HomeMy WebLinkAbout1998-11-03 OrdinancePrepared by: Robed Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
ORDINANCE NO. 98-3854
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE USE
REGULATIONS OF 21.8 ACRES OF LAND
LOCATED WITHIN THE SUMMIT STREET
HISTORIC DISTRICT FROM RS-8, MEDIUM
DENSITY SINGLE-FAMILY RESIDENTIAL, TO
RS-5, LOW DENSITY SINGLE-FAMILY
RESIDENTIAL.
WHEREAS, several properties owners within
the Summit Street Historic District have requested
that portions of the historic district be rezoned
from RS-8, Medium Density Single-Family, to
RS-5, Low Density Single-Family; and
WHEREAS, the Comprehensive Plan
including the Preservation Plan encourage the
use of the Zoning Ordinance to protect the
character of historic districts; and
WHEREAS, the existing development within
the Summit Street Historic District generally
conforms to the RS-5 zoning distdct requirements;
and
WHEREAS, the existing RS-8 zoning
classification would allow the redevelopment and
a change in character of many of the properties
within the historic district; and
WHEREAS, the Iowa City Planning and
Zoning Commission reviewed the requested
rezoning and recommended approval.
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 present
classification of RS-8, Medium Density Single-
Family Residential, to RS-5, Low Density Single-
Family Residential:
An area consisting of the Original Town Plat,
OL-1, beginning at the northeast corner of Lot
20, Block 2, Berryhill's Second Addition,
thence north 161.7 feet along the westerly
right-of-way line of Summit Street, thence
west 237.9 feet, thence south 161.7 feet,
thence east following the northern lot line of
Lot 20, Block 2, BerryhiIl's Second Addition to
the point of beginning.
Said area also to contain Lots 11 through 20
of Berryhill's Second Addition, Block Two.
Ordinance No.
Page 2
98-3854
Said area also to contain Lots A, B. C, D, X,
Y and Z of Jerome's Addition.
Said area also to contain the lots of land
located within the area beginning at the
southeast corner of Lot A, Jerome's
Addition, thence west along the south lot
lines of Lots A, B. C and D, Jerome's
Addition, to a point located at the southwest
corner of Lot D, Jerome's Addition, thence
south to a point located at the southeast
corner of Lot 11, Block 2, Strohm's Addition,
thence southeasterly along the northern
right-of-way of the Chicago, Rock Island and
Pacific Railroad to a point located at the
intersection of the western right-of-way line
of Summit Street and the northern
right-of-way of the Chicago, Rock Island and
Pacific Railroad, thence north to the point of
beginning.
Said area also to contain Lots 1, 2, and 5,
Regan's First Addition, Block 1.
Said area also to contain the west 163.5 feet
of Lot 1; the west 169 feet of Lot 2; the west
197 feet of Lot 3; the west 197 feet of Lot 4;
the west 197 feet of Lot 5; the west 208 feet
of Lot 6 of Block 3, Summit Hill Addition.
Said area also to contain the west 167 feet
of Lot 1; the west 167 feet of Lot 2; all except
the east 125 feet of Lot 3; the west 159.37
feet of the south 58.01 feet of Lot 4 and the
west 177.62 feet of the north 58.01 feet of
Lot 4; the west 202 feet of Lot 5; the west
186.6 feet of the next adjoining northern lot
to Lot 5 (70 feet); the west 172 feet of the
second adjoining northern lot to Lot 5 (45
feet); the west 172 feet of the third adjoining
northern lot to Lot 5 (50 feet); the west 172
feet of the fourth adjoining northern lot to Lot
5 (60 feet); the west 192 feet of the fifth
adjoining northern lot to Lot 5 (138 feet).
Said area also to contain Lots 23 and 24,
and part of Lots 1 and 2, of Kaufman's
Addition, beginning at the southwest corner
of Lot 24, thence east 213.6 feet to the
southeast corner of Lot 23, thence north 150
feet along the east line of said Lot 23 and
extended 52.7 feet, thence west 40 feet,
thence north 24 feet, thence west 173.6 feet
to a point on the west line of Lot 1, thence
south 226.7 feet to the point of beginning.
SECTION II, ZONING MAP. The Building Official
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 III. REPEALER. All ordinances and
parts of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
Ordinance No.
Page 3
98-3854
SECTION IV, SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudgecl 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 V. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 3f'd day of
Nove j~.99~~_~~
·
//~<'~'~CICITY CLERK
City Attorney's Office
ppdadrnin~l~surnmit.doc
Ordinance No. 98-3854
Page 4
It was moved by Thornberry and seconded by
O~inanceasread be adopted, and upon rollcalltherewere:
AYES: NAYS: ABSENT:
Champion
X Kubby
X Lehman
X Norton
X O'Donnell
× Thomberry
'X Vanderhoef
0 ' Donnel 1 that the
ABSTAIN:
X
First Consideration 10/6/98
Vote for passage: AYES: Lehman ,Norton ,0' Donnel 1, Thornberry,
Vanderhoef, Kubby, NAYS: None. ABSENT: Champion.
Second Consideration 10/20/98
Votefor passage:AYES: Norton, O'Donnell, Thornberry, Vanderhoef,
Kubby, Lehman. NAYS: None. ABSENT: None. ABSTAIN: Champion.
Date published 11/11/98
STAFF REPORT
To: Planning and Zoning Commission
Prepared by: Scott Kugler
Item: SUR98-0011. Country Club Estates
First Addition
Date: August 20, 1998
RFNFRAI INFORMATION:
Applicant:
S&J Development
1040 Bryan Court
Iowa City, Iowa 52245
Phone: 358-8730
Contact person:
Mike Speer
Phone: 358-8730
Requested action:
Preliminary plat approval
Purpose:
To create a 21 -lot residential
subdivision.
Location:
At the west terminus of Phoenix Drive.
Size:
10.82 acres
Existing land use and zoning:
Undeveloped, RS-5 and RR-1
Surrounding land use and zoning:
North:
East:
South:
West:
County Care Facility, P;
Residential, RS-5 and RR-1;
Agricultural, undeveloped, RR-
1;
Agricultural, RR-1 and A1
(County)
Comprehensive Plan:
Residential, 2-8 dwelling units per acre
Applicable Code requirements:
Chapter 14-7, Land Subdivisions
File dat~e~:
Completed application filed on June 11,
1998
45-day limitation period:
Waived by applicant
BACKGROUND INFORMATION:
The applicant, S&J Development, is requesting preliminary plat approval of Country Club
Estates First Addition, a 21-1ot, 10.82 acre residential subdivision located at the west
2
terminus of Phoenix Drive. The plat also contains one outlot, which is to be the site of a
private recreational facility which the Board of Adjustment has already approved by special
exception. More details on this facility are provided below. This plat covers a portion of a
larger 111.16 acre property owned by the applicant.
ANAl YSIS:
The proposed preliminary plat contains a few deficiencies that will have to be addressed
before the Commission can approve the plat. Staff recommends deferral pending the
resolution of these items, listed below under Deficiencies and Discrepancies. Upon resolution
of these items, the plat will meet the technical requirements for approval.
Staff has some concerns about approving a preliminary plat for one small section of this
111.16 acre property, particularly when the zoning is not in place to develop the rest of the
property as shown on a concept plan submitted earlier by the applicant (attached). Decisions
made now will have an impact on the development of future phases. If continued, this
incremental approach may result in either the developer or the City "backing into" a poor
decision that was essentially made with the platting of earlier phases. However, the zoning
is in place to allow the development of the First Addition as proposed, and it would be
difficult to justify a recommendation for denial of the plat due to this concern. Given that this
is a relatively small portion of the overall property, staff recommends that approval be
granted to this phase of the development, provided all of the technical requirements are met,
but that the Commission indicate that a planned development application should be submitted
and approved before any further phases of the subdivision are considered. The applicant has
indicated that a planned development rezoning application is being considered for future
phases of the development.
Infrastructure: The proposed preliminary plat includes the extension of one existing street,
Phoenix Drive, as well as the platting of three new public streets. Phoenix Drive is a 31-foot
wide collector street that connects directly to Rohret Road through the Southwest Estates
subdivision, It would provide the only means of access to the lots being platted in this phase
of the development. Lake Shore Drive is a proposed collector street, also 31 feet in width,
that is shown on the concept plan as connecting to Rohret Road to the south. Staff has
some concerns about the development of this property proceeding from the north to the
south toward Rohret Road rather than the other way around. Developing the property in this
manner results in all of the traffic generated from the early phases of the development
utilizing Phoenix Drive to the east through Southwest Estates. Staff feels that at some Ix~m
a connection to Rohret Road via Lake Shore Drive should be required. This shoulcl be
addressed in a conditional zoning agreement at some point as additional development
approval is requested for other portions of this property.
Sanitary sewer and water are available to the property. Much of the acreage to the south o!
the First Addition will require the installation of a lift station to provide sanitary sewer service.
The details of how and where the lift station will be provided will have to be discussed as
that area is considered for development. The approval of this plat does not require approval
of the lift station.
Water main extension fees of $395 per acre will be required for this development. In
addition, sanitary sewer tap-on fees in the amount of 9737.18 per acre will be required for
3
property to be served by gravity sewer. Future phases of the development that cannot be
served by gravity sewer will be subject to tap-on/lift station elimination fees of an amount to
be determined.
Neighborhood Open Space: The neighborhood open space requirement for 10.82 acres in an
RS-5 zone is .25 acres. Staff recommends that the open space requirement be calculated for
this phase, noted in the legal papers, but reserved for use in another phase of the
development, as determined by the Parks & Recreation Commission when future phases of
the development are proposed. At that time it can be determined whether open space should
be dedicated or fees paid in lieu of the dedication of land.
Storm Water Management: The property included in the First Addition is located within the
Old Man's Creek watershed, for which no storm water management is required. However,
this and future phases to the south of this development will drain to a lake, to be constructed
in a future phase, which will act as a detention facility. The portion of the property lying
north of the First Addition will require storm water management when it is developed, as it is
located within the Willow Creek watershed.
Special Exception Request: As mentioned above, a special exception was granted for the
location of a club on Outlot A. Clubs are permitted by special exception in the RR-1 zone.
Outlot A is currently zoned RR-1, while the balance of the first phase is located in the RS-5
zone. The club is intended to be a community recreational facility with a pool and tennis
courts, to be limited to members of the Country Club Estates homeowners association. The
Board's approval limits the club's membership in this manner. The Board also attached a
condition which grants the applicant and the City some flexibility in the precise design and
location of the facility within the neighborhood, should changes be needed as a result of the
subdivision review process. The club will have to remain within the RR-1 zone, but the
location and configuration of Outlot A need not be limited to that shown on the site plan
associated with the special exception request (attached). Staff had recommended a
condition which would have required that the recreational facility be redesigned to be a more
visible and integral part of the neighborhood by requiring more frontage on a street within the
development. This would also have allowed some of the parking for the facility to be located
on the street rather than a parking lot, and would reduce the number of' back yards potentially
affected by activities at the facility. However, the applicant expressed a desire to have the
facility be less visible, and the Board chose not to incorporate that condition into its motion
approving the facility.
Design Issues, concept plan: The concept plan submitted with this application raises a
number of design concerns and questions regarding existing and proposed infrastructure.
These issues include the following:
· The'future extension of Rohret Road as an arterial street.
· The timing of the extension and connection of Lake Shore Drive to Rohret Road.
· The provision of adequate pedestrian connections to provide access to the recreational
facility and other open spaces within the overall development.
· The relationship between the proposed condominium and townhouse portions of the
development and areas of single-family lots.
· The design of the Rohret Road frontage, shown on the concept plan as a strip of lots
(potentially commercial sites?) located along a frontage road.
· A number of areas would require rezoning or approval through a planned development,
and staff is concerned that incremental approval in many small phases will result in a
limitation of future options regarding the zoning and development of these areas.
· The layout of this concept plan with respect to the potential development of the property
to the west.
· Neighborhood open space issues.
These issues will all have to be addressed at some point in the future, and may be
recommended to be incorporated into a conditional zoning agreement attached to the
approval of a development application for future phases of this development. The
development of the First Addition should have little or no bearing on these decisions, but the
applicant should be made aware that they will be issues to address during future phases of
the development·
STAFF RECOMMFNDATION:
Staff recommends that SUB98-0011 be deferred pending the resolution of the deficiencies
and discrepancies noted below. Upon resolution of these items, staff recommends that the
request for a preliminary plat of Country Club Estates First Addition, a 17·34 acre, 21-1ot
residential subdivision located at the west terminus of Phoenix Drive, be approved.
DFFICIFNCIES AND DISCRFPANCIFS:
There are errors in the legal description.
The street cross sections reference streets that are no longer included in the First
Addition.
Erosion control plans must be included on the plat, or on another plan submitted at this
time·
4. Public Works' review of the revised plat is not yet complete.
ATTACHMFNTS:
1. Location map.
2. Preliminary plat.
3. Special exception site plan.
4.
Concept plan for entire 111.1 6 acre property.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
I
I
I
I
I
I
I
I
I
$-
0
n-
t-
z
0
0
stool '/f410 e~aol
'PPV 3e~!:l sei~ls9 qnlO fu~unoO
~eld fueu!Lu!leJd
J
.
Z~"-NZ' ',,,,
a 0 m
\
Landmark
PRELSMINARY PLAT
COUNTRY CLUB ESTATES
lows CIty, Iowa
DEFEATED 11/3/98
Prepared by: Misha Goodman-Herbst, AnimalShelterSupervisor, 410 E. Washington Street, Iowa City, lA 52240;
319-356-5295
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 8,
ENTITLED "POLICE REGULATIONS,"
CHAPTER 4, ENTITLED "PET ANIMAL
CONTROL," OF THE CITY CODE TO PROVIDE
NEW DEFINITIONS FOR CIRCUSES AND
RODEOS, AND TO ALLOW CERTAIN
PROHIBITED ANIMALS WITHIN THE CITY AS
PART OF A CIRCUS.
WHEREAS, it is in the public interest to
provide definitions and regulations of circuses
and rodeos; and
WHEREAS, it is in the public interest to allow
certain prohibited animals within the City as
part of a circus.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. Title 8, Chapter 4, Section 1,
entitled "'Definitions", is hereby amended by
repealing the definitions of "Circus" and
"Rodeo," and adding new definitions of
"Circus" and "Rodeo" to read as follows:
CIRCUS: An event or performance where
animals such as lions, tigers, horses, and/or
other animals perform under the direction of an
animal handler or trainer for the public,
regardless of whether an admission fee is
charged. Elephants shall not be allowed as
part of any circus and are prohibited within the
City.
RODEO: A contest, exhibition, or
competition where contestants or entrants
participate in events of team penning, barrel
racing, saddle bronc riding, or bull riding. No
other events involving animals may take place
without the prior written approval of the
Director of Animal Control.
SECTION II. Title 8, Chapter 4, Section 1,
entitled "Definitions", is hereby further
amended by amending the first sentence of the
definition of "Prohibited Animals" to read as
follows:
"The following genus/species of animals
Ordinance No.
Page 2
are hereby declared to be prohibited, except as
otherwise provided in this Chapter:".
SECTION III. Title 8, Chapter 4, Section 6,
entitled "Prohibitions and Requirements",
Paragraph A, entitled "Prohibited Animals," is
hereby amended by adding a new
subparagraph number three (3) to read as
follows:
3. Prohibited animals, except for
elephants, may be allowed within the City as
part of a circus permit which is approved in
accordance with this Chapter and the rules and
regulations adopted pursuant to this Chapter,
and subject to the circus' continuing
compliance with all circus permit rules and
regulations, and local, state, and federal law.
Elephants shall not be allowed as part of any
circus and are prohibited within the City.
SECTION IV. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions 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 Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this day of
,19
MAYOR
ATTEST:
CITY CLERK
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by
Ordinance as read be adopted, and upon rollcalltherewere:
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thomberry
Vanderhoef
DEFEATED
that the
Fimt Considemtion 11/3/98
Votefor passage: AYES: Kubby. NAYS: Vanderhoef, Champion, Lehman,
Norton, O'Donnell, Thornberry. ABSENT: None.
Second Consideration
Vote for passage:
Date published
HOV--OS--98 09;81 AM TOM FROST
5159~45404 ~.02
TO:
Iowa City CIty Council, Mayor
FROM: Tom Frost. parent of an Iowa High School Rodeo memb~e~.~d
an concerened citizen :=-~:~ '~-
DATE: November 3, 1998
RE: IOwa Cily Ordinance co
I am writing to you in regards to the proposed city ordinance pertaining to
the amending Title 8 'POLICE REGULATIONS".
The proposed ordinance would only allow PRCA sanctioned events.
Iowa High School Rodeo is not a PRCA (Professional Rodeo Cowboys
Assodation) rodeo. This then means another closed door or at best
means, hurdle for Iowa's youth involved In an HIgh School event to deal
with. I can not speak for you, however I believe we Reed to open doors
for our High Schooi youth rather than closing them! For what purpose
does this ordinance serve? Mayor Lehman noted that there Is not even a
facility in Iowa City for such an event. WIth actions such as this ordinance
you can be assured that you have eliminated this opportunity to Iowa
City's High School youth.
What is the objective of having this ordinance passed in the first place? I
see no pressing problem with current regulation. I do see however. Iowa
City sending signals to our rural youth. DON'T COME TO IOWA CITY.
Iowa High School Rodeo has been an opportunity for Iowa's rural
heritage. Granted Iowa City does not have a facility for a rodeo in city
limits, but you do affect the attitudes of Iowa's youth with your actlone.
want my children to stay in Iowa. How do I explain to them that "Yes, you
NOV--OS--98 TUE
08:26
AM FERRELLGAS NEBR. CITY 14028735779
P,01
VINCE HILTON
President
Rt. 1 BOX312
Sidney, Iowa, 51652
Iowa High School Rodeo Association
TO:
Mayor Lehman
Iowa City Council Members
Stephen Atkins, City Manager
FROM: Vince Hikon President Iowa High School Rodeo Association
DATE: November 3, 1998
Iowa City Ordinance
It has come to my attention that Iowa City is considering banning the sport of'rodeo
within the ciW limits, The treatment and safety of animals within the sport of rodeo is
very important to all of us that rodeo. As a youth organization we stress to our young
competitors that thc humane treatment of animals is very important and wc have mlcs
pertaining to the humane treatment of all rodeo livestock.
We believe the sport of rodeo is a important part of our heritage and would not do
anything jcopaxdizc its existence.
Please vote no against this proposed ordinance. Thank you.
6,0...0. clrv
11 oo Regent St
Ce~ hpi~ Iowa
cgro~on~j~o.~m
Re: Elephant ban
October 27, 1998
Dear Council Members,
I am concerned about the proposed ban on elephants. You see, I am planning on buying an elephant for
rny son for Christmas. He lives in Iowa City.. Just this last month I finished construction of an outdoor
pen for his elephant. It' s similar to a dog m-only bigger. As you probably know, elephants have a
gestation period of 2 years and this little guy/gift is due shortly before Christmas. We have had this
planned since shortly after Christmas of 1996. He has wanted a pet elephant since he was a small boy..
This ban on elephants would just break his heart. He already. has contracted with a peanut farmer in
Georgia to ship fresh peanuts up here to Iowa. He also has a vet lined up that is knowledgeable on
medical care for elephants. Elephants are really kind and gentle animals, they.' re like big puppy. dogs.
I' m sure he' d be glad to invite you over to meet his elephant so you could see for yourseft just how sweet
those animals are. We have already purchased some "elephant necessities" -such as an elephant leash and
collar, the previously mentioned pen, a pooper scooper, some elephant toys, and an elephant bed so he/she
can sleep in the living room when the outdoor temperature is either too hot or cold. My son is looking
forward to taking his elephant over to the park for frequent walks. He also is planning on obedience
training for his elephant and expects it will be as well-trained as any other pet, ff not more so.
I have several questions-What about existing pet elephants inside the city limits? Will the owners need
to find their pets new homes or be forced to move outside the city limits ff they choose to keep their pets?
Can a person move to Coralville and be allowed to keep their pet? Could existing pet elephants be
"grandfathered" in? If passed, will this go into effect before Christmas or after? ff after, and existing
elephants aren't grandfathered in, what will the penalty be? Would the elephant be confiscated and ff so,
are the animal control people knowledgeable about the care and dietary requirements of elephants?
Would you like to meet his elephant before you decide on whether to ban them? Does anyone on the
council consider themselves educated on the pros and cons of elephants as pets? Does anyone on the
council have a pet elephant? Would anyone on the council like the honor of possibly having his elephant
named after them?
I ask that you pestpone your vote until after Christmas so you can meet his elephant and see what a great
pet they make. He has been anticipating this pet now for some time and has already invested his hard-
earned money in things for his new pet. He is planning on getting his pet spayed/neutered, which is a
sign of pet responsibility.
Again, I am asking you not to ban elephants in Iowa City.
Sincerely,
Carol Grommon
OCT % 6 1998
Or Am Efll(4
/D~2FaRm/,,.,G Z,,/Yi'I A w0 T/zA IH /N f_ fZz2t~ X[..-5 Z,v T, RA u ('t. /
/
AM ~ C,~,~t-fUtL] OiOE_/24 7L¢p i~v/ f /f fPf( L~Z f'Zl2e' 0,~' TA~: d~.~'~
.A t 50 2'~Pf-iEj't3 /¢.vb ~odtf.','s S T~'~o ~_~ lczO fZ /all OF THc-~-,.~lf, o ~.~.,.,C
[_2~zr( ~zt/ .45 b'V/D~NCel9 ~Y Tiff_- (,'~gs/x,q,. ~/sY yc.~/2 oF
/
TI//~ TvM aF Loc~6 AC1~o~ ~z~C OMZy ~Su~f fln~T fous~ (irl2E~
IdlffD, ~o~Se'F~O~e~3, CO~
THE DES MOINv,8 REGISTER · WEDNESDAY, OCTOBER 21, 1998
'Council asked to ban elephants
~~ Iowa Citlr, Is. (AP) -- The City Courteft years
ago voted to make Iowa City a nuclear-free zone.
Now council members have been asked to ban an-
· o~s other perceived threat -- elephants.
o ~ ~o The request is from Animal Control Supervisor
Misha Goodman-Herbst, who wants the council to
prohibit elephants the next time it revises rules about circuses and
If an elephant which weighs several t0ns; gets loose, "it's like a tank
loose in the city," she said.
She showed council members a video in which sharpshooters
needed 100 shots to take down a rogue elephant.
"I can't control it. I doubt if any of the police could either," she said.
Councilman Dean Thornberry was the most outspoken about his
objection to excluding elephants.
He said the rules for both circuses and rodeos were "so severe that
(spectators) won't come."
Mayor Ernie Lehman said the opportunity to enforce the rules will
be infrequent because most events will be set up outside the city.
Goodman-Herbst has proposed strict guidelines for how the circus-
es should treat and house the animals.
If any rodeos come to town, calf roping won't be allowed.
Goodman-Herbst said calf roping poses the most risk for animal injury.
Originally, she had sought to ban circuses and rodeos from Iowa
City, but a past councfi rejected that idea
NOU-Ol-1998 22:11 CLIMAX MOLYBDENIJM CO. 319 463 5641] P.02
-.
.0% o.
"-~': 6. (,0 'qllllmr
W=" ,I~ q~
NO~ 1,19~#
TO MA FOR LEHMAN AND ~ IOWA CTIT CITY COUNCIL,
I HAVE BEEN MADE AWARE OF A~ ORDINrANCE THAT WILL BE ADDRESSED BY
YOU AND THE COUNCIL ~ WERgAND ! F!~_J.-T COMpErt Ep TO ~ND TO
IT. EVEN THOUGH IT DOES NOT IMPACT MY CHT IT BOES HIT ~ TO HOM~
$EVCE HIERE IS A RODEO IN El'. MADISON, IOWA.
OUR RODEO WAS STARTED S2 FEAg~ AGO BECAUSE A GENT~_: R~AN N~MED
DAYS ~E ~
~G FROM ~E ~T
~ NEW YO~ ~EY ~OPP~ ~ ~. ~~N, ~ ~EY ~U~ BE U~O~
~ ~~ ~0 ~ YOU ~ ~ E~ ~ ~ ~ OF ~ ~Lq
WM OF ~E U~T ~~~ ~T ~~~ ~ ~XT ~ ~RT~
TODAY ~ IT W~
~E F~ ~~ ~ T ~ ~ ~ ~ ~ D~ ~ ~G~A ~ OF IOWA.
WE A T FT. MADISON ARE A PRCA ~ANCTIONED EFF~NtT, BUT WE COULD NOT
HA VE OUR RODEO WITH THE EVENTS OUT!,!NED IN YOUR PROPOSED
ORDINANCE~ IT IS ACzAINST PRCA RULF~ I FRF. L IIMT THE PRCA WOUl D HAVE
MORE EXPERTISE IN DECIDING WHAT EVENTS/IRE SUITABLE FOR A RODEO
SINCE THAT 1~ THEIR BU~INESX 1 DON'T FERn- AN ~ CONTROL
SUPERI,TSOR WOULD tM VE ENOUGH PROFESSIONAL KNOWLEDGE TO MAK~
THAT KIND OF DECISION.
HIGH ~CHGOL RODEO 1~ BECOMING VERY POPULAR IN MANY STATE8 A~IO~B
THZ~ COUNTRE WE HA VE THE STATE ~ HERE, AND FEE GET YOUNG
A THLETE~ FROM,4.I-L OVER Tt~ STATE TIM T COMPETE !IgRE FOR A CHANCE
TO GO TO THE NATIONAL HIGH SCHOOL FIN~._L~ ACCO~ING TO YOUR
P.O. BOX 80 FT. MADISON,IOWA 52627
NOU-Ol-1998 22:12 CLIMAX MOLYBDENUM CO. 319 463 5640 P.03
'~ '~ATIO ,t' ~ ~
,----', ~ . , , ;~'
,'~,~. PROPOSKD ONDINANt~Z HIIS ~VENT ~~ NOT BB ~. ~ NOW ~ ~ ~
~. DE~ ~0~ ~G ~ YO~ ~OT ~ ~ YO~G ~~ ~T ~
~ B~~~~D~ ~~~Y~~~~~~Vl
~~~ ~T P~E ~ ~ FOR ~ ROD~ ~ ~ ~
~ ~T PROmE ~ FOR P~ ~~0~ E~, ~ ~
~ ~~0~ ~DE~ CO~ ~ ON 8~ ~ ~ I AG~
~N'T ~ ~T~~ CO~ O~IC~ ~ ~ ~~Y
~O~-~E ~ ~E ~ DEiIO~ ~ ~ O~~ON OFA ~DEO.
I THIN~ ~ A ~C CASE OF C$0~ GEITING INFOLVED WIIII
SOMETHING THeY ~OWN~G ~VT. PM SU~ ~~ A T ~
U~ H~Pff~ ~0~ NOT ~E~D IF 0~~~ ~ ~
~FO~ ~ CO~ ~G ~ ROW ~ ~~ SU~E
C~O~l~q I Jr~T WAJ~T TO ,~lY THAT RODEO Z~ P~RT OF OR ~~
~AGE ~ I WO~ ~ ~ B~ ~ DIE ~R NO ~0~ ~ 1
~~~ Y~ ~ W~ ~ ~ ~~~. ~R ~DEO ~
~~~ BY 2~,~ PEOH-E ~ ~ PEO~ F~M YO~ ~ ~UDED.
YOUR ~ ~ N~ ~ A~ E~ L~ ~ I ~ I ~N'T
1N CLO,~ING 1 AM GLAD I LD~ 1~ A COUNTRY WHERE PEOPLE CAN MA]IE TIIEIR
VIEWS AND OPINION~ E~OW~ TO THEIR ELF. LTED OFFIClAI~ SO TIZEY CAN
~ ~Y INFORMED AND ~ ~ DECI~IO~
.~. TRI-STATE RODEO .--
~..
P.O. BOX 80 FT. MADISON,IOWA 52627
TOTAL P.03
NOV--O~--98 04.;02
November 2. 1998
Bobble Hinds
2059 N Avenue
Minburn. IA 50167
(51 5)677-2333
bobbiehinds @ letSrodeo. corn
98 NOV -2 PH 3:05
C.
IOt'VA CITY, IOWA
Dear Mayor Lehman and Members of the Iowa City Council.
Tomorrow an ordinance will be proposed to you that will severly restrict animal use in your
city. This ordinance is, as I see it, a watered down version of a proposal that was previously
brought to the council and was defeated.
As an animal lover it breaks my heart to see animal abuse and neglect. However. as a 3rd
generation rancher and rodeo contestant I know first hand that rodeo animals are some of the
most well cared for animals around. Horses that are used as bucking animals are worth
thousands of dollars and are often 'rescued' from slaughter and homes in which they were
neglected and abused. I will not deny the fact that a very few rodeo participants abuse and
neglect their animals but they are row and far between (you will find this with pet owners as
well). As man PrOgreSses with technology so do his training and care methods of his
tirestock. The majority of barrel horses, team penning cattle and all other rodeo livestock are
cared for as if they were members of the family.
YoUr animal control supervisor is most likely a very caring and compassionate individual.
However, it seems to me. that they may have a hidden agenda that can be linked to extreme
animal rights groups. These groups spread Propaganda that is unfounded and plays on the
emotional heartstrings of those who are far removed from agriculture and the everyday
wOrkingS and understanding of livestock. Please do not allow a minority to speak for the
majority.
The language in this ordinance is contradictory. Although it would allow events sanctioned
by the Professional Rodeo Cowboys Association the contradictory wording would not allow
these events since PRCA rodeos must have saddle bronc riding. bareback riding, bull riding,
calf roping, and steer wrestling. It would also give much of the control of the event to the
Animal Control Supervisor who does not work with these animals and events on a day to day
basis.
l urge you to strike down this ordinance that will not allow Iowa City citizens, and in essence
the citizens of the state of Iowa. the right to choose their entertainment. Carefully consider the
pros and cons or the issue and do your reasearch.
Sincerely,.
Bobhie Hinds
Prepared by: Donald J. Yucuis, Finance Director, 410
E. Washington Street, Iowa City, IA 52240;
319-356-5052
ORDINANCE NO. 98-3855
ORDINANCE AMENDING TITLE 3, "CITY
FINANCES, TAXATION AND FEES," CHAPTER
4, 'SCHEDULE OF FEES, RATES, CHARGES,
BONDS, FINES AND PENALTIES" OF THE
CITY CODE, TO CHANGE VARIOUS FEES FOR
SOLID WASTE DISPOSAL.
WHEREAS, the City has developed a Landfill
Master Plan; and
WHEREAS, the Landfill Master Plan outlines
projected costs to continue operating the landfill
for the next 33 years and to close it; and
WHEREAS, the City would also like to add a
separate disposal fee for asbestos containing
materials and contaminated soils; and
WHEREAS, based on the plan, Landfill use
fees can be decreased for solid waste disposal
for the next two years.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT, Title 3, Chapter
4, Section 5, entitled "Solid Waste Disposal," of
the City Code is hereby amended by repealing
subsections entitled "Special Wastes Disposal
Fees," "Disposal of Large Items Fees (see also
collection of large items fees above)" and "Landfill
Use Fees" and substituting in lieu thereof the
following:
Special Wastes Disposal 14-3H-10B
Fees
Disposal of special wastes 2 times the
(except for asbestos landfill use fees
containing materials and in this section
contaminated soils)
Minimum fee
Asbestos Containing
Material (ACM)
Non-Friable ACM, from
Iowa City premises
subject to a property tax
2 times the
landfill use fee
for one ton
$100.O0/ton
Ordinance No. 98-3855
Page 2
and City-owned property
Non-Friable ACM, from
other locations
$105.00~on
Friable ACM, from Iowa
City premises subject to
a property tax and City-
owned property
Friable ACM, from other
locations
Minimum fee for any
regulated ACM
Contaminated Soil
Minimum fee for
contaminated soil
$100.00/cubic
yard
$105.00/cubic
yard
$100.00
$15.00~on
$150.00
Disposal of large items fees
(see also collection of large
items fees above)
Appliance Disposal Fees
Commercial per item
disposed
Residential per item
disposed
Tire Disposal Fee
Per pound
Subject to minimum fee
Untreated wood waste
and yard waste
Minimum
Landfill Use Fees
14-3H-10D1
$1.00/cubic foot
$12.50 (at landfill
scale house)
14-3H-10D2
$.07
$3.00
$24.001ton
$2.00
14-3H-10G
Solid waste from Iowa City
premises subject to a
property tax and City-
owned property
Total landfill fee per ton
(includes state fee per
ton)
All other solid waste
$38.50
Total landfill fee per ton
(includes state fee per
ton)
Minimum fee in lieu of
tonnage fees (160 Ibs. or
less)
$43.5O
Ordinance No. 98-3855
Page 3
Solid waste from Iowa $3.00
City premises subject to
a property tax and City-
owned property
All other solid waste $3.25
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
unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, to be collected as set
forth in §14-3A-4, City Code.
Passed and approved this _3.r.d day of
,1998. ~~
CLERK
City Attomey's Office
Ordinance No.
Page 4
98-3855
It was moved by Thnrnberry and seconded by
O~inanceasread be adopted, and upon rollcallthem were:
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Norton
X O'Donnell
X Thornberry
X Vanderhoef
Norton that the
Fimt Consideration ln/6/qg
Votefor passage: AYES: Lehman, Norton, O'Donnell, Thornberry,
Vanderhoef, Champion, Kubby. NAYS: None. ABSENT: None.
Second Consideration 10/20/98
Votefor passage:AYES: Kubby, Lehman, Norton, O'Donnell, Thornberry,
VAnderhoef, Champion. NAYS: None. ABSENT: None.
Date published 11/11/98
Prepared by: Donald J. Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240 319-356-5052
ORDINANCE NO. 98-3856
ORDINANCE AMENDING TITLE 14, ENTITLED
"UNIFIED DEVELOPMENT CODE," CHAPTER
3, ENTITLED "CITY UTILITIES," ARTICLE H
ENTITLED "SOLID WASTE", SUBSECTION 2,
ENTITLED "DEFINITIONS" OF THE CITY CODE
TO AMEND SEVERAL DEFINITIONS.
WHEREAS, the City would like to amend
several definitions of the Solid Waste
provisions in the City Code.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. Title 14, "Unified
Development Code, Chapter 3, entitled City
Utilities, Article H, "Solid Waste," Subsection
2, "Definitions" of the City Code is hereby
amended by:
a. Repealing the Definitions of ~Appliances,"
1~ecycling," Residential Refuse"and 'Special
Waste" of Section 14-3H-2, and
substituting, in lieu thereof, the following
definitions:
APPLIANCES: Machines common to residential
household use and shall include refrigerators,
stoves, microwave ovens, dishwashers,
clothes washers, clothes dryers, water
heaters, furnaces, air conditioners,
dehumidifiers, lawn mowers and any device
containing a gasoline engine, an electric motor
or an electric capacitor.
RECYCLING: Any process by which solid
waste is collected, separated, processed or
returned to use in the form of raw materials or
products including the composting of
untreated wood waste and yard waste.
RESIDENTIAL REFUSE: Refuse excluding
appliances, tires, hazardous wastes, yard
waste, bulky solid waste and
construction/demolition wastes.
Ordinance No. 98-3856
Page 2
SPECIAL WASTE: Solid waste that must be
handled or processed in a special manner prior
to disposal at the landfill. Special Waste also
includes Asbestos Containing Material (ACM),
friable and non-friable, and Contaminated Soil
as defined in the Code of Iowa and Rules of
the Iowa Department of Natural Resources or
its successor, all as amended.
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
unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, to be collected as set
forth in § 14-3A-4, City Code.
Passed and approved this 3~-d day of
ATTEST: ~ERf' ~/C/
City Attorney's Office
Date
~nadm~ord~land~12.doc
Ordinance No. 98-3856
Page 3
It was moved by Thornberry and seconded by
Ordinance asread be adopted, and upon rollcalltherewere:
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Norton
X O'Donnell
X Thomberry
X Vanderhoef
Vanderhoef that the
Fimt Consideration 10/6/98
Votefor passage: AYES: Norton,
Champion, Kubby, Lehman. NAYS: None.
O'Donnell, Thornberry, Vanderhoef,
ABSENT: None.
Second Consideration 10/20/98
Date published 11/11/98