases and lot sizes are reduced, attention will need to be paid to design issues"; and WHEREAS, Iowa Code § 414.5 (2003) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is in general accordance with the principles of the South District Plan and Comprehensive Plan; and WHEREAS, Owner and Applicant agree to use this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: 1. SG & M Properties LLC is the owner and title holder and Southgate Development Company, inc. is the applicant for a rezoning of the property legally described as follows: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S88°23'31'~/V ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER AND GOVERNMENT LOT 4, ALL IN SAID SECTION 22, A DISTANCE OF 36.53 FEET; THENCE N52°43'16'~V, 350.30 FEET; THENCE NORTHWESTERLY 328.12 FEET, ALONG AN ARC OF A 1040.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 326.77 FOOT CHORD BEARS N61°45'35'~N; THENCE N21°01'13"E, 56.59 FEET; THENCE N52°43'16'~V, 449.64 FEET; THENCE N71°05'50'~/, 158.60 FEET; THENCE N52°43'16'~V, 432.68 FEET; THENCE N25°00'58"~N, 26.81 FEET; THENCE NORTHWESTERLY 56.88 FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 54.77 FOOT CHORD BEARS N87°51'31'~/V; THENCE N60°42'05"W, 5.34 FEET, TO THE POINT OF BEGINNING; THENCE CONTtNUEING N60°42'05'~/V, 11.46 FEET; THENCE NORTHWESTERLY 54.62 FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 52.76 FOOT CHORD BEARS N34°37'12'~N; THENCE N52° 43'16'~V, 305.56 FEET; THENCE N88°18'26"E, 212.43 FEET; THENCE S60°42'05"E, 74.23 FEET; THENCE S01°41'35"E, 204.14 FEET, TO THE SAID POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 0.70 ACRE, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. COMMENCING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S88°23'31"W ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER AND GOVERNMENT LOT 4, ALL IN SAID SECTION 22, A DISTANCE OF 36.53 FEET; THENCE N52°43'16'~/V, 350.30 FEET; THENCE NORTHWESTERLY 328.12 FEET, ALONG AN ARC OF A 1040.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 326.77 FOOT CHORD BEARS N61°45'35'~V; THENCE N21 °01'13"E, 56.59 FEET; THENCE N52°43'16'~N, 449.64 FEET; THENCE N71°05'50"W, 158.60 FEET; THENCE N52°43'16"W, 432.68 FEET; THENCE N25°00'58"W, 26.81 FEET; THENCE NORTHWESTERLY 56.88 FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 54.77 FOOT CHORD BEARS N87°51'31'~N; THENCE N60°42'05'~/, 5.34 FEET; THENCE N01°41'35'~/V, 204.14 FEET; THENCE S60°42'05"E, 748.28 FEET; THENCE N17 °22'29"E, 242.32 FEET; THENCE N30°21'43"E, 38.20 FEET; THENCE N60°25'38'~N, 322.36 FEET; THENCE N48°08'37'~N, 217.98 FEET; THENCE N23°34'36"W, 254.77 FEET; THENCE N01°50'58'~N, 174.62 FEET; THENCE N88°09'02"E, 123.42 FEET; THENCE N03°13'36"E, 40.16 FEET; THENCE S88°09'02'~N, 369.66 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUEING S88°09'03"W, 68.37 FEET; THENCE N53°41'50"W, 288.80 FEET TO THE SOUTHEAST CORNER OF A PLAT OF SURVEY OF A 10.0 ACRE TRACT RECORDED IN PLAT BOOK 13 AT PAGE 61 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE N02°43'14"~N, ALQNG THE EAST LINE OF SAID TRACT, 549.60 FEET TO THE SOUTHWEST CORNER OF LOT 184 OF PEPPERWOOD ADDITION, PART 9, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE N88°08'13"E, ALONG THE SOUTHERLY LINE OF SAID PEPPERWOOD ADDITION - PART 9, A DISTANCE OF 305.82 FEET; THENCE S01°41'35"E, 728.02 FEET, TO THE POINT OF BEGINNING, CONTAINING 4.54 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEGINNING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S8823'31"W ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER AND GOVERNMENT LOT 4, ALL IN SAID SECTION 22, A DISTANCE OF 36.53 FEET; THENCE N52°43'16'~N, 350.30 FEET; THENCE NORTHWESTERLY 328.12 FEET, ALONG AN ARC OF A 1040.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 326.77 FOOT CHORD BEARS N61°45'35'~N; THENCE N21 °01'13"E, 56.59 FEET; THENCE N52°43'16"W, 449.64 FEET; THENCE N71°05'50"W, 158.60 FEET; THENCE N52°43'16"VV, 432.68 FEET; THENCE N25°00'58"W, 26.81 FEET; THENCE NORTHWESTERLY 56.88 FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 54.77 FOOT CHORD BEARS N87°51'31"VV; THENCE N60°42'05"~N, 5.34 FEET; THENCE N01°41'35"W, 204,14 FEET; THENCE S60°42'05"E, 748.28 FEET; THENCE N17 °22'29"E, 242.32 FEET; THENCE N30°21'43"E, 38.20 FEET; THENCE N60°25'38"W, 322.36 FEET; THENCE N48°08'37"W, 217.98 FEET; THENCE N23°34'36'~'V, 254.77 FEET; THENCE N01°50'58'~N, 174.62 FEET; THENCE N88°09'02"E, 123.42 FEET; THENCE N03°13'36"E, 40.16 FEET; THENCE S88°09'02'~V, 369.66 FEET; THENCE N01°41'35"VV, 728.02 FEET, TO THE SOUTHWEST CORNER OF LOT 206 OF PEPPERWOOD ADDITION, PART 11, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE N88°08'13"E, ALONG THE SOUTHERLY LINE OF SAiD PEPPERWOOD ADDITION - PART 11 AND ALSO ALONG THE SOUTHERLY LINE OF PEPPERWOOD ADDITIONS - PART 7, PART 3 AND PART 2, A DISTANCE OF 1520.66 FEET TO THE EAST ONE-QUARTER CORNER OF SAID SECTION 22; THENCE N88°07'03"E, ALONG THE SOUTHERLY LINE OF SAID PEPPERWOOD ADDITION - PART 2, A DISTANCE OF 280,60 FEET TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 95121 AS RECORDED IN PLAT BOOK 36 AT PAGE 81 IN SAID RECORDER'S RECORDS; THENCE S01°02'57"E, ALONG THE WEST LINE OF SAID AUDITOR'S PARCEL, 1129.00 FEET; THENCE N87°49'06"E, ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL, 945.00 FEET TO THE SOUTHEAST CORNER OF SAID AUDITOR'S PARCEL; THENCE S01°03'50"E, 586.43 FEET TO THE NORTHWEST CORNER OF LOT 73, SOUTH POINTE ADDITION, PARTS 1-6 AS RECORDED IN PLAT BOOK 33 AT PAGE 312 IN SAID RECORDER'S RECORDS; THENCE S01°06'34"E, ALONG THE WEST LINE OF SAID SOUTH POINTE ADDITION, 939.10 FEET, TO THE SOUTHWEST CORNER OF LOT 30 OF SAID SOUTH POINTE ADDITION; THENCE S87°45'02'~N, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 23 OF SAID TOWNSHIP AND RANGE, 1243.31 FEET TO THE POINT OF BEGINNING, CONTAINING 114.70 ACRES AND 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 principles of the Comprehensive Plan and South District Plan. Further, the parties acknowledge that Iowa Code § 414.5 (2003) 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 caused by the requested change, including provisions for adequate infrastructure necessary to support urban development. 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 development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: A. A separate left-turn lane on Gilbert Street for southbound to eastbound traffic must be constructed before more than 25 units are constructed. This can be added to the existing roadway as a temporary feature, or can be constructed as part of the permanent improvements including a four-lane PCC roadway with left-turn lane. B. Vehicular access to lots 161-204, 304-330 shall be from the alley. C. The design of the homes on lots 161-204, 304-330 shall be subject to Planning and Zoning Commission approval, along with the final plat, according to the following criteria: i. A variety of fa(;ades and variation on rooflines, such as the use of gable and hip roofs, to minimize a "cookie cutter" appearance and a different fa(;ade at least every third unit is required. ii. The sidewalls of lots 161,177, 178, 190, 191,204, 304, 316, 317,and 330 that face the street, should include elements of the front facade, such as windows and fenestration, doorways, trim and moulding, and reofline. It is not contemplated that porches will be required to wrap around to the side of the dwelling. iii. Front porches that are at least six feet in depth shall be included. iv. Slightly staggered footprints, also to avoid a monotonous appearance are required. v. Ten feet between buildings to meet norma~ setback requirements between buildings is required, and to allow for eaves or overhangs at the side of buildings. vi. Planning and Zoning Commission review of the building elevations and footprints as a condition of approval of the final plat is required. D. For lots less than 60 feet in lot width with no alley access, the front yard setback shall be 25 feet. 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 (2003), 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, and shall remain in full force and effect as a covenant with title to the 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 the Applicant's expense. Dated this day of January, 2004. SG & M PROPERTIES CITY OF IOWA CITY B(,y~'C~J~ I HJSA I ~-OE~ELOpM ,E ,it COMPANY, INC. M~~i~.ent/.;: ." By: Ernest Lehman, Mayor Myl~o?-,~l~er ~n, ~resident %~, ' ~-: ..... ~. ~q" Attest: Marian K. Karr, City Clerk Approved by: City'Att~n~y'~ Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this o~3'4~ day of January, 200~4, before me, the undersigned, a Notary Public in and for said County, in said State, personalty appeared Myles N. Braverman, President of Southgate Development Company, inc., to me personally known, who by me being duly sworn, did say that that corporation is the Manager of said limited liability company, and that said instrument was signed on behalf of said limited liability company by authority of it's Members and the said Manager acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed; and Myles N. Braverman, did say that he is the President, of the corporation executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of the corporation; that the instrument was signed and sealed on behalf of the corporation by authority of its Beard of Directors; and that Myles N. Braverman as President acknowledged the execution of the foregoing instrument to the voluntary act and deed of the corporation, by it and by him voluntarily executed. No~'~ry Public in and for said State I_ t .l 'FERESAL. MORROW I STATE OF IOWA / ~.[Cemmlsslon Number 14.~49~] I'-~-'1 M~C~.~n~ I ssi I"m~- I //, z~/. o(, I JOHNSON COUNTY ) On this ~"~ day of January, 2004, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Myles N. Braverman, to me personally known, who being by me duly sworn, did say that he is the President of the corporation executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of the corporation; that the instrument was signed and sealed on behalf of the corporation by authority of its Board of Directors; and that Myles N, Braverman, as President acknowledged the execution of the foregoing instrument to the voluntary act and deed of the corporation, by it and by him voluntarily executed. Not~ Public in and for said State STATE OF IOWA) ) ss: JO.NBO. COU.TY I"111" On this day of , A.D. 2004, 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: p pdadrn lagtlCZA-REZ03-00020(2) doc City of Iowa City MEMORANDUM Date: January 27, 2004 To: City Council From: John Yapp, Associate Planner ~,~¢,~,,v/,~.,-- Re: Sandhill Estates Conditional Zoning Agreement The Conditional Zoning Agreement has been revised to remove the condition related to garage setback and percentage-of-frontage requirements. A condition requiring a twenty-five foot setback for lots less than 60 feet in width that do not have alley access has been added. Myles Braverman, President of Southgate Development Company, has signed the Conditional Zoning Agreement. Therefore, the City Council may close the public hearing and vote on the associated rezoning request, which incorporates the attached Conditional Zoning Agreement. Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, iA 52240 (319) 356-5247 (REZ03-00020) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and SG & M Properties, LLC, (hereinafter "Owner") and Southgate Development (hereinafter "Applicant"); and WHEREAS, title holder of approximately 119.94 acres of property located south of Pepperwood Addition and Gilbert Street; and WHEREAS, the Apt Owner have requested the rezoning of the ~pproximately 119.94-acre property from Interim Develo ~ingie Family, IDRS, and Interim nent Multifamily (IDRM) to Planned Development Family Residential, OPDH-5, in with the Preliminary Plat and Sensitive Areas Site ndhill Estates, a 379-1ot sin subdivision; and WHEREAS, the Planning and Commission has determined with appropriate conditions regarding access, the design on narrow lots with alley and the size and placement of garages on lots less than 60 feet wide 3out alley access, the rezoning is in conformance with the South District Plan, which is Coral: and WHEREAS, the South District Plan that "as housin density increases and lot sizes are reduced, attention will need to be paid to desic 9 and driveway location, to assure that the new neighborhoods are attractive ; and WHEREAS, Iowa Code § 414.5 (2003) of Iowa City may impose reasonable conditions on granting an applicant's rezonim ~g regulations, in order to satisfy public needs caused by the requested change;; WHEREAS, the Owner and Applicant acknowled~ qat certain conditions and restrictions are reasonable to ensure the development of the property accordance with the principles of the South District Plan and Comprehensive Plan; and WHEREAS, Owner and Applicant agree to in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the I herein, the Parties agree as follows: 1. SG & M Properties is the owner and titl~ and South° Development is the applicant for a rezoning of the property legally described ~ COMMENCING AT THE SOUTHEAST SECTION 22, SHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., CITY OF I CITY JOHNSON COUNTY, IO~,~A; THENCE S88°23'31"W NORTHWESTERLY 328.12 FE,,ET, ALONG AN ARC OF A 1040.00 FORT ~I:~,~D,IUS CURVE, CONC~V.E,, SOUTHWESTERL'~, WHOSE 326.77 FOOT CHORD BEARS N6'~.4535~V; THENCE N21°01 13 E, 56.59 FEE.T,; T~ENCE N52°43'16"W, 449.64 FEET; THENCE NT~°05'50"W, 158.60 FEET; THENCE N52°431~'W, 432.68 FEET; THENCE N25°00'58"W, 26.81 '~FEET; THENCE NORTHWESTERLY 56.88/FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE, CO~C.A, VE NORTHEASTERLY, WHOSE 54.77 FOOT CHORD BEARS N87°51'31"WLTHENC?N60°42 5.34 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUEING N60°42'05"~N,~ 11.46 FEET; THENCE NORTHWESTERLY 54.62 FEET, ALONG AN ARC OF A 60.00 FOOT RAE~US CURVE, CONCAVE NORTHEASTERLY, WHOSE 52.76 FOOT CHORD BEARS N34°37'12"W; THENCE N52° 43'16"~N, 305.56 FEET; THENCE N88°18'26"E, 212.43 FEET; THENCE S60°42'05"E, 7423 FEET; THENCE S01°41'35"E, 204.14 FEET, TO THE SAID POINT OF BEGINNING. SAID TRAC%OF LAND CONTAINS 0.70 ACRE, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. COMMENCING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S88°23'31"W ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER AND GOVERNMENT LOT 4, ALL IN SAID SECTION 22, A DISTANCE OF 36.53 FEET; THENCE N52°43'16"W, 350.30 FEET; THENCE NORTHWESTERLY 328.12 FEET, ALONG AN ARC OF A 1040.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 326.77 FOOT CHORD BEARS N61°45'35"W; THENCE N21 °01'13"E, 56.59 FEET; THENCE N52°43'16"W, 449.64 FEET; THENCE N71°05'50"VV, 158.60 FEET; THENCE N52°43'16"W, 432.68 FEET; THENCE N25°00'58"W, 26.81 FEET; THENCE NORTHWESTERLY 56.88 FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 54.77 FOOT CHORD BEARS N87°51'31"W; THENCE N60°42'05"W, 5.34 FEET; THENCE N01°41'35"W, 204.14 FEET; THENCE S60°42'05"E, 748.28 FEET; THENCE N17 °22'29"E, 242.32 FEET; THENCE N30°21'43"E, 38.20 FEET; THENCE N60°25'38"W, 322.36 FEET; THENCE N48°08'37"W, 217.98 FEET; THENCE N23°34'36"W, 254.77 FEET; THENCE N01°50'58'~V, 174.62 FEE T; THENCE N88°09'02"E, 123.42 FEET; THENCE NO3°13'36"E, 40.16 FEET; THENCE 369.66 FEET, TO THE POINT OF BEGINNING; THENCE CONTIN~ ~EING S88°09'03"W, 68.37 FEET: 288.80 FEET TO THE SOUTHEAST COR OF A PLAT OF SURVEY OF 10.0 ACRE TRACT RECORDED IN PLAT BOOK 13 AT PAGE IN THE RECORDS OF THE COUNTY RECORDER; THENCE N02°43'14"W, ALOr, THE EAST LINE OF SAID TRACT, 60 FEET TO THE SOUTHWEST CORNER OF LOT OF PEPPERWOOD ADDITION, PART ACCORDING TO THE RECORDED PLAT THENCE N88°08'13"E, ALONG THE :~LY LINE OF SAID PEPPERWOOD ADDITION PART 9, A DISTANCE OF 305.82 728.02 FEET, TO THE POINT BEGINNING, CONTAINING 4.54 ACRE,' ' TO EASEMENTS AND RESTRICTION; RECORD, BEGINNING AT THE OF SECTION 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., 3F IOWA CITY, JOHNSON £ IOWA; THENCE S8823'31"W ALONG THE SOUTH LINE OF :_ SOUTHEAST ONE-C LOT 4, ALL IN SAID SECTION 22, 36.53 FEET; THEr, 350.30 FEET; THENCE NORTHWESTERLY 328.12 FEET AN ARC A 1040.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY 326.77 FOOT N61°45'35"VV; THENCE N21 °01'13"E, 56.59 FEET; THENCE THENCE N71°05'50"~N, 158.60 FEET; THENCE N52°43'16"W, 432.68 N25°00'58"W, 26.81 FEET; THENCE NORTHWESTERLY 56.88 FEET, ALONG A 60.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 54.77 FOOT CH BEARS N87°51'31"VV; THENCE N60°42'05"W, 5.34 FEET; THENCE N01041'35"W IENCE S60°42'05"E, 748.28 FEET; THENCE N17 °22'29"E, 242.32 FEET; THENCE FEET; THENCE N60°25'38"W, 322.36 FEET; THENCE N48°08'37"W, 217.98 FEET; THEN 254.77 FEET; THENCE N01°50'58"VV, 174.62 FEET; THENCE N88°09'02"E, 123. FEET; ICE N03°13'36"E, 40.16 FEET; THENCE S88°09'02"VV, 369.66 FEET; THENCE NI :EET, TO THE SOUTHWEST CORNER OF LOT 206 OF PEPPERWOOD ADDI' PART 11, TO THE RECORDED PLAT THEREOF; THENCE N88°08'13"E, )NG THE iR~Y LINE OF SAID PEPPERWOOD ADDITION - PART 11 ~.ND ALSO AL ; TH SOUTHERLY LINE,OF PEPPERWOOD ADDITIONS - PART 7, PART 3 AND PART 2, A ISTANCE OF 1520.66 FEET'.,,TO THE EAST ONE-QUARTER CORNER OF SAID SECTION 22;~J :NCE N88°07'03"E, ALQNG Ti~ SOUTHERLY LINE OF SAID PEPPERWOOD ADDITION - P/)R-2, A DISTANCE OF 280.60 F~ET TO THE NORTHWEST CORNER O,F, AUDITOR'S PARC/EL ~ 121 AS RECORDED IN PLAT BO~K 36 AT PAGE 81 IN SAID RECORDERS RECORDS TH?NCE S01°0 '5, "E, ALONG THE WEST OF SA D AUD TOR',S PARCEL, 1120.00 FEET; THJ~NCE N87°4906 E, ALONG THE SOUTH LI~E OF SAID AUDITORS PARCEL, 945.00 FEET TO/THE SOUTHEAST CORNER OF SAID AUDIT(~,R'S PARCEL; THENCE 801°03'50"E, 586.43 FE.,IF]- TO THE NORTHWEST CORNER OF LOT~73, SOUTH POINTE ADDITION, PARTS 1-6 ~S,,RECORDED,-w~o "'"'"'- IN PLAT BOOK 33 AT PAGE 312 II, SAID__ RECORDER'S RECORDS; THENCE S'01°06'34"E, ALONG THE WEST LINE OF SAID SOUTH'~OINTE ADDITION, 930.10 FEET, TO, THE,,, SOUTHWEST CORNER OF LOT 80 OF SAID SOUTH--F~INTE ADDITION; THENCE S87°4502'W, ALONG THE SOUTH LINE OF THE SOUTHEAST ONEqQUARTER OF SECTION 23 OF SAID TOWNSHIP AND RANGE, 1243.31 FEET TO THE POINT O~ BEGINNING, CONTAINING 114.70 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS O'~ RECORD. 2. Owner and Applicant acknowledge that the City wishes to ensure appropriate residential development that generally conforms to the principles of the Comprehensive Plan and South District Plan. Further, the parties acknowledge that Iowa Code § 414.5 (2003) 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 caused by the requested change, including provisions for adequate infrastructure necessary to support urban development. 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 development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: A. A separate left-turn lane on Gilbert Street for southbound to eastbound traffic must be constructed before more than 25 units are constructed. This can be added to the existing roadway as a temporary feature, or can be constructed as part of the permanent improvements includi~ a four-lane PCC roadway with left-turn lane. B. For Io'~less than 60 feet of lot width, the following shall apply:/ / i. The I~gth of any garage wall that faces a street may no,t/e :ce~ d 50% of the length of the street-facin'~building fa(;:ade, as measured along the sarr~ street frontage. On corner lots, only one stret~t,,-facing garage wall must meet this standar/d. This percentage may increase to 60% if the gar'~e is set back at least 6 feet behind./fhe longest street-facing wall of the dwelling uniL ~ ii~, street-facing g~r,,age door must be located nE closer to the front lot line than the longest street-facing wall of th'e~dwelling, with :he roi )~ing exception. A street-facing garage door may be located up to six, et in front of the Io~ lest street-facing wall of a dwelling unit. if the following conditions are me'k,,, \ a. There is a porch at th~ ' of the dwelling along the same street-facing wall of the dwelling as b. The garage door is Iocatec oser to the front lot line than the front of the porch; c. The porch is at least 48 squ feet in area, with no dimension less than 6 feet; d. The porch has a solid roof of which is not more than 10 feet above the floor of the porch. C. Vehicular access to I be from the alley. C. The design of the homes lots 161-204 shall be subject to Planning and Zoning Commission a plat, to the following criteria: and variation on rooflines, su'~ as the use of gable and hip roofs, to i. A variet minimize a ~r" appearance and a differef~ fa(;ade at least every third unit is required. ii. The side¢ls of lots 161, 177, 178, 190, 191,204, 304~, 316, 317, and 330 that face the street, shou,~ include elements of the front fa(;:ade. / iii. Fron/Vporches that are at least six feet in depth shall be included. / iv. Slightly staggered footprints, also to avoid a monotonous appearance are required. v. Ten feet between buildings to meet normal setback requirements between buildings is required, and to allow for eaves or overhands at the side of buildings. vi. Planning and Zoning Commission review of the building elevations and footprints as a condition of approval of the final plat is required. 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 (2003), 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 Zonin 6. The acknowledge that this Conditional Zoning Agreement shall be deemed to be a with the land and with the title to this land, and shall remain in full force and effect as title to the land, unless or until released of record by the City of Iowa City. The Parties that this agreement shall inure to the benefit of and bind all successors and assigns of the Parties. 7. Applicant acknowh that nothing in this Conditional Zonin I Agreement shall be construed to relieve the Owner or A complying with all applicable I and federal regulations. 8. The Parties ag ~ Conditional Zoning Agreement ~11 be incorporated by reference into the ordinance rezonin, and that and publication of the ordinance, this agreement shall be in the Johnson Cour Recorder's Office at the Applicant's expense. Dated this day of 2004. SG & M PROPERTIES By: Ernest Lehman, Mayor SOUTHGATEDEVELOPMENT By: Attest: Marian K. Karr, Cit ;lerk Approved by: . C'~ty Attorney's (~Yffice sTA~OF IOWA ) ) ss: JOH~SO~UNTY ) On this ~ day of 20 before me the undersigned a Notary Public in and'k~or said County, in said State,' personally appeared .... %. , to me known to be the identical personfs) named in and who executed the within and foregoing instr0~ent, and acknowledged that (he/she/they) executed the same as (his/her/their) voluntary act and dee~ , My commissh expires: STATE OF IOWA ) ~ ) ss: \ JOHNSON COUNTY ) x~', On this day of 20 , before me, the undersigned, a Notary Public in and for said County, in said personally appeared , to me known to be personfs~ named in and who executed the within and foregoing instrument, and (he/she/they) executed the same as (his/her/their) voluntary act and deed. \ Notary Pu'l~c in and for the State of Iowa STATE OF IOWA ) My comm~:issio~xpires ) ss: o JOHNSON COUNTY ) On this day of __, A.D._______,_ _2 before me, the undersigned, a notary public in and t i, personally appear;~ E-mest W. Leh~n-an and Marian K. Kerr, to me personally known, )! me duly sworn, did say that they are the MayO( and City Clerk, respectively, of said executing the within and foregoing instrument; tl'~t the seal affixed thereto is the seal of said ' ' that said instrument was signed and sealed on behalf of said the said Mayor and ~ty Clerk as such officers acknowledg,mUnicipal ¢ of its City Council; and that voluntary act and dee~l~of said corporation, by it and by them volunta'fily executed. Notary Public in and for the State of Iowa My commission expires: ppdadm/agt/CZA-REZ03-00020.doc Page 1 of 1 Marian Karr From: LORI and David KLOCKAU [DKIockau@msn.com] Sent: Saturday, January 24, 2004 4:36 PM To: cou ncil@iowa-city.org Subject: attached file - Sandhill Estates Housing Design Dispute Good Afternoon Ladies & Gentlemen of the Iowa City Council, Please take this article into account regarding the current housing design standards dispute with Southgate Development and the Sandhill Estates project. Bear in mind, that what $outhgate wants to do is in direct conflict with the following: 1) Iowa City Planning & Zoning Staff - who are paid to advise Council and serve the public interests 2) Iowa City Planning & Zoning Commission - Civic-minded people who volunteer countless hours to serve the Council and the public interest. 3) The South District Plan: A team effort between the City of Iowa City P&Z staff and residents of the South District of Iowa City. The people who will have to live with this development. 4) Numerous individual Iowa City residents who have taken the time and interest to address the Council on this issue. The last time I checked this was still a Democracy. Listen to the people who serve you, and the Iowa City residents whom you serve. Thank you for your time and consideration, and I'd be welcome to meet with any of you to discuss this. Respectfully, Dave Klockau 1031 Briar Drive Iowa City, IA $2240 319-351-6739 (H) 319-351-2848 (W) *** eSafe scanned this eraail for malicious content *** *** IMPORTANT: Do net epen attachments frem unrecognized senders *** 1/26/04 Marian Karr From: Steven Nelson [steven-nelson@uiowa.edu] Sent: Wednesday, January 28, 2004 3:01 PM To: cou ncil@iowa-city.org Cc: stevennelson2@mchsi.com; cou ncil@iowa-city.org Subject: Rezoning for Sandh[ll Estates January 28, 2004 To: Iowa City Council I wish to draw your attention to other instances in the city cede and ordinances ef aesthetic issues (district identity deleted with ... ) . "14-6J-5: A. Purpose and Intent: 1. Promote the public health, safety and general welfare ef the citizens of the City. 2. Promote orderly community growth, protect and enhance property values, and encourage both harmonious and innovative design. 3. Protect and enhance the social, cultural economic, environmental, and aesthetic development of the .. district and the ... Neighborhood. 4. Recognize environmental and aesthetic design as an integral part ef the planning process within the .... district and the ... Neighborhood. 5. Recognize that land use regulations aimed at these objectives provide net only for the health, safety and general welfare ef the citizens, but als© for their comfort and prosperity, and for the beauty and balance of the community. These objectives are, therefore, the proper and necessary concerns of local government." If the council rejects the idea of design standards for aesthetic appeal in the South District, are we to interpret this to mean that what is proper for the rest of the city is too good for the South District? Why are property values and community balance not important in the South District but only Seuthgate Development's wishes? Why does a bare majority ef the council wish te ignore the South District plan for development? The South District Plan and City Comprehensive Plan call for design guidelines to address aesthetic issues to safeguard property values and community values. Failure to follow the plans violates your obligation to upheld and fellow city cedes. I urge the council to adhere to the recommendations f©r rezoning proposed by city staff and Planning and Zoning Commission implementing the South District Plan. Or at least have the decency te amend or repeal tNe city's district plans and the Comprehensive Plan. Ignoring the plans is net an option and is insidious anarchy. --Steven Nelson 1033 Sandusky Dr Iowa City, IA 52240 319-354-1762 ! Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ03-00024) ORDINANCE NO..04-4].08 AN ORDINANCE REZONING 16.1 ACRES FROM RESIDENTIAL FACTORY BUILT HOUSING RESIDENTIAL (RFBH) TO PLANNED DEVELOPMENT HOUSING OVERLAY 12 (OPDH-12) AND AN OPDH PLAN FOR PROPERTY LOCATED ON HEINZ ROAD. WHEREAS, the property owner, The Paddock LLC, has requested a rezoning to allow the development of a mix of multi-family townhouse-style and duplex dwellings; and WHEREAS, the Planning and Zoning Commission has found that the proposed High Density Single-Family (RS-12) zoning with a Planned Development Overlay (OPDH-12), provides a transition between the existing Residential Factory-Built Housing (RFBH) and Medium Density Multi-family (RM- 20) zone in the area; and WHEREAS, the Planning and Zoning Commission found the proposed RS-12 zoning and OPDH plan to be in conformance with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed preliminary OPDH plan, including variations from the underlying RS-12 zoning to allow a mix of multi- family, townhouse-style and duplex dwellings; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from its current classification of RFBH to OPDH-12 and the associated preliminary planned development plan is hereby approved: Lot 7 and Lot 8 and portion of Lot 4 and Lot 6 of Saddlebrook Addition Part 2 to the City of Iowa City as recorded in Plat Book 42 - Pages 246 & 247 lying in the W 1/2 NE 1/4 Section 25, T. 79 N., R. 6 W., of the 5th P.M., Johnson County, Iowa, described as follows: + Beginning at the northeast corner of said Lot 7; thence S00°02'21"E - 1038.77 feet; thence S67°52'28'~N - 315.94 feet; thence westerly 378.07 feet along a 960.00 foot radius curve concave northerly with a central angle of 22o33'53'' and a chord of S79°02'46'~N - 375.64 feet; thence N19°40'31"E - 36.65 feet; thence N00°59'52"W - 93.52 feet; thence N06°31'36"W - 49.83 feet; thence N07°47'00"E - 546.33 feet; thence N10°21'31"E - 67.35 feet; thence northerly 83.25 feet along a 150.00 foot radius curve concave westerly with a central angle of 31047'54" and a chord of N04°15'20'~N - 82.18 feet; thence N20°09'17'¥V - 55.60 f~et; thence northeasterly 141.71 feet along a 114.00 foot radius curve concave northwesterly with a central angle of 71°13'21'' and a chord of N32°57'36"E - 132.76 feet; thence N03°20'32"W - 193.70 feet; thence northwesterly 197.75 feet along a 300.00 foot radius curve concave southwesterly with a central angle of 37°46'03'' and a chord of N22°13'43"W - 194.19 feet; thence N40°14'52"E - 159.04 feet; thence N68°25'23"E - 241.00 feet; thence S20°31'09"E - 47.01 feet; thence S22°26'14"E - 89.62 feet; thence S20°31'09"E - 75.79 feet; thence southerly 168.42 feet along a 470.00 foot radius curve concave westerly with a central angle of 20°31'53'' and a chord of S10°15'12"E - 167.52 feet; thence S00°00'45'~V - 22.34 feet; thence N89°57'39"E - 173.42 feet to the Point of Beginning. Said Parcel contains 16.41 acres. SECTION II. VARIATIONS. A.)The RS-12 requirement that townhouses be located on individual lots is hereby waived to allow the clustering of up to 8 townhouse-style dwelling units on lot 4. B.) The RS- 12 requirement that duplexes are limited to one building per lot is hereby waived to allow 9 duplex buildings on Lot 4, 8 duplex buildings on Lot 6, 5 duplex buildings on Lot 7 and 5 duplex buildings on Lot 8. C.) The RS-12 prohibition of multi-family buildings is hereby waived to allow 2 8-plex buildings on Lot 4. Ordinance No. 04-4105 Page 2 SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect affer its final passage, approval and publication, as provided by law. Passed and approvedthis 3rd day_of FPbruarv ,2004 . ~I~Y-C~F~ .~ . ' _j.~ ~_~ , City Attorney's Office ppdadm/ord/sad dlebrookpl2.doc Ordinance No. 04-4108 Page 3 It was moved by 0' Donne11 and seconded by Vanderhoef that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilbum First Consideration 1/6/04 Voteforpassage:AYES: Champion, Elliott, Lehman, Vanderhoef, Wilburn, Bailey. NAYS: O'Donnell. ABSENT: None. Second Consideration 1/20/04 Voteforpassage: AYES: Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Date published 2/11/04 Prepared by: John Yapp, PCD, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (REZ03-00027) ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 26.98 ACRES FROM HIGHWAY COMMERCIAL, CH1, TO SENSITIVE AREAS OVERLAY, SAC/CH1, FOR PROPERTY LOCATED WEST OF MORMON TREK BOULEVARD AND SOUTH OF HIGHWAY 1. WHEREAS, James R. Davis has applied for a preliminary plat of J JR Davis Addition, an approximate 26.98 acre, 8-lot commercial subdivision located west of Mormon Trek Boulevard and south of Highway 1; and WHEREAS, because wetlands exist on the property and the property owner has proposed disturbing the wetlands, a Sensitive Areas Overlay rezoning is required; and WHEREAS, the applicant has submitted a Compensatory Mitigation Plan which proposes replacing the wetlands proposed to be disturbed with created wetlands at a ratio greater than 1:1; and WHEREAS, the applicant has proposed to reduce the required buffers around the wetlands and to take advantage of the buffer averaging provisions, as is permitted, in the Sensitive Areas Ordinance; and WHEREAS, the Compensatory Mitigation Plan has also been submitted to the United States Army Corps of Engineers in order to obtain appropriate federal permits related to disturbing wetlands; and WHEREAS, the Planning and Zoning Commission has reviewed the Sensitive Areas Development Plan, Compensatory Mitigation Plan and proposed wetland buffer averaging and reductions, and has recommended approval, subject to United States Army Corps of Engineers' approval of the Compensatory Mitigation Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL: The property described below is hereby reclassified from its current designation of Highway Commercial, CH1, to Sensitive Areas Overlay, OSNCH1, and the associated Sensitive Areas Development Plan and Compensatory Mitigation Plan are hereby approved: Commencing at the East Quarter Corner of Section 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S89°55'42"W, along the North Line of the Southeast Quarter of said Section 20, a distance of 1008.23 feet to the POINT OF BEGINNING; Thence Southeasterly, 24.28 feet, along a 450.00 foot radius curve concave Northeasterly, whose 24.28 foot chord bears S17°53'32"E; Thence Southeasterly, 1575.96 feet, along a 1850.00 foot radius curve, concave Northeasterly, whose 1528.74 foot chord bears S40°45'03"E; Thence S00°08'54"W, 43.34 feet; Thence S89°'58'36"W, 1360.64 feet, to a Point on the Easterly Right-of-Way Line of Primary Road No.518; Thence N11°39'22"W, along said Right-of-Way Line 367.90 feet; Thence N41°27'40"W, along said Right-of-Way Line, 157.58 feet; Thence N11"27'40"W, along said Line, 556.10 feet, to its intersection with the Southerly Right-of-Way Line of Iowa Highway Number 1; Thence N34°54'32"E, along said Right-of-Way Line, 245.30 feet; Thence N40o02'41"E, along said Right-of-Way line, 181.03 feet; Thence N31°21'09"E, along said Right-of-Way line, 140.66 feet; Thence N47°08'12"E, along said Right-of-Way line, 54.15 feet; Thence S49°45'28"E, 210.60 feet; Thence S02033'29"W, 3.66 feet; Thence Southeasterly, 75.58 feet, along a 940.00 foot radius curve, concave Southwesterly, whose 75.56 foot chord bears S45°'52'07"E; Thence S20°27'03"E, 31.29 feet; Thence S33°39'47"W, 88.67 feet, to the Point of Beginning. Said Tract of land contains 26.96 acres, more or less, and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. 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, along with the approved Sensitive Areas Development Plan, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Ordinance No, Page 2 SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,20~. MAYOR A']-rEST: CITY CLERK Ap~edby ppdadmin/ord/rezO3-0oo27,doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration Voteforpassage: AYES: Elliott, Lehman, O'Donnell, Vanderhoef, t~ilburn,Baile~,. NAYS: None. ABSENT: None. Second Consideration :]./20/04 Voteforpassage:AYES: Elliott, Lehman, O'Donnell, Vanderhoef, t~ilburn, Baile~,, Champion. NAYS: None. ABSENT: None. Date published Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," TO CREATE A UNIFORM PERMITTING PROCESS, TO ESTABLISH REQUIREMENTS FOR THE FARMERS MARKET, TO PROVIDE FOR THE NONCOMMERCIAL PLACEMENT OF OBJECTS IN CITY PLAZA ON A TEMPORARY BASIS, TO MODIFY THE PROVISION ON RESIDENTIAL PICKETING, TO CLARIFY THE CURRENT PROVISIONS REGULATING MOBILE VENDORS AND AMBULATORY VENDORS, TO CODIFY SPECIFIC ADMINISTRATIVE RULES AFFECTING SAID VENDORS, AND TO MAKE ADDITIONAL NONSUBSTANTIVE CHANGES. WHEREAS, because there are competing uses of the public right of way including streets, City Plaza, and parks, it is necessary to impose time, place, and manner requirements on those who seek to hold parades and public assemblies; WHEREAS, regulating the public right of way ensures the safe movement of pedestrians; WHEREAS, it is desirable that there be uniformity in the permitting process and specific criteria to guide and limit the discretion of city employees charged with granting or denying permits for used of City property; WHEREAS, except for groups or entities that are affiliated with the City, such as Iowa City Kickers, the use of public property should be either by a permit or by registration depending on the type of use; WHEREAS, rules regarding the length and placement of noncommercial objects in City Plaza should be enacted; WHEREAS, City oversight of ambulatory vendors and mobile vendors is primarily through administrative rules which should be codified; WHEREAS, the existing provision on focused residential picketing presents enforcement issues; WHEREAS, the right of privacy and the feeling of well-being and tranquility which the residents of the City should enjoy in their dwellings should be preserved; WHEREAS, the practice of focused residential picketing before or about a dwelling, targeted at the occupant or occupants of such dwelling causes emotional disturbances and distress to the occupant or occupants and disturbs the sense of peace and tranquility enjoyed by individuals in their dwellings; WHEREAS, there currently is no provision for the regulation of the Farmers Market, and a registration process should be created that sets up a procedure for Farmers Market vendors to register for exclusive use of a stall, to appeal the denial of said use, and to provide for revocation of said authorization under specific conditions; and WHEREAS, it is in the best interest of the City to adopt these amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 1, entitled "Definitions and Exemptions," Subsection A, entitled "Definitions," is hereby amended by adding the following new definitions: AFFILIATED GROUP: A group of persons or an entity engaged in sports and/or recreation that a) is affiliated with and either sponsored or co-sponsored by the City of Iowa City including, but not limited to organized youth soccer, boys' baseball, and girls' softball; and b) has executed a memorandum of understanding with the City for the use of public property. APPLICANT: A person who applies for a parade/public assembly permit as provided in this Chapter. PARADE/PUBLIC ASSEMBLY PERMIT: Written authorization by the City for use of public property, including the public right of way, as provided in this Chapter. PARK: Any park or playground owned or controlled by the City, including streets, trails, and roadways therein. PERSON: Any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other legal entity. Ordinance No. Page 2 PUBLIC ASSEMBLY: Any meeting, demonstration, picket line, rally or gathering of more than twenty-five (25) persons on the public right of way or one-hundred (100) persons in a park -for a common purpose as a result of prior planning that interferes with the normal flow or regulation of pedestrian or vehicular traffic on the public right of way or in a park or occupies any area in the public right of way or in a park. PUBLIC SIDEWALK: The improved portion of public right of way dedicated to and/or intended primarily for pedestrian use. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 1, entitled "Definitions and Exemptions," Subsection A, entitled "Definitions," is hereby amended by repealing the definitions of "Parade" and "Public Way" and substituting in their place the following new definitions: PARADE: A march or procession of more than twenty-five (25) persons, vehicles or other forms of transportation, such as bicycles, or combination thereof, in or upon the public right of way or in a park that necessitates or results in the exclusion, in whole or in part, of use of the public right of way or the park by others. PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and dedicated to public use, including City Plaza as defined in Title 10,Chapter 5 of this Code Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 1, entitled "Definitions and Exemptions," Subsection A, entitled "Definitions" is hereby amended by repealing the definitions of "demonstration," "picket," "protestor," and "public entertainment" in their entirety. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 1, entitled "Definitions and Exemptions," Subsection B, entitled "Exemptions," is hereby amended by deleting Subsection B in its entirety and substituting in its place the following: B. Exemptions: The following are exempt from the provisions of this Chapter: 1. Funeral processions. 2. A gathering of an affiliated group or subpart thereof. 3. Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities. 4. Spontaneous events occasioned by news or affairs coming into public knowledge within three (3) days of such public assembly or parade provided that the organizer thereof gives written notice to the City at least twenty-four (24) hours prior to such parade or public assembly. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 2, entitled "Permit and Compliance Required," is hereby amended by deleting Section 2 in its entirety and substituting in its place the following: A. It shall be unlawful for any person or group of persons to engage in, present, conduct or stage a parade or public assembly without first having obtained a parade/public assembly permit as provided in this Chapter. B. No person shall knowingly participate in or conduct a parade or public assembly unless a parade/public assembly permit has been obtained. C. All parades and public assemblies shall be conducted in accordance with the provisions of the parade/public assembly permit and shall be in compliance with all applicable State and local laws. No person shall knowingly fail to comply with the terms and conditions of a parade/public assembly permit. D. No person shall unreasonably hamper, obstruct, impede, or interfere with any parade or public assembly or with any person, vehicle or animal padicipating or used in any parade or public assembly. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 3, entitled "Application for Permit," is hereby amended by deleting Section 3 in its entirety and substituting in its place the following: A. Filing Application: 1. An application for a parade/public assembly permit shall be filed with the City Manager or designee by any person or group of persons desiring to use any public right of way as provided in this Chapter. If the applicant is not a natural person, the applicant shall identify a Ordinance No. Page 3 natural person who has authority to act for the applicant with regard to the parade or public assembly. 2. All applications shall be filed at least three (3) working days in advance of the date of the requested use. 3.Applications shall be made on forms prepared by the City Manager or designee. B. Application Form: The application form shall contain the following information: 1. Name and address of the applicant. 2. An acknowledgement to be signed by a natural person that he or she has authority over the parade or public assembly. 3.The type of event that is planned, namely parade, or public assembly. 4.Proposed location or locations. 5.Expected size of group. 6.Date, time and expected duration of the use. 7. Names and addresses of the persons to be in charge of the proposed use at the specified location. 8.Names and addresses of any persons to be featured as entertainers or speakers. 9. List and description of mechanical or electronic equipment to be used, including sound amplification. 10. Number and type of any motor vehicles or other forms of transportation to be used, including bicycles. 11.Number and type of any animals to be used. 12. Proposal to monitor the event, including the names of any person not employed by the City who will be responsible for setting up, cleaning up, or maintaining order and whether the police department will be needed to assist in maintaining order. 13.Proposal for cleanup. 14..An agreement in which the applicant shall agree to: pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind resulting from use of public property and the public right of way, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of public property and the public right of way. 15. Insurance is required in the reasonable amount necessary to minimize risk of harm to persons and property based on the nature and size of the event, as determined by the City's Risk Manager. The insurance requirement may be waived if applicant demonstrates inability to obtain insurance or to pay the cost of insurance. 16.Any other information that the City Manager or designee finds necessary. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 4, entitled "Issuance or Denial of Permit," is hereby amended by deleting Section 4 in its entirety and substituting in its place the following: A. Standards for Issuance of Permit: The City Manager or designee shall grant or deny the application for a permit in writing, which shall be mailed by ordinary mail or personally delivered to the applicant and stating the reasons therefore within seven (7) working days of the application being filed, and no later than the day prior to the event assuming the application is timely filed. The City Manager or designee shall examine the application and shall grant a permit if the following conditions are met: 1. The use will not unreasonably interfere with the privacy, safety, security, convenience and tranquility of the residents or inhabitants of the area in light of the date and time of said proposed use. 2. The proposed public right of way can accommodate the group or use, based both on group size and on health and sanitation facilities, whether available or to be provided by applicant. 3. The proposed use or activity is compatible with 'the normal activity of the proposed public right of way at the requested time or date. 4. The application demonstrates the applicant has the means, planning and coordination to hold the proposed event, considering the time of day, location, public facilities available, traffic control, parking requirements and any monitoring required to protect the public health and safety. Ordinance No. Page 4 5. The event will not interfere with either another event for which a permit has already been granted or an event organized and conducted by the City for the same date and time 6. The use will not substantially interrupt the flow of street and/or pedestrian traffic 31. 7. The use will not require the excessive diversion of police from other duties or substantially interfere with the City's firefighting operations. 8. The use does not create undue health or safety hazards 9. All applicable fees have been paid. 10. The application is fully completed and executed. 11. The indemnification agreement has been signed. 12. A certificate of insurance showing compliance with this section has been provided. 13. The application contains no material falsehood or misrepresentation. 14. The applicant is legally competent to contract and to sue and be sued. 15. The applicant has not damaged City property, and if the applicant has, the damage has been paid in full, and has paid all other outstanding and unpaid debts to the City. 16. The use or activity intended by the applicant is not prohibited by law. 17. The applicant paid clean up costs, if any, within thirty (30) days of the date of invoice as the result of a previously issued permit. 18. Additional police protection, if required under this chapter, has been secured. B. Contents and Conditions of Permit: The permit shall contain the following information: 1. Name, address, and telephone number of permittee. 2. Time, date and place of the permitted activity. 3. If a parade, the route and staging area. 4. Number of monitors or policing personnel required for safe use of the public right of way. 5. Such other information that the City Manager or designee finds necessary for the enforcement of this Chapter. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 5, entitled "Appeals Regarding Issuance or Denial of Permit," is hereby amended by deleting Section 5 in its entirety and substituting in its place the following: A. Any party aggrieved by the City Manager's or designee's decision to grant or deny a permit under this Chapter may appeal the determination to the City Council if, within five (5) working days after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later than its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code. B. Upon such hearing, the City Council may, based upon the standards enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's decision. The City Council's decision is the final decision. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 6, entitled "Revocation of Permit," is hereby amended by deleting Section 6 in its entirety and substituting in its place the following: The City Manager or designee, or the City Council if issued following an appeal, may revoke a parade/public assembly permit if: A. it is determined that the permittee has misstated any material fact in the application, there is a substantial and material variance between the information in the application and the actual facts or those facts which appear reasonably to have occurred, C. when it is determined by the Chief of Police or the Fire Chief that, by reason of disaster, public calamity, riot or other emergency, the pub(ic safety requires such revocation, D. the permittee's insurance has been cancelled, or E. the permittee is operating in violation of the terms and conditions of the permit or local, state, or federal law. A permit holder may appeal the revocation in the same manner as appealing the issuance or denial of a permit. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," is hereby amended by adding a new Section 7, entitled "Sale or Assignment of Permit," as follows: The sale, transfer, or assignment of a permit is prohibited. Ordinance No. Page 5 Title 10, entitled "Use of Public Ways and Properly," Chapter 1, entitled "Parades and Public Assemblies," is hereby amended by adding a new Section 8, entitled "Fees," as follows: Fees for permits shall be set by resolution of City Council. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," is hereby amended by adding a new Section 9, entitled "Police Protection," as follows: A. The Chief of Police or designee shall determine whether and to what extent additional police or security protection is reasonably necessary for the parade or public assembly for traffic control and public safety. The Chief of Police or designee shall base this decision on the size, location, duration, time and date of the event, the number of streets and intersections blocked, and the need to detour or preempt citizen travel and use of the public right of way. The speech content of the event shall not be a factor in determining the amount of police protection necessary. If possible, without disruption of ordinary police services or compromise of public safety, regularly scheduled on-duty personnel will police the event. If additional police or security protection for the parade or public assembly is deemed necessary by the Chief of Police or designee, the applicant shall be so informed. The applicant shall have the duty to secure the police or security protection deemed necessary by the Chief of Police or designee at the sole expense of the applicant. B. Persons engaging in parades or public assemblies conducted for the sole purpose of public issue speech protected under the First Amendment are not required to pay for any police protection provided by the City. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," is hereby amended by adding a new Section 10, entitled "Penalties," as follows: Any violation of this Chapter shall be considered a simple misdemeanor or municipal infraction as provided for in Title 1, Chapter 4 of this Code. Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," is hereby amended by changing the title of Chapter 2 to "Picketing." Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 1, entitled "Definitions," is hereby amended by adding the following new definitions: PICKETER: A person who engages in picketing with or without signs or placards. PICKETING: The practice of standing, marching, congregating, protesting, demonstrating, or patrolling by one or more persons for the purpose of persuading, discussing, educating, advocating, or informing another person or persons or for the purpose of protesting some action, attitude, policy, or belief. It does not include social, random, or other everyday communication. PRIVATE RESIDENCE: A single-family, duplex, or multi-family dwelling. PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and dedicated to public use, including City Plaza as defined in Title 10 Chapter 5. PUBLIC SIDEWALK: The improved portion of public right of way dedicated to and/or intended primarily for pedestrian use. RESIDENTIAL PICKETING: Picketing that is directed, focused, or targeted at a particular private residence and that takes place directly in front of the particular private residence or the private residences on either side of the targeted private residence. RESIDENTIAL ZONE: All Zones defined in Title 14, Chapter 6, Article D of this Code. Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 1, entitled "Definitions," is hereby amended by deleting the definitions of "demonstration," "picket," "protester," and "public way" in their entirety. Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 2, entitled "Use of Streets and Sidewalks for Picketing, Protesting and Demonstrating," is hereby amended by changing the title of Section 2 to "Use of Sidewalks for Picketing." Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 2, entitled "Use of Streets and Sidewalks for Picketing, Protesting and Demonstrating," is hereby amended by deleting Section 2 in its entirety and substituting in its place the following: A. No picketing except as authorized by a parade/public assembly permit issued under Title 10, Chapter 1 of the Code, shall be conducted on that portion of the streets used primarily for vehicular or bicycle traffic. B. Interference with Traffic, Businesses and Public Facilities: Picketers shall not block or obstruct free passage of any pedestrian, vehicular traffic, or bicycle traffic or interfere with ingress or egress to any business or public facility. Ordinance No. Page 6 Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 3 entitled "Prohibited Acts and Conditions," is hereby amended by deleting Section 3 in its entirety, by substituting in its place the following, and by entitling the new Section 3 as "Residential Picketing": A. It shall be un~awful for any person to engage in residential picketing. B. Nothing herein shall prohibit: 1) The residential picketing of a residence which is used as the occupant's sole place of business; 2) The residential picketing of a private residence used as a public meeting; 3) A person or group of persons from marching without stopping at a particular private residence; or 4) A person or group of persons from marching on a defined route without stopping at any particular private residence. C. Before a person may be cited for violation of this provision, the person must have been ordered to move, disperse, or otherwise remedy the violation by either a police officer or a person with authority to control the use of the private residence which is the focus or target of the residential picketing. Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 4 entitled "Advanced Notice of Proposed Picketing, Protesting or Demonstrating," is hereby amended by deleting Section 4 and substituting in its place the following: A. Police officers are authorized to disperse persons who are picketing whenever such picketing is in violation of this Chapter and poses a threat to public health, safety or orderly flow of traffic. B. It shall be unlawful for any person to refuse to disperse or move on when so directed by a police officer as herein provided. Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 5 entitled "Duty to Disperse as Directed by Police," is hereby amended by deleting Section 5 in its entirety. Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 6 entitled "Obstruction of Public Ways," is hereby amended by deleting Section 6 in its entirety. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 1, entitled "Definitions," is hereby amended by adding the following new definitions: APPLICANT: A person who applies for a permit as provided in this Chapter. MOBILE VENDING LOCATION: An appropriate area to operate a mobile vending cart as determined and assigned by the City Manager, or designee, in writing within the boundaries of city plaza and the 100, 200, and 300 blocks of Iowa Avenue for the operation of mobile vending carts. Each mobile vending permit shall carry with it the authorization to operate at one or two (2) designated locations. MOBILE VENDOR PERMIT: Written authorization by the City for use of public property, including public right of way, by a mobile vendor as provided in this Chapter. PERSON: Any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other legal entity. TEMPORARY USE OF SIDEWALK PERMIT: Written authorization by the City for use of sidewalk as provided in this Chapter. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 1, entitled "Definitions," is hereby amended by deleting the definition of "public right of way" and substituting in its place the following new definition: PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and dedicated to public use, including City Plaza as defined in Title 10, Chapter 5 of the Code. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 2, entiUed "Use of Public Sidewalks Restricted," is hereby amended by deleting Section 2 in its entirety and substituting in its place the following: Use of public sidewalks for any commercial purpose, including sidewalk cafes, shall be unlawful except as specifically provided herein or as specifically authorized by this chapter. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 4, entitled "Number of Permits; Use Limitations; Excluding Side-walk Cafes and Mobile Vending Cads," is hereby amended by deleting Section 4 in its entirety, by substituting in its place the following, and by entitling new Section 4 as "Temporary Use of Sidewalk Permits": The City Manager or designee is authorized to issue no more than two Temporary Use of Sidewalk Permits per calendar year to businesses or business organizations for any commercial Ordinance No. Page 7 purpose in commercially zoned districts excluding permits for sidewalk cafes, ambulatory vendors, and mobile vending cads. Temporary Use of Sidewalk Permits shall be limited to the temporary use of sidewalks and public right-of-way abutting said businesses and shall be limited to no more than three (3) days for any one permit. A. Application for Permit. 1. Firing an Application. a. An application for a Temporary Use of Sidewalk Permit shall be filed with the City Manager or designee by any person or group of persons desiring to use the public right of way as provided in this Chapter. If the applicant is not a natural person, the application shatl identify a natural person who has authority to act for the applicant with regard to the parade or public assembly. b. All applications shall be received five (5) days before proposed use. c. Applications shall be made on forms prepared by the City Manager or designee. 2. Application Form. The application form shall contain the following information: a. Name, address, and telephone number of the applicant. b. An acknowledgement to be signed by a natural person that he or she has authority over the permitted use of the sidewalk. c. Name and address of applicant's business. d. Days and hours of requested use. e. Description of use. e. An agreement in which the applicant shall agree to: pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind resulting from use of public property and the public right of way, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of public property and the public right of way. f. insurance as required in a reasonable amount necessary to minimize risk of harm to persons or properly based on the nature and size of the event, as determined by the City's Risk Manager. The insurance requirement may be waived if applicant demonstrates inability to obtain insurance or to pay the cost of insurance. g. Any other information that the City Manager or designee finds necessary. B. Issuance or Denial of Permit. 1. Standards for Issuance of Permit. The City Manager or designee shall grant or deny the application for Temporary Use of Sidewalk Permit in writing, which shall be mailed by ordinary mail or personally delivered to the applicant, and state the reasons therefore within seven (7) working days of the apptication being filed. The City Manager or designee shall examine the application and shall issue said permit if the following conditions are met: a. The applicant's proposed use will not impede the free flow of pedestrian traffic along the public right of way or in or out of adjacent properties. b. All applicable fees have been paid. c. The application is fully completed and executed. d. The indemnification agreement has been signed. e. A certificate of insurance showing compliance with this section has been provided. f. The application contains no material falsehood or misrepresentation. g. The applicant is legally competent to contract and to sue and be sued. h. The applicant has not damaged City property, and if the applicant has, the damage has been paid in full, and has paid all other outstanding and unpaid debts to the City. i. No permit has already been issued for the same time and place. j. The use does not conflict with previously planning programs organized and conducted by the City and previously scheduled for the same time and place. 2. Contents and Conditions of Permit. The permit shall contain the following information: a. Name, telephone number, and address of permittee. b. Time, date and place of the permitted activity. c. The permittee shall only offer for sale its own goods and products and shall not offer for sale any tobacco product. Ordinance No. Page 8 d. Such other information that the City Manager or designee finds necessary for the enforcement of this Chapter. C. Appeals. Any party aggrieved the City Manager's or designee's decision to grant or deny a permit under this Chapter may appeal the determination to the City Council if, within five (5) working days after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later than its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code. Upon such hearing, the City Council may, based upon the standards enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's decision. The City Council's decision is the final decision. D. The sale, transfer, or assignment of a temporary use of sidewalk permit is expressly prohibited. E. Revocation of Permit. The City Manager or designee, or the City Council if issued following an appeal, may revoke a permit if: 1. It is determined by the Chief of Police or the Fire Chief that, by reason of disaster, public calamity, riot or other emergency, the public safety requires such revocation is necessary to protect health, safety, and welfare 2.The permitee has misstated any material fact in the application 3. There is a substantial and material variance between the information in the application and the actual facts or those facts which appear reasonably to have occurred. 4.The permitee is operating in violation of the terms and conditions of the permit. 5.The permitee is operating in violation of the terms of the permit or local, state, or federal law. 6.The permitee's insurance has been cancelled. A permit holder may appeal the revocation in the same manner as appealing the issuing or denying of a permit. F. Fees. Fees for permits shall be set by resolution of City Council. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Section 5 in its entirety and substituting in its place the following: A. Application for Permit 1. Filing an Application. a. An application for a mobile vendor permit shall be filed with the City Manager or designee by any person or group of persons desiring to use the public right of way as provided in this Chapter. If the applicant is not a natural person, the applicant shall identify a natural person who has authority to act for the applicant with regard to the mobile vending operation. b. All applications for mobile vendor permits must be received by January 31 of the calendar year for which the permit will be issued. c. Applications shall be made on forms prepared by the City Manager or designee. 2. General Provisions a. No more than five (5) permits shall be issued each calendar year for the City Plaza and no more than two (2) permits sha~l be issued each calendar year for the 100, 200, and 300 blocks of Iowa Avenue. b. No tobacco or alcoholic beverages shall be offered for sale. c. At a minimum, mobile vendors shall operate during the following hours from May I to October 1: (1) 11:00 a.m. to 2:00 p.m. on Monday through Saturday; (2) 5:00 p.m. to 8:00 p.m. on Thursday through Saturday; and (3) three (3) additional hours each day on Monday through Wednesday as selected by the permitee. 3. Application Form The application form shall contain the following information: a. Name, address, and telephone number of the applicant. b. An acknowledgement to be signed by a natural person that he or she has authority over the permitted use of the sidewalk. c. List of past permits issued. Description of food and/or beverage product to be sold. e. Requested location or locations of operation. f. Electrical appliances to be used. g. Fuel needed to power equipment. h. Hours of operation. Ordinance No. Page 9 i. Months of operation. j. Location of overnight cart storage. k. Description of cart including its dimensions. I. The three (3) additional hours the permitee has selected to operate on Mondays through Wednesdays. m. An agreement in which the applicant shall agree to: pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind resulting from use of public property and the public right of way, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of public property and the public right of way. n. Acknowledgment that the applicant has contacted the Johnson County Health Department and has reviewed health code requirements. o. Insurance is required in a reasonable amount necessary to minimize risk of harm to persons and property based on the intended use, as determined by the City's Risk Manager. p. Any other information that the City Manager or designee finds necessary. B. Issuance or Denial of Permit Standards. The City Manager or designee shall grant or deny the application for a mobile vendor permit in writing within a reasonable time, which shall be mailed by ordinary mail or personally delivered to the applicant, and state the reasons therefore no later than sixty (60) calendar days after the application being filed. The length of time which is reasonable shall be determined by the type of use requested, the information supplied, the time the application is filed, and the extent of advance preparation and planning demonstrated and reasonably required. The City Manager or designee shall issue a permit if the following conditions have been met: 1. A mobile vending location is available which will not interfere the free movement within the emergency/service lane. 2. The applicant's proposed mode of operation will not impede the free flow of pedestrian traffic along the public right of way or in or out of adjacent properties. 3. The applicant agrees to operate the applicant's business only at assigned mobile vending locations. 4. The dimensions of the applicant's vending cart shall not exceed a size of four feet (4') wide by nine feet (9') long by eight feet (8') high. 5. The applicant has adequate storage for the mobile vending cart off the city plaza or public right of way. 6. The applicant has obtained all necessary permits required by the county department of health. 7. All applicable fees have been paid. 8. The application is fully completed and executed. 9. The indemnification agreement has been signed. 10. A certificate of insurance showing compliance with this section has been provided. 11. The application contains no material falsehood or misrepresentation. 12. The applicant has not damaged City property, and if the applicant has, the damage has been paid in full, and the applicant has paid all other outstanding and unpaid debts to the City. 13. The applicant has complied with applicable laws concerning the sale or offering for sale of any goods or services. 14. The use or activity intended by the applicant is not prohibited by law. 15. No other mobile vendor permit has been issued for substantially the same food or beverage product. Contents and Conditions of Permit: The permit shall contain the following information: 1. Permitee's name, telephone number, and address. 2. Time, date and place of the permitted activity. 3. The permitee's mobile vending location. 4. Such other information that the City Manager or designee finds necessary for the enforcement of this Chapter. C. Appeals Ordinance No. Page 10 Any party aggrieved by the City Manager's or designee's decision to grant or deny a mobile vending permit may appeal the determination to the City Council if, within five (5) working days after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later than its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code. Upon such hearing, the City Council may, based upon the standards enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's decision. The City Council's decision is the final decision. D. The sale, transfer, or assignment of a mobile vending permit is expressly prohibited. E. Revocation of Permit. The City Manager or designee, or City Council if issued following an appeal, may revoke a mobile vending permit if: 1. It is determined by the Chief of Police or the Fire Chief that, by reason of disaster, public calamity, riot or other emergency, the public safety requires such revocation. 2.The permitee has misstated any material fact in the application. 3. There is a substantial and material variance between the information in the application and the actual facts or those facts which appear reasonably to have occurred. 4.The permitee is operating a mobile vending cart in violation of the terms of the permit. 5.The permitee's insurance has been cancelled. 6.The permittee violates any administrative rules. A permittee may appeal the revocation in the same manner as appealing the issuance or denial of a permit. F. Fees. Fees for mobile vending permits shall be set by resolution of City Council. G. Administrative Rules. The City Manager is authorized to establish administrative rules not inconsistent with any ordinance to carry out the provisions of this Chapter. A copy of said rules shall be on file with the City Clerk. Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills" is hereby amended by changing the title of chapter 4 from "Posting Bills" to "Posting Handbills." Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills," Section 1, entitled "Definitions," is hereby amended by adding the following new definitions: COMMERCIAL HANDBILL: Any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature: (1) which advertises for sale any merchandise, product, commodity, or thing (2) which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interests thereof by sales; (3) which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, or (4) which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor. NONCOMMERCIAL HANDBILL: Any printed or written matter that is not a newspaper. PERSON: Any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other legal entity. Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills," Section 1, entitled "Definitions," is hereby amended by deleting the definition of "billposters and distributors" in its entirety. Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills," Section 2, entitled "Manner of Distribution Generally; Unlawful Distributions of Public Ways," is hereby amended by deleting Section 2 in its entirety and substituting in its place the following: Distribution of commercial handbills and noncommemial handbills shall be made in such a manner so as not to create a public nuisance. Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills," is hereby amended by adding as new Section 3, entitled "Posting of Handbill Prohibited," as follows: In the right-of-way or on public land, no person shall post, stick, stamp, paint or otherwise affix, or cause the same to be done by any person, any commercial handbill or noncommercial handbill calculated to attract the attention of the public, upon any right-of-way or any lamp post, electric light, telephone pole, bulletin board of a kiosk, railway structure, hydrant, tree or tree-box, or upon Ordinance No. Page 11 the columns, trusses, girders, railings, gates or other public part of any public bridge or viaduct, or other public structure or building, or upon any pole, box or fixture of the fire alarm except as may be authorized or required by law. Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills," Section 3, entitled "Billboard Maintenance Requirements" and Section 4, entitled "Penalties", are hereby amended by renumbering Section 3 as Section 4 and renumbering Section 4 as Sectio0 5 respectively. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 1, entitled "Purpose and Intent," is hereby amended by adding new Subsections E and F as follows: E. Supporting economic activity by allowing vendors to sell their goods in City Plaza. F. Ensuring safe movement of pedestrians in City Plaza. Title 10, entitled "Use of Public Ways and Prepedy," Chapter 5, entitled "City Plaza," Section 2, entitled "Definitions," is hereby amended by adding the following new definitions: AMBULATORY VENDOR PERMIT: Written authorization by the City for use of public property, including public right of way, by an ambulatory vendor as provided in this Chapter. APPLICANT: A person who applies for a permit as provided in this Chapter. ARTS AND CRAFTS: An item that is assembled, created, made, or produced in final form for sale or display by an individual and not by machine. ARTS AND CRAFTS VENDOR: A person selling or displaying arts and crafts in Zones 1, 2, and 3. MOBILE VENDOR PERMIT: Written authorization by the City for use of public property, including public right of way, by a mobile vendor as provided in Chapter 3. NBNSPAPER: Any newspaper of general circulation as defined by general law, any newspaper duly entered with the U.S. Postal Service, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law. And, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public. PERSON: Any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other legal entity. PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, cartway, bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and dedicated to public use, including City Plaza. ZONE 1: The ten-foot (10') strip directly abutting the private property lines in City Plaza. Zone 1 extends the length of the City Plaza along all sides of the Plaza. Zone 1 is illustrated on the City Plaza Map that is kept on file in the office of the City Clerk, which can be amended, from time to time, by resolution of the City Council. ZONE 2: The six-foot (6') pedestrian lanes in the City Plaza adjoining Zone 1 on each side, the landscaped areas, the areas with street furniture and features and other areas as specified on the City Plaza Map. Zone 2 is illustrated on the City Plaza Map that is kept on file in the office of the City Clerk, which can be amended, from time to time, by resolution of the City Council. ZONE 3: The emergency/service lane in City Plaza. Zone 3 is illustrated on the City Plaza Map that is kept on file in the office of the City Clerk, which can be amended, from time to time, by resolution ef the City Council. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 2, entitled "Definitions," is hereby amended by deleting the definitions of "ambulatory vendor" and "kiosk" and by substituting in their place the following new definitions: AMBULATORY VENDOR: A person selling goods or services while moving through Zones 1, 2 and 3 and operating without the use of a mobile vending cart and with a minimum of equipment such as a person selling balloons and a portrait artist. KIOSK: A small, public-owned structure that is stationary and that contains newspaper vending units. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 2, entitled "Definitions," is hereby amended by deleting the definitions of "mobile vending cart" and "mobile vendor" in their entirety. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 3, entitled "Description of Mall Zones," is hereby amended by deleting Section 3 in its entirety. Ordinance No. Page 12 Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 4, entitled "Bicycle and Nonmotorized Vehicle Restrictions," is hereby amended by deleting Section 4 in its entirety and by substituting the following new section in its place and renumbering it Section 3: A. Bicycles. No person shall ride a bicycle within the city plaza; no bicycles shall be left unattended within city plaza unless located in a bicycle rack; no bicycle shall be locked or affixed to any post or structure other than a bicycle rack. B. Nonmotorized Vehicles. No person shall travel upon or operated a nonmotorized vehicle within the city plaza, except for a persons with disabilities using a vehicle designed for use by person with disabilities. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 5, entitled "Motor Vehicle Regulations," is hereby amended by deleting Section 5 in its entirety and by substituting the following new section in its place and renumbering it Section 4: No person shall operate a motor vehicle, except emergency vehicles, within the limits of city plaza without authorization issued by the city manager or designee: A. Any business located on property which does not otherwise abut a public right of way other than city plaza may be granted continuous motor vehicle authorization upon a showing that such is necessary to provide for the delivery of goods to or from the business. Such authorization shall allow the vehicle within the city plaza only during active loading and unloading. B. Any person may be granted such authorization upon a showing that the placement or operation of a motor vehicle upon city plaza for a specified, limited period of time is necessary for delivery or other legitimate purpose. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 6, entitled "Removal of Snow and Ice Accumulations from Building Runoff," is hereby amended by deleting Section 6 in its entirety and by substituting the following new section in its place and renumbedng it Section 5: Removal of eccumuiations of snow and/or ice in Zone I of city plaza resulting from building runoff shall be the responsibility of the adjoining property owner. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 7, entitled "Animals Restricted," is hereby amended by deleting Section 7 in its entirety and by substituting the following new section in its place and renumbering it Section 6: No person shall take, accompany or allow any animal into city plaza except as permitted in Title 8, Chapter 4, Section 12 of the Code. This provision shall not apply to an animal trained to assist persons with disabilities or an animal that is securely confined within an animal carrier, kennel, cage, or crate and does not create a public nuisance. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 8, entitled "Use of City Plaza," is hereby amended by deleting Section 8 in its entirety and by substituting the following new section in its place and renumbering it Section 7: A. Private Uses Authorized in Each Zone 1. Zone 1: a. Ambulatory Vendor Permits, Arts and Crafts Vendor Permits, Sidewalk Caf~ Permits, Parade/Public Assembly Permits. b. Building extensions where, in the sole judgment of the city council, such extensions enhance the quality of city plaza. c. Landscaping with the permission of the City Manager or designee. d. Display window extensions with the permission of the City Manager or designee e. Building front and/or basement extensions, provided the use of the extension is the same as the store activity with the permission of the City Manager or designee. 2. Zone 2: a. Permits issued under either this chapter or Chapter 1. b. Landscaping with the permission of the City Manager or designee. c. Newspaper racks. 3. Zone 3: a. Ambulatory Vendor Permits. B. Modification Of Plaza Landscaping: City Plaza landscaping may be modified or. removed to a limited extent if the net effect enhances the ambience of the City Plaza and if approved by the City Manager or designee. In such cases, the person must agree to restore the City Plaza landscaping to its original condition and provide a bond or escrow account in an amount determined by the City Manager or designee. Ordinance No. Page 13 C. Days and Hours of Operation: Buildings extended onto the City Plaza are to be open at least during normal retail business hours, Monday through Saturday, throughout the year. Mobile vendors shall operate during the times proscribed in this chapter. D. The City Manager or designee may: 1. Require a reasonabte amount of insurance coverage for any use in the City Plaza not inconsistent with other provisions of this Title to minimize the risk of harm to persons and property when the activity or event being sponsored on City Plaza creates a higher than usual risk of City or public liability exposure due to the nature of the activity or event or due to the expected number of participants or spectators as determined by the City's Risk Manager; 2. Waive the insurance requirements for events or activities sponsored by the agencies of the State, the University of Iowa or other governmental subdivisions, provided such entities enter into an agreement satisfactory [o the City Attorney to protect and hold harmless the City, its officers, agents and employees from and against all claims, lawsuits, damages, losses and expenses in any manner resulting from or arising out of the activity or event covered by the permit or to accept full responsibility for safe activity or event and to defend the City, its officers, agents and employees with regard thereto. E. Newspaper Vending Units in Kiosks: 1. Newspapers may utilize the newspaper vending units in the kiosks. 2. Upon the filing of an application by a newspaper with the City Manager or designee and upon payment of an annual administrative fee, payable April 1 of each year and set by City Council resolution, the City shall make available one unit in a kiosk. Each newspaper may utilize only one unit unless the number of applications does not exceed the available kiosk units. 3. If the number of applications exceeds the available kiosk units, the City will handle the applications on a lottery basis, to be conducted by the City Manager or designee prior to April I of each year. After completion of the lottery, if needed, the City Manager or designee shall provide written notice of the lottery results to the requesting newspapers. The selected newspapers shall pay the annual administrative fee to the City Manager or designee. 4. The newspaper which pays the administrative fee and is assigned a space may not affix a logo or sign to its assigned unit. 5. Nothing in this subsection shall be construed to limit or interfere with alternative methods of distribution available to newspapers throughout the city, as permitted by federal law. F. Placement of Noncommercial and Commercial Objects. 1. No person shall place any free-standing noncommercial object in City Plaza without authorization issued by the City Manager or designee. 2. To obtain authorization, the person shall inform the City Manager or designee of the proposed duration of the placement, the proposed location of the object, and the physical dimensions of the object. 3. Upon receipt of such information, the City Manager or designee shall promptly authorize the display for a maximum of thirty (30) days in any one-year period, unless the City Manager or designee finds that said object will impede the flow of pedestrian traffic at the proposed location. If the City Manager or designee finds that said object will impede the flow of pedestrian traffic at the proposed location, then the City Manager or designee shall deny the authorization in writing. 4. Any party aggrieved by the City Manager's or designee's decision to grant or deny such authorization may appeal the determination to the City Council if, within five (5) working days after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later than its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code. Upon such hearing, the City Council may, based upon the standards enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's decision. The City Council's decision is the final decision. 5.No person shall place any free-standing commercial object in City Plaza. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 9, entitled "City Use Permits," is hereby amended by deleting Section 9 in its entirety, by substituting the following new section in its place, renumbering it Section 8, and by entitling new Section 8 as "Uses of City Plaza": A. Mobile Vendors: The requirements for mobite vendors in City Plaza are identical to those for mobile vendors as provided in Title10, Chapter 3, Section 5 of the Code. Ordinance No. Page 14 B. Ambulatory Vendors: 1. Application for Permit a. Filing Application. (1) An application for a ambulatory vendor permit shall be flied with the City Manager or designee by any person or group of persons desiring to use the public right of way as provided in this Chapter. If the applicant is not a natural person, the applicant shall identify a natural person who has authority to act for the applicant with regard to the ambulatory vending operation. (2) All applications must be received at least five (5) working days by before the proposed start of operations. (3) Applications shall be made on forms prepared by the City Manager or designee. b. Application Form The application form shall contain the following information: (1) Name, address, and telephone number of the applicant. (2) An acknowledgment to be signed by a natural person that he or she has the authority to act on behalf of the ambulatory vending operation. (3) List of past permits issued. (4) Product to be sold. (5) Hours of operation. (6) Months of operation. (6) An agreement in which the applicant shall agree to: pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind resulting from use of public property and the public right of way, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of public property and the public right of way. (7) Acknowledgment that the applicant has contacted the Johnson County Health Department and has reviewed health code requirements. (8) Fee. (9) Insurance is required in a reasonable amount necessary to minimize risk of harm to persons or property based on the nature and size of the event, as determined by the City's Risk Manager. The insurance requirement may be waived if applicant demonstrates inability to obtain insurance or to pay the cost of insurance. (10) Any other information that the City Manager or designee finds necessary. 2. Issuance or Denial of Permit Standards. The City Manager or designee shall grant or deny the application for the ambulatory vendor permit within a reasonable time, which shall be mailed by ordinary mail or personally delivered to the applicant and stating the reasons therefore no later than sixty (60) working days of the application being filed. The length of time which is reasonable shall be determined by the type of use requested, the information supplied, the time the application is filed, and the extent of advance preparation and planning demonstrated and reasonably required. The City Manager or designee shall issue an ambulatory vendor permit if the following conditions have been or will be met. a. The application is received at [east five (5) working days before the proposed start of operations. b. The applicant will operate without the use of a mobile vending cart and with a minimum of equipment. c. The applicant's proposed mode of operation will not impede the free flow of pedestrian traffic along the city plaza right of way, nor shall it interfere with such pedestrian movement into or out of retail establishments fronting on the plaza. d. The applicant will conduct the vending completely within the boundaries of city plaza. e. The applicant has obtained all necessary permits required by the county department of health. f. All applicable fees have been paid in full. g. The application is fully completed and executed. h. The indemnification agreement has been signed. i. A certificate of insurance showing compliance with this section has been provided. Ordinance No. Page 15 j. The application contains no material falsehood or misrepresentation. k. The applicant is legally competent to contract and to sue and be sued. I. The applicant has not damaged City property, and if the applicant has, the damage has been paid in full, and has paid all other outstanding and unpaid debts to the City. m. The applicant has complied with applicable laws concerning the sale or offering for sale of any goods or services. p. Such other information that the City Manager or designee finds necessary for the enforcement of this Chapter. Contents and Conditions of Permit. The permit shall contain the following information: a. Name, telephone number, and address of permittee. b. Time, date and place of the permitted activity. c. Such other information that the City Manager or designee finds necessary for the enforcement of this ordinance. 3. Appeals Any party aggrieved by the City Manager's or designee's decision to issue or deny a permit under this Chapter may appeal the determination to the City Council if, within ten (10) working days after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later than at its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code. Upon such hearing, the City Council may, based upon the standards enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's decision. The City Council's decision is the final decision. 4. The sale, transfer, or assignment of an ambulatory vendor permit for city plaza is expressly prohibited 5. Revocation of Permit. The City Manager or designee, or City Council if issued following an appeal, is authorized to revoke an ambulatory vendor permit issued under this Chapter whenever: a. The permit has failed to comply with any provisions of this Chapter b. The permitted activity creates an obstruction to pedestrian use of the City Plaza or a nuisance or violates of any statute, law, rule or regulation involving the permitted event c. It is necessary to protect health or safety as determined by the Police Chief or designee or Fire Chief or designee d. The permitee has misstated any material fact in the application e. There is a substantial and material variance between the information in the application and the actual facts or those facts which appear reasonably to have occurred f. The permitee is operating in violation of the terms and conditions of the permit or g. The permitee's insurance has been cancelled. A permittee may appeal the revocation in the same manner as appealing the issuance or denial of a permit. 6. Fees. Fees for ambulatory vendor permits shall be set by resolution of the City Council. C. Permanent And Temporary Structures: The City Manager or designee, upon approval of city council, may enter into an agreement for the sale or lease of public right of way in the city plaza for the construction of an addition to an existing store front or for the temporary or seasonal use of zone 1 by the owner or operator of abutting property. Said lease or sale shall only be entered into after careful consideration and assurance that the following conditions have been or will be met: 1. Building Design: a. Additions to buildings shall be harmonious in scale and design with permanent neighboring structures and with the City Plaza. b. Materials shall be suitable for the style and design of buildings in which they are used. c. Materials which are architecturally harmonious shall be used for all building walls and other exterior building components wholly or partly visible from public ways. d. Selection of materials shall be guided by the following: (1) Harmony with adjoining buildings. (2) Relationship to the brick and wood theme of City Plaza. (3) Materials shall be of durable quality. Ordinance No. Page 16 e. Building components, such as windows, doors, eaves and parapets, shall have good proportions and relationship to one another. f. Colors shall be selected for their harmony and/or ability to complement the color scheme of the City Plaza. g. Mechanical equipment or other utility hardware on roof, ground or buildings shall be screened from public view with materials harmonious with the building or shall be located so as not to be visible from any public ways. h. Exterior lighting shall be part of the architectural concept. Fixtures, standards and all exposed accessories shall be harmonious with building design. 2. Signs: a. All signs shall be part of the architectural concept. Size, color, lettering, location and arrangement shall be harmonious with the building design and shall be compatible with signs on adjoining buildings. b. Materials used in signs shall have good architectural character and be harmonious with building design and the materials used in the City Plaza. c. Every sign shall express, in scale and in proportion, an appropriate visual relationship to buildings and surroundings. d. Colors shall be used harmoniously and with restraint. Excessive brightness and brilliant colors shall be avoided. Lighting shall be harmonious with the design. If external spot lighting is used, it shall be arranged so that the light source is shielded from view. 3. Additional Criteria: a. The Design Review Committee may, from time to time, formulate additional design criteria for the review of proposed construction pursuant to this Chapter. Such criteria shall become effective when adopted by the City Council by resolution. b. No building permit for the construction of any temporary structure or any building extension to be constructed pursuant to this Chapter shall be issued until plans for said construction have been reviewed by the Design Review Committee and approved by the City Council. The Design Review Committee shall, within thirty (30) calendar days of receipt of said plans, review the plans and advise approval, approval with conditions or disapproval in a written report forwarded to the City Council and the applicant. City Council approval of the plans shall require a majority of votes cast at any meeting at which a quorum is present. 4. Illumination: Nighttime interior illumination of all building fronts and basement extensions, display window extensions and basement stairwells is required during hours of operation. 5. Construction Costs: All costs of construction are to be paid by the permittee, including costs of damage or repair to the City Plaza caused by the construction. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 10, entitled "Permit Application Procedures," is hereby amended by deleting Section 10 in its entirety and substituting in its place the following new Section 10 entitled "Penalties": Any violation of this Chapter shall be considered a simple misdemeanor or municipal infraction as provided for in Title 1, Chapter 4 of this Code. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," is hereby amended by adding a new Section 9, entitled "Administrative Rules" as follows: The City Manager is authorized to establish administrative rules not inconsistent with any ordinance to carry out the provisions of this Chapter. A copy of said rules shall be on file with the City Clerk. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 11, entitled "Fees," is hereby amended by deleting Section 11 in its entirety. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 12, entitled "Termination and Revocation of Permits and Leases," is hereby amended by deleting Section 12 in its entirety. Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 1, entitled "Definitions," is hereby amended by adding the following new definitions: APPLICANT: A person who applies for permit as authorized in this chapter. PERSON: Any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other legal entity. Ordinance No. Page 17 PARK FACILITY: A baseball field, softball field, soccer field, tennis court, secured shelter, or unsecured shelter in a park or Riverside Festival Stage. PUBLIC ASSEMBLY Any meeting, demonstration, picket line, rally or gathering of more than twenty-five (25) persons for a common purpose as a result of prior planning that interferes with the normal flow or regulation of pedestrian or vehicular traffic on the public right of way or in a park or occupies any area in the public right of way or in a park. PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane, alley, and pubtic sidewalk which is designed for vehicular, bicycle or pedestrian travel and dedicated to public use. SPONSORING AGENCY: Any organization or group, regardless of whether it is legally constituted, and including but not limited to corporations and partnerships, on whose behalf a natural person individual makes application for a park permit. TRAIL: A way or place, the use of which is controlled by the City as owner of the real property, used for persons walking, jogging, skateboarding, in line skating, or bicycling or motorized devices designed for and used by persons with disabilities. Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 1, entitled "Definitions," is hereby amended by deleting the definitions of "parade" and "park, public park" and substituting the following new definitions: PARADE: A march or procession of more than twenty-five (25) persons, vehicles or other forms of transportation, such as bicycles, or any combination thereof, in or upon the public right of way or in a park that necessitates or results in the exclusion, in whole or in part, of use of the public right of way, including a park by others Funeral processions shall not be deemed to be included in this definition and shall not be considered a parade. PARK, PUBLIC PARK: Any park or playground owned or controlled by the City, including streets, trails, and roadways therein. Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 1, entitled "Definitions," is hereby amended by deleting the definition of "public entertainment" in its entirety. Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 2, entitled "Prohibited Actions in Parks and Playgrounds," is hereby amended by deleting Section 2 in its entirety and substituting in its place the following: In any park no person shall: A. Damage To Property, Animals, Trees And Plant Materials: 1. Pick or destroy any plant materials or walk or run upon any flower beds. 2. Break or tear any limbs or branches from any tree. 3. Throw objects or missiles at any animal or bird or molest any animal or bird in any way. 4. Tear down, mutilate, destroy or carry away any sign constructed under the authority of the City Council or the Parks and Recreation Department. 5. Tear down, mutilate, destroy or burn any building, shelter equipment, picnic table, grill, or any personal property owned by the City B. Motor Vehicles And Traffic: 1. Park any vehicle in any area where parking is prohibited by posted signs. 2. Drive any vehicle within any park, except upon the designated streets, driveways and parking areas of such parks, except motorized devices designed for and used by persons with disabilities. 3. Drive any vehicle within any park at a speed in excess of fifteen (15) miles per hour, unless otherwise posted. 4.Drive any vehicle in the wrong direction upon any one-way street within a park. C. Weapons: Carry firearms or weapons into any park. D. Animals: 1. Bring, cause or permit any pet to enter into any park unless such animal is on a leash or confined either a vehicle or in a cage, kennel, crate, or carrier. 2. Ride any horse in any park except upon streets and trails, and then only if the horse-rider provides for the immediate disposal of solid waste material excreted by any animal. 3. This provision shall not apply to an animal trained to assist persons with disabilities or to a person issued a permit as authorized in section 8-4-12. E. Fires: Build or aid and abet the building of any fire in any park, except in stoves or fireplaces designated for such purposes. Ordinance No. Page 18 F. Alcoholic Beverages. Possess or consume any beer or alcoholic beverages in any park. G. Practice Golf: Practice golf in any park. H. Unauthorized Use Of Buildings: Occupy any shelter or building or recreation area which has been reserved by others through the provisions of this Chapter or install any unauthorized reserved sign in any shelter, building or recreation area. I. Hours: 1. Except as provided for specified parks herein, occupy any park, whether on foot or in a vehicle, or permit any vehicle to remain parked in any park between the hours of ten thidy o'clock (10:30) P.M. and six o'clock (6:00) A.M. unless granted special authorization by the City. 2. From April 15 to October 31, the hours shall be from eleven o'clock (11:00) P.M. to six o'clock (6:00) A.M. in City Park and Mercer Park. 3. Occupy, whether on foot or in a vehicle, or permit any vehicle to remain parked from dusk to dawn at the following parks: Waterworks Prairie Park, Peninsula Park, Hickory Hill Park, and Ryerson's Woods Park. Dusk means thirty (30) minutes after the time designated each calendar day as "sunset" and dawn means thirty (30) minutes before the time designated each calendar day as "sunrise" by the United States Naval Observatory for Iowa City, Johnson County, Iowa. Said designations can be accessed via the internet at <http://aa.usno.navy.mil>. J. Bicycles And Nonmotorized Vehicles: 1. No person shall travel upon or operate a bicycle or nonmotorized vehicle within Chauncey Swan Park 2. Persons may travel upon or operate bicycles and nonmotorized vehicles in all other City parks except where posted as prohibited, and only to the extent the nonmotorized vehicles are used in a safe manner so as not to injure persons or property. 3. This provision shall not apply to a person with disabilities using a nonmotorized device designed for a person with disabilities. Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 3, entitled "Traffic and Parking Regulations," is hereby amended by deleting Section 3 in its entirety and substituting in its place the following: A. Duties Of Director: The Director is hereby authorized and directed to: 1) designate streets and drives for use within the parks; 2) designate parking areas for the parks; and 3) prohibit, regulate or limit stopping, standing or parking of vehicles on the streets, driveways and parking areas in the parks at all times or during specified hours. The Director shall also cause signs to be posted designating streets, drives and parking areas or prohibiting, regulating or limiting stopping, standing or parking in the parks. B. Vehicle Owner Prima Facie Responsible for Violations: If any vehicle is found stopped, standing or parked in any manner violative of the provisions of this Chapter and the identity of the operator cannot be determined, there is a rebuttable presumption that the owner is responsible for such violation. Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 4, entitled "Facility Permit," is hereby amended by deleting Section 4 in its entirety and substituting in its place the following: A. Permit Required: It shall be unlawful for any person or group of persons to use any park or the facilities of any park without complying with the requirements of Title 10 Chapter 1 including first having obtained a parade/public assembly permit if applicable. B. Secured Shelter: No person or sponsoring agency shall use a secured shelter without obtaining the authorization of the Director or designee. C. Park Facility: Any person or sponsoring agency may reserve a park facility by completing a filing an application with the Director on a form prepared by the Director. Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 5, entitled "Fees for Use of City Park and Recreation Areas and Facilities," Subsection B is hereby amended by deleting Subsection B in its entirety and substituting in its place the following: B. Reduction or Waiver of Fees: Notwithstanding the above, the Director is authorized to reduce or waive fees for use of park facilities or equipment for affiliate groups or organizations providing public recreational opportunities and which are under the sponsorship or co-sponsorship of the Parks and Recreation Department. Ordinance No. Page 19 Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," is hereby amended by adding a new Section 11, entitled "Farmers Market," as follows: 10-11-1: DEFINITIONS: As used in this Chapter, the following definitions shall apply: DIRECTOR: The Director of City Parks and Recreation Department. FARMERS MARKET: An open-air market sponsored by the City in the Chauncey Swan parking ramp that is intended to provide an opportunity for individuals to sell permitted items that are grown or produced by them, which conform to all applicable city, county, and state health and safety provisions, including state department of agriculture regulations. FARMERS MARKET VENDOR: Person who is authorized under this chapter to occupy a stall and to sell items in the Farmers Market. PERSON: A natural person. SEASON VENDOR: A Farmers Market Vendor who is authorized by the City to occupy a stall for the entire season. STALL: A space designated by the Director in the Farmers Market that a Farmers Market Vendor is authorized to occupy in order to sell items consistent with the provisions of this chapter. 10-11-2: REGISTRATION A. Authorization Required. No person shall sell or offer for sale any item at the Farmers Market without authorization from the Director or designee. B. Obtaining Authorization. In order to receive authorization, a person shall register with the Director at least one (1) day in advance of the market date on a form prepared by the Director. C. Registration Form. The registration form shall contain the following information: 1. Name, address, and telephone number of the Farmers Market Vendor. 2. Agreement to indemnify the City. 10-11-3: STANDARDS FOR GRANTING OR DENYING AUTHORIZATION The Director or designee shall examine the registration form and shall grant authorization if the following conditions are met: A. All applicable fees have been paid. B. A stall is available. C. The person has not had his or her Farmers Market authorization revoked in the last year. D. If there are not sufficient stalls for all persons who apply for a stall, a Season Vendor from the previous calendar year shall have priority over a person who was not a Season Vendor from the previous calendar year. 10-11-4: APPEALS A. Any party aggrieved by the decision of the Director to grant or deny authorization under this Section may appeal within ten (10) calendar days of the date of the decision by filing a written notice of appeal with the City Manager B. The hearing shall be before the City Manager, who may reverse, affirm or modify, in any regard, the determination of the Director based upon the standards enumerated herein. The City Manager's decision is the final decision of the City. 10-11-5: REVOCATION OF AUTHORIZATION A. Authorization may be revoked by the Director if: 1. The Farmers Market Vendor has misstated in any way material facts on the registration form 2. There is a material variance between the information on the registration form and the facts reasonably ascertained by the Director, 3. When, by reason of disaster,, public calamity, riot or other emergency, as determined by the Director, City Manager, Fire Chief, or Chief of Police, that the safety of the public requires such revocation. 4. The Farmers Market Vendor is operating in violation of the terms and conditions of the authorization. B. A person may appeal a revocation of authorization in the same manner as appealing the denial of authorization as provided in this chapter. 10-11-5: ADMINISTRATIVE RULES The Director is authorized to establish administrative rules. A copy of said rules shall be on file with the City Clerk. 10-11-6: FEES Fees for authorization of a Farmers Market Vendor shall be established by resolution of the City Council. Ordinance No. Page 20 10-11-7: PENALTIES Any violation of this Chapter shall be considered a simple misdemeanor or municipal infraction as provided for in Title 1, Chapter 4 of this Code. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. 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 ., 2004. MAYOR Alq-EST: CITY CLERK Approv~___by City Attorney's Office sue/OrdRes/PUPL Ord.doc 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: Bailey Champion Elliott Lehman . O'Donnell Vanderhoef Wilburn First Consideration 2/3/04 Voteforpassage:AYES: Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott. NAYS: None. ABSENT: NOne. Second Consideration Vote for passage: Date published De Le6n & Nestor Attorneys at Law 529 S. 7~ Street, Suite 636 Bruce D. Nestor* Sexton Buildmg Susana De Le6n Minneapolis, M~ 55415 (612) 659-9019 *Licensed in Minnesota and Iowa Facsimile (612) 28849546 bdnostor~visi, com January 28, 2004 Susan Dulek, Assistant City Attorney City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Dear Susan: I am writing you on behalf of a number of citizens of Iowa City regarding the proposed Ordinance amending Title 10 of the City Code with respect to "Use of Public Ways and Property." Based on my review of the proposed ordinance, my clients have a number of concerns about the manner in which the Ordinance purports to regulate expressive activity. The proposed Ordinance asserts in the "Whereas" clauses that regulation of parades and public assemblies is necessary due to competing uses of public rights of way and to ensure the safe movement of pedestrians. I question whether these are merely pro forma statements lifted from court opinions, or whether the City can actually point to any empirical data or public complaints which support these contentions. I would be interested in reviewing any historical material which indicates such a need for this Ordinance or documents previous problems with the use of public rights of way and safe movement of pedestrians which would be cured by this ordinance. The proposed Ordinance explicitly excludes from its regulation funeral processions, groups affiliated with the City, and students participating in educational activities. It appears, for instance, that the Iowa City Kickers could hold a parade on a city street without requesting a specific permit. These exemptions appear to be purely content driven or to favor paiticular groups. I would be interested in reviewing any factual information supporting these exemptions, or tending to show, for instance, that an unscheduled funeral procession poses any less of a concern with respect to a competing use of the streets or safe movement of pedestrians. I also wonder whether a march sponsored by an officially recognized University of Iowa student organization, and supervised by the "proper authorities" of those groups, would fall within the exemption if it was for a stated educational purpose. The proposed Ordinance does make an effort to allow for "spontaneous" demonstrations without a permit, which is admirable. However, the exemption does not go far enough. For instance, when the Federal govemment is planning' for a war, groups in Iowa City have a history of calling for a demonstration and/or march at 12:00 noon the day following the outbreak of hostilities. In such a case, neither at least three days notice nor 24 hour notice of the exact date and time would be possible. I believe this exemption for "spontaneous" demonstrations must be made more flexible and clearly allow for expressive activity responding to urgent local, national and international developments. The proposed Ordinance states that the Application form requires a signature from a "natural person" having authority over the event. While a person or organization may sponsor an event, and make a good faith effort to regulate it, that does not necessarily mean they full "authority over the parade or public assembly." Such a requirement may have a chilling effect and dissuade people from sponsoring events if they feel it means they must assume full personal authority for any action that occurs related to the event. It would be more appropriate to only require that an applicant be a sponsor of the event, or has "authority" over the call and promotion of the event. The proposed Ordinance requires that the application list all entertainers and speakers and allows the City Manager to request any other information she deems necessary. Neither of these requirements appear to be related to regulation of competing uses of the streets or of pedestrian traffic. I doubt that the City Manager's office possesses any particular expertise in evaluating crowd size or behavior based on the identify of proposed speakers and entertainers. Both requirements create the potential for viewpoint discrimination, as well as for the accumulation of information by government officials which could be used for intelligence or surveillance of protected expressive activity. The most objectionable part of the proposed Ordinance is the requirement that an indemnification agreement be signed. The proposed language makes it appear that the applicant would be financially liable even for intentional torts caused by the City as well as for any negligence of the City which led to an injury from the use of public property by the event. For instance, if the City left all the manhole covers offthe sewers, and a person was injured during the event, the proposed language would appear to make the applicant responsible for indemnifying the City. If the City engaged in unconstitutional police repression of a march or demonstration, it appears that the applicant would have to indemnify the City for any damages awarded as a result of such actions. The standards for issuance of the permit are also objectionable. For instance, the requirement that an applicant has paid "all other outstanding and unpaid debts to the City" would make a person with an outstanding sewer bill or parking ticket, ineligible for a permit. That requirement does not appear to be reasonably related to the expressed purpose of the ordinance. The requirement that additional police protection be secured prior to approval of the permit is also unreasonable. A new business in Iowa City, for instance, imposes a need for more police protection with the City overall, yet businesses are allowed to open without first demonstrating that they will secure and fund that additional protection. Further, the ordinance requires that the applicant secure the police protection "at the sole expense of the applicant." Under such a requirement, the marchers in Selma, Alabama, during the 1960s could have been held financially responsible for the cost of protecting themselves from the KKK, or been denied permission to march. Similarly, when the City of Miami spent millions to repress the recent protests against the FTAA, the City could take a position under such an ordinance that the protesters must reimburse the City for the costs of such security/repression. The duty to provide for public safety is a duty of the City. That includes the duty to provide public safety and security for citizens engaging in expressive activity. Other than for commercial or for-profit activity, it is unreasonable to require persons exercising their First Amendment rights to pay for "police or security protection." We do not have a "pay as you go" system with respect to any other entity requiring police protection 2 and the City should not impose such a requirement on those engaging in non-commemial parades and demonstrations. In a broader sense, the Ordinance is objectionable to the degree that it makes it more difficult and bureaucratic in general to obtain a permit to engage in public, expressive activity. We live in times where the fear of greater governmental repression and restriction of civil liberties is a real fear. We live in times that have seen a resurgence spying by federal, state and municipal police departments on persons and groups engaged in lawful, peaceful political activity, as well as a resurgence in law enforcement infiltration and disruption of such activity. Instead of erecting additional barriers to the exercise of expressive activity, the City should be expressly encouraging citizens to exercise their fights and making clear that the exercise of such rights is supported by the City as activity necessary for a healthy, democratic form of government. Reasonable time, place and manner restrictions may be necessary, and reasonable permitting requirements are not objectionable. However, the process should be as streamlined and simple as possible, both in the time it takes to complete the process as well as with respect to the ability to understand the regulations at issue. It certainly should not be any more difficult to engage in a public demonstration that it is to hold a funeral procession. This ordinance instead increases the burden on average citizens, appears to create enormous potential financial obligations for any person wishing to sponsor an event, and generally makes it appear that public, expressive and political activity is a disfavored use of the public right of way, unless and until it can be established that it will only create a minimal interference with "normal" activity. I would hope that in a democracy, marches, demonstrations, and other activity designed to influence government and "petition for a redress of grievances" would be considered normal and beneficial activity, and not disfavored activity which is only allowed if the sponsors can establish that such activity will not interfere with "convenience and tranquility" or other uses of the public right of way. I hope the staff of the City Attorney's office and the Iowa City Council will take these comments into consideration as it reviews this matter. I would ask that you please distribute this letter to members of the Iowa City Council for their consideration. Sincerely, Bruce D. Nestor Attorney at Law 3 City of Iowa City MEMORANDUM TO: City Council FROM: Susan Dulek, Ass't. City Attorney~' DATE: January 28, 2004 RE: Proposed Amendments to Code Provisions on the Private Use of Public Land and the First Amendment Introduction This is a follow-up to my Memorandum to you dated January 14, 2004 that outlined the major changes being proposed on the private use of public land. You had requested additional information on the relationship between the First Amendment and the proposed ordinance. As I will describe below, many of the changes are designed to assure citizens' their rights of freedom of speech, freedom of assembly, freedom of association, and freedom of religion. Before proceeding, I want to speak briefly about some changes in definitions. The proposed ordinance calls for only one type of permit for large gatherings of people regardless of whether that gathering occurs on the streets, in City Plaza, or in the parks. The permit is called a "parade/public assembly permit." There is, for example, no "park permit"; it is a "parade/public assembly permit" issued for use of a park. The primary distinction between "parades" and "public assemblies" is that people are moving in the former and stationery in the latter. Also, the proposed ordinance just uses the term "picketing," but it includes protesting and demonstrating. Free speech constraints in public forums can broadly be summarized as follows: a) the regulation cannot be based on the content of the speech; b) the discretion of the government entity in regulating should be limited; c) the regulation must be a time, place, or manner restriction; and d) the regulation must be narrowly tailored to achieve the governmental interest and it must be the least restrictive means to achieve that interest. For ease of reference, I have included citations to page numbers in the redlined version of the current code that was distributed in the January 15 packet. Discussion of Current Code, Proposed Changes, and First Amendment Concerns PARADES/PUBLIC ASSEMBILIES - MINIMUM NUMBER OF PEOPLE Current Code. The definition of "parade" in Section 1-1-1 (pages 1 and 2) does not include a minimum number of persons necessary to comprise a group before a parade permit is required Consequently, a group of three (3) people, for examplel is required to get a parade permit. First Amendment Concerns. In Douglas v. Brownell, 88 F.3d. 1511 (8th Cir. 1996), the Eighth Circuit Coud of Appeals suggests that a minimum number of ten (10) people would not pass constitutional muster because it is not narrowly tailored to the governmental interest of safety and convenience of others using the sidewalks and streets. January 28,2004 Page 2 Proposed Amendment. The ordinance requires that a group of people need not apply for a parade/public assembly permit unless there are more than 25 people wishing to use the streets or City Plaza or more than 100 people in a park. PARADES/PUBLIC ASSEMBLIES - TIME TO MAKE APPLICATION Current Code. Section 10-1-3A (page 3) presently provides that a person must apply for a permit 10 days before the scheduled event. First Amendment Concerns. Douqlas v. Brownell suggests that a 5-day requirement is too long and may violate the First Amendment because it "restricts a substantial amount of speech...." Id~ at 1524. Proposed Amendment. Under the proposed ordinance, a person must apply for a parade/public assembly permit only 3 days in advance. Furthermore, there is an exception for "spontaneous events" to assure that citizens can protest a breaking political or social event without obtaining a permit. INSURANCE Current Code. Presently, the amount of insurance required is left to the City staff. See sections 10-1-4B2d (parades - page 8), 10-5-8E (City Plaza - page 34), and 10-9-4B4 (parks - page 51). Additionally, not every permit provision allows for the insurance requirement to be waived. First Amendment Concerns. The issue is whether insurance is a valid "time, place, and manner restriction." If a group either cannot obtain insurance at all or afford the premium, those persons' free speech rights may be curtailed. In a Second Circuit Court of Appeals case, the State required a group protesting the development of a highway to obtain insurance, and the group was unable to do so. The court stated that while the State had an interest in protecting itself from liability, the insurance requirement was not the least restrictive means to serve that interest. Further, even if insurance was constitutionally permissible, the court found that there was no basis for the amount of insurance that was required. Eastern Connecticut Citizens Action Group v. Powers, 723 F.2d 1050 (2nd Cir. 1983). Proposed Amendment. The proposed ordinance is designed to address the issues raised in Eastern Connecticut Citizens Action Group by having the amount of the insurance coverage determined by the City's risk manager based on the nature and size of the event and by allowing coverage to be waived if the group cannot either afford it or obtain it. GRANTING/DENYING PERMITS Current Code. The City is only required to consider certain standards in deciding whether to grant or deny January 28, 2004 Page 3 a permit, which affords a fair amount of discretion to City staff and hence increases the likelihood of constitutional violations. (e.g., Section 10-1-4A on page 5 for parades and Section 10-9-4A on page 6 for parks) First Amendment Concerns. A typical challenge to a denial of a permit is that the governmental entity has unbridled discretion by which to deny a permit to use public property and in so doing restrains free speech. Proposed Amendment. The revised process is designed to limit the government's discretion by requiring that the permit be granted if certain conditions are met. (E.g., Section 10-1-4 on pages 5-7) PICKETING - WHERE IT CAN OCCUR Current Code. Section 10-2-2 (page 11) currently does not allow picketing or demonstrating in parks. First Amendment Concerns. The courts do not treat parks differently than streets for purposes of the First Amendment. Proposed Ordinance. By allowing picketing and demonstrating in City parks, the ordinance does not distinguish parks from streets with one notable exception. Because, under the First Amendment, the ordinance must be narrowly tailored to the governmental interest (the inconvenience and safety of other citizens), the minimum number of participants before a permit is required in a park is 100 whereas it is 25 on the streets. PICKETING - DEFINITION The definition of "picket" in Section 10-2'-1 (page 10) is amended based on a Fargo Norht Dakota ordinance found to be constitutional n Venek ase v Cty of Far,qo, 248 F.3d 739 (8th Cir. 2001) and specifically excludes "social, random, and other everyday communication" based on the United States Supreme Court's opinion in Hill v. Colorado, 530 U.S. 703 (2000). PICKETING - FOCUSED RESIDENTIAL PICKETING Current Code. Section 10-2-3B (page 11) prohibits picketing "about a residence" that focuses solely on the residence. First Amendment Concerns. Picketing, protesting, and demonstrating is the "core of the First Amendment....", and anti- picketing provisions always raise First Amendment issues. Frisby v. Schultz, 487 U.S. 474, 479 (1988). Proposed Ordinance. Although picketing in front of and on either side of the residence is prohibited, picketing is allowed if the residence is also the "sole place of business" or if the picketers do not stop in January 28,2004 Page 4 front of the residence but rather continue to walk. Moreover, there is no violation until ordered by the police to disburse and the person fails to do so. The proposed language, consistent with the Eighth Circuit Court of Appeals' opinion in Dou,qlas v. Brownell, is very specific and quite limited with regard to the activity that is prohibited. It does, however, eliminate the requirement that the picketing focus "solely" on the targeted residence as this provision arguably makes the provision unenforceable and such a requirement is not constitutionally mandated. NON-COMMERCIAL OBJECTS IN CITY PLAZA Current Code. There is no current provision. First Amendment Concerns. Nearly every year a person requests to put an item, often a religious item, in City Plaza. City Plaza is a public forum, and the City cannot prevent a private party from placing a religious item there on a temporary basis. See, e.,q. Kreisner v. City of San Die,qo, 988 F.2d 883 (9~h Cir. 1993) and Chabad-Lubavitch of Georqia v. Miller, 5 F.3d 1383 (11th Cir. 1993). Proposed Ordinance. The City "shall" authorize placement of the item unless it impedes pedestrian traffic (new section 10-5-8F on page 37). This is designed for City to take a "hands-off" approach, in that as long as the item does impede pedestrian traffic, the person can place the item there for up to 30 days. NEWSPAPER VENDING MACHINES Current Code. Presently section 10-5-8J (page 36) provides that newspapers "must" use city vending machines and not their own. Proposed Ordinance. While the current code provision requiring newspapers to use the City vending machines is defensible, the City Council has chosen not to enforce the provisions, and rather, to allow newspaper vending machines to be placed in other places on City Plaza. Thus, it is proposed that the ordinance be revised to provide for that newspaper vendors "may" use the City kiosks, but are not required to do so. Conclusion I hope that this additional information is helpful to you as you consider the proposed ordinance. Copy to: Steve Atkins Marian Karr Dale Helling Eleanor M. Dilkes REVISED Prepared by: Bdan Boelk, Public Works, 410 E, Washington Street, Iowa City, IA 52240; 319-356-5141 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES"; AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES," ARTICLE A, "GENERAL PROVISIONS," SECTION 14-3A-2, "DEFINITIONS," AND SECTION 14-3A-4, "RATES AND CHARGES FOR CITY UTILITIES" AND; AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," TO CREATE A STORMWATER UTILITY AND ESTABLISH A STORMWATER UTILITY FEE. WHEREAS, the City of Iowa City, since its incorporation, has constructed a stormwater infrastructure with point source and non-point source discharges into the Iowa River and the six major creeks; and WHEREAS, the City stormwater infrastructure carries stormwater runoff either directly or indirectly from properties within the City to the Iowa River; and WHEREAS, the Iowa River, the major creeks, and the City's stormwater infrastructure are available for stormwater and ground water discharges; and WHEREAS, the City incurs costs to monitor, maintain, replace, and improve its stormwater infrastructure; and WHEREAS, the City is now required to have a national pollutant discharge elimination system (NPDES) permit to operate and maintain its stormwater infrastructure and to otherwise protect the waters of the Iowa River and the six major creeks; and WHEREAS, the City has identified an ongoing need to fund water quality improvements in streams, creeks, and ditches within the city as well as the need to fund improvements for maintaining and improving water quality and to mitigate and prevent flooding from stormwater runoff into City-owned storm sewers; and WHEREAS, current and pending Federal and State regulations require the City to take additional affirmative steps in such areas as public education, public improvements, detection of illicit discharge in stormwater systems, construction of site runoff control, stormwater management, and pollution prevention programs to address water quality issues and flood control, which additional activities will create additional funding 0obligations for such mandated services; and WHEREAS, pursuant to Chapter 388, Code of Iowa (2001), the City is authorized to establish City utilities including a stormwater drainage system utility; and WHEREAS, the City now desires through this ordinance to create a stormwater drainage system utility and establish authority to implement and enforce user fees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I AMENDMENT Title 3, Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties" is hereby amended by: a. Renumbering Section 3-4-8 to Section 3-4-9. b. Renumbering Section 3-4-7 to Section 3-4-8. c. Renumbering Section 3-4-6 to Section 3-4-7. d. Adding a new Section 3-4-6 as follows: 3-4-6: STORM WATER UTILITY FEE Description of Fees, Charge, Bond Fine or Penalty: Stormwater Utility Fee. Users include all users owning or occupying developed property in the city of Iowa City. Amount of Fee, Charge, Bond, Fine, or Penalty: One Equivalent Residential Unit (ERU) = $2.00 SECTION II AMENDMENT Title 14, Chapter 3, Article A, entitled "General Provisions" of the City Code is hereby amended by: a. Repealing the Subsection entitled "City Utilities, City Utility Services" in Section 14-3A-2 and substituting the following in lieu thereof: Ci~ Utilities. Cil~. Utili~ S¢.rvices: The providing of water, wastewater, stormwater drainage, and/or solid waste services to persons who are obligated to pay for said services. Ordinance No. Page 2 b. Adding a subsection entitled "Stormwater Drainage" in Section 14-3A-2 as follows: ,~: Stormwater, ground water, and spent water discharged to the City's stormwater infrastructure. c. Repealing Subsection 14-3A-4(A)(2) and substituting the following in lieu thereof: 2. All contributors or users owning or occupying property in the city of Iowa City shall be charged for the service used. In addition, a fee shall be charged to all account holders for operation, maintenance, and improvements to the City's stormwater infrastructure utility. The City shall review the user charge system and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance, necessary expansion and debt service, and that the system continues to provide for the uniform distribution of operation and maintenance among all users. The City will annual notify all users, in conjunction with a regular bill, of the wastewater treatment charges and that portion of the user's bill attributable to wastewater treatment services. Such rates and charges shall be in the amounts set forth in the schedule of fees, Title 3, Chapter 4 of this Code. ~ That Title 14, Chapter 3, City Utilities, Article G of the Code of Ordinances of the City of Iowa City, Iowa is hereby amended by adding the following Section 14-3G-10, entitled "Stormwater Utility and Stormwater Utility Fee": 14-3G-10 STORMWATER UTILITY 8, STORMWATER UTILITY FEE A. PHrp~.~e, It is determined and declared to be necessary and to lead or contribute to a result conducive to the protection of the public health, safety, welfare, and compliance with federal regulation, that a stormwater management utility district be established within the city. It is further determined and declared to be necessary and conducive to the protection of the public health, welfare, and safety of the city and its residents that charges be levied upon and collected from the owners or occupants of all developed lots, parcels or real estate, and buildings that discharge stormwater or surface or subsurface waters, directly or indirectly, to the city stormwater drainage system, and that the proceeds of such charges so derived be used for the purposes of management of storm water runoff quantity and quality, construction, operation, maintenance, repair, replacement and debt service for construction of the stormwater drainage, flood protection and stormwater quality improvements comprising the stormwater utility. B. Definitir)n~ As used in this Section, the following definitions shall apply: City: City of Iowa City Developed Property: Property upon which a structure or impervious surface has been placed or constructed, thus increasing the amount of rainwater or surface water runoff. Director: The Public Works Director or designee. Drainage Course: A shallow narrow grassed or paved overland route, either natural or constructed, over which water passes. Dwelling Unit: A singular unit or apartment providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. Equivalent Residential Unit (ERU): The average impervious area of a single family residential property located within the city as periodically determined and established as provided in this Section. ERU Rate: The dollar value periodically determined and assigned to each ERU as a charge for stormwater management services, and expressed as SX.XX per ERU. Exempt Property: Public streets, alleys and sidewalks; all University of Iowa properties; all undeveloped properties. Ground Water: Water beneath the surface of the earth which is not bound to soil particles. Impervious Area: The number of square feet of hard-surfaced areas which either prevent or resist the entry of water into soil mantle, as it entered under natural conditions as undeveloped property, and/or cause water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions as undeveloped property, including but not limited to roofs, roof extensions, patios, porches, driveways, sidewalks, pavement, athletic couds, and semi-impervious surfaces such as gravel which are used as driveways or parking lots. Multi-family Residential Property: Residential structures designed with two or more dwelling units to accommodate two or more families or groups of individuals living separately and not sharing the same living space. Non-Point Source Discharge: Water discharged from the earth's surface to a drainage course or water course. Non-residential Property: Any developed lot not exclusively residential, including but not ~imited to, transient rentals, commercial, institutional, chumhes, hospitals, governmental properties and parking lots, Ordinance No. Page 3 and multi-use propedies incorporating residential uses. Point Source Discharge: Water discharged to the earth's surface through a pipe, conduit, tube, duct, channel or pumping facility. Single-Family Residential Property: A detached residential structure designed as a single dwelling unit to accommodate one family or group of individuals living together and sharing the same living space, but excluding multi-use properties which include single-family residential uses. Stormwater Drainage System District: The area served by the stormwater utility. Stormwater Infrastructure: The entire constructed and natural stormwater and ground water drainage system within the City limits of Iowa City. Stormwater Management: The tasks required to control stormwater runoff to protect the health, safety, and welfare of the public, and comply with state and federal regulations. It includes but is not limited to street sweeping, erosion control, stormwater basin improvements and maintenance, culvert and storm sewer maintenance, stormwater management planning and related public education. Stormwater Utility: The utility established under this Section for the purpose of managing stormwater and imposing charges for the recovery of costs connected with such stormwater management. Surface Water: Stormwater, ground water, and spent water received by the earth's surface. Undeveloped Property: A parcel that has no impervious area. User: The owner and/or occupant of any developed property within the limits of Iowa City. Water Course: A natural overland route through which water passes, including drainage courses, streams, creeks, and rivers. C. District The entire City is hereby organized into one stormwater utility district. D. Powers and Duties The City shall have the following powers, duties, and responsibilities with respect to the Stormwater Utitity: 1. Prepare ordinances as needed to implement this division and forward the ordinances to the City Council for consideration and adoption, and adopt such regulations and procedures as are required to implement this division and carry out its duties and responsibilities. 2. Administer the design, construction, maintenance and operation of the utility system, including capital improvements designated in the comprehensive drainage plan. 3. Acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, dredge, repair, conduct, manage, and finance such facilities, operations, and activities, as are deemed by the City to be proper and reasonably necessary for a system of storm and surface water management. These facilities may include, but are not limited to, surface and underground drainage facilities, storm sewers, watercourses, ponds, ditches, and such other facilities relating to collection, runoff, and retention as will support a stormwater management system, whether such facilities are owned and operated directly by the City or are provided under statutory or contractual provisions and furnishings of which facilities create or impose a cost or charge upon the City for the service afforded by such facilities. 4. The City shall separately account for the stormwater utility finances. The stormwater utility shall prepare an annual budget, which is to include all operation and maintenance costs, costs of borrowing, and other costs related to the operation of the stormwater utility. The budget is subject to approval by the City Council. Any excess of revenues over expenditures in a year shall be retained in a segregated fund, which shall be used for stormwater utility expenses in subsequent years. Stormwater utility fees collected shall be deposited in the stormwater enterprise fund and shall be used for no other purpose. E. Establishment of Fquivalent Residc. ntial Unit (EREJ) rote and stormwater utility, charge. 1. For purposes of this article, an ERU shall be equivalent to 3,129 square feet of impervious area. 2. Except as provided in this article, every user owning or occupying property that is not exempt property in the City of Iowa City shall pay to City a stormwater utility charge as determined in this article. In the event the owner and the occupant of a particular property are not the same the liability for payment of the stormwater management charge attributable to that property shall be joint and several as to the owner and occupant. 3. The ERU rate to be applied to properties shall be as defined in §3-4-6 of the City Code. 4. The monies derived from the stormwater utility charge shall be used solely for the operation and maintenance of the Gity wide stormwater infrastructure and related water quality programs. F. Determination nf stnrmweter IJtilify charge Ordinance No. Page 4 1. The stormwater utility charge for single-family residential properties shall be 100% of the ERU rate per month. As to these properties, the stormwater utility charge shall commence upon the eadier of the following: a. The issuance of a certificate of occupancy; b. 90 days after construction is halted, provided construction is at least 50% complete; or c. 90 days after construction is completed, even if a certificate of occupancy has not been issued for the residence. 2, For multi-family residential properties the stormwater utility charge shall be 50% of the ERU rate multiplied by the number of individual dwelling units existing on the property. As to these properties, the stormwater utility charge shall commence upon the earlier of the following: a. The issuance of a certificate of occupancy; b. 90 days after construction is halted, pr6vided construction is at least 50% complete; or c. 90 days after construction is completed, even if a certificate of occupancy has not been issued for the residence. 3. For non-residential property, the stormwater utility charge shall be 50% of the ERU rate multiplied by the numerical factor obtained by dividing the total impervious area of the parficu[ar property by the number of square feet in one ERU. The minimum charge shall be equal to 100% of the ERU rate. As to these properties, the stormwater utility charge shall commence upon the earlier of the following: a. The issuance of a certificate of occupancy; b. 90 days after construction is halted, provided construction is at least 50% complete; or c. 90 days after construction is completed, even if a certificate of occupancy has not been issued for the residence. G. Appeal.~ 1. An owner or occupant of a multi-family residential property aggrieved by the initial or any subsequent calculation of the number of dwelling units upon or in such property, calculation of the stormwater utility charge, or allocation of such charge among occupants, may appeal such calculations and allocation to the director. Upon such appeal, the stormwater utility charge for such property may be recalculated utilizing information supplied by the appealing owner or occupant, provided such information is verified as correct by the director. 2. An owner or occupant of non-residential property aggrieved by the initial or any subsequent determination of the total impervious area of such property, calculation of the stormwater utility charge for such property, or allocation of such charge among occupants, may appeal such calculations and allocation to the director. Upon such appeal, the stormwater utility charge for such property may be recalculated utilizing information supplied by the appealing owner or occupant, provided such information is verified as correct by the director. 3. Any adjustment of the stormwater utility charge resulting from such appeal shall be retroactive to the date the appeal was filed. 4. Appeals by the owners or occupants of property subject to stormwater utility charges shall include a statement of the number of dwelling units, total properly area, and/or total impervious area, as appropriate for the particular grounds for appeal. Such information may be shown on the storrnwater utility reporting forms or on appeal forms, and may be accompanied by plats, County Assessor's records, or survey data. The director may request additional information from the appealing party. Based upon the information provided by the utility and appealing party, the director shall make a final calculation of the stormwater utility charge. The director shall notify the parties, in writing, of the director's decision within 90 days after receipt of the appeal. If still aggrieved, a party may request, in writing, a review by the City Manager of the director's decision. Such request must be filed with the City Manager within 30 days after the director's decision, shall cite the specific error by the director, and shall include the calculation of stormwater utility charge which the appealing party believes to be correct. The City Manager shall review the record presented and render a written decision within 30 days after receipt of the request for review. The City Manager may request additional information from the director or the appealing party. If still aggrieved, a party may request review of the City Manager's decision by the City Council in the same manner as above, provided for review by the City Manager. The filing of an appeal shall not excuse the payment of the starmwater utility charge when due. However, the City shall refund any portion of the charge paid subsequent to the filing of the appeal which is adjudged to be excessive, with interest at the rate provided by law. H. Billing proc. edures delinqHP, nt acrx~Hnts and nnllection prnnedHr~,~. 1. The charges established hereunder will be billed monthly to customers in the Iowa City stormwater Ordinance No. Page 5 utility district. 2. Collection and delinquent account procedures shall be as in §14-3A~6 of the City Code. SECTION IV. REPEALER All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI EFFECTIVE DATF This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this day of ,20.__ MAYOR ATTEST: CITY CLERK Approved by Ci~"A~t'~r~'eys Of~ce ~ pweng/ord/stormwaterl 1-03.doc Ordinance No. Page __ It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration 12/16/03 Vote for passage: AYES: Wilburn, Champion, Kanner, Lehman, V~nderhoef. NAYS:O'Donnel Pfab. ABSENT: None. Second Consideration Voteforpassage: AYES: Lehman, Vanderhoef, Wi]burn, Bai]ey, Champion. NAYS: Elliott, O'Donnell. ABSENT: None. Date published ".~emission~IhelowaCityAreaChamberofCommerceistosupportandpromoteavibrant ~ IOWA CITY e~i~omy ~iding opportunities, leadership and services to our membership and contributing to ~ (~'~'1 t~ualit~Ili~inourarea." AREA [-.~! "~..~make~u~portanddevelopmentofbusinessourprimaryfocus' , CHAMBER OF ~ "~'~uppo. l~eo~oorative rcgional initiatives that benefit business and members ~ COMMERCE L_[_ oR lowl~2~it4~ea Chamber." ~' ~' 325 E.Washingmn Street ~ c.-O~. P.O. Box 2:~$8 ~-~ C)~ Iowa city, Iowa 52244 c~ 319-337-9637 (tel} r,-a 319'338'9958 (fax) Dear Mayor, Council and City Staff.' The Iowa City Area Chamber of Commerce would like to thank the City Council and Staff for allowing us to work with them on the proposed Storm Water Utility Fee. The proposal we are about to present is a collaboration of work from both parties and represents a fair and equitable fee structure for the City. The cost breakdown for storm water management is both fixed and variable. The fixed costs would involve program operation, administration of fees and capital improvements. The variable costs are related to management of water quality. The fixed costs seem to be the largest expense. They are driven by implementation and administration of a storm water management system. We believe that these are costs to the community that everyone should share in equally. The variable costs associated with the management of water should be proportionate to the quantity and quality of the water discharged. This should be passed on to larger users in a variable cost method that reflects a fee to cover these incremental costs. We are proposing a fixed cost fee formula with a variable component (ERU) for volume and a credit system for quality. We recommend the base unit fee for residential, multi-family excepted, commercial, industrial, governmental, and school properties be an amount higher than the $2.00 that was originally proposed. This base unit fee would use the same impervious surface area of 3129 square feet. Multi-family properties would remain at half base unit fee. It would be ideal to treat multi-family property the same as commercial with a base fee plus (ERU) for larger complexes, but it has been indicated that administering this would be cost prohibitive. All properties other than residential would additionally pay an incremental fee amount per (ERU) lower than originally proposed. Additionally we suggest the implementation of a credit system. We are recommending that a reduction of the (ERU) by 50% be given to businesses already managing their storm water runoff through NPDES permitting or any additional guidelines the City may implement. An argument can easily be made that if a business is already managing their storm water they should receive a 100% credit, but we realize that quantity and quality are both issues of concern. This can be monitored very easily and with minimal administrative cost to the City. The goal is for companies to manage their storm water, so it is important that the process of applying for a credit be simple and straightforward. Attached a comparison of the compares the City's current proposal with other scenarios for the council to evaluate. The fixed cost of management is the highest and should be shared in equally. We therefore believe that the use of a base unit fee with au additional fee for quantity and quality with a credit for quality be considered. We also believe that the base unit fee is where future increases should be made. Thank you for your consideration of this proposal. Sincerely, Patrick Guard President Prepared by: Mitchel T. Behr, Assistant City Attomey, 410 E. Washington Stzeet, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 04-4109 ORDINANCE AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE", CHAPTER 4, ENTITLED "LAND CONTROL AND DEVELOPMENT", ARTICLE C, ENTITLED "HISTORIC PRESERVATION REGULATIONS", TO ADD CERTAIN PROVISIONS TO SECTION 4, ENTITLED "RULES OF THE COMMISSION" AND CERTAIN PROVISIONS TO SECTION 7, ENTITLED "APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS", IN ORDER TO ALLOW FOR THE APPOINTMENT OF A HISTORIC PRESERVATION DESIGN REVIEW SUBCOMMITTEE TO REVIEW APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS. WHEREAS, the Historic Preservation Commission and City Council wish to provide for the establishment of an historic preservation design review subcommittee to review applications for certificates of appropriateness and make recommendations to the Historic Preservation Commission; and, WHEREAS, it is in the public interest to provide for careful review and consideration of such applications NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~,~J~LL~M~.~. City Code Title 14, entitled "Unified Development Code", Chapter 4, entitled "Land Control and Development", Article C, entitled "Historic Preservation Regulations", Section 4, entitled "Rules of the Commission", sub-section C, is hereby amended to add the following: The Commission shall have the authority to establish an historic preservation design review subcommittee to review and make recommendations to the Commission regarding applications for certificates of appropriateness. Said subcommittee shall consist of three members of the Commission, appointed annually by the Commission. SECTION II. AMENDMENT. City Code Title 14, entitled "Unified Development Code", Chapter 4, entitled "Land Control and Development", Article C, entitled "Historic Preservation Regulations", Section 7, entitled "Applications for Certificates of Appropriateness~", sub-section C-2, is hereby amended to add the following: If an historic preservation design review subcommittee has been established by the Commission, the Commission shall immediately transmit the application and accompanying plans and other information, to said subcommittee. The historic preservation design review subcommittee shall, within a reasonable time, give written notice to the applicant, hold a meeting to review and consider the application and its compliance with the guidelines established by law and this Adicle, and make a recommendation regarding the application to the Commission. ~U~J~.~. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV SEVERABII ITy. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V EFFECTIVE DATE This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. ~~y~R~~.and approved this 3r'd ~.d~( of Febr'ua~'y , 20 04 CITY CLERK Approved by ~'i~'y',~ttorne~/s Office" ' Ppdadmin~or~histodcdesignreview.ord Ordinance No. 04-4109 Page 2 It was moved by O' Donne11 and seconded by ~z~[~Jtc~ that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn First Consideration 1/6/04 Voteforpassage:AYES: Lehman, O'Donnel], Vanderhoef, ~/i]burn, Bai]e.v, Champion, E]]iott. NAYS: None. ABSENT: None. Second Consideration 1/20/04 Vote for passage: AYES: Lehman,O'Donne]], Vanderhoef, Wi'lbu~'n, Bai'le.y, Champion, E]]iott. NAYS: None. ABSENT: NOne. Date published 2/11/04