HomeMy WebLinkAbout2001-08-21 Ordinance Prepared by: Bob Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
ORDINANCE NO. 01-3979
AN ORDINANCE AMENDING THE ZONING CODE, SECTION 14-6E'8, CENTRAL BUSINESS ZONE~
TO ALLOW DWELLING ON OR BELOW THE GROUND FLOOR OF HISTORIC LANDMARK
BUILDINGS BY SPECIAL EXCEPTION.
WHEREAS, the Comprehensive Plan including the Historic Preservation Ran encourages the use of
flexible zoning techniques to permit the continued use of historic buildings; and
WHEREAS, the CB-10 zone currently allows residential uses above the ground floor but requires
commercial uses on the ground floor; and
WHEREAS, the CB-10 zone contains a limited number of historic buildings, the design of which may not
be not conducive to ground floor commercial uses; and
WHEREAS, the City Council wishes to provide for flexible zoning codes to encourage the continued use
and adaptive reuse of historic buildings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I AMENDMENT. Section 14-6E-8, Central Business Zone (CB-10) be hereby amended by
repealing Subsection (D) Special Exceptions and adding a new Subsection (D) and adding a Subsection G.3
Special Provisions, to read as follows:
D. Special Exceptions
1. Clubs
2. Commercial recreational uses.
3. Dwellings located on or below the ground floor of a building or buildings located on property
designated as an Iowa City Historic Landmark, provided the following standards are met:
a. A rehabilitation plan must be submitted to and approved by the Historic Preservation
Commission. The rehabilitation of the properly must be completed before an occupancy
permit is granted.
b. The proposed use will not significantly alter the overall commercial character of the
Central Business Zone (CB-10).
c. The applicant must demonstrate to the satisfaction of the Board of Adjustment that
conditions on the site limit the ability of the site to accommodate a commercial use on the
ground floor.
d. If an existing building on a landmark property includes at least three out of four of the
following commercial storefront characteristics, dwellings are not permitted on or below
the ground floor of that building:
1 ). The main entrance to the building is at or near grade;
2). The front facade of the building is located within 10 feet of the front property line;
3). The front facade of the building contains ground floor display windows; and
4). The building was historically used for commercial purposes.
4. Off-street parking, subject to the provisions of Section 14-6N-1 of this Chapter.
5. Religious institutions.
6. Schools, specialized private instruction.
7. Transient housing. (1978 Code {}36-21; amd. 1994 Code; Ord 97-3773, 2-3-1997).
8. Utility substation facilities, according to the requirements of Article L of this Chapter (Ord. 99-
3909, 11-9-1999).
G. Special Provisions
3. Because continued use and occupancy of historic structures contribute to maintenance of the
City's historic, aesthetic and cultural heritage, the Board of Adjustment may, to the extent it
finds necessary under the circumstances, grant a special exception to modify dimensional
and/or off-street parking and loading requirements that would limit or prevent use, re-use, or
occupancy of a property designated as an Iowa City Historic Landmark, provided that a
rehabilitation plan for the property is submitted to and approved by the Historic Preservation
Ordinance No. 01-3979
Page 2
Commission and the general special exception standards contained in section 14-6W-2B of
the City Code are met. The rehabilitation of the property must be completed before an
occupancy permit is granted.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Pa and ~ved t~qust 20 01
Ordinance No. 01-3979
Page 3
It was moved by 0' Donne] ] and seconded by Champi on that the Ordinance
as read be adopted, and upon roll cell there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
· X Wilbum
First Consideration 7/3]./0].
Voteforpassa e:AYES: K~nnet% Lehman O'Donnell, ~ilburn,Ch~mp~on. NAYS:
AB5 NT: V~nde~'hoetg. '
E
Second Consideration 8/20/01
Voteforpassage: AYES: O'Donnell, V~n~erhoef, ~lburn, Ch~n~p~on, K~nner,
Lehman. NAYS: Pf~b. ABSENT: NOne.
D~te published 8/29/01
Prepared by:John Yapp, PCD, 410 E. Washington Street, lowa Cit IA 52240;319-356-5247
ORDINANCE NO.
AN AMENDING THE ZONING BY CHANGING THE ZONING
OF APPROXIMATELY 105. PROPERTY FROM SUBURBAN
RESIDENTIAL, )UNTY RS, TO LOW DENSITY RESIDENTIAL, RS-5
(45.08 ACRES), D MEDIUM DENSITY SINGI RESIDENTIAL, RS-8 (60.13
ACRES) FOR NORTH STREET, SOUTH OF LOWER
WEST BRANCH LANE.
WHEREAS, the owners, .indemann, and Ruth Kabela, et al, are the
owners and title holders of mately 95.2 of property located north of Court Street,
south of Lower West Branch Road ~d east of bird Lane/Scott Park Drive; and
WHEREAS, the applicant, South Company, on behalf of the owners, has
requested the voluntary annexation of acre tract into the City of Iowa City, and its
rezoning from Suburban Residential, Coun RS, to Low Density Single-Family Residential, RS-5
(35.08 acres) and Medium Density Single-F Residential, RS-8 (60.13 acres); and
WHEREAS, additionally, at the request le applicant has amended their application to
include the annexation and rezoning of approximate 10 acre tract located south of
Lower West Branch Road and east of I requesting that the same be rezoned
from Suburban Residential, lie-Family Residential, RS-5; and
WHEREAS, in accord with the princip outlined in Chapter 368, the properties on the
east side of Hummingbird Lane are be I to avoid the creation of irregular City
boundaries, and to avoid the of an island of properties almost entirely
surrounded by incorporated and
WHEREAS, the Planning and Commission has rmined that, with appropriate
conditions ensuring the develo property in with the neighborhood design
policies of the Nodheast District and with provisions cture improvements such as
sewer extensions and contributions toward the im !nt of Lower West Branch
Road, the proposed rezoning the Northeast which is part of
the Comprehensive Plan; and
WHEREAS, the Planning anZoning Commission has determined thatappropriate zoning
designation of the a 10 acres of Single-Family Residential the east side
of Hummingbird Lane Single-Family Residential, RS-5, ,; and
wHER s, ,owa Code 414.5 (2004> provides that the City oo, iZi%;
reasonable conditions on granting an applicant's rezoning request,
regulations, in order to satisfy public needs directly caused by the rezoning request; and
WHEREAS, the owners of the 95.2 acre tract and the applicant acknowledge that certain
conditions and restrictions are reasonable to ensure that the eventual development of the property
Ordinance No.
Page 2
is in accordance with the neighborhood design policies of the Northeast District Plan, and to
ensure adequate infrastructure is provided for the area; and
WHEREAS, the owner and applicant of the approximate 95.2 acre tract have agreed to use this
property in accordance with the terms and conditions of a Conditional Zoning Agreement to
ensure that the above-referenced Comprehensive Plan policies are ac~dressed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL ~ THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. Subject ~o the terms and of the Conditional Zoning
Agreement, attached hereto and incorp.~rated herein, the described below is hereby
reclassified as follows:
a. The following property is hereby recl~ sifted from designation of County Suburban
Residential (RS) to Low Densit ' Resider
Commencing at the Northeast Comer Quarter of Section 7, Township 79
North, Range 5 West, of the Fifth Thence S00°05'18"E, along the East
Line of said Southwest Quarter, and the Line of Windsor Ridge Part Fifteen, in
accordance with the Plat thereof as led in Plat Book 41, at Page 212, of the
Records of the Johnson County Recorder's 2334.24 feet, to its intersection with the
Northerly Right-of-Way Line of Court Thence S80°04'52"W, along said Northerly
Right-of-Way Line, 14.62 feet; Thence 203.49 feet, along a 1040.00 foot
radius curve, concave Southeasterly, 203.16 foot chord bears S74°28'33"W;
Thence S68°52'14"W, along said ~ight-of-Way Line, 114.88 feet; Thence
Southwesterly, 372.64 feet, along radius curve, concave northwesterly,
whose 370.30 foot chord bears S79 ;N88°53'21"W, along said Northerly
Right-of-Way Line, 220.06 Thence 1712.92 feet; Thence
N02°18'21"E, 541.36 feet, to the of a "Plat of Survey" as Recorded in
Plat Book 8, at Page 35, ' Recorder's Office; Thence
S87°41'39"E, along the South said "Plat rvey", 496.30 feet, to the Southeast
Corner thereof; Thence N02°1 along the East .ine of said "Plat of Survey", 321.40
feet, to the Nodheast and a Point the North Line of said Southwest
Quarter; Thence S87°41 '39"i said North Line, 7.0 feet, to the Point of Beginning.
Said RS8 rezoning parcel c?htains 60.13 acres, more ess, and is subject to easements
and restrictions of record. /
b. The following property is hereby reclassified from its designation of County Suburban
Residential (RS) to Medium Density Single-Family Residential
Commencing at the Nort/heast Corner of the of Section 7, Township 79
North, Range 5 west, of the Fifth Principal Meridian; ,~, ,,,~ N87°41'39"W, along the
Records of the Johnson County Recorder's Office and the Point of Beginning; Thence
S02°18'21"W, along the West Line of said "Plat of Survey", 321.40 feet, to the Southwest
Corner thereof; thence continuing S02°18'21"W, 541.36 feet; Thence Sl1°25'10"E,
1712.92 feet, to a Point on the North Right-of-Way Line, of Court Street; Thence
N88°53'21"W, along said North Right-of-Way Line, 551.26 feet; Thence Southwesterly,
79.77 feet, along said North Right-of-Way Line on a 1440.00 foot radius curve, concave
Southeasterly, whose 79.76 foot chord bears S89°31'26"W; Thence S87056'13"W, along
said North Right-of-Way Line, 103.03 feet; Thence Southwesterly, 75.34 feet, along said
Ordinance No.
Page 3
North Right-of-Way Line on a 1360.00 foot radius curve, concave Northwesterly, whose
75.33 foot chord bears S89°31'26"W; Thence N88°53'21"W, along said North Right-of-
Way Line, 9.02 feet, to the Southeast Corner of Scott Boulevard East - Part Two, in
accordance with the Plat thereof Recorded in Plat Book 33, at Page 25, of the Records of
the Johnson County Recorder's Office; Thence N00°39'55"W, along the East Line of said
Scott Boulevard East - Part Two, the East Line of Auditor's Parcel 95-004, in accordance
with the Plat thereof Recorded in Plat Book 35, at Page 17 of the Records of the Johnson
County Recorder's Office, the East Line of Scot Boulevard East, part Four, in accordance
with the Recorded Plat thereof; 1094.26 feet, to the Northeast Corner of said Scott
Boulevard East Part Four; Thence S89°06'58"W, along the North Line of said Scott
Boulevard East, Part Four a listance of 3.56 feet, to the Sou a Parcel of
Land as Conveyed by Deed as Recorded in Deed at Page 60 of the
Records of the Johnson Cou Recorder's office; Thenc ,°21'18"E, along the East
Line of said Conveyed Parcel East Line of Lyma ;ubdivision, in accordance with
the Plat thereof Recorded in Book 31, at of the of the Johnson
County Recorder~s Office, Lyman Subdivision,
and the Southeast Corner of a of ' Warranty Deed as recorded in
Deed Book 453, at Page 167 of of t Johnson County Recorder's Office;
Thence N01°00'12"W, along the East Parcel, and the East Line of
a Parcel of Land conveyed by Recorded in Deed Book 446, at Page
261, of the Records of the Johnson Recorder's Office, 280.14 feet, to the
Northeast Corner thereof, and the Corner of a Parcel of Land conveyed by
Warranty Deed as Recorded in Deed 029, at Page 395 of the Records of the
Johnson County Recorder's office; along the East Line of said
Conveyed Parcel, 108.92 feet to the Corner thereof; Thence N00°49'22"W,
325.93 feet, to the Sout conveyed by Warranty Deed as
Recorded in Deed Book 329, at ~ 313, records of the Johnson County
Recorder~s Office; Thence S87°42'1{ ~outh Line of said Conveyed Parcel,
106.01 feet, to the Southeast Corne~ , along the East Line of
said Conveyed Parcel, 218.01 the and a Point on the
North Line of said Southwest (; "E, along said North Line, 436.24
feet, to the Point of Beginning. ;g Parcel acres, more or less,
and is subject to of record.
c. The followin reclassified from its designation of County Suburban
Residential (RS) to Low Single-Family Residential without being subject to the
terms and conditions of the Zoning Agreement hereto and incorporated
herein:
Commencing at the SW ~ ~rner of Section 7-79-5 proceed 1125.12; and easterly
769.7' to point of beginr thence eastedy 303.59'; northerly .84' to C/L of Lower
West Branch Road; along the Center line of Branch Road 302.7';
then southerly 1448.3' point of beginning.
SECTION II. MAP. The Building Inspector is hereby and directed to
change the zoning the City of Iowa City, Iowa, to conform to endment upon the
final passage, ap~c publication of this ordinance as provided by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval
of this ordinance, the Mayor is hereby authorized and directed to sign, and City Clerk to attest,
the Conditional Zoning Agreement between the property owners and applicant of the 95.2 acre
tract requested for voluntary annexation and the City.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the
Ordinance, and after execution of the Conditional Zoning Agreement, the City Clerk is hereby
Ordinance No.
Page 4
authorized and directed to certify a copy of this ordinance and the Conditional Zoning
Agreement and to record the same at the office of the County Recorder of Johnson County,
Iowa, at the owner's expense, all as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provision
of this ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
SECTION VII. EFFECTIVE This ordinance shall be in after its final passage,
approval and publication by law.
Passed and approved this d~ of ,20__
MAYOR
ATTEST:
CITY CLERK
:ity:' ne~
ppdadmin/ord/lindemannkabela.doc
Prepared by: John Yapp. Associate Planner. 410 E. Washingto~ Street. Iowa City. IA 52240; 319-356-5247
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING
THE USE REGULATIONS OF 12.09 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF
HIGHWAY '1 WEST OF WESTPORT PLAZA FROM I-1, GENERAL INDUSTRIAL TO C1-1,
INTENSIVE COMMERCIAL
WHEREAS, the applicant, Charles Ruppert, has requested the City rezone approximately 12.09
acres of land located on the south side of Highway 1, west of Westport Plaza from I-1. General
Industrial to C1-1, Intensive Commercial; and
WHEREAS. the proposed rezoning is compatible with the adjacent Intensive Commercial and
Community Commercial zoning, and with the Highway 1 Commercial Corridor; and
WHEREAS, Iowa Code Section 414.5 (1999) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested zoning change; and
WHEREAS, it is a policy in the Iowa City Comprehensive Plan that spec/al care must be given to
the appearance of entranceway corridors as development occurs; and
WHEREAS, Highway 1 is the primary entrance to Iowa City from the southwest; and
WHEREAS. the property is in close proximity to the Iowa City Municipal Airport, and therefore,
there are certain restrictions on the development of the property; and
WHEREAS. the property owners acknowledge that certain conditions and restrictions are
reasonable to ensure appropriate development that helps to enhance the appearance of the
Highway 1 corridor, helps to minimize traffic congestion and ensures cempatibility with present
Airport regulations; and
WHEREAS, the property owners have agreed to use this property in accordance with certain
terms and conditions as contained in the conditional zoning agreement to ensure appropdate
development of this property.
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The property described below is hereby reclassified from its present
classification of I-1, General Industrial. to C1-1. Intensive Commercial:
Outlot A, Westport Plaza-Part Two Iowa City Iowa according to the plat thereof record d
n Book 38 Page 257 Plat Records of John;on C;~unty Iowa. Said tract of land contaiT~s
12.09 acres. more or less, and is subject to easements and restrictions of record.
Ordinance No.
Page 2
SECTION II. ZONING MAP. The Building Official is hereby authorized and directed to
change the zoning map of the City of Iowa City, Iowa to conform to this amendment upon final
passage, approval, and publication of this ordinance as provided by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and
directed to sign, and the City Clerk to attest. the Conditional Zoning Agreement between the
owners of the property and the City, following passage and approval of this ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the
Ordinance, the City Clerk is hereby authorized and directed to cedity a copy of this Ordinance and
Conditional Zoning Agreement and to record the same at the office of the County Recorder of Johnson
County, Iowa. at city expense, arl as provided by law.
SECTION V. REPEALER. AJI ordinances and parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION VI. SEVERABILITY If any section, provision or pad of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti-
tutional
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this day of ,20
MAYOR
CITY CLERK
Ordinance No.
Page ..
It was moved by and seconded by that the Ordinance
as mad be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 6 / 12/01
Voteforpassa e: AYES: 0'Donne]'l, Vanderhoef, W.i]bu~'n, Champ'ion, Kanner, Lehman.
NA : Pfab. ABSENT: None.
YS
Second Consideration 6/26/01
Voteforpassage: AYES: Champ.ion, Kanner, Lehman, O'Donne]], Pfab, Vanderhoef,
W.i]buv'n. NAYS: None. ABSENT: None.
Date published
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between Charles W. Ruppert and Marie Ruppert, husband and wife;
Richard H. Ruppert. a single person; Robert L. Ruppert and Maxine Ruppert, husband and wife;
Katherine C. Hogan and Eugene Hogan, wife and husband; Cleldon F. Ruppert and Betty C. Ruppert,
husband and wife; Herman G. Ruppert and Betty Lou Ruppert, husband and wife; and Dean C. Cooper
as Executor of the Estate of Rosamond V. Cooper (heroinafter "Owners") and the City of Iowa City, Iowa,
a municipal corporation (hereinafter "City"); and
WHEREAS, Owners have requested the City fezone approximately 12.09 acres located on the south side
of Highway 1 and west of Westport Plaza from I-1, General Industrial, to C1-1, Intensive Commercial; and
WHEREAS, the proposed rezoning is compatible with adjacent commercial zoning to the north and south,
and with the commercial character of the Highway 1 Corridor; and
WHEREAS, Iowa Code 414.5 (1999) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs related to the requested zoning change; and
WHEREAS, the City of Iowa City has a policy to preserve and enhance the entrances to the city; and
WHEREAS, Highway 1 is the primary entrance to Iowa City from the southwest; and
WHEREAS, the approximate 12.09 acre property is in close proximity to the Iowa City Municipal Airport,
and therefore, there are certain restrictions on the development of the property; and
WHEREAS, Owners acknowledge that certain conditions and restrictions are reasonable to ensure
appropriate development, to help ensure development does not detract from the appearance of the
Highway 1 Corridor, and to ensure development is in compliance with laws and regulations governing the
property due to its close proximity to the Iowa City Municipal Airport; and
ChaFles W, Ruppert Conditional Zoning Agreement
Page 2
WHEREAS, Owners and City acknowledge that similar conditions have been placed on other properties
within the Highway 1 Corridor; and
WHEREAS, Owners agree to use this property in accordance with the terms and conditions of the
Conditional Zoning Agreement to ensure appropriate development of this property.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as
follows:
1. Charles W. Ruppert and Marie Ruppert, husband and wife; Richard H. Ruppert, a single person;
Robert L. Ruppert and Maxine Ruppert, husband and wife; Katherine C. Hogan and Eugene
Hogan, wife and husband; Cleldon F. Ruppert and Betty C. Ruppert, husband and wife; Herman
G. Ruppert and Betty Lou Ruppert, husband and wife; and Dean C. Cooper as Executor of the
Estate of Rosamond V. Cooper are the owners and legal title holders of property located on the
south side of Highway 1, west of Westport Plaza, and northwest of the Iowa City Municipal Airport,
more particularly described as follows:
Outlot A, Westpod Plaza-Part Two, Iowa City, Iowa, according to the plat thereof
recorded in Book 38, Page 257, Plat Records of Johnson County, Iowa. Said tract of
land contains 12.09 acres, more or less, and is subject to easements and restrictions
of record.
2. The parties acknowledge that Iowa City has a policy, as stated in the Comprehensive Plan. to
preserve and enhance entrances to Iowa City. Owners agree and acknowledge that this policy is
reasonable, proper and appropriate under the circumstances.
3. Owners acknowledge that the City's policy concerning entrances governs this rezoning request
and, therefore, agree to certain conditions over and above City regulations may be imposed in
order to lessen the impact of the development on the surrounding area.
4. In order to provide for attractive development at the southwest entranceway to Iowa City, to
ensure the coordinated development of the above-described land so as to minimize traffic
conflicts and congestion in the area, and to ensure that development on the properly complies
with laws and regulations governing development of the property due to its close proximity to the
Iowa City Municipal Airport, Owners agree that the development of the subject property will
conform to the following conditions:
Charles W. Ruppert Conditional Zoning Agreement
Page 3
a. Any proposed development on the property shall not have direct vehicular access onto
Highway 1. Access to the property shall be through the existing access drives from
adjacent properties. The access easement through the property to allow vehicular access
between properties to the north and south shall be preserved. This access easement shall
be shown on all site plans for proposed future development and may be located in
conjunction with aisles through parking areas. The City agrees to cooperate with Owners
to relocate this easement, if necessary. The access easement, however, need not be
located as shown on the plat for Outlot A, Westport Plaza Part Two. Specifically, the
easement may be moved west and north as long as it does not encroach upon the 30-foot
setback specified in paragraph 5F. Said easement may be reduced to a width of 30 feet,
however, the access easement must remain open to allow traffic to circulate through the
property, and may not be used for storage or display of vehicles. In the event the subject
real estate is redeveloped in such a manner that lots are platted at the front of said real
estate nearest Highway 1, Owners shall be required to relocate the easement to a point
approximately 210 feet from the Highway 1 right-of-way to allow lots to be subdivided
between Highway 1 and the access easement.
b. No outdoor storage of merchandise or material, except for that associated with auto
vehicle sales, plant nurseries and florists shops, shall occur within 100 feet of the Highway
1 right of way. Storage areas beyond 100 feet of the Highway I right of way shall be
screened from view with a solid wall at least six feet in height, and a landscape bed at
least 15 feet in depth shall be located adjacent to any such wall between the wall and the
Highway I right of way.
c. Loading docks shall not be located on any building wall or other wall facing Highway 1.
Loading docks shall be screened or located so they are obscured from vision from
Highway 1.
d. All parking rows, including those for car or truck sales, shall be terminated with a
landscaped bed nine feet in depth. The landscaped bed shall be planted with parking lot
trees which may count toward the parking lot trees otherwise required by the City.
Ornamental trees may be used if the mature height of large trees are found to potentially
penetrate the minimum obstruction clearance height for the Iowa City Municipal Airpod.
Charles W. Ruppert Conditional Zoning Agreement
Page 4
e. No more than two free-standing signs shall be permitted on the property. If signs are to be
illuminated, they shall only be internally illuminated.
f. There shall be a 30-foot setback from Highway 1 which shall be landscaped with ground
cover. No parking or display of merchandise or paving other than sidewalks shall be
permitted in this 30-foot setback.
g. Any and all development shall comply with all local, state and federal laws and governing
the development of the property due to its close proximity to the Iowa City Municipal
Airport. Nothing in this Conditional Zoning Agreement, however, shall be construed as a
waiver of any "taking claim" by Owners in the event any governmental agency or body
prohibits development on the properly. Owners reserve the right to maintain any claim,
including but not limited to inverse condemnation, taking, temporary taking, Section 1983
claim or other claim, based on the inability to develop the properly due to airport
regulations.
h. In order to minimize the potential for a blank wall to face Highway 1, the building wall or
walls facing Highway 1 shall be constructed of masonry, including brick, stone, dressed
concrete block, and/or stucco or like material when used in combination with a masonry
finish, or of architectural metal exterior wall materials in combination with a masonry finish.
Alternatively, a minimum of 30% of the building wall shall be window openings or windows
spaced at least every 50 feet along the wall, or other changes in the pattern of the wall
surface may be approved, provided the majority of the wall is masonry or Pike material, or
architectural metal in combination with masonry, with approval of a site plan by the
Director of Planning and Community Development.
5. The Owners agree that every development proposed on the subject property must submit a
development concept plan to the Department of Planning and Community Development prior to
development. The Director of Planning and Community Development shall review and approve
the concept plan based on the criteria listed heroin. The director may approve a concept plan
containing minor modifications to the criteria listed above, provided the modifications satisfy the
intent of the criteria. Decisions of the Director may be appealed to the City Council after review
and a report by the Planning and Zoning Commission.
Charles W. Ruppert Conditional Zoning Agreement
Page 5
6. The Owners acknowledge that the conditions contained herein are reasonable conditions to
impose on the land under Iowa Code 414.5 (1999), and that said conditions satisfy public needs
which are directly caused by the requested zoning change.
7. In the event that the subject property is transferred, sold, redeveloped, or subdivided, all
redevelopment will conform with the terms of this conditional zoning agreement.
8. This conditional zoning agreement shall be deemed to be a covenant running with the land and
with the title to the land, and shall remain in full force and effect as a covenant running with the
title to the land unless or until released of record by the City. The parties furlher acknowledge that
this agreement shall inure to the benefit of and bind all successors, representatives and assigns of
the parties.
9. Owners acknowledge that nothing in this conditional zoning agreement shall be construed to
relieve the owner from complying with all applicable local, state and federal regulations.
10. The padies agree that this conditional zoning agreement shall be incorporated by reference into
the ordinance rezoning the subject property; and that upon adoption and publication of the
ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at City
expense.
Dated this day of ,2001.
Chah,es W. Ruppert Conditional Zoning Agreement
Page 6
2..
" ~- By
C Ernest W. Lehman, Mayor
Attest:
Ruppe~
ESTATE OF ROSAMOND V. COOPER
Dean C. Ooo~r
STATE OF IOWA )
) Ss:
COUNTY OF JOHNSON )
On this eJ~7c7'/day of ~,',27r2-~ _ , , b e , a otary Public in and for the
s,a,e o.,owa, pe.so.a,,y appeared .,es w. R.ppe.2, 0o' e %'wn";:be,".epe.so. who exec.,ed,he
foregoing instrument and acknowledged that he executed the same as his volunta~ act and deed.
~ Public in al~/the State o~wa
[Et NN~ MARIE SCHW~TING~
)
COUNTY OF JOHNSON )
On this j~ day of /~ , 2001, before me, a Nota~ Public in and for the
State of Iowa, personally appeared ~arles W. Rupped, to me known to be the person who executed the
foregoing instrument on behalf of Marie Ruppe~, Richard H Ruppe~, Robe~ L. Rupped and Maxine
Rupped; Katherine C. Hogan and Eugene Hogan; Cleldon F. Ruppe~ and Betty C. Ruppe~; and Herman
G. Ruppe~ and Betty Lou Ruppe~, and acknowledged that he executed the same as the volunta~
and deed of said Marie Ruppe~, Richard H. Rupped, Robe~ L. Ruppe~ and Maxine Rupped; Katherine
C. Hogan and Eugene Hogan; Cleldon F. Ruppe~ and Betty C. Ruppe~; and Herman G. Ruppe~ and
Betty Lou Ruppe~.
,~'~z% LEANNEMARIESCHW~TING
Cha. Hes W. Ruppert Conditional Zoning Agreement
Page 7
STATE OF FLORIDA )
) ss:
COUNTY OF CHARLOTTE )
On this C'~ day of ea~r~ , 2001, before me, a Notary Public in and for the
State of Iowa, personally app an C. Cooper, to me known to be the identical person named in
and who executed the foregoing instrument and acknowledged that such person, as such fiduciary,
executed the same as the voluntary act and deed of such person of such fiduciary.
.
~ =~ ~R~~. ' Not liC in and f~r the State of Florida
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
On this day of , 2001, before me,
, a Notary Public in and for the State of Iowa, personally appeared
Ernest W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did
say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal
affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was
signed and sealed on behalf of the corporation, by authority of its City Council, as contained in
(Ordinance) (Resolution) No. passed by the City Council, on the day of
, 2001, and that Ernest W. Lehman and Marian K. Karr acknowledged the
execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
MeaRDON, SUePPE1 & DOWNeR P.L.C. ~ ?'
WILLIAM l. MeARDON LAVVYERS 1~ ~
JAMES d. MCCaRragHER IOWA C~, IOWA 5~40 ~ i 830 ~
WILLIAM d. SUEPPEL ~ ~
August 20, 2001
The Honorable Ernest W. Lehman HAND DELIVERED
Mayor of the City of Iowa City and
Members of the Iowa City Council
410 East Washington St.
Iowa City, IA 52240
Re: Ruppert Application to Rezone
Dear Mayor Lehman and Members of the City Council:
As I am sure you know, the above-mentioned Application to Rezone is currently
scheduled for its third reading on August 21, 2001. At a previously-scheduled third
reading for the Application to Rezone, an adjoining property owner, Menard's, Inc.,
objected to the rezoning based on subdivision documents that were, at that time, in the
process of being considered by the Planning and Zoning Commission. Based upon
Menard's objection to the subdivision documents, City staff and Carousel Motors (the
entity purchasing the property from the Ruppert family) began to dispute the meaning
of certain language in the Conditional Zoning Agreement with respect to the relocation
of the easement currently platted on the Ruppert property. This led staff to recommend
deferral of the Application to Rezone until either the issues with Menard's were
resolved or certain language in the Conditional Zoning Agreement was changed. On
Friday, August 17, John Yapp, much to his credit, drafted language that appears to
address the City's concerns and also is acceptable to the Ruppert family. Unfortunately,
based on events to date, Carousel Motors has withdrawn its offer for the property.
With the new language suggested by John Yapp, however, the Ruppert family
nevertheless would like to continue the process and amend the Conditional Zoning
Agreement to reflect the language John suggested.
Accordingly, the purpose of this letter is to ask that the City Council defer the
pending Application to Rezone the Ruppert property to allow the new language to be
inserted into the Conditional Zoning Agreement. I will then procure the necessary
The Honorable Ernest W. Lehman
Mayor of the City of Iowa City and
Members of the Iowa City Council
August 20, 2001
Page 2
signatures from the Ruppert family and present it to staff. I am informed that the
public hearing will need to be re-opened, and the Ruppert family is prepared to go
through the hearings again. In light of the fact, however, that this Application to
Rezone (and the public hearings associated therewith) has passed two readings, and the
change in the language associated with the Conditional Zoning Agreement does not
appear to be significant as far as the public is concerned, I ask that the third reading be
accelerated.
Thank you for your consideration of this matter.
Very, truly yours,
Charles A. Meardon
CAM/zmo
REVISED
REPEALED by ORDINANCE 02-3993
Prepared by: Karin Franklin, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5232
ORDINANCE NO. 01-3980
AN ORDINANCE AMENDING SECTION 1-9-3B OF THE CODE OF ORDINANCES OF IOWA CITY,
ESTABLISHING THE BOUNDARIES OF THE VOTING PRECINCTS 11'4 IOWA CITY.
SECTION I. PURPOSE. The purpose of this amendment is to revise the voting precincts in Iowa City to
reflect changes in population exhibited in the 2000 decennial census.
SECTION II. AMENDMENT. Section 1-9-3B of the Code of Ordinances is hereby amended by
deleting said section and replacing it with the following: Section 1-9-3B. Boundaries of Precincts
The area encompassed within the voting precincts shall be that indicated as follows:
Precinct 1: Beginning at the intersection of Riverside Drive and Benton Street; west on Benton Street
to Sunset Street; north on Sunset along the corporate limits of University Heights; following the corporate
limits of University Heights to the Iowa Interstate Railroad; east along the railroad tracks to Riverside
Drive; then south on Riverside Drive to the point of beginning.
Precinct 2: Beginning at the intersection of Sunset and Benton Streets; west on Benton Street to
Emerald Street; north on Emerald Street to Melrose Avenue; then following the corporate limits of
University Heights to the Iowa Interstate Railroad tracks; west on the railroad tracks to Mormon Trek
Boulevard; south on Mormon Trek Boulevard to Melrose Avenue; east on Melrose Avenue to Westgate
Street; south on Westgate Street to Keswick Drive; along Keswick Drive to the intersection with Benton
Street; east on Benton Street to Teg Drive; south and east on Teg Drive and Aber Avenue to Sunset
Street; nodh on Sunset Street to the point of beginning.
Precinct 3: Beginning at the intersection of the Iowa Interstate Railroad tracks and Mormon Trek
Boulevard; northeast on Mormon Trek Boulevard to Highway 6; east on Highway 6 to Iowa Avenue; east
on Iowa Avenue to the Iowa River; south along the Iowa River to the Iowa Interstate Railroad bridge; then
west along the railroad tracks to the point of beginning.
Precinct 4: Beginning at the intersection of Iowa Avenue and Riverside Drive; west on Riverside
Drive and Highway 6 to the Iowa City corporate limits; proceeding west and north along the Iowa River to
the intersection of Dubuque Street at the Butler Bridge; south on Dubuque Street to the Iowa City
corporate limits; south along the corporate limits to Interstate 80; east along Interstate 80 to Dubuque
Street; south on Dubuque Street to Iowa Avenue; west on Iowa Avenue to the point of beginning.
Precinct 5: Beginning at the intersection of Park Road and Dubuque Street; south on Dubuque
Street to Jefferson Street; west on Jefferson Street to Clinton Street; south on Clinton to Burlington
Street; west on Burlington to the Iowa River; north along the Iowa River to the Park Road bridge; east on
Park Road to the point of beginning.
Precinct 6: Beginning at the intersection of the Iowa Interstate Railroad tracks and Scott Boulevard.;
west along the railroad tracks to First Avenue; north on First Avenue to Muscatine Avenue; east on
Muscatine Avenue to the Iowa City corporate limits; south along the corporate limits and Scott Boulevard
to the point of beginning.
Precinct '~: Beginning at the intersection of the Iowa Interstate Railroad tracks and Mormon Trek
Boulevard; south on Mormon Trek Boulevard. to Westwinds Drive; west and north on Westwinds Drive to
Melrose Avenue; west on Melrose Avenue to the west corporate limits of Iowa City; following the
corporate limits north and west to the point of beginning.
Precinct 8: Beginning at the intersection of Westwinds Drive and Mormon Trek Boulevard.; south on
Mormon Trek Boulevard. to Highway 1; west on Highway 1 to the Iowa City corporate limits; west and
north along the Iowa City corporate limits to Melrose Avenue; east on Melrose Avenue to Westwinds
Drive; south and east on Westwinds Drive to the point of beginning.
Precinct 9: Beginning at the intersection of Mormon Trek Boulevard. and Melrose Avenue; east on
Melrose Avenue to Westgate Street; south on Westgate Street to Keswick Drive; south on Keswick Drive
to Benton Street; east on Benton Street to Teg Drive; south and east on Teg Drive and Abet Avenue to
Sunset Street; south on Sunset Street to Highway 1; west along Highway 1 and the Iowa City corporate
limits to the west right-of-way line of Highway 218 at Highway 1; east on Highway 1 to Mormon Trek
Boulevard.; west and north on Mormon Trek Boulevard. to the point of beginning.
Precinct 10: Beginning at the intersection of Summit Street and Kirkwood Avenue; east on Kirkwood
Avenue to Howell Street; south on Howell to Ginter Avenue; west on Ginter Avenue to Lukirk Street;
south on Lukirk to Highland Avenue; east on Highland Avenue to Broadway Street; south on Broadway to
Plum Street; west on Plum to Crescent Street; south on Crescent to Highway 6; east on Highway 6 to
Broadway Street; south on Broadway to Sandusky; west on Sandusky to Keokuk Street; north on Keokuk
Ordinance No. 01-3980
Page 2
to Southgate Avenue; west on Southgate Avenue to Gilbert Street; south on Gilbert Street to the
CRANDIC railroad tracks; southwest along the railroad tracks to the iowa River; north along the Iowa
River to Highway 1; west on Highway 1 to Miller Avenue; north on Miller Avenue to Benton Street; east on
Benton Street to Riverside Drive; north on Riverside Drive to the Iowa Interstate Railroad tracks; east on
the Iowa Interstate Railroad tracks to Summit Street; and south on Summit Street to the point of
beginning.
Precinct 11: Beginning at the intersection of Burlington and Gilbert Streets; south on Gilbed Street to
the Iowa Interstate Railroad tracks; west on the railroad tracks to the Iowa River; north on the Iowa River
to Burlington Street; then east on Burlington Street to the point of beginning.
Precinct 12: Beginning at the intersection of Industrial Park Road and Highway 6; north on industrial
Park Road to the Iowa Interstate railroad tracks; east on the railroad tracks to the east corporate limits of
Iowa City; following the corporate limits of Iowa City south, west along Highway 6, south and west and
nodh to Sycamore Street; north on Sycamore Street to California Avenue; east on California to Union
Road; south on Union to Nevada Street; east on Nevada to Miami Drive; north on Miami Drive to
Hollywood Blvd.; west on Hollywood Blvd. to Union Rd.; north on Union Road to Hwy. 6; east on Hwy. 6
to the point of beginning.
Precinct 13: Beginning at the intersection of Benton Street and Miller Avenue; south on Miller
Avenue to Highway 1; east on Highway I to the Iowa River; south on the Iowa River to the south
corporate limits of Iowa City; south and west along the corporate limits of Iowa City to Riverside Drive;
nodh on Riverside Drive following the Iowa City corporate limits south of the airport to the intersection
with Highway 1; east on Highway 1 to Sunset Street; nodh on Sunset Street to Benton Street; then east
on Benton Street to the point of beginning.
Precinct 14: Beginning at the intersection of DeForest Avenue and Sycamore Street; south on
Sycamore to the south corporate limits of Iowa City; west along the corporate limits to the Iowa River;
north along the iowa River to the iowa Interstate Railroad tracks; east on the railroad tracks to Gilbert
Street; north on Gilbert Street to Southgate Avenue; east on Southgate Avenue to Keokuk Street; south
on Keokuk Street to Sandusky Drive; east on Sandusky to Broadway Street; north on Broadway Street to
Highway 6; west on Highway 6 to Crescent Street; north on Crescent Street to Plum Street; east on Plum
Street to Broadway Street; north on Broadway to Highland Avenue; west on Highland Avenue to Lukirk
Street; north on Lukirk to Friendly Avenue; east on Friendly to Pine Street; south on Pine Street to
DeForest Avenue; east on DeForest Avenue to the point of beginning.
Precinct 15: Beginning at the intersection of California Avenue and Sycamore Street; north on
Sycamore Street to DeForest Avenue; west on DeForest Avenue to Pine Street; north on Pine Street to
the Iowa interstate Railroad tracks; east on the railroad tracks to Seventh Avenue; north on Seventh
Avenue to Muscatine Avenue; east on Muscatine Avenue to First Avenue; south on First Avenue to the
railroad tracks; east on the railroad tracks to a point north of Industrial Park Road; south to and on
Industrial Park Road to Highway 6; west on Highway 6 to Union Road; south on Union Road to Hollywood
Boulevard; east on Hollywood Blvd. To Miami Drive; south on Miami Drive to Nevada Street; west on
Nevada to Union Road, north on Union to California Avenue; west on California to the point of beginning.
Precinct 16: Beginning at the intersection of Muscatine Avenue and Dover Street; north on Dover
Street to Perry Court; west on Perry Court to Meadow Street; north on Meadow Street to Friendship
Street; east on Friendship Street to Kenwood; north on Kenwood to Court Street; east on Coud Street to
the Iowa City corporate limits; following the Iowa City corporate limits east, south and west to Muscatine
Avenue; west on Muscatine Avenue to the point of beginning.
Precinct 1 ?: Beginning at the intersection of Dover Street and Muscatine Avenue; west on Muscatine
Avenue to Court Street; east on Court Street to First Avenue; north on First Avenue to Rochester Avenue;
east on Rochester Avenue to Mt. Vernon Drive; south on Mt. Vernon Drive to Washington Street; east on
Washington Street to Westminster Street; south on Westminster to Court Street; east on Court Street to
Kenwood; south on Kenwood to Friendship Street; west on Friendship Street to Meadow Street; south on
Meadow Street to Perry Court; east on Perry Court to Dover Street; south on Dover Street to the point of
beginning.
Precinct 18: Beginning at the intersection of Muscatine Avenue and Seventh Avenue; south on
Seventh Avenue to the Iowa Interstate Railroad tracks; west on the railroad tracks to Pine Street; south
on Pine Street to Friendly Avenue; west on FriendLy to Lukirk Street; north on Lukirk to Ginter Avenue;
east on Ginter Avenue to Howell Street; north on Howell to Kirkwood Avenue; west on Kirkwood Avenue
to Summit Street; north on Summit Street to the iowa Interstate Railroad tracks; west on the railroad
tracks to Lucas Street; north on Lucas Street to Bowery Street; east on Bowery Street to Governor Street;
nodh on Governor Street to Burlington Street; east on Burlington Street to Muscatine Avenue; southeast
on Muscatine Avenue to the point of beginning.
Precinct 19: Beginning at the intersection of Governor Street and Bowery Street; west on Bowery
Street to Lucas Street; south on Lucas Street to the Iowa interstate Railroad tracks; west on the railroad
Ordinance No. ~1-39~,0
Page 3
tracks to Gilbert Street; north on Gilbert Street to College Street; east on College Street to Van Buren
Street; south on Van Buren Street to Burlington Street; east on Burlington Street to Governor Street;
south on Governor Street to the point of beginning.
Precinct 20: Beginning at the intersection of Governor Street and Burlington Street; west on
Burlington Street to Van Buren Street; north on Van Buren Street to College Street; west on College
Street to Gilbert Street; south on Gilbert to Burlington Street; west on Burlington Street to Clinton Street;
nodh on Clinton to Jefferson Street; east on Jefferson Street to Dubuque Street; north on Dubuque Street
to Bloomington Street; east on Bloomington Street to Johnson Street; south on Johnson Street to
Jefferson Street; east on Jefferson Street to Governor Street; south on Governor Street to the point of
beginning.
Precinct 21: Beginning at the intersection of Governor Street and Jefferson Street; west on Jefferson
Street to Johnson Street; north on Johnson Street to Bloomington Street; west on Bloomington Street to
Dubuque Street; north on Dubuque Street to Kimball Road; east on Kimball Road to Gilbert Street; south
en Gilbert Street to Brown Street; east on Brown Street to Governor Street; south on Governor Street to
the point of beginning.
Precinct 22: Beginning at the intersection of Governor Street and Brown Street; west on Brown
Street to Gilbert Street; north on Gilbed Street to Kimball Road; west on Kimball Road to Dubuque Street;
north on Dubuque Street to Interstate 80; east on Interstate 80 to the Iowa City corporate limits; north,
east and south along the corporate limits to Interstate 80; west on Interstate 80, along the south right-of-
way line of the interchange between Dodge Street and Interstate 80, to Dodge Street; west on Dodge
Street to North Summit Street; south on North Summit Street to Dewey Street; west on Dewey Street to
Brown Street; west on Brown Street to the point of beginning.
Precinct 23: Beginning at the intersection of Market Street and Governor Street; north on Governor
Street to Brown Street; east on Brown Street to Dewey Street; north on Dewey Street to North Summit
Street; north on North Summit Street to Dodge Street; east on Dodge Street to the south right of way line
of the interchange of Dodge Street and Interstate 80; east on Interstate 80 to the east corporate limits of
iowa City; south along the corporate limits of Iowa City to Rochester Avenue; west on Rochester Avenue
to Market Street; west on Market Street to the point of beginning.
Precinct 24: Beginning at the intersection of First Avenue and Court Street; west on Court Street to
Muscatine Avenue; northwest on Muscatine Avenue to Burlington Street; west on Burlington Street to
Governor Street; north on Governor Street to Market Street; east on Market Street to Rochester Avenue;
east on Rochester Avenue to First Avenue; south on First Avenue to the point of beginning.
Precinct 25: Beginning at the intersection of Court Street and Westminster Street; north on
Westminster Street to Washington Street; west on Washington Street to Mt. Vernon Drive; north on Mt.
Vernon Drive to Rochester Avenue; east on Rochester Avenue to the Iowa City corporate limits; south
and east along the Iowa City Corporate Limits to Court Street; west on Court Street to the point of
beginning.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. if any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effective on January 15, 2002, affer its
final passage, approval and publication, as provided by law.
Passed and approved this ~day of August. ,20 01 .
CITY CLERK
/~ved by
City Attorney's (~ff~e
Ordinance No. 0t-3980
Page 4
It was moved by Pfab and seconded by Vanderhoef that the Ordinance
as read be adopted, and upon roil call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
~' O'Donnell
X Pfab
X Vanderhoef
X Wilburn
First Consideration 7/31/01
Voteforpassage:AYES: Lehman, 0'Oonnell, Pfab, ~/.i]bu~'n, Champ-ion, Kanner. NAYS:
None. ABSENT: Vanderhoef.
Second Consideration 8/20/01
Voteforpassage: AYES: Pfab, Vanderhoef, Wilburn, Champ.ion, Kanner, Lehman,
0'Donne11. NAYS: None. ABSENT: None.
Date published __
ORDINANCE NO. 01-3gR1
ORDINANCE AMENDING SECTION 1-5-1 OF THE CODE OF
ORDINANCES OF IOWA CITY, ESTABLISHING THE VOTING
PRECINCTS THAT COMPRISE THE THREE CITY COUNCIL
DISTRICTS IN IOWA CITY.
SECTION I. PROPOSE. The purpose of this amendment is to
revise the City Council districts in Iowa City to reflect changes as a
result of the reprecincting process.
SECTION I1. AMENDMENT: Section 1-5-1 of the Code of
Ordinances is hereby amended by adopting a new section 1-5-1
to read as follows:
1-5-1: CITY COUNCIL DISTRICTS:
There are hereby established in the City three (3) City
Council Districts. The following "voting precincts", as defined in
Chapter 9 of this Title, shall comprise the three (3) City Council
Districts:
A. City Council District A: Voting precincts 1, 2, 3, 7, 8, 9, 13,
and 14.
B. City Council District B: Voting precincts 6, 12, 15, 16, 17,
18, 23, 24, and 25.
C. City Council District C: Voting precincts 4, 5, ,10 11, 19,
20, 21, and 22.
SECTION II1. REPEALER. All ordinances and parts of
ordinances in conflict with the provisions of this Ordinance are
hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of
the Ordinance shall be adjudged to be invalid or unconstitutional,
such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid
or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in
effect beginning January 15, 2002.
Passed and approved this 21 ~t day of
MAYOR
CITY C~ERK
~__~_ _/.~proved by
City Attorney's Office
Ordinance No. ~_1-3981
Page 2
it was moved by Vanderhoef and seconded by Pfab that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
~ O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration 7/31/01
V,o~te~.o.r_..pas.sage.: A.YES: O'Donnell, Pfab, Wilburn, Champion, Kanner,Lehman. NAYS:
None. At~b~l'l/: van(~ernoef.
Second Consideration 8/20/01
Voteforpassage: AYES: Vanderhoef, Wilburn, Champion, Kanner, Lehman, O'Donnell,
Pfab. NAYS: None. ABSENT: None.
Date published 1/31/02
Prepared by: Chuck Schmadeke, Public Works Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141
ORDINANCE NO. 01-3982
ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES,"
CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND
PENALTIES" OF THE CITY CODE, TO INCREASE WATER SERVICE CHARGES AND
FEES IN IOWA CITY, IOWA.
WHEREAS, pursuant to Chapter 384, Code of Iowa (as amended), the City of Iowa City is authorized
to establish and provide for the collection of rates and charges to pay for the City's utility systems,
including the City's water supply and treatment system; and
WHEREAS, water meter rates, which were last increased in 1996, are proposed to be increased to
generate adequate revenues to pay the costs of meters and meter reading devices, necessary to
effectively measure water use by customers of the City's potable water supply and treatment system;
and
WHEREAS, the Iowa City City Council proposes to increase the charge for meters to include the cost
of a meter reading device.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 3, Chapter4, Section 3, entitled "Potable Water Use and Service." of
the City Code is hereby amended by:
a. Repealing the subsection entitled "Single-Purpose Meter Fee" in Section 3-4-3 and
adding a new section entitled "Meter Charge" to read as follows:
Meter Size
Fee
(Inches)
Meter Charge, including
meter reading device
(Nonrefundable) (14-3A-4) % to 3A $120.00
% 150.00
1 184.00
1¼ 336.00
2 442.00
4 1,484.00
6 2,832.00
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole
or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, to be collected as set forth in §14-3A-4, City Code.
Ordinance No. 01-3982
Page 2
Passed and approved this 21st day of Auqust ,2001
Approved by
City Attomey's O ~ce Date
It was moved by Champi on and seconded by 0' DnnnP] ] that the Ordinance as
read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X . Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
First Consideration 7/10/01
Voteforpassage: AYES: Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, V/ilburn,
Champion. NAYS: None. ABSENT: None.
Second Consideration 7/31/01
Voteforpassage:AYES:Lehman, O'Donnell, Pfab, 14ilburn, Champion Kanner. NAYS:
None. ABSENT: Vanderhoef. '
Date published 8/29/01
pweng~ord~waterinc01 ,doc