HomeMy WebLinkAbout1998-12-15 OrdinancePrepared by: Scott Kugler, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240
ORDINANCE NO. 98-3861
ORDINANCE AMENDING THE ZONING
CHAPTER BY CHANGING THE USE
REGULATIONS OF APPROXIMATELY
4.45 ACRES OF PROPERTY LOCATED
EAST OF THE CURRENT TERMINUS
OF COURT STREET FROM COUNTY
RS, SUBURBAN RESIDENTIAL, TO
RS-5, LOW DENSITY SINGLE-FAMILY
RESIDENTIAL, AND P, PUBLIC.
WHEREAS, the City of Iowa City has
acquired approximately 4.45 acres of property
located east of the current terminus of Court
Street to serve as public right-of-way for the
extension of said Court Street; and
WHEREAS, the City has annexed the 4.45
acre tract into the City of Iowa City, Iowa; and
WHEREAS, upon annexation City must
establish appropriate zoning on the subject
property; and
WHEREAS, although no private development
may occur within the right-of-way property, it has
been determined that the zoning classifications of
adjacent properties shall be used to determine the
appropriate classification for the subject right-of-
way.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. Property described
below is hereby reclassified as follows:
A. The following property is reclassified from
its current designation of County RS, Suburban
Residential to RS-5, Low Density Single-Family
Residential:
The West 683.17 feet of the following
described property:
Beginning at the Southeast Corner of
the Southwest Quarter of Section 7,
Township 79 North, Range 5 West, of
the Fifth Principal Meridian; thence
N88°43'59"W, along the South Line of
said Southwest Quarter, 1036.36 feet;
thence S14o38'50"W, 2.38 feet, to the
Northeast Corner of Scott Boulevard
East, Part One, in accordance with the
plat thereof recorded in Plat Book 31, at
Page 131, of the records of the Johnson
319-356-5243
Ordinance No. 98-3861
Page 2
County Recorder's Office; thence
N88o53'21"W, along the North Line of
said Scott Boulevard East, Part One, a
distance of 683.17 feet; thence
N00o39'55"W, along said North Line,
and the East Line of Scott Boulevard
East, Part Two, in accordance with the
plat thereof recorded in Plat Book 33, at
Page 225, of the Records of the
Johnson County Recorder's Office,
75.04 feet; thence S88o53'21"E, 9.02
feet; thence Northeasterly, 75.34 feet,
along a 1360.00' .foot radius curve,
concave Northwesterly, whose 75.33
foot chord bears N89o31'26"E; thence
N87o56'13"E, 103.03 feet; thence
Northeasterly, 79.77 feet, along a
1440.00 foot radius curve, concave
Southeasterly, whose 79.76 foot chord
bears N89o31 '26"E, thence
S88o53'21 "E, 771.32 feet; thence
Northeasterly, 372.64 feet, along a
960.00 foot radius curve, concave
Northwesterly, whose 370.30 foot chord
bears N79o59'27"E; thence
N68o52'14"E, 114.88 feet; thence
Northeasterly, 203.49 feet, along a
1040.00 foot radius curve, concave
Southeasterly, whose 203.16 foot chord
bears N74o28'33"E; thence
N80o04'52"E, 14.62 feet, to a Point on
the East Line of said Southwest Quarter
of Section 7; thence S00o05'18"E, along
said East Line, 261.42 feet, to the Point
of Beginning
Bo The following property is hereby
reolassified from its present classification of
County RS, Suburban Residential, to P, Public:
Beginning at the Southeast Corner of
the Southwest Quarter of Section 7,
Township 79 North, Range 5 West, of
the Fifth Principal Meridian; thence
N88°43'59"W, along the South Line of
said Southwest Quarter, 1036.36 feet;
thence S14o38'50"W, 2.38 feet, to the
Northeast Corner of Scott Boulevard
East, Part One, in accordance with the
plat thereof recorded in Plat Book 31, at
Page 131, of the records of the Johnson
County Recorder's Office; thence
N88°53'21"W, along the North Line of
said Scott Boulevard East, Part One, a
distance of 683.17 feet; thence
N00o39'55"W, along said North Line,
and the East Line of Scott Boulevard
East, Part Two, in accordance with the
plat thereof recorded in Plat Book 33, at
Ordinance No. 98-3861
Page 3
Page 225, of the Records of the
Johnson County Recorder's Office,
75.04 feet; thence S88o53'21"E, 9.02
feet; thence Northeasterly, 75.34 feet,
along a 1360.00 foot radius curve,
concave Northwesterly, whose 75.33
foot chord bears N89o31'26"E; thence
N87°56'13"E, 103.03 feet; thence
Northeasterly, 79.77 feet, along a
1440.00 foot radius curve, concave
Southeasterly, whose 79.76 foot chord
bears N89o31 '26"E, thence
S88o53'21 "E, 771.32 feet; thence
Northeasterly, 372.64 feet, along a
960.00 foot radius curve, concave
Northwesterly, whose 370.30 foot chord
bears N79o59'27"E; thence
N68°52'14"E, 114.88 feet; thence
Northeasterly, 203.49 feet, along a
1040.00 foot radius curve, concave
Southeasterly, whose 203.16 foot chord
bears N74o28'33"E; thence
N80o04'52"E, 14.62 feet, to a Point on
the East Line of said Southwest Quarter
of Section 7; thence S00o05'18"E, along
said East Line, 261.42 feet, to the Point
of Beginning. Excepting, therefrom, the
west 683.17 feet of the above described
property.
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. CERTIFICATION AND
RECORDING. The City Clerk is hereby authorized
and directed to certify a copy of this Ordinance
which shall be recorded at the Office of the
County Recorder of Johnson County, Iowa, upon
final passage and publication as provided by law.
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 unconsti-
tutional.
Ordinance No. 98-3861
Page 4
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 1Rth day of
'
ATTEST: 'CL~K.,,..~.-2 -~. ~
CITY
Ordinance No. 98-3861
Page 5
It was moved by Thornberry and seconded by
Ordinance as read be adopted, and upon roll callthere were:
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Notion
X O'Donnell
X Thornberry
X Vanderhoef
O'Donnell
that the
Fimt Consideration 11/17/98
Voter or passage:AYES:Thornberry,
Lehman, Norton, O'Donnell. NAYS: None.
Vanderhoef, Champion,
ABSENT: None.
Ku b by,
Second Consideration 12/1/98
Vote for passageAyES: Thornberry, Champi on, Lehman,
0'Donnell. NAYS: None. ABSENT: Kubby, Vanderhoef.
Date published 12/23/98
Norton,
Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
ORDINANCE NO. 98-3862
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE USE
REGULATIONS OF AN APPROXIMATE '10
ACRE TRACT OF LAND LOCATED AT
WELLINGTON DRIVE AND VILLAGE ROAD,
FROM RS-5 TO OPDH-5, A PRELIMINARY
PLANNED DEVELOPMENT HOUSING (OPDH)
PLAN FOR VILLAGE GREEN, PARTS XVI AND
WHEREAS, the subject property is presently in
an area shown on the Comprehensive Plan for the
City of Iowa City as residential, at a density of two
to eight dwelling units per acre; and
WHEREAS, the property owner has applied
to rezone the parcel to OPDH-5 to permit
development of the tract for a planned housing
development of 36 dwelling units clustered in
three-unit buildings around a storm water
detention facility; and
WHEREAS, the proposed design of the
OPDH plan has the appearance of a sufficient
amount of open space; features such as varied
roof lines and staggered facades, which will
lessen the appearance of bulk; and setbacks and
perimeter landscaping, which will make the design
compatible with surrounding existing and
anticipated single-family development; and
WHEREAS, the density of the proposed
development is consistent with the density
proposal in the Comprehensive Plan in this area.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
SECTION I. ZONING AMENDMENT. The
property legally described below is hereby
reclassified from its present classification of RS-5
to OPDH-5, and the preliminary PDH plan for
Village Green, Pads XVI and XVII, on the
following property, is hereby approved:
Ordinance No.
Page 2
98-3862
A portion of the Southeast Quarter of Section 13,
Township 79 North, Range 6 West, of the Fifth
Principal Meridian, Iowa City, Johnson County,
Iowa, also being a portion of Outlot "A", Village
Green Part XV, as recorded in Plat Book 38 at
Page 97 of the Records of the Johnson County
Recorders Office, more particularly described as
follows:
Beginning at the Northeast Corner of Lot 25,
Village Green Pad XIII, as recorded in Plat Book
34 at Page 323 of the Records of the Johnson
County Recorders Office; Thence Southeasterly,
247.93 feet, along the Southerly Right Of Way
Line of Wellington Drive a 760.49 foot radius
curve, concave Southwesterly, whose 246.84
foot chord bears S75°32'57"E; Thence
S66°12'34"E, 51.64 feet; Thence southeasterly
590.47 feet, on a 1930.00 foot radius curve,
concave Northeasterly, whose 588.17 foot chord
bears S74°58'26"E; Thence Southeasterly 23.21
feet, on a 15.00 foot radius curve, concave
Southwesterly, whose 20.97 foot chord bears
S39°24'05"E; Thence S04°56'08"W, 125.72 feet:
Thence Southwesterly 1034.38 feet, on a 700.00
foot radius curve, concave Northwesterly, whose
942.81 foot chord bears S47°16'06"W, to the
Southeast corner of Lot 42, Village Green Part
XIV as recorded in Plat Book 37 at Page 41 of
said Recorders Office; Thence N06°04'44"E,
along the east line of said Lot 42,250.33 feet, to
a point on the east line of Lot 43, of said Village
Green Part XV; Thence N64°49'19"E, along the
east line of said Lot 43, 275.09 feet; Thence
N04°24'54"E, along the east line of said Lot 43,
177.08 feet; Thence N34°34'27"W, along the
east line of said Lot 43, 174.70 feet; Thence
N89°54'27'NV, along the east line of said Lot 43,
233.29 feet; Thence N34°36'55"W, along the
east line of Said Lot 43, 208.57 feet, to a point
on the east line of said Lot 25; Thence
N02°51 '05"W, along the east line of said Lot 25,
119.31 feet; Thence N05°06'40"E, along the east
line of said Lot 25, 38.75 feet, to the Point of
Beginning. Said tract of land contains 9.89
Acres, more or less, and is subject to easements
and restrictions of record.
Ordinance No.
Page 3
98-3862
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 provi-
sions of this Ordinance are hereby repealed.
SECTION IV. 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 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 15th day of
CITY ~ '
City Attorn --~
ppdadmin~ord\vilgr98A.doc
Ordinance No. 98-3862
Page 4
~t was moved by Norton and seconded by
Ordinance as read be adopted, and upon rol~cafithem were:
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
x Norton
X O'Donnell
X Thomberry
X Vanderhoef
Thornberr~
that the
Fimt Considemtion 11/17/98
Voter or passage: AYES: Norton, O'Donnell, Thornberry,
Champion, Kubby, Lehman, NAYS: None. ABSENT: None.
Second Consideration 12/1/98
Vote for passageAYES: O'Donnell, Thornberry, Champion,
Norton. NAYS: None. ABSENT: Kubby, Vanderhoef,
Date published 12/23/98
Vanderhoef,
Lehman,
Prepared by: Robed Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
ORDINANCE NO. 98-3863
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE USE
REGULATIONS OF 21.53 ACRES OF LAND
LOCATED AT THE SOUTHEAST CORNER OF
SCOTT BOULEVARD AND AMERICAN LEGION
ROAD FROM LOW DENSITY SINGLE-FAMILY
(RS-5) AND COUNTY RURAL (A-l) AND
HIGHWAY COMMERCIAL (CH), TO PLANNED
DEVELOPMENT HOUSING (OPDH-12).
WHEREAS, the applicant, Silvercrest-Iowa
City, L.P., has requested the City rezone 21.53
acres of land located at the southeast corner of
Scott Boulevard and American Legion Road
from Low Density Single Family (RS-5) and
County Rural (A-l) and Highway Commercial
(CH) to Planned Development Housing
(OPDH-12); and
WHEREAS, the Comprehensive Plan
encourages a mix of housing units in
neighborhoods; and
WHEREAS, the Comprehensive Plan
encourages development of housing and
services for elderly citizens; and
WHEREAS, the Planning and Zoning
Commission has reviewed the proposed
rezoning and OPDH plan and it has
recommended approval of the same subject to
the provision of agreements and easements for
sanitary sewer.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
SECTION I. APPROVAL. The property
described below is hereby reclassified from its
present classification of Low Density Single
Family (RS-5), to Planned Development
Housing (OPDHol 2):
Commencing at the West Quarter corner of
Section 18, Township 79 North, Range 5
West of the Fifth Principal Meridian; thence
Southeastedy 49.82 feet along the Centerline
of American Legion Road 49.82 feet on a
22,920.00 foot radius curve, Concave
Ordinance No. 98-3863
Page 2
Southwesterly, whose 49.82 foot chord bears
S89°42'52"E, to the Point of Beginning;
thence continuing 188.83 feet along said
Centerline on a 22920.00 foot radius curve,
Concave Southwesterly, whose 188.83 foot
chord bears S89°24'58"E, thence
S89°10'48"E along said Centerline 672.96
feet to its intersection with the Northerly
projection of the West Line of lot 1, of Church
of Christ Subdivision, in accordance with the
Plat thereof Recorded in Plat Book 30 at
page 280, of the records of the Johnson
County Recorder's Office; Thence
S00°00'39"W along said Projection and West
Line, and the southerly Projection thereof,
1,082.99 feet, to the Northeasterly Comer of
Lot 1 of Bob & Erma's Subdivision, in
accordance with the Plat thereof Recorded in
Plat Book 33, at page 344, of the Records of
the Johnson County Recorder's Office;
Thence S89°58'02"W, along the North Line of
said Lot 1, a distance of 859.91 feet, to the
Northwest Corner thereof, and a Point on the
Easterly Right of Way Line of Scott
Boulevard; Thence N00005'00'~N, along said
Eastedy Right of Way Line, 1,095.04 feet to
the Point of Beginning. Said tract of land
contains 21.53 acres, more or less, and is
subject to easements and restrictions of
record.
SECTION II. VARIATIONS. To encourage
the development of the proposed retirement
community and to allow clustered
development, the Planning and Zoning
Commission recommended approval of multi-
family buildings, a medical office building, and
a rehabilitation center in accordance with the
OPDH plan.
SECTION III. ZONING MAP. Upon final
passage, approval and publication of this
Ordinance as provided by law, the Building
Official is hereby authorized and directed to
change the zoning map of the City of Iowa
City, Iowa, to conform to this zoning
amendment.
SECTION IV. REPEALER. All ordinances
and parts of ordinances in conflict with the
provisions 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 unconsti-
tutional.
Ordinance No. 98-3863
Page 3
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 15th day of
Dpr~mh~- , 1998.
R
ATTEST"C~~'--) ,~. ~
Approve/_~ by
ppdadrnin/ord/scott.doc
Ordinance No. 98-3863
Page 4
It was moved by Thornberry and seconded by
O~inance as read be adopted, and upon rollcalltherewere:
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Notion
X O'Donnell
X Thornberry
X Vanderhoef
Norton
that the
Fimt Considemtion 11/17/98
Votefor passage:AYES: Kubby,Lehman,Norton,0'Donnell,
Vanderhoef,Champion. NAYS: None. ABSENT: None.
Thornberry,
Second Consideration 12/1/98
Vote for passage: 'AYES: Norton, 0'Donnell, Thornberry, Champion,
Lehman. NAYS: None. ABSENT: Kubby, Vanderhoef.
Date published 12/23/98
Prepared by: Dennis Mitchell, Asst. City Atty., 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 98-3864
AN ORDINANCE AMENDING SECTION 8-7-1,
CITY CODE, TO ALLOW THE DISCHARGE OF
FIREARMS FOR DEER MANAGEMENT
PURPOSES.
WHEREAS, the City of Iowa City has
adopted a long-term deer management plan to
provide needed relief and protection for the
environment, property owners, and motorists
within the corporate limits of Iowa City; and
WHEREAS, one component of the deer
management plan is the killing of deer by
sharpshooters; and
WHEREAS, it would be in the public
interest to allow certain individuals, upon the
written consent of the City, to discharge
firearms within the City for the purpose of
killing deer pursuant to a City-approved deer
management plan.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. Title 8, Chapter 7, Section 1,
entitled "Discharge of Firearms," is hereby
amended by adding the following sentence at
the end of this Section:
This section shall further not apply to
individuals discharging firearms with the
written consent of the City for the purpose of
killing deer pursuant to a City-approved deer
management plan.
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, as provided by law.
Ordinance No. 98-3864
Page 2
Passed and approved this 15thday of
December ,19 98
ATTEST: CLT~K'4x.) ~. ~L4.//
CITY CL
City A~torney's Office
Ordinance No. 98-3864
Page ~
It was moved by Vanderhoef and seconded by
Q~inance as read be adopted, and upon rollcalltherewere:
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Norton
X O'Donnell
X Thornberry
X Vanderhoef
Thornberry' that the
Fimt Considemtion 12/1/98
Votefor passage: AYES: 0'Donnell, Thornberry, Champion, Lehman,
Norton. NAYS: None. ABSENT: Kubby, Vanderhoef.
Second Consideration .....................
Vote for passage:
Date published 12/23/98
Moved by Vanderhoef, seconded by Thornberry, 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: Lehman,
Norton, O'Donnell', Thornberry, Vanderhoef, Champion. NAYS: KUbby.
ABSENT: None.
Prepd by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 98-3865
ORDINANCE AMENDING THE CITY CODE OF
THE CITY OF IOWA CITY, IOWA, BY
AMENDING CHAPTER 8, ENTITLED "POLICE
CITIZENS' REVIEW BOARD", SPECIFICALLY,
SECTIONS 8-8-2 AND 8-8-7, TO ELIMINATE
COMPLAINANT PARTICIPATION IN DUE PRO-
CESS NAME-CLEARING HEARINGS
WHEREAS, it is the intent of the Iowa City
City Council to fairly and thoroughly investigate
claims of inappropriate conduct by sworn Iowa
City Police Officers; and
WHEREAS, in creating and empowering the
Police Citizen's Review Board to conduct and
report on such investigations, it is the intent of
the Iowa City City Council to provide sworn
police officers with the required constitutional
due process protection of a name-clearing
hearing; and
WHEREAS, participation of the complainant
at such hearing is inconsistent with consti-
tutional due process and results in an ad-
versarial situation not otherwise contemplated
by the ordinance; and
WHEREAS, removing the complainant from
participation in the name-clearing hearing pro-
cess will not undermine the Board's ability to
obtain the complainant's evidence through
other methods.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL QF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. Title 8, Chapter 8,
entitled "Police Citizens' Review Board" of the
City Code be hereby amended as follows:
1. Title 8, Chapter 8, Section 2, subparagraph
(C)(3) is hereby amended by deleting said
subparagraph and adding a new Title 8, Chap-
ter 8, Section 2, subparagraph (C)(3), as fol-
lows:
8-8-2(C)(3): Providing the opportunity for a
hearing to the police officer if the Board's find-
ings on the complaint are critical of the police
Ordinance No. 98-3865
Page 2
officer, as required by constitutional law, and
give the police officer the opportunity to pres-
ent testimony and evidence;
2. Title 8, Chapter 8, Section 7, subparagraph
(B)(4) is hereby amended by deleting said
subparagraph and adding a new Title 8, Chap-
ter 8, Section 7, subparagraph (B)(4), as fol-
lows:
8-8-7(B)(4): The Board shall not issue a report
which is critical of the sworn police officer's
conduct until after a "name-clearing hearing"
has been held, consistent with constitutional
due process law. The Board shall give notice of
such hearing to the police officer so that the
officer may testify before the Board and present
additional relevant evidence. The Board shall
be responsible for protection of all State and
Federal rights enjoyed by the officer. The
officer may waive the right to this hearing upon
written waiver submitted to the Board.
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 15th day of
December ,1998.
· MAYOR
ATTEST: iTCiT~C'~,R,)K ~/'.
3rove
sarah/pOrb/cornphear,ord
Ordinance No. 98-3865
Page 3
It was moved by Thornberry and seconded
Ordinance as read be adopted, and upon rollcalltherewere:
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Notion
X O'Donnell
X Thornberry
X Vanderhoef
Vanderhoef' that the
Fimt Consideration 12/1/98
Vote for passage:AYES: O'Donnell, Thornberry, Champion, Lehman,
Norton. NAYS: None. ABSENT: Kubby, Vanderhoef.
Second Consideration
Vote for passage:
Date published
12/23/98
Moved by Thornberry, Seconded by O"Donnell, that the rule requiring
ordinances to be considered and voted on fo~ 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:Kubby,
Lehman, Norton, O'Donnell, Thornberry, Vanderhoef, Champion. NAYS:None.
ABSENT: None.
Ordinance No.
Page 2
officer, as required by constitutional law, and
give both the police officer and ths complainant
the opportunity to present testimony and evi-
dence;
2. Title 8, Chapter 8, Section 7, subparagraph
(B)(4) is hereby amended by deleting said
subparagraph and adding a new Title 8, Chap-
ter 8, Section 7, subparagraph (B)(4), as fol-
/
lows: /
8-8-7(B)(4): The Board shall not issue a repo
which is critical of the sworn police offic 's
conduct until after a "name-clearing he ~ng"
has been held, consistent with consti tional
due process law. The Board shall give otice of
', such hearing to both the police offi r aF~Lt-he
' complainant so that ¢~e-y i~i:i~::i~i~i::i may testify
"'
rotection of all State and F deral rights en-
j yed by both the officer an the complainant.
T officer may waive the ight to this hearing
up written waiver sub itted to the Board.
SEC ION II. REPEALE . All ordinances and
ordinances i conflict with the provi-
sions o this Ordina e are hereby repealed.
SECTIO III. SEV ABILITY. If any section,
provision r part of the Ordinance shall be
adjudged to e i alid or unconstitutional, such
adjudication II not affect the validitV of the
Ordinance as whole or any section, provision
or part there t adjudged invalid or unconsti-
tutional.
SECTION IV. EF CTIVE DATE. This Ordi-
nance s all be in efect after its final passage,
appro ' ' , vided by law.
Pas,~ed and appro d this daV
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Prepared by: Doug Ripley, Traffic Engineer, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5254
ORDINANCE NO. 98-3866
AN ORDINANCE AMENDING TITLE 9 OF THE
CITY CODE OF IOWA CITY ENTITLED
"MOTOR VEHICLES AND TRAFFIC," BY
AMENDING CHAPTER 3, SECTION 6B
THEREIN TO REDUCE THE SPEED LIMIT ON
US HIGHWAY 6 FROM THE EAST CITY
LIMITS TO A POINT 500 FEET WEST OF
HEINZ ROAD.
WHEREAS, the City Code provides the speed
limit for vehicles in suburban areas shall be
forty-five (45) miles per hour; and
WHEREAS, the section of U.S. Highway 6
from the east City Limits to a point 500 feet
west of Heinz Road is now suburban, rather
than rural, in nature; and
WHEREAS, the Iowa Department of
Transportation has conducted a speed study
which indicates this is the appropriate speed
limit for this portion of Highway 6.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
SECTION I. AMENDMENTS. Title 9 of the City
Code, entitled "Motor Vehicles and Traffic'; is
hereby amended by repealing the following
provision:
Name of Maximum Where Limit
Street Speed Limit Applies
(mph)
U.S. 55 From the City
Highway 6 limits to a point
500 feet west of
Heinz Road
And replacing the same with the following
provision:
Name of Maximum Where Limit
Street Speed Limit Applies
(mph)
U.S. 45 From the east City
Highway 6 limit to a point 500
feet west of Heinz
Road
All ordinances and
conflict with the
of this Ordinance are hereby
SECTION II. REPEALER.
parts of ordinances in
provisions
repealed.
Ordinance No.
Page 2
98-3866
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
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 15thday of
DecemhPr , 19
ATTEST: ~ CITY
jccogtp\ord~speed .doc
Ordinance No. 98-3866
Page 3
It was moved by Norton and seconded by
Ordinance as read be adopted, and upon rollcallthem were:
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
Vanderhoef that the
Fimt Considemtion 11/17/98
Voter or passage:AYES: Norton, 0'Donnell,
Champion, Kubby, Lehman. NAYS: None. ABSENT:
Thornberry, Vanderhoef,
None.
Second Considemtion 12/1/98
Votefor passage: AYES: Thornberry, Champion, Lehman,
0'Donnell. NAYS: None. ABSENT: Kubby, Vanderhoef.
Date published 12/23/98
Norton,