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Home My WebLink About2006-04-18 Ordinance "'^~ ~ Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ06-00004) ORDINANCE NO. 06-4203 AN ORDINANCE REZONING APPROXIMATELY ONE (1) ACRE FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL ZONE (RS-5) TO PLANNED DEVELOPMENT OVERLAY ZONE (OPD-5) WITH A SENSITIVE AREAS DEVELOPMENT PLAN, FOR THE PROPERTY LOCATED ON DUBUQUE ROAD AND NORTH DODGE STREET (REZ06-00004). WHEREAS, Three Bulls, LLC has applied for a rezoning of approximately one (1) acre of property from RS-5 to OPD-5, to allow a planned development with five townhouse-condominium units the construction; and WHEREAS, said property is located on Dubuque Road and North Dodge Street; and WHEREAS, the South District Plan identifies the area as appropriate for single-family/duplex residential type development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed planned development and has heard public input, and WHEREAS, the Commission found that the design of the project, in terms of clustering the units, minimization of disturbance of the sensitive areas, architectural articulation and use of a combination of stone fiber cement board siding with shingle style accents, is in compliance with the standards specified in the Code and therefore has recommended approval subject to staff approval of a landscape plan and legal papers; and WHEREAS, the conditions recommended by the Commission are related to providing landscaping along North Dodge Street, in order to ensure that there is adequate buffer for the townhouses. 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 Low Density Single- Family Residential Zone (RS-5) to Planned Development Overlay Zone (OPD-5) and the associated Preliminary Sensitive Areas Development Plan is approved: COMMENCING AT AN IRON PIPE ALONG SIDE A STONE, SAID STONE BEING SHOWN ON A PLAT RECORDED IN PLAT BOOK 4, PAGE 109, JOHNSON COUNTY RECORDER'S OFFICE AS BEING 343 FEET NORTHERLY AND 276 FEET WEST OF CENTER OF SECTION 2, TWP 79 N, RANGE 6 WEST OF THE 5TH P.M., THENCE EAST 44.4 FEET TO AN IRON PIPE ON THE NORTHERLY RIGHT-OF-WAY LINE OF HIGHWAY #1, THENCE N 56 DEGREES 46 MINUTES E, 261.5 FEET ALONG SAID RIGHT-OF-WAY LINE TO A RAILROAD RAIL MARKER, THENCE CONTINUING ALONG HIGHWAY RIGHT-OF-WAY LINE N 67 DEGREES 22 MINUTES E, 108.9 FEET TO A RAILROAD RAIL MARKER, THENCE N 56 DEGREES 43 MINUTES E, 226.6 FEET TO AN IRON PIN ON SAID RIGHT-OF-WAY LINE, THENCE CONTINUING ALONG THE HIGHWAY RIGHT-OF-WAY LINE N 56 DEGREES 43 MINUTES E, 454.08 FEET TO A RAILROAD RAIL MARKER AN THE POINT OF BEGINNING, THENCE ALONG SAID RIGHT-OF-WAY LINE N 56 DEGREES 43 MINUTES E, 284.20 FEET, THENCE N 30 DEGREES 17 MINUTES W, 185.78 FEET ALONG THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF OLD DUBUQUE ROAD, THENCE S 59 DEGREES 43 MINUTES W, 171.44 FEET, THENCE S 1 DEGREE 02 MINUTES E, 229.8 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 1.00 ACRES, MORE OR LESS. SECTION II. VARIATIONS. Section 14-3a of City Code provides that variations in the zoning requirements may be approved for Sensitive Areas Development Plans to permit the clustering of density. The following variation from the RS-5 zoning requirements is hereby approved as part of the Preliminary Sensitive Areas Development Plan with this Planned Development Overlay rezoning: The construction of one (1), five-unit townhouse-condominium building using a combination of stone, fiber cement board siding with shingle style accents for exterior finishes on all fa~des, as shown on the Planned Development and Preliminary Sensitive Areas Development Plan. SECTION III. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to confomn to this amendment upon the final passage, approval . _._.__.__.______._.,.._...~.__.u_...____.._"_____'___.,_.__~_._________..._._.,___._ Ordinance No. 06-4203 Page 2 and publication of this ordinance by law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and a copy of the Preliminary Sensitive Areas Development Plan, and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the 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 18th day of ~(~~ MAYOR April ,2~. ....... ATTEST:)~ k. ~ CI RK Approvedl;l ~ ~ A~ne 's PCD/Staff ReportslORDIREZ06-00004.doc CORPORATE SEAL Ordinance No. 06-4203 Page 2 and publication of this ordinance by law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ord. ance, the City C rk is hereby authorized and directed to certify a copy of this ordinance and to recor e same, at the offic of the County Recorder of Johnson County, Iowa, at the owner's expense, a as provided by law. SECTI V. REPEALER. All ordinances and parts of ordinances in conflict wit he provisions of this Ordinance are ereby repealed. SECTION . SEVERABILITY. If any section, provision or part of the Ordin ce shall be adjudged to be invalid or uncons utional, such adjudication shall not affect the validity of th rdinance as a whole or any section, provision 0 art thereof not adjudged invalid or unconstitutional. SECTION VII. FECTIVE DATE. This Ordinance shall be in eft after its final passage, approval and publication, as pro . ed by law. ppdadmlordlREZ06-00004.doc Ordinance No. 06-4201 Page ~ It was moved by V~nclprhopf and seconded by Champi on as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn . J{ x x J{ x x J{ First Consideration 4/4/06 Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell. NAYS: None. ABSENT: None. Secorid Consideration ------------------ Vote for passage: Date published 4/26/06 Moved by Vanderhoef, seconded by Elliott, that the rule requiring ordinances to be considered an, voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: None. F. James Bradley Byron G. Riley Michael K. Denney Patrick M. Courtney Donald G. Thompson Kelly R. Baier Gregory J. Seyfer Dean A. Spina Joseph E. Schmall Bradley G. Hart William J. Neppl William T. McCartan Maureen.G. Kenney Vernon P. Squires Timothy J. Hill PaulO. Burns Michael J. Pugh Janice J. Kerkove Shannon P. Thompson K~ Laura C. Mueller Kimberly H. Blankenship Sarah E. Swartzendruber Tyler G. Olson Aimee H. Rhodes Joseph W. Younker Nikki J. Johnson BRADLEY & RILEY PC ATTORNEYS AND COUNSELORS CEDAIt ItAPIDS -IOWA CITY TOWER PLACE ONE SoUTH GILBERT STREET IOWA Crri, IA 52240-3914 TELEPHONE: 319-466-1511 FAX: 319-358-5560 WEBSITE ADDRESS: www.bradlcyriley.com E.MAIL ADDItESS: l.il.iwartzendruber@hradlcyriley.Cl)Jn DIRECT DIAL 319.356.5563 AprilS, 2006 RE: Dubuque Road Condominiums "-' 0 = = :>0 0-> ",. -- Cl .--".----, / ---:1 = 11 ',:-) ~'-... I =iC) Ul ,<. ill IT! -u 0 02:;~ =r =2:/'- r- )> N W Iowa City City Clerk 410 East Washington Street Iowa City, IA 52240 Dear City Clerk: Last night the City Council passed the first consideration of an ordinance rezoning approximately one acre of real estate located on Dubuque Road and North Dodge Street from Low Density Single Family Residential (RS-S) to Planned Development Overlay Zone (OPD-S) with a Sensitive Areas Development Plan for my client, Three Bulls, LLC I respectfully request that you ask the Council to consolidate the second and third considerations of this ordinance at the next City Council meeting. Thank you for your assistance. Sincerely, BRADLEY & RILEY PC Sarah E. Swartzendruber SES/apf Enclosures cc: Three Bulls, LLC c/o Mr. Swen Larson c/o Mr. Casey Boyd {00329888DOC} [~ Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 ORDINANCE NO. AN ORDINANCE REZONING 1.80 ACRE PROPERTY LOCATED AT 1803/1835 BOYRUM STREET FROM INTENSIVE COMMERCIAL (CI-1) TO COMMUNITY COMMERCIAL (CC-2). (REZ06-00005) WHEREAS, the applicant, Hy-Vee Food Stores, has requested a rezoning of properties located at 1803 and 1835 Boyrum Street from Intensive Commercial (CI-1) to Community Commercial (CC-2) in order to allow expansion of their current store, located on abutting property south of Highway 6; and WHEREAS, the Planning and Zoning Commission found that abutting properties to the west and north are currently zoned CC-2; and WHEREAS, the Planning and Zoning Commission has found that the CC-2 zone is intended to provide major business districts that serve a significant segment of the total community population requiring access from major thoroughfares; and WHEREAS, the Planning and Zoning Commission has found that Boyrum Street is a commercial collector street designed to accommodate such volumes of traffic; and WHEREAS, the Planning and Zoning Commission has found that the Comprehensive Plan identifies the Highway 6 Corridor as a significant commercial center for the community; and WHEREAS, the Planning and Zoning Commission has found that the South District Plan identifies these properties as General Commercial in its "Future Land Use Scenario"; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning; 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 Intensive Commercial (CI-1) to Community Commercial (CC-2) is hereby approved: LOTS 1-13 BOYRUM SUBDIVISION PART 2 AS RECORDED IN BOOK 24 AT PAGE 12 OF THE JOHNSON COUNTY RECORDER'S OFFICE. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance, 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 IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. 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. Page 2 SECTION VI. 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 ~ ~!r7/~ City Attornei:;~ WpdatalppadminlordIREZ06-00005-1803Boyrum.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 4/4/06 Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None. Second Consideration 4/18/06 Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Cahmpion. NAYS: None. ABSENT: None. Date published M+3 k ~ ~ Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 ORDINANCE NO. 06-4204 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"5T39'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 N74'5T52'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. 06-4204 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 18thdayof April , 20~. ~~1L-- MAYOR ATTEST: J}~-uJ :k. ~ . CI CLERK Approved by City~~ .t/Q/t9iO ppdadmfordl809 hwy 1w.doc Ordinance No. 06-4204 Page -2.-.- It was moved by ~h~mp;nn and seconded by O'Donnell as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn J( x x y First Consideration 3/21/06 Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia. NAYS: None. ABSENT: None. Second Consideration 4/4/06 Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, ji:lliott, 0' Donnell, Vanderhoef. NAYS: None. ABSENT: None. Date published "1?F./n~ Prepared by: Sarah Walz, Associate Planner, 410 E. Washington 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 30-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 30-foot setback"; and WHEREAS, the City and Autohaus, Ltd., have subsequently agreed based on a change in circumstances, that said requirement to provide a 30-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, LTD. F IOWA CITY U~ Ross Wilburn, Mayor ATTEST; .~-.J C/!. ~~ Mari -K. Karr, City Clerk ppdadmlagVcza+hwy 1w.doc 1 STATE OF IOWA ) ) JOHNSON COUNTY ) On this ('i{ day of AptIr,L. ,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. s.....rt M . -to-r--b Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~ day of $~ dJ , AD. 20~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Kenneth E. Williamson, to me personally known, who, being by me duly sworn, did say that he is the President of said corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Kenneth E. Williamson as an officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. ~~Jb1$~ Notary Public in and for the State of Iowa w~~~. . ..., C~~ ppdadmlagVcza-hwy 1w.doc 2 Mfoo ( /: Prepared by: Bob Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ05-00026) ORDINANCE NO. 06-4205, AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING THE PLANNED DEVELOPMENT HOUSING (OPD-12) PLAN FOR SILVERCREST PART 3 ON 12.17 ACRES, LOCATED AT AMERICAN LEGION ROAD AND SCOTT BOULEVARD. WHEREAS, the City of Iowa City City Council has approved a Planned Development Overlay (OPD-12) preliminary plan for Silvercrest, a retirement community including a 68-unit assisted living apartment building, four 24-unit independent living apartment buildings, four 4-unit townhouse-style buildings, a 40-unit assisted living building for persons with Alzheime~s. and a medical office building; and WHEREAS, the applicant, Dial Land Development Corporation. has requested the City amend the preliminary OPD plan to reconfigure the independent living apartment buildings and townhouse-style buildings; and WHEREAS. the revised plan includes an existing 24-unit building. four 2-unit duplex style buildings, a 57-unit building and a 27 -unit building; and WHEREAS, the revised plan includes 116 dwelling units in addition to the 68-unit assisted living building and 40-unit assisted living building for persons with Alzheime~s; and WHEREAS, the large buildings will include design details such as bays and balconies and a combination of brick veneer and hardboard siding in order to minimize the appearance of their large scale; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed amendments to the OPD plan and has recommended approval of the same including the variations from the zoning regulations illustrated on the preliminary OPD plan and listed in Section II below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The amended preliminary OPD plan for the property described below is hereby approved: Lot 2 and Outlot "A" of Silvercrest Residential Community, as recorded in Book 40, Page 174, at the Records of Johnson County, Iowa; and Audito~s Parcel #2001-001 (Lot 1) as shown on the plat recorded thereof in Plat Book 42, Page 28. SECTION II. VARIATIONS. To encourage the development of the proposed retirement community and to allow clustered development, the following variations are approved as a part of the preliminary OPD Plan: a waiver of the minimum 35 feet of frontage required on a public street; a reduction in rear yards as shown on the OPD plan; and a waiver of the 35-foot height limit to 47 feet for those buildings with underground parking as shown on the OPD plan. SECTION III. ZONING MAP. Upon final passage, approval and publication of this Ordinance as provided by law, the Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this zoning amendment. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. and approved this ~day of Apri' ,20.ilfL-. AYOR ATTEST: )n~u.J cj!. =J.:jA.J CITY CLERK Approved by ~~ "'3(~sdP(' ppdadminlordlsilveraest3.doc Ordinance No. Oh-I.?O<; Page ~ It was moved by Bailey and seconded by as read be adopted, and upon roll call there were: Correia that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x x x x x First Consideration 1./4/0h Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott. NAYS: None. ABSENT: None. Second Consideration ------------------ Vote for passage: Date published 4/26/06 Moved by Bailey, seconded by Vanderhoef, that the rule requ1r1ng ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott. NAYS: None. ABSENT: None. 04/11/2006 14:21 FAX 3193389457 VJ ENGINEERING ~ ~ vj engineering 2570 holiday road, suite 10 coralville, iowa 52241 ph: (319) 338-4939 fax: (319) 338-9457 engineering - surveying "" g ':;-. April II, 2006 o ~(; ):.~ .~'; :-'-; -< ~:~1 C) "~:- r"-' iT! (5~ <;: /', <... )> h -:::; -~ -il City ofIowa City City Clerk Office Attn: Marian Karr City Hall Iowa City, IA 52240 ;? .''''''J : ! ---, \...J ~ N RE: Silvercrest Residential Community - Part 3 Independence Ridge - Phase II Dear Marian: On behalf of the owner and developer of the project we are requesting that the 2nd and 3rd reading for amending the zoning ordinance by amending the Planned Development Housing (OPD-12) plan for Silvercrest Part 3 on 12.17 acres located at American Legion Rd and Scott Blvd. (REZ05-Q0026/SUB05-00019) be combined at the next council meeting scheduled for April 18, 2006 The reason for this request is that P&Z approved sending to council by a vote of7-0 and the first reading also passed 7-0 by council. The only concern brought up publicly has been the lighting issues. The owner's electrical consultant is working with city staff on this. The current time frame, if the readings are combined, would provide a better opportunity to have the consbuction drawings completed and approved by June of this year. That would provide a mid July start and fourteen months to build. The turnover date is then end of September to mid-October of2007. Leasing has gone well with the first Independent building. The owner would like to hit this target i\)2007, since from their experience leasing programs don't go well when you hit November, especially in the senior market. Please consider this request and if need more information, let me know ASAP. Sincerely; ~~,~ M~ ,..., LL-I Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 ORDINANCE NO. 06-4206 ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, EN,TITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," SECTION 3- 4-4, ENTITLED "WASTEWATER TREATMENT WORKS USER CHARGES," OF THE CITY CODE, TO INCREASE OR CHANGE WASTEWATER USER CHARGES AND FEES IN IOWA CITY, IOWA WHEREAS, pursuant to Chapter 384, Code of Iowa (2005), the City of Iowa City is authorized to establish and provide for the collection of rates to pay for the City's utility systems, including the City's wastewater treatment works; and WHEREAS, the City of Iowa City is required to comply with federal wastewater treatment standards; and WHEREAS, it is in the public interest to increase certain fees and charges in order to adequately fund the costs of operation, maintenance, necessary expansion and debt service for the City's wastewater treatment facilities; and WHEREAS, wastewater rates were last increased in 2001; and WHEREAS, the Iowa City City Council proposes to increase wastewater user fees by approximately 8% for billings on or after July 1, 2006 to finance these activities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 4, entitled "Wastewater Treatment Works User Charges," of the City Code should be and is hereby amended by repealing Section 3-4-4 and enacting in lieu thereof a new section 3-4-4 entitled "Wastewater Treatment Works User Charges" to read as follows: Ordinance No. 06-4206 Page 2 3-4-4: WASTEWATER TREATMENT WORKS USER CHARGES' Sanitary Sewer Service Charges; Amount of Fee, City Code Description of Fee, Charge, Bond, Charge, Bond, Chapter, Article or Fine or Penalty Fine or Penalty Section Reference Minimum Monthly Charge (includes the First $ 7.76 14-3A-4 100 Cu. Ft. of Water Used) Monthly Charge for Each Additional 1 00 Cu. Ft. 3.80 14-3A-4 of Water Used Monthly Surcharge BOD (per pound) 300 or less MPL' Included in charge for 100 14-3A-4 cu. ft. of water used BOD (per pound) from 301 MPL to 2000 MPL' .27 14-3A-4 BOD (per pound) greater than 2000 MPL' .405 14-3A-4 Suspended Solids (55) (per pound) .216 14-3A-4 Monthly Minimum, Unmetered User 31.77 14-3A-4 Manufactured Housing Park, Monthly Minimum 31.77 14-3A-4 Per Lot Holding Tank Waste - plus landfill fees $.03 per gallon 14-3A-4 Holding Tank Waste Hauler - Annual Permit $864 per year 14-3A-4 Deposit and Delinquency Fee for Combined City Water 14-3A-7 and/or Sanitary Sewer and/or Solid Waste Collection Accounts Residential owner account, per combined $0 residential service for City water and/or sanitary sewer and/or solid waste collection service Residential tenant account, per combined res i- $80.00 dential service for City water and/or sanitary sewer and/or solid waste collection service Five (5) percent delinquency charge on current 5.0% current billed portion of the outstanding amount on com- billed portion bined water and/or sanitary sewer and/or solid waste account that is not paid within twenty-two (22) days of billing date. Delinquency Deposit Fee for Combined City Water and/or An amount 14-3A-5 Sanitary Sewer and/or Solid Waste Collection Accounts equal to an average two- month billing for the delinquent account 'Milligrams per liter (MPL) Ordinance No. 06-4206 Page 3 SECTION 11. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect July 1, 2006. c;z: L:;lO:: April ,2006. MAYOR ATTEST: ~/-'~~ I!. kaA~ CI . LERK APJ3lX>...V. ed by , /: .u . ..~ VI )0/6 6 City Attorney's Office Date finadm\ord\sewerinc06.doc Ordinance No. 06-4206 Page ~ It was moved by V~ndprhopf and seconded by Champion as read be adopted, and upon roll call there were: that the Ordinance AYES; NAYS: ABSENT: x x x x x x J( Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn First Consideration 4/4/0f> Vote for passage: AYES: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. NAYS: NOne. ABSENT: None. Second Consideration ------------------- Vote for passage: Date published 4/26/06 Moved by Vanderhoef, seconded by Champion, that the rule requ1r1ng ordinances to be considered and voted On for passage at two Council meetings prior to the meeting at which it is to be finall: passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn Bailey. NAYS: None. ABSENT: NOne. Ordinance No. Page 3 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be I alid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a who or any se 'on, provision or part thereof not adjudged invalid or unconstitutional. SEC ON IV. EFFECTIVE DATE. This Ordinance shall be in effect after its finai passage publica' n, to be collected as set forth in ~14-3A-4, City Code. ~approvedt~. day of MAYOR ,2006. Approved by ~ City Attorney's Office Date finadm\ord\sewerinc06.doc Mt, ~ Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053 ORDINANCE NO, 06-4207 ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" SECTION 3- 4-3, ENTITLED "POTABLE WATER USE AND SERVICE," OF THE CITY CODE, TO DECREASE OR CHANGE WATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA. WHEREAS, pursuant to Chapter 384, Code of Iowa (2005), the City of Iowa City is authorized to establish and provide for the collection of rates to pay for the City's utility systems, including the City's water supply and treatment system; and WHEREAS, present water rates can safely be reduced without harming the financial condition of the City of Iowa City Water Division, both short and long term; and WHEREAS, wastewater user charges will be increased by 8% on July 1, 2006; and WHEREAS, the Iowa City City Council proposes to decrease water user fees by 5% for billings on or after July 1, 2006 to help offset the increase in wastewater user charges. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 3, entitled "Potable Water Use and Service," of the City Code is hereby amended by: a. Repealing the subsection entitled "Water Service Charges. in Section 3-4-3 and substituting the following in lieu thereof: Description Of Fee, Charge, Bond. Fine Or Penaltv Amount of Fee, Charge, Bond. Fine Or Penaltv Meter charge (nonrefundable) (14-3C-4) Meter Size Inches) Fee Meter, including meter reading device "t. to 0/. 0/. 1 1Yz 2 4 6 $ 120.00 150.00 184.00 336.00 442.00 1,484.00 2,832.00 (Ord. 01-3982, 8-21-2001) Ordinance No. 06-4207 Page 2 Minimum monthly user charges for water service for the first 100 cubic feet or less of water used, based on meter size Amount of Fee, Charge, Bond. Fine or Penaltv Meter Size (Inches) 5/8 % 1 1% 2 3 4 6 July 1, 2006 CharQe 6.41 7.00 8.26 16.47 22.14 40.91 71.37 143.61 Water Service Charges (14-3A-4) The minimum charges for larger meters will be based on comparative costs to a 6" meter. The minimum monthly charge for an account holder who furnishes and maintains the meter at the account holder's cost will be based on the minimum for a 5/8" meter, regardless of the size. There will be no minimum monthly charge for a single-purpose water meter for the months of November to March if no water is used. Monthly user charges for water in excess of 100 cu. ft. per month for dual purpose water meters Monthly Usage (Cu. Ft.) 101 to 3,000 cU.ft. Over 2.15 per 100 cu. ft 3,000 cU.ft. July 1, 2006 Charae 2.99 per 100 cu. ft Single-purpose meter charges for water in excess of 100 cu. ft. per month Returned check! automatic bank debit for payment of city utility services Discount for combined accounts enrolled in SurePay, per billing Over 100 2.99 per 100 cu. ft 15.00 1.00 Ordinance No. 01'>-4707 Page 3 Temporary Water Use (14-3A-4B) During construction for the first 90 days from the date of the connection to the service line for a new service or a maximum of 90 days for reconstruction Single- and two-family residences, per month Multi-family residences, per month Commercial structures, per month After 90 days for any structure, per month until the water meter is installed (Ord. 96-3714, 1-30-1996) Direct Purchase Of Water Fee, Per 200 Gallons Or Fraction Thereof (14-3A-4C) (Ord. 00-3937, 6-20-2000) Deposit And Delinquency Fee For Combined City Water And/Or Sanitary Sewer And/Or Solid Waste Collection Accounts (14-3A-5) Residential owner account, per combined residential service for City water and/or sanitary sewer and/or solid waste collection service Residential tenant account, per combined residential service for City water and/or sanitary sewer and/or solid waste collection service Commercial account CharQe $15.00 15.00 25.00 100.00 0.55 0.00 80.00 An amount equal to an average 2 month billing for commercial service for City water and/or sanitary sewer service 5% delinquency charge on current billed portion of the outstanding amount on combined water and/or sanitary sewer and/or solid waste account that is not paid within 22 days of billing date. (Ord. 97-3818, 12-16-1997) Ordinance No. Oh-L.?07 Page 4 Charae Delinquency Deposit Fee For Combined Water And/Or Sanitary Sewer And/Or Solid Waste Collection Accounts (14-3A-5) (Ord. 96-3714.1-30-1996) An amount equal to an average 2 month billing for the delinquent account Fees And Charges For Various Consumer Services (Various sections in Title 14, Chapter 3, Article C) Extension Of Maior Feeder Lines (Oversizinol Cost is $395.00/acre Installation And Connection Fees Size (Inches I 6 8 10 12 16 Service Fees Reconnection of discontinued service Posting fee for shutting off water in collection procedure Check leaky water meters Frozen water meters Shutoff of water service at curb and check for exterior leaks Broken hydrant Location of water main for other utilities Cost (Per Linear Foot) $20.10 22.35 26.80 33.20 44.00 Fee During Normal Workina Hours Fee After Normal Workina Hours $20.00 $40.00 $20.00 Not done after normal working hours No charge No charge $20.00, plus cost of meter repair $40.00, plus cost of meter repair No charge $40.00, plus hourly rate for time over 2 hours Repair cost $40.00, plus repair No charge No charge Location of city-owned water No charge main for private enterprise Check water meter accuracy at consumer's request Annual fire hydrant fee for inspection and operation of fire hydrants which are privately owned or owned by other governmental agencies $40.00, plus hourly rate for time over 2 hours $35.00 If meter is found to be recording accurately Not done after normal working hours $50.00 Not done after normal working hours Ordinance No. Ofi-4707 Page 5 If service is requested outside normal working hours, a $30.00 after-hour fee shall be charged in addition to the normal working hour fee. In addition, when service time after hours exceeds 2 hours, an additional charge will be added to cover equipment expense and actual employee wages, including overtime. The water service division's, or its successor's, normal working hours are 8:00 A.M. to 4:30 P.M. daily. (Ord. 97-3818,12-16-1997) SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect July 1, 2006. Passed and approved this 18th day of April ~(/~~~ MAYOR ,2006. ATTEST: nl~~ II. ~~ CITY'ebERK Approved by :f},(..." Y/)o(; 0 City Attomey's Office finadm\ord\waterlee06doc Ordinance No. 0(;-4707 Page ~ It was moved by Fl 1i nH and seconded by O'Donnell 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 4/4/06 Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration ------------------ Vote for passage: Date published 4/26/06 Moved by Elliott, seconded by O'Donnell, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia. NAYS: None. ABSENT: None. Ordinance No. Page 5 If service is requested outside normal working hours, a $30.00 after-hour fee shall be charged in ad . Ion to the normal working hour fee. In addition, when service time after hours exceeds 2 hours, an ad ional arge will be added to cover equipment expense and actual employee wages, including ove . e. The w r service division's, or its successor's, normal working hours are 8:00 A.M. to 4:30 P.M. aily. (Ord. 97-3 18, 12-16-1997) SECTIO II. REPEALER. All ordinances and parts of ordinances in conflict with the rovisions of this Ordinance e hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance sh I be adjudged to be invalid or unco titutional, such adjudication shall not affect the validity of the Ordin ce as a whole or any section, provision r part thereof not adjudged invalid or unconstitutional. SECTION IV. EF CTIVE DATE. This Ordinance shall be in effect after its f al passage, approval and publication, to be colle ted as set forth in !j14-3A-4, City Code. ,2006. Approved by ,/ ~_ )>IJf;;~ City Attorney's Office finadm\ord\waterfee06doc 9 Prepared by: Kevin O'Malley, Director of Finance, 410 E. Washington Street, Iowa. City, IA 52240; 319-356-5053 ORDINANCE NO. 06-4208 ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 3-4-5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES. WHEREAS, pursuant to Chapter 384, Code of Iowa (2005), the City of Iowa City provides certain solid waste collection and disposal services; and WHEREAS, it is in the public interest to increase certain fees and charges associated with said solid waste collection and disposal services; and WHEREAS, the Iowa City City Council proposes to increase residential solid waste collection fees by approximately 3% for billing on or after July 1, 2006, to adequately finance operational costs; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the Iowa City Code is hereby amended by: Changing the charge for residential solid waste collection from $12.50 to $13.00 per dwelling unit, and 2 rooming units, per month; and from $9.40 minimum to $9.90 minimum for solid waste. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective July 1, 2006. April , 20..QL. MAYOR rn . ATTEST: ~A-J I(~ CITY CL Approved by (/ ./.' ~ 1/~(0' City Attorney's Office fil\lldrrYordIfeeincrease-sv.{)6.doc Ordinance No. 06-4208 Page ----L- It was moved by Bailey 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 Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x First Consideration 4/4/06 Vote for passage: AYES: Correia, Elliott, 0' Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration ------------------- Vote for passage: Date published 4/26/06 Moved by Bailey, seconded by Vanderhoef, that the rule reqUlrlng ordinances to be considered and ~ted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell. NAYS: None. ABSENT: None. (Vi+c\ U Prepared by: Kevin O'Malley, Director of Finance, 410 E. Washington Street, Iowa City, IA NCE AMENDING TITLE 3, ENTITLED "CITY FINANCE, TAXATION AND FEES," ENTITLED "SCHEDULE OF FEES, RATES, CHA ES, BONDS, FINES, AND PENALTIES," ECTION 3-4-5, ENTITLED "SOLID WASTE DISPO :4\.L," OF THE CITY CODE TO INCREASE OR C NGE CERTAIN SOLID WASTE CHARGES. WHEREAS, pursu t to Chapter 384, Code of Iowa (2005), the Ity of Iowa City provides certain solid waste collection and di sal services; and WHEREAS, it is in the p lie interest to increase certain fees a tl charges associated with said solid waste collection and disposal servi ; and WHEREAS, the Iowa City C Council proposes to incr se residential solid waste collection fees by approximately 3% for billing on or er July 1, 2006, to ade ately finance operational costs; and NOW, THEREFORE, BE IT 0 AINED BY THE ITY COUNCIL OF THE CITY OF IOWA CITY, IOWA SECTION I. AMENDMENT. Title 3, titled'" Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bon Fin, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the Iowa City Code is hereby ame Changing the charge for residential solid w collection from $12.50 to $13.00 per dwelling unit, and 2 rooming units, per month; and from $9.40 mi mum 0 $9.90 minimum for solid waste. SECTION II. REPEALER. All ordina es and p of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If y section, provisi or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adju cation shall not affect e validity of the Ordinance as a whole or any section, provision or part thereof no djudged invalid or uncons . utional. SECTION IV. EFFECTIV DATE. This Ordinance shall f:j effective July 1,2006. after its final passage, approval nd publication, as provided by law. P ed and approved thi :..l.B..t:.hdayof April ,2 &L~ ORDINANCE NO. 06-4208 7:db~ City Attorne ~ ~ dD /i" ~ ORDINANCE NO. ared by: Kevin O'Malley, Director of Finance, 410 E. Washington Street, Iowa City, IA 52240; ORDINANC AMENDING TITLE 3, ENTITLED "CITY FINANCES, T TION AND FEES," CHAPTER 4, E ITLED "SCHEDULE OF FEEl:!, RATES, CHARGES BONDS, FINES, AND PENALTIES," SEC N 3-4-5, ENTITLED "SOLID WASTE DISPOSAL," F THE CITY CODE TO INCREASE OR CHAN CERTAIN SOLID WASTE CHARGES. WHEREAS, pursuant to hapter 384, Code of Iowa (2005), the City of owa City provides certain solid waste collection and disposa ervices; and WHEREAS, it is in the public' terest to increase certain fees and ch ges associated with said solid waste collection and disposal services; d WHEREAS, the Iowa City City ncil proposes to increase r sidential solid waste collection fees by approximately 3% for billing On or after Iy 1, 2006, to adequatel Inance operational costs; and NOW, THEREFORE, BE IT ORDA ED BY THE CITY OUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, entl d .City Fin nces, Taxation, and Fees," Chapter 4, entitled .Schedule of Fees, Rates, Charges, Bonds, . es, an Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the Iowa City Code is hereby amend by: Changing the charge for residential solid waste c ction from $12.50 to $13.00 per dwelling unit, and 2 rooming units, per month; and from $9.40 minimum .90 minimum for solid waste. SECTION II. REPEALER. All ordinances a part f ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any se on, provision part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudicatio hall not affect th validity of the Ordinance as a whole or any section, provision or part thereof not adjud d invalid or unconsti ional. SECTION IV. EFFECTIVE DATE. is Ordinance shall be in eet after its final passage, approval and publication, as provided by law. d and approved this . MAYOR ATTEST: CITY CL .doc z-oved by City Attomey' finadrntordl1'eel _1'1'.... ML .., v'() Prepared by: Susan Dulek, Ass!. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 06-4209 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 results 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 II. VIOLATION. Any violation of this ordinance shall be considered a simple misdemeanor punishable by a $50.00 fine. SECTION III. 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. d and approved jC April ,2006. AYOR ATTEST:'~";"~~'~ CITY CL K A~~~ 3~d-I-O~ City Attorney's Office Ordinance No. Ofi-4?OQ Page ~ It was moved by Correia and seconded by as read be adopted, and upon roll call there were: Champion that the Ordinance AYES: NAYS: ABSENT: x x x X x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x X First Consideration 3/21/06 Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None. Second Consideration 4 / 4 / 06 Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell. NAYS; None. ABSENT:' None. Date published 4/26/06