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HomeMy WebLinkAbout2005-02-15 Ordinance Prepared by: Robert Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ04-00017) ORDINANCE NO. AN ORDINANCE TO REZONE APPROXIMATELY 25.67 ACRES BY AMENDING A PLANNED DEVELOPMENT HOUSING OVERLAY - LOW DENSITY SINGLE-FAMILY RESIDENTIAL (OPDH-5) PLAN IN ORDER TO ALLOW ADDITIONAL ZERO-LOT LINE DWELLINGS FOR PROPERTY LOCATED ON WINTERGREEN DRIVE WHEREAS, the owner, Third Street Partners, has requested a rezoning to amend a previously approved Planned Development Housing Overlay for portions of the Village Green South Development; and WHEREAS,. the approval of the amended OPDH plan will allow an increase in development density; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed amendments and has recommended approval provided that the OPDH plan address concerns about neighborhood compatibility; and WHEREAS, the Planning and Zoning Commission has recommended that the plan include: A minimum 7-foot front yard setback for Lots 85 to 102 and Lots 111 to 130; The front yard area must be landscaped with shrubs and a fence as illustrated on the OPDH plan; Lots 65 to 84 and 131 to 134 must be a mixture of models Al, A2 and B; Identical combinations of zero-lot lines must not be repeated on adjacent lots; The median between driveways must be landscaped with a hedge as illustrated on the OPDH plan; Where two driveways are located together, they will be tapered to minimize front yard paving; The final landscaping plan be approved with the final OPDH plan; Landscaping on outlots must be installed prior to the issuance of an occupancy permit for any of the lots; For individual lots, landscaping be required when the occupancy permit is issued for that particular building or prior to. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL The Planned Development Housing Overlay plan for the property described below is hereby amended: Beginning at the Southeast corner of Village Green South Part Two, in accordance with the Plat thereof recorded in Book 18, at Page 67, of the records of the Johnson County Recorder's Office; Thence N00°47'13"E, along the Easterly line of said Village Green South Part Two, 988.7 feet, to the Northeast corner thereof and a point on the Southerly line of Village Green Part XII, in accordance with the Plat thereof recorded in Book 32, at Page 313, of the records of the Johnson County Recorder's Office; Thence N89°57'O0"E, along the Southerly line of said Village Green Part XII, a distance of 174.8 feet, to the Southeast corner thereof; Thence N00°03'00"W, along the Easterly line of said Village Green Part XII, 84.8 feet; Thence N08°58'49"E, along said Easterly line, 136.9 feet; Thence N39°29'01"E, along said Easterly line, 112.9 feet, to its intersection with the Southerly Right-of-Way line of Village Road; Thence Southeasterly, along said Southerly Right-of-Way line, 79.8 feet, and a 746.7 foot radius curve, concave Northeasterly, whose 79.7 foot chord bears S53°34'36"E, to its intersection with the Westerly Right-of-Way line of Wintergreen Drive; Thence Southeasterly, along said Westerly Right-of-Way line, 30.1 feet, and a 20.0 foot radius curve, concave Southwesterly, whose 27.3 foot chord bears S13°30'23"E; Thence S29°37'26"W, along said Westerly Right-of- Way line, 17.8 feet; Thence Southwesterly, along said Westerly Right-of-Way line, 182.7 feet, and a 295.0 foot radius curve, concave Southeasterly, whose 179.8 foot chord beam Sl1°52'46"W; Thence S05°51'54"E, along said Westerly Right-of-Way line, 48.0 feet, to a point on the Westerly line of Village Green Part XX, in accordance with the recorded Plat thereof; Thence Southeasterly, along said Westerly line, 87.7 feet, and a 525.4 foot radius curve, concave Northeasterly, whose 87.6 foot chord bears S10°38'47"E; Thence Southwesterly, along said Westerly line, 30.9 feet, and a 20.0 foot radius curve, concave Northwesterly, whose 27.9 foot chord beam S28°49'55"W; Thence S16°54'29"E, along said Westerly line, 50.0 feet; Thence Northeasterly, along said Westerly line, 4.6 feet, and a 192.0 foot radius curve, concave Northwesterly, whose 4.6 foot chord beam N72°24'01"E; Thence Southeasterly, along said Westerly line, 29.1 feet, and a 20.0 foot radius curve, concave Southwesterly, whose 26.6 foot chord bears S66°35'50"E; Thence Southeasterly, along the Southwesterly line of said Village Green Part XX, 189.7 feet, and a 525.4 foot radius curve, concave Northeasterly, whose 188.6 foot chord bears S35°14'41"E; Thence Southeasterly, along said Southwesterly line, 29.6 feet, and a 20.0 foot radius curve, concave Southwesterly, whose 27.0 foot chord bears S03°13'01"E; Thence S39°09'10"W, along said Southwesterly line, a distance of 0.4 feet; Thence S50°50'50"E, along said Southwesterly line, 55.0 feet; Thence Northeasterly, along said Southwesterly line, 29.8 feet, and a 20.0 foot · Ordinance No. Page 2 radius curve, concave Southeasterly, whose 27.1 foot chord bears N81°47'11"E; Thence Southeasterly, along said Southwesterly line, 223.3 feet, and a 525.4 foot radius curve, concave Northeasterly, whose 221.6 foot chord bears S67°45'24"E, to the Southeast corner thereof, and a point on the Westerly line of Village Green Part XIX; Thence S10°04'01"W, along said Westedy line, 98.2 feet, to the Southwest corner thereof, and the Northwest corner of Village Green South Part 4B, in accordance with the Plat thereof recorded in Book 34, at Page 41, of the records of the Johnson County Recorder's Office; Thence S00°34'35"W, along the Westerly line of said Village Green South Part 4B, 93.4 feet; Thence S52°21'37"E, along said Westedy line, 39.9 feet; Thence S22°38'14"W, along said Westedy line, 128.1 feet; Thence S14°51'41"E, along said Westerly line, 112.0 feet; Thence S52°21'37"E, along the Southerly line of said Village Green South Part 4B, 112.0 feet; Thence S89°51'32"E, along said Southerly line, 112.0 feet; Thence N52°38'33"E, along said Southerly line, 84.7 feet; Thence N26°51'20"E, along said Southerly line, 118.6 feet; Thence S63°08'40"E, along said Southerly line, 30.0 feet; Thence S26°51'20"W, along said Southerly line, 125.0 feet; Thence S63°08'40"E, along said Southerly line, 45.0 feet, to the Northwest corner of Village Green South Part 4A, in accordance with the Plat thereof recorded in Book 34, at Page 40, of the records of the Johnson County Recorder's Office; Thence S15°29'02"W, along the Westerly line of said Village Green South Part 4A, 82.4 feet; Thence S60°29'42"W, along said Westerly line, 57.7 feet; Thence S22°59'47"W, along said Westerly line, 115.4 feet; Thence S14°30'08"E, along said Westerly line, 115.4 feet; Thence S52°00'04"E, along the Southerly line of said Village Green South Part 4A, 108.4 feet; Thence S85°12'19"E, along said Southerly line, 88.8 feet; Thence S74°38'34"E, along said Southerly line, 239.8 feet; Thence N03°42'40"W, along said Southerly line, 135.1 feet; Thence Northeasterly, along said Southerly line, 24.4 feet, and a 150.0 foot radius curve, concave Northwesterly, whose 24.4 foot chord bears N81°37'34"E; Thence S13°02'12"E, along said Southerly line, 129.9 feet; Thence N61°42'07"E, along said Southerly line, 232.5 feet, to the Southeast corner thereof, and a point on the Westedy Right-of-Way line of Scott Boulevard; Thence S00°50'33"W, along said Westerly Right-of- Way line, 600.5 feet, to its intersection with the Northerly Right-of-Way line of Iowa Interstate Railway; Thence N61°00'36", along said Northerly Right-of-Way line, 1878.5 feet, to said POINT OF BEGINNING. Said Parcel of land contains 25.67 acres, and is subject to easements and restrictions of record. SECTION II. VARIATIONS. The following variations from the underlying Low Density Single-Family (RS-5) zone are being approved as part of this Planned Development Housing Oveday approval: a. Minimum lot area, and lot width requirements are being reduced for Lots 65-102 and Lots 111-134 as shown on the Planned Development Housing Overlay plan; b. Maximum building coverage is being increased for Lots 85-102 and Lots 111-130; c. Minimum front yard setbacks are reduced from 20 feet to 7 feet for Lots 85-102 and Lots 111-130; d. Zero lot line attached dwellings are being permitted in the RS-5 zone which does not allow attached units. SECTION Ill. 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 IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and a copy of the amended OPDH Plan for this property, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, prevision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,20 MAYOR ATTEST: CITY CLERK Approved by City ;A~o~r;~j's Office- Ordinance No. Page 3 STAFF REPORT NOTE: A revised plan was submitted on Friday December 10. Given its late arrival staff has not been able to complete a review of the application. To: Planning and Zoning Commission Prepared by: Robert Miklo Item: REZ04-00017/SUB04-00017 Date: December 16, 2004 Village Green Parts 23 & 24 GENERAL INFORMATION: Applicant: Third Street Partners P.O. Box 209 Iowa City, IA 52244 Contact Person: MMS Consultants, Inc. 1917 S. Gilbert Street Iowa City, IA 52240 Phone: 351-8282 Requested Action: Rezoning from RS-5 to OPDH-5; Approval of preliminary plat Purpose: To create an 83-1ot subdivision Location: Wintergreen Drive Size: 25.67 acres Existing Land Use and Zoning: Vacant, RS-5 Surrounding Land Use and Zoning: North: OPDH-5; residential South: I-1; Industrial East: OPDH-5; residential West: RS-5; residential Comprehensive Plan: 2-8 dwelling units per acre File Date: December 10, 2004 45-day Limitation Period January 24, 2004 BACKGROUND INFORMATION: This property has an underlying zone of RS-5, Low Density Single Family. In 1993, a Planned Development Housing Overlay was approved to allow the clustering of zero lot line dwellings on the eastern portion of this property. The 1993 rezoning approval was part of a larger OPDH plan for Village Green South. The applicant acquired this property in the past few years and is now requesting a rezoning to amend the OPDH plan to allow an increase in the number of zero lot line units. The proposed amendments would increase the number of zero lot line lots from 30 to 62. The number of detached single-family lots would decrease from 35 to 21 lots. This results in an increase of 18 units when compared to the original plans for this area. ANALYSIS: The underlying RS-5 zone allows detached single-family dwellings on lots that are a minimum of 60 feet wide and a minimum of 8,000 square feet of lot area. The OPDH zone allows for modification of underlying zoning requirements such as lot area, lot width and building type, to encourage innovative or unique designs that are better suited for an area than conventional development. The applicant is proposing to use an alley through the center of this development to create narrower lots than could be achieved if each lot had a driveway onto the street. The use of the alley may help to create an increase in density without diminishing the residential character that is the intent of the underlying RS-5 zone. The application includes two building designs for Lots 85 to 131. Staff is concerned that this many lots with just two designs will result in a monotonous streetscape. If the proposed increase in density is to be approved staff recommends that a variety of fac.,,ade designs be required for the zero-lot line dwellings. The OPDH plan also proposes to reduce the front yard set back from 20 feet to 5 feet for these lots. Lots 65-84 and 132-135 are also slated for attached zero lot line dwellings, however access is provided from the streets. These lots are generally only 45-feet wide. It will require careful planning to place dwellings on these lots so that the front yard is not dominated by paving. It is also important that these dwellings be designed to be compatible with the proposed narrow lot-line dwellings proposed on the other side of the street. Sufficient variety in the fa(;ade design should also be provided to ensure the streetscape does not become monotonous. Lots 136 to 147 are conventional RS-5 lots. Lots 105 to 110 are slightly smaller or slightly narrower than the standard 60-foot wide 8,000 square feet required in the RS-5 zone. Staff is concerned the lot 105, a corner lot, is too narrow given that it will be required to have two 20 foot' front yards. Corner lots are generally wider to accommodate this requirement. Staff recommends that one of the lots on the north of Sterling Drive be eliminated to allow each of these lots to meet the 8,000 square foot and 60-foot wide minimums of the RS-5 zone. The introduction of the alley may make it possible to increase the density of this development but still allow for the residential character intended by the RS-5 zone. Staff is concerned that some of the details of this proposal need to be refined to assure that the plan meets the policies of the Comprehensive Plan and requirements of the OPDH regulations. Staff will work with the applicant to address these concerns to the extent possible before the Commission's December 16 and January 6 meetings. STAFF RECOMMENDATION: Staff recommends that this application be deferred to allow a more complete review. ATTACHMENTS: 2. Preliminary plat and OPDH plan Approved by: Kari~ Franklin, Director, Department of Planning and Community Development ppdadmin\stfrep\REZ04-00017_S U B.doc Preliminary Plat & O.P.D.H. Plan and Sensitive Areas Site Plan Village Green -- Parts XXIII & XXIV Iowa City, Iowa ._~___~~ ~_ ~ ._ / I -. I . --'T--'% I neighborhood. Area residents may wish to investigate the City's traffic calming program to address their current concerns about existing traffic in the neighborhood. Neighboring property owners also expressed concerns about drainage in the area. This property is currently higher than the lots located on Sterling Drive and Sterling Court. When Sterling Drive is extended to the east the grade will be lowered and storm water runoff will follow Sterling Drive and Chelsea Court to the east and south to the existing storm water basin. There are also two storm sewers and drainage easements proposed between lots 136 and 137 and lots 142 and 143, which will improve the drainage of the lots on Sterling Court. In general the City Engineer believes that development of the property will improve the drainage for the adjacent neighborhood. The applicant has addressed some of the Commission and staff's concerns with a revised plan. One of the previously proposed lots has been removed from the north side of Sterling Drive and the corner lot (lot 103) has been made wider. All of the single-family lots on Chelsea Court, Sterling Drive, and Wintergreen Drive now meet the minimum 8,000 square feet requirement of the RS-5 zone. The alley has been reconfigured to provide a lager open space in Outlot C. STAFF RECOMMENDATION: The use of the alley and the shallow front yard set back for (lots 85-102 and 111- 130) allows for more compact development and provides the applicant with 17 more housing units than permitted by the previously approved OPDH plan for this property. However, staff shares the Commission's concern that the plan submitted by the applicant would result in an incompatibility of design with a dense urban pattern on one side of the street and very dissimilar zero-lot line dwellings on the other. It is the intent of the OPDH zone to allow flexibility in design and building types provided that the resulting development is compatible with the neighborhood and the Comprehensive Plan. In exchange for more design detail the applicant is able to increase density and is allowed to build housing types that are not otherwise allowed in the RS-5 zone. In staff's view it would be possible to design zero-lot line dwellings for lots (65- 84 and lots 131-134) that would be compatible with what the applicant is proposing for lots 85o102 and 111-130. Such designs have been approved for other developments, such as Saddlebrook Meadows, Olde Towne Village and parts of Windsor Ridge. In absence of design changes we do not believe that the proposed OPDH plan meets the intent of the OPDH zone or the Comprehensive Plan. It would not result in a neighborhood that would be better than the single family lots allowed by the underlying RS-5 zone or the previously approved OPDH. Staff recommends that consideration of this application be deferred to allow the applicant to address the design for lots 65-84 and lots 131 to 134. Without a revised design that adequately addresses the issue of compatibility, staff would recommend that this application be denied. City of Iowa City MEMORANDUM Date: January 6, 2005 To: Planning and Zoning Commission From: Robed Miklo Re: REZ04-00017/SUB04-00017 At the December 16 Planning and Zoning Commission meeting, Commissioners raised concerns about the proposed OPHD plan and asked staff and the applicant to address a number of issues. Commissioners expressed concerns about the compatibility of the lots with the proposed 5-foot front yard setback (lots 85-102 and 111- 130) and the lots on the other side of the street, which are proposed for zero-lot line dwellings. Staff has met with the applicant and has reviewed building footprints and designs from other recently approved developments that would be more compatible. The attached sketch (attachment #4) shows how zero-lot line buildings could be brought closer to the street to be compatible with the more dense housing that the applicant is proposing. The applicant is considering these suggestions and should have a response prior to the January 6 Planning and Zoning Commission meeting. Commissioners asked that the landscaping of the common areas be done in a timely manner. The landscaping required for Outlot A, which was part of the original OPDH plan for this property, was not installed by the previous developer. To address this concern the OPDH plan should require that the landscaping for the outlots be installed prior to the issuance of a certificate of occupancy for any of the proposed buildings. The landscaping on individual lots should be installed prior to certificates of occupancy being issued for those lots. The specific timing of the landscaping should be addressed in the legal papers for the final plat. Some of the speakers at the December 16 meeting expressed a concern that the connection of Sterling Drive to Wintergreen Drive will result in an unreasonable amount of traffic on Sterling Drive. They complained about cars currently speeding in the neighborhood. The Commission asked staff to evaluate the traffic patterns in the area. Sterling Drive has always been planned to extend to the east and to connect to a collector street (Wintergreen Drive), which provides access to Scott Boulevard and the arterial street network. Based on the density of development and the circuitous route of Wintergreen and Sterling Drives and Dover Street, staff does not believe that traffic volume will exceed that of a typical residential street. Connection of Sterling Drive to Wintergreen Drive will provide for a secondary emergency access for the existing ~ ~O~TIO~: Village Green, Wintergreen Dr. REZO~-OOO17/~UBO~-O~l 7 ATTACHMENTS: 1. OPDH plan approved in 1993 2. Preliminary OPDH plan 3. Elevations 4. Sketch depicting alternative design Approved Karih Frankiin, Director, Del~artment of Planning and Community Development City of Iowa City MORANDUM Date: January 14, 2005 To: Planning and Zoning Commission From: Robed Miklo Re: REZ04-00017/SUB04-00017 On January 14, the applicant submitted a concept plan and elevation drawings for the zero-lot line dwellings (lots 65- 84 and lots 131-134) proposed for Village Green Part XXIII and XXIV. Given the late submittal staff has not completed a review. We will try to have a memo and recommendation prepared for the January 20 meeting. ILLUSTRATION A1 ilIE %11i PLANS IIIUSIRAIII) IIEREON ARE IN IENDED IO [~E IllUSTRATIVE OF IHE DESIRED CHARACrER OF DEVELOPMENT AND SIIALL NOI BE CONSTRUED TO BE LOT SPECIFIC. ILLUSTRA[IONS Al, A2 OR B ARE CONSIDERED APPROPITIAII ~OR LOIS 65 TIIR()UGIJ 72, ALL iLLUSTRATIONS ARE CONSIDERED APPROPRIATE FOR LOTS 75 THROUGH 84 1.31 INROUGH 1,34, ILLUSTRATION A2 DESIGN CONSIDERATIONS: ILLUSTRATION ILLUSTRATION C II_LUSTRATION D Prepared by: Robert Miklo, PCD, 410 E. Washington Street, Iowa City, iA 52240; 319-356-5240 (REZ04-0005) ORDINANCE NO. 05-4151 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE ZONING DESIGNATION FROM MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL, RS-8, TO SENSITIVE AREAS OVERLAY/MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL, SAO/RS-8, ZONE AND A PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN FOR OLDE TOWNE VILLAGE. WHEREAS, the owner, Plum Grove Acres, Inc. has requested rezoning of this property from RS-8 to SAO-8 to allow the development of a mixture of single-family homes, zero-lot line dwellings and townhouse style multi-family buildings on property containing a wetland; and WHEREAS, the Sensitive Areas Development Plan includes the removal of some Iow quality wetland areas to be mitigated in a larger reconstructed wetland; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and Sensitive Areas Development Plan and has found that it complies with the requirements of the Sensitive Areas Overlay Zone and the Conditional Zoning Agreement agreed to by the applicant and the City with the approval of the annexation and rezoning of this property in 2002 (ordinance number 02-4002); and 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 Single-Family Residential, RS-8, to Sensitive Areas Overlay/Medium Density Single-Family Residential, SAO/RS-8, and the associated Sensitive Areas Development Plan is hereby approved: Commencing at the Center of Section 7, Township 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N85°46'1 I"W, along the centerline of Lower Branch Road SE, 1836.47 feet; Thence N01°19'52"E, 33.02 feet to a point an the northerly line of Lower West Branch Road SE and the Point of Beginning; Thence N86°46'1 I"W, along said northerly right-of-way line, 472.36 feet; Thence northwesterly, 220.86 feet along said northerly right-of-way line and an arc ora 542.00 foot radius curve, concave northeasterly, whose 219.34 foot chord bears N75°05'45"~V to a point on the east line of Auditor's Parcel 97040 as recorded in Plat Book 37 at Page 347 in the records of the Johnson County Recorder; Thence N00°35'42"E, along said east line, 489.17 feet; Thence N89°24'18"W, along the north line of said Auditor's Parcel 97040, a distance of 250.00 feet, to a point on the easterly right-of-way line of Scott Boulevard; Thence N00°35'42"E, along said easterly right-of-way line, 398.14 feet; Thence nodhwesterly, 80.15 feet along said easterly right-of-way line and an arc of 1050.00 foot radius curve, concave southwesterly, whose 80.13 foot chord bears N01°35'32"W; Thence northeasterly, 137.43 feet along an arc of a 720.00 foot radius curve, concave northwesterly, whose 137.22 foot chord bears N81°49'30"E; Thence N76°21'24"E, 402.01 feet; Thence northeasterly, 203.93 feet, along an arc of a 780.00 foot radius curve, concave southeasterly, whose 203.35 foot chord bears N83°50'48"E; Thence S88°40'08"E, 225.47 to the Northwest corner of Lot 2 of Tegler Subdivision, as recorded in Plat Book 25 at Page 42, records of Johnson County, Iowa; Thence S01°19'52"W, along the westerly line of said Lot 2, a distance of 1184.21 feet to said Point of Beginning containing 21.00 acres and 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 as provided by law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of the ordinance and the Sensitive Areas Ordinance No. 05-4151 Page 2 Development Plan and to record the same at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and pads of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or pad 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 pad thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication, as required by law.  nd approved this ]Sth day of February ,20 05 . MARCOR Pro rem CITY CLERK Approved by Cit~-A{tom~'s Om~e -- ppdadmin/ord/plumgrove.doc Ordinance No. NR-~.IR1 Page .3 It was moved by Vanderhoef and seconded by Bail e.y 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 2/]./05 Voteforpassage: AYES: Champion, Elliott, Lehman, 0'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration ................. Vote for passage: Date published 2/23/05 Moved by Vanderhoef, seconded by Bailey, that the rule requiring ordinances to be considered and voted on for passage at two Countil meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: Lehman. Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING THE IOWA CITY CHARTER, CHAPTER I (DEFINITIONS) AND SECTIONS 2.03 (ELIGIBILITY), 2.05 (COMPENSATION), 2.11 (COUNCIL ACTION), 2.12 (PROHIBITIONS), 3.01 (NOMINATION), 3.02 (PRIMARY ELECTION), 4.03 (ABSENCE; DISABILITY OF CITY MANAGER), 4.04 (DUTIES OF CITY MANAGER), 5.02 (APPOINTMENT; REMOVAL), 5.03 (RULES), 6.02 (DISCLOSURE OF CONTRIBUTIONS AND EXPENDITURES), 6.03 (DEFINITION), 6.04 (VIOLATIONS), 7.01 (GENERAL PROVISIONS), 7.02 (COMMENCEMENT OF PROCEEDINGS; AFFIDAVIT), 7.03 (PETITIONS; REVOCATION OF SIGNATURES), 7.04 (PROCEDURE AFTER FILING), 7.05 (ACTION ON PETITIONS), 7.06 (RESULTS OF ELECTION), 8.01 (CHARTER AMENDMENTS), AND 8.02 (CHARTER REVIEW COMMISSION) AS RECOMMENDED BY THE CHARTER REVIEW COMMISSION. WHEREAS, the Iowa City Charter provides for the establishment of a Charter Review Commission at least once every ten (10) years; WHEREAS, the City Council did appoint a nine (9) member Commission to review the Charter on March 16, 2004 in Resolution No. 04-88; WHEREAS, the Charter Review Commission met twenty-four (24) times to review the Charter and held three (3) public hearings; WHEREAS, the Charter Review Commission made its recommendations to Council on January 18, 2005; and WHEREAS, it is in the best interest of the City to adopt said recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE CI'TY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS 1. The "Definition" provision in the Charter is hereby amended by repealing the definition of "ordinance" and adding the following new definition: "Ordinance" means a City law of a general and permanent nature. 2. The "Definition" provision of the Charter is hereby amended by repealing the definition of "measure" and adding the following new definition: "Measure" except as provided in Article VII, means an ordinance, amendment, resolution or motion. 3. Article II, entitled "City Council," Section 2.03, entitled "Eligibility," is hereby amended by repealing 2.03 in its entirety and adding the following new Section 2.03: To be eligible to be elected to and to retain a Council position, a person must be an eligible elector of Iowa City, and if seeking or elected to represent a Council District, must be an eligible elector of that Council District. 4. Article II, entitled "City Council," Section 2.05, entitled "Compensation," is hereby amended by repealing 2.05 in its entirety and adding the following new Section 2.05: The Council, by ordinance, shall prescribe the compensation of the Mayor and the other Council members. The Council shall not adopt such an ordinance during the months of November and December immediately following a regular City election. 5. Article II, entitled "City Council," Section 2.11, entitled "Council action," is hereby amended by repealing 2.1 lin its entirety and adding the following new Section 2.11: Passage of an ordinance, amendment or resolution requires a majority vote of all the members of the Council except as otherwise provided by State law. 6. Article II, entitled "City Council," Section 2.12, entitled "Prohibitions," Paragraph B is hereby amended by repealing B in its entirety and adding the following new Paragraph B: B. With the exception of the appointment of the chief of the police department and chief of the fire department, which are subject to approval of the City Council, neither the Council nor its members may dictate, in any manner, the appointment or removal of any person appointed by the City Manager. However, the Council may express its views to the City Manager pertaining to the appointment or removal of such employee. Ordinance No. Page 2 7. Article Ill, entitled "Nomination, Primary Election and Regular Election," Section 3.01, entitled "Nomination," Paragraph A is hereby amended by repealing Paragraph A in its entirety and adding the following new Paragraph A: A. An eligible elector of a council district may become a candidate for a council district seat by filing with the City Clerk a valid petition 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 than 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. 8. Article III, entitled "Nomination, Primary Election and Regular Election," Section 3.02, entitled "Primary Election," Paragraph A is hereby amended by repealing Paragraph A in its entirety and adding the following new Paragraph A: A. If there are more than two candidates for a Council District seat, a primary election must be held for that seat with only the qualified electors of that Council District eligible to vote. The names of the two candidates who receive the highest number of votes in the primary election are to be placed on the ballot for the regular City election as candidates for that Council seat. 9. The title to Section 4.03 of Article IV is hereby amended by repealing the title in its entirety and adding the following new title to Section 4.03: Absence; disability of City Manager. 10. The title to Section 4.04 of Article IV is hereby amended by repealing the title in its entirety and adding the following new title to Section 4.04: Duties of City Manager 11. Article IV, entitled "City Manager," Section 4.04, entitled "Duties of city manager," Paragraph A is hereby amended by repealing Paragraph A in its entirety and adding the following new Paragraph A: A. The City Manager shall be chief administrative officer of the City and shall: (1) Insure that the laws of the City are executed and enforced. (2) Supervise and direct the administration of City government and the official conduct of employees of the City appointed by the City Manager including their employment, training, reclassification, suspension or discharge as the occasion requires, subject to State law. (3) Appoint the chief of the police department and the chief of the fire department with the approval of the City Council. (4) Supervise the chief of the police department and chief of the fire department, including their suspension or discharge as the occasion requires. Such supervision shall not be subject to approval of the City Council. (5) Appoint or employ persons to occupy positions for which no other method of appointment is provided by State law or this Charter. (6) Supervise the administration of the City personnel system, including the determination of the compensation of all City employees appointed by the City Manager subject to State law or this Charter. (7) Supervise the performance of all contracts for work to be done for the City, supervise all purchases of materials and supplies, and assure that such materials and supplies are received and are of specified quality and character. (8) Supervise and manage all public improvements, works and undertakings of the City, and all City-owned property including buildings, plants, systems, and enterprises, and have charge of their construction, improvement, repair and maintenance except where otherwise provided by State law. (9) Supervise the making and preservation of all surveys, maps, plans, drawings, specifications and estimates for the City. (10) Provide for the issuance and revocation of licenses and permits authorized by State law or City ordinance and cause a record thereof to be maintained. (11) Prepare and submit to the Council the annual budgets in the form prescribed by State law. (12) Provide the Council an itemized written monthly financial report. (13) Attend Council meetings and keep the Council fully advised of the financial and other conditions of the City and its needs. (14) See that the business affairs of the City are transacted in an efficient manner and that accurate records of all City business are maintained and made available to the public, except as otherwise provided by State law. (15) Provide necessary and reasonable clerical, research and professional assistance to Boards Ordinance No. Page 3 within limitations of the budget. (16) Perform such other and further duties as the Council may direct. 12. Article V, entitled "Boards, Commission and Committees," Section 5.02, entitled "Appointment; removal," is hereby amended by repealing Section 5.02 in its entirety and adding the following new Section 5.02: The Council shall, subject to the requirements of State law, seek to provide broad representation on all Boards. The Council shall establish procedures to give at least thirty days' notice of vacancies before they are filled and shall encourage applications by citizens. Council procedures for the removal of members shall be consistent with State law. 13. Article V, entitled "Boards, Commission and Committees," Section 5.03, entitled "Rules," is hereby amended by repealing Paragraph A in its entirety and adding the following new Paragraph A: A. The Council shall establish rules and procedures for the operation of all Boards, which must include but are not limited to, the adoption of by-laws and rules pertaining to open meetings and open records. 14. Article VI, entitled "Campaign Contributions and Expenditures," Section 6.02, entitled "Disclosure of contributions and expenditures," is hereby amended by repealing Section 6.02 in its entirety and adding the following new Section 6.02: The Council, by ordinance, may prescribe procedures requiring the disclosure of the amount, source and kind of contributions received and expenditures made by (1) each candidate for election to Council and (2) any and all other persons, for the purpose of aiding or securing the candidate's nomination or election. 15. Article VI, entitled "Campaign Contributions and Expenditures," Section 6.03, entitled "Definition," is hereby amended by repealing Section 6.03 in its entirety and adding the following new Section 6.03: Within this article "contribution" shall be defined as that term is defined in Chapter 56 ("Campaign Finance") of the Code of Iowa. 16. Article VI, entitled "Campaign Contributions and Expenditures," Section 6.04, entitled "Violations," is hereby amended by repealing Section 6.04 in its entirety and adding the following new Section 6.04: The Council, by ordinance, shall prescribe: (1) penalties for the violation of the contribution limitations and disclosure requirements it establishes pursuant to this section; and (2) when appropriate, conditions for the revocation of a candidate's right to serve on Council if elected, consistent with State law. 17. Article VII, entitled "Initiative and Referendum," Section 7.01, entitled "General provisions," is hereby amended by repealing Section 7.01 in its entirety and adding the following new Section 7.01: A. Authority. (1) Initiative. The qualified electors have the right to propose measures to the Council and, if the Council fails to adopt a measure so proposed without any change in substance, to have the measure submitted to the voters at an election. (2) Referendum. The qualified electors have the right to require reconsideration by the Council of an existing measure and, if the Council fails to repeal such measure, to have it submitted to the voters at an election. (3) Definition. Within this article," measure" means all ordinances, amendments, resolutions or motions of a legislative nature, however designated, which (a) are of a permanent rather than temporary character and (b) include a proposition enacting, amending or repealing a new or existing law, policy or plan, as opposed to one providing for the execution or administration of a law, policy or plan already enacted by Council. B. Limitations. (1) Subject matter. The right of initiative and referendum shall not extend to any of the following: (a) Any measure of an executive or administrative nature. (b) The City budget. (c) The appropriation of money. (d) The levy of taxes or special assessments. (e) The issuance of General Obligation and Revenue Bonds. (f) The letting of contracts. (g) Salaries of City employees. (h) Any measure required to be enacted by State or federal law. (i) Amendments to this Charter. Ordinance No. Page 4 (j) Amendments affecting the City Zoning Ordinance or the land use maps of the Comprehensive Plan, including the district plan maps. (k) Public improvements subsequent to City Council action to authorize acquisition of property for that public improvement, or notice to bidders for that public improvement, whichever occurs earlier. "Public improvement" shall mean any building or construction work. (2) Resubmission. No initiative or referendum petition shall be filed within two years after the same measure or a measure substantially the same has been submitted to the voters at an election. (3) Council repeal, amendment and reenactment. No measure proposed by initiative petition and adopted by the vote of the Council without submission to the voters, or adopted by the voters pursuant to this article, may for two years thereafter be repealed or amended except by a vote of the people, unless provision is otherwise made in the original initiative measure. No measure referred by referendum petition and repealed by the vote of the Council without submission to the voters, or repealed by the voters pursuant to this article, may be reenacted for two years thereafter except by vote of the people, unless provision is otherwise made in the original referendum petition. C. Construction. (1) Scope of power. It is intended that this article confer broad initiative and referendum powers upon the qualified electors of the City. (2) Initiative. It is intended that (a) no initiative petition will be invalid because it repeals an existing measure in whole or in part by virtue of proposing a new measure and (b) an initiative petition may amend an existing measure. (3) Referendum. It is intended that a referendum petition may repeal a measure in whole or in part. D. Effect of filing petition. The filing of an initiative or referendum petition does not suspend or invalidate any measure under consideration. Such measure shall remain in full force and effect until its amendment or repeal by Council pursuant to Section 7.05A or until a majority of the qualified electors voting on a measure vote to repeal or amend the measure and the vote is certified. E. City obligations. An initiative or referendum vote which repeals an existing measure in whole or in part does not affect any obligations entered into by the City, its agencies or any person in reliance on the measure during the time it was in effect. 18. Article VII, entitled "Initiative and Referendum," Section 7.02, entitled "Commencement of proceedings; affidavit," is hereby amended by repealing Section 7.02 in its entirety and adding the following new Section 7.02: A. Commencement. One or more qualified electors, hereinafter referred to as the "petitioners," may commence initiative or referendum proceedings by filing with the City Clerk an affidavit stating they will supervise the circulation of the petition and will be responsible for filing it in proper form, stating their names and addresses and specifying the address to which all relevant notices are to be sent, and setting out in full the proposed initiative measure or citing the measure sought to be reconsidered. B. Affidavit. The City Clerk shall accept the affidavit for filing if on its face it appears to have signatures of one or more qualified electors. The City Clerk shall issue the appropriate petition forms to the petitioners the same day the affidavit is accepted for filing. The City Clerk shall cause to be prepared and have available to the public, forms and affidavits suitable for the commencement of proceedings and the preparation of initiative and referendum petitions. 19. Article VII, entitled "Initiative and Referendum," Section 7.03, entitled "Petitions; revocation of signatures," is hereby amended by repealing Paragraphs B, C, and E in their entirety and adding the following new Paragraphs B, C, and E: B. Form and content. All papers of a petition prepared for filing must be substantially uniform in size and style and must be assembled as one instrument. Each person signing shall provide, and the petition form shall provide space for, the signature, printed name, address of the person signing and the date the signature is executed. The form shall also provide space for the signer's birthdate, but a failure to enter a birthdate shall not invalidate a signer's signature. Petitions prepared for circulation must contain or have attached thereto throughout their circulation the full text of the measure proposed or sought to be reconsidered. The petition filed with the City Clerk need have attached to it only one copy of the measure being proposed or referred. C. Affidavit of circulator. Each paper of a petition containing signatures must have attached to it when filed an affidavit executed by a qualified elector certifying: the number of signatures on the paper, that he or she personally circulated it, that all signatures were affixed in his or her presence, that he or she believes them to be genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the measure proposed or sought to Ordinance No. Page 5 be reconsidered. Any person filing a false affidavit will be liable to criminal penalties as provided by State law. E. Time for filing referendum petitions. Referendum petitions may be filed within sixty days after final adoption by the Council of the measure sought to be reconsidered, or subsequently at any time more than two years after such final adoption. The signatures on a referendum petition must be secured during the sixty days after such final adoption; however, if the petition is filed more than two years after final adoption, the signatures must be secured within six months after the date the affidavit required under Section 7.02A was filed. 20. Article VII, entitled "Initiative and Referendum," Section 7.04 entitled "Procedure after filing," is hereby amended by repealing Paragraphs A, B, and C in their entirety and adding the following new Paragraphs ^, B, and C: A. Certificate of City Clerk; amendment. Within twenty days after a petition is filed which contains the minimum required signatures, as set forth in Section 7.03.A above, the City Clerk shall complete a certificate as to the petition's sufficiency. If the petition is insufficient, the Clerk's certificate shall specify the particulars wherein the petition is defective. The Clerk shall also promptly send a copy of the certificate to the petitioners by registered mail. A petition certified insufficient may be amended once, provided, however, that one or more of the original petitioners files a notice of intention to amend the original petition. Such notice must be filed with the City Clerk within two days after receiving a copy of the certificate, and the petitioner also must file a supplementary petition upon additional papers within fifteen days after receiving a copy of such certificate. Such supplementary petition shall comply with the requirements of subsections B and C of Section 7.03. Within fifteen days after a supplementary petition is filed, the City Clerk shall complete a certificate as to the sufficiency of the petition, as amended and supplemented, and shall promptly send a copy of such certificate to the petitioners by registered mail, as in the case of an original petition. If a petition or amended petition is certified sufficient, or if the petition or amended petition is certified insufficient and one or more of the petitioners do not request Council review under subsection B of this Section within the time prescribed, the City Clerk shall promptly present the certificate to the Council. B. Council review. If a petition has been certified insufficient by the City Clerk and one or more of the petitioners do not file notice of intention to amend it, or if an amended petition has been certified insufficient by the City Clerk, one or more of the petitioners may, within two days after receiving a copy of such certificate, file with the City Clerk a request that it be reviewed by the Council. The Council shall review the certificate at its next meeting following the filing of such a request, but not later than thirty days after the filing of the request for review, and shall rule upon the sufficiency of the petition. C. Court review. To the extent allowed by law, Court review of the Council's actions shall be by writ of certiorari. 21. Article VII, entitled "initiative and Referendum," Section 7.05, entitled "Action on petitions," is hereby amended by repealing Section 7.05 in its entirety and adding the following new Section 7.05: A. Action by council. When an initiative or referendum petition has been determined sufficient, the Council shall promptly consider the proposed initiative measure or reconsider the referred measure. If the Council fails to adopt a proposed initiative measure and fails to adopt a measure which is similar in substance within sixty days, or if the Council fails to repeal the referred measure within thirty days after the date the petition was finally determined sufficient, it shall submit the proposed or referred measure to the qualified electors of the city as hereinafter prescribed. If at any time more than thirty days before a scheduled initiative or referendum election the Council adopts the proposed initiative measure or adopts a measure which is similar in substance or if the Council repeals a referred measure, the initiative or referendum proceedings shall terminate and the proposed or referred measure shall not be submitted to the voters. B. Submission tovoters. (1) Initiative. The vote of the City on a proposed measure shall be held at the regular city election or at the general election which next occurs more than forty days after the expiration of the sixty day period provided for consideration in Section 7.05A, provided that the initiative petition was filed no less than 110 days prior to the deadline imposed by state law for the submission of ballot questions to the Commissioner of Elections. (2) Referendum. The vote of the City on a referred measure shall be held at the regular city election or at the general election which next occurs more than forty days after the expiration of the thirty- day period provided for reconsideration in Section 7.05A, provided that the referendum petition was filed no less than 80 days prior to the deadline imposed by state law for the submission of ballot questions to the Commissioner of Elections. The Council may provide for a special referendum election on a referred measure any time more than 120 days after the filing of the referendum petition with the City Clerk. Ordinance No. Page 6 C. Ballot. Copies of the proposed or referred measure shall be made available to the qualified electors at the polls and shall be advertised at the city's expense in the manner required for "questions" in Section 376.5 of the Iowa Code. The subject matter and purpose of the referred or proposed measure shall be indicated on the ballot. 22. Article VII, entitled "Initiative and Referendum," Section 7.06, entitled "Results of election," is hereby amended by repealing Section 7.06 in its entirety and adding the following new Section 7.06: A. Initiative. If a majority of the qualified electors voting on a proposed initiative measure vote in its favor, it shall be considered adopted upon certification of the election results. The adopted measure shall be treated in all respects in the same manner as measures of the same kind adopted by the Council, except as provided in Section 7.01B(3). If conflicting measures are approved by majority vote at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. B. Referendum. If a majority of the qualified electors voting on a referred measure vote in favor of repealing the measure, it shall be considered repealed upon certification of the election results. 23. Article VIII, entitled "Charter Amendments and Review," Section 8.01, entitled "Charter amendments," is hereby amended by repealing Section 8.01 in its entirety and adding the following new Section 8.01: This Charter may be amended only by one of the following methods: A. The Council, by resolution, may submit a proposed amendment to the voters at a special city election, and the proposed amendment becomes effective when approved by a majority of those voting. B. The Council, by ordinance, may amend the Charter. However, within thirty (30) days of publication of the ordinance, if a petition valid under the provisions of section 362.4 of the Code of Iowa is filed with the council, the Council must submit the amending ordinance to the voters at a special city election, and the amendment does not become effective until approved by a majority of those voting. C. If a petition valid under the provisions of section 362.4 of the Code of Iowa is filed with the Council proposing an amendment to the Charter, the Council must submit the proposed amendment to the voters at a special city election, and the amendment becomes effective if approved by a majority of those voting. 24. Article VIII, entitled "Charter Amendments and Review," Section 8.02, entitled "Charter review commission," is hereby amended by repealing Section 8.02 in its entirety and adding the following new Section 8.02: The Council, using the procedures prescribed in Article V, shall establish a Charter Review Commission at least once every ten years following the effective date of this Charter. The Commission, consisting of at least nine members, shall review the existing Charter and may, within twelve months recommend any Charter amendments that it deems fit to the Council. The Council shall either exercise its power of amendment pursuant to Section 8.01B of the Charter on a matter recommended by the Commission or submit such amendments to the voters in the form prescribed by the Commission, and an amendment becomes effective when approved by a majority of those voting. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,2005. MAYOR ATTEST: CITY CLERK A/~~oved by ~ity Attorney's Office Sue~OrdRes\ChtrOrd#1 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/!/05 Voteforpassage: AYES: Bailey, Champion, E11iott, Lehman, 0'Donne11, Vanderhoef, Wilburn. NAYS: None. ABSENT: None. Second Consideration 2/15/05 Voteforpassage: AYES: Champion, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: Lehman. Date published