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Home My WebLink About1998-07-28 OrdinancePrepared by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. 98-3840 AN ORDINANCE VACATING THE NORTHERN 200 FEET OF THE ALLEY BETWEEN LAFAYETTE STREET AND BENTON STREET, WEST OF DUBUQUE STREET WHEREAS, the City of Iowa City wishes to vacate the northern 200 feet of the alley between Lafayette Street and Benton Street, west of Dubuque Street; and WHEREAS, Hawkeye Lumber Company, which owns property on both sides of the northern 200 feet of the alley, requested the City vacate the alley; and WHEREAS, Hawkeye Lumber Company wishes to use the alley for outdoor storage of materials, which is a permitted use in the C1-1, Intensive Commercial zone; and WHEREAS, a sanitary sewer easement and an easement for US West will be retained over the alley right-of-way and no structures will be permitted to be constructed within these easements; and WHEREAS, the City intends to lease the property to Hawkeye Lumber Company for their use and will retain ownership of the right-of-way, allowing the right-of-way to be re-dedicated as public right-of-way if the area redevelops in the future. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I, VACATION. Subject to the retention of a public sanitary sewer easement and all private utility easements, the City of Iowa City hereby vacates the portion of the alley between Lafayette Street and Benton Street, west of Dubuque Street, legally described as follows: The Northern 200 feet of the 20 foot wide alley of Block 27, Plat of an addition of lots to Iowa City, as laid off as the County Seat of Johnson County, Laid off by F.H. Lee, County Agent, June 20, 1848, according to the plat thereof recorded in Book I and 2, Page 301, Deed Records of Johnson County, Iowa. Ordinance No. 98-3840 Page 2 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 All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.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 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 28th day of ,luly ,1998. A'I'FEST: CITY CLERK ppdadmin~rdUaroenal.doc Ordinance No. 98-3840 Page 3 It was moved by Thornberry and seconded by O'Donnell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry X Vanderhoef First Consideration 7/7/98 Vote for passage: AYES: Thornberry, Vanderhoef, Champion, Kubby, Lehman, Norton, 0'Donnell. NAYS: None. ABSENT: None. Second Consideration 7/9/98 Vote for passage: AYES: 0'Donnell, Thornberry, Vanderhoef, Champion, Kubby, Lehman, Norton. NAYS: None. ABSENT: None. Date published 8/5/98 Iowa City Fire Department Serving With Pride & Professionalism 410 East Washington St. Iowa City, Iowa 52240 (319) 356-5260 DATE: July 24, 1998 TO: FROM: RE: The Honorable Mayor and City Council Members Andrew J. Rocca, Fire Chief ~.~ Proposed Fire Department Ordinances Following are brief explanations of proposed Fire Department ordinances for your review. I will be in attendance at the special Council meeting on July 27, 1998, to address your questions. Fire Lanes Historically, the Police and Fire departments have not been able to enforce fire lane parking restrictions on private property without the owner's permission. The Fire Department has identified the need to designate fire lanes to ensure proper access to facilities and buildings during emergency response. This amendment would provide the Fire Department with the authority to designate fire lanes. In addition, the Police Department will have the authority to impose a simple misdemeanor for violation of fire lane parking restrictions. Confined Space Rescue Occupational Safety and Health Administration (OSHA) regulations require employees in general industry and governmental units to develop procedures for in-house or outside rescue services for permit-required confined space response. The Iowa City Fire Department is trained and equipped to provide this rescue service. In order to maintain this program, the City will incur ongoing expenses for training and equipment. This amendment will allow for establishing and assessing fees to support the annual costs associated with permit-required confined space rescue and recovery operations. False Fire Alarms The Fire Department incurs significant costs in responding to repeat false alarms caused by careless use, improper maintenance, and equipment malfunctions of fire alarms. Currently, a full structure alarm response includes: 2 engine companies, 1 aerial ladder truck, and 1 Battalion Chief, for a total of $535.00 per hour. This amendment would provide an incentive to alarm owners and/or users to better maintain and/or upgrade alarm systems by providing for graduated fee charges for responding to false alarms. The fee charges could be waived if the alarm owner and/or user upgrades to a more reliable alarm system. Your utmost consideration of these proposed ordinances is appreciated. AJR/bdm Prepared by Marian K. Karr, City Clerk, 410 E. Washington, Iowa City, IA 52240; 319/356-5041 ORDINANCE NO. 98-3841 AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 3, ARTICLE B, ENTITLED "PROJECT SPECIFIC TAP-ON FEES," TO CLARIFY THE PLAT PROCEDURES REQUIRED FOR THE ADOPTION OF A PROJECT SPECIFIC TAP-ON FEE AND CHAPTER 4, ARTICLE F, "SCHEDULE OF FEES" TO CORRECT A SCRIVENER'S ERROR IN THE NORTHWEST SANITARY SEWER PROJECT WHEREAS, the City Council has adopted enabling legislation outlining the procedures required for the adoption of project specific tap- on fees; and WHEREAS, experience with implementing project specific tap-on fee ordinances under the outlined procedures has revealed the need to clarify certain provisions of the ordinance regarding procedures for depicting and describing the utility; and WHEREAS, the proposed amendments to the Project Specific Tap-on Fees Ordinance are intended to make the ordinance more practical to implement and easier to understand; and WHEREAS, a scrivener's error was detected in the "Schedule of Fees" for the Northwest Sanitary Sewer Project which when corrected would result in a reduction in the fee per acre. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION Io AMENDMENT. A. Amend subsection 14-3B-3, entitled "Procedures for Ordinance Adoption" by repealing subsection 14-3B-3D3 in its entirety and adding a new subsection 14- 3B-3D3 as follows: 3) A legal description of the utility constructed. A plat of the utility constructed shall be recorded in the office of the Johnson County Recorder and placed on file in the office of the City Engineer. Said plat shall be incorporated in the ordinance by reference. Ordinance No. 98-3841 Page 2 B. Amend subsection 14-3B-4F, entitled "Schedule of Fees" by correcting the scrivener's error in subarea H, Fee Per Acre, to read $2,017.44. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION IlL 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 28th day of July , 19 98 · ATTEST: :~ 7~. ~:~~ C RK City Attorney's Office clerk\ord\tapon .doc Ordinance No. 98-3841 Page 3 It was moved by Thornberry and seconded by Ordinance as read be adopted, and upon rollcalltherewere: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thomberry X Vanderhoef Norton that the First Consideration 7/7/98 Vote for passage: AYES: Lehman, Norton, 0'Donnell, Thornberry, Vanderhoef, Champion, Kubby. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 8/5/98 Moved by Thornberry, seconded by. Vanderhoef, that the rule requiring ordinances to be considered and voted on for passage at two Council 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: Vanderhoef, Champion, Lehman, Norton, O'Donnell, Thornberry. NAYS: Kubby. ABSENT: None.