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HomeMy WebLinkAbout1999-09-28 OrdinancePrepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 ORDINANCE NO. 99-3898 ORDINANCE AMENDING THE ZONING CHAPTER BY CONDITIONALLY CHANGING THE ZONING REGULATIONS OF APPROXIMATELY 7.93 ACRES LOCATED AT THE EAST TERMINUS OF COURT STREET FROM MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (RS-8), TO PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH- 8), AND APPROVING A PRELIMINARY OPDH PLAN FOR 72 RESIDENTIAL DWELLING UNITS FOR PROPERTY LOCATED AT THE EAST TERMINUS OF COURT STREET. WHEREAS, the applicant, Arlington, L.C., is owner and legal title holder of approximately 7.93 acres of property located at the east terminus of Court Street; and WHEREAS, the applicant has requested the rezoning of approximately 7.93 acres from Medium Density Single-Family Residential (RS- 8), to Planned Development Housing Overlay (OPDH-8), and approval of a preliminary OPDH plan to allow 72 residential dwelling units for property located at the east terminus of Court Street; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions ensuring the establishment of neighborhood infrastructure, thus providing a secondary means of access to the property, the proposed rezoning is in conformance with the Comprehensive Plan, and that the proposed preliminary OPDH plan is in technical compliance with all applicable provisions of the City Code; and WHEREAS, Iowa Code §414.5 (1999) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the applicant acknowledges that certain conditions and restrictions are reasonable to ensure the establishment of neighborhood infrastructure and the provision of a secondary means of access to the property; and WHEREAS, the applicant has agreed to use this property in accordance with the terms and conditions of a Conditional Zoning Agreement to Ordinance No. 99-3898 Page 2 ensure that the above referenced neighborhood infrastructure and secondary access issues are addressed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated herein, the property described below is hereby reclassified from its current designation of Medium Density Single-Family Residential (RS-8) to Planned Development Housing Overlay (OPDH-8): Commencing at the Northwest Corner of the Northeast Quarter of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence N00o29'10"W, along the West Line of the Southeast Quarter of Section 7, Township 79 North, Range 5 West of the Fifth Principal Meridian, 175.16 feet; Thence N79o41'30"E, 50.72 feet, to the Point of Beginning; Thence continuing N79°41 '30"E, 139.20 feet; Thence Northeasterly, 746.86 feet, along a 2841.05 foot radius curve, concave Souteasterly, whose 744.71 foot chord bears N87°13'22"E, Thence Southeasterly, 39.76 feet, along a 25.00 foot radius curve, concave Southwesterly, whose 35.70 foot chord bears S39o41 '12"E; Thence S05°52'22"W, 67.32 feet; Thence Southeasterly, 211.96 feet, along a 636.03 foot radius curve, concave Northeasterly , whose 210.98 foot chord bears S03o40'27"E; Thence Southeasterly, 25.52 feet, along a 570.00 foot radius curve, concave Southwesterly, whose 25.52 foot chord bears Sllo56'19"E; Thence S69o18'18"W, 214.92 feet; Thence N89o12'04"W, 659.86 feet; Thence N45o51 '32"W, 73.10 feet; Thence N00o26'32"W, 284.81 feet, to the Point of Beginning. Said Tract of land contains 7.93 acres, more or less, and is subject to easements and restrictions of record. SECTION II. VARIATIONS. The following variations from the requirements of the RS-8 zone have been approved as part of the preliminary OPDH plan: a. The development of four 18-unit residential buildings in lieu of the requirement for single-family detached or duplex residences. b. A building height of approximately 50 feet in lieu of the 35 foot limitation of the RS-8 zone. SECTION III. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Ordinance No. 99-3898 Page 3 Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION IV. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this Ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owners, applicants, and the City. SECTION V. CERTIFICATION AND RECORDING. Upon passage and approval of ' the Ordinance, and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION VI. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION VII. SEVERABILITY. If any section, provision or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VIII. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication, as required by law. Passed and approved this 28th day of e ,~ er ,1999. AAC.ityr~~orn y, ppdadmiNord/courtsZ.doc Ordinance No. 99-3898 Page 4 It was moved by Thornberry and seconded by O~inanceasread 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 Fimt Considemtion 8/24/99 Votefor passage:AYES: Champion, Lehman, Kubby, Norton, O'Donnell, Thornberry, Vanderhoef. NAYS: None. ABSENT: None. Second Consideration 9/14/99 Votefor passage: AYES: Thornberry, Vanderhoef, Champion, Lehman, Norton, O'Donnell. NAYS: None. ABSENT: None. Date published 10/6/99 Kubby, Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319/356-5243 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City") and Arlington, L.C., an Iowa Limited Padnership. WHEREAS, the applicant, Arlington, L.C., is owner and legal title holder of approximately 7.93 acres of property located at the east terminus of Court Street; and WHEREAS, the applicant has requested the rezoning of approximately 7.93 acres from Medium Density Single-Family Residential (RS-8), to Planned Development Housing Overlay (OPDH-8), and approval of a preliminary OPDH plan to allow 72 residential dwelling units for property located at the east terminus of Court Street; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions ensuring the establishment of neighborhood infrastructure, thus providing a secondary means of access to the property, the proposed rezoning is in conformance with the Comprehensive Plan, and that the proposed preliminary OPDH plan is in technical compliance with all applicable provisions of the City Code; and WHEREAS, Iowa Code §414.5 (1999) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the applicant acknowledges that certain conditions and restrictions are reasonable to ensure the establishment of neighborhood infrastructure and the provision of a secondary means of access to the property; and WHEREAS, the applicant has agreed to use this property in accordance with the terms and conditions of this Conditional Zoning Agreement to ensure that the above referenced neighborhood infrastructure and secondary access issues are addressed. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: 1. Arlington, L.C., is the property owner and legal title holder of property located at the east terminus of Court Street, which property is more particularly described as follows: Commencing at the Northwest Corner of the Northeast Quarter of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence N00°29'10"W, along the West Line of the Southeast Quarter of Section 7, Township 79 North, Range 5 West of the Fifth Principal Meridian, 175.16 feet; Thence N79°41'30"E, 50.72 feet, to the Point of Beginning; Thence continuing N79°41'30"E, 139.20 feet; Thence Northeasterly, 746.86 feet, along a 2841.05 foot radius curve, concave Southeasterly, whose 744.71 foot chord bears N87°13'22"E, Thence Southeasterly, 39.76 feet, along a 25.00 foot radius curve, concave Southwesterly, whose 35.70 foot chord bears S39°41'12"E; Thence S05°52'22"W, 67.32 feet; Thence Southeasterly, 211.96 feet, along a 636.03 foot radius 2 curve, concave Northeasterly , whose 210.98 foot chord bears S03°40'27"E; Thence Southeasterly, 25.52 feet, along a 570.00 foot radius curve, concave Southwesterly, whose 25.52 foot chord bears S11°56'19"E; Thence S69°18'18"W, 214.92 feet; Thence N89°12'04"W, 659.86 feet; Thence N45°51'32"W, 73.10 feet; Thence N00°26'32"W, 284.81 feet, to the Point of Beginning. Said Tract of land contains 7.93 acres, more or less, and is subject to easements and restrictions of record. Applicant acknowledges that the City wishes to ensure completion of the neighborhood street network, thereby providing a secondary means of access to the property. Further, the parties acknowledge that Iowa Code §414.5 (1999) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs directly caused by the requested change. Therefore, Applicant agrees to certain conditions over and above City regulations as detailed below. In consideration of the City's rezoning the subject property with variations to the requirements of the underlying zone, the Applicant agrees that development of the subject property will conform to all other requirements of the Zoning Chapter, as well as the following condition: Applicant agrees and acknowledges that a building permit for the final 18-unit residential building on the subject property shall not be issued by the City until such time as the existing portion of Arlington Drive, currently located to the south of the subject property and connecting to American Legion Road, is physically connected to Court Street such that vehicular traffic can travel from American Legion Road to Court Street unimpeded. This connection shall include the platting of the right-of-way, construction and paving of the roadway, completion of sidewalks and any necessary utilities or drainage structures, and acceptance of the improvements by the City. 4. The Applicant acknowledges that the condition contained herein are reasonable condition to impose on the land under Iowa Code §414.5 (1999), and that said condition satisfies public needs which are directly caused by the requested zoning change. 5. The Applicant acknowledges that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. 7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Applicant from complying with all applicable local, state and federal regulations. 8. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 28th day of September ,1999. ARLINGTON, L.C. By: Gi~~atts;~ CITY OF IOWA CITY Marian K. Karr, City Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~ E day of .~e r-...te n-, t=~ ~-- %~,~d,,,c,L- F,-~'~' , a Notary Pui}liJ~)n '7~2 before me, and fir the State of Iowa, personally appeared Emest W. Lehman and Madan K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Pr'-'-,nh~tinn) No. 99 - ~? ~ passed by the City Council, on the ,.-a ~2 day of q~ -F~n',&e,,- , 19 ?? and that Ernest W. Lehman and Marian K. Karr acknowledged t~'e execution of the instrument t'o be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: --.g-'7- ,~o,~t? STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this \\A-,,, day of ~,-,,,-,~-_- , 19 '~ , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Gary Watts, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Nota~ ,~r-,,~ and for~t e State of Iowa My commission expires: "'[ ~, '3~ <3 ;>, . 4 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this \'~,'~"' day of "~ ~.L._ , 19 %%, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared John Moreland, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. My commission expires: ppdadmin~agt~:oudst.doc Prepared by: Melody Rockwell, Assodate Ranner, 410 E. Washlncjt~n Sb'eet, Iowa City, [A 52240; 319/356-5251 ORDINANCE NO. 99-3899 ORDINANCE VACA'I"ZNG AN APPROXIMATE 7,720 SQUARE FOOT UNIMPROVED PORTION OF V*ZRGZNIA DRIVE LOCATED BETWEEN LOTS 2 AND 14 OF NORTH HILLS SUBDIVZSION~ IMMEDIATELY NORTHEAST OF THE INTERSECTION OF VIRGINIA DRIVE AND RIDGEWOOD LANE, IOWA CI'TY~ IOWA WHEREAS, the City of Iowa City has received an application from Philip and Helen Oldis and Robert and Rosemary Oldis to vacate approximately 7,720 square feet of an unimproved portion of Virginia Drive located between Lots 2 and 1,t of North Hills Subdivision, immediately northeast of the intersection of Virginia Drive and Ridgewood LaDe; and WHEREAS, the subject right-of-way is undeveloped; and WHEREAS, the City has no plans now or in the future to develop the right-of-way as a street, alley or pedestrian walkway; and WHEREAS, vacation of the subject right-of- way will not abrogate rights of access to private property in the vicinity; and WHEREAS, the vacation will not diminish fire or emergency access to the area; and WHEREAS, except for a storm sewer, the subject right-of-way does not contain public or private utilities, and WHEREAS, the City will retain a storm sewer and drainage easement over the entire vacated area; and WHEREAS, it is in the City's interest to vacate and dispose of public right-of-way that is not needed for public access. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC:IL OF THE CITY OF IOWA CI'I'Y, IOWA: SECTION I. VACATION. The City of Iowa City hereby vacates the fight-of-way legally described as follows: Commencing at a found 5/8-inch iron pin, which is the Southerly Corner of Lot la,, North Hills Subdivision, in Iowa City, Iowa, as Recorded in Plat Book 5, at Page 10, of the Records of the 3ohnson County Recorders Office; Thence N32°O2'OO"E, (A Recorded Beating) along the Southeasterly Line of said Lot 1,t, 11.06 feet to the Point of Beginning; Thence Ordinance No. Page 2 99-3899 2 continuing N32°O2'OO"E, along said Southeasterly Line, 159.74 feet, to a found 5/8- inch iron pin, at the Easterly Corner of said Lot 14; Thence S45°54'30"E, along the Southeasterly projection of the Northeasterly Line of Lots 13 and 14, of said North Hills Subdivision, 51.13 feet, to a Point on the Southeasterly Right-of-Way Line of Virginia Drive; Thence S32°02'00'~/V, along said Southeasterly Right-of-Way Line, 149.06 feet; Thence N57°S8'00'~/V, 50.00 feet, to the Point of Beginning. Said tract of land contains 7,720 square feet, more or less, and is subject to easements and restrictions of record. 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 unconstitutional. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance, which shall be recorded by the applicants at the office of the County Recorder of 3ohnson County, Iowa, upon final passage and publication as provided by law. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Pass d approved this 28th day of Seer ,1999. ppdadmin\ordWirgdr. doc Ordinance No. 99-3899 Page 3 It was moved by Thornberry and seconded by Ordinance as read be adopted, and upon roll call there were: AYES:' NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef Vanderhoef that the First Consideration 8/24/99 Vote for passage: AYES: Lehman, Norton, O'Donnell, Thornberry, Vanderhoef, Champion, Kubby. NAYS: None. ABSENT: None. Second Consideration 9/14/99 Vote f or passage: AYES: Vanderhoef, Champion, Kubby, Lehman, Norton, O'Donnel 1, Thornberry. NAYS: None. ABSENT: None. Date published 10/6/99 City of Iowa City MEMORANDUM Date: To: From: Re: September 23, 1999 City Council Andrew Matthews, Assistant City Attomey////41 I.C.P.D. Tobacco Enforcement and Compliance Efforts By memo dated September 9, 1999, City Attorney Eleanor Dilkes provided each of you with a copy of a letter from the Iowa Department of Health, directed to City Attorneys, informing cities that the Department will institute various measures to bring non-compliance rates down with respect to retail cigarette sales to minors. The Department letter advised that the State's non-compliance rate by Iowa retailers with Iowa laws preventing cigarette sales to minors was 36%, thus endangering the State's federal funding for substance abuse treatment programs, which currently amounts to $5 million. The 1998 federal non-compliance rate was required to be at 25% or below. Accordingly, the Department indicated that it will begin issuing citations to owners/permit holders, when local citations are not issued. As you know, the Iowa City Police Department conducts regular compliance checks of retailers. According to I.C.P.D. records, during the period of 9-19-98 through 3-17-99, the I.C.P.D. checked 81 Iowa City businesses that sell tobacco products, resulting in a non-compliance rate of 14.8%. During the period between 7-13-99 through 8-20-99, 17 additional checks were conducted, which included re-checks of businesses that had sold tobacco products to minors on previous compliance checks. This resulted in a non-compliance rate of 0%, thus averaging an overall non-compliance rate of 11.5% for those periods of time. Because of FDA regulations and guideline changes, no checks were conducted between 3-17-99 through 7-1-99 to allow for adequate time for any administrative actions on the part of the FDA prior to any additional checks being conducted through FDA grant programs. One additional FDA certified officer has been added to assist in the compliance check program, bringing the total FDA certified police officers to five. Our office has been advised by the I.C.P.D. that they believe all citations issued to clerks charged with selling tobacco products have been resolved by guilty pleas, giving the program a 100% conviction rate for citations issued. If you have any questions, feel flee to call me or stop in. CC: Eleanor Dilkes, City Attorney Steve Atkins, City Manager Dale Helling, Assistant City Manager Marian Karr, City Clerk R.J. Winkelhake, Police Chief Prepared by: David Schoon, Economic Development Coordinator, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5236 ORDINANCE NO. 99-3900 AN ORDINANCE DESIGNATING AN AREA OF THE CITY OF IOWA CITY, IOWA, AS AN URBAN REVITALIZATION AREA WHICH SHALL BE KNOWN AS THE CENTRAL BUSIN ESS DISTRICT URBAN REVITALIZATION AREA. WHEREAS, Iowa Code Chapter 404 permits the goveming body of a city to designate an area of the city as an urban revitalization area if the area satisfies the criteria set forth in Iowa Code §404.1 (1999); and WHEREAS, the City Council of the City of Iowa City, Iowa has determined that the area within the City legally described below substantially meets the criteria of §404.1(3) and (4): Blocks 61-66 and 80-84 of Original Town Specifically. the area contains a predominance of buildings, which by reason of age, history, architecture or significance, should be preserved or restored to productive use and the area is appropriate as an economic development area as defined in Iowa Code §403.17 (1999); and WHEREAS, the City Council has determined that the rehabilitation, conservation redevelopment, economic development, or a combination thereof of this area is necessary in the interest of the public health, safety and welfare of the residents of the City of Iowa City, Iowa; and WHEREAS, the City of Iowa City previously enacted Ordinance No. 93-3600 which designated Block Sixty-Two (62), Original Town, Iowa City, Iowa as an Urban Revitalization Area; and WHEREAS, Block Sixty-Two will be contained in and better served by the Central Business District Urban Revitalization Area such that the prior Ordinance may be repealed as provided by Iowa Code Chapter 404 (1999). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Pursuant to Iowa Code Chapter 404 and in consideration of the recitations set forth above, Ordinance No. 93-3600 designating Ordinance No. 99-3900 Page 2 the Block Sixty-Two (620) Urban Revitalization Area is hereby repealed and the area legally described below is hereby designated as a revitalization area, which shall be known as the Central Business District Urban Revitalization Area: Blocks 61-66 and 80-84 of Original Town, Iowa City, Iowa 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 parlor 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 unconsti- tutional. SECTION IV. EFFECTIVF 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 MAYOR ATTEST: CL~,.',..~ CITY Ordinance No. 99-3900 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 Champion that the First Considemtion 8/24/99 Voter or passage: AYES: Vanderhoef, Champion, Lehman, O'Donnell, Thornberry, NAYS: Kubby. ABSENT: None. Second Considemtion 9/14/99 Votefor passage: AYES: Norton, O'Donnell, Thornberry, Champion, Lehman, NAYS: Kubby. ABSENT: None. Date published 10/6/99 Norton, Vanderhoef, Prepared by: Lisa Mollenhauer, Admin. Asst. to the City Manager, 410 E. Washington St., Iowa City, IA 52240, (319)356-5010 ORDINANCE NO. 99-3901 AN ORDINANCE AMENDING SECTION 6-4-5~ CITY CODE, TO ALLOW THE EMISSION OF SOUND ASSOCIATED WITH A CITY- APPROVED DEER MANAGEMENT PLAN. 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, the City of Iowa City has a noise control ordinance which may conflict with the implementation of the City's deer management plan; and WHEREAS, it is in the public interest to allow certain individuals, upon written consent of the City, to discharge firearms or emit other sound within the City for the purpose of implementing 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 6, Chapter 4, entitled "Noise Control", Section 5, entitled "Exceptions to Provisions," is hereby amended by adding the following subsection "M": The emission of sound by individuals with the written consent of the City for the purpose of implementing a City-approved deer management plan. SFCTION 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. FFFFCTIVE 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 ATI'EST:C~ ~- c~4A) Approved by ~,~A~r~e~,~2 ~-k"..,..~'~ mgr/ord/deer. ity y's Office Ordinance No. Page 2 99-3901 It was moved by Thornberr.y and seconded by 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 Thomberry X Vanderhoef Norton that the Fimt Consideration 8/24/99 Voter or passage:AYES: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. NAYS: None. ABSENT: None. Second Considemtion 9/14/99 Voter or passage:'AYES: O'Donnell, Thornberry, Kubby, Lehman, Norton. NAYS: None. ABSENT: None. Date published 10/6/99 Vanderhoef, Champion, Prepared by: Misha Goodman, Animal Shelter Supervisor, 410 E. Washington St., Iowa City, IA 52240; 319-356-5295 ORDINANCE NO. 99-3902 AN ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS", CHAPTER 4, ENTITLED "ANIMAL CONTROL". WHEREAS, thirty-five percent (35%) of all impounded animals have been impounded upon a previous date and less than five percent (5%) of all animals impounded have any type of traceable identification; and, WHEREAS, the injection of a microchip will allow the rightful owner of an impounded animal to be located immediately, thereby reducing the number of animals that are held in the animal shelter and the number of animals which must be euthanized due to overcrowding; and, WHEREAS, it would be in the public interest to clarify that an invisible fence does not constitute a fence for purposes of the City's animal control ordinances as invisible fences provide no warning for passers-by and furthermore provide no means to contain an animal once it has crossed the designated plane; and, WHEREAS, it would be in the public interest to clarify that prohibited animals may be included in a properly permitted circus. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Title 8, entitled Police Regulations", Chapter 4, entitled "Animal Control", Section 1, entitled "Definitions" is hereby amended by adding the following definitions: M IC ROC HIP: An encapsulated biocompatible computer chip, programmed with a unique identification number, injected under the skin of an animal to provide permanent identification. FENCE: A physical barrier intended to prevent escape or intrusion, entry or exit, made of posts and wire, boards, stone, brick. or similar material. Invisible fencing systems using underground wire or electronic collar devices are not considered fencing for the purposes of this Chapter. SECTION II. Title 8, entitled Police Regulations", Chapter 4, entitled "Animal Control", Section 8, entitled "Impoundmerit And Redemption Of Animals", Subsection D, entitled "Redemption Of Impounded Animals" is hereby amended by adding the following: 3. Microchip requirement: All dogs and cats over the age of four months impounded by the shelter which do not have traceable Ordinance No. 99-3902 Page 2 identification will have a microchip identification implanted permanently into the animal prior to redemption. SECTION III. Title 8, entitled Police Regulations", Chapter 4, entitled "Animal Control", Section 8, entitled "lmpoundment And Redemption Of Animals", Subsection G, entitled "Registry Kept" is hereby amended by amending subparagraph 1 as follows: 1. The City personnel or veterinarian authorized to impound animals, upon - receiving any animal pursuant to this' Chapter, shall make a complete registration for such animal, entering the date, species, breed, color and sex of such animal and any tattoo number and whether licensed. If such animal is licensed, the impounding authority or personnel shall enter the name and address of the owner and the number of the license tag and microchip. SECTION IV. Title 8, entitled "Police Regulations", Chapter 4, entitled "Animal Control", Section 6, entitled "Prohibitions and Requirements", is hereby amended as follows: Subsection A, entitled "Prohibited Animals" is amended by adding: 3. A prohibited animal which is part of a circus that has a valid permit under this Chapter. Subsection D, entitled "Animals At Large", subparagraph 1, subparagraph a is amended as follows: l a. It is tethered or on the enclosed fenced premises of the owner; or SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the 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. 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 VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 28th day of__ September ,19 99 , Ordinance No, 99-3902 Page 3 ATTEST: ~ 7~. '~~ Ap v b City Attorr~ey's Office dennis.mit~ord',43olreg.doc Ordinance No. 99-3902 P&ge 4 It was moved by Norton 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 8/24/99 Voter or passage:AYES: Champion, Kubby, Lehman, Vanderhoef. NAYS: Thornberry. ABSENT: None. Norton, O'Donnell, Second Consideration 9/14/99 Vote for passage: AYES: Vanderhoef, .Champion, Kubby, Lehman, Norton, O'Donnell. NAYS: Thornberry. ABSENT: None. Date published 10/6/99