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HomeMy WebLinkAbout1995-03-28 OrdinanceDEFEATED ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO, 89-3418 AND THE ACCOMPANYING CONDI- TIONAL ZONING AGREEMENT FOR APPROXI- MATELY 28 ACRES LOCATED SOUTH OF HIGHWAY 1 WEST. WHEREAS, on June 13, 1989, the City Council approved Ordinance No. 89-3418 (hereafter "Ordinance"), rezoning approximately 28 acres known as Westport Plaza located south of Highway 1 West from I-1, Industrial, to CC-2, Community Commercial; and WHEREAS, said Ordinance authorized execu- tion of a Conditional Zoning Agreement be- tween the City of Iowa City and the Joseph Company, the original developer of Westport Plaza; and WHEREAS, condition//5.a. of the Conditional Zoning Agreement restricted Westport Plaza to no more than two (2) free-standing signs; and WHEREAS, condition 10 of the Agreement specified that the agreement shall be deemed a covenant running with the land and shall inure to the benefit of all successors and assignees of the subject property; and WHEREAS, General Mills Restaurants, Inc. has purchased Lot 3 of Westport Plaza; and WHEREAS, General Mills Restaurants, Inc. has requested that the City Council amend the Conditional Zoning Agreement to allow the addition of a third freestanding sign on the subject property; and WHEREAS, the City Council finds that the addition of a third freestanding sign on the subject property is not counter to the compre- hensive plan policy of preserving and enhancing the entranceways to Iowa City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: SECTION I. Ordinance No. 93-3465 and the accompanying Conditional Zoning Agreement are amended by deleting Section 5.a. of the Agreement and adopting, in lieu thereof, the following: a. No more than three (3) freestanding signs will be permitted on the develop- ment site known as Westport Plaza. One of the three permitted freestanding signs shall be allowed on Lot 3 of Westport Plaza. Ordinance No. Page 2 b. The Ordinance and amended Conditiom al Zoning Agreement, after adoption, shall be recorded in the Johnson Coun- ty Recorder's Officer at the expense of General Mills Restaurants, Inc. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this MAYOR ATTEST: CITY CLERK or ne~..~jOe ppdadmin~genmills.ord Ordinance No. Page __ It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novice Pigoft Throgmorton that the Ordinance First Consideration 3/?8/9.5 Vote for passage: AYES: NONE. NAYS: Kubby, Lehman, NovicE, Pigott, Throgmorton, Baker, Horowitz. ABSENT: None. Second Consideration Vote for passage: Date published AMENDED CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City") and General Mills Restaurant, Inc. (hereinafter "Developer"). WHEREAS, Developer is legal title holder of Lot 3 of Westpod Plaza; and WHEREAS, on June 13, 1989, the City Council of Iowa City approved Ordinance No. 89-3418 (hereinafter "Ordinance") rezoning approximately 28 acres, known as Westport Plaza from I-1, Industrial, to CC-2, Community Commercial; and WHEREAS, said Ordinance authorized execution of a Conditional Zoning Agreement between the City and the Joseph Company, the original developer of Westpod Plaza; and WHEREAS, condition 5.a. of the Conditional Zoning Agreement restricted Westpod Plaza to no more than two (2) freestanding signs; and WHEREAS, the City and Developer now wish to amend the Conditional Zoning Agreement to allow the addition of a third freestanding sign. NOW, THEREFORE, the City and Developer agree as follows: The Conditional Zoning Agreement dated June 13, 1989, shall be and is hereby amended by deleting Section 5.a. of said Agreement and inseding, in lieu thereof, the following: No more than three (3) freestanding signs will be permitted on the development site known as Westpod Plaza. One of the three permitted freestanding signs shall be allowed on Lot 3 of Westpod Plaza. The City and Developer acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code Section 414.5 {1993) and area appropriate conditions required to satisfy public needs directly caused by the rezoning of this property. Developer acknowledges that in the event that subject property is transferred, sold, redeveloped, or subdivided, all development will confirm with all the terms of this Agreement. The City and Developer acknowledge that this amended Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the title to the land and shall remain in full force and effect as a covenant with the title to the land, unless or until release by record by the City. The City and Developer furlher acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assignees of the City and the developer. Nothing in this Agreement in any way alters, amends or modifies the original Conditional Zoning Agreement except as set forth above. The City and Developer agree that Developer shall record this amended Conditional Zoning Agreement in the Johnson County Recorder's Office. -2- Dated this day of , 1995. GENERAL MILLS RESTAURANT, INC. Approved by: CITY OF IOWA CITY By Susan M. Horowitz, Mayor Attest: Marian K. Karr, City Clerk City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , 1995, before me, , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Ordinance No. passed by the City Council on the day of ,19 ., and that and Madan K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa -3- STATE OF ~)~"(L~_~FA~ COUNTY )ss: ) Onehis ~ · 5 day of ~'J.(.t ~ , A.D. 19~ before me, the undersigned, a Nota~ ~ublic In. and for the above said state, personally appeared ~ ~C~ ~ ,tom~pe/sonallykno~? WhO, 'bein~ by mE duly sworn, did say that ~he~ , re~% of said corporation executing the within and foregoing instrument to which this is aftached, ~hot (no se~l ha~bocn proourod by the said) oorp~ that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal o~said) sa~d corporation by authority of its Board of Directoil; .And ,that the said n~ ~ ~ ~ ..... a~ s~ch ~~edg.d ~he executiod of said instrument to be the volunta~ act and deed of said corporation, by it and by ~ voluntarily executed. Notary P~biic in and for said County an~ate ppdadmtn~ge~n~IIs.cza -3- STATE OF IOWA SS: JOHNSON COUNTY On this day of , A.D. 19 , before me, the undersigned, a Notary Pubtic ~n and for the State of Iowa, personally appeared and , tome personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been prqcumd by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdadm[n~9 en mills.cz a Notary Public in and for said County and State AMENDED CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City") and General Mills Restaurant, Inc. (hereinafter "Developer"). WHEREAS, Developer is legal title holder of Lot 3 of Westport Plaza; and WHEREAS, on June 13, 1989, the City Council of Iowa City approved Ordinance No. 89-3418 (hereinafter "Ordinance") rezoning approximately 28 acres, known as Westpod Plaza from I-1, Industrial, to CC-2, Community Commercial; and /; WHEREAS, said Ordinan'~b~e authorized execution of a Condi~fonal Zoning Agreement between the City and the Joseph Cb~pany, the original developeCf Westpod Plaza; and WHEREAS, condition 5.a. of'~e Conditional Zoning ACeement restricted Westport Plaza to no more than two (2)freestanding signs; and / WHEREAS, the City and Develo now wish to at)lend the Conditional Zoning Agreement to allow the addition of a third sign. ~ NOW, THEREFORE, the City and ree as follows: The Conditional Zoning amended by deleting Section following: / No more than three (3) site known as Westpor~ Plaz; shall be allowed on Lct 3 of W~ June 13, 1989, shall be and is hereby Agreement and inserting, in lieu thereof, the ~ding signs will be permitted on the development One of the three permitted freestanding signs 3od Plaza. The City and Developer acknowledg( reasonable conditions to impose on the area appropriate conditions required to rezoning of this properly. :hat the conditions contained herein are Iowa Code Section 414.5 (1993) and public needs directly caused by the Developer acknowledges that in the event redeveloped, or subdivided, all development Agreement. ubject properly is transferred, sold, confirm with all the terms of this The City and Developer acknowledge that this amende~l~Conditional Zoning Agreement shall be deemed to be a covenant running with the lanai,and with the title to the land and shall rernain in full force and effect as a covenant with,the title to the land, unless or until release by record by the City. The City,,'and Developer fudher acknowledge that this Agreedie,,nt shall inure to the benefit,bf and bind all successors, representatives and assigneeS\of the City and the developer. Nothing in this Agreement in any way alters. amends or modifies the original Cor~ditional Zoning Agreement except as set fodh above. ~'. The City and Developer agree that Developer shall record this amended Conditional Zoning Agreement in the Johnson County Recorder's Office. -2- Dated this day of , 1995. GENERAL MILLS RESTAURANT, INC. CITY OF IOWA CITY By By /' Susan M. ~'rowitz, Mayor Attest: K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , a Notary Public in Horowitz and Marian K. Karr, to me p¢i-sonally say that they are the Mayor and City..Clerk, res seal affixed to the foregoing instruis the cor instrument was signed and sealee as contained in Ordinance No. ,. , 1995, before me, of Iowa, personally appeared Susan M. and, who, being by me duly sworn, did ely, of the City of Iowa City, Iowa; that the seal of the corporation, and that the )oration, by authority of its City Council, , the City Council on the day of .", 19 , and that and Marian K. Karr acknowledged the execution ~)f the instrument to be th'~ir voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily'~cuted. Notary Public in and.~or the State of Iowa ORDINANCE NO. 95-3671 AN ORDINANCE AMENDING THE IOWA CITY CHARTER, SECTIONS 2.06B (MAYOR), 2.08C AND 2.08E (APPOINTMENTS), 3.01A (NOMI- NATION), 6.01 (LIMITATIONS ON THE AMOUNT OF CAMPAIGN CONTRIBUTIONS), AND 7.04D (PROCEDURE AFTER FILING), AS RECOMMENDED BY THE CHARTER REVIEW COMMISSION. WHEREAS, the Iowa City Charter provides for the establishment of a Charter Review Commis- sion at least once every ten years; and WHEREAS, the Iowa City City Council did appoint a nine-member Commission for review of the Charter on May 17, 1994; and WHEREAS, the Charier Review Commission did meet twelve times for review of the Charter and presented their recommendations to Council on January 31, 1995; and WHEREAS, a public hearing was held on the recommendations on February 14, 1995; and WHEREAS, it is necessary for the City Council to adopt these recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. The Iowa City Charter be hereby amended by: a. Repealing Section 2.06B and adding a new Section 2.06B as follows: B. The Mayor is a voting member of tile Council, the official representative of the City, presiding officer of the Council and its policy spokesperson. The Mayor shall present to the City no later than February 28 an annual State of the City message. b. Repealing Section 2.08C and adding a new Section 2.08C as follows: C. The Council shall appoint the City At- torney. c. Repealing Section 2.08E and adding a new Section 2.08E as follows: E. The Council shall fix the amount of compensation, if any, of persons it appoints and shall provide for the meth- od of compensation of other City em- ployees. All appointments and promo- tions of City employees by City Council and City Manager must be made ac- cording to job-related criteria and be Ordinance No. 95-3671 Page 2 consistent with nondiscriminatory and equal employment oppodunity stan- dards established pursuant to law. d. Repealing Section 3.01A and adding a new Section 3.01A as follows: A. An eligible elector of a council district may become a candidate for a council district seat by filing with the cily clerk a valid petilion requesting that his or her name be placed on the ballot for that office. The petition must be filed not more than sixty-five (65) days nor less lhan forty (40) days before the date of the election and must be signed by eligible electors from the candidate's district equal in number to at least two (2) percent of those who voted to fill the same office at the last regular city election, but not less than ten (10) persons. e. Repealing Section 6.01 and adding a new Section 6.01 as follows: The Council, by ordinance, shall pre- scribe limitations on the amount of cam- paign contributions made to a candidate for election to Council by a person as defined in this Charier. f. Repealing Section 7.04D and adding a new Seclion 7.04D as follows: D. Validity of signatures. A petition shall be deemed sufficient for the purposes of this article if it contains valid signa- tures in the number prescribed by Sec- tion 7.03 and is timely filed, even though the petition may contain one or more invalid signatures. A signature shall be deemed valid unless it is not the genuine signature of the qualified elector whose name it putpods to be, or it was not voluntarily and knowingly executed. A valid signature need not be in the identical form in which lhe qualified elector's name appears on the voting rolls, nor may a signature be deemed invalid because the address accompanying the name on the petition is different from the address for the same name on the current voting rolls if the qualified elector's birth date is provided and is shown on the voting rolls. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Ordinance No. 95-3671 Page 3 SECTION IlL SEVERABILITY, If any section, provision or part of the Ordinance shall be ad- judged 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 unconsti- tutional. SECTION IV. EFFECTIVE DATF. This Ordi- nance shall be in effect after its final passage, approval and publicalion, as provided by law. Passed and approvedlhis 28th day o£ March, 1995. -- /~~ved by \ Gily Attorney s Office Ordinance No. 95-3671 Page 4 It was moved by ~ovick and seconded by as road be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton that the Ordinance First Consideration 2/28/95 Vote for passage: AYES: Kubby, Novick, Pigott, Throgmorton, Baker. NAYS: None. ABSENT: Horowitz, Lehman. Second Consideration 3/7/95 Vote for passage: AYES: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. NAYS: None. ABSENT: None. Date published 4/5/95