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HomeMy WebLinkAbout2000-09-19 Correspondence 09-19-00 2e( BOARD OF SUPERVISORS ] Sally Stutsman, Chairperson - Charles D. Duffy Jonathan Jordahl / Michael E. Lehman -. Carol Thompson September 7, 2000 ~'.=~' , Mayor Emie Lehman , 410 East Washington S~eet Iowa City, Iowa 52240 Dear Mayor Lehman: We have received a memo from the Johnson County Nutrition Adviso~ Board in which they request the Council of Elders suppo~ their request for parking space in the Iowa Avenue ramp. This memo underscores the importance of adequate parking to the success~l operation of the Senior Dining Program, and the importance of having the parking available from day one. The Nutrition Advisory Committee recommendation is that the Senior Center purchase at least 100 spaces to be available for Senior Dining participants be~een 11:00 a.m. and 1:30 p.m., Monday through Friday and at least 75 spaces on Saturday and Sunday. These spaces should be located in a predictable location, near the sk~alk if one is built. Parking for volunteers is also important and needed for non-senior volunteers as well as seniors. The Nutrition Adviso~ Committee requests six - eight rese~ed spaces for volunteers. The Board of Supe~isors suppo~s these recommendations ~om the Nut~tion Adviso~ Committee. We request that you work with us to assure that adequate parking is available for Senior Dining so that the program can sere as many seniors as possible. a~~d Chai~erson ss/ h cc: Iowa City Council Members Senior Center Commission Members Nu~tion Adviso~ Board (Title ~ Heritage Agency on Aging Members Jay Honohan, ARomey Nancy Cogan, Council of Elders SABd\Letters\Support Parking Space 913 SOUTH DUBUQUE STREET, SUITE 201 , IOWA CITY, IOWA 52240-4207 , PHONE: (319) 356-6000 , FAX: (319) 354-4213 09-19-00 Tie Reldllegse Bestallllllt led Nlgbtclgb 2e( 2 ) Ill EastColleg~t. Iowa City, Iowa 52240 Pha~ 338-6177 Fax 319-358-2128 September 13, 2000 .... ,~ "~ To The Iowa City City Council: ": .....: ' ' ~ .. :: .t, I would like to inform you of some of the new ways the Fieldhouse is reducing the amount of underage drinking done by those young adults who choose to break the law. We are going to start a wristband system to go along with our Legal stamp that we give to those patrons 2 1 and older. This will add another employee at the door on busy nights (THUR, FRI, SAT) which will put a wristband on all legal patrons who have already been stamped. Our servers and security staff will then have two items to check for to make sure only those patrons of legal drinking age are consuming alcohol in our nightclub. We have infonned the Iowa City Police and they like the idea, and the night officers have told me that they will have a much easier time identifying legal patrons and any underage patrons who are trying to break the law. We hope this step will have an immediate impact on any underage drinking going on at our establishment. Hopefully this will deter those few people out of the hundreds of people in our business from trying to break the law. I would like to remind the Council that the majority of those caught with alcohol in our business either have a good fake ID, or brought their own mini liquor bottle or beer in with them. Our servers have never been charged with serving an underage patron, none of them want to risk a $500 fine, and they know if I catch them they will be fired on the spot. I do not want to risk our Liquor License either, so we are very determined to combat the underage drinking problem any way we can. I am very tired of heating about how "the bars" downtown are doing nothing about the problems we have with underage drinking. We at the Fieldhouse can only control what goes on inside our 4 walls. We are doing everything humanly possible to combat the underage drinking problem. We put all our door and security staff through the Iowa City Police "Fake ID and Use of Force" training with officer AI Mebus, and we put all our servers through the TIPS training program (Training Intervention Procedures for Servers) I would bet most business owners do not even know what TIPS stands for, let alone train their employees with it. You can ask any of the Police officers who work the 3-11 or 11-7 shifts, we are doing the best job of all the "downtown bars" to uphold the law. We work very closely with the ICPD, and they respect our hard efforts we are putting forth. Most of the people who enforce the liquor laws downtown believe using wristbands will be a big step in helping to deal with this problem. And if you ask them about a 2 1 ordinance, most are against it, because they know as I do that alot more Fake lD's will be produced to meet the demands of the young adults who want a place to go and socialize, dance, play pool, etc. When the legal drinking age was 19, downtown had very few problems with underage drinking. When the law became the 2 1, it caused young adults to become criminals if they wanted to drink. DO not make the same mistake by making them criminals just because they want to hanE Out and be with their older friends at the varions "downtown bars" that allow them in. The bottom line is what will the consequences be if you pass a 2 1 law? Will it stop underage drinking? No. Will it bring out alot more Fake lD's? Yes. Will it be an enforcement nightmare for our staff and the Police? Yes. Will it make more young adults into criminals? Yes. I urge you to move slowly and consider all the ramifications of your actions if a 2 1 law was passed. Listen to not only business owners, but also to the people who enforce the law, the majority of underage adults who do not break the law, and the local citizens who want their sons and daughters to have a safe place to be each night, instead of out drinking and driving, or at a private, unregulated, out of control house party. Dave Moore Co-owner, the Fieldhouse Restaurant and Nightclub City of Iowa City MEMORANDUM Date: September 13, 2000 To: City Clerk From: Jeff Davidson, Acting JCCOG Traffic Engineering Planner ~'/( Re: Installation of NO PARKING HERE TO ALLEY and NO PARKING ALLEY TO HERE signs on the west side of the 400 block of South Johnson Street. As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. Action: Pursuant to Section 9-1-3A(10), of the City Code, signage indicating NO PARKING HERE TO ALLEY and NO PARKING ALLEY TO HERE will be erected on either side of the alley between the apartment buildings at 413 and 419 South Johnson Street. Comment: This action is being taken at the request of the property manager at 413 and 419 South Johnson Street to alleviate a chronic illegal on-street parking situation on the west side of the 400 block of South Johnson Street. Cars illegally parked on-street regularly block the entrance to the alley between 413 and 419 South Johnson Street. Iw/mem/jd-sjohnson.doc City of Iowa City MEMORANDUM Date: September 13, 2000 To: City Clerk From: Jeff Davidson, Acting JCCOG Traffic Engineering Planner 'e~l'~ Re: Installation of NO PARKING CORNER TO HERE and NO PARKING HERE TO CORNER signs on McLean Street between Ferson Avenue and Magowan Avenue As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. Action Pursuant to Section 9-1-3A(10) of the City Code, signage indicating NO PARKING CORNER TO HERE and NO PARKING HERE TO CORNER will be erected on the north side of McLean Street between Ferson Avenue and Magowan Avenue. Comment This action is being taken due to chronic, illegal on-street parking at both ends of McLean Street between Ferson Avenue and Magowan Avenue. The illegal parking creates visibility problems which are a safety hazard. jw/mem/jd-mclean.doc City of Iowa City MEMORANDUM Date: September 13, 2000 To: City Clerk From: Jeff Davidson, Acting JCCOG Traffic Engineering Planner ~e~l~ Re: Installation of a HIDDEN DRIVEWAY sign on Muscatine Avenue in advance of the intersection with Woodlawn As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action· Action Pursuant to Section 9-1-3A(1) of the City Code, signage indicating HIDDEN DRIVEWAY will be erected on Muscatine Avenue in advance of the intersection with Woodlawn. Comment This warning sign is being installed following a traffic study which indicated the criteria are met for installation of an obscured crossroad intersection warning sign. jw/mem/jd-muscatine.doc September 18, 2000 Mayor Ernie Lehman City of Iowa City City Hall Iowa City, IA 52244 De~ Mayor Lehman: We ~e watching with interest as you ~d your colleagues on the City Council review complaints reg~ding an ab~doned house at 300 McLe~ Street. At Knollwood L~e, we have a simil~ situation that we have been unable to re~ify through city o~cials. Knollwood L~e is a neighborhood of five homes on the noah side ne~ Dubuque Street. One of those homes was purchased in 1992... has never been occupied by its present owner... $d is in serious disrepair. Birds applerely ~e flying in and out of the house ~d weeds su~ound the lot. The front y~d is being used to store old excess building materials - in violation, we think, of building codes that would prohibit using a residential prope~y for commercial purposes. Jack Young owns the prope~y and been u~eceptive to eomplaims about the deterioration of the prope~y over the ye~s. We have periodieMly asked city o~cials for help in the matter. In 1996, our complaints resulted in ~. Young puRing up ~ unsightly "privacy fence" in this ~ont y~d. As prope~y owners in this nice Iowa City neighborhood, we ~e concerned about the neglect of 2 Knollwood L~e. It represems a health and safety h~d and its deterioration has had a serious negative impact on the re~ estate values for other homes on this street. As you review the city' s nuisance ordinance, we hope you enact legislation that will help prope~y owners deal with situations such as those app~ently faced on McLean Street... ~d here on Knollwood L~e. 1 Knollwood L~e 4 Knollwood L~e George ~~nn~y Brian and D~cy DeKoster 5 Knollwood L~e 6 ~ollwood L~e Marjan Karr From: James Edward Thomas [james_e_thomas@hotmail.com] Sent: Tuesday, September 19, 2000 3:41 PM To: cou ncil@iowa-city. org Subject: additional property owner's letter To Whom It May Concern.doc eSafe Protect Gateway (tm) has scanned this mail for viruses, vandals and suspicious attachments and has found it to be CLEAN. File: To Whom It May Conce (20,480 bytes) Encoding: Base64 Result: Clean. Dear Councilpersons; I am James Thomas the fellow who submitted, hopefully to all of you, a packet of information regarding the ordinance issue as it relates to the number of vehicles parked at 131 North First Avenue. Enclosed is an additional letter from another member of my family who was accidentally left out of the packet. This letter should be placed with the others in the section known as "statements of property owners. What I am attempting to achieve by "not" providing a copy of the packet to the City Clerk's office, is to allow discussion among Council Members only of the packet's content. I/we have lived in this community for over 16 years and care a great deal about Iowa City community maintaining it's integrity as a city with vast human resources of good-will and people of principle and open-mindedness. It is not our wish to soil the image of the City of Iowa City or engage in false accusations. However, the time has come to speak plainly about matters which touch upon diversity, race relations and the community's sensitivity and stance on issues of fairness and fairplay, which are concerns of all persons residing in the City of Iowa City. By the time the Council receives a report from its Chief of Police, you will understand that beyond the surface of an ordinance issue are far greater concerns which affect us all. I/we do not desire the press have an opportunity to air this packet, until at least the Council has had an opportunity to speak with one another. At the appropriate time, I have no problem releasing data to the press that will provide clarity to the public, but which also does not create an additional burden of controversy. Therefore, I humbly request each Council Member to treat the information within the packet with the greatest of confidentiality and care, if possible. I have grave concerns about the labeling or erroneous discussions of matters which can be handle without a great deal of adverseness. The matter related to the maintenance issue of Rochester Place Subdivision storm detention area and walkway, falling by default upon us, the property owners of 131 North First Avenue, however is a serious one. For the past 10 years the entire care of maintaining the area has not been a shared one, neither physically nor financially, it has fallen on us, as the default property owners. Each homeowner in the Rochester Place Subdivision got a copy of a set of covenants approved by the Council at the time Oakes Construction was granted the approval of the subdivision. The language of the covenant is clear. Each homeowner has a 1/22 share in the upkeep and maintenance of the area, including the sidewalk, of which 412 feet runs on the north side of our property. So for the past 10 years, we have maintained the areas without assistance from the other 20 property owners (we own the lower two lots, 21 & 22). This matter is one in which I will speak to the City Clerk about as an agenda item for the September 28th meeting. It is clear from the language of the covenant that that Council, years ago, intended that all 22 lot owners "share" in the burden of, as well as in reaping the benefits of the walkway. Members of the upper 20 lots have never offer to assist, at any point over the past 10 years, nor have they offered any compensation for work performed. I am sure, that Council's intent was not to place the entire burden on the lot owners whose properties were directly impacted. To interpret this provision in any other way would suggest the Council knowingly engaged in the formation of an association, a subdivision and its accompanying rules and procedures which constituted a fraud and thereby also unenforceable. Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com. Share information about yourself, create your own public profile at http://profiles.msn.com. To Whom It May Concern: At this point in time, I happen to be a familiar resident at 131 North 1 st Avenue. Although I may not have encountered as many disrespectful acts as other members of my family has, I still see the racism that exists in this neighborhood. One incident that comes to mind is one day during the summer about five years ago, a hot air balloon was unable to continue its path of flight (maybe the air was too still or something). Whatever the reason was, they figured that it would be the easiest thing to land in our backyard. People from all over the neighborhood and beyond trampled through the yard, brought their pets, irrespective of the fact that they were on private property. They did not respond and treated it as if it were a city park when they were asked to leave. I guess they weren't used to seeing people of color in the neighborhood on such a fine piece of land. Also there have been kids, adults, and track teams that have crossed through the yard. Many times we'd ask them to use the sidewalk and get off the yard. Sometimes they were complacent, other times gave us the occasional "finger", but why should we be subject to that if they are on property that doesn't belong to them? Even though this isn't much, I hope this summarizes some of the negative experiences that exist in this neighborhood. Not to mention, that the only time our neighbors communicate is when they have a problem about the house. Thanks A. Thomas STATEMENTS OF PROPERTY OWNERS September 18, 2000 TO: IOWA CITY COUNCIL FROM: Property Owners of Lots 21 and 22/13 1 North First Avenue RE: Proposed Review/Creation of Ordinance About Number of Vehicles Parked on Private Residential Property I. The question is? Who is the parking of vehicles at 131 North First Avenue bothering? What injury is being caused? Why can't those offended by the legitimate parking of vehicles on private property that have no commercial or business purpose, simply avert their eyes if offended? Should a homeowner's rights of enjoyment of property be limited because of others whom are offended by what they see? When or where will it stop if the City undertakes a deliberate process to modify, alter or limit the lawful behavior of property owners because of some objections of a few? Shall we next limit the number of trees, bicycles, lawn chairs placed on personal property because of subjective complaints? ......... and if we say yes to any of the above questions, public interest is being served? II. Have the Property Owners at 131 North First Avenue ever been made aware of concerns or complaints of "neighbors"? Amazingly, the answer to this question is no.t In ten years of living at 13I North First Avenue, not one phone call, letter nor personal visit has ever occurred concerning issues anyone had with vehicles are parking on the grounds of the property. Not one.t However, many cowardly acts of vandalism trespass with nasty responses and snooty/snottv attitudes have taken place. The perceptions of a black family living on First Avenue have been filled with negative and sometimes almost comedie events. I, James Thomas, have been hailed over to the street while riding my John Deere tractor and mowing grass on least 9 or l O occasions. I have been asked repeatedly how much I charged to mow the lawn (the presumption that I was the maintenance man), after hearing this after the third time, I began to tell people, I didn't charge the homeowner anything,, because I "slept with her ". For you see unintentional racism, supposition, and presumptions have the same bite as intentional racism, when it happens frequently enough. I am sure racism was not the original intent, many were simply curious and innocent, but also lacked enough contact, information and affiliation with people unlike themselves. Matter of fact, my children were often told in school (at City High), once they revealed where the lived, that the prevailing thought was drug dealers or mafia people resided at 13I because of the number of cars. I have also been stopped, also while mowing grass and asked whether I sold used cars, sad isn't it? When people don't have enough of their own business to keep them occupied. We have resided at 131 since the time the house was built (1990). I have commuted the past 7 years from Iowa City to Madison, Wisconsin, where I was employed as the Dean of Admissions of the Law School, until early this year. My last two years at University of Wisconsin was as a Legal Advisor to the Provost and Special Consultant. For the past year, we have been in the process of consolidating three residences into one, which mean not only cars, but furniture and other items have all been relocated to 131 North First, until decisions can be made as to what to do with them. (IF ONLY SOMEONE HAD ASKED, WE WOULD HAVE MADE IT PLAIN). I am a graduate of the University of Iowa Law School, former Director of Admissions at the Law School and first Compliance Officer hired art the university shortly after graduating from law school. I have lived in the Johnson County community for the past 16 years and becoming increasingly alarmed with the ca!iousness and insensitivity that Iowa City is transfiguring into. I truly believe that Iowa City can resurrect itself into what it once was, .......... but it will take open and honest dialogue of what the problems are. I think the current situation at hand is reflective of the ca!lousness then seems to be overtaking Iowa City. The PressCitizen Article .................... I agree with Councilman Kanner, in his final comment of the Press- Citizen, Friday, September 15, 2000, when he stated .......... "Sometimes it is not good to make a law for one problem". This is exactly what the City of Iowa City would be doing in this instance, because the real problem here is not the numbers if vehicles, it is the on- going efforts of a few persons to modify the lifes.tyles and choices that the Thomas househoM has selected. I make this statement with the greatest of confidence based on the past history of events that have surrounded the selection of this property as our home since 1990. From the time we took possession of this property until now, there have always been over ten vehicles parked at this location. Why, you might ask, ten years later t',as it become an issue and thoughts of an amendment are being discussed at this time? Because the complainers have not been successful in making the problem they perceive go away. In other words, the existing parking arrangements on the proper.ty are in compliance with the existing city ordinances that govern parking. II. History of the Problem I suggest to the Council that the real problems underlying this new effort to bring about limitations of numbers of vehicles can be directly linked to numerous acts of criminal mischief, racial discrimination and trespass over the past 10 years. Chief of Police, R.J. Winkelhake has a filed documenting the numerous reports filed with the City of Iowa Police department detailing a wide variety of incidents which have occurred at 13 1 North 1 Various Acts of Vandalism, Littering, Etc. They range from simply trespass, vandalism, littering of not only trash, but bags of garbage, the destruction of 6 mailboxes, urinations on cars and boats, curbing of dogs on the property and the shooting out of car windows. The latest episode of vandalism occurred this weekend when the cable attached to the pole abutting the vacant lot has been pulled loose, interrupting cable service for the entire weekend. Other recent acts included the slashing of a sidewall of a tire located on a vehicle that was closes to the sidewalk and out of plain sight. All of theses things have occurred simultaneously with the constant filing of anonymous complaints to the building inspectors office of violations of City Code 14-6A-2. The problem with the ordinance is it only is initiated upon the filing of a complaint, and anonymous complaints receive the same degree of response as known complaint fliers. Therefore the following is also true. The property owners at 131 North First Avenue have received a number of complaint regarding vehicles parked in the back yard of the property, immediately behind the house. The only way it is possible to see behind the house, one must either come upon the property, or travel the 433-foot sidewalk that is immediately north of the house, which is incidentally where the bulk of the acts of vandalism are taking place. Upon under-going the increased scrutiny by "neighbors", we were systematically served with citations from 8/11/98 until present. For your review, enclosed please find; 1 ) statements from property owners who reside at 13 1 North First Avenue 2) notice of violations regarding parking 3) court action regarding violations 4) City Code Sections 5) written information submitted and argued regarding violations 6) copies of police reports filed regarding vandalism and trespass 7) copies of storage rental leases/payments 8) cost of concrete construction of rear parking pod and driveway expansion 9) plans are underway to construct a addition, which will also house the the vehicles that we will keep 10) the completion of the final stage of the horseshoe driveway is slated to commence by the end of this current week, a curb cut permit was secured sometime ago, but due to other pressing matters completion had to be post-poned until this time I sincerely hope and trust this information provides another valid view point, which may not be obvious based on the reporting of complaint. Before closing, I would like for the Council also to advise me on an issue that I have with the other 20 lot owners in the Rochester Place Subdivision. The City of Iowa City Council in allowing Oakes Construction Company to create the residential subdivision which houses 22 lots, including two owned by the property owners of 13 1 North First Avenue, ( lots 21 and 22) required several things of the developer, storm drain easement, and a public walkway. That City Council' s rationale was to provide convenient of access to members of the Rochester Place subdivision to First Avenue. Although on its face, it seems a great ideal, it is the primary source of many of the re- occurring problems for the prope~y owners at 13 1 north First Avenue. Much of the rude, disrespectful behavior of "neighbors" cutting through the property by coming off the sidewalk and taking short cuts directly behind the home had violated much of the "quiet enjoyment" most property owners in Rochester place experience, without the sidewalk. The other issue is the care and maintenance of the walkway and storm water detention facilities. Even though both the walkway and Y2 of the total storm water retention basin is on the property owned by the homeowners at 13 1 North First Avenue, the same homeowners have absorbed 100% of the year- round maintenance of the 412 feet of sidewalk that run along the north boundary line of the property. Provisions of the Covenant indicated that each lot owner has a one (1) vote see 2.2. An Association was to govern the maintenance, repair and replacement of common elements. The problem is, ......... no association known to me has ever existed, by 13 1 being the default lot/property owner, has absorbed the entire expense of snow removal, mowing, tree maintenance and repair after storms or bad weather. Over the last 10 years, the cost of maintenance absorbed by the 13 1 Property Owners is in excess of $15,000.00. This amount does not include the purchase of mowers, power saws, carts and other accessories that are necessary to maintain the entire area in a good and suitable condition. Each property owner has a 1/22 share of cost for maintenance, etc. Please feel free to advise. To Whom It May Concern: I have been a member of the Iowa City community for the majority of my life. I have attended elementary, junior high, have graduated from City High in 1997. Our family has been residing on the East Side of Iowa City for about 11 years, but I can definitely say that these past eleven years have been the most challenging. When we first moved to ! 31 North First Ave,(the summer of 1990), and the reception from people of the neighborhood was similar to that of when we first arrived to the state of Iowa in 1984-constant stares of disbelief. As cars passed by our home, the drivers slowed down as their heads remained fixed on the house and my family doing yard work or getting into one of our vehicles. I remember as we were moving our things into'the house by way of the garage, a man drove into the driveway, parked, and proceeded into the open garage. Although there was no for sale sign in the yard anymore, the man proceeded to ask one of my parents, 'if we knew if the owners of the house was around'. He was evidently under the impression that my parents were not the owners of the home. As a student at City High, some students, upon learning where I lived, made reference to my being able to live in that "big house on the hill", required an illegal profession, such as drug dealing and/or members of the Mafia. Besides the jokes about the Mafia and "drug life", there had been countless times where newspapers, wrappers, and bottles (glass/plastic) have been discarded in the driveway as well as the yard after kids are coming back from the direction of Dan' s Short Stop. It is things like the two incidents mentioned above, that can be looked at as sources of irritation, aggravation, and conceivably, disrespect. September 18, 2000 From the time we purchased our home at 13 1 North First Avenue, there have been numerous occurrences that I tieel were invasive, disrespectful and in some cases, racially motivated. These occurrences, though not listed chronologically, are listed below. As I remember and document these acts, they are having the same impact on me as the day they occurred. 1. As we were moving in, all the doors to the house and one garage door were open. It was during the summer of 1990, the weather was hot, so it seemed logical to have the doors open. We were surprised as we came downstairs to see a man standing in the dining room area wanting to know if he could "help" us. He made some mention of the owner not being available and he could contact him (owner) for us. His offer to help was not to help us move in, but rather to question our being in the house. Did it occur to him that we were the owners? He never asked. Would he have done the same thing if the family moving in were Caucasian? 2. On several occasions, school age children walking from the Rita Lyn Ct. homes to First Avenue, using the sidewall~ on the north end of the property, have decided to leave the sidewalk and walk across the backyard to the hill on the southwest end of the propert>,'. Those that I saw, I called out to them and told them to get out of our yard and use the sidewalk. The responses I got ranged from some actually leaving the yard to others saying "this is not vour property" and continuing to walk across the yard. 3. On several occasions, as I left for work in the mornings, I have seen debris in the yard...debris that was not there the previous evening. This debris consisted of cups; wrappers and bags from Blimpie's. empty cigarette packs, empty or partially empty pop cans and bottles. One morning I found a bag of McDonald's fries on the driveway just outside the garage door between two vehicles that were parked there. Neither of us smoke, we don't buy Blimpie's and we don't use our driveway as a trash receptacle. How' this debris got in the yard and especially how the fi'ies got to where they were is a mystery to me. 4. A cable technician/repairman was seen in the middle of the backyard, w'alking from the north end to the south end of the house. His service van was parked in the driveway in the front of the house. When I asked if I could help him find something, he replied looking for the cable pole...oh, it's out front". If he was not sure of the location of the cable pole, why didn't he come to the front door, ring the doorbell (or knock) and ask? A reasonable person would have asked. These incidences are only a few of the many that have occurred. Some may appear insignificant to some people, but being on the receiving end, I must wonder why. These indignities are disrespectful and invasive at the very least. Racist? Racism in Iowa City? You tell me. NOTICE OF VIOLATIONS NOTICE OF VIOLATION Date: August 11, 1998 k CITY OF I0 WA CITY JAMES THOMAS JAMES & SANDRA L. THOMAS 131 N. 1ST. AVE. IOWA CITY. IAf'52245 Case #: COM98-0469 Location of Violation: 131 N 1ST AVE Dear Property Owner: According to the records of the tax assessor, you are the owner of the above-referenced property. On 08/11/98, I observed an apparent violation of the Code of Ordinances of the City of Iowa City on your property. Type of Violation: 14-6N-1B PARKING ON UNAPPROVED PARKING SURFACE. Corrective Action Required: CEASE PARKING ON UNAPPROVED SURFACE. VIOLATION MUST BE ABATED ON OR BEFORE 08/28/98 If you believe that you are not ~n violation of the City Code, please contact this office to review the situation. If you Intend co bring the property into compliance with the Code, but cannot meet the stated deadline, please contact this elfice and we will attempt to work with you on a short extension. If you do not take the requested action or make other arrangements with this office by the specified date, we will beg~n formal enforcement action. You will not receive an additional warning before we begin formal enforcement action. Enforcement action may ~nclude civil penalties, administrative remedies such as denial or revocation of City permits and l~censes, criminal court proceedings, and/or action for an injunction or other court order directing elimination cf the '.'lclaclon. If you wish to discuss any aspect of this order, please call me at 319-356-5125. David Campbell ~~j~--___ ~ ~Z~ ~. Inspector - · ~ CITATION MUNICIPAL INFRACTION -- CiTY OF iOWA CITY OR[:)IFIANCE VIOLATION l: ~3 T~e gi~y of low8 CiJy. Iow~ vs. LAST bL:~",~ ~T L~j j',:'b~ .;{ T~OOLE Iowa City, IA 52245 ~,:y s,a,, z,~ The undersigned stales that the Defendant did violate the Iowa City Code of Ordinances on or about: 9 / 21 / 98 at 11: 30 [~AM. [ ]PM.,at 131 ~. let ~ve~ue Address of Violation(8): Iowa City, IA Defendant herein did violate Section 14 - 6N- 1 B of the Code of Ordinances of the City of Iowa City. Iowa. as follows: Parking on unapproved parking surface- 4 vehicles & 2 boats on the grass in the rear yard. CIVIL PENALTY AND COURT COSTS TO BE 10 0,0 0 PAiD AT THE TiME AND PLACE OF THE CIVIL PENALTY ASSESSED S COURT APPEARANCE SHOWN ON THE CITATION PAYMENT MUST BE MADE BY COURT COSTS CASH OR CHECK TO CLERK OF COURT. TOT4L S/'~F, COURTHOUSE. JOHNSON COUNTY. IOWA. " · Defendant is lorthwith directed to pay the civil penalty and to correct'cease the viol.no...fo,ow.: 1)Cease parking on unapproved surface. 2)Install hard surface conforming parking spaces. TO ANSWER THE CHARGES ON THIS CITATION. YOU MUST APPEAR IN COURT ON 10 / 15/ 98 at 8:00 XJA.M[ JP.M- Mo Day Johnson County i~-agistrate Court IN THE COURT AT EAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE WILL RESULT IN JUDGEMENT FOR THE CIVIL PENALTY AND COURT COSTS AND AN ORDER TO CORRECT/AOATE THE VIOLATION(S} BEING ENTERED AGAINST YOU. The undersigned attests that the matters herein are true and correct. ey City Employee: Dave Campbell Title: Buildinn Insp. ~ 98 Dated: 10 / ~' / Phone Number: 3 5 6 - 5 12 5 Mo Day v, IN THE IOWA DISTRICT COURT, IN AND FOR JOHNSON COUNTY CITY OF IOWA CITY CASE N0.06521 Plaintiff ~ ORDER SETTING vs. CHARGE Sme~A ;.OUISE TSO~U~S J~ES THO~S ) DATE 09/16/99 The defender appears by The plaintiff appears by Hearing on type of ) Restitution ( ) Sentencing ( ) Bond Forfeiture ) Motion to Dismiss ( ) Motion to Suppress ( ) Motion in Limine ) Viol.No Cont. Order ( ) Revocation of Prob. ( ) Show Cause ) Show Cause BEP ( ) Final Hearing ( ) App. to Withdraw ) Bill Of Particulars ( ) Probable Cause s set for the 10/06/99 at 09:00 AM. in Iowa City, Iowa, before a Judge of this Court. The defendant's presence is required at all hearings. [ C erk to notify. [ ] Copy given to ae'fendant/Se[enSe counzel. [ ] Bail is [ ] Warrant is recalled 8~' · ~rsonne~ [ ] Summons is recalled. fG~ Ma~hngD~umen · . /---, , ~ "' ;" '/~-'.Z-," '~ Judge,~f the Sixth Judicial District If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your ADA coordinator at 1-319-398-3920 ext 200. If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942. CITATION MUNICIPAL INFRACTION _ CITY OF IOWA CITy ORDINANCE V~OLATIOK 1,o,,,~o. The City of iowa City. Iowa vs DEFENDANT NAME: ~I~J~or/}a,G, jarQes [~ST FI~1 MlOOt~ ADDRESS: ~3~ N. ~st AVeDue Iowa City IA 52245 C~ly Stale Z~p The undersigned states that the Defendant d;d violate me Iowa City Code of Oremances or about; 9 / 21 ~ 98 at 11: 30 uo Day vr ~ -' -- ~ ]A.M [ }PM · ~re..ofv~at~.(.): Z3~ N. ZSL Avenue Oefe~anl h~rem did violate Section Z~-~- Z~ of the Cod of Ordinances of the City of Iowa Cdy, Iowa, as follows: vehicles ~ bo~Cs oa Cbe CIVIL PENALTY AND COURT COSTS TO BE ~ PENAL TY ASSESSED ~ O0 ~ d o~eQse ~50, . PAID AT rile TIME AND PLACE OF THE ~OURT APPEARANCE SHOWN ON THE ;ITATION PAYMENT MUST BE MADE BY COURT COSTS ;ASH OR CHECK TO CLERK OF COURT. :OURTHOUSE. JOHNSON~OUNTy. IOWA tOTAL. }efendanl to fo~h~'i~lN Io ~ Ihe clWl ~nllly ,;d~n. ~o.m: 1 )Ceas~arktn~ on unapprove~ ;urface, 2)In~t~l hard :onformlng Parkla~ spaces, ' , ANSWE~ lS~ CHABG[S ON THIS CF~ON, YOU MUSt APPEA~ ~N COURT ON 9 / 16 / 99 a~ ~ MO. Day Yr rHECOURTAT Johnson Count~trat. CanrE ILURE TO APPEAR IN COURT WITHO~ gOOD CAUSE WILL RESULT IN JUDGElENT undersiGned attests that ~ maue~s herein a,e wfue and :ityEmpl0yee. Dave Cam~bel~ Tue- ~uildifig 9 3 9 ' MO Day y, COURT ACTIONS MEMORANDUM TO: Dennis Miller, City Attorney City of Iowa Ci FROM: ~tTa~~su RE: e Involving 14-6N-1B Not Guilty Plea as On-Going Plans to Build/Fractor on Premises as of September 15th DATE: September 15, 1999 Per our telephone calls of Wednesday, September 8m and today, September 15m, this letter confirms the agreement that the second citation action would be continued per the first phone call. As explained to you on September 8~, plans are underway to build a garage to house the vehicles parked on my property at 131 North First Avenue. The problem is, upon speaking with Dave Campbell on September 15~h, the approved permit to construct the garage had expired. When I spoke to him, he indicated that nothing could be done until I spoke with you or went to court on the second citation which was delivered on September 8~. I indicated to Campbell that we had spoken and had indeed reached an agreement that I would go forth with the garage construction. Campbell indicated his understanding from you, that I would go forward with the construction of the concrete slab. This however, is not correct, because as you may remember from the first hearing, my concern was why should I go through the expense of building a very large concrete slab, and then tear k out (within a short period of time) to build a garage. Therefore, my conversation with you last week indicated the construction of a garage not a parking slab. Campbell seems to believe there may be some difficulty with the garage as the new dimensions are slightly larger than the orifinal. He suggested that I submit a new request for a building permit. The new plans are including indicating a garage with dimensions of 44fc by 66ft. The old approved permit was for a structure of 30R. by 60ft. My conversation with Campbell was to determine if it was lawful to begin the earth evacuation prior to a permit being issued. He indicated that it was, but I think given the several mi.~- comrmmications and other oddities related to this year old matter, it may be probably best to wait until the permit is actualby issued. Camp. bell also indicated that it is standard procedure in Johnson County whenever a garage over 1000 sq. ~., is constructed that frost-footings of 42 inches in depth are required. By the way, the tractor to commence the work was brought onto the property and preliminary procedures were undertaken to start the project. I asked the workers not to break ground until the actual p~i~i is in hand. I hope you find thi~ information sufficient and if necessary, enter a plea of "not m,iltv" regarding the 9/16/99 Johnson County Magistrate Court hearin~ I greatly appreciate your consideration in this matter. IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY CITY OF IOWA CITY, ) ) Plaintiff, ) MUNICIPAL INFRACTION ) v. ) Small Claim No, CISCO48510 ) JAMES THOMAS. and ) STATUS REPORT SANDRA L. THOMAS, ) ) Defendants. ) COMES NOW the Plaintiff, City of Iowa City, and pursuant to the Court's Order entered in this case on October 6, 1999, hereby files a status report as follows: 1. Defendants have removed the vehicles stored on the property at 131 N. 1s~ Avenue in compliance with the Court's Order entered on October 6, 1999. Respectfully submitted, Dennis Mitchell 00014867 Assistant City Attorney 410 East Washington St. Iowa City. Iowa 52240 (319) 356-5030 ATTORNEY FOR PLAINTIFF Copy to: James and Sandra Thomas 131 N. 1 s, Avenue Iowa City, IA 52245 DEFENDANTS Clt! October 20, 1999 Mr. James Thomas 131 N. 1 st Ave. Iowa City, IA 52245 Dear Mr. Thomas: I am writing in follow-up to our hearing before Associate District Court Judge Steven Gerard on October 6, 1999. Although I have not yet received a copy of the Order entered by Judge Gerard, it is my recollection from the hearing that you would have until December 1, 1999 to get the ' property you own at 131 N. 1st Avenue into compliance with the City Code with respect to the vehicles and boats which are being parked in the back yard. I wanted to let you know what options were available to you in order to comply with City ordinances: 1. Up to four vehicles and/or boats may be parked in the back yard as long as the vehicles and/or boats are parked on a hard surface. The vehicles must be operable (including being licensed) and there must be a conforming aisle leading to the parking area. The remaining vehicles and boats will have to be stored somewhere else. The parking of more than four vehicles and/or boats constitutes a parking lot, which is not a permitted use in a residential zone. 2. As we have discussed previously, you may construct a garage in the back yard in which to store your vehicles and boats. However, the square footage of this garage combined with the square footage of your current garage must not exceed the square footage of your residence. Otherwise, the garages then become the principle use on the property. Garages are not a permitted principle use in a residential zone. Based on the information we had available at the time of the hearing, we calculated the square footage of your residence to be 3258 s,.iuare Feet (thine fleors ~ .... square ........ ~" .... :~ th ....... current garage from this amount (g78 square feet), you would be allowed to build a garage up to 2280 square feet. If you have any questions regarding the above, please feel free to give me a call at 356-5030 or call the Building Department at 356-5120. Dennis J. Mitchell Assistant City Attorney c: Dave Campbell, Building Inspector 4 o EAST WASHI.',;GTO.",; STREET · IOWA CITY. IOWA 52240-I826 · (319) 356-~00 IN THE IOWA DISTRICT COURT scsco JOHNSON COUNTY, IOWA Pfa~t/ VS. Address of said Plaintiff Address of said Defendant Plaintiff Defendant Address of said Plaintiff Address of said Defendant TESTIMONY OF WITNESS: ,.,J -_.~ TESTIMONY OF WITNESS: CITY CODE SECTIONS 14-6A-1 14-6A-4 CHAPTER 6 ZONING ARTICLE A. ZONING TITLE, PURPOSE AND SCOPE SECTION: F. Facilitate the adequate provision of transportation, water, sewage dispos- 14-6A-1: Shod Title ai, schools, parks and other public 14-6A-2: Purpose requirements. (1978 Code §36-1) 14-6A-3: Interpretation And Application Of Provisions 14-6A-4: Scope 4-6A-3: INTERPRETATION AND AP- PLICATION OF PROVISIONS: In interpreting and applying the provisions of this Chapter, such provisions shall be 14-6A-1: SHORT TITLE: This Chapter held to be the minimum requirements for shall be known and may be cited the promotion of the public safety, health, and referred to as the City ZONING CHAP- convenience, order, prosperity and general TEn or ZONING ORDINANCE. (1978 Code Iwelfare. This Chapter is not intended to §36-2) interfere with, abrogate or annul any ease- ments, covenants or other agreements between parties, except if this Chapter 14-6A-2: PURPOSE: The purpose of this imposes a greater restriction, this Chapter Chapter shall be to: shall control. (1978 Code §36-87; amd. 1994 Code) A. Promote the public health, safety, order, convenience, prosperity and general welfare; (1978 Code §36-1; 14-6A-4: SCOPE: Except as otherwise amd. 1994 Code) provided in this Chapter, the use of premises and structures in the City shall B. Conserve and protect the value of be in accordance with the minimum stan- property throughout the City and to dards hereinafter established: encourage the most appropriate use of land; A. No structure shall be installed, con- verted, enlarged, reconstructed or C. Lessen congestion in the streets; structurally altered to exceed the height limit established for the zone in D. Prevent the overcrowding of land; which the structure is located. E. Avoid undue concentration of popula- B. No use shall be established nor~ shall tion; and any structure be installed, converted, enlarged, reconstructed or structurally altered, except in conformity with the 798 Iowa City 14-6N-1 F~ ~' '/' '~, 7 ? ~ 14-6N-1 CHAPTER 6 ZONING ARTICLE N. OFF-STREET PARKING AND LOADING SECTION: within the original building and all enlargements shall thereafter comply 14-6N-1: Off-Street Parking Requirements with the parking requirements set forth 14~6N-2: Off-Street Loading Requirements herein. 4. A use existing prior to the effective date hereof, for which the current, 14-6N-1: OFF-STRF. F.T PARKING RF.- required number of parking or stack- 0UIREMFNTS~: Off-street park- .ing spaces is not provided, may be ing and stacking spaces, aisles and drives converted to another use without full sh, h~l be provided and maintained in compli- compliance with the required number ance with the following requirements: of parking or stacking spaces, provid- ed: """~. General Rules and Regulations: The following rules shall govern in the a. If subsection I of this Section design, location a*t~'d number of off- would require a greater number of street parking and stacking spaces, parking or stacking spaces for the aisles and drives. converted use than were required for the established use, the increased 1. Where a fractional space results, number of parking or stacking spaces the number of parking and stacking shall be provided in compliance with spaces required is the closest whole subsection B of this Section. number. A half space will be rounded down. b. In addition to the number of spaces required under subsection A4a 2. Whenever a use existing prior to above, or if subsection A4a does not the effective date of this Section is apply, as many additional spaces as enlarged less than fifty percent (50%) the Iof will accommodate shall be in floor area, the addition or enlarge- provided. ment shall comply with the parking requirements set forth herein. 5. In the case of mixed uses, the park- ing and stacking spaces required shall 3, Whenever a building existing prior equal the sum of the requirements for to the effective date of this Section is the various uses computed separately. structurally altered by one or more ~ additions, the sum total of which in- 6. Tlie storage of merchandise, mate- creases the floor area fifty percent rials, equipment, refuse containers, (50%) or more, the uses contained obsolete or junk vehicles or the major 1. See Chapter 9, Article A of this Title for parking facility impact fee. 296 Iowa City 14-6B- 1 14-6B-2 CHAPTER 6 ZONING ARTICLE B. ZONING DEFINITIONS SECTION: ACCESS: The place, means or way by which pedestrians or vehicles shall have 14-6B-1: Rules Of Word Construction ingress and egress to a property or parking 14-6B-2: Definitions area. ACCESSORY APARTMENTS: A temporary accessory dwelling unit located within an. 14-6B-1: RULES OF WORD CONSTRUC- owner-occupied single-family dwelling and TION: meeting the requirements of this Chapter. A. Words in the present tense include the ACCESSORY BUILDING/USE: A building future tense; the singular number or use which: includes the plural, and the plural number includes the singular. A. Is subordinate to and serves a princi- ..~ pal building or use; B. The word "shall" is always mandatory; Jthe word "may" is permissive. B. Is subordinate in area, extent or pur- pose to the principal building or use C. Terms not defined shall have the served; meanings customarily assigned to them as defined in Webster's New C. Contributes to the comfort, conve- Collegiate Dictionary, as amended. nience or necessity of occupants of Uses not defined or listed shall have the principal building or use; and the meanings as defined in or catego- rized according to the Standard Indus- D. Except for off-street parking as provid- trial Classification (SIC)Manual, Su- ed in subsection 14-6N-1C of this perintendent of Documents, U.S. Gov- Chapter, is located on the same lot as ernment Printing Office, all as amend- or across a street, alley or railroad ed. (1978 Code §36-4) right of way from the principal use. ADDITION: An extension or increase in 14-6B-2: DEFINITIONS: As used in this floor area or height of a building or struc- Chapter, the following definitions ture. shall apply: ADULT DAY CARE: An organized prdgram ABUT/ABUTTING: Contiguous; having a of short-term supportive day care in a group common boundary, wall or property line. environment for adults who need supervi- sion, assistance or both. Services may 897 Iow~ Cit), 14-6B-2 14-6B-2 beauty shops; barbershops; shoe repair PUBLIC UTILITY: A system owned and shops, shoeshine parlors and hat cleaning operated by a licensed public utility compa- shops; funeral homes; and other establish- ny or by a railroad company. Such systems ments engaged in providing personal ser- do not include those owned and operated vices, such as steambaths, reducing salons by the City of Iowa City or other govern- and health clubs, clothing rental, locker mental agency. rental and porter services. (See major group 72 of the Standard Industrial Classi~- QUARRY: Land used for excavating stone cations Manual, as amended.) or slate as an industrial operation. PLANTING AREA: An unpaved pervious REAL ESTATE SALES CENTER: A tempo- area intended or used for the placement of rary on-site office within a model dwelling a tree. unit with the provisional use as a real es- tare office for the sale of dwelling units PORCH: A covered entrance to a building and/or lots within the same subdivision or consisting of a platform area, with open or development in which the sales center is enclosed sides, projecting from the wall of a located. building. RECYCLABLE MATERIALS: Reusable PREMISES: See definition of Lot. materials including, but not limited to, met- el, glass, plastic, cardboard, and paper PRINCIPAL BUILDING: A building contain- products which are intended for reuse, ing the principal use. remanufacture or reconstitution for the purpose of using the altered form. "Recy- PRINCIPAL USE: The primary use(s) of clable materials" does not include automo- land or a structure as distinguished from an biles or other vehicles or machinery and accessory use, e.g., a house is a principal their components, structural steel materials use in a residential area while a garage or and equipment, hazardous chemicals or pool is an accessory use. materials such as used motor oil and dis- carded automobile batteries, or biodegrad- PROJECT.IONS (INTO YARDS): Parts of able materials such as yard waste. buildings, such as architectural features, which protrude into the required yard or RECYCLING PROCESSING FACILITY: A yards. totally enclosed building used for the collec- tion, storage and processing of recyclehie PROVISIONAL USE: A principal use el- materials for efficient shipment, or to an Iowed in the zone in which it is listed, sub- end user's specifications, by such means ject to compliance with the specific require- as baling, briquetting, compacting, flatten- ments mentioned with the use and all other ing, grinding, crushing, sorting, shredding dimensional and special requirements (if or cleaning, but not by processes involving any) of the zone as well as the general heat for melting, smelting or burning. A requirements of the Chapter, "recycling processing facility" does not ~ include a "salvage yard" as defined in this PUBLIC RIGHT OF WAY: Property dedicat- Chapter.' ed to public use and intended for the move- ment of the public. 897 Iowa City ZONING ARTICLE N. OFF-STREET PARKING AND LOADING SECTION: within the original building and all enlargements shall thereafter comply 14-6N-1: Off-Street Parking Requirements with the parkin9 requirements set forth 14-6N-2: Off-Street Loading Requirements herein. 4. A use existing prior to the effective date hereof, for which the current 14-6N-1: OFF-STREET PARKING RE- required number of parking or stack- QUIREMENTS~: Off-street park- ing spaces is not provided, may be ing and stacking spaces, aisles and drives converted to another use without full shall be provided and maintained in compli- compliance with the required number ance with the following requirements: of parking or stacking spaces, provid- ed: A. General Rules and Regulations: The following rules shall govern in the a. If subsection I of this Section design, location and number of off- would require a greater number of street parking and stacking spaces, parking or stacking spaces for the aisles and drives. converted use than were required for the established use, the increased 1. Where a fractional space results, number of parking or stacking spaces the number of parking and stacking shall be provided in compliance with spaces required is the closest whole subsection B of this Section. number. A half space will be rounded down. b. In addition to the number of spaces required under subsection A4a 2. Whenever a use existing prior to above, or if subsection A4a does not the effective date of this Section is apply, as many additional spaces as enlarged less than fifty percent (50%) the lot will accommodate shall be in floor area, the addition or enlarge- provided. ment shall comply with the parking requirements set forth herein. 5. In the case of mixed uses, the park- ing and stacking spaces required shall 3. Whenever a building existing prior equal the sum of the requirements for to the effective date of this Section is the various uses computed separately. structurally altered by one or more additions, the sum total of which in- 6. The storage of merchandise, mate- creases the floor area fifty percent rials, equipment, refuse containers, (50%) or more, the uses contained obsolete or junk vehicles or the major 1, See Chapter 9, Article A of this Title for parking facility impact fee. 296 Iowa City 14-6N-1 14-6N-1 repair of vehicles in required off-street manufactured paving materials such parking and stacking spaces is prohib- as brick, but excluding crushed rock ited. (1978 Code §36-58) or chipseal surfaces, for parking areas and drives if the resultant paving pro- 7. Prior to the issuance of a certificate vides a similar, durable, permanent of occupancy as provided in Section hard surface. The City Building Official 14~6U-3 of this Chapter, all parking may permit the use of rock or gravel and stacking spaces, drives and aisles areas for bicycle parking, provided shall be paved with concrete, asphalt edging materials, such as landscape or a similar dustfree surface as pro- timbers, are used so that the bicycle vided in subsection B1 of this Section. parking area is clearly demarcated The Building Official may, however, and the rock material is contained. issue a temporary certificate of occu- (Ord. 95-3706, 12-19-1995) pancy in those instances where the Building Official finds that the paving 2. Design: Except for single-family cannot reasonably be completed due dwellings, including zero lot line and to adverse weather conditions or set- townhouse units, and duplexes, park- tling of land on the site after demoli- ing and stacking spaces, aisles and tion or filling. A temporary certificate drives shall be designed as follows: of occupancy shall be effective only to (1978 Code §36-58) a date specific. Prior to the issuance of a temporary certificate, the property a. Parking areas shall have the owner shall place in an escrow ac- minimum dimensions illustrated in the count, established with the City, an figure at the end of this subsection B amount equal to one hundred ten showing each of the parking configu- percent (110%) of the estimated cost rations permitted. Where the edges of of paving. (1978 Code §36-58; 1994 parking spaces are curved, as on a Code) curved aisle, all angles shall be mea- sured between the straightedges of B. Construction, Design and Location the parking spaces and tangents to Requirements: (Ord. 95-3669, the curved edges at their point of 2-14-1995) intersection. Required bicycle parking spaces shall be at least two feet by 1. Construction: All parking and stack- six feet (2" x 6"). (Ord. 95-3706, ing spaces, drives and aisles, and 12-19-1995) bicycle parking areas shall be con- structed of asphaltic cement concrete, b. Up to one-half ('/2) of the re- Portlan~ cement concrete or manufac- quired number of parking spaces may tured paving materials, such as brick, be eight feet in width by fifteen feet in except for drives and aisles serving length (8' x 15') if "Compact Vehicles single-family dwellings or duplexes Only" signs are posted on the parking which abut and access Woodlawn spaces. Avenue or a nonhard surfaced alley. The City Building Official may permit c. All parking spaces shall be con- materials other than asphaltic cement nected to an aisle which shall have a concrete, Portland cement concrete or minimum width as indicated in the 296 Iowa City 14-6N-1 14-6N-1 figure at the end of this subsection B. shall have a minimum width of twenty two feet (22'). d. The greatest aisle width shown in the figure at the end of this subsec- tion B shall be provided when combin- '.':'-- ing different parking space configura- ~.~,,?,_.._ tions on the same aisle. ~,.!, . e. Parking spaces shall be de- signed to permit ingress and egress of the vehicle without needing to move i, All parking spaces, stacking spac- any other vehicle occupying a parking es, drives and aisles in parking areas space. For single-family dwellings, shall be pitched or curbed and drained including zero lot line and townhouse .to prevent the flow of excess water units, and duplexes, when located from such areas onto streets and pursuant to the requirements of this alleys which do not have adequate Chapter, one space may be behind drainage facilities as determined by another. the City Engineer. f, No parking area shall be de- j. In all parking areas required by signed in such a manner that exiting a this Chapter, parking spaces shall be parking area would require backing visibly delineated on the surface by into a street, painted or marked stripes. (1978 Code §36-58) g. If the number of parking spaces required or provided for a use or a k. If two (2) or more parking areas combination of uses on a lot is greater on a lot are connected by a drive, the than eight (8) spaces, none of those parking areas shall be designed so spaces may be located in such a that an aisle connected to more than manner that would require backing twelve (12) parking spaces is not use~l into an alley. as a drive providing access to another parking area. This requirement may h. Parking spaces along lot lines be waived for property in the CN-1 and alleys shall be provided with car Zone as provided in subsection 13 of stops or curbing so no part of a this Section. (Ord. 95-3677, parked vehicle can extend beyond the 5-23-1995) lot line or into the alley. In addition, traffic islands of pervious or impervi- I. A drive providing access to a ous material shall be located so that parking area with more than eighteen parking spaces are separated from (18) spaces shall be no less than drives and alleys in a manner similar eighteen feet (18') in width if designed to that illustrated below: for two-way traffic or ten feet (10') in 296 '14-6N-1 14-6N-1 width if designed for one-way traffic. storm water runoff. Under no (1978 Code §36-58) circumstances may a nonhard surfaced drive or aisle be Iocat- m. Parking spaces located on the ed closer than three feet (3') to a ground floor or under a building shall lot line or R zone boundary. be located either within the exterior (Ord. 94-3604, 1-4-1994) walls of a building or screened from view from public streets. Features (3) A parking area in a C or l such as masonry walls, earthen berms zone shall not be located closer or evergreen trees and plant materials than five feet (5') to an R zone shall be used for screening. (Oral. boundary, except an existing 94-3606, 1-18-1994; 1994 Code) nonconforming parking area with a permanent, dustfree surface n. Required bicycle parking racks may be located within five feet shall be designed to support the bicy- (5') of an R zone boundary if the cle by its frame and allow the use of parking area is screened from either a cable lock or a U-shaped lock. view within the R zone by a solid Bicycle lockers and secure indoor fence of durable construction storage facilities are also allowed. which complies with the regula- (Ord. 95-3706, 12-19-1995) tions of Section 14-6S-11 and Article P of this Chapter. 3. Location: Parking spaces, aisles and drives shall be located as follows. (4) Except for single-family dwellings, including zero lot line a. General: and townhouse units, and du- plexes, parking spaces shall not (1) Off-street parking and stack- be located closer than five feet ing spaces, aisles and drives (5') to a ground floor doorway or shall be located on the same lot a window of a dwelling unit. as the use served except as provided in subsection C of this b. Front Yard: Section. (1978 Code §36-58) (1) Except as provided below, in (2) In all R zones and all zones R zones and in the C and I abutting an R zone, except for zones within fifty feet (50') of an drives and aisles serving zero lot R zone, no parking shall be line dwellings, drives and aisles permitted in the front yard. shall not be located closer than three feet (3')' to a lot line or an (2) For detached single-family R zone boundary unless the dwellings in the R zones, one of drives and aisles are pitched or the required parking spaces may curbed and drained to prevent be provided in the front yard on the flow of water onto adjoining a regularly constructed aisle, property or unless a drainage- provided not less than fifty per- course has been established cent (50%) of the front yard area along lot lines for the purpose of 296 2'owa C~t.y 14-6N-1 14-.6N-1 shall remain open space free of e. Bicycle parking facilities shall be impervious surface. located in a clearly designated, safe and convenient location. Bicycle park- (3) For zero lot line dwellings, ing is allowed in front and side yards duplexes and family care facili- in all zones, if providing bicycle park- ties, two (2) of the required park- ing in the required yard results in no ing spaces may be provided in more than twenty five percent (25%) the front yard on a regularly of the yard being paved. (Ord. constructed aisle, provided not 95-3706, 12-19-1995) less than fifty percent (50%) of the front yard area shall remain open space free of impervious surface. (4) In the ORP zone, only ten percent (10%) of the required (See following page for Parking Con- number of parking spaces may figuration and Dimensions) be located in the front yard not closer than fifty feet (50') to a street. (5) Where the paved surface of a street is narrower than twenty eight feet (28'), four (4) of the parking spaces required by Chapter 7 of this Title, Land Subdivisions, may be located in the front yard on a regularly constructed aisle. c. Side Yard: Except for single- and two-family dwellings or where two (2) lots share the same parking and stacking spaces, drives and aisles pursuant to subsection C of this Sec- tion, no parking spaces, aisles or drives shall be permitted in that por- tion of the required side yard which is contiguous to the principal building on a lot. d. Rear Yard: Parking and stacking spaces, drives and aisles may be provided in the rear yard. (1978 Code §36-58) 296 Iowa City 14-6N-1 14-6N-1 PARKING CONFIGURATIONS AND DIMENSIONS Standard Vehicles Compact Vehicles 296 Iowa City 14-6B-2 14-6B-2 bedroom and, in some instances, the kitch~ caregiver. Personal care in this case means en. assistance with the essential activities of daily living which the recipient can perform DWELLING, ZERO LOT LINE: A single-. personally only with difficulty, and may family dwelling with one or more walls Io- include bathing, personal hygiene, dressing, cated on a side lot line which is not a street grooming and the supervision of self-admin- or alley right-of-way line, istered medications, but does not include the administration of medications. EASEMENT: A right given by the owner of I~and to another person for specific limited ELDER LIFE CARE HOUSING: A residen- use of that land, e.g., to allow access to tial facility for elders and persons with dis- nother property or for utilities. abilities that offers different levels of care, including a nursing home, in an eider con- ELDER: A person at least fifty five (55) gregate housing setting. years of age. ENLARGEMENT/EXPANSION: An increase ELDER APARTMENT HOUSING: A multi- in the volume of a building, an increase in family dwelling intended for use and occu- the area of land or building occupied Dy a pancy by elders and persons with disabili- use or an increase in the number of occu- ties. pants or dwelling units. ELDER CONGREGATE HOUSING: A resi- EXTRACTION: The extraction of sand, dence for elders and/or persons with dis- gravel or topsoil as an industrial operation, abilities that contains separate apartments excluding the process of grading a lot in or rooming units grouped around shared, preparation for constructing a building. common living space. FACTORY-BUILT HOUSING PARK: A tract ELDER CONGREGATE UNIT: An apart- of land which has been planned and im- ment or rooming unit in an eider congregate proved for the placement of manufactured residence. homes, mobile homes and modular homes on leased spaces. ELDER FAMILY HOME: A private zero lot line or detached single-family residence FAMILY: One person or two (2) or more managed and/or owned by a responsible persons related by blood, marriage, adop- party and offering a social living arrange- tion or placement by a governmental or ment for at least two (2), but for no more social service agency, occupying a dwelling than eight (8) persons living in the resi- unit as a single housekeeping organization. dence, the majority of whom are elders, A family may also be two (2), but not more who are essentially capable of physical than two (2), persons not related by blood, self-care. marriage or adoption. ELDER GROUP HOME: A zero lot line or FAMILY CARE FACILITY/FAMILY HOME: A detached single-family residence that is the community-based residential home, such as residence of a person who is providing a residential care facility, a child foster care room, board and personal care for up to facility, a community supervised apartment five (5) elders who are not related to the living arrangement, or other small group 897 Iowa City WRITTEN INFORMATION ARGUED IN COURT REGARDING VIOLATIONS Your Honor, We have lived at 13 1 North First Avenue for approximately 8 years. The land was basically prairie when we purchased the home in 1990. Through the years, we have witnessed and patiently dealt with many rude and crude comments from persons who thought the land we own was/is public space and therefore open for public use and enjoyment. Indeed it is a lot parcel of land, those two lots comprising #21 and #22 of the Rita Lynn Subdivision, however, no other lot has an easement that extends 447 ft within it property description. Imagine if you will, that when those persons who were supposed to used the sidewalk but decided to take a shortcut through the property were informed that they were illegally on private land and thus, trespassing they would respond by; 1 ) continued walking without acknowledging the admonitions; 2) use abusive and offensive language; 3 ) drop soda bottles and cans, candy and sandwich wrappers 4) metal objects, sticks, bricks, and assorted debris; 5) urinate on the cars and car covers and drop bags of assorted trash in the yard and constitute a general nuisance interfering with our expectations of homeowners of"quiet enjoyment" of the fruits of our labors. None of the behaviors and attitudes would be possible but for that easement which grants "specific use" access to the Rita Lynn Subdivision. ....... Imagine your Honor, sitting on your back porch or back yard and having people totally ignore your request to get off of the property. ....... Imagine you Honor, a hot air balloon landing in your back yard, despite your request to the balloonist that he should not, as it would create a nuisance. The balloonist was told Regina High was slightly to the North and City High was slightly to the South, he landed in the yard anyway. Imagine 60 to 80 people in your yard, overly excited about seeing a hot air balloon come down in the neighborhood ....... , my back yard ...... , Imagine my alarm knowing that as property owner if any one is injured, I will be liable unless it is clear they are unwelcomed guests upon the land ...... , Imagine children running throughout the yard with its uneven slopes ......, Imagine that among this crowd are two men with dogs ....., one animal a pit bull ....., the other a rottweiler ...... , Imagine my concerns and fears as both dogs strain against their leashes attempting to reach each other as well as chase the many children in the yard ...... , Imagine how I felt as I begin to ask people to get off the property prior to my summoning the police .... , only to be told this is not your property, as they claim to know the property to be public access as indicated by their Rita Lynn neighbors. For you see, I Imagine there is a far more sinister motive that John Q Public concern about whether my vehicles are properly parked, I think it is a attitudal problem intensified by access onto our property, without regard to the property owner whose land the sidewalks sits. (See Police Report 6/30/97) Or Imagine ....... , a couple of TCI cable employees who had a work order related to its junction box or the line to the home, but were found in the backyard, ....... , observing ...... , and when asked what they were doing in the back yard ...... , indicated, yes the junction box is on the pole out front! !. No explanation as to why neither stopped at the home to inquire about its location, since they were confused ....!!! (See police incident report fried 12/2/98. CHRONOLOGY OF EVENTS 1) Rec'd a letter dated 8/11/98 from David Campbell, Code Enforcement Inspector, alleging he had "observed" an apparent violation of 14 - 6N - 1B, that is; "Parking on an unapproved parking surface." 2) I called Mr. Campbell and he informed me he had received an anonymous complaint indicating my vehicles were parked upon grass. When I asked him what was needed to bring the parking within compliance, he indicated that asphalt or concrete was the "only approved surfaces and that the surfaces needed to be four inches thick. 3 ) I indicated that I would check into the cost and requested a 30-day extension. Upon checking with both concrete and asphalt contractors, I was quoted a low estimate of $3,500.00. 4) Upon learning that the least expensive method of surfacing would cost $3,500.00, it renewed my interest in building a garage in the area where the vehicles were parked. I had original requested a building permit in 1995, but held off due to uncertainties regarding remaining in Iowa City (Since 1993 I have been employed with the University of Wisconsin, '93- '98 as Dean of Admissions at the Wisconsin Law School; 2/98 until present as Special Legal advisor to the Vice Chancellor). In 1995, most of my vehicles (since they were either finished or working classics, all of which I have had varying from 8 to 23 years) were housed in storage in Madison. Once it was determined we would remain in Iowa City, I began bringing them home to be housed in a garage, as monthly storage charges were exceeding the cost of building a garage. However, once faced with the cost of surfacing the parking area it seemed insane to spend $3,500 on a surface which would have to be destroyed to make way for the garage. 5) Before I had an oppommity to speak with the permit office, I received a personally delivered citation from David Campbell on 9/21/98. (Keep in mind, I have continued to make the weekly commute to Madison, since 1993 and had only small periods of time while home to conduct the resolution aspects of this matter. ISSUES RAISED AS A RESULT OF THE CITATION A) whether the citation itself was appropriate; B ) whether the method of discovery of alleged violation was appropriate; C) whether the City engages in uniformed enforcement policies and procedures or whether its current method "allows discriminatory "selective enforcement" A) depending upon the procedures for filing a complaint with the city's code enforcement office, it appears anonymous complaints are acted upon, however, what is not clear is whether the code enforcement office engages in periodic inspections, surveys or observations as well. B ) Another question I raise is how was the observation evaluated? Did code enforcement rely on the complaint or possible photos of the areas of violation, and where were the observer or photographer standing when the observations were made. If the observations were made from the sidewall~ running on the north side of the home, then the observer or photographer was standing on private a private sidewalk on private property, which is maintained by the property owners. Utilizing the City of Iowa City 14 -6B - 2 Zoning definition; "an easement is defined as ......., a right given by the owner of property to another ....for a' SPECIFIC Limited Use.' For example, to allow access to another property or utilities." If my interpretation of this definition is correct, the use of the sidewalk ~_~ :~ ~'~: for any purpose other than gaining access from Is' Avenue to Rita Lynn Court. I think if it meant other purposes like observation or photography of my back yard it would so indicate. What I am saying is their exist a privacy issue here as my back yard, unlike the other backyards of the Rita Court subdivision, is subject to review and observation by whomever decided to walk on the private sidewalk that in on my property. ..... a great of such evaluation and observation grants superior rights to all that use the easement, beyond its intended purpose. However, I do not believe the purpose of this easement is to grant such broad authority beyond the access factor. ...I believe this because a greater purpose arising directly or indirectly that my rights as property owner subordinates my rights to all who desire to use the sidewalk located on my property, which I maintain for their usage. In fact, easements do not constitute a public right of way, nor is the purpose of "that sidewalk intended for the use of the general public." 14- 6A - 3 states that a broad interpretation of usage is violative of 14-6A-3, as the Chapter was not intended to interfere with, abrogate, or annul any easements......, or other agreements between parties unless the Chapter imposes a greater restriction (1978 Code $$36-37; amended 1994 Code. C) Were the property owners alleged to be in violaaon of 14 - - 6N- B afforded selective or discriminatory enforcement. When I leaned of the anonymous complaint being the catalyst initiating Mr. Campbell's observations, I made a cursory drive around my neighborhood and discovered a total of 39 locations which seem to violaave the very ordinance in question. All of the homes were older and some significantly older than mine. Please review with me the furnished photos of those 39 locations. ..... aH show non-conforming surfaces where vehicles are kept. I also made another drive through the neighborhood last night to make certain those location still reflected non-conforming uses. ..... THEY DO!!! As Mr. Campbell stated to me, mandatory (shall) language of 14- 6N- B requires that surface construction be of....asphaitic cement concrete, portland cement concrete, manufactured paving materials......., BUT AS YOU CAN SEE ....... , AH vehicles are parked on gravel, dirt, grass or a combination thereof, Hence to find me in violation or assess a fine for me regarding a poorly enforced ordinance....., which allows widespread non-conforming parking surfaces would not only be patently unfair, ........ but also, ......... discriminatory. CHRONOLOGY OF EVENTS 1 ) Rec'd a letter dated 8/11/98 from David Campbell, Code Enforcement Inspector, alleging he had "observed" an apparent violation of 14 - 6N - 1B, that is; "Parking on an unapproved parking surface." 2) I called Mr. Campbell and he informed me he had received an anonymous complaint indicating my vehicles were parked upon grass. When I asked him what was needed to bring the parking within compliance, he indicated that asphalt or concrete was the "only approved surfaces and that the surfaces needed to be four inches thick. 3 ) I indicated that I would check into the cost and requested a 30-day extension. Upon checking with both concrete and asphalt contractors, I was quoted a low estimate of $3,500.00. 4 ) Upon learning that the least expensive method of surfacing would cost $3,500.00, it renewed my interest in building a garage in the area where the vehicles were parked. I had original requested a building permit in 1995, but held off due to uncertainties regarding remaining in Iowa City (Since 1993 I have been employed with the University of Wisconsin, '93- '98 as Dean of Admissions at the Wisconsin Law School; 2/98 until present as Special Legal advisor to the Vice Chancellor). In 1995, most of my vehicles (since they were either finished or working classics, all of which I have had varying from 8 to 23 years) were housed in storage in Madison. Once it was determined we would remain in Iowa City, I began bringing them home to be housed in a garage, as monthly storage charges were exceeding the cost of building a garage. However, once faced with the cost of surfacing the parking area it seemed insane to spend $3,500 on a surface which would have to be destroyed to make way for the garage. 5) Before I had an oppommity to speak with the permit office, I received a personally delivered citation from David Campbell on 9/21/98. (Keep in mind, I have continued to make the weekly commute to Madison, since 1993 and had only small periods of time while home to conduct the resolution aspects of this matter. ISSUES RAISED AS A RESULT OF THF. CITATION A) whether the citation itself was appropriate; B) whether the method of discovery of alleged violation was appropriate; C) whether the City engages in uniformed enforcement policies and procedures or whether its current method "allows discriminatory "selective enforcement" A) depending upon the procedures for filing a complaint with the city' s code enforcement office, it appears anonymous complaints are acted upon, however, what is not clear is whether the code enforcement office engages in periodic inspections, surveys or observations as well. B) Another question I raise is how was the observation evaluated? Did code enforcement rely on the complaint or possible photos of the areas of violation, and where were the observer or photographer standing when the observations were made. If the observations were made from the sidewalk running on the north side of the home, then the observer or photographer was standing on private a private sidewalk on private property, which is maintained by the property owners. Utilizing the City of Iowa City 14 -6B - 2 Zoning definition; "an easement is defined as ......., a right given by the owner of property to another ....for a' SPECIFIC Limited Use.' For example, to allow access to another property or utilities. ' If my interpretation of this definition is correct, the use of the sidewalk !.: :;_ :'~ for any purpose other than gaining access from Is' Avenue to Rita Lynn Court. I think ff it meant other purposes like observation or photography of my back yard it would so indicate. What I am saying is their exist a privacy issue here as my back yard, unlike the other backyards of the Rita Court subdivision, is subject to review and observation by whomever decided to walk on the private sidewalk that in on my property. ..... a great of such evaluation and observation grants superior rights to all that use the easement, beyond its intended purpose. However, I do not believe the purpose of this easement is to grant such broad authority beyond the access factor. ...I believe this because a greater purpose arising directly or indirectly that my rights as property owner subordinates my rights to all who desire to use the sidewalk located on my property, which I maintain for their usage. In fact, easements do not constitute a public right of way, nor is the purpose of "that sidewalk intended for the use of the general public." 14 - 6A - 3 states that a broad interpretation of usage is violalive of 14-6A-3, as the Chapter was not intended to interfere with, abrogate, or annul any easements. ....., or other agreements between parties unless the Chapter imposes a greater restriction (1978 Code $$36-37; amended 1994 Code. C) Were the property owners alleged to be in violation of 14- - 6N- B afforded selective or discriminatory enforcement. When I leaned of the anonymous complaint being the catalyst initiating Mr. Campbell's observations, I made a cursory drive around my neighborhood and discovered a total of 39 locations which seem to violaHave the very ordinance in question. All of the homes were older and some significantly older than mine. Please review with me the furnished photos of those 39 locations. ..... all show non-conforming surfaces where vehicles are kept. I also made another drive through the neighborhood last night to make certain those location still reflected non-conforming uses ...... THEY DO!!! As Mr. Campbell stated to me, mandatory (shall) language of 14- 6N- B requires that surface construction be of....asphaltic cement concrete, portland cement concrete, manufactured paving materials. ...... , BUTAS YOU CAN SEE... .... , All vehicles are parked on gravel, dirt, grass or a combination thereof, Hence to find me in violation or assess a fine for me regarding a poorly enforced ordinance......, which allows widespread non-conforming parking surfaces would not only be patently unfair, ........ but also, ......... discriminatory. COPIES OF POLICE REPORTS FILED BY PROPERTY OWNERS CASE REPORT: c'AI,I.~: F'CII~ ~;F:RVI<'[.', DATE I'RINTELI1~;/29/i~000 L 0 00.AcJency: 1 10~A CITY POI,ICE DEPT. 01.Inc ~: 970338',4 02.Nee By: MCCRE 03.Dale Reported: 06/30/1997 04 '['fme Reported: 2051 05 SD~ft: 2 15U(j 2~00 06Activity: 051U0 TRESPASS/iNVADE PRiVA 0'/ Pllo[ll~': 2 DIfjPATi'It~I'['HIN 5 MINI] 08.ClEy IOWA CITY~. ~ 09.Lot 131 I AV N 10B/R 00550) llApt~ .... Name THOMAS,JAMES Tel ~589585 Mow Rf.c T Typl- C 16.Add: 17.City.___ 18,St: 19.Rem: PRINCETON RD/TUDOR DR _ _ 20.Units: 0037 30.Off: 00037 i 32.Disp 2057 Enrt 2057 Arr 2100 Comp 2110 *Transp* Enrt _ _ Art _r_ Comp i 39.O[her Agcy: _ _ 41.Ad: _ 42.Dsp By: ~ 43.Case~: 44.Dispo: X I 45.Line 1 COMPL STATES THAT A HOT ~I R BALLOON HAS JUST L~NDED IN HIS YARD ! 46Line 2 WITHOUT HIS PERSMISSION ;~D NOW CARS AND PEOPLE ARE ALSO C(JM[NG 47.L~ne 3 INTO HIS BACKYARD ALL WITHOUT HIS PERMISSION HE HAS NOT ASKED 48.Line 4 ~YONE TO LEAVE YET HE WOULD I,IKE THE POLICE TO DO THAT INSTEAD 49L~ne 5 CASE REPORT: CALLS FOR SERVICE DATE PRINTED: 12/15/9~ t 50.CID~: i 00.Agency: 1 IOWA CI?Y POLICE DEPT. 01.Inc #: 97033854 02.Rec By: MCCRE ! 03.Date Reported: 06/30/97 04.Time Reported: 2051 0~.Shift: 2 1500 2300 ~ 06.Activity: 05700 TRESPASS/INVADE PRIVA 07.Priority: 2 DISPATCH WITHIN 5 MINU 08.Loc 13] 1AV N 09.Apt# 10.City IOWA CItY t ll.8/R 005503 12.Name THOMAS,JAMES Tel 3589585 How Rec T Type C 16.Add: Iv.city lS.st: 19.Ram: PRINCETON RD/TUDOR DR 20.Units: 0037 30.Off: 00037 32.Disp 2057 Enrt 2057 Art 2100 Comp 2110 *Transp* Enrt Art Comp __ 39.Other Agcy: 41.Ad: 42.Dsp By: 43.Case#: 44.Dispo: X 45.Line-l: COMPL STATES THAT A HOT AIR BALLOON HAS JUST LANDED IN HIS YARD 46.Liae-2; WITHOUT HIS PEPSMISSION AND NOW CABS AND PEOPLE ARE ALSO COMING 47.Line-3: INTO HIS BACKYARD ALL WITHOUT HIS PERMISSION HE HAS NOT ASKED 48.Line-4: ANYONE TO LEAVE YET HE WOULD LIKE THE POLICE TO DO THAT INSTEAD 49.Line-5: 06/30 2052 MCCRE Verified- 131 1AV N IOWA CITY 06/30 2052 MCCRE (1)Pol: 005503 (2)Fir: 1055 ( )EMS: ( }Zone: 06/30 2057 MCCRE <XMIT>- MDT 06/30 2057 MCCRE ** Initial Call Posted ** 06/30 2057 MCCRE <UNITS>: 0037 06/30 2100 GEPST ** Call Updated ** 06/30 2109 GERST WASN'T ON HIS PROPERTY 06/30 2110 GERST DID BEQUEST A COUPLE OF BYSTANDERS BE REMOVED 06/30 2110 GERST *' Call Updated ** ASSIGNED TO: DATE: TIME: REVIEWING SUPERVISOR: DATE: CASE REPORT: CALL,i; FOR ~;EFVICE II.&'l'12 PI~IN'I'EI~: 50 DO.Agency: 1 IOWA CITY POLICE DEPT. Ol.Inc ~: 980~7098 02.Rec 0t.Date Reported: 06/19/1998 04 Time Repor~od: 2030 05.Shl/t: 2 06 Activity: OINFO INFORMATION ONLY O/.Ell~rlty: 4 I)ISPATCII A:; AVAiI,A[~I,E . 0B.Ci[y IO~A CITY__ 09 hoc 1~1 1 AV N ........ IOB/I~ ll.Apt# __~ Name THOMAS,JAMES Tel 16,Add: iV.City _ I8.St: 19.Rem: PRINCETON RD/TUDOR DR 20.Units: 8888 30.Off: 32.Disp 2030 Enzt 2030 Arr 2030 Comp 2030 *Transp* Enrt ___ Art ___ Comp _ 39.Other Agcy: 41.Ad: _ 42.Dsp By: ROOKS 43.Case#: 44.Dispo= 45.Line-l: REQU DOCUMENTATION THAT HE AGAIN NOTIFIED US OF PEOPLE CUTTING 46.Line 2: ACROSS HIS PROPERTY,,,SUBJ WAS ADV'D HE COULD POST SIGNS OR PUT 47.Line 3: UP A FENCE .... SIMPLY REQU DOCUMENTATION FOR NOW 48.Line 4: 49.Line 5: 06/19 2028 ROOKS Verified 13] 1AV N IOWA ('iTY 06/19 2028 ROOKS (1}Pol: 005503 (2)Eir: ]055 ( 06/19 2030 ROOKS ** Initial Ca|l Posttld ASSIGNED TO: DATE= TIME: REVIEWING SUPERVISOR: 'D~'~: .... ~ UNIT 'Da~e,'Flme*Status** li~cfd,,nt A/'t~v~ty 0011 98/12/19 1835 1 2 98072792 00ll 98/]2/I9 1843 2 3 98072792 001] 98/]2/19 1850 3 4 98072792 00]1 9~1'~Z/19 ~B58 't ] 12/02 1731 GERST Velified ill ] AV N 12/02 1731 GERST (1)Pol: 005503 {2)Fir: 1055 ( )EIMS: ( 12/02 1734 GERST ** Initial Call Posted 12/02 1739 DROLL *' Call Updated 12/02 1744 DROLL COMPL HAD TO LEAVE WILL CALL BACK UPON HER RETURN AI'PROX 1/2 12/02 1744 DROLL HR 12/02 1809 DROLL COMPL IS NOW HOME 12/02 1836 DROLL ** Call Updated 12/02 1836 DROLL <UNITS>: 0011 12/02 1836 DROLl, <XMIT> MDT 12/02 1836 DROLL ** Call Updated *. 12/02 1843 DROLL ** Call Updated ** 12/02 1849 DROLL ** Call Updated ** 12/02 1850 DROLL *" Call Updated ** 12/02 1858 DROLL ** Call Updated 12/02 2126 DROLL *. Call Updated 12/04 1639 GERST ** Call Updated 12/07 1033 KATHY ** Call Updated 12/11 0836 THOMA '* Call Updated ** ASSIGNED TO: DATE: TIME; REVIEWING SUPERVISOR: DATE: CASE REPORT. ('AIH,S FOI4 ~;I.2RVI t'EI)ATE FIR [NT}-:I~: I) x/29/2000 . 0line ~: 98072792 02~Rec By: GERST 00.Agency: i IO~A CITY POLICE DEPT.__ 03~DaCe Reported: 12/02/1998 04 Time Reported: 1732 05.Shirt: 2 150{) 06.Activity: 00PUB PUBhi(' ASSIST/DELIVER O'l.pt~orxty: 2 DISPATCtt ~ITItlN L ~INU 10.B/R 08.C~ty IOWA CITY 09.Lot 1tl 1 AV N ll.Apt~ ..... Name THOMAS,SANDRA & JAMES__ Tel 319~%89585 |tow Rec T Type C 16.Add: 17.City ~ 18.St: 19.Rem: PRINCETON RD/TUDOR DR 20.Units: 0011 30.OIl: 00011 32.DXsp 1835 Enrt 1835 Art 1843 Comp 1858 *Transp* Enrt __ Arr ~_ Comp ~ 39.Other Agcy: _ 41.Ad: _ 42.Dsp By: ____ 43.Case~: 000098812133 44.Dispo: K 45.Line 1: EARLIER TODAY COMP LOOKED OUT AT HER BACKYARD AND SAW 2 MALES IN 46.l, ine 2: THE YARD//COMP ASKED THEM IF SHE COULD HELP THEM/THEY SAID THEY 47.Line-]: WERE FROM THE CABLE CO AND THAT THEY WERE THERE TO COLLECT____ 48.Line 4: THE COMP IS ADVISING THE CABLE BOX IS IN THE FRONT YARD AND THEY 49.Line 5: HAD NO BUSINESS IN HER BACKYARD//WANTS TO SPK W AN OFFICER .... IOWA CITY POLICE ~Nc. ~,N,'r,AL ~NCiDE~ INCIDENT REPORT ~/:~ ~ "7 7_-7 '~ 7- 'l JUVENILE INVOLVED CASE NO 1 SUPPLEMENTAL 21~-VF/ %%Ai ~ijOF. ~ REPORT DAY/DATE/TIME OCCURRED DAY/DATER]ME ( R z '-r'fe · D REPORTED BY: LAST, FIRST, MIDDLE NAME ADDRESS. CITY, ST. ZIP PHONE ~ 13 Offim' ---.- :~ (HM) I"" ADDRESS, CITY, ST, ZIP 9L A,vC :~"e,,-~-- {,'4'}l .:~..,4 <Z'7_?-H~ ]PHONE ; / % ) )J · I , {HMI '~ ;. TYPE OF INJURY (check up to five): [; M - minor iniury (bruises, abrasions, minor lacerations, sprains) .~ [ ) L - severe lacerations [ ] S - scalds/oums [ ] I - possible internal injuries N B - broken bones/skull fracture [ ] T - loss of teeth [ ] O - other major injury [ ] U - unconsciousness N - none REFERRALS: .~N-none [ ] L-legal [ ] M-medical %CHILDREN: [ ] U- present/unharmed EVIDENCE COLLECTED: [ ] photos t~none [ ] C- counseling [ ] F- financial assistance [ ] O- other [ ] H- present/harmed ~- none present ~ [ ] fingerprints [ ] other evidence C] NON-HISP N ADDRESS, CITY, ST. ZIP ~ PHONE ~.. (HM) ¢NK) F--- TYPE OF INJURY (check up to five): [ ] M - minor injury (bruises. abrasions. minor lacerations, sprains) ..~ [ ] L - severe lacerations [ ] S - scalds/oum$ [ ] I - possible rotereal injuries [ ] B - broken bones/skull fracture [ ] T - loss of teeth [ ] O - other major injury [ ] U - unconsciousness [ ] N - none REFERRALS: [ ) N- none [ ] L- legal [ ) M- medical I CHILDREN: [ ] U- present/unharmed [ EVIDENCE COLLECTED: [ ] photos [ ] none [ ] C- counseling [ ] F- financial assistance [ ] O- other [ ] H-present/harmed [ ] N- none present [ ] lingerprints [ ] other evidence LOSS LAST, FIRST, MIDDLE NAME OWNER )ADDRESS, CITY, ST, ZIP ~ PHONE (HM) CODE (WK) .J ; Q yes ~ no ;::l yes [:1 no VEH CONDITION. MARKS, CONTENTS TrY NO LoeICodel: 1 -mlmxle 2*lNrned 3-¢ogntedelted 4-dlmaged/deelni./ed 5-micovtrld 6-seized T-stolen l-unknown g-found lO-Iomt LOSS ESTIM ITEM/MAKE/MODEL SERIAL# EST. TTY# NCIC CODE QUANT VALUE CANCELLED -r LOSS I BICYCLE BRAND/MODEL WHEEL SIZE n MALE I COLOR TRIM I COLOR FRAME ,,, CODE C;! FEMALE ~ SERIAL NO ~ VALUE ~AGE SPEED TTY# ~ DESCRIPTION INCIDENT SYNOPSIS (_.. ~ 1 t_ ~.,v: r ~ f' ~ , '~ y, '~ J. .' I RECORDS DIST TO RECORDS CODE EXCEPTIONAL CLEARANCE: [] yes [] no CASE STATUS ~. PORTING PARTY SIGNATURE PIN [] juvenile - no custody [] cleared by arrest DATE [] DOMESTIC [] offender dead [] VIC refused coop [] active [] BIAS Q prosecution declined [] warrant issued ,i]' inactive ,q LEOKA Q extradition denied f;I TOT other agency [] unfounded 3 TOT OTHER WATCH: [] UNDER INV REPORTING OFFICER [] TOT INVESTIGATIONS ] DHS NOTIFIED DATErFIME _3 TOT OFFICER: [] TOT OTHER AGENCY: Q REFERRAL SHEET REQ [] yes "! no Supplemental Report Case//988 l On 11/3/98 I spoke with TCI technical services manager Denni~ Martel. I spoke to him because he is the supervisor of the employees in question and these employees were gone when I arrived at the Thomas household. He told me he is aware of the situation. He also said the employees have worked for TCI for some period of time and are good employees. He explained that said employees were on the Thomas property with a work order, and were in they backyard legitimately doing their work. Nothing further at this time. CASE REPORT: CALLS FOR SERVICE DATE PRINTED: 12/10/98 50,CID~: 00.Agency: 1 IOWA CI~"f POLICE DEPT. Ol. Inc #: 98072792 02.Rec By: GERST 03.Date Reported: 12/02/98 04.Time Reported: 1732 05.Shift: 2 1500-2300 06.Activity: OOPUB PUBLIC ASSIST/DELIVER 07.Priority: 2 DISPATCH WITHIN 5 MINU 08.Loc 131 1AV N O9.Apt# lO.City IOWA CITY ll.B/R 005503 12.Name THOMAS,SANDRA & JAMES Tel 3193589585 How Rec T Type C 16.Add: 17.City 18.St: 19.Rem: PRINCETON RD/TUDOR DR 20.Units: 0011 30.Off: 00011 32.Disp 1835 Enrt 1835 Arr 1843 Comp 1858 *Transp* Enrt Art Comp __ 39.Other Agcy: 41.Ad: 42.Dsp By: 43.Case#: 44.Dispo: K 45.Line-l: EARLIER TODAY COMP LOOKED OUT AT HER BACKYARD AND SAW 2 MALES IN 46.Line-2: THE YARD//COMP ASKED THEM IF SHE COULD HELP THEM/THEY SAID THEY 47.Line-3: WERE FROM TH]E CABLE CO AND THAT THEY WERE THEHE TO COLLECT 48.Line-4: THE COMP IS ADVISING THE CABLE BOX IS IN THE FRONT YARD AND THEY 49.Line-5: HAD NO BUSINESS IN HER BACKYARD//WANTS TO SPK W AN OFFICER 12/02 1731 GEl{ST Verified- 131 1 AV N 12/02 1731GERST (1)Pol: 005503 (2)Fir: 1055 ( )EMS: ( )Zone: 12/02 1734 GEEST ** Initial Call Posted ** 12/02 1739 DROLL ** Call Updated ** 12/02 1744 DROLL COMPL HAD TO LEAVE WILL CALL BACK UPON HER RETURN APPROX 1/2 12/02 1744 DROLL HE 12/02 1809 DROLL COMPL IS NOW HOME 12/02 1836 DROLL ** Call Updated ** 12/02 1836 DROLL <UNITS>: 00ll 12/02 1836 DROLL <EMIT>- MDT 12/02 1836 DROLL '* Call Updated ** 12/02 1843 DROLL ** Call Updated ** 12/02 1849 DROLL ** Call Updated ** 12/02 1850 DROLL ** Call Updated ** 12/02 1858 DROLL '* Call Updated ** 12/02 2126 DROLL ** Call Updated ** 12/04 1639 GEEST ** Call Updated ** 12/07 1033 KATHY ** Call Updated ** t~1~UNIT *Date*Tlme*SIatus** ixxcxdeBt Act ~vLt y AS>;N/BU I/BU 2 0077 99/10/19 2032 I 5 99055267 0077 99/10/19 2119 5 1 99055267 10/01 2021 11020 Verified 131 ] AV N IUWA {'iT',' 10/01 2021 11020 (1)Pol: 005503 (2)Fir' 10'~', ( IEMS: 10/01 202~ I1020 ,XMIT:. 10/01 2023 11020 ** Inlt3.,ll Call Pot;ted 10/01 2032 HEICK ** Call Updated 10/01 2032 HEICK <UNITS>: 0077 10/01 2036 HEICK 87 ADVISES CAN TICKET VEHS ONLY NO TOW 10/01 2119 HEICK ** Call Updated ** ASS I GNED TO: DATE: T I ME REV I EW I NG SUPERV I SOR: DATE: 00.Agency: 1 IOWA CITY POLICE DEI'T , 03 DaLe Repozted: 10/01/1999 0qTlme Reported: 2023 05 ll.Apt~ __ Name THOMAS,MAYA Tel 3589585___ How Rec T Type C 16,Add: 17.City __~ 18.St: ,_ __ . 19.Rem: PRINCETON RD/TUDOR DR 20.Units: 0077 30.Off: 00077 ._ __ ]2.Dxsp 2023 Enrt 2119 Arr 2119 comp 2119 *Transp* Enrt fL Art ____ Comp 39.Other Agcy: 41.Ad: _ 42.Dsp By: .... 43.Case~: ....... 44.Dlspo: _ _ 45.Line 1: VEBS BLOCKING COMPLS PROPERTY, BLOCKING EXIT 46.Line 2: LIC/905BKL, 673GIR, 836BWT, 986BZP, 268GIQ,040BKV,975GSY 47.Line 3: CALL COMPL WHEN U ARRIVE ............ 48.Line 4: 49.Line 5: _ _ ~ UNIT ,Date*Time*St,lLus'* Incident Activit/ 0008 99/11/19 0812 1 2 99062015 0008 99/11/19 0824 2 4 99062015 0008 99/11/19 0905 4 7 9906201~ UU08 99/11/19 1001 V I 990i,201t, 11/01 0809 THOMA <NO GEO> 131 I /~I N IOWA CITY 11/01 0812 THOMA Verified ltl 1AV N IOWA CITY 11/01 0812 THOMA (l)Pol: 00550~ (2)FiI: 1055 ( )EMS ( }Zi,ne: 11/01 081] THOMA <XMIT~ MDT 11/01 0813 THOMA '* Initial Call Posted 11/01 0819 THOMA <UNITS~: 0008 11/01 0816 THOMA ** Call Updated ** 11/01 0824 THOMA ** Call Updated ll/Ol 0856 THOMA <XMIT> MDT 11/0] 0856 THOMA ** Call Updated ** ]1/01 0856 THOMA ** Call Updated 11/01 0905 THOMA ** Call Updated ** 11/01 1001 THOMA ** Call Updated ** 11/01 1001 THOMA ,, Call Updated ASSIGNED TO: DATE: REVIEWING SUPERVISOR: __ DATE: CASE REPORT: CALI.-'; FORSERVICE ])ATE PRINTED: 0~/y/~/~'O00 .. 50 . ('ID~: _ 00 Agency: I IOWA CITY POLICE DEPT Ol. Inc ~: 99062015 02.Rec By: THOMA 0],Da~ Reported: 11/01/1999 04,Time Reported: 0809 05.Shift ] 0700 1%00 06.Activity: 05700 TRESPASS/INVADE PRIVA 07,Pllor~ty: 2 DISPATCH WITHIN % MINU 08.City IOWA CITY 09,I~oc 131 1 AV N ............ i i0 B/R 00550) ll.Apt~ __ Name THOMAS,JAMES Tel ~89585 How Rf.c T Type C - 19.Rem: PRINCETON RD/TUDOR DR 20.Units: 0008 30.Off: 00008 32.Disp 0812 Enrt 0812 Arr 0824 Comp 1001 *Transp* Enrt __ Arr Comp 39,Other Agcy: _ _ 41,Ad: _ 42.Dsp By: ..... 43.Case~: 000099910276 44.Dispo: K 45.Line 1: SPEAK TO RESIDENT REF WATER BALLOONS THROWN AT HIS HOUSE 46.Line 2 47,Line 3 48.Line-4 _. 49,Line 5 INFO CAME THROUGH HARNEY WHO WAS LEFT A NOTE COPIES OF STRORAGE RENTAL AGREEMENTS ECONOMY STORAGs, ._ :.. 209 E, 6bh St .... WEST LIBERTY, IA 52776 ,.~- _ ....~,~ ~,¥,~--~.~- ~.! ~,-.~, .~,-~,- ,.- .-.., ,.,, , ~- ,-, ......... ~AL~ ~A~ DATE 4- ~ ~S q~ NO. 6599 i RECEIVED FROM FOR RENT OF ~ ~ o FROM ~ -~, H~ PAID MONEY B~ ~ , ~ ~r'l~ - OROER ~- ~ fP PENN STREET MINI STORAGE LEASE AGREEMENT _ ~ ~ .7/~c,76'5 T'-htprr~5' (hereinafter called Tenant), WITTNESSETH THAT: 1. Landlord, in c. onsideration of rents, agreements and conditions on part of Tenant to be kept and performed, leases tmto Tenant and Tenant hereby reuts and leases from Landlord, according to the terms ~, and ending on the ff~. day of ~ 199__, upon the Condition that the tenant pays rent therefore, and othe~ise performs all agreements and obligations prox'?ded 3~r in this lease. In the absence o1' mu,.. olh zr '.v~ iiica ag~ cement, this lease shall self-renew on the first day of each month and continue throughou: the month provided Landlord approves. Tenant shall have the abili~ to cancel this lease at any time ~vilh a one xveclCs ~vritten notice. There shall be no re~nd of the cu~ent month's rent for cancellation a~er the first day of each month. 2. Tenant agrees to pay Landlord as rental for said term $ ¢. ~ per month, in advance, the first payment becoming due upon the execution oCthis lease, and the same amount, per month, in advance, on the first day of each: 'uonth thereafter during the term of this lease. Delinquent payments after the fifth of the month shai . aw interest at the rate of 10% per month from the due date until paid. 3. Tenant ~,hnll yield possession to Landlord at the time and date of the close of this lease te~. Tenant shatl maintibia the premises in present condition, except for ardina'~ wear and tear, and shall su~ender the premises in such condition. · l. Totmat shall use prcmiscs solely For the storage of personal propcOy. No storage oftlye animals is allowed. T~nant may not use the premises for residential pp~oses. Tenant may make no unlaw~I use of premises. Tenant shall not allow trash, garbage, or junk to accumulate on the premises. Tenant shall maintain the premises in a safe condition. Tenant shall not store an~ing which may be hamful, dangerous, or a nuisance to the premises or other person. Tenant shall not damage nor allow to be damaged a~y part of the premises. Tenant shall conduct bimselC andthe storage ofprope~ without dislttrbing or infiqnging upon other storage areas or Lessees. ~ Tenant r,av ,:or "~: .... t::is lcit:;c Ot sublet tile premises. -. . """'b" 6. Contim~ccl possession, beyond the expiralory date oflhe term of this lease by Tenant, coupled with the receipt o{' spcci fled rcnlal amounl by Landlord and Landlord's approval (absent a written extension or new Icasc) shall constitulc a month Io monlh extension of this lease, and Tenant shall continue to Fulfill all obligalions ol'fl~is lease. 7. Tenant shall obtain insre'ante {Br any loss or damage to the contents of the premises. Tenant hereby traderstands and agrees that I~andlord is not responsible for any loss or damage to any contents stored in the premises, and Tenant waives and releases any claim .Tenant may have against Landlord or any pa~ affiliated with Landlord tier any damage or loss to d6ntents stored in the premises, and Tenant agrees to hold Landlord and any parly affiliated with LandldI'il harmless from any claim of anyone for loss or damage to any contents stored in the premises. ,. 8. This lease may be terminated by Landlord at any time iCLandlord ceases such storage business, without notice. Ten;rot waives aml releases any claim for damages against Landlord or any pa~ affiliated with 9. Tenant acknowledges that the premises is part of a self-storage facility governed by Chapter[ 578A of the Code of lmva and m~derstands and agrees that the Owner of the self-storage hcility and its successors have a pt~sscssory lien upon all personal property Ideated at the self-service stdrage hcili~ Br all claims made by Landlord against Tenant allowed by law, including, but not l~ited to claims for ~npaid rent, interest, repairs, penalties, costs, fees, or expenses, and that said lien attaches as oCthe ~te the personal properly is brtmght (o"r~fe selr-sorvice slnrag~ ~Cil;~y. land!erd may satisfy ~ts claim which h~s beceme duc by enforcement of its lien against said property, including the sale or other disposition ofthe prope~y. The address of Tenant shown on this lease may be deemed sufficient to satisfy any lawful notice requiremeals. Tenant m~derslands and agrees that Landlord may deny Tenant access to personal prnpe~, slottriton lhc prenl iscs i[' Liindlord h~s any claim whicl~ has become due. 10. liach and cvcry covenant and 'agree~nent contained herein shall be binding upon successors in interest, including all heirs, administrators, and executors of the paRies hereto. IN WI~ESS WIIEREOF the undersigned parties execule this Agreement on lbe first day above wrilten PE~ STEET M~I STORAGE. TENANT, I'~ATF., AI)I)RESS, PI-IONE IOWA SELF-SERVICE STORAGE FACILITY LIEN ACT CI-IAF'FEI~, 578A CREATING A POSSESSORY LIEN ON PEI~.SONAL PROPERTY IN A SELF-SEI~,VICE STOI?AGE FACILIT't' AND ESTABLISItlNG A METHOD FOR ENFOP, CING TI IE LIEN. l:tE IT ENACTED BY THE GENERAL ASSEMBLY OF TIlE STATE OF IOWA: Section 1. New Section.588A. 1 Short Title. This Act shall be known as tile 'Iowa Self-Service Storage Facility Lien'Act". Section 2. New Section 578A.2 Definitions. As used iu this chapter, unless the conlcxt clearly requires ¢~therwisc: "Self-service storage facility" means real property designed and used for the purpose of renting or leasing individual stor~lge space to occupants who arc to have access to the space for the purpose of storing personal property. If an owner issues ;t warehouse receipt, bill of lading, or other document of title for the personal property stored, the owner and the occupant are subject to cltapter 554, article 7 and this chapter does not apply. "Owner" means the owner, operator, lessor, or sublessor of a self-storage facility, die agent or any other person audtorized by the owner to manage the facility or to receive rent from all occupant under a renlil agreenlent. "Occupant" means a person, in privity with the owner, entitled to the use to tile exclusion of o~crs of tile storage sp;jc,: at a sell- sex-vice storage facility pursuant to privity with the owner. "Rental Agreement" means an agreement or lease, written or oral between tile owner and nccupanl. that cslaIDlishcs t~r mtN. lifies tIDe Icrlns, conditions or any odtcr provisions concerning tile use and occultahoy ol' a scll'-service storage fatlilly. "Last Known Address" means fitat address provided by Ih¢ ocCup;Inlt iU the latest rental :lgrccn|clll. m' the aridross pr¢~vidcd by the occupant by certified mail in a subsequent written notice of a change of address. "Possessory Lien" means a Lien on a personal property that is valid only while the property is in the possession of the person asserting the lien or an agent for the person. See.3 NEW SECTION. 578A.3 LIEN. The Owner of a self-service storage facility a~al the heirs, executors, adntinistratnrs, successors and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor or other reasonable charges, in relation to the storage of the personal property, and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this chapter. The lien provided for in this section sitall not have priority over a lien or security interest placed perfected prior to the iime the personal property is placed withi,t or upon the self storage facility, The lien attaches as of the date the personal property is brought to the self-service storage facility. See.4 NEW SECTION 5781.4 ENFORCEMENT OF LIEN. An owner's lien for claim which has become du¢ may be satisfied as follows: 1. The occupant shall be nodfled by delivering in person with acceptance to be signed by the occupant or by mailing by certified mail to the last known address of the occupant, a notice which shall include: a. An itemized statement of the owner's claim showing the amount duc at the time of the notice and the date when the antount became du¢. b. A brief and general description of the personal property subject to the lien. The description shall be reasonably adequate to permit the person notified to identify it, except that any container including a truck, valise, or box that is locked, fastened, sealed or tied in a manner which deters Immediate access to its contents shall be described as such without describing its contents. c. A statement that the occupant is denied access to the i~rsonal proIx:: ty, if a denial is I~rnfill~d ulv-Jcr the rcttlal agreement. The statement sitall provided the :Dame, street address and telclot|one nunlbcr of the owner. nr the owner's designaled agora. whont the occupant may contact to respond to this notice. d. A conspicuous statement that urdess the claim is paid within the time stated in the notice, the personal prolx~rty will be advertised for sale or other disposition, and will be sold or otherwise disposed of at a specified time a~xl place. 2. A nodce mailed by certified mail pursuant to subsection ! is made and completed when the notice is enclosed in a sealed envelope with the proper postage on the cavelope, addressed to the occupant or successor at the last known mailing address, and deposited in a mail receptacle provided by the United States Postal Service. 3. After the expiration of the time given in ~e notice, an advertisement of the sale or odter disposition shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county where ~e self service storage facility is located. The advertisement shall include: a. A brief and general description of the personal property reasonably adequate to permit its identification as provided for itt subsection 1, paragraph b. b. The address of the self-service storage facility, ~e number, if any, of the space where the personal p' erty is Incaled. and the name of the occupant. c. The time, place, and manner of the sale or other disposition. The sale or outer disposition shall like p~ace not sooner than fifteen days after the first publication. If there is not newspaper of general circulation where the self-service storage facility is located, the advertisement shall be posted at least ten days before the date of the sale or odlcr disposition in at least six conspicuous places in the neighborhood where the self-service storage facility is located. 4. A sale or other disposition of the personal property shall conform to the terms of the notification provided for in this section. 5. A sale or other disposition of the personal property shall be held at the self-service storage facility, or at the nearest suitable place to where the personal property is held or stored. 6. Before a sale or other disposition of personal property is made pursuant to this section, the occupant may pay the atnOunt necessary. to satisfy, 0,e !ien, and the reasonable expenses incurred under this section and redeem the personal property. Upon receipt of such payment, the owner shall return the personal property, 7. A purchaser in good faith of the personal property sold to satisfy the lien likes file property free of any rights of persons against whom the lien was valid, despite noncompliance by file owner with ate requirements of Otis section; The purchaser shall ai~ply for a new rifle to a vehicle by the procedures outlined in section 321.47. For all other property which has a writte,t title, the purchaser shall follow the applicable procedures for the property for the transfer of rifle by operation of law. 8. In the event of a sale under this section, the owner may satisfy the lien from the proceeds of the sale, but shall hold the balance in a segregated escrow account for a period of ninety days for delivery on denland to the occupant. If the occupant does not el;tint the balance within ninety days, the moneys shall be paid to the county treasurer in the county where the facility is located. TIle county treasurer shall hold the money for a period for two years. If a claim is not made by the owner for the funds, then the funds shall become the property of the county. There shall be not further recourse by any person against the owner for an acttort pursuant to this section. See.5 NEW SECTION 578A.5 SUPPLEMENTAL NATURE OF ACT. This chapter does not impair or affect the rights of parties to create liens by special contract or agreement, nor does it affect or Impair other liens arising at common law or in equity or by a statute of this state. Sec. 6 NEW SECTION .578A.6 RESIDENCE. An occupant shall not use a self-service storage facility for residential purposes. A self-service storage facility is not a warehouse as defined in chapter 554. LEASE AGREEMENT This Lease Agieement, made this_ e'/',5 day of_" 4"6L. ,19_~c7 , between Solon Storage Rental, 97 Quincy Rd. Solon, Iowa'52~3(319) 644-3523 (hereinafier called I Landlol d, in consideration of rents, agreement~ aud cunditions on part uf Teuant to be kept aud purfurmud leases unto Tenant and Tenant hereby lents and leases flora Landlord, according to the tel ms and p~ ovisions herein, Storage Ul~t #Jt{I./t/.i, of Sololl Storage Rentals, West 5th St. Solon, Iowa (heieinafter ~'eferred to "(Premises"), commencing oil the day uf , 19 , and ending on the day of ,19 , upon the conditiun that the Tenant pays lent thererole, and othel3Mse perfo~ m~ all agi cements and obligations provided fo~ this lease. 2. Tenant aglees to pay Landlord rental fo~ said term_ Jig per month, in advance, tile first payn~ent becoming due upon the execution of this lease, and the same amount, pe~ momh, in advance, oil the a~q~ day of each month therafter during the term of this lease. Delinquent payments shall force the Landlord to terminate tl~s lease. 3. Tenant shall yield possession to Landlord at the time and date of the close of this lease telre. Tenant shall maintain the premises in present condition, except for ordinal7 wear, and shall ~uri ender the pren~ses in such condition. 4. Tenant shall use premises solely for storage of personal property. No ~torage of live animals i~ allowed. Tenant may not use the pren~ses fo~ residential purposes. Tenant may make no unlawful use of pien~ses. Tenant shall not allow trash, garbage, ur junk to accumulate oil the premises. ' Tenant shall maintain tile premises in a safe condition. Tenant shall not store anything which may be harmful, dangerous or a nuisance to the premises or othei persons. Tenant shall not damage no allow to be dalnaged any paa of the premises. Tenant shall conduct himsellS'herself and the blurage of pi opeay without disturbing or infiinging upon storage areas oi lessees. 5. Tenant may not assign tiffs lease or sublet the p~ emises. 6. Tenant shall obtain insurance for any loss or dama~,e to the contents of the m'emises. Tenant hereby understands and agrees that Landlord is not responsible for any loss or daAnage to airy contents stored ill the pren~ses, and Tenant waives and releases any claim Tenant my have against Landlord or any paay affiliated with Landloi d for any damage or loss to contents stored in the premises. 7. This lease may be terminated by Landlord at any time if Landlord ceases such storage business, without uotice. Tenant waives and releases any clain~ for damages against Landlord or any paay '~cilated with Landlord, except for the refund of a poaion of pre-paid rent, wlfich is equal to the prorated amount paid for the unexpi~ ed term of the lease. 8. Tenant acknowled~,es that the vn'emises is ~}art of a self-service storage facility ~roverned by Chanter 578A of the Code of Iowa, and understands and a~rees that the owner of the self-service storage facility, and its successors have a nossessomw lien unon all nersonal m'ouertv located at the self-service storage facility for all claims made by Landlord a~ainst Tenant as allowed by law, including, but not limited to, claims for uric}aid rent, interest, rePairs, nenalties, costs, fees, attorney fees, or expense, and that said lien attaches as of the date the t}ersonal urouertw is brought to the self-service storage facility. Lm~dlord may satisfy its clain~ which has become due by etfforcement of its lien against said property, including the sale or othei disposition of the property. The address of Tenant shown on this lease may by used as tile address for mailing any notice required by law. Tenant understands and agrees that Landlord may deny Tenant access to personal property stored oil the premises if Landlord has any claim which has become due. IN W'ITNESS V~.~"---IEREOF THE undersigned parties execute this Agreement on the first day above written. Solon Storage Rent~s I. I Month deposit required upon possession By' '~ ' ] & ~3'/4~5 2.30-day notice is required when leaving ~-~~E Deposit may be re~nded at that time 3. M1 gates closed in evenings Tenant COST OF CONCRETE CONSTRUCTION ADDITIONAL CONSTRUCTION PLANNED ROCHESTER PLACE COVENANTS I R S T s oo°oo'_oo"c~o.;'~'_. A V E N U E ,,0 t ,',~ o l_ 110.8,4' o !00.00' I "' [ i0' u'rml_rrY POINT OF II21 ~, 22 ,m- ' '''' '~l~s' " "~ ' 113 [ $TOI~MWATER ~tANAGI-'MENT (/) · s oo*oc~c~"~ m.tz'~ ~ ' ' ..I,.-'-~- ~ I -~ - ' ~ -.: z,. '." "- ......"' ~ ....- STORMWATER MANAGEMEN s2.0o'/ ___ ,.o~,,...~.~.~ :,,,~ < _,a, J c-~ 31'z2's2- j '~,,z" ~,~ .... , r~'~ ', $U.N)~ll;)8I: $UIIOIVIOERSATTQRNEV: ~T~BY: ;~~"';:~ =='"" ~";~' ROCHESTER PLACE ~ i ~:~: .~4~ ~: ~3;.~ F I R S T so~'~'E ao~' A V E N U'E ; c. ' " , ~.m, ,~.~, ~.~, ~~ Iowa City, Iowa . ' ' '" ": ~'~ .... ~ ...." * .... " - ~' r~ ~ " .... ::.,, .....; .....;L- ....:: .... ..... .....'<"';"/;-' -~.,-,'::,~ ~. 1060 -~8, FACILITIES MAINTENANCE AGREEMENT AND DECLARATION OF COVENANTS AGREEMENT AND I)ECLARATIDN OF COVENANTS (Declaration). by and between 0ekes Construction Company (Oakes or Developer) and the City of Iowa City (City). I. RECITALS A. Oakes is the owner and developer of a residential subdivision known as Rochester Place. Iowa City. Iowa. as more particularly described in Exhibit "A" attached hereto (heroinafter "Rochester Place"). B. In conJunctt6n with approval of the plat of subdivision of Rochester Place, the City has required. ~nong other things. that Oakes {1) grant an easement For and install a public walkway from Rita Lyn Court to First Avenue, and (2) install a stormwater detention basin and related drainage sewers. inlets, ditches and earthwork (tile "stormwater detention facilities"). C. Responsibility for maintenance of the walkway'and stormwater detention Facilities, and any liability related to thorn. shall be on all of the owners of lots in the subdivision. B. Rochester Place Homeowners' Association has been formed to handle the foregoing responsihtlities on behalf of tim individual Lot Owners. I l. AGI~EEMF. NTS 1.1 DeFinitions. For purposes of this Declaration, "Common Elements" tnclude: a. the walkway extending between Rita Lyn Court and First Avenue, parts of which lie on Lots g, 10 arid 21 of Rochester Place. including the walkway easement and the surface of the walkway. and b. the stornlwater detention basin and drainage facilities related to its use. specifically including tile stormwater management easement area shown on the plat of Rochester Place on parts of Lots 10. 11, 21 and 22, and the drainage? swales and other earthen devices in the 20' drainage eas~,ents shown on the plat of Rochester Place on parts of Lots 1-10 and 12-20. 1.2 Use of Conw~ton Elements. lha Common Elements have been or are being ins{~lle"d'F6F'Ehe benefit of all Lot Owners and no Lot Owner shall have authority to alter or remove any of the Con~non Elements. 1.3 No Partition. lhe Co,~non Elements and the lots upon which they are incaL~'~h~'Till~i~aln undlvhled and shall not,.be divided or split in .any manner without ~he prior written consent of the City. 2. Management of Conenon Elements 2.I The Association. Rochester Place Domeowners' Association. an Iowa non-profit corporation. shall be the governing body for all of the Lot Owners for the maintenance, repair, replacement. administration and operation of the Conre. on Elc~nents, as provided (n this Declaration. and the Articles of Incorporation and By-Laws of the Association. a. Board. lhe Board of Directors of the Association shall be appointed or e'l~.['ed and shall serve in accordance with the provisions of tile By-LaWs. b. Fiscal Year. lhe fiscal year of the Association shall be determined by the Board and may be changed from time to time. c. Benefit. All activities undertaken by the Association shall be for the so'l'6'T~fit of the %:or Owners,' and all funds received by the Association shall be held and applied by it for the use and benefit of Lot Owners in accordance with the provisions of, this Decla~atton and the By -Laws. d. Mmnbers. Each Lot Owner shall be a member of the Association so long as he ,r ~ is a Lot Owner, subject to provisions of tim By-Laws. A Lot 0wner's m~mmbership shall automatically Lerminate when he or she ceases to be a Lot Owner. Upon tile conveyance or transfer of a Lot VnL ~),~Pa~( 848 Owner"s ownershll~ Interest to a new Lot Owner, the new Lot Owner shall simultaneously succeul to the former Lot Owner's membership in the Asso- ciation. 2.2 Voting Rtghts. Each lot shall be entitled to one (1) vote at all times, 2.3 Management of Property. The Board shall have the authority to engage the services of an agent to maintain, repair, replace, and operate the Common Elements, or any part thereof, to the extent deemed advisable by the Board. The cost of such services shall be a Common Expense. 2.4 Non-Liabilit of Directors Board, Officers a~d Developer. Nei- ther the Directors, ~e Board or o~ficers of the AssoCiation nor Oakes shall be personally liable to the Lot Owners for any mistake of Judgment or for any acts or cxnissions of any nature whatsoever ms such Directors. the Board, officers or Oakes, except for any acts or omissions foumd by a court to constitute gross negligence or fraud. The Lot Owners shall indemnify and hold harmless each of the Directors, the Board, officers and Oakes, and their respective heirs, executors, administrators, successors and assigns in accorda. nqe with the provisions of the By-Laws. 2.5 Board's Determination Bindin , In the event of any dispute or dtsa~F~['EeLween any lot owners re~ating to the Con. on Elements or any questions of interpretation or application of the provisions of this Dec- laration or the By-Laws, the dispute or disagreement shall be submitt~ to the Board. Ihe determination of the dispute or disagreement by the Board shall be binding on each and all Lot Owners. subject to the right of Lot Owners to seek other remedies provided by law after such determination by the Board. 3. Con~non Expenses o3n_iLCl_/~p_~onsibilities. The owner of each lot shall pay one twenty- sac the Co. non Expenses determined by the Board of Directors pursuant to the By-Laws. Except for its responsibilities to construct the Co.non Elements. nnd as a Lot Owner as roy ideal heroin. the Developer shall have no responsibility for the ma n~enance, or replacement i repair, of any part of the C~nnon Elements after the date this Agreement is re- Corded. 3.2 Payment. Payment of Con~non Expenses, including any pro-payment thereof required by contract for sale of a Lot, shall be in such amounts and at such times as determined in the manner provided in the By-Laws. No Lot Owner shall be exempt from payment of his or her proportionate share of the Common Expn. n~,es by waive,', non-use, or non-enjoyment o~ the Common Elc~nents or by abandon,,ent of his or bar Lot. If any Lot Owner shall fail or refuse to make any such payment of time Common Expenses when due, the a~nount thereof witt~ interest thereon at the maximum. lawful rate in the Staln ~f iowa accruinq from and after the date that the Common Expenses becc~m due and' payable,' shall constitute a lien on the Lot Owner's lot. 3.3 Enforcement of Lien. The Board may bring an action at law against any Lot Owner personally obligated to pay the same for collection of his or her unpaid proportionate share of Cramran Ex~onrisesm and interest, costs and rLascmahle' att. orney's Fees of any such act shall be added to the amount of such assessment. Each Lot Owner, by acceptance of a deed to ..or recording a cm~tract for purchaso of a Lot, expressly vests in the Board and its agents the right and power to bring all actions against such Lot Owner personally for the collection of such charges as a debt and to nnforce the lien by nil'methods avallahle for the enforcc~nent of such liens. TIre lim~ shnll h.- in favor of the Association and shall be for the common benefit or all Lot Owners. 3.4 Insurance Policies. All insurance policies upon the Common Elements shall be puP{Fi'~T6'd"by the Association. The named insured shall be the AsSociation, individually, and as agent for the Lot Owners, without naming them, and as agent for their mortgagees. Provision shall be made for the issuance of mortgage endorsements and memoranda of insurance to the mortgagees. Such policies shall provide that payment, by the insurer for losses shall be made to the Association or an insurance trustee desig- nated by the Association, and all policies and their endorsements shall be deposited with the Association or such trustee. Lot Owners may obtain coverage at their own expense for their property and other risks. Premiums for insurance policies purchased by the Association shall be paid by the Association as a (',{.moon Expense. lime Association is irrevocably appointed agent for each Lot Owner and for each mortgagee to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon payment of claims. VOL ~)90 far,[ ~4~) ' .3.5 Insurance Coverage. lhe Association shall obtain the following Insurance coverage: a. Public Liability. Public liability insurance in the name of the Association, relating to risks associated with ownership, maintenance and operation of the ConceDe Elements, ~n such amounts and with such cover- age as shall be required by the Board of Directors, wibh cross liability encforsement to cover l iabtl tries of the Lot Owners, Jointly and severally. and the City. necessary Lo fm r Iowa law. c. Directors' and Officers' Insurance. lhe Board shall also have authority to and may obtain such insurance as it deems desirable, in such amounts, from such sources and in such forms as it deems desirable, insuring each mmnher of the Board and officer of the Association. and each member of any con~nittee appointed pursuant to the By-Laws of the Associa- tion, from liability arising free the fact that the person is or was a Director or officer of the Association or a member of such a committee. The preniums for such insurance shall be a Conmnon Expense, d. Other. 'S~ch other insurance as the Board or Directors shall determine fra~e to time. 4. Maintenance, Reconstruction, Condemnation 4.1 Terms. Although the use of one shall not be deemed to exclude the appl')cab~ltt3/of another unless specifically so stated or required by the context, certain terms not susceptible to precise delineation are employed in this Article as follows: act or la't~l~i'lnTtr~g, g', renovating, reconstructing, replacing, rebuilding and similar work necessary to preserve Common Elements in their original condition as ccrnpleted. b. "Improvement". "lmprovenent," as distinguished from alteration, relates generally Lo the addition of new and different structures, ele- ments or facil Ittes than those referred to in this Declaration. 4.Z H~lntenance of Common Elements. ~. ~]c~inL ResBonslbil i.t,. Ihe maintenance nnd operation or the Common Elc~nenLs'(i]T6~'ITlc,ill)"lr'T~lijdtng rcNnoval of snuw and ice Frml the walkway) shall be the responsibility and expense of the Association. except that it shall be the primary responsibility of each Lot Owner to perform routine maintenance by keeping the portion of the drainage easement and the storm- water managanent ea~nnent which is located on his or her Lot maintained in a neat and att. ractlve manner, free from weeds and debris. and to mow and maintain such easc~nent. ~reas so as to minimize erosion in and around the stormwater detention b,~sin. lhe Common Elements constitute structural im- provements and shall he maintained in their original condition, subject to reasonable wear and Lear thereon. tml~rovr~n~t'F't'~'{l'OlTel in the C~mmon Elements, r e no alteration .or further Improve'Lot of Common Elements without prior approval in writ- ing both of tt~e record o~vners of .the Lots and of the City; provided, however, that any alteration or hnprovc~nenL of the Col.me Elements which ..Is approved in writing both by thL City and by the owners of not less than we-thirds or t. he I.,ts, and which does not interfere with the rights of any Lot Owners withuuL t, he ir consent, may be dent if the Lot owners who do not approve are rLl ieved from time initial cost thereof. lhe share of any cost not so assessor shall be ,~ssessed to the other Lot Owners in the same ratio as Lhetr shares in the Common Elements bear Lo each other. 4,3 Associatlon's I~iyhts. a. Necessary Maintenance. lhe Board shall have the authority to maintain any ConceDe Element and, if a Lot Owner has failed or refused to perform routine maintenance within a reasonable time after written notice of the necessity for the maintenbnce has been delivered by the Board. the Board shall levy a special assessment against the Lot of such Lot Owner for time cost of the necessary rout. ine maintenance. b. Damage. If, due to the act or neglect of a Lot Owner, or his or her agent, ~ervant, tenant, family member, invitee, llcensee, or household pet, damage is caused to any Common Element, or maintenance. repair or replacements are required which wodld otherwise be a Con. on Expense. such Lot Owner shall pay for such dalnage or such maintenance, repair, and replacements, as ,my be determined by the Association; however, the provi- VoL 990 850 signs of this paragraph are subject to the waiver of subrogation rights with respect to casualty dmnage insured against under the policies of insurance maintained by the Board. c. Access. The authorized representatives of the Association or Board shaTl"b'~entitled to reasonable access to the Common Elements as may be required in connection with the preservation of any Common Elements tn the event of an energency, or tn connection with maintenance of, repairs or replacements wttt~tn Ute Common Elements, or to make any alteration required by any governmental authority. 4.4 OeterminaLlon to Reconstruct or Repair. If any part of a Cornnon Element shall be damaged by casualty, the Board may, without further authorization, contract to repair or rebuild the darnaged portion of a Ccxrmnon Element substantially in accordance with the original plans and specifications thereof. 4.5 Reconstruction or Repair. a. Plans and Specifications. Any reconstruction or repair must be substantially in accordance with the plans and specifications for the original Common Elements, or, tf not, according to plans and specifica- tions approved by the City Engineer and the Board of Otrectors, which approvals shall not be unreasonably withheld. b. Estimates of Costs. Immediately after a determination is made to rebuild or repair damage to property for which the Association has the responsibility ~f reconstruction and repair, the Association shall obtain reliable and detailed estimates of the cost to rebuild or repair. c. Assessments. If the proceeds of insurance are not sufficient to defray t~El~BTExl costs of reconstruction and repair by the Associa- tion, or if at any tilne during reconstruction and repair or upon comple- tion of reconstruction and repair are insufficient, assessments shall be made against the Lot Owners. 5. MORTGAGEES B. 1 Lien Subordination. lime lien for Co~non Expenses payable by a Lot Owner shall be subordi- nate to the lien of a recorded mortgage on the interest of such Lot Owner. This paragraph shall not be amended, changed. modified, or rescinded without the prior written consent of the City, and of all mortgagees of Lots. 6. REMEDIES 6.1 Rights of Association. In tile event of any violation of Ule i>rovisions of this Declaration, ~he By-Laws, or rules and regulations of the Association by any Lot Owner (either by his or her own conduct or by the conduct of any other Occupant of the Lot,) I. he Association, or its successors or assigns, or the Board, i)'i' its agent, shall have each and all of the rh,/hts and rc~.edtes which may be provided for in this Declaration, the By-Laws, or the rules and regula- tions or which may be available at law or in equity, and may prosecute an action or other prc~ce,'dinU against such defaulting Lot Owner or others for enforcement of any lien and the appointment of a receiver for the Lot and in unction, or specific ownership interest of such Lot Owner; for damaUes, collection thereof; for performance; for Judgment for payment of money and any combination of remedies; or for any other relief. 6.2 Lien. All expense-~ of the Board in'connection with any such action or pro- ceeding, including court costs and attorney's fees and other fees and expenses and all damages, liquidated or otherwise, together with interest thereon until paid at a rate to be determined by the Board, shall be charged to and assessed against suci~ defaulting Lot Owner and shall be added to and donned part of his or her respective share of the Conmen Expenses. lhe Board shall have a lien for all such expenses, as well as for non-payment by such defaulting Owner, upon all his or her additions and tmprov~nents thereto, and upon all his or her personal property on his or her Lot, v0, 890 851 6.3 Action by Board; Suspension of Voting Rights and Use of Con~non Ele- ments. The violation of any restriction, condition, rule or regulation adopted by the Board or the breach of any covenant or provision of this Declaration shall give the Board the right, In addition to any other rights provided In this Agreement: (a) to enter upon the Lot or any portion of the Lot upon which.or as to which such violation or breach exists and suninertly to abate and remove, at the expense of the defaulting Lot Owner, any structure, thing, or condition that may exist thereon contrary to the intent and meaning of the provisions hereof, and the Board, its employees or agents, shall not be deemed guilty in any manner of trespass; (b} to enJotn, abate, or remedy by appropriate legal proceed- 'p i o co~ in equity, the continuance of any breach; (c) to Lot Owner's interest in the property and to main- tain an action rot possession of such Lot in the manner provided by law. 6.4 Notice; Action at 't'aw or in Equity. If any Lot Owner (etther by his or her own conduct or by the conduct of any Occupant of his or her Lot) shall violate any provision of this Agreement, or the rules and r ulaLlons .of tile Association, 'and tF such default or violation shall contt~nue for ten (10) days after written notice to tile Lot Owner rr~n the Board or shall occur repeatedly during any ten-day period after such written notice or request to cure such violation ira, the Board, the Board or an aggrieved Lot Owner may file in equity For a decree of mandatory injunction against the'defaulting Lot Owner or Occu- pant. 6.5 Penal Ly fur_Nun-Pa]ment of Assessments. If an assessment made by the Board Is not paid by the due date set by the Board and continues unpaid for ten (10) days after said due date, a penalty equal t.o the assessment shall automatically accrue and interest shall accrue on the penalty from the eleventh day after the due date (interest on the assessment shall coincidence Lo accrue rrem the due date). Said penalty slla11 apply for each separate monthly assessment and all other assessments tr not paid in a Liraely manner as set Forth fierein. 6.6 RigilLs of City. In the eveilL Lhe Association Falls or refuses to exercise any of its rights or duties under this Article 6, the City shall h~ve each and all or tile rigilLs and remedies which may be provided for in this Declaration; or whtch may be available at law or in equity. All expenses of the City in connection with any such action or proceedings, including court costs and attorneys' fees, and other Foes and expenses, and.all damages, liqutdat~ or otherwise, Logether with interest thereon as provtded by law, shall. be charg~ to and assoss~ against Lot Owners o~ port or their respect(re share of the Ca,men Ex;mnses. 1he City shall have a 11on for all of such expenses, as well as rot non-~nenL by such Lot Owners, upon the Lot of iach Lot ~ner. 7. 7.1 Definitions. lhe terms used (n tills Agreement shall have the follow- Ing meanings, unless the text clearly requires ~nother meaning: a. "Articles" or "Articles of Incorporation" mean the Articles of Incorporation of the Association as may be amended fr~ ~t~ne to time. b. "Association" means Rochester Place llamaowners' Associatton~ an Iowa non-profit carporation. c. "lloard" means the ~ard of Uirectors of Lhe Association. d. "By-Laws" means the By-Laws of ~he Association, atLach~ as an Exhtbtt~ and as may be as amended from time to time. e. "C~non Expenses" means and includes: (t) All sums lawfully assessed aga~ns~ the Comon Elements by the Board. {2) All expenses of administration and Inanagment~ maintenance, operation, repair or replac~ent of and additions to the C~on El~ents. (3) Expenses agreed upon as Common Expenses by the Lot ~ners. VoL (4) Expenses declared to be Comon Expenses by this Declaration or the By-Laws. f. "Majority of tile Lot Owners" means those persons having the right to vote witIt respect to more than eleven (It) of the lots in. Rochester Place Subdivision. Any specific percentage of Lot Owners means that percentage of Lot Owners who in the aggregate own such specified percent- age of the lots in the subdivision. g. "Occupant" means a person or persons in possession of a Lot, regardless or whether [tie person is a Lot Owner, h. "Person" means a natural individual, corporation, partnership, trustee, or other legal entity capable of holding title to real property, t. "Plat" means tile Final Plat of Rochester Place, Iowa City, Iowa, as recorded In the office of tile Johnson County Recorder in Plat Book PageJ.'~ot" shall rap. an each of the lots, numbered 1 through 22, as shown on tile Plat. k. "Lot Owner" means the person or persons who individually or col- lectively own or are purchasing by recorded contract the aggregate fee t t simple title to a Lot 1}ut shall not include tl~ose having an n ernst in a Lot merely as sPcurity for the performance of an obligation. Unless specifically provhled oU~erwise heroin, the Developer shall be deemed a Lot Owner so long as it is the legal title holder of any Lot, 8, GENERAL PROVISIONS 8.1 Rights and Obligations. Each grantee of Oakes, by acceptance of tile deed of conveyance or contract c}f p,rchase fr~xn Oakes, accepts tile salne subject to all restric- tions, conditions, covenants, reservations, liens, and charges, arid the Jurisdiction, rights, and powers created or reserved by this I)ecla~'atton and the By-Laws. All rights, benefits, and privileges of every character imposed by this Declaration shall be covenants running with the Land, shall bind any person having at any thee arty interest or estate in the Land, and shall inure to the benefit of such grantee or contract purchaser in like manner as though tile provisions of this Declaration were recited and stipulated at len~Jth in each anti every deed of conveyance or contract of purchase. 8.2 Cross Easements. The apl~urLenanc~:s shall include, so long as the Common Elements exist, easements fr~n each Lot Owner to the Association as follows'. a, ln_g.~P:ssL_!!~resS and Maintenance, Easements are reserved.for tngress dE cUFfs I~g'~lT~l]lTe'Lots for purposes of maintenance, repair, replacement or reconstruction of each as authorized. b. Construction and Use Easement. Oakes or grantee of Oakes, shall have theT~hE"eT easement acress, over and under the Lots for the purpose of improy leg the Cmm~on E I omen ts, inc l ud tng, but not I tml Led to, l and scap- ing. As tu each Lot, this easement .shall expire when building permits are issued rut constructt~}n on such Lot. 8'~ 3 Amendments. a. In General. Subject to subparagraphs b and c below, the provi- sions oF'[Eis"l~.c'laratton may be amended, modified, or rescinded by a resolution seLLing forth such amendment, modification, or rescisston and duly adopted by thP. affirmative vole of not less titan two-thirds (~/3) of the Lot Owners or by an instrument In writing setting forth such amend- ment, modlflcnllon, nr resclssion and signed by not less than two-thirds (2/3) of the; L~t ()w|lPrs and duly acknowledged before a notary public. All MortgagPes and tl,; CIty Engineer of Iowa City shall be notified by certi- fied mall of any such amendment. modification. or rescisston. and an affidavit by the secretary of the Association certifying to such mailing shall bQ made a part of any instrument effecttng such anendment, modifica- tion, or' resetssiam. r)ally a.'~Ee~lExlT'~i~|:|;pt ( irmatire vote of 75 percent of the Lot Owners, and (ill tile prior written approva] of the holders of first Mortgages on Lots, and (tit) the prior written approval of the City or Iowa city. vaL ,990 PA.; " c. S__Lgnatures. If this I}eclaratton or the By-taws require the con- sent or agr~r~.iit'6f all Lot Owners, or of all Mortgagees, or of the City, or all of them, for any action specified in this Declaration, any instru- ment amending, modifying, or rescinding any provision of this Declaration with respect to such action shall be signed by all Lot ~ners, or Mortgagees, or thQ Cl~y, or all of ~h~, as the case may be, as required by this Declaration or the By-Laws. th 6ec U m~lfled~ or resc~nd~ by written instru- ment executed by Oakes and the City~ or their responsive successors or assigns. e. Recor'dln~.. Any amendment, m~iftcatton, or resctss~on of this Oeclaratton pursuant to this paragraph or any other provision of thh Declaration shall be valid and effective only upon the recording thereof, together with an amended Plat if required, in the Johnson County Recorder' s off loP. B. 4 Publtc Improvement. Assessments. Nothing contained In this I}~clarat~on shall 1fin it the right of the City to rake publ ~c hnl}rov~ents and to assess the cost thereof ~ners pursuant to statutory authority. 8,5 Notices. Any written notice given pursuant ~o this Declaration shall be by per- ~onaI ~erv~ce ~n ~he s~e manner for an o~tg~n~l notice or by registered or c~rttfIed mail, return receipt requested, addressed to ~he ~r~on ent~tl~ thereto a~ such person's last kno~ address. Notice by mail ~h~ll b~ de~n~ to be deliver~ ~en deposited In thQ United States miIl properly addressed with postage prepaid, 8.6 Interpretation. lhts Declaration shall be governed by and construed tn accordance with the l~w~ of the S~ate of Iowa. The captions o~ this Declaration are for u~ ~n this lnstr~m~ent, unless the contex~ otherwise, ~he use of the singular shall ~nclude ~he plural and vice versa; and the use or any gender shall be applicable to any other gender, 990 "" iB54 Executed at Iowa CIty. Iowa. as of the ~--day or December, 1987. Attest: t: ef ec''~' .. CITY OF IOWA CITY Attest: ) sS: JOIINSON C(HINTY ) On this 2Z"'day of December, 1987, before me, the undersigned, a Notary Public t~for the State of Iowa, personally appear~ Dean G. ~kes and Eve]yn M. Bakes, to hie personally known, who, being by me duly swrn, did say that they are the President and Secretary, respectively, of the corporation executing the~orogolng lnstrument~ tl~a~ (no seal has been procur~ by) (the seG1 afftxod thereto is :ho seal of) the corporationi that the insirritant was signed (,nd so~lod) on behalf of the by authority of I~s Board of Directors; that Dean G. Oakes and Evelyn H. Oakes acknowledged the execution eF the instrunent to be the voluntary act and deed of the corporation and of the fiduciary, by it, by them and ~s the fiduciary vo~u tartly executed~. , . o~ary Pub} ~~d for ~he ~{~ STATE OF IOWA ', ~= SS: i i JOItNSON COUNTY ) On this ~-~. day of _ Ok~ w~(}~ m 1987, before me, ~he under- signed, a ~y I'ubl i~ an~'~or the Statb of Iowa, personally ap~ared respectively, of said municipal corporation executing the within and foregoing' instrmmnt to ~lch this ts attached, that the seal afflx~ thereto Is the sea] of said municipal corporation; that said lnstr~ent was signed and seal~ on behalf of said municipal corporation by ~uthortty. , K, Karr as such officers acknowlbdg~ t e' e~e ai~ '~strment 0s ", . t . be the voluntary 6ct and deed of said municipal corporation by it add by , ........ , thin voluntarily executed, ' ....... ' ~ .....~.. NOTARIAL SEAL a i~=oiv~a & Approved ....... l-~Or~!tl'~;'t'l;l:' I'I,^CI~ A;;:~(,'IA'I'[r'IN, iOWA CITY, IOWA Arl .ic]~ I . ~ention ]. 'rim i~, ilu:ilml ,,r[I.~,~, ~,r tJll~ C()l'p~ilTiltLl)ll :l.n the of [o~ l~h~ I J J~l, ] fH..i J f,lJ j n I..hr, ~h~HH I:y of ~)oJlrlHon . Th(~ tjon tony hrkv,, ~::u,~ls (>l Jll~r ul'[.icru-~, r, Llzhor w:Lt;Jijn OL' wL~hou~ State c>~ low.~, nn t.h~, I).,ar'[l ,'>f [)jl'~.gllol't~ fil~y d~otcJnate or' a~ tJic~ bu,qino}ln of t}H, f:,~[i,,,[,'~l l~,n m;-~y rnquLte from I;[m¢~ to I;i. mn, Sec~tir, n I , "l'),'Cl.,I ;~t LUll: z:h;IJ]. IIH~;III tlJl,e ;IUi'f}iHlJCrlt W] LIT LII4) of Iow~ City. ~nat'.Jol'l 2, All t,r,l',l:~ ur~r~cl ]~r~rr,[n 1]h~1] h:.lve thn mr~an.fllg gLven Sectinn 3, "A:~:~>,:I,~I I~,s" ~h;~l l m~,;~n 1.1,., [~t')dJi~fil.~.)[ Plfic<~ time. melon ~iK~ D,:ul ~1 ,,f t~i ~ ,.,..t ,~1:~ n]~,ul ,,t I~y tJu~ nl~md~l'~ and ~h~l~ mn,~n thn "Inil [,11 J'h,,ll,J (l[ [)LI'i,,]L,}L'/'I," ~clt. l..~n R, "illit I.~1 l~,,;~;'~l ~>l [)ll~,~:t.ul';~" hi' "In~tj.~]. Board" eliall [;(~(]t Jr>It (11, "['h'Jnl,,'l , .'f)l,I J ] ~lf~;Irk I }txd~¢~ j)f~f'ttltlil] f~llt j t: I. IH] t.() S~,cLj,,n IC/. "l': ~,l-'l I y. :~lhll l. IllChill I h,ll: I~:l I~rol-~[l.y ill t.))O other r:,nl Jl'y ~)ti,'Jt ,~wn:~, uL' I~,r'ul,J, t. tt.l~ t,.~ a .IoL .in P]ace, Jc}w:l rTity, 990 t st 856 # mnmbr, t' f~r Ih,~ A..t!~l,l,l.:t i'~,li .'lfi{I :eh,aI t ~:cnlf'jnun t.l~ b~, a rnnmb~L' ~pal'al~,d f'l',Hn t h,, ,n./~ir, t ~d~j J~ r~F ~.lliv I. ot.. rl:~onl'de~d ,.I,.~,1 ,,~ ,I,,, ~m,',Hl. Ll.'ltlrt~'t~,l I'[ll~J t.jtJr? I..~ ITSIt, ll ~l~j l;$ and (2) ~ (~()j~y {)( ilu~l I ~l.~,.l~,, d¢,,,,l ~f t cl,~t. o1' [ j.l,l~ Iz)l(~L'(-)(;['~ owner ~hn]l. .'ltlt,),t.'~t i,'al ly nu¢~,~,~¢l I:o /~uch mombel'Bhip In ,1] I .l~:t,.ie.)ll I,~ IH. LabOil 131 alll:hOL'~ed by Lhe illomL)e~'a bR d~H?m~d va] idl,t r;.l:,.n m' aul'hol'l~.od ul'~on adupL:Lor~ by vot(} og properly call~,d rI,r,Pt:lnCl at: wh.jr3]l a .ltlol.'um i8 I)['eSellt, in person or by proxy. Section 2. b. UJ,tJ.:~!. a. The, ['Lrr:t. aHnual meetlrlg or t:ho momber~ nhall be held when {~n]lr~d, ~pr~rl I;,~H~ (10) ..l~y~ pr~oz' wrtLt. on notice to Lhe t;~.on. ~;tl.:)l IIH,r~t. ill~J~ t~ha]l hr~ ~].~l:~d ~lt. hJn th~l.'t~ (30) dayu deod [n] ] y ,'~r,Uelt. O,I, ;t(~know'l,'~d,j~d~ deilvel.'ed and held o1~ tlL{~ thLz',J Monday j. I_hr~ month o~ JaflHa~'y o.C Oath yt-tat ~ll, fl:[)[} P.M. It: th,> dny .l'or tthr~ annuaZ mer~tLng s:. AL t. he anasuaL n.~e~.~ntl, moml~er~ ~l~al~ eZect dLrector~, approvE~ and .~dol~t: an alillua] k, LIchJot. con~iL'nl appoJ. nCment o~ commLLl'.l.}P~t rllltl t. ran/tac~ ~3uuh ot.h{3r bua:Lno~ au may otherwJ. zJe k>e ,;{:hr~rhtl,'tl ,>i' ~h.i.c~h nHty I)ropol'ly I.>,.~ []l'uti(Jht. t~0[o['(3 mill3 t: L I1{I, may i~n eai l,~d hi. nny t. Jm,:~ IW ih,, I'l'~+I.d,,llL ~l' hy a mn.J~rLt:y tile- owrti}l'H , a. WJi. L.I:~'~f ~{tL[.~;~'_L WI [t't:r;'H I,c,t. Lc:~ or each mr..el'.Lr~g of the m~jntlTe~l':t flh;t[ [ )H~ Uivr~ll I,y, ~t ,~t. I. Ill~ dLl:(~CL.Loll ,.,I;, t;hQ [~[K~l',tt;al'y ,,l' .~ I-'I'~UII atll huI jz,(~r.t t.u tail. {..I~ mdut. i.r,g, by m,'~tl Lll~J A c:OI,~ ~,~ HiJ(':h l~rtlLl(:r~, I)(]$TLatlo itt'~2jtaLd, t]~ vOr. O r. ll~rl~t I . ;uhll iIA~l~(J t'l.I Itht~ ~l:)lnbt~c ' ~ ach.lco~ la8 ~ ap- pt~;~r]ri~ or~ f. hr, I.Hd(~ o~ Ltu~ A~.lnoL~:laLjon. or ~uppZ~ed wr l.t:irlg hy Ru~'}l rnQml)et' t:u L}I{~ An~.toclat.Lola ~Or the purpoee ru~t,I~','?, :;HI'}i IIf,l I~:ll /litit] I nl,'tr-'~lry t;h,~ I,]ac,~, qlat,1 ~nd hutll" c>f: t'.hP r,H'.,I in, , .,n,I, Ln t. hx~ L:.'w~ oL' a LII;I}(JJ~.[ nl(~l. LIIcJ. thu JHII'J)D~I~-I Ur I )l,', ,rH)i.j nrJ . h. ~f~.J.l~H.I bi~LI.L.. AI it:HId,it. I'.~Hi riO) ~}~y~.t horr>14~ ~ach moe~,Lng (.)f nll,mln~l :J , ,i ,,'~Hn|,] ,it (, ] [ :l I: ,)f. I;|1c~ InlHll|){21'fJ {,ItiLlod to 0~ e~lC}~ ;IIH1 t.h,~ nLHnl.,~.~l OC vOi, o~ onLi Lletl LO be voLed, ~h~ be I~['t,J,a~',~l I,y hhn ,~c~cr'et:nr~. The li~, Ear a pariod (If1) dayn I,I i,~l +o t.},¢~ mor~tjng, shall bo kepL on file at the by any mE,ml-.~l' at any t,].nlc:~ dtll'iltcJ LlStlal bUB~IIQEI~ h0ur~. The l Jnh :~t,:-~1 ] ',1~,~, l,n i~rc~,fu~,,.{ ~tIH] kept ol.~,.~ al' 1;}1(~ t/m(] f>] ae:f, ,.>[ I h,, m..~,t. i :KJ ,:lu/':i fig I:lle wlloJr~ tj. me thereof, and ilh/i I ] ]~f, n,ll~.J,,~.t i ,. I ho t.n:~l>,,.?l ion ~,[ any m(~mber duL':Lrlg t:hl} who](~ l.]nlr, ..)J I.IH, Soct:~on 5. QtJ(JL.M.r~ t~.~ ~u.rnnu.,nt. Tho l,r0}]erlc:o ;it ally meeting. Ln I~,]l'~on <~' I~y i,,',,xy~ ,~ 7%% ,~r I;J4~ee nn)mJ>er/I onLitlo{J to voto In tho Ar]H,-' I nt. I~/i f.~hal [ c~,lir~tltuLe a ~lkl(~ruln for any a~tion, unless I:hi.~ it:phi iH nm~)nded. Any meeting of Lhe A~socl;~t.iort, whether ar]rttla] ol :~l,.,(.'j al, may bo adjot.tl:'ried from time tt) Linio, ]oRg a t-}lono [~r,.H,,rst. }l.]vo rH)t.[{:o o.f arty rlt)w me,~ting. At ally adJournrH.] nH~r~t iz~,j, ;,ny i,u:'4ln,~n may be l. ran:~acted which might have beer] hr;.Iru~a,:l,,d at thv.} o['L,]fnal m(~utj. ng as originally called . ~QCtJ(~ll 7, ~3LL).I.~J..,.. F:,3,Jh ntr~nll.~el :illall have a voto ill the non.La t I on i.ill J Jl~, jl.l:~ j :t ~)[ onr~ vol.4) fTuL' o:l('Jl Lot (.)wflltd hy L;UCh inembe~l.', ;~I ~t~l I ~.1 I h Irl t lie, l)r.~] ,~l n t i on. Ally vot:~ may bo Lak~In by Arl:i,:l.l~ IV. I?.O;.L',I of corpc>z'ati. on nh-~l l I-'~ n~an~gn,I I,y J t::~ hoard o~ I) irocLors. vnyarH'~n ()f I.hr, I.,~nt.h I.{'~1 by I:hn cl,.sdLar/Int I)y CJi~eLI, l:hO affairs tho A~sno,~ .'ll:.i ()n ,h~, I ] k)l} marl/]q,..d I~y n IIonrd of ono dJl'r~dtOl~ convnyarkc~o i}f t.h,. t.~nth ]oL, by Lho m~mibel:'a, ahaZ], u].eeL a board of f.Lve m,~mbw~r:t t'o G1;111~t~.1~ I:ho aliaIra of Lh:i~ A~oalat~on, to take offJco lmnlo,li.,t.~,]y ul~on titoil ,~,[('+ction. Theroafter, the di- ['eotor~.s nhnLL i..~ ,~l,K:t.,.~d by and from i:h,~ mnmL>,~z'HhJp at: ltn allnual m~ettr~g ~llld/lh/I].] ,'4,:t aH MUCh ulll. l L thuJ. t' BtICCI]OLiO['O OL'Q duly Sock&on 3. ~!~JZK:[~E~!~..!on. By r..,~o[ution of the Board of r~CtOrS, a alLrector' may b,~ p~id for his or hot actual expene0s the p~,r[0rm;,,:~ ,:,[ hJ~ or her dut:].{~s, Ilowev~r, no director shall t'e~eive coml}mn~ntitm Eor ati;undjng mn,3ting8 o.E the BoiJl'r] o[ Di~ectors. Ilow~v.r, tlothill~ ~ha]]. pr~cltsdo any dirgetot from nnrving the} A~n<~J.t'.lol~ I.l~ any ut. luH' cnpnc./t;y and receiving oompeneatJ. oll t;h~l Section 4. ~I~.E~.~L.. At m~eLir~g~ o.f Lhe Board of DirecLots, afLQr the ~Rlo oE t:4,r~ .toe.n. t:hr,~o {ILloct. ors sha:L] ~urlnLLt:uLe a (luoz'um. [C ~ qUO$'~llll .Jl~ IIOL IIIUT)Hr)I'IL~ ILl, the RIQE~LJ. IIi] o[ the Build DLrect:og'n, t;hl~ ilLl t,r~t~]r i~l'elflllllt~ I.~y /I{J.JLIIIL"II t. lS(~ mtp{~.i.n~/ [rom L:Lniu to tim~, wl t. houL liest .ittl~ oth(11' Lh,~n ~tlll%otilIcl;lllletllti at the urltLl I hf~ {lUll[ ilfll t 21 I,t'l]tlllllt, Section 5. ~.t:[.t.i:!!, .T.~,.~.[,,.~,~..W_.i..t.!!Q!L.t' 'l~...M_-.e~Lt__i!!g.._ The directors shall have t. he right L,, ~;,1',,., ~ny act i,~n witho,.~t a m,aetJ. ng which they could t:ai:L aL :~ .~,,,:,t.i,HJ by obl:;~inil~g the wr.j. tt;(~l~ approval of all the di['ector~l. Any n,~ti,:~n so ai~pt,:~vec] ~hall }lave the same effect as though t:.~I;,H~ ;,L n mee~ting i~f l'llr~ Direct;or:l. Section 6. H.~.I,li.F,L~J j,~LU:L. Nom.inat ion~l fcH:' election to the [loard of Director~ m,~y IH~ ,H~d,) from t. ho f].oot' of the annu~]l meeting. Seotjorl 7. ~.~,L~J~l/-~,~,. F:JrH.'l.i,,n t:,;~ I. he I.Ioal.'d of Dj. rectorm z~hzl~l occur a~ a [',)U~],'iI ,)r ~lJ',~(~i. al m,?(~IL[llg of the Section 8. ~!t~]:.~.~g.~L2. Meet'ing~ ,:d~ the Board of DIrectors shall be he]<] wh~n <h.~] 1,',~1 hy t.h,~ i~ronld~.nt: or' at: writ;ton ethel:' roerebel n el th,.~ I.,~>ai d al:l.,.,l: n,.~L less t:han Lhl'ee days written riotitle to ~a(:tl d.ll('i',tOI;, whl.(:h nol;.Lce may be waiv~),] by at the nt~,et:lng or hy writtoll Sectiol] 9, F3J!{.~].~]~':.~. The Busi'd of Directors shall keep regular minute~] of Ltf{ I)rocr~,,llngn. The n~llH]tem shall minute book <}l] l.h,'~ A:~r.,o,.:].ation. ~eotion ]0. ~32.~.'2! ~.LU.'! [~!..~ The Board of D:Lrector,~, for the benefit of the n,~mboFR, ~.~h;~ll hnvo Lhe followLng powers and dutieg = a. To ~x~}[ci.~,~ re[" the A~;~ociat].on all powers. duties aed atlt'hor~ty v,.~t.,~d ]n o1: de].eg;~ted to this Association and not re~erv,~d by th,~ mombet':~hip bF other provLsions 'of these BF]aw~. ArLic]r~s oF Incor[~oration. or the Declaration. b , '['~ I.,'~l{l~ ~l I I~lu,;h ] ~:lWfu L act' ion ax:: t:he B{~ard {:)f Dil'oi3t:or~l Lhe Arl:j. clr,:~ o1' lncoL'J3oi'atl. on, and C · 1'~} InJ/'(,'h,i/tr, ;111(] ~1 ],rl t:a t, rl {1~1 ,1 cljm~flrl g,~n,~r,q] l]al,i lit. y influx'alice azid to pt. LrChaSO and maintain off:lc,.rn' ,'~{nl ,I.Ir~+,;ILoL'n' LL~ibIL.LLy lrl~Jux'anc,). d, ']',~ p,.I f',,i ,n ,',ny and a] ] ,hll. jr~:l jml}oFH~d ,:in o{' pow~m:'r-J allow~,l I'n Ih,. I%,Hil {l of Ilir,~Itt(jl's I)y ajml) l..lcal)[l~ law. Am I i~'1,, V. Ofl]Jcom'n .'llid tholi' l)utte~. Section 1. ~!~U~J.?'~'L~.. 'ml.~ o.fflc+>z:~s ,>E the An~3oclat'ton .~hall be a pre~<]ent, and n Hc'f'tl{yt/}l]~ anti tl~+~mul.'ex' ({?ac3)1 of whom :~hall be elected by r.h,'} I),:~am',.{ r,C D.Llectol's). Such other oCficerr~ and assintant <,ffL~'r~m'n ;~:~ tony b,} doemud {iece~msax y may b,+ el,.~cted or appointed by I:h,, S.~t;:Lon 2. ]CJ_':/;3.jq,]. q.[~.~[ l)J.~:~tUl~ ~.[L Q~..EJ.~tL~- The ~,[fJc,~t'~ of the o].ect~d an{HV~I )y I,y I.h.~ l.{,-~z'd at the f.i m'rmt: hieoil. rig of tile Boai'd of Dlr+)c3t:c){.~ h,~ld hi:Lot- .dach a~l~i~{j;~.l meet{rig of tile shaL'ehold,]x's. such elOCJ. i.('+tl ilJl,i] ] J)l~ Jl(~](] 8:1 Ah)citrl thf}i'r}~[LI)L' all (;OIlVOrlj. lJTIt].~ may be. Ea,'h ,~f;I J~',r~l' nlh';]l hoist ,;~rf.ico ullL].l h.ls succe~:;zJol-/Jha].l have bonn du'ly ,~l,HTl.r,,I ~lnd nhn:ll hnv,.~ quailrind death o1' ilril. J] }H:+ :~h;~l ]. I'O~lJglk ell" :3hall havl] been ['olliovod ili LIio maDnet Jlnrolila[.t,,r rot 859 Bertton 3. .R.!,,..nZ.V.y;!J.. Any c~lTlTtc!qr or agent. olr;~ctt..;,:l or appointed by the Board c,f Dif r:ctor;~ may bc~ comove, d by th~ Board o~ rector~ wh~n~v,~r ~ n ~ t n Ju,lgm~nt t. ho be~t interrupts o~ thu A~- eociat~on would h,, noFvod t:h~l"f, lty, but z~udh removal ~hnll hn without: prnJurt I,':c~ I ~l I.ho c:c>nt;l'McL I'.Ight, H , J E ally, O~ t:ho eo removed. R:l.~<:hi<,n o~: al>l:~oIHl.nion~ z3hall not o~ :Lt~el~ contract L"J~jhl,~ , Section 4. Y.~t~:LU~.:..!.U.;~. A vac~,~rn'y Ln nny n~Loo hnoau~H3 o~ r~etgnnt',Lorm, t'rHac~va[, ,Ilnqu..~'l lRl. oat.:lon. r>r ol:herw.itu~ may led by t.he Dr>~l d ,~ Djr'r, Gt. or~ ~o1' ~he unoxpi&ed portion o~ the execut~v~ ¢)E~L~:¢'~i' of the Ar~or:~lnt:/on .~nc]. subjr~c:~ t:o the c:or~t;~)l o~ the Bo,~rr] or Dir~.::l.c~rs, shaJ. 1 in generaZ IJul:}eFvj,~(} and cent;tel al~ OE t:he DtJHlrH~t~z} ;~nLI n[~BLz.'z~ uE the Assc~clat:h~n. ~n he shal] p~'fn~m a] ] dtlt. Jen tnc.id~nl: t.o Lhe oE~J. ce o~ Pre81den~ R. ~n,}p t.h~ nmJnul.l~/~ c>~ LIH'~ r4o,11.c1 o~ Dlrn(:tc~rlt nlo~t. JlicjlB ~11 h. fin~ that; a] ] r.>tL4:~n arn rlmlly U~von I.n acx:o~(J~nc:o ~Lth the prov.lnJ~lmm ~tf t. llr~s;r~ By.lawn or a~l 1'OrtlJt['ed by t, ho ~o<]t.~t,n~ y aaltl ~ac~lm c>tlwol' cltlt, Jttt~ az~ [Fc>m t;ime t:o time may ho ntj~Jgnod t'~t hint I:W th,~ I'l~H, Id~nl, 1~1' IIy I:lm{~ Boar.'d DL!'(~ct orn . Sectior~ 7. I'1~ 'J'..!L']0~.P!'~!L If roqult'c~d hy t. hc~ Bo;~t'd off D.Lr~ot. ors, the Trnnnurer :1h;t11. qivo a hc>ml [.~l.' t;hn rr~Jt.hEul dtnchat'gn c3~ hLs duties ih flu(J/1 st n ;Hul ~t.t.h sllf2h surely or st.ll.'e~if?s as t;he Board o~ Direct:ors tshal l dnt:prntine. llo f.lhfl~l [.rl q,H1Pral pk. rfform all tile dtlhinn ]n¢:jd~,r~l. I:o t:hc~ c~f~lt'tt, t~f 'rl'f, aStll:'nl' alld flLl(:}l flUtiDe ,qt~ ~r'¢)m t' ~inD I:/i t, Lmr~ rally I-'~ I111~ l IlltntJ l:t) h l m l>y I:ho Pr.~J L - dent clr' hy Ilu~ Dtm~Ilml t)f Al'l J.<:ln VI . rtud~jf, t. and It t.6hall I>o the duly oE l,ho B,:>al',l tlurirtg the last quat'tor of uach aal~nclar year, and nh lnnzll'. t. hl. rty (30) days prt<~r to the at~ttmat.~xl i~o~lt ~,[ ~q~f.l:ll LniJ t.hr, nHhtlLv.lzlJl)rl tlktrLng t:hct Coralrig y.ar/ftcJlu,lJt~q .~n .td,'~,lt.lnle~ t'~f~l v0 ftl~,:l. SUch IJut.ltJFJt shall 1.Lmtted comnl(nl el~m,,ntn. The Board ~ha I :l ,:,~u:,,', t lu~ I~udg,:,L c4ll{I I:h{~ a~llj~?n~tm¢~flLn Lo t)~ ,~galnr~t: on(~h lnl. Inl Ih,. follc~wte~%l yL4RF willoh nhnJ]. bc~ de.llvo~'ed ~o ~ach mnmhr~r nr ll,:t:xt. ~l[I;e~lt. (15) days pl:Lor I'.o t,h'e mn~l;LnU· The Inlcl(.Jf~t. ,qfl,l t }le'~ II:l:~(~[~tlll~.lrlt,}3 ~,h~4] ] bOCJt:)llte~ (dT/,'~(3l.J V~ clLa/llll~l't}vn¢l t11. ihn ;,nmlu;l] mnctt. lng hy Ii Vot'~ O~ t:h(~ I~aJral:',klty t)~ the tot:a] AS~u')ctat J.tl~ membershire: Notwithz.~tandtng the forego/.ng, V0L 990 860 hc>wevr~r, t n th,. ,,v,.r,t I h,, m,~nltJr~l'.q|l [ [> dt. ual>prov~s the proposed budget or th~ [h,ald r.,il~ f~m' any t'e.'~.gon t'.o no dotermine ~he budget For l:h¢, ~llcf~.~,",li n,I y~r:~r then .qnd until. ~uch time as 8 budget /~hnl] h;~vr~ I:,,',.:,;~ ~h~t:~l:milu~d at1 I~rovldc~d h~roLn, th~ budget :jrl O[f~ct. r,~l' I hr. t Jl~,f) I'tll'l r'lll. yl~tl.' :lJl:~] ] COIItllJll(t ~C)L' t}1~l Brig' tend ing y~,~ r , Art Lcl,~ VI | . Cc, nt F;u:t'.n, Lnan:~, Chec. lc.g and Section ]. QJJ).L~i~9~h~L... '['l~e Board oE Dfr'ectoL'~ may akitborize any officer ol offJ(~nl'n ngnnt or' agonr, s, to erlter illto any contract or execute and r.l~ I t vow any in~tr'ur. ent t n the name of lilld or1 COliC] Jled I.L) HJ)r,C,{ t j ~ J II~.lt.,lln.':~lrl . Section 2, I,ot)ll:l, No loarln shall be contracted on behalf of tile Association Rod nn ovLdences of lndebtednes.~ nholl be issued in its name unlnns at~th,q'ize~d by n rec~olution of Lho Board of Di.- rector~. Smu.fi~ aul:hor it:y mriy be gen,~r~l or confined to specific ~eta~ces. Sectlon 3. ~b~2Y,~J~/].~. L~).~)[JiLL~ ~:~:~ Art chock~.l, dryilLs or other order~ for I:he I'~aymonl. (~[ mori(}y~ noL(}l.t oF otJle~' I)V~lJ~llCtt/t indebte(lno~n ]Hsl;l(,,.l in the it:into of t:he A~nociation, shall Bigned h~ such o[[.i{~,~l:. or oFfLc,;~r:$, agent or ngent.~l or I:Jil~ moclet.[orl and irl :~uch marloar' am ~dhq].l from t~me to t~me be refrained by i'e2,olul. iinl of I:ho Bonrd of Directors. Section 4. P!H~.~a!~J..~.J. LL A.[] fund::l of the corpol:'at/.on not otherwise employed n}i;tl.[ b,, ,Ir, p,x,:i ted from l;tml,! to time to tho credit of Lho Arl~ocial;jon ilj ~lu.}l llanl(r~, t, rur~t. cin~j);in'Jn:s ,)F other pos~tor~usl ~ t. ll,~ IIo;itd o[ I)Lr~lcl;ur'/:~ may Section .1. .C..9,y.R!I(II_L!:~..t__o (_)l. Le3. g~,w_~j,. Rul,.~n a_ng.. [{equlat.L0n-'~. Each member nhall. br~ .qul',,J.-~ct I:n l:h.', dt,:;lnl:itlon arid ijhal]. abLcJe by the By]RWS afl,I I'uJr,n ,'kll,I I',~,gu].at lonn an t:h,., H:~IIII) {IL'(1 Ill' IllJill fl'om to time I)(~ e.,:tlt|)]J;thl?d J)y l'hl) l~l:)ard (if DJl'ectot'rJ, Eu(3h membe.r shall ol)n,-~rv(~. c,~mpIy with, an,I p~,t f'orm all ru.l. os. ordJ. rlarl(Jntl, ;llllJ J ;iw:l illll(l(~ by ally {.Jl)V(tl.'llllil~llt. l]. (llil. Jl(.IL*.i t'y O[ mtlrl~cJp8'.i .I.~lo ,~ml r,:.l~n.,~.l govl.~lln~l~nL hsvjng jur~8(llc~loll over ' · tile prc>p~rt:y ol :lny lutt t. Sectioil 2. PJ'~j135h~.J:.~J~!~ Tho Boa~',l uha]l I~ot ~ml:~ose a 8usp~d votill(J ()1' ]nf:rLIlge ul)oll ,qny (}tJle[' I:ightD Of e member other occul>ant for vlolt~t]ons r>[ rul. es and un]ess and until the follow] ng }~ron,~dur,~ L:~ fo.Llowed: n. ~!~.{~tU!t. Wrtt. t~n demand t.o cease arid desist from any a],leg,ld v:[olat'iul] ~dutt]. bn ~(,rv.d upon tho all,aged B[)ecl~ylllgl i I) the a~l.~ged vlQlation~ (].l) the required tn .l~aL.~ tho viol~tl. or,, arid (i:Lt) a time period, not ].l)~$n I,}l{~n l~.,n (]0) daVn, during whicJl tile violation be ahaLed w l.t;houl; ['urtht~r n~nct.l.on, If ~uch violation is u cont. inLlin,i ono or a etal. emont that any further violatio~ th(~ nnm~ i'la l. m ,i;~y ['nMu l I: [q LJu~ .i. mp()s.'j.t:Lorl Of IlariCt/Lon aEter notl,~n Jl: l. Jln vj{~l~ttJ.oll J~ clot oollt~.lltllll~J. J) ' ~bZ.~:~}.?.z... W [ I )1 L II I'.w.' J.Vn hi'oil th/1 (.)f /'lu(3Jl (]omnn(] l, [ the ~()r ~lJ)at~3lu~l~l. without [H~nnl I,~, OL' 1~' tJi~:~ ~inle I:ule qu~ntly vlu]atPd~ t.h.:~ Dc>~rd mha]l J3erve Lhe vielator with WL'L~t;on rwc~l:.lcw~ oF ;I IiJ~a~'i. ng I',c) I)e held by the Be~Bi,)n. Th,', notice Bhal]. corlt;linl (i) tile II~tUro O~ t:Jlo n] Jegnd vJol:il, J~n~; (1t) the I:J. nl~) arid j~lBce o~ thg heorlng, which I::Lni~ r3hnl l t.,e not ~em~ t. han 10 days [rom ~he qiving oC tho nntlcp; ~ L i I ) an lrtv.L~tkLJorl Lo a/:torld LhQ hearing c. [l~glj!!SJ.:.. 'rh,.~ }l(..)~lrill~j r:dh~l. 1 be held jn 8XeCLItIVQ o[lllol't. lllJ i t y I i~ I)ll hitill'i], Pl":j Ol' t:O t:h~ OCreCLiVelIQLIZI BBrlctlon hq,rr,und~,r , J)l'Oo[ o[ n(~LLce, arid t',h() lily.Liar, loll to b~ heard ~h~ll I,o i>l~ced in t:l'~ mjnutea Or the nlQeting. Such proo[ ~,~h;ll] bo d(tomQd ~dejquate l~ I1 aol)y togeLhol: wj t.h ~1 $1{;~lt;(~Rlellt C)l' t. he dBte and manlio~ ol deliver LB c.lrltorcK] t.,y ~tH~ OICEtCQL' Of' di.t'ectoc wh(> de.livered ~uch notleo. Thc~ nc>ticc~ reciujron~r~nt: ~hall be destined ~ati.~iod a viol~Lor nl,l~r~,'qr~ at th6 meot:Jng. The minutez~ o~ the meet;jng ~:~hall conta,tn a wrj. tten ~totomont o~ tlK~ result8 the hQnrl~lq and l:h,~ ~;~nut;Lon, :LC any, .i. mpoued. The m,~mber fJtlhjOC~l, t.~) I~l r.~,:'t,,td i nrj ~lld ho31'l ng ~ r~r~t [,~rth Jll~L'ol.n h~ve t)l(1 r i. Uhl Ii, I)ro~erlt i}v:idPrldo (tho rut'mnl rule~ of nvidenco oha]] riot api)lY t,cl the hearing) and to be repre- eont:ed b)' (~()l/l).qr'L ~l: hil3 owrl e~perl~3,~. SOCtiOil 3. ~l~[~J.!fl.~'~[~L~ 'rh{~el(t I~y:lnwn may be ~lnot~dod 'rib a r~gul~r or lllH~cld~J. nle~I Ir~tl ~E I IH~ D{H~r~I ~:>[ [)[l't~t~l:O['U hy a v~t,{.~ o1~ 100% uL InQopo~etlon ~h~ll aontrot; and .in tl~e aaoe o~ any oon~ltat between thn Dec:i. arnt.Lon nnd ths~e Bylaw~ o~ the A~t.L~leu Inao~pornt~on, the, l),.~cls~:'atlon ~ha]l oontrol. AL'ti,;lc IX. Seal This A:~sociatitor~ ~,h.~].l h.:~ve no heal. ~,6/ T:c.llE I~R P:~.E ON IOWA CITY, IOWA ~ 3 ? '.,' :. :.S . , I . ITEM #4f PCD DIRECTOR FRANKLIN TO FURNISH LETTER REQUESTING DEFERRAL TO OCTOBER 3rd. Ju y 13, 2000 Cffl Of The Honorable Sally Stutsman, Chair f ~) ~ll~ C~ Johnson County Board of Supe~isors 913 S. Dubuque Street Iowa City, Iowa 52240 Re: CZ0027. County Rezoning Request for Prope~y Located East of Dane Road and West and South of the Lake Ridge Mobile Home Park Dear Sally and Members of the Board: Johnson County has received an application from J.E.B.B., LC, to rezone an approximate 125.43 acre parcel located east of Dane Road and west and south of the Lake Ridge Mobile Home Park from A1, Rural, and RS, Suburban Residential, to RMH, Manufactured Housing Residential. The prope~y lies within Fringe Area C and within the City's adopted gro~h area. At its July 6, 2000, meeting, the Iowa City Planning and Zoning Commission recommended, by a vote of 6-0, that the City Council fo~ard a letter to the Board of Supe~isors recommending denial of the requested rezoning due to its non-compliance with the Fringe Area Agreement, Iowa City's Comprehensive Plan, and the Johnson County Land Use Plan. The Commission furlher recommended that if the County is inclined to approve the rezoning request, that the Council and Board meet to discuss the relationship of the Fringe Area Agreement to this padicular request as well as the future of the agreement itself. The Commission believes that, in pa~, the intent of the Fringe Area Agreement is to ensure that urban density gro~h occurs within the City, built to urban development standards, and with the benefit of City sewer and water and other City se~ices, and that gro~h in the County occur at densities more appropriate for a rural setting and be directed away from prime agricultural areas and environmentally sensitive areas. The proposed development plan does not appear to comply with the development policies of the Fringe Area Agreement for Area C, and the applicant has not agreed to develop the properly in accordance with City development standards. The development of this parcel without annexation may inhibit the City's ability to sere and annex other propedies within its growth area. The development of the subject properly without annexation will result in a substantial population being se~ed by a private sewage treatment plant when a modern publicly operated treatment facility is available by gravity flow. The proposed rezoning is not consistent with many aspects of Iowa City's Comprehensive Plan or the Johnson County Land Use Plan. The lack of a useable secondary access for residents of the development, the amount of grading that will likely be required to implement the concept plan, and uncedainties regarding storm water management are also of concern. The attached staff repo~ provides more details regarding these issues and the reasons for the Commission's recommendation of denial. Based on the above reasoning, Council agrees with the recommendation of the Planning and Zoning Commission, and therefore respectfully fo~ards a comment to the Board that the requested rezoning of approximately 125.43 acres from A1 and RS to RMH is not consistent with the policies of the Fringe Area Agreement, the Iowa City Comprehensive Plan, or the Johnson County Land Use Plan. Therefore, Council respec~ully requests that the spirit and integrity of the Fringe Area Agreement be maintained, and recommends that the rezoning request be denied. Sincerely, Ernest W. Lehman Mayor Enclosure ind~xb~tr~\( ,"~EL.do~ 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 ! 86 media rele subscribers... www. iowa-cily. orglmedia_releases.asp