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~. '~~
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City Attorr~ey's Office
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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