HomeMy WebLinkAbout2006-03-21 Ordinance
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Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
ORDINANCE NO,
AN ORDINANCE AMENDING A CONDITIONAL ZONING AGREEMENT TO REMOVE THE
REQUIREMENT FOR A 30 FOOT LANDSCAPE SETBACK FROM HIGHWAY 1 FOR .63 ACRES
LOCATED AT 809/817 HIGHWAY 1 WEST. (REZ06-00002)
WHEREAS, the applicant, Autohaus Ltd., entered into a Conditional Zoning Agreement as part of a 2001
rezoning from General Industrial (1-1) to Intensive Commercial (CI-1 );and
WHEREAS, the original Conditional Zoning Agreement required a thirty (30) foot setback in order to
provide for attractive development in accordance with the aesthetic standards for the Highway 1 corridor and
to prevent parking or display of merchandise outside of the paved area; and
WHEREAS, the City subsequently vacated the right-of-way/frontage road in front the applicant's adjacent
property; and
WHEREAS, the vacation agreement required the applicant to incorporate both properties into one and to
landscape and maintain the Highway 1 frontage in accordance with a landscape plan approved by the City;
and
WHEREAS, the applicant established a uniform, landscaped bed along the front of both properties; and
WHEREAS, the applicant has requested an amendment to a previous conditional zoning agreement to
remove the 30-foot setback from Highway 1 West; and
WHEREAS, the Planning and Zoning Commission found that the established landscaped bed fulfills the
intent of the setback requirement; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed
amendment to the Conditional Zoning Agreement subject to maintenance of the established landscaped at
the front of the lot and complete compliance with the previous landscaped plan approved by the City; and
WHEREAS, all other requirements of the Conditional Zoning Agreement remain in effect, and
WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning
Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. The Conditional Zoning Agreement is hereby amended to remove a
requirement for a 30-foot setback for the property described below:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 16,
TOWNSHIP 79 NORTH RANGE 6 WEST OF THE FIFTH PRINCIPLE MERIDIAN; THENCE NOO"51'23"E,
1157.17 FEET ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE N89"08'39"W,
60.00 FEET TO A POINT ON THE EAST LINE OF LOT 1 RUPPERT SUBDIVISION, PART ONE, AS
RECORDED IN BOOK 27 AT PAGE 15, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S
OFFICE; THENCE SOO"51'23"W, 133.69 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1;
THENCE N89"08'37", 503.31 FEET ALONG THE SOUTH LINE OF SAID LOT 1 TO THE SOUTHWEST
CORNER OF SAID LOT 1; THENCE NOO"51 '23"E, 226.17 FEET ALONG THE WEST LINE OF SAID LOT 1
TO THE POINT OF BEGINNING; THENCE N49"57'39'W, 280.63 FEET; THENCE NORTHEASTERLY
184.38 FEET ALONG A 2231.90 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 184.33
FOOT CHORD BEARS N72"35'52"E; THENCE N74"57'52"W, 44.17 FEET; THENCE SOO"51'23"W, 7.99
FEET TO THE NORTHWEST CORNER OF SAID LOT 1, THENCE SOO"51'23'W, 239.16 FEET ALONG
THE WEST LINE OF SAID LOT 1, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS
27,283 SQUARE FEET, MORE OR LESS AND IS SUBJECT TO EASEMENTS AND RESTRICTION OF
RECORD.
SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to
certify a copy of this ordinance and the Amendment to Conditional Zoning Agreement and record the same
in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
Ordinance No.
Page 2
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this _ day of , 20 .
MAYOR
ATTEST:
CITY CLERK
Approved by
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City Att~~cec:::::::. --,
ppdadrn/Qrdl809 hwy 1w.doc
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 3/21/06
Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Correia. NAYS: None. ABSENT: NOne.
Second Consideration
Vote for passage:
Date published
Prepared by: Sarah Walz, Associate Planner, 410 E. Washin9ton Street, Iowa City, IA 52240; 319-356-5239
AMENDMENT TO CONDITIONAL ZONING AGREEMENT
ON .63 ACRES, LOCATED ON THE SOUTH SIDE OF
HIGHWAY 1 WEST, WEST OF RUPPERT ROAD
WHEREAS, The City of Iowa City ("City") and Autohaus, Ltd., entered into a Conditional Zoning
Agreement for the above referenced parcel, dated 11/20/2001, which is recorded at Book 3219
Page 27, et seq., of the records of the Johnson County Recorder ("Agreement"); and
WHEREAS, Section 4e of the Agreement requires 'a 3D-foot setback from Highway 1 that shall
be landscaped with ground cover. No parking or display of merchandise or paving other than
sidewalks shall be permitted in this 3D-foot setback"; and
WHEREAS, the City and Autohaus, Ltd., have subsequently agreed based on a change in
circumstances, that said requirement to provide a 3D-foot setback is no longer necessary; and
WHEREAS, the established landscaped bed adjacent to the Highway 1 right-of-way is a
requirement of the Zoning Ordinance and serves the same purpose as the setback requirement;
and
FOR GOOD AND VALUABLE CONSIDERATION, IT IS AGREED that the parties' Agreement is
hereby amended as follows:
1. Section 4e of the agreement is hereby deleted in its entirety.
2. All other terms and conditions of the Agreement remain in full force and effect.
AUTOHAUS, L TO.
CITY OF IOWA CITY
Ross Wilburn, Mayor
ATTEST:
Marian K. Karr, City Clerk
ppdadmlagllcza-hwy 1w.doc
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STATE OF IOWA )
)
JOHNSON COUNTY )
On this day of , 2006, before me, the undersigned, a Notary Public in
and for said County, in said State, personally appeared Ross Wilburn and Marian K. Karr, to me
personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of said municipal corporation executing the within and foregoing instrument; that the
seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and
sealed on behalf of said municipal corporation by authority of City Council of said municipal
corporation; and that the said Ross Wilburn and Marian K. Karr acknowledged the execution of
said instrument to be the voluntary act and deed and said municipal corporation, by it and by them
voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this b day of ~L , AD. 20~, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Kenneth E. Williamson, to me personally known,
who, being by me duly sworn, did say that he is the President of said corporation executing the within and
foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on
behalf of the corporation by authority of its Board of Directors; and that Kenneth E. Williamson as an
officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of said
corporation, by it and by him voluntarily executed.
~4/b1$~
Notary Public in and for the State of Iowa
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ppdadmlagtlcza-hwy 1w.doc
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Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
ORDINANCE NO.
AN 0 INANCE AMENDING A CONDITIONAL ZONING AGREEMENT TO REMOVE THE
REQUIRE NT FOR A 30 FOOT LANDSCAPE SETBACK FROM HIGHWAY 1 FOR .63 ACRES
LOCATED A 09/817 HIGHWAY 1 WEST. (REZOS-00023)
WHEREAS, the ap 'cant, Autohaus Ltd., entered into a Conditional Zoning Agreeme as part of a 2001
rezoning from General In trial (1-1) to Intensive Commercial (CI-1);and
WHEREAS, the origina onditional Zoning Agreement required a thirty (30) fo setback in order to
provide for attractive developm t in accordance with the aesthetic standards for the ighway 1 corridor and
to prevent parking or display of m chandise outside of the paved area; and
WHEREAS, the City subseque Iy vacated the right-of-way/frontage road in fr t the applicant's adjacent
property; and
WHEREAS, the vacation agreeme required the applicant to incorporate th properties into one and to
landscape and maintain the Highway 1 fr tage in accordance with a lands pe plan approved by the City;
and
WHEREAS, the applicant established a u 'form, landscaped bed alon the front of both properties; and
WHEREAS, the applicant has requested a amendment to a previ s conditional zoning agreement to
remove the 30-foot setback from Highway 1 West, nd
WHEREAS, the Planning and Zoning Commis . n found that the stablished landscaped bed fulfills the
intent of the setback requirement; and
WHEREAS, the Planning and Zoning Com miss n has r om mended approval of the proposed
amendment to the Conditional Zoning Agreement subjec to m . tenance of the established landscaped at
the front of the lot and complete compliance with the previo I dscaped plan approved by the City; and
WHEREAS, all other requirements of the Conditional Zon g Agreement remain in effect, and
WHEREAS, the Iowa City City Council concurs with th r ommendations of the Planning and Zoning
Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE ITY C NCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. The Conditional Zing Agreement is hereby amended to remove a
requirement for a 30-foot setback for the property d cribed below:
COMMENCING AT THE SOUTHEAST CORN QUARTER OF SECTION 16,
TOWNSHIP 79 NORTH RANGE 6 WEST OF E FIFTH PRINCIPLE ME DIAN; THENCE NOO'51'23"E,
1157.17 FEET ALONG THE EAST LINE 0 SAID SOUTHWEST QUAR R; THENCE N89'08'39"W,
60.00 FEET TO A POINT ON THE EAST INE OF LOT 1 RUPPERT SU IVISION, PART ONE, AS
RECORDED IN BOOK 27 AT PAGE 15, 0 THE RECORDS OF THE JOHNSO COUNTY RECORDER'S
OFFICE; THENCE SOO'51'23"W, 133. FEET TO THE SOUTHEAST CO ER OF SAID LOT 1;
THENCE N89'08'37", 503.31 FEET AL NG THE SOUTH LINE OF SAID LOT 1 0 THE SOUTHWEST
CORNER OF SAID LOT 1: THENCE O'51'23"E, 226.17 FEET ALONG THE WES INE OF SAID LOT 1
TO THE POINT OF BEGINNING; HENCE N49'57'39"W, 280.63 FEET; THENCE ORTHEASTERL Y
184.38 FEET ALONG A 2231.90 F OT RADIUS CURVE, CONCAV~ SOUTHEASTERLV, WHOSE 184.33
FOOT CHORD BEARS N72'35' 2"E; THENCE N74'57'52"W, 44.17 FEET; THENCE S~0'51'23"W, 7.99
FEET TO THE NORTHWEST ORNER OF SAID LOT 1, THENCE SOO'51'23"W, 239.1/5 FEET ALONG
THE WEST LINE OF SAID T 1, TO THE POINT OF BEGINNING. SAID TRACT OF LANp CONTAINS
27,283 SQUARE FEET, M RE OR LESS AND IS SUBJECT TO EASEMENTS AND RESTRICTION OF
RECORD.
SECTION IV. CE IFICATION AND RECORDING. The City Clerk is hereby authorized and d~ected to
certify a copy of this rdinance and the Amendment to Conditional Zoning Agreement and record the same
in the Office of the ounty Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publ; ation of this ordinance, as provided by law.
he
STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Sarah Walz
Item: REZ06-00002
Date: February 16, 2006
GENERAL INFORMATION:
Applicant:
Autohaus Ltd.
809-817 Hwy 1 West
Iowa City, Iowa
354-2550
Contact Person:
AI Williamson
2875 Wapsi Ave. NE
Iowa City
Phone:
643-5867
Requested Action:
Change in the Conditional Zoning Agreement to
eliminate the requirement for an additional 30-foot
setback from Highway 1 (Item 4E) for the Nissan
portion of the property.
Purpose:
To allow the retail to present a uniform front setback
consistent with the adjacent Carousel VW/Audi lot.
Location:
817 Highway 1 West.
Existing Land Use and Zoning:
Intensive Commercial (CI-1)
Surrounding Land Use and Zoning:
North: Residential - OPD/RM-20
South: Commercial and airport -CC-2, P
East: Commercial- CI-1
West: Commercial -CC-2
Comprehensive Plan:
General Commercial.
File Date:
January 25, 2006
March 13, 2006
45 Day Limitation Period:
BACKGROUND INFORMATION:
The applicant, Carousel Nissan Motors, has submitted an application for a change to the
Conditional Zoning Agreement (CZA) affecting their property. As part of the 2001 rezoning from
1-1 to CI-1, which allowed the construction of the current Nissan building, the CZA includes a
requirement for a 30-foot landscaped setback from the right-of-way and prohibits paving,
parking or displaying merchandize on the setback (see Item e in the attached CZA). The
attached aerial photograph depicts the 30 foot setback area. The setback is required to be
landscaped with groundcover (i.e. lawn grass). An additional landscaping requirement in the
CZA (Item d) calls for all parking rows, including those for vehicle sales, to terminate "in a
2
landscaped bed 9 feet depth".
This Conditional Zoning Agreement is similar to those placed on other properties (i.e. Menards
and Toyota) along the Highway 1 corridor. The intent of the setback and landscaping
requirements is to provide for attractive development at the southwest entrance to the city in
accordance with the Comprehensive Plan and to prevent parking or display of merchandize
beyond the paved display area.
During the rezoning hearing at which the CZA was adopted for Carousel Nissan, there was
considerable discussion about the issue of parking on the grass landscape at the adjacent
Carousel VW/Audi lot. The discussion centered on the history parking violations as well as how
to enforce the parking restrictions. It was noted that Carousel had recently stopped parking cars
outside of the paved display lot.
At the time of the rezoning, the City of Iowa City maintained a right-of-way/frontage road (west
of Ruppert Road) running across the entire front of the Carousel VW/Audi lot and a portion
(about 1/3) of the Nissan lot. Shortly thereafter, the City vacated this right-of-way to Carousel.
The vacation agreement required Carousel to incorporate its two parcels (the AudilVW parcel
and the Nissan parcel) into one and to landscape and maintain the Highway 1 frontage in
compliance with a landscape plan approved by the City. A substantially landscaped buffer
would serve in lieu of a 30-foot setback. The landscaped buffer would also substitute for
financial compensation to the City for vacating the right-of-way. Carousel subsequently
combined the two parcels and landscaped the entire frontage for both the Nissan and AudilVW
dealerships. Although the landscaped buffer has been provided across the entire front of the
Nissan lot (beyond the end of the frontage road), this portion of the Carousel property is still
subject to the CZA and thus is required to have the 30 foot setback.
As recently as fall 2005, Carousel continued to display cars outside the paved lot along the
right-of-way on Ruppert Road and in front of the landscaped beds at the VW/Audi lot. In
addition, the dealership began displaying cars within the setback in front of the Nissan portion
of the lot. In late fall 2005, it was noted that islands within the paved lot near the former frontage
road, which were part of the approved landscaping plan, were not landscaped as specified in
the agreement (they contain only lawn grass) and instead were being used for parking
additional cars.
Since that time, Carousel has come into compliance with the CZA and no longer displays cars
in the right-of-way or on anywhere outside of the paved parking area.
The applicant is now requesting to eliminate the requirement for a 30-foot setback from
Highway 1 (Item 4.e) for the Nissan portion of the property. Removing the additional setback
would allow the Carousel Nissan to present a front display area consistent with the adjacent
Carousel VW/Audi lot. If the CZA is amended the current zoning code requires that a 10-foot
wide landscaped area be maintained between the right-of-way and the vehicle display area.
ANALYSIS:
Since substantial landscaping in front of the vacated right-of-way was intended to serve the
same purpose as the 30-foot set-back requirement in meeting the aesthetic standards for the
Highway 1 corridor, and because the applicant has extended that buffer across the entire lot,
staff views this as a reasonable request. The problem of illegal parking and displaying of
vehicles outside the paved lot, which was noted at the time of the CZA and continued
intermittently until fall 2005, has now ceased, and the dealership has complied with restrictions
on parking outside of the paved areas of the lot. To bring the property in complete compliance,
the trees and landscaped islands that were required by the vacation agreement should be
ppdadmin\stfrep\rez06-OO002. doc autohaus. doc
3
installed prior to the additional paving being installed within the 30 foot setback area. It should
be noted that all other requirements of the CZA remain in effect and that the current zoning
code requires a 10 foot landscape bed adjacent to the Highway 1 right-of-way.
STAFF RECOMMENDATION:
Staff recommends approval of the change to the CZA removing the additional 30-foot setback
(Item 4. e) subject to maintenance of the landscaped bed at the front of the lot and complete
compliance with the landscape plan approved as a requirement of the right-of-way vacation
prior to installation of any additional parking or display areas within the 30 foot setback.
ATTACHMENTS:
1. Location Map
2. Aerial photo
3. Conditional Zoning Agreement
4. Landscape Plan
Ap""",, by ~Ofd4.1L
Karin Franklin. Director,
Department of Planning and Community Development
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Prepared by: Shelley McCafferty, Assoc, Planner. 410 E. Washington St., Iowa City, IA 52240 (319) 356.5243
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between Autohaus, Ltd. (hereinafter "Owner") and the City of Iowa
City, Iowa, a municipal corporation (hereinafter "City"); and
WHEREAS, Owner has requested the City rezone approximately .63 acres located at 809 Highway 1
West from 1-1, General Industrial, to CI-1, Intensive Commercial; and
WHEREAS, the proposed rezoning is compatible with adjacent commercial zoning to the east and south,
and with the commercial character of the Highway 1 Corridor; and
WHEREAS, the size of said property, .63 acres, is too small to provide for uses typically allowed in the
General Industrial zone; and
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WHEREAS, Iowa Code 414.5 (2001) provides that the City of Iowa City may imoo~reasonable
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conditions on granting an applicant's rezoning request, over and above existing regulitio~ in Oftler tol I
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satisfy public needs related to the requesled zoning change; and ::2 P -.J ITl
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WHEREAS, the City of Iowa City has a policy to preserve and enhance the entrances to ~ fi'ty; aifd
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WHEREAS, Highway 1 is the primary entrance to Iowa City from the southwest; and
WHEREAS, the approximate .63 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, Owner acknowledges 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
WHEREAS, Owner and City acknowledge that similar conditions have been placed on other properties
within the Highway 1 Corridor; and
Autohaus. Ltd. Conditional Zoning Agreement
Page 2
WHEREAS, Owner agrees 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. Autohaus, Ltd. is the owner and legal title holder of property located at 809 Highway 1 West and
northwest of the Iowa City Municipal Airport, more particularly described as follows:
Commencing at the Southeast Corner of the Southwest Quarter of Section 16, Township 79
North Range 6 West of the Fifth Principal Meridian; Thence NOD "51'23"E, 1157.17 feet along
the East Line of said Southwest Quarter; Thence NB9"OB'39'W, 60.00 feet to a point on the
East Line of Lot 1 Ruppert Subdivision, Part One, as recorded In Book 27 at Page 15, of the
Records of the Johnson County, Iowa Recorder's Office; Thence SOO"51 '23" W, 133.69 feet to
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the Southeast Corner of said Lot 1; Thence--1'l89,,!>~}~;i1 ~vl1e South Line of '0 ~
said Lot 1to the Southwest corner of said Lot 1; Thence NOQ'51'23"E, 226.17 feet along the
~------------~
West Line of said Lot 1 to the Point of Beginning; Thence N49"57'39'W, 260.63 feet; Thence
Northeasterly 184,36 feet along a 2231.90 foot radius curve, concave Southeasterly, whose
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164.33 foot chord bears N72"35'52"E; Thence N74"57'5z;t, 44.17 feet; Thence ~
SOO'51'23'W, 7.99 feet to the Northwest Corner of said Lot 1; Thence Soo'51'23'W, 239.16
feet along the West line of said Lot 1, to the Point of Beginning. Said Tract of Land conlains
27,283 square feet, more or less and is subject to Easements and Restriction of record.
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2. The parties acknowledge that Iowa City has a policy, as stated in the comp@ensiv~lan, to
preserve and enhance entrances to Iowa City, Owners agree and aCknOWledg~ thi~Oli~
reasonable, proper and appropriate under the circumstances. Q r~ I r-
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3. Owner acknowledge that the City's policy concerning entrances governs thi~nin~equQ
and, therefore, agrees to certain conditions over and above City regulations ~ be i~ed in
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order to lessen the impact of the development on the surrounding area.
4. In order to provide for attractive deveiopment 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 property complies
with laws and regulations goveming development of the property due to ils close proximity to the
Autohaus, Ltd. Conditional Zoning Agreement
Page 3
Iowa City Municipal Airport, Owner agrees that the development of the subject property will
conform to the following conditions:
a. Any proposed development on the property shall not have direct vehicular access onto
Highway 1. Access to the property shall be through access drives from adjacent
properties.
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 1 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 1 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 iarge trees is found to potentially
penetrate the minimum obstruction clearance height for the Iowa City Municipal Airport.
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There shall be a 3D-foot setback from Highway 1 that shall be landscaped wit~round
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cover. No parking or display of merchandise or paving other than sClwalks ~all be
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permitted in this 3D-foot setback. )> :::;:! ~ 11
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In order to minimize the potential for a blank wall to face Highway 1, tfj~~lding:;wall~'
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walls facing Highway 1 shall be constructed of masonry, including bri~smne,~esse
concrete block, and/or stucco or like material when used in combinatiolr\vith a ~sonry
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 like material, or
Autohaus, Ltd. Conditional Zoning Agreement
Page 4
architectural metal in combination with masonry, with approval of a site plan by the
Director of Planning and Community Development.
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.
5. The Owner agrees 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 herein. 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.
6. The Owner acknowledges that the conditions contained herein are reasonable conditions to
impose on the land under Iowa Code 414.5 (2001), 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 further acknowl~ge that
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this agreement shall inure to the benefit of and bind all successors, representati~ and ~igns of
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9. Owner acknowledges that nothing in this conditional zoning agreement shari~on~ed~
relieve the owner from complying with all applicable local, state and federal regu~OIfs. ~ \.J
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10. The parties agree that this conditional zoning agreement shall be incorporated by reference into
the ordinance rezoning the subject property; and that upon adoption and publication of the
ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at City
expense.
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Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
ORDINANCE NO. 06-4] 98
AN ORDINANCE REZONING 9.72 ACRES OF LAND LOCATED WEST OF FOSTER ROAD FROM
INTERIM DEVELOPMENT RESIDENTIAL (ID-RS) TO PLANNED DEVELOPMENT HOUSING-LOW
DENSITY SINGLE-FAMILY (OPD-5). (REZ05-00023)
WHEREAS, the applicant, Westcott Partners, has requested a rezoning and approval of a Preliminary
Sensitive Areas Development Plan to allow development of two (2) twelve-unit multi-family buildings on
property located west of Foster Road and north of White Oak Place; and
WHEREAS, the Planning and Zoning Commission found that the proposed Sensitive Areas
Development Plan provides many design features encouraged by the Comprehensive Plan , including
clustered development, and preservation of woodlands, slopes and other environmental features; and
WHEREAS, the Planning and Zoning Commission has found that the plan is of a scale, massing, and
architectural style that is compatible with adjacent residential development, as recommended by the
Comprehensive Plan, and buildings are designed to minimize the impact of their vertical height through a
combination of exterior building materials consisting of brick, stone, and fiber cement siding; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed
Sensitive Areas Development Plan, including variations from the underlying RS-5 zoning to allow for multi-
family buildings; and
WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning
Commission.
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 current zoning
classification of Interim Development Single-Family (ID-RS) to Planned Development Overlay-Low Density
Single-Family Residential (OPD-5) with a Sensitive Areas Development Plan is hereby approved:
A PORTION OF GOVERNMENT LOT 2 LYING IN SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST
OF THE STH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE
PARTICULARLY DESCRIBED AS FOllOWS:
AUDITOR'S PARCEL 2005162
COMMENCING AT THE NORTHEAST CORNER OF LOT 1, OAKMONT ESTATES, IOWA CITY, IOWA,
ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 46 AT PAGE 319 IN
THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE S88029'S3"W, ALONG THE
NORTH LINE OF lOTS 1 THROUGH 9 AND ALONG THE NORTH LINE OF OUTLOT "A" OF SAID
OAKMONT ESTATES, 1288 FEET MORE OR LESS TO A POINT ON THE LEFT (OR EASTERLY) TOP
OF BANK OF THE IOWA RIVER (1288.06 FEET TO A FOUND PIN ON THE MEANDERING L1NE-
DENOTED AS POINT A); THENCE NORTHEASTERLY, ALONG SAID TOP OF BANK, FOLLOWING AS
CLOSELY AS PRACTICABLE THE SINUOUSITIES OF THE BANK, 990 FEET MORE OR LESS TO A
POINT 14:1: FEET WESTERLY OF A POINT ON THE MEANDERING LINE (DENOTED AS POINT B), SAID
POINT BEING ON THE SOUTHERLY LINE OF OUTLOT "B", MACKINAW VILLAGE-PART TWO, IOWA
CITY, IOWA, AS RECORDED IN PLAT BOOK 48 AT PAGE 108 IN SAID RECORDER'S RECORDS;
THENCE N87"59'14"E, ALONG SAID SOUTHERLY LINE, 739 FEET MORE OR LESS, TO A POINT ON
THE WESTERLY RIGHT-OF-WAY LINE OF FOSTER ROAD, SAID POINT BEING 72S.01 FEET ALONG
SAID COURSE FROM SAID POINT B; THENCE SOUTHWESTERLY, 497.74 FEET ALONG SAID
WESTERLY RIGHT-OF-WAY LINE AND AN ARC OF 385.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY, WHOSE 463.80 FOOT CHORD BEARS S34024'11"W; THENCE S02034'36"E, ALONG
SAID WESTERLY RIGHT-OF-WAY, 104.62 FEET TO THE POINT OF BEGINNING, CONTAINING 9.72
ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
NOTE: THE MEANDERING LINE IS DESCRIBED AS FOLLOWS: THENCE N86024'24"E, FROM POINT A,
ALONG THE MEANDERING LINE, 99.50 FEET; THENCE N39049'05"E, ALONG SAID MEANDERING
Ordinance No. Oh-41 QR
Page 2
LINE, 64.33 FEET; THENCE N59'03'26"E, ALONG SAID MEANDERING LINE, 137.46 FEET; THENCE
N67'08'26"E, ALONG SAID MEANDERING LINE, 130.99 FEET; THENCE N20'10'25"E, ALONG SAID
MEANDERING LINE, 58.06 FEET; THENCE N70'30'28" E, ALONG SAID MEANDERING LINE, 160.45
FEET; THENCE N70'37'38"E, ALONG SAID MEANDERING LINE 97.25 FEET; THENCE N59'54'36"E,
ALONG SAID MEANDERING LINE, 103.69 FEET; THENCE N50'04'39"E, ALONG SAID MEANDERING
LINE, 74.32 FEET; THENCE N21'57'37"E, ALONG SAID MEANDERING LINE, 74.32 FEET TO POINT B.
SECTION II. VARIATIONS Section 14-3A of the City Code provides that variations in zoning
requirements may be approved for Sensitive Areas Development Plans to permit the clustering of density.
The following variations from the RS-5 zoning requirements are hereby approved as part of the Preliminary
Sensitive Areas Development Plan:
a. The construction of two (2) twelve-unit multifamily buildings, which include a combination of brick,
stone, and fiber cement siding exterior building materials on all facades, as shown on the Preliminary
Sensitive Areas Site Plan; and
b. The RS-5 maximum building height is increased from thirty-five (35) feet up to forty-seven (47) feet.
c. The restriction on parking located directly between a principal building and the street as part of the
Multi-Family Site Development Standards is waived to allow up to five visitor parking spaces as
shown on the preliminary Sensitive Areas Site Plan.
SECTION III. 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 the final passage, approval and
publication of the ordinance as approved by law.
SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to
certify a copy of this ordinance and the approved Preliminary OPD Plan, and record the same in the Office of
the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and
publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
~ and approved this ~ day of M~rcn
~0A~l/~
MAYOR
, 20....llL.
ATTEST: )?l~ ~~
CI CLERK
dz:.Jfi,(p
City !torney's Office
Ordinance No. n~_" 1 96
Page ---1-
It was moved by V~nilp,.h()pf and seconded by
as read be adopted. and upon roll call there were:
('n""'re-i~
that the Ordinance
AYES: NAYS: ABSENT:
1<"
X
X
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
1<"
X
X
X
First Consideration 2/28/06
Vote for passage: AYES: Champion, Correia, Elliott, 0' Donnell, VAnderhoef,
Wilburn, Bailey. NAYS: None. ABSENT: None.
Second Consideration 3/7/06
Vote for passage: AYES: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef,
Wlburn. NAYS: None. ABSENT: None.
Date published 3/29/06
7.
Prepared by: Brian Boelk, Sf. Civil Engineer, Public Works, City of Iowa City, 410 E. Washington St.,
Iowa City, IA 52240 (319) 356-5437
ORDINANCE NO,
AN ORDINANCE AMENDING TITLE 14 ENTITLED UNIFIED DEVELOPMENT CODE,
CHAPTER 5 "BUILDING AND HOUSING", ARTICLE I GRADING ORDINANCE, TO CREATE
A CONSTRUCTION SITE RUNOFF CONTROL ORDINANCE
WHEREAS, the City of Iowa City has constructed a stormwater infrastructure with discharges into the
Iowa River and the six major creeks; and
WHEREAS, the City stormwater infrastructure carries stormwater runoff either directly or indirectly
from properties within the city to the Iowa River; and
WHEREAS, the Iowa River, the major creeks, and the City's stormwater infrastructure are available for
stormwater and ground water discharges; and
WHEREAS, the City incurs costs to monitor, maintain, replace, and improve its stormwater
infrastructure; and
WHEREAS, the City is now required to enforce a construction site runoff control ordinance on all sites
for which National Pollutant Discharge Elimination System (NPDES) permits are required to otherwise
protect the waters of the Iowa River and the six major creeks; and
WHEREAS, federal law and the City's Municipal Separate Storm Sewer System (MS4) permit require
that the City adopt a Construction Site Runoff Control Ordinance that requires proper soil erosion and
sediment control, addresses waste at construction sites, and requires site plan and pollution prevention
plan review and approval; and
WHEREAS, the City now desires a Construction Site Runoff Control Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. That Tile 14, Chapter 5, Article I of the Code of Ordinances of the City of Iowa City, Iowa is
hereby amended by is hereby amended by:
a. Renumbering Section 14-51-13 to Section 14-51-12.
b. Renumbering Section 14-51-14 to Section 14-51-13.
c. Renumbering Section 14-51-15 to Section 14-51-14
d. Renumbering Section 14-51-12 to Section 14-51-15, and replacing the contents thereof with the
following:
CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
A. Purpose and Intent
1. The National Pollutant Discharge Elimination System (NPDES) permit program administered by the
Iowa Department of Natural Resources (IDNR) requires that agencies meeting certain demographic and
environmental impact criteria obtain from the IDNR an NPDES permit for the discharge of storm water
from a Municipal Separate Storm Sewer System (MS4). The City of Iowa City has been issued such a
permit. The City's MS4 Permit is on file at the office of the City Clerk and is available for public inspection
during regular office hours.
2. The NPDES program requires certain individuals engaged in earth disturbing activities related to
construction on one (1) acre of land or more to submit an application to the IDNR for a NPDES General
Permit #2. The NPDES program and the City's MS4 require the City to adopt an ordinance requiring
proper soil erosion and sediment control on all sites less than one (1) acre if the earth disturbing activities
are part of a larger common plan of development that would disturb one (1) acre or more.
Notwithstanding any provision of this ordinance, every applicant bears final and complete responsibility
for compliance with a State NPDES General Permit #2, a City Construction Site Erosion and Sediment
Control (COSESCO) permit, and any other requirement of state or federal law or administrative rule.
3. As a condition of the City's MS4 Permit, the City is obliged to undertake primary responsibility for
administration and enforcement of the NPDES program by adopting a Construction Site Runoff Control
Ordinance designed to achieve the following objectives:
(a) Any person, firm, sole proprietorship, partnership, corporation, state agency or political subdivision
(applicant) required by law or administrative rule to apply to the IDNR for a NPDES General Permit #2
shall also be required to obtain from the City a COSESCO permit in addition to and not in lieu of the
NPDES General Permit #2; and
2
(b) The City shall have primary responsibility for inspection, monitoring and enforcement procedures to
promote applicants' compliance with State NPDES General Permits #2 and COSESCO permits.
4. No state or federal funds have been made available to assist the City in administering and enforcing
the NPDES program. The City shall fund its application, inspection, monitoring and enforcement
responsibilities entirely by fees imposed on the owners of properties which are made subject to the
Program by virtue of state and federal law, and/or other sources of funding established by a separate
ordinance.
B. Aoolicabilitv
1. All persons required by law or administrative rule to obtain a NPDES General Permit #2 from the
IDNR, and persons who will be conducting any earth disturbing activity on a site less than one (1) acre in
size if the earth disturbing activities are part of a larger common plan of development that would disturb
one (1) acre or more, are required to obtain a COSESCO Permit. Earth disturbing activity means any
activity that results in a movement of earth or a change in the existing soil cover (both vegetative and
nonvegetative) or the existing topography. Earth disturbing activity includes, but is not limited to, clearing,
grading, filling, excavation or addition or replacement of impervious surface.
2. Applications for COSESCO Permits shall be made on forms approved by the City which may be
obtained from the City.
3. An applicant fo[ a COSESCO Permit shall pay fees as follows:
(a) Prior to the issuance of a COSESCO Permit in connection with a building permit on a platted lot,
the applicant shall submit an application permit fee to the Housing and Inspection Services Department in
an amount established by Resolution of the City Council. If more than three (3) inspections are required
by the terms of this ordinance with respect to said permit, the applicant shall bear the cost of such
inspections, which shall be the actual cost of the inspections by the City.
(b) There shall be no permit fee required prior to the issuance of COSESCO permits other than those
issued in connection with building permits on platted lots, but the applicant shall bear the cost of reviews
and inspections required by the terms of this ordinance with respect to said permits, which shall be the
actual cost of the reviews and inspections by the City.
4. An applicant in possession of a NPDES General Permit #2 issued by the IDNR shall immediately
submit to the City full copies of the materials described below as a basis for the City to determine whether
to issue a COSESCO Permit:
(a) applicant's NPDES General Permit #2 Notice of Intent (NOI); and
(b) applicant's plans, specifications and materials in support of applicant's application for the NPDES
General Permit #2; and
(c) a Stormwater Pollution Prevention Plan (SWPPP) prepared in accordance with this ordinance.
5. Every SWPPP submitted to the City in support of an application for a COSESCO Permit shall:
(a) comply with all current minimum mandatory requirements for SWPPPs promulgated by the IDNR in
connection with issuance of a NPDES General Permit #2; and
(b) comply with all mandatory minimum requirements pertaining to the Joint Application Form,
"Protecting Iowa Waters", filed with the IDNR and U.S. Army Corps of Engineers; and
(c) comply with all other applicable local, state or federal permit requirements in existence at the time
of application; and
(d) include within the SWPPP a signed and dated certification by the person preparing the SWPPP
that the SWPPP complies with all requirements of this ordinance.
6. Every SWPPP submitted to the City in support of an application for a COSESCO Permit shall
contain the provisions of the General Permit #2, plus the following additional provisions:
(a) all SWPPPs shall comply with Iowa Statewide Urban Design and Specifications (SUDAS) standard
design criteria as amended; and
(b) assure that stockpiles of soil or other materials subject to erosion by wind or water are covered,
vegetated, or otherwise effectively protected from erosion and sedimentation in accordance with the
amount of time the material will be on site and the manner of its proposed use; no stockpiling is allowed in
the street; and
(c) provide that all temporary erosion and sediment controls shall not be removed until the City has
determined that the site has been permanently stabilized; and
(d) limit potential for damage to sensitive environmental areas such as water bodies, plant
communities, rare, threatened and/or endangered species habitat, wildlife corridors, greenways, etc.; and
(e) provide for design and construction methods to stabilize steep or long continuous slopes; and,
(f) include measures to control sediment, and the quantity and quality of stormwater, leaving a site
during and after construction; and
(g) provide for stabilization of all waterways and outlets; and,
(h) protect storm sewer inlets and infrastructure from sediment loading/plugging; and
--_._._._.~._-_._-----_._-~-_.__.,-_.~---'-------
3
(i) specify precautions to be taken to contain sediment when working in or crossing water bodies; and
(j) account for stabilization of disturbed areas, including utility construction areas, as soon as possible;
and
(k) protect adjacent and outlying roads from sediment and mud from construction site activities,
including tracking; and
(I) provide for disposal of collected sediment and floating debris.
7. Issuance by the City of a COSESCO Permit shall be a condition precedent for the issuance of a
City building permit or site plan approval.
8. For so long as a construction site is subject to a NPDES General Permit #2 or a COSESCO Permit,
the applicant shall provide the City with current information as follows:
(a) The name, address and telephone number of the person on site designated by the owner who is
knowledgeable and experienced in erosion and sediment control and who will oversee compliance with
the NPDES General Permit #2 and the COSESCO Permit;
(b) The name(s), address(es) and telephone number(s) of the contractor(s) and/or subcontractors(s)
that will implement each erosion and sediment control measure identified in the SWPPP.
(c) An on-site location for storage and retrieval of the current SWPPP.
{d) Applicant's failure to provide current information shall constitute a violation of this ordinance.
9. If the applicant for the NPDES General Permit #2 and the COSESCO permit is not the same
individual as the owner/builder on the site, then the applicant has the option to include the owner/builder
as a co-permittee. Co-permittees have the same obligations and responsibilities as the original applicant.
Absent written confirmation of transfer of responsibility signed by both the parties and provided to the city
at the office of the enforcement official, the original applicant remains obligated and responsible for permit
compliance on any parcel of the site, whether the parcel has been sold or not.
10. Upon receipt of an application for a COSESCO Permit, the City shall either find that the
application complies with this ordinance and issue a COSESCO Permit in accordance with this ordinance,
or that the application fails to comply with this ordinance, in which case the City shall provide a written
report identifying non-compliant elements of the application.
C. Insoection
1. All inspections required under this ordinance shall be conducted by a designated person from the
City, hereinafter referred to as the "enforcement officer." .
2. The applicant shall notify the City when all measures required by applicant's SWPPP have been
accomplished on-site, whereupon the City shall conduct an inspection for the purpose of determining
compliance with this ordinance, and shall within a reasonable time thereafter report to the applicant either
that compliance appears to have been achieved, or that compliance has not been achieved, in which
case the City shall provide a written report identifying the conditions of non-compliance. The applicant
shall immediately commence corrective action and shall complete such corrective action within a
timeframe deemed reasonable by the City. Failure to take corrective action in a timely manner shall
constitute a violation of this ordinance.
3. Unless otherwise approved by the City, construction shall not occur on the site at any time when the
City has identified conditions of non-compliance.
4. Unless approved by the City, construction activities undertaken by an applicant prior to resolution of
all discrepancies specified in the written report shall constitute a violation of this ordinance.
5. The City shall not be responsible for the direct or indirect consequences to the applicant or to third-
parties for non-compliant conditions undetected by inspection.
D. MonitorinQ
1. Upon issuance of a COSESCO Permit, the applicant has an absolute duty to monitor site conditions
and to report to the enforcement officer any change of circumstances or site conditions which the
applicant knows or should know pose a risk of stormwater discharge in a manner inconsistent with
applicant's SWPPP, NPDES General Permit #2 and/or COSESCO Permit.
2. Such report shall be made by the applicant to the enforcement officer immediately upon knowledge
of site condition changes, but in any event within twenty-four (24) hours of the change of circumstances
or site conditions.
3. Failure to make a timely report shall constitute a violation of this ordinance.
4. Any third party may also report to the City site conditions which the third party reasonably believes
pose a risk of stormwater discharge in a manner inconsistent with applicant's SWPPP, NPDES General
Permit #2 and/or COSESCO Permit.
5. Upon receiving a report pursuant to the previous subsections, the enforcement officer shall conduct
an inspection of the site as soon as reasonably possible and thereafter may issue a written Stop Work
Order to the applicant, directing the applicant to take no further action with respect to the SWPP, NPDES
General Permit #2 and/or COSESCO Permit, other than corrective action provided for hereinafter. The
~"~------------~~_._"_._--------"--_.~._._--_.._.-
4
enforcement officer shall provide the applicant with a written report identifying the conditions of non-
compliance. The applicant shall immediately commence corrective action and shall complete such
corrective action within a timeframe deemed reasonable by the City. Failure to take corrective action in a
timely manner shall constitute a violation of this ordinance, whereupon the enforcement officer shall
immediately commence enforcement actions specified in SECTION E below.
6. The enforcement officer shall conduct at least one unannounced inspection during the course of
construction to monitor compliance with the NPDES General Permit #2 and the COSESCO Permit. If the
inspection discloses any non-compliance, the enforcement officer shall provide the applicant with a
written report identifying the conditions of non-compliance. The applicant shall immediately commence
corrective action and shall complete such corrective action within a timeframe deemed reasonable by the
City. Failure to take corrective action in a timely manner shall constitute a violation of this ordinance,
whereupon the enforcement officer shall immediately commence enforcement actions specified in Section
E below.
7. The City shall not be responsible for the direct or indirect consequences to the applicant or to third-
parties for non-compliant conditions undetected by inspection.
E. Enforcement
1. Violation of any provision of this ordinance may be enforced by civil action including an action for
injunctive relief.
2. Violation of any provision of this ordinance may also be enforced as a municipal infraction or
environmental infraction within the meaning of !i364.22, pursuant to the City's municipal infraction
ordinance.
G. Aooeals
1. Administrative decisions by City staff and enforcement actions of the enforcement officer may be
appealed by the applicant to the Board of Appeals pursuant to the procedure set forth in Article M of this
Chapter.
SECTION 11. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION 111. 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.
Passed and approved this _ day of
,20_.
MAYOR
ATTEST:
CITY CLERK
rx:; ~VM-
~-;}.;J..-DJ.
City Attorney's Office
Pwenglordlsite runoff. doc
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 3/21/06
Vote for passage: AYES:
Vanderhoef. NAYS: None.
Second Consideration
Vote for passage:
Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell,
ABSENT: NOne.
Date published
1\:.'[
Prepared by: Brian Boelk, Sr. Civil Engineer, Public Works, City of Iowa City, 410 E. Washington St.,
Iowa City, IA 52240 (319) 356-5437
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14 ENTITLED UNIFIED DEVELOPMENT CODE,
CHAPTER 5 "BUILDING AND HOUSING", ARTICLE I GRADING ORDINANCE, TO CREATE
A CONSTRUCTION SITE RUNOFF CONTROL ORDINANCE
WHEREAS, the City of Iowa City has constructed a stormwater infrastru ture with discharges into the
Iowa River and the six m jor creeks; and
WHEREAS, the City tormwater infrastructure carries stormwater ru off either directly or indirectly
from properties within the 'ty to the Iowa River; and
WHEREAS, the Iowa River, the major creeks, and the City's stormwat infrastructure are available for
stormwater and ground water ischarges; and
WHEREAS, the City incu costs to monitor, maintain, repla e, and improve its stormwater
infrastructure; and
WHEREAS, the City is now req ired to enforce a construction sit runoff control ordinance on all sites
for which National Pollutant Discha e Elimination System (NPDE ) permits are required to otherwise
protect the waters of the Iowa River a the six major creeks; and
WHEREAS, federal law and the Cit Municipal Separate Stor Sewer System (MS4) permit require
that the City adopt a Construction Site unoff Control Ordinanc that requires proper soil erosion and
sediment control, addresses waste at con ruction sites, and re uires site plan and pollution prevention
plan review and approval; and
WHEREAS, the City now desires a Constr tion Site Runo Control Ordinance.
NOW, THEREFORE, BE IT ORDAINED B THE CITY OUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. That Tile 14, Chapter 5, Article I of th Code Ordinances of the City of Iowa City, Iowa is
hereby amended by is hereby amended by:
a. Renumbering Section 14-51-13 to Section 14-5
b. Renumbering Section 14-51-14 to Section 14-5 - 3.
c. Renumbering Section 14-51-15 to Section 14- 1-1
d. Renumbering Section 14-51-12 to Section 4-51-1 and replacing the contents thereof with the
following:
CONSTRUCTION SITE EROSION AND SEDIM
A. Puroose and Intent
1. The National Pollutant Discharge Elimin tion System (NP ES) permit program administered by the
Iowa Department of Natural Resources (ID ) requires that age cies meeting certain demographic and
environmental impact criteria obtain from t e IDNR an NPDES p rmit for the discharge of storm water
from a Municipal Separate Storm Sewer ystem (MS4). The City 'Qf Iowa City has been issued such a
permit. The City's MS4 Permit is on file the office of the City Clerkand is available for public inspection
during regular office hours. \
2. The NPDES program requires rtain individuals engaged in e rth disturbing activities related to
construction on one (1) acre of land 0 more, or less than one (1) acre i he earth disturbing activities are
part of a larger common plan of d velopment that would disturb one 1) acre or more, to submit an
application to the IDNR for a NPD General Permit #2. Notwithstanding y provision of this ordinance,
every applicant bears final and omplete responsibility for compliance 'th a State NPDES General
Permit #2, a City Construction Ite Erosion and Sediment Control (COSE CO) permit, and any other
requirement of state or federal I or administrative rule. '.
3. As a condition of the Ci 's MS4 Permit, the City is obliged to undertake\primary responsibility for
administration and enforce nt of the NPDES program by adopting a Construotion Site Runoff Control
Ordinance designed to ach' ve the following objectives: ",
(a) Any person, firm, s e proprietorship, partnership, corporation, state agency oc poiitical subdivision
(applicant) required by w or administrative rule to apply to the IDNR for a NPDES Generai Permit #2
shall also be required 0 obtain from the City a COSESCO permit in addition to and not in lieu of the
NPDES General Permit #2; and
(b) The City shall have primary responsibility for inspection, monitoring and enforcement procedures to
promote applicants' compliance with State NPDES General Permits #2 and COSESCO permits.
2
4. No state or federal funds have been made available to assist the City in administering and enforcing
the NPDES program. The City shall fund its application, inspection, monitoring and enforcement
responsibilities entirely by fees imposed on the owners of properties which are made subject to the
Program by virtue of state and federal law, and/or other sources of funding established by a separate
ordinance.
B. Applicability
1. All persons required b law or administrative rule to obtain a NPDES General Permit #2 from the
IDNR are required to obtain a OSESCO Permit.
2. Applications for caSES Permits shall be made on forms approved by the City which may be
obtained from the City.
3. An applicant for a COSESC Permit shall pay fees as follows:
(a) Prior to the issuance of a C SESCO Permit, the applicant shall submit an app Ication fee in an
amount established by Resolution of e City Council.
(b) In addition to, and not in lieu of e fee for a COSESCO Permit, the Permit Hol r shall also pay to
the City an amount for each required i spection under this Chapter. The fees for nspections shall be
established by Resolution of the City Cou cil.
4. An applicant in possession of a NP ES General Permit #2 issued by the NR shall immediately
submit to the City full copies of the material described below as a basis for the Ity to determine whether
to issue a CaSESCO Permit:
(a) applicant's NPDES General Permit #2 otice of Intent (NOI); and
(b) applicant's plans, specifications and m eriais in support of applica 's application for the NPDES
General Permit #2; and
(c) a Sto~mwater Pollution Prevention Plan (S PPP) prepared in ac ordance with this ordinance.
5. Every SWPPP submitted to the City in supp rt of an application or a CaSESCO Permit shall:
(a) comply with all current minimum mandatory equirements for. WPPPs promulgated by the IDNR in
connection with issuance of a NPDES General Per it #2; and
(b) comply with all mandatory minimum requirem nts perta' Ing to Joint Application Form, "Protecting
Iowa Waters", filed with the IDNR and U.S. Army Co s of E ineers; and
(c) comply with all other applicable local, state or der permit requirements in existence at the time
of application; and
(d) include within the SWPPP a signed and date ertification by the person preparing the SWPPP
that the SWPPP complies with all requirements of thO or inance.
6. Every SWPPP submitted to the City in sport f an application for a COSESCO Permit shall
comply with Iowa Statewide Urban Design and ecificati ns (SUDAS) standard design criteria, including
but not limited to design, location, and ph ed imple ntation of effective, practicable stormwater
pollution prevention measures, and shall als .
(a) identify the nature of the construc' n activity and th potential for sediment and other pollutant
discharges from the site; and
(b) assure that stockpiles of soil 0 other materials subjec to erosion by wind or water are covered,
vegetated, or otherwise effectively rotected from erosion a d sedimentation in accordance with the
amount of time the material will b n site and the manner of its roposed use; no stockpiling is allowed in
the street; and
(c) identify measures and rocedures to reasonably minimiz disturbed soil and provide soil quality
restoration as specified; an
(d) assure that all te orary erosion and sediment controls s all not be removed until the City has
determined that the sit as been permanentiy stabiiized; and
(e) identify metho to prevent sediment damage to adjacent pro erties;
(f) eliminate entia I for damage to sensitive environmental reas such as water bodies, plant
communities, r e, threatened and/or endangered species habitat, wil life corridors, greenways, etc.; and
(g) provi for design and construction methods to stabilize steep long continuous slopes; and,
(h) inc de measures to control the quantity and quality of stormwa r leaving a site before, during and
after c struction; and
(i) provide for stabilization of all waterways and outlets; and,
OJ protect storm sewer inlets and infrastructure from sediment load in plugging; and
(k) specify precautions to be taken to contain sediment when working n or crossing water bodies; and
(I) assure stabilization of disturbed areas, including utility construction reas, as soon as possible; and
(m) protect adjacent and outlying roads from sediment and rruJ.Q, rom construction site activities,
including tracking; and
(n) provide for disposal of collected sediment and floating debris; and
3
7. Issuance by the City of a COSESCO Permit shall be a condition precedent for the issuance of a
City building permit or site plan approval.
8. For so long as a construction site is subject to a NPDES General Permit #2 or a COSESCO Permit,
the applicant shall provide the City with current information as follows:
(a) The name, address and telephone number of the person on site designated by the owner who is
knowledgeable and experienced in erosion and sediment control and who will oversee compliance with
the NPDES General Permit #2 and the COSESCO Permit;
(b) The name(s), a ress(es) and telephone number(s) of the contractor(s) and/or subcontractors(s)
that will implement each osion and sediment control measure identified in the SWPPP.
(c) An on-site location fo storage and retrieval of the current SWPPP.
(d) Applicant's failure to pr vide current information shall constitute a violation f this ordinance.
9. Developers can transfer PDES General Permit #2 responsibility to home uilders, new lot owners,
contractors and subcontractors. ansferees must agree to the transfer in writi g, must agree to fulfill all
obligations of the SWPPP and t NPDES General Permit #2. Absent s h written confirmation of
transfer of obligations, the develope emains responsible for compliance on ny lot that has been sold. A
developer shall notify the City of any pplication to the DNR for release of any property from a General
Permit #2 pursuant to 567 lAC 64.6(b) any similar successor provision.
10. Upon receipt of an application for a COSESCO Permit, th City shall either find that the
application complies with this ordinance an Issue a COSESCO Permit' accordance with this ordinance,
or that the application fails to comply with t is ordinance, in which c se the City shall provide a written
report identifying non-compliant elements of t application.
C. Insoection
1. All inspections required under this ordinan e shall be con cted by a designated person from the
City, hereinafter referred to as the "enforcement 0 'cer."
2. The applicant shall notify the City when all easures quired by applicant's SWPPP have been
accomplished on-site, whereupon the City shall co uct a inspection for the purpose of determining
compliance with this ordinance, and shall within areas na e time thereafter report to the applicant either
that compliance appears to have been achieved, or t compliance has not been achieved, in which
case the City shall provide a written report identifying e conditions of non-compliance. The applicant
shall immediately commence corrective action and s all omplete such corrective action within twenty-
four hours of receiving the City's written report. For od c se shown, the City may extend the deadline
for taking corrective action. Failure to take correcti action i a timely manner shall constitute a violation
of this ordinance.
3. Construction shall not occur on the site a any time whe the City has identified conditions of non-
compliance.
4. Construction activities undertaken by a applicant prior to r olution of all discrepancies specified in
the written report shall constitute a violatio of this ordinance.
5. The City shall not be responsible f the direct or indirect con quences to the applicant or to third-
parties for non-compliant conditions un tected by inspection.
D. Monitorina
1. Upon issuance of a COSESC Permit, the applicant has an abso te duty to monitor site conditions
and to report to the enforceme 'officer any change of circumstanc s or site conditions which the
applicant knows or should kn pose a risk of stormwater discharge in a manner inconsistent with
applicant's SWPPP, NPDES neral Permit #2 and/or COSESCO Permit.
2. Such report shall be m de by the applicant to the enforcement officer 'mmediately upon knowledge
of site condition changes, ut in any event within twenty-four (24) hours of e change of circumstances
or site conditions.
3. Failure to make a mely report shall constitute a violation of this ordinanc
4. Any third party ay also report to the City site conditions which the third arty reasonably believes
pose a risk of stor ater discharge in a manner inconsistent with applicant's S PPP, NPDES General
Permit #2 and/or OSESCO Permit.
5. Upon rec ing a report pursuant to the previous subsections, the enforceme officer shall conduct
an inspectio of the site as soon as reasonably possible and thereafter may issue written Stop Work
Order to th applicant, directing the applicant to take no further action with respect to e SWPP, NPDES
General ermit #2 and/or COSESCO Permit, other than corrective action provided fo hereinafter. The
enforc ent officer shall provide the applicant with a written report identifying the c nditions of non-
compliance. The applicant shall immediately commence corrective action and shall complete such
corrective action within twenty-four hours of receiving the City's written report. For good cause shown, the
City may extend the deadline for completing corrective action. Failure to take corrective action in a timely
4
manner shall constitute a violation of this ordinance, whereupon the enforcement officer shall immediately
commence enforcement actions specified in SECTION E below.
6. Unless a report is made to the enforcement officer pursuant to the previous subsections, the
enforcement officer shall conduct at least one unannounced inspection during the course of construction
to monitor compliance with the NPOES General Permit #2 and the COSESCO Permit. If the inspection
discloses any non- mpliance, the enforcement officer shall provide the applicant with a written report
identifying the conditio of non-compliance. The appiicant shall immediately commence corrective action
and shall complete sue corrective action within twenty-four (24) hours of receiving t City's written
report. For good cause sho n, the City may extend the deadline for completing correctiv action. Failure
to take corrective action in a 'mely manner shall constitute a violation of this ordinan ,whereupon the
enforcement officer shall imme . teiy commence enforcement actions specified in Se Ion E below.
7. The City shall not be respo ibie for the direct or indirect consequences to the pplicant or to third-
parties for non-compliant conditions ndetected by inspection.
E. Enforcement
1. Violation of any provision of this including an action for
injunctive relief.
2. Violation of any provision of this or . ance may also be enforced s a municipal infraction or
environmental infraction within the meaning f ~364.22, pursuant to t City's municipal infraction
ordinance.
F. Bond or Securitv
1. Along with the application for a COSESCO P it, the applicant hall post security for compiiance
with all requirements imposed by the NPOES General ermit #2 and e COSESCO Permit in the form of
cash escrow, certificate of deposit, performance bond 0 an irrevoc Ie letter of credit in order to assure
that the work will be compieted in accordance with the ermit as well as necessary remedial work
resulting from violation of any provision of this ordinance in n ount equal to one hundred ten percent
(110%) of the work, but in no event shall the required amou xceed ten thousand dollars ($10,000) or
the cash equivalent.
2. The application form signed by the applicant for a CO Permit shall include the following
commitment by the applicant: "In addition to the perfor nee s urity posted with this application, the
undersigned applicant hereby agrees to defend, inde ify and ho the City harmless from any and all
claims, damages or suits arising directly or indirectly, out of any ac of commission or omission by the
applicant, or any employee, agent, assign or contr tor or subcontra or of the applicant, in connection
with applicant's NPOES General Permit #2 and/or OSESCO Permit.
G. Aooeals
1. Administrative decisions by City staff an enforcement actions of th enforcement officer may be
appealed by the applicant to the Board of Ap eals pursuant to the procedur set forth in Article M of this
Chapter.
SECTION II. REPEALER. All ordinances nd parts of ordinances in conflict ith the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any ction, provision or part of the Ordinance
invalid or unconstitutional, such adj ication shall not affect the validity of the Or 'nance as a whole or
any section, provision or part there not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE OAT . This Ordinance shall be in effect after its finai pa
publication.
ATTEST:
day of
,20_.
Passed and approved this
MAYOR
Approved by
/llca/q~ ~;?C/
City Attorney's Office
Pweng/ord/site runoff. doc
'1
Prepared by: Brian Boelk, Sr. Civil Engineer, Public Works, City of Iowa City, 410 E. Washington St.,
Iowa City, IA 52240 (319) 356-5437
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14 ENTITLED UNIFIED DEVELOPMENT CODE,
CHAPTER 5 "BU DING AND HOUSING", ARTICLE I GRADING ORDINANCE, TO CREATE
A CONSTRUCTI N SITE RUNOFF CONTROL ORDINANCE
WHEREAS, the City of wa City has constructed a stormwater infrastructure with discharges into the
Iowa River and the six majo creeks; and
WHEREAS, the City sto water infrastructure carries stormwater runoff either direcliy or indirectly
from properties within the city the Iowa River; and
WHEREAS, the Iowa River, th major creeks, and the City's stormwater infrastructure are available for
stormwater and ground water di harges; and
WHEREAS, the City incurs costs to monitor, maintain, replace, and improve its ~tormwater
infrastructure; and /
WHEREAS, the City is now requ ed to enforce a construction site runoff control ordinan on ail sites
for which National Poilutant Dischar e Elimination System (NPDES) permits are requir to otherwise
protect the waters of the Iowa River a the six major creeks; and
WHEREAS, federai law and the Cit 's Municipal Separate Storm Sewer System ( 4) permit require
that the City adopt a Construction Site unoff Control Ordinance that requires pr er soil erosion and
sediment control, addresses waste at co struction sites, and requires site plan d poilution prevention
plan review and approval; and
WHEREAS, the City now desires a Cons uction Site Runoff Controi Ordi nce.
NOW, THEREFORE, BE IT ORDAINED Y THE CITY COUNCIL 0 THE CITY OF IOWA CITY,
IOWA:
SECTION I. That Tile 14, Chapter 5, Article I 0 the Code of Ordina s of the City of Iowa City, Iowa is
hereby amended by is hereby amended by:
a. Renumbering Section 14-51-13 to Section
b. Renumbering Section 14-51-14 to Section 1 51-13.
c. Renumbering Section 14-51-15 to Section 14- 1-1
d. Renumbering Section 14-51-12 to Section 14- -15, and repiacing the contents thereof with the
foil owing:
CONSTRUCTION SITE EROSION AND SEDIME
A. Purpose and Intent
1. The Nationai Poilutant Discharge Elimi
Iowa Department of Natural Resources (ID ) requires tha agencies meeting certain demographic and
environmental impact criteria obtain fro he IDNR an NPD S permit for the discharge of storm water
from a Municipal Separate Storm Sew System (MS4). The ity of Iowa City has been issued such a
permit. The City's MS4 Permit is on f at the office of the City ierk and is available for public inspection
during regular office hours.
2. The NPDES program requi s certain individuais engage in earth disturbing activities related to
construction on one (1) acre of nd or more to submit an applica n to the IDNR for a NPDES General
Permit #2. The NPDES pro m and the City's MS4 require the ity to adopt an ordinance requiring
proper soil erosion and sedi ent control on ali sites less than one (1 acre if the earth disturbing activities
are part of a larger c mon plan of development that woul disturb one (1) acre or more.
Notwithstanding any pro Ision of this ordinance, every applicant bear final and complete responsibility
for compliance with a tate NPDES General Permit #2, a City Constr tion Site Erosion and Sediment
Control (COSESCO) ermit, and any other requirement of state or federa aw or administrative rule.
3. As a conditio of the City's MS4 Permit, the City is obiiged to unde ake primary responsibility for
administration an enforcement of the NPDES program by adopting a Construction Site Runoff Controi
Ordinance desig ed to achieve the foliowing objectives:
(a) Any per n, firm, sole proprietorship, partnership, corporation, state agency or political subdivision
(applicant) re~uired by law or administrative rule to apply to the IDNR for a NPDES General Permit #2
shali also bl required to obtain from the City a COSESCO permit in addition to and not in lieu of the
NPDES General Permit #2; and
2
(b) The City shall have primary responsibility for inspection, monitoring and enforcement procedures to
promote applicants' compliance with State NPDES General Permits #2 and COSESCO permits.
4. No state or federal funds have been made available to assist the City in administering and enforcing
the NPDES program. The City shall fund its application, inspection, monitoring and enforcement
responsibiiities entirely by fees imposed on the owners of properties which are made subject to the
Program by virtue of state and federal iaw, . and/or other sources of funding established by a separate
ordinance.
B. Applicability
1. All persons required by law or a . istrative rule to obtain a NPDES Gene /1 Permit #2 from the
IDNR, and persons who will be condu 'ng any earth disturbing activity on a site ss than one (1) acre in
size if the earth disturbing activities a part of a larger common plan of deve pment that would disturb
one (1) acre or more, are required to btain a COSESCO Permit. Earth . turbing activity means any
activity that results in a movement of arth or a change in the existing II cover (both vegetative and
nonvegetative) or the existing topograph . Earth disturbing activity inclu s, but is not limited to, clearing,
grading, filling, excavation or addition or r lacement of impervious su ceo
2. Applications for COSESCO Permits shall be made on forms pproved by the City which may be
obtained from the City.
3. An applicant for a COSESCO Permit s all pay fees as foil s:
(a) Prior to the issuance of a COSESCO ermit in conne ion with a building permit on a platted lot,
the applicant shall submit an application perml fee to the H sing and Inspection Services Department in
an amount established by Resoiution of the Cit Council. If more than three (3) inspections are required
by the terms of this ordinance with respect t said rmit, the appiicant shall bear the cost of such
inspections, which shall be the actual cost of the sp tions by the City.
(b) There shall be no permit fee required prior the issuance of COSESCO permits other than those
issued in connection with building permits on pia d lots, but the appiicant shall bear the cost of reviews
and inspections required by the terms of this di nce with respect to said permits, which shall be the
actual cost of the reviews and inspections by e Cit .
4. An applicant in possession of a NP S Gene al Permit #2 issued by the IDNR shall immediately
submit to the City full copies of the materi s describe below as a basis for the City to determine whether
to issue a COSESCO Permit:
(a) applicant's NPDES General Pe it #2 Notice of tent (NOI); and
(b) applicant's plans, specificatio s and materials in support of applicant's application for the NPDES
General Permit #2; and
(c) a Stormwater Pollution Pr ention Plan (SWPPP) repared in accordance with this ordinance.
5. Every SWPPP submitted 0 the City in support of a application for a COSESCO Permit shall:
(a) comply with all currenyt'ninimum mandatory require ents for SWPPPs promulgated by the IDNR in
connection with issuance oYa NPDES General Permit #2; nd
(b) comply with all andatory minimum requiremen s pertaining to the Joint Application Form,
"Protecting Iowa Waters' , filed with the IDNR and U.S. Ar Corps of Engineers; and
(c) comply with all her applicable iocal, state or federa permit requirements in existence at the time
of application; and
(d) include withi the SWPPP a signed and dated certi cation by the person preparing the SWPPP
that the SWPPP c mplies with all requirements of this ordina ceo
6. Every S PP submitted to the City in support of a application for a COSESCO Permit shall
contain the pro slons of the General Permit #2, plus the folio ing additional provisions:
(a) all SWP Ps shall comply with Iowa Statewide Urban D sign and Specifications (SUDAS) standard
design criteri as amended; and
(b) assu that stockpiles of soil or other materials subject to erosion by wind or water are covered,
vegetated or otherwise effectively protected from erosion a d sedimentation in accordance with the
amount time the material will be on site and the manner of its roposed use; no stockpiling is allowed in
the stre ; and
(c) ssure that all temporary erosion and sediment controls hall not be removed until the City has
deter ined that the site has been permanently stabilized; and
(d limit potential for damage to sensitive environmental areas such as water bodies, piant
co unities, rare, threatened and/or endangered species habitat, ildlife corridors, greenways, etc.; and
e) provide for design and construction methods to stabilize stee or long continuous slopes; and,
f) include measures to control sediment, and the quantity and uality of stormwater, ieaving a site
during and after construction; and \
(g) provide for stabilization of all waterways and outlets; and,
(h) protect storm sewer inlets and infrastructure from sediment loading/plugging; and
3
(i) specify precautions to be taken to contain sediment when working in or crossing water bodies; and
UJ account for stabilization of disturbed areas, including utility construction areas, as soon as possible;
and ~- ,
(k) protect adjacent and outlying roads from sedimen .-arramud from construction site activities,
including tracking; and
(I) provide for disposal of coilected sediment an oating debris.
7. Issuance by the City of a COSESCO Pe it shall be a condition precedent for t issuance of a
City building permit or site plan approval.
8. For so long as a construction site is s ject to a NPDES General Permit #2 or a OSESCO Permit,
the applicant shall provide the City with cur ent information as follows:
(a) The name, address and telephon number of the person on site designate by the owner who is
knowledgeable and experienced in eros' n and sediment control and who will ersee compliance with
the NPDES General Permit #2 and the OSESCO Permit;
(b) The name(s), address(es) and t lephone number(s) of the contractor ) and/or subcontractors(s)
that will implement each erosion and s iment control measure identified in e SWPPP.
(c) An on-site location for storage a retrieval of the current SWPPP.
(d) Applicant's failure to provide curr nt information shall constitute iolation of this ordinance.
9. If the applicant for the NPDES General Permit #2 and the OSESCO permit is not the same
individual as the owner/builder on the 'te, then the applicant has e option to include the owner/builder
as a co-permittee. Co-permittees have e same obligations an esponsibillties as the original applicant.
Absent written confirmation of transfer 0 responsibiiity signed y both the parties and provided to the city
at the office of the enforcement official, t e original applican emains obligated and responsible for permit
compliance on any parcel of the site, wh ther the parcel s been sold or not.
10. Upon receipt of an application for a COS CO Permit, the City shall either find that the
application complies with this ordinance a d Issue a SESCO Permit in accordance with this ordinance,
or that the appiication fails to comply wit this orcjAnance, in which case the City shall provide a written
report identifying non-compliant elements the }lppllcation.
C. Inspection /
1. All inspections required under this or . ance shall be conducted by a designated person from the
City, hereinafter referred to as the "enforc~ nt officer."
2. The applicant shall notify the Ci~A,yh all measures required by applicant's SWPPP have been
accomplished on-site, whereupon the City s all conduct an inspection for the purpose of determining
compliance with this ordinance, and,shall withi a reasonable time thereafter report to the applicant either
that compliance appears to have 1Jeen achie d, or that compliance has not been achieved, in which
case the City shall provide a v.:./tten report id tifying the conditions of non-compliance. The applicant
shall immediately commencEl/ corrective actio and shall complete such corrective action within a
timeframe deemed reasona,tl1e by the City. Fa ure to take corrective action in a timely manner shall
constitute a violation of this/ordinance.
3. Construction shall n'ot occur on the site at a y time when the City has identified conditions of non-
compliance. I
4. Construction agtlvities undertaken by an appli ant prior to resolution of all discrepancies specified in
the written report s\)81l constitute a violation of this 0 inance.
5. The City shj1f1 not be responsible for the direct r indirect consequences to the applicant or to third-
parties for non-c,Dmpllant conditions undetected by in ection.
D. Monitorino /
1. Upon i~uance of a COSESCO Permit, the appll nt has an absolute duty to monitor site conditions
and to repprt to the enforcement officer any chang of circumstances or site conditions which the
applicant !nows or should know pose a risk of sto water discharge in a manner inconsistent with
appllcanYs SWPPP, NPDES General Permit #2 and/or C SESCO Permit.
2. Sjlch report shall be made by the applicant to the e forcement officer immediately upon knowledge
of sit condition changes, but in any event within twenty- ur (24) hours of the change of circumstances
or si conditions.
. Failure to make a timely report shall constitute a violatl n of this ordinance.
'I. Any third party may also report to the City site conditi ns which the third party reasonably believes
se a risk of stormwater discharge in a manner inconsistent with applicant's SWPPP, NPDES General
it #2 and/or COSESCO Permit.
5. Upon receiving a report pursuant to the previous subsections, the enforcement officer shall conduct
an inspection of the site as soon as reasonably possible and thereafter may issue a written Stop Work
Order to the applicant, directing the applicant to take no further action with respect to the SWPP, NPDES
General Permit #2 and/or COSESCO Permit, other than corrective action provided for hereinafter. The
4
enforcement officer shall provide the applicant with a written reRQ[! identifying the conditions of non-
compliance. The applicant shall immediately coml]lencecorrectlve action and shall 'complete such
corrective action within a timeframe deemed re nable by the City. Failure to take corr ctive action in a
timely manner shall constitute a violation this ordinance, whereupon the enforce ent officer shall
immediately commence enforcement actio s specified in SECTION E below.
6. The enforcement officer shall cond ct at least one unannounced inspection uring the course of
construction to monitor compliance with t e NPDES General Permit #2 and the C SESCO Permit. If the
inspection discloses any non-complianc , the enforcement officer shall provo e the applicant with a
written report identifying the conditions f non-compliance. The applicant s II immediately commence
corrective action and shall complete such corrective action within a timefra deemed reasonable by the
City. Failure to take corrective action in a timely manner shall constitu a violation of this ordinance,
whereupon the enforcement officer shall i mediately commence enforc ent actions specified in Section
E below.
7. The City shall not be responsible for the direct or indirect co equences to the applicant or to third-
parties for non-compliant conditions undet cted by inspection.
E. Enforcement
1. Vioiation of any provision of this ordi ance may be e reed by civil action inciuding an action for
injunctive relief.
2. Violation of any provision of this or 'nance ma~lso be enforced as a municipal infraction or
environmental infraction within the meanin of 93~22, pursuant to the City's municipal infraction
ordinance. /
G. Aooeals /
1. Administrative decisions by City staff a inforcement actions of the enforcement officer may be
appealed by the applicant to the Board of App Is pursuant to the procedure set forth in Article M of this
Chapter. /
SECTION II. REPEALER. All ordinances and p rts of ordinances in confiict with the provisions of this
Ordinance are hereby repealed. /
SECTION III. SEVERABILITY. If any s\l6tion, pro is ion or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall ot affect the validity of the Ordinance as a whole or
any section, provision or part thereovhot adjudged i valid or unconstitutional.
SECTION IV. EFFECTIVE DATE.,This Ordinance s all be in effect after its final passage, approval and
publication. /
CITY CLERK
,20_.
Passed and approved this ----L- day of
I
MAYOR
ATTEST:
Approved by .,/ j ~
;t(~/ 0- L,
City Attorney's Office
Pweng/Ord/si.~ runoff.doc
/
j
M*d \ ~
Prepared by: Joe Fowler, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5156
ORDINANCE NO. 06-4199
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 PARKING
FEES AND INCREASE MONTHLY PARKING
PERMIT FEES.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. Section 3-4-8: Title 3, Chapter
4, Subsection 8, Parking Violations of the Iowa
City Code of Ordinances should be and is hereby
amended by repealing Section 3-4-8, relating to
parking ramps, parking meter fees, and fees for
City parking lots, and enacting in lieu thereof a
new Subsection 3-4-8 to be codified and to read
as follows:
Description Of Fee,
Charge, Bond, Fine Or
Penalty
Parking ramps:
Hourly parker (Tower
Place), per hour
Hourly parker (Ramp A),
per hour
Hourly parker (Ramp B),
per hour
Hourly parker (Chauncey
Swan), per hour
Hourly parker (Court SI.
Transportation Ctr.), per
hour
Monthly all-day permits
(Ramp A and Tower
Place), per month
Monthly all-day permits-
(Ramp B), per month
Monthly all-day permits -
(Chauncey Swan &
Court Street), per month
Monthly all-day permits-
(Tower Place-secured),
per month
Monthly all-day permits -
(Advance payment -
Ramp A & Tower Place),
per year
Monthly all-day permits-
(Advance payment -
Amount of Fee,
Charge, Bond,
Fine or Penalty
$0.75
0.75
0.75
0.60
0.60
75.00
65.00
60.00
80.00
855.00
741.00
Ordinance No. nh "1 DC
Page 2
Ramp B), per year
Monthly all-day permits -
(Advance payment -
Chauncey Swan & Court
SI.), per year
Monthly all-day permits -
(Advance payment -
Tower Place - secured),
per year
Ramp A is the Capitol
Street parking ramp,
while Ramp B is the
Dubuque Street parking
ramp.
Reissue of ramp monthly
permit exit card, each
reissue
Reissue of all other
permits, each reissue
Penalties for parking
violations:
Overtime parking
Expired meter
Prohibited zone
Illegal parking -
handicapped parking
space
One hour restricted
zone, City Hall lot
All other illegal parking
violations
Increases:
30 days after issue,
overtime and expired
meter ticket fees shall
increase to
30 days after issue, all
illegal parking fees,
except handicapped,
expired meter and
overtime shall increase
to
Fee for contractor
reservation of space, per
day
Parking meter fees:
(except as otherwise
noted)
Central business district
on-street meter, per hour
Central business district
lot meter, per hour
Peripheral on-street
meter, (outside central
business district), per
hour
627.00
912.00
25.00
2.00
5.00
5.00
10.00
100.00
or as stated in
the Code of Iowa,
as amended
5.00
10.00
10.00
15.00
10.00
0.75
0.75
0.50
100-500 block of North
Clinton Street, per hour
100-300 block of East
Jefferson Street, per
hour
100 block of East Market
Street, per hour
100 block of North Linn
Street, per hour
400 block of Iowa
Avenue, per hour
Peripheral lot meter,
(outside central business
district), per hour
Fees for parking in City
parking lots:
Monthly all day permits,
per month
Monthly all day permits
(annual advance
payment), per year
Monthly off hour permits
(after 5:00 P.M., Monday
through Friday, all day
Saturday and Sunday), per
month - all City surface
lots
City employee monthly all- Half price
day permits, per month
SECTION II. REPEALER. All ordinances
and parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any
section, provision or part of the Ordinance shall
be adjudged to be invalid or unconstitutional,
such adjudication shall not affect the validity of
the Ordinance as a whole or any section,
provision or part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE. This
ordinance shall be in effect on July 1, 2006.
Ordinance No. 01;-/,1 QQ
Page 3
0.75
0.75
0.75
0.75
0.75
0.50
60.00
684.00
54.00
day of
Passed and approved this .2.Ls.t.
, 20A4t-.
~l ( j-~
MAYOR 7h~. ~ ~
ATTESTcii~ .. dM.J
M::lT{"n
Apprpved by
./2
City Attorney's Office
-
parkinglordlfeeina02..Q6,doc
');{i/or.
Ordinance No. 06-4199
Page -.!L
It was moved by ChamDion and seconded by Vanderhoef
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
x
x
X
X
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration ? I?f>.ln~
Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott,
O'Donnell. NAYS: None. ABSENT: None.
Second Consideration 3/7/06
Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Correia. NAYS: None. ABSENT: None.
Date published 3/79/06
TO:
FROM:
DATE:
RE:
City of Iowa City
MEMORANDUM
~
Steve Atkins, City Manager
Chris O'Brien, Parking Manager
March 15, 2006
Council Request
At the February 28, 2006 City Council Meeting, Joe and I were directed by
City Council to assess the impact on the Parking Division by charging our
customers every fifteen minutes rather than the current rate structure. This would
involve a prorated rate that would increase at :15, :30, :45 and :00 of every hour.
Currently we charge for the full hour after our five minute grace period has passed.
The process to obtain this information involved looking through one weeks
worth of transactions and separating the tickets by value. The next step involved
dividing those tickets into fifteen minute intervals for each charged amount We
then counted the tickets and determined the decrease in revenue for each interval
of fifteen minutes. This amount was then noted and projected out over a twelve
month period. This process was repeated for each charge amount, $1.20, $1.80,
$2.40, etc. We then repeated the process for each garage. This process took 76
man hours to complete.
After gathering the necessary data to show the impact we found that 81 % of
our transactions would see a loss in revenue if we were to change the rate
structure. This resulted in a difference of nearly $222,000.00 from our cash
transactions alone. Taking into account all of our validations which include Park &
Shop, Senior Center, University of Iowa, Library and Sheraton Hotel, this would
result in an additional decrease in expected revenues of $58,000.00. In addition,
we estimated a decrease in revenue on our debit card usage by $25,000.00. This
results in a total decrease in revenue in the amount of $305,000.00. Our projected
budget amount for hourly parking in Capitol Street, Dubuque Street and Tower
Place is $1,881,000. The decrease in revenue of $305,000.00 represents over
16% of our budgeted revenues for hourly parking.
Please contact me if you have any questions or need additional information.
Cc: Joe Fowler
~\S-
Prepared by: Susan Dulek, Ass!. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 5,
ENTITLED "MISCELLANEOUS OFFENSES," BY ADDING A NEW SECTION 8, ENTITLED
"ENGINE BRAKING" TO PROHIBIT THE USE OF ENGINE BRAKING EXCEPT IN AN
EMERGENCY SITUATION.
WHEREAS, engine braking causes an unreasonably loud or raucous noise; and
WHEREAS, it is in the best interest of the City to prohibit engine braking except in emergency'
situations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 8, entitled "Police Regulations, Chapter 5 entitled "Miscellaneous Offenses," is hereby
amended by adding a new Section 8, entitled "Engine Braking" as fOllows:
No person shall use an engine brake while operating a motor vehicle except in an emergency situation.
"Engine brake" means the use or operation of any mechanical exhaust device designed to aid in the
braking, decompression, or deceleration of any motor vehicle which resulls in the unreasonably loud,
raucous, unusual, or explosive noise from such vehicle. "Emergency situation" means one in which there is
imminent danger to property, persons, and/or animals.
Section 11. VIOLATION. Any violation of this ordinance shall be considered a simple misdemeanor
punishable by a $50.00 fine.
SECTION 111. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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 after its final passage, approval and
publication, as provided by law.
Passed and approved this _ day of , 2006.
MAYOR
ATTEST:
CITY CLERK
A~~~
'3 ~;;..I- () ~
City Attorney's Office
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration
Vote for passage:
Vanderhoef. NAYS:
Second Consideration
Vote for passage:
3/21/06
AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell,
None. ABSENT: None.
Date published
,
03-21-06
15
I
Prepared by: Susan DUlek, Ass!. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
'''....
ORDINANCE AMEND G
ENTITLED "MISCELLAN
"ENGINE BRAKING" TO
EMERGENCY SITUATION.
ORDINANCE NO.
WHEREAS, engine braking causes a unreasonably loud or raucous noise;
WHEREAS, it is in the best interest
situations.
NOW, THEREFORE, BE IT ORDAINED BY F THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 8, entitled "Police Regulations, Chapt itled "Miscellaneous Offenses," is hereby
amended by adding a new Section 8, entitled "Engine ing" as follows:
No person shall use an engine brake while op ing a otor vehicle except in an emergency situation.
"Engine brake" means the use or operation any mecha . al exhaust device designed to aid in the
braking, decompression, or deceleratio any motor vehicle hich results in the unreasonably loud,
raucous, unusual, or explosive noise m such vehicle. "Emergen situation" means one in which there is
imminent danger of a collision w' property, persons, and/or animals r is necessary for the health, safety,
and welfare of the communi
Section II. VIOLA T . Any violation of this ordinance shall be co sidered a simple misdemeanor
punishable by a $50 fine.
SECTION II EPEALER. All ordinances and parts of ordinances in con . t with the provision of this
Ordinance ar ereby repealed.
SEC N IV. SEVERABILITY. If any section, provision or part of the Ordinance hall be adjudged to be
invali r unconstitutional, such adjudication shall not affect the validity of the Ordina e as a whole or any
s lon, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passa ,approval and
publication, as provided by law.
Passed and approved this _ day of , 2006.
TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 5
US OFFENSES," BY ADDING A NEW SECTION 8, ENTI
OHIBIT THE USE OF ENGINE BRAKING EXCEP
MAYOR
ATTEST:
CITY CLERK
Appr~ by ~"--
~~ )-llf-(:k.,
City Attorney's Office
ClW
Prepared by: Marian Karr, City Clerk, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041
ORDINANCE NO.
AN ORDINANCE TO ADOPT THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY,
IOWA, 2006, AKA "CITY CODE."
WHEREAS, Section 380.8 of the Code of Iowa, 2005, requires that at least once every five
years a city shall adopt a code of ordinances; and,
WHEREAS, on February 6, 2001 the City Council adopted the City Code of Iowa City, Iowa;
and,
WHEREAS, the City of Iowa City adds new ordinances and amendments upon passage by
supplementation to the City Code itself; and,
WHEREAS, if a proposed code of ordinances contains only existing ordinances which have
been edited and compiled without substantive changes, the council may adopt such code
without notice of public hearing; and,
WHEREAS, it is now appropriate to adopt a code of compiled and existing ordinances
under the statute, without any substantive changes proposed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. From and after the date of passage of this Ordinance, the City Code of the
City of Iowa City, Iowa, prepared by Sterling Codifiers, Inc., containing compilation of all
ordinances of a general nature together with the changes made to said ordinances, under the
direction of the governing body of the City, shall be accepted in all courts without question as
the Official Code and Law of the City as enacted by the City Council, and shall hereafter be
referred to as "The City Code".
SECTION II. It is hereby adopted, as a method of perpetual codification, the loose-leaf type
of binding together with the continuous supplement service, provided by Sterling Codifiers, Inc.,
whereby each newly adopted ordinance of a general and permanent nature amending, altering,
adding or deleting provisions of the official City Code is identified by the proper catchline and is
inserted in the proper place in each of the official copies, a copy of which shall be maintained in
the office of the City Clerk, certified as to correctness and available for inspection at any and all
times that said office is regularly open.
SECTION III. It shall be unlawful for any person, firm or corporation to change or amend,
by additions or deletions, any part or portion of the City Code, or to insert or delete pages or
portions thereof, or to alter or tamper with the City Code in any manner to cause the law of the
City to be misrepresented.
Ordinance No.
Page 2
SECTION IV. All ordinances or parts of ordinances in conflict herewith, are, to the extent of
such conflict, hereby repealed.
SECTION V. A code of ordinances, containing only the current and existing ordinances
edited and compiled without change in substance, shall be and hereby is adopted as the City
Code, 2006.
Passed and approved this _ day of
,2006.
MAYOR
ATTEST:
CITY CLERK
t!l:7. ~
City Attorney's Office
g r f r V/,
c1er1<1Clfd1dlycode.doc
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted. and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 3/21/ 06
Vote for passage: AYES: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef,
Wilburn. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: Susan Dulek, Assl. City Attorney, 410 E. Washington SI., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 12 OF THE CITY CODE, ENTITLED "FRANCHISES," CHAPTER 4,
ENTITLED "CABLE TELEVISION," SECTION 13, ENTITLED "FRANCHISE PAYMENTS" TO ALLOW
FOR ADDITIONAL USES OF THE ANNUAL FRANCHISE PAYMENT,
WHEREAS, the cable franchise enabling ordinance requires a cable franchisee to make certain
payments to the City including an annual franchise payment that is based on gross revenue; and
WHEREAS, it is in the City's best interest to allow for additional uses of the annual franchise
payment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS. Title 12, entitled "Franchises," Chapter 4, entitled "Cable Television,"
Section 13, entitled "Franchise Payments," Paragraph C, entitled "Annual Franchise Payment" is hereby
amended by deleting the first sentence in its entirety and by substituting in its place the following new
sentence:
Grantees of a franchise hereunder shall pay to the city an annual fee in an amount equal to five
percent (5%) of the "annual gross revenues", as defined herein, in lieu of all other city permits and
fees, to be utilized in part by the city to offset its cable television related regulatory and administrative
costs and to maximize awareness and use of the public, education, and governmental access and
institutional network capacity.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a
municipal infraction or a simple misdemeanor.
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 after its final passage, approval and
publication, as provided by law.
Passed and approved this _ day of
,2006.
MAYOR
ATTEST:
CITY CLERK
Approved by
~~ )-(-G\..
City Attorney's Office
h
,
-
Ordinance No.
Page ~
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
First Consideration 3/7/06
Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia,
Elliott. NAYS: None. ABSENT: None.
Second Consideration 3/21 /06
Vote for passage: AYES: Bailey , Champion ,Correia , Elliott, O'Donnell, Vanderhoef,
Wilburn. NAYS: N~ne. ABSENT: N~ne.
Date published