HomeMy WebLinkAbout1998-12-01 Ordinance~12~01-98 ·
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Prepared by: John Yapp, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO. 98-3858
AN ORDINANCE VACATING THE NORTHERN
160 FEET OF THE 20-FOOT WIDE ALLEY
RIGHT-OF-WAY SOUTH OF PRENTISS
STREET AND WEST OF CAPITOL STREET
WHEREAS, the City of Iowa City has initiated the
vacation of the 20-foot wide alley south of Prentiss
Street and west of Capitol Street, the Madison
Street right-of-way south of Prentiss Street, and
the Des Moines Street right-of-way west of Capitol
Street; and
WHEREAS, the University of Iowa owns all of
the property adjacent to the northern 160 feet of
the 20-foot wide alley south of Prentiss Street and
west of Capitol Street; and
WHEREAS, this right-of-way is not needed for
vehicular or pedestrian circulation; and
WHEREAS, the City intends to convey the va-
cated right-of-way to the University of Iowa; and
WHEREAS, the University of Iowa intends to
redevelop the block south of Prentiss Street and
west of Capitol Street for a University office and
administration building; and
WHEREAS, the City of Iowa City will consider
vacating the remainder of the alley right-of-way,
the Des Moines Street right-of-way, and the Madi-
son Street right-of-way at the time the University
owns all properties adjacent to these rights-of-
way.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
SECTION I. VACATION. Subject to the retention
of all necessary public and private utilities ease-
ments, the City of Iowa City hereby vacates the
right-of-way legally described as follows:
That part of the 20-foot wide alley lying adja-
cent to Lots 1, 2, 7, and 8 in Block 13 of the
County Seat of Johnson County, Iowa City,
Iowa, according to the recorded Plat thereof.
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sions of this Ordinance are hereby repealed.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 ad-
judged to be invalid or unconstitutional, such ad-
judication shall not affect the validity of the Ordi-
Ordinance No. 98-3858
Page 2
nance 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, ap-
proval and publication, as provided by law.
Passed and approved this 1st day of
December ,19 98
ppdadmin~ord~rentiss.doc
Ordinance No. 98-3858
Page 2
It was moved by Thornberry and seconded by
Ordinance asread be adopted, and upon rollcalltherewere:
AYES: NAYS: ABSENT:
X
X
X
X
X
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
Norton that the
Fimt Consideration 1113198
Votefor passage:AYES: Kubby Lehman, Norton, O'Donness,
Thornberry, Vanderhoef, Champion. NAYS: None. ABSENT: None.
Second Consideration 11/17/98
Votefor passage:AYES: Vanderhoef,
Norton, O'Donnell, Thornberry. NAYS:
Date published 12/9/98
Champion, Kubby, Lehman,
None ABSENT: None.
Prepared by: John Yapp, Associate Planner, 410 E.
Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO.
ORDINANCE VACATING THE MADISON
STREET RIGHT-OF-WAY SOUTH OF
PRENTISS STREET, THE DES MOINES
CAPITOL T FO
WIDE ALLEY RIGHT-OF-WAY SOUTH OF
PRENTISS STREET AND WEST OF
CAPITOL STREET.
WHEREAS, the City of Iowa City has
initiated the vacation of Madison Street south
of Prentiss Street, Des Moines Street west of
Capitol Street, and the 20-foot wide alley
south of Prentiss Street and west of Capitol
Street; and
'WHEREAS, these rights-of-way are not
needed for vehicular or pedestrian
circulation, as they are bounded by the Iowa
Interstate Railroad tracks on the south and
the Iowa River on the west; and
WHEREAS, the City of Iowa City intends
to convey the vacated rights-of-way to the
University of Iowa; and
WHEREAS, the University of Iowa will
own all properties adjacent to the rights-of-
way at the time of vacation; and
WHEREAS, the University of Iowa
intends to redevelop the block south of
Prentiss Street and west of Capitol Street for
a University office and administration
building.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION I. VACATION. Subject to the
retention of all necessary public and private
utility easements, and a 20-foot wide
emergency vehicle access being retained
from Prentiss Street to the Iowa Interstate
Railroad tracks between Capitol Street and
the Iowa River, the City of Iowa City hereby
vacates the rights-of-way legally described
as follows:
Ordinance No.
Page 2
Madison Street from the south line of
Prentiss Street to the south line of Des
Moines Street; the nodh south alley in Block
13, County Seat Addition to the City of Iowa
City, Iowa; all of that part of Des Moines
Street lying south of Blocks 13 and 14 in
County Seat Addition to the City of Iowa City.
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
Ordinance shall be in effect after its final
passage, approval and publication, as
provided by law.
Passed and appmved this __ day of
,1998.
MAYOR
ATTEST:
CITY CLERK
ppr0.ve~/by
It was moved by and seconded
by that the Ordinance as mad be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
__ Thornberry
Vanderhoef
First Consideration '11/3/98
Vote for passa e:AYES: Kubby, Lehman Norton, 0'Donnell
ho nberry, Van~]erhoef '
T r
, Champion. NA'~S: None. ABSENT:
Second Consideration 11 / 17 / 98
Vote for passage:AYES:
O'Donnell ,Thornberry. NAYS:
Date published
None.
Vanderhoef, Champion, Kubby, Lehman,Norton
None. ABSENT: None.
City of Iowa City
MEMORANDUM
Date: November 23, 1998
To: City Council
From: John Yapp, Associate Planner
FIe;
VAC98-0005, Ordinance vacating the Madison Street right-of-way south of Prentiss
Street, the Des Moines Street right-of-way west of Capitol Street and the 20-foot
wide alley south of Prentiss Street and west of Capitol Street.
Staff and the Planning and Zoning Commission recommended approval of VAC98-0005,
subject to The University of Iowa submitting proof of ownership of all adjacent properties.
The University has acquired all the properties except for lots 5 and 6 of Block 13, both
owned by Thomas Alberhasky. The University requests that the City proceed with
vacating the northern 160 feet of the alley south of Prentiss Street and west of Capital
Street, and vacate the remainder of the rights-of-way when they acquire the Alberhasky
property (see attached plats). The University has leased the Alberhasky property for a
number of years, and expects to reach an agreement with Mr, Alberhasky on the
acquisition of the property early this spring,
The University owns all the property adjacent to the northern 160 feet of the alley. Mr.
Alberhasky has submitted a letter that he does not object to the City vacating the alley.
The University desires to have the City proceed with vacating and conveying the northern
160 feet of the alley so they can get started on their construction project, which is to build
an office building to house administrative functions. Staff sees no problem with the City
vacating the northern 160 feet of the alley now, and the remainder of the rights-of-way
when The University acquires the AIberhasky property. Staff has prepared a separate item
and comment for each portion of right-of-way to be vacated and conveyed,
I jonb
P: \PROJECTS\lg8281*0\dwg\VP-B1-01.DWCI Scale = hl I DATE: 10/14/1998I Time: 10:50I
VACATION EXHIBIT
PORTION OF ALLEY IN
BLOCK 13, COUNTY SEAT ADDITION TO
IOWA CITY, IOWA
LEGEND
e U11UTY POLl
[] IELEPHONE PEDISTAL
O[ OVERt. F, AD ELECTRIC
UT UNDERGROUND IELEPHONE
SAN SANIT/~y
FO FIBER 0PIIC UNE
150'
~i ::~:~ ~ ::~:
LOT 8
150' +1
"~'
LOT 7
150' ·
Lot 6
150'
150' O~'''
co LOT 5
L~
I
I
I
I
I
150'
_,~
LOT 4
(3
'I-
0
150'
20'
· ------ 150'
VACATED DES MOINE5 STREET
/
/
/
/
/
DES MOINE8 STREET
(NOT IMPROVED)
That part of the 20 foot wide alley lying adjacent to Lots 1, 2, 7, and
8 in Block 13 of the County Seat of Johnson County, Iowa City, Iowa,
according to the recorded plat thereof,
o 30 60 120
SCALE IN FEET
SHIVE ,HATTERY
C, edarRapida, lA,IowaClty, lA,DeaMolnea, lA
Molfne, IL, Bloomington, IL · Chicago, IL
~tUe VACATION EXHIBIT PROjeCT
ALLEY, BLOCK 13, COUNTY SEAT 19a2el
IOWA CITY, JOHNSON COUNTY, IOWA
ORA~ J~ FIELD BOOK
APPRO~D RE~SON
t pnh IP: \PROJECrS\Ig8281-0\dwg\VP-B1-02.DWCI Scale = 1:1 J DATE: 10/15/1998 I Time: 11:39 j
VACATION EXHIBIT
.
A PORTION OF DES MOINES STREET IN
IOWA CITY, IOWA
LEG[ND
~ U71LITY POrE
[] EL[PHONE PEDESTAL
G SANfTARY ~W[R MANHOLE
4~) ELEC'PRIC MANHOLE
OE O'eRHEAD ELEC~I~IC
UT UNDE]~GROUND TELEPHONE
SAN SANITARY ~EII~R
PRENTIS STREET
LOT 1
100'
· ,.,
........... :- '~t ~ "' ~-'
,k ~"'~' I
..
~ >
........
(NO FLOW)
~ z'· · '."='.:. ' .q ~1 , '~ VA ATED BEgOINES S~EET. ~' ·
~:: ~,~:~ ~ ::.: ~ - ~ -
:~:::~::~:~:~:~ ~:::~ ::: ...._ _ ~.- - _ ~' - _ =~: ....
BLOCK 24 [:[~NTY SEAT :
I I
LOT
I
~ot port of the 20 foot wide alley I~ng oddcent to Lots 3, 4, 5, and 6 in Block 13 of the County Seat of
Johnson County, Iowa City, Iowa according to the recorded plat thereof.
And
~ot part of Des Mo~ea Street addcent to said Block 13 I~n9 Northerly of the Northerly right-of-way line of
the Iowa Interstate Ro~rood, except for the portion pre~sly ~cated.
And
~ot port of South Modls~ Street I~n9 between the Southerly right-of-way line of Pr~tis Steer and the
Northerly right-of-way line of said iowa Interstate Railroad.
o 50 100 200
SCALE IN FEET
SHIVE ,HATTEI:tY
Cedar Rapids, IA, ~ City, IA, Des Molnes, IA
Motlne, IL · BIo~ IL, Chicago, IL
nT~E VACATION EXHIBIT PROJECT NO
IOWA CITY, JOHNSON COUNTY, IOWA ~9s2s~-o
DRAWN JSB FIELD BOOK
APPROVED REViSiON
Prepd by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240;319-356-5030
ORDINANCE NO. 98-3859
ORDINANCE AMENDING THE CITY CODE OF
THE CITY OF IOWA CITY, IOWA, BY
AMENDING SECTION 8-5-5, ENTITLED "KEEP-
ING DISORDERLY HOUSE," TO PROVIDE FOR
· POLICE INITIATED COMPLAINTS AND TO
PROVIDE FOR POLICE AUTHORITY TO RE-
STORE ORDER AND DISPERSE PERSONS
FROM VIOLATING PREMISES
WHEREAS, it is the intent of the Iowa City
City Council to address and discourage criminal
behavior and negative externalities associated
with uncontrolled social gatherings and parties;
and
WHEREAS, it is the intent of the Iowa City
City Council to hold persons sponsoring and/or
hosting social gatherings and parties account-
able and responsible for behaviors and negative
externalities associated with such gatherings
and parties; and
WHEREAS, strengthening regulations' to
provide for police initiated complaints and
police authority to restore order will address
negative impacts associated with such gather-
ings and parties; and
WHEREAS, strengthening regulations on
uncontrolled social gatherings and parties is in
the best interests of the health, safety and
welfare of the citizens of Iowa City, Iowa for
the reasons stated above.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. Title 8, Chapter 5,
entitled "Miscellaneous Offenses" of the City
Code be hereby amended by deleting Section 5,
entitled "Keeping Disorderly House" and adding
a new Title 8, Chapter 8, Section 5, entitled
"Keeping Disorderly House", as follows:
Section 8o5-5: Keeping Disorderly House
A. Keeping Disorderly House. No person shall
permit or suffer to continue, without taking
legal steps to prevent the same, any quarrel-
ing, fighting, disorderly conduct, or any
other conduct or condition that threatens
Ordinance No. 98-3859
Page 2
injury to persons or damage to property, or
loud, raucous, disagreeable noises to the
disturbance of the neighborhood, or to the
disturbance of the general public, upon any
premises owned by the person or in the
person's possession. For the purposes of
this section, "to the disturbance of the
general public" includes the disturbance of
persons beyond the subject premises and/or
to the disturbance of persons upon public
places, including peace officers.
B. Authority to Restore Order and Disperse;
Failure to Disperse. Upon issuance of a
citation for a violation of this section, any
peace officer of the City of Iowa City shall
have authority to restore order upon the
subject premises, up to and including order-
ing the dispersal of person(s) from the sub-
ject premises. Any person who fails or
refuses to obey and abide by such an order
shall be guilty of a violation of this section.
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 1St day of
ATTEST: Ci~CLERK ~. ~
Approved by
rney' ffi
Ordinance No. 98-3859
Page ~
It was moved by Norton and seconded by
Ordinance as read be adopted, and upon rollcalltherewere:
AYES: NAYS: ABSENT:
X
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
Thornberry
that the
First Consideration 11/3/98
Vote for passage: AYES: Norton, O'Donnell,
Champion, Lehman. NAYS: Kubby. ABSENT: None.
Thornberry,
Vanderhoef,
Second Consideration 11/17/98
Votefor passage: AYES: Lehman,Norton,O'Donnell, Thornberry,
Vanderhoef, Champion. NAYS: Kubby. ABSENT: None.
Date published 12/9/98
Date sent:
To:
From:
Subject:
Thu, 19 Nov 1998 14:43:00 -0600
council@blue.weeg. uiowa.edu
Caroline Dieterie <caroline-dieterle@uiowa.edu>
Party ordinance
<excerpt>
While I know that having students living nearby (as I do) can make
things sometimes noisy, so that many are tempted to support the 'party
ordinance' making it possible for the police to enter a private
residence <italic>on their own initiative without a complaint from the
public </italic>to supposedly keep the peace, I have great misgivings
about it because of the potential for abuse and thereby the erosion of
our 4th Amendment Rights (the right to be secure in one's own
premises). Please do not pass this ordinance!
If neighbors do not complain for fear of reprisal - as some say - has
anyone considered setting up a 'party hot line' that would be
publicized with the assurance that the identities of persons calling
in complaints about loud parties would be kept confidential?
</excerpt>- Caroline Dieterle
-- 1 -- Fri, 20 Nov 1998 07:47:19
Prepared by: Chuck Schmadeke, Public Works Dir., 410 E. Washington St., Iowa City, IA 52240 319-356-5141
ORDINANCE NO. 98-3860
ORDINANCE AMENDING TITLE 14, ENTITLED
"UNIFIED DEVELOPMENT CODE," CHAPTER
3, ENTITLED "CITY UTILITIES," ARTICLE E
ENTITLED "WASTEWATER TREATMENT
WORKS INDIRECT DISCHARGE", SECTION 4,
ENTITLED "PRETREATMENT STANDARDS",
OF THE CITY CODE TO AMEND PLANT
INFLUENT ZINC STANDARDS.
WHEREAS, the City would like to amend spe-
cific zinc standards of the Wastewater Treatment
Works Indirect Discharge provisions in the City
Code.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SFCTION I. AMENDMENT. Title 14, entitled
"Unified Development Code," Chapter 3, entitled
,City Utilities," Article E entitled '~/Vastewater
Treatment Works Indirect Discharge", Section 4,
entitled "Pretreatment Standards", of the City
Code is hereby amended by:
Repealing subsections 14-3E-4.B (2) and
(3), and adding new subsections 14-3E-
4.B(2) and (3) as follows:
2. No industrial user shall discharge
wastewater causing the following limitations
to be exceeded at the north POTW
treatment plant influent when measured in a
24-hour composite sample:
Pollutant Pounds Per Day
Aluminum 875.0
Ammonia 1,134.0
Arsenic 0.35
Barium 116.75
Beryllium 0.01
Cadmium 0.18
Calcium 875.70
CBOD 14,111.00
Chromium 9.34
Copper 6.08
Cyanide 3.27
Iron 583.80
Lead 5.84
Ordinance No.
Page 2
98-3860
Magnesium 875.70
Manganese 583.8
Me~ury 0.04
Nickel 4.27
pH 6.0 to 9.5
Phenol 26.82
Selenium 5.84
Silver 17.46
Suspended solids 10,975.00
Toluene 26.82
Zinc 17.5! 48.7
No industrial user shall discharge
wastewater causing the following limitations
to be exceeded at the south POTW
treatment plant infiuent when measured in a
24-hour composite sample:
Pollutant Pounds Per Day
Aluminum 412.83
Ammonia 500.00
Arsenic 0.17
Barium 55.04
Beryllium 0
Cadmium 0.08
Calcium 412.83
CBOD 10,008,00
Chromium 4.40
Copper 4.89
Cyanide 1,61
Iron 275.22
Lead 2.75
Magnesium 412.83
Manganese 275.22
Mercury 0.02
Nickel 2.75
pH 6.0 to 9.5
Phenol 13.21
Selenium 2.75
Silver 8.60
Suspended solids 9, 174.00
Toluene 13.21
Zinc 8.28 25.8
SECTION II. REPFALER. All ordinances and
pads of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section,
provision or pad 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
pad thereof not adjudged invalid or unconstitu-
tional.
SFCTION IV. FFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Ordinance No. 98-3860
Page 3
Passed and approved this
P, Cel~ P-r
ATTEST: 22~lTy CLERK '
Date
day of
pw~dmin~ww~r. doc
Ordinance No. 98-3860
Page 4
It was moved by Thornberry and seconded by
Ordinance asread be adopted, and upon rollcalltherewere:
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Notion
O'Donneil
Thomberry
Vanderhoef
Norton that the
First Consideration 10/20/98
Vote f or passage: AYES: Champion, Kubby, Lehman, Norton, 0'Donnell,
Thornberry, Vanderhoef. NAYS: None. ABSNET: None.
Second Consideration 11/3/98
Votefor passage:AYES: Thornberry,
Lehman, O'Donnell, Norton. NAYS: None.
Datepublished 1279/98
Vanderhoef, Champion,
ABSENT: None.
Kubby,