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HomeMy WebLinkAbout2011-06-21 OrdinancePrepared by: Christina Kuecker, Assoc. Planner, 410 E ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 0.69 ACRES OF PROPERTY LOCATED AT 1014, 016, AND 1022 HUDSON AVENUE FROM ME UM DENSITY SINGLE FAMILY (RS -8) ZONE`TO COMMUNITY COMMERCIAL (CC -2) ZONE. (RE11- 00008) WHEREAS, Ransh w Limited Partnership is the legal title holder f property located at 1022 Hudson Avenue, Iowa City, I wa and Shirken LLC is the legal title holder of roperty located at 1014 and 1016 Hudson Avenue, Iowa C y, Iowa; and WHEREAS, Ranshaw Limit d Partnership has requested a rezoning of these properties from Medium Density Single Family (RS -8) zon to Community Commercial (CC -2) zo ;and WHEREAS, the Comprehensi a Plan indicates that the area is app priate for general commercial uses; and WHEREAS, the Planning an Zoning Commission has determined that it complies with the Comprehensive Plan prov need for neighborhood compatibility, revention of commercial screening between commercial and re 'dential uses; and WHEREAS, Iowa Code §414.5 ( 011) provides that th conditions on granting an applicant's r zoning request, ov r satisfy public needs caused by the requ sted change; and the eviewed the proposed rezoning and de that it meets conditions addressing the affic in the residential neighborhood, and City of Iowa City may impose reasonable and above existing regulations, in order to WHEREAS, Ranshaw Limited Partne ship and Shirke LLC (collectively "the owners ") have agreed that the properties shall be developed in acc rdance /devel terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appr hate ent in this area of the city. NOW , THEREFORE, BE IT ORDAIN D BITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the ondning Agreement attached hereto and incorporated herein, property described below is hereby re ass its current zoning designation of RS -8 to CC -2: LOT 16, 17, 18, AND 10 OF BAILEY AND ECK'S ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE P THEREOF RECORDED IN PLAT BOOK 3, AT PAGE 161, IN THE RECORDS OF THE JO N ON COUNTY RECORDER'S OFFICE, EXCEPTING THEREFROM, ALL THAT PART OF AID T 19 LYING SOUTHERLY OF A LINE BEGINNING AT A POINT N2 °38.5'W, 5.1 FT FRO THE E CORNER OF SAID LOT 19, ON THE EAST LINE THERE OF; THENCE S88 °33.75' 124.5 T.; THENCE N32 °53.5W, 23.2 FT TO A POINT N3 °09.5'W, 20.6 FT FROM THE S CORNER F SAID LOT 19, ON THE WEST LINE THEREOF. SAID RESULTANT TRACT O LAND CO TAINS 0.69 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTI S OF RECOR . SECTION II. ZONING MAP. T e building official is h reby authorized and directed to change the zoning map of the City of Iowa City, to a, to conform to this a endment upon the final passage, approval and publication of the ordinance as a roved by law. SECTION III CONDITIONAL ZONING AGREEMENT. a mayor is hereby authorized and directed to sign, and the City Clerk attest/the Conditional Zoning Agree ent between the property owner(s) and the City, following passage and ap roval of this Ordinance. SECTION IV CERTIFICATION AND RECORDING. Upon pa age and approval of the Ordinance, the City Clerk is hereby authed and directed to certify a copy of this dinance, and record the same in the Office of the County Recr, Johnson County, Iowa, at Ranshaw Limite artnership's expense, upon the final passage, approval 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. 0 Washington St, Iowa City, IA; 319 -356= (F�Y11 -0) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 0.69 ACRES OF PROPERTY LOCATED AT 1014, 016, AND 1022 HUDSON AVENUE FROM ME UM DENSITY SINGLE FAMILY (RS -8) ZONE`TO COMMUNITY COMMERCIAL (CC -2) ZONE. (RE11- 00008) WHEREAS, Ransh w Limited Partnership is the legal title holder f property located at 1022 Hudson Avenue, Iowa City, I wa and Shirken LLC is the legal title holder of roperty located at 1014 and 1016 Hudson Avenue, Iowa C y, Iowa; and WHEREAS, Ranshaw Limit d Partnership has requested a rezoning of these properties from Medium Density Single Family (RS -8) zon to Community Commercial (CC -2) zo ;and WHEREAS, the Comprehensi a Plan indicates that the area is app priate for general commercial uses; and WHEREAS, the Planning an Zoning Commission has determined that it complies with the Comprehensive Plan prov need for neighborhood compatibility, revention of commercial screening between commercial and re 'dential uses; and WHEREAS, Iowa Code §414.5 ( 011) provides that th conditions on granting an applicant's r zoning request, ov r satisfy public needs caused by the requ sted change; and the eviewed the proposed rezoning and de that it meets conditions addressing the affic in the residential neighborhood, and City of Iowa City may impose reasonable and above existing regulations, in order to WHEREAS, Ranshaw Limited Partne ship and Shirke LLC (collectively "the owners ") have agreed that the properties shall be developed in acc rdance /devel terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appr hate ent in this area of the city. NOW , THEREFORE, BE IT ORDAIN D BITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the ondning Agreement attached hereto and incorporated herein, property described below is hereby re ass its current zoning designation of RS -8 to CC -2: LOT 16, 17, 18, AND 10 OF BAILEY AND ECK'S ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE P THEREOF RECORDED IN PLAT BOOK 3, AT PAGE 161, IN THE RECORDS OF THE JO N ON COUNTY RECORDER'S OFFICE, EXCEPTING THEREFROM, ALL THAT PART OF AID T 19 LYING SOUTHERLY OF A LINE BEGINNING AT A POINT N2 °38.5'W, 5.1 FT FRO THE E CORNER OF SAID LOT 19, ON THE EAST LINE THERE OF; THENCE S88 °33.75' 124.5 T.; THENCE N32 °53.5W, 23.2 FT TO A POINT N3 °09.5'W, 20.6 FT FROM THE S CORNER F SAID LOT 19, ON THE WEST LINE THEREOF. SAID RESULTANT TRACT O LAND CO TAINS 0.69 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTI S OF RECOR . SECTION II. ZONING MAP. T e building official is h reby authorized and directed to change the zoning map of the City of Iowa City, to a, to conform to this a endment upon the final passage, approval and publication of the ordinance as a roved by law. SECTION III CONDITIONAL ZONING AGREEMENT. a mayor is hereby authorized and directed to sign, and the City Clerk attest/the Conditional Zoning Agree ent between the property owner(s) and the City, following passage and ap roval of this Ordinance. SECTION IV CERTIFICATION AND RECORDING. Upon pa age and approval of the Ordinance, the City Clerk is hereby authed and directed to certify a copy of this dinance, and record the same in the Office of the County Recr, Johnson County, Iowa, at Ranshaw Limite artnership's expense, upon the final passage, approval 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. Ordinance No. Page 2 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 a er its final passage, approval and publication, as provided by law. Passed and approved this day , 2011. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office r N a --y INN- 06L.21 -1 L1 4c Prepared by: Christina Kuecker, Assoc. Planner, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243 (REZ11- 00008) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 0.69 ACRES OF PROPERTY LOCATED AT 1014, 1016, AND 1022 HUDSON AVENUE FROM MEDIUM DENSITY SINGLE FAMILY (RS -8) ZONE TO COMMUNITY COMMERCIAL (CC -2) ZONE. (REZ11- 00008) WHEREAS, Ranshaw Limited Partnership is the legal title holder of property located at 1022 Hudson Avenue, Iowa City, Iowa and Shirken LLC is the legal title holder of property located at 1014 and 1016 Hudson Avenue, Iowa City, Iowa; and WHEREAS, Ranshaw Limited Partnership has requested a rezoning of these properties from Medium Density Single Family (RS -8) zone to Community Commercial (CC -2) zone; and WHEREAS, the Comprehensive Plan indicates that the area is appropriate for general commercial uses; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for neighborhood compatibility, prevention of commercial traffic in the residential neighborhood, and screening between commercial and residential uses; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, Ranshaw Limited Partnership and Shirken LLC (collectively "the owners ") have agreed that the properties shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of RS -8 to CC -2: LOT 16, 17, 18, AND 10 OF BAILEY AND BECK'S ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 3, AT PAGE 161, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, EXCEPTING THEREFROM, ALL THAT PART OF SAID LOT 19 LYING SOUTHERLY OF A LINE BEGINNING AT A POINT N2 °38.5'W, 5.1 FT FROM THE SE CORNER OF SAID LOT 19, ON THE EAST LINE THERE OF; THENCE S88 °33.75'W, 124.5 FT.; THENCE N32 °53.5W, 23.2 FT TO A POINT N3 °09.5'W, 20.6 FT FROM THE SW CORNER OF SAID LOT 19, ON THE WEST LINE THEREOF. SAID RESULTANT TRACT OF LAND CONTAINS 0.69 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION Il. 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. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Ordinance No. Page 2 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 record the same in the Office of the County Recorder, Johnson County, Iowa, at Ranshaw Limited Partnership'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. Passed and approved this day of 12011. MAYOR ATTEST: CITY CLERK Approved by c, ,•_cam �,��ruv City Attorney's Office Ordinance No. Page It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright that the Ordinance First Consideration 6/21/2011 Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Christina Kuecker, Assoc. Planner, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243 (REZ11- 00008) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City ") and Ranshaw Limited Partnership and Shirken LLC (hereinafter collectively "Owners "). WHEREAS, Ranshaw Limited Partnership is the legal title holder of property located at 1022 Hudson Avenue, Iowa City, Iowa; and WHEREAS, Shirken LLC is the the legal title holderof property located at 1014 and 1016 Hudson Avenue, Iowa City, Iowa; and WHEREAS, the Owners have requested the rezoning of said properties from Medium Density Single Family (RS -8) to Community Commercial (CC -2) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the need for neighborhood compatibility, prevention of commercial traffic in the residential neighborhood, and screening between commercial and residential uses, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owners acknowledge that certain conditions and restrictions are reasonable to ensure the development of these properties is consistent with the Comprehensive Plan and the need for neighborhood compatibility, prevention of commercial traffic in the residential neighborhood, and screening between commercial and residential uses; and WHEREAS, the Owners agree to develop these properties in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: Ranshaw Limited Partnership and Shirken LLC collectively are the legal title holders of the property legally described as: LOT 16, 17, 18, AND 10 OF BAILEY AND BECK'S ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 3, AT PAGE 161, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, EXCEPTING THEREFROM, ALL THAT PART OF SAID LOT 19 LYING SOUTHERLY OF A LINE BEGINNING AT A POINT N2 °385W, 5.1 FT FROM THE SE CORNER OF SAID LOT 19, ON THE EAST LINE THERE OF; THENCE S88 °33.75'W, 124.5 FT.; THENCE N32 °53.5W, 23.2 FT TO A POINT N3 °09.5'W, 20.6 FT FROM THE SW CORNER OF SAID LOT 19, ON THE WEST LINE THEREOF. SAID RESULTANT, TRACT OF LAND CONTAINS 0.69 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owners acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Southwest district plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owners agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. No curb cut shall be allowed on to Hudson Avenue; b. The building design and site plan shall be approved by the Staff Design Review Committee to ensure compatibility with the neighborhood and the following criteria: - A vegetative screen shall be planted along the northern boundary to the residential zone to complement the building design and soften the appearance of the northern elevation of any commercial building with use of ornamental or evergreen trees; - The north elevation of the commercial building shall be a more decorative wall than the wall of the adjacent existing strip commercial building, with use of such materials as a decorative masonry finish or a pattern within the masonry; - The Hudson Avenue elevation shall not be a blank wall, but rather shall have a more pedestrian - scaled building facade with features such as windows, awnings, and bike and pedestrian access; - The storefront design shall incorporate the use of traditional building materials such as brick or wood. 4. The Owners and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owners and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owners acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owners or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by 2 reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 2011. BY: +B This instrument was acknowledged before me on 2011 by Matthew J Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 3 On this 1 day of l)-Av: ,\ , A.D. 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared K 4f,f 9 dn�l.a�. v o r r�c.H Rv� hd w, to me personally known, who being by me duly sworn, did say thatl the person is r (title) of j, c eV 4--'e'5 and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said acknowledged the execution of 'ad instru nt to be the voluntary act and deed of said limited liability company by it un rilyX , ut ?d �lA(S 6EWAMIN RYAN NICHOLSON nrYcO,a °:a`o`;� Notary Pu c i a for ZeSt�ateof I owa �04N Commission #722085 My commission expires: PARTNERSHIP ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn, did say that the person is one of the partners of , an Iowa General /Limited Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it, and by the partner voluntarily executed. Notary Public in and for the State of Iowa My commission expires: 4 Prepared by: Douglas N _ d HIS, 410 E. Washington Street, to City, IA 52240; 31 -517 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 14, CH ARTICLE D, TEMPORARY USE , ADDING PROVISIO COMMERCIAL USES AS A TE PORARY USE ALOt CHAPTER 9, ENTITLED DEFINITIO S, TO ADD THE DEFII WHEREAS, it is deemed that, wi commercial uses should be allowed all g WHEREAS, the Planning and Zon allow for football game day temporary co WHEREAS, it is in the public inter Avenue on Iowa football game days and NOW, THEREFORE, BE IT ORDA IOWA: SECTION I. AMENDMENT. Article D: C R 4, ENTITLED USA' REGgATIONS, TO ALLOW FOOTBALL GAME DAY MELROSE AVENUE AND AMENDING �N OF TAILGATING. appropriate perm' approval criteria, football game day temporary Melrose Avenu on Iowa home football game days; and ng Commission as recommended amending the zoning code to mercial uses long Melrose Avenue; and st to allow s ort -term temporary commercial uses along Melrose stablish reg4lations thereof. I ED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, ity Coe Title 14, Chapter 4 is hereby amended as follows: a.) 14 -4D -2 Temporary Uses All ow' end the Iowa City Zoning Code Title 14- 4 -D -2, Temporary Uses Allowed, to add the tempora se: L. Football Game Day CommerAdth b.) 14 -4D -3 Permit Required. AmIowa City Zoning Code Title 14 -4D -3, Permit Required, by deleting the existing paragraph irety and replacing it with the following: A temporary use permi/ia. uired for II temporary uses listed in subsection B, above, unless specifically exempted. Tng and tail ate parking held on home Iowa football game days do not require a TemporaPermit. Pro edures for obtaining a permit are contained in Article 14 -8B of this Title, Admive Approval roced.ures. c.) 14 -4D-4 Approval Critmend the low City Zoning Code Title 1 4 -4D -4 to add additional approval criteria for foot me day commer 'al vending. H. Football Game Day Commercial Use 1. Display permit. Vendors must prominently displ the permit and it must be clearly viewable from the public right -of -way. 2. Assignment angj .use by others. A vendor may not assign its space /permit to any other vendors. ! t f 3. Location. Ven,�ors are only allowed to locate along the Melrose Avenue street frontage between the Iowa Interstate Railway right-of-way and Melrose Circle. i 4. Setup/Teardown. Vendors are not allowed to set up before 10:00 a.m. the day before game day and must tear down /remove all equipment and materials after each game. Ordinance No. Page 2 5. Clean -up responsibility. All vendors must keep any area where they vend litter -free and shall remove litter from any adjacent public property /right -of -way. Vendors shall provide a trash container with unfilled capacity at all times. Vendors with liquid waste (oil, gr se, grey water, etc.) must provide disposal units for the waste. Commercial liquid waste sh not be placed in gutters, port -a -johns or on the ground. 6. No blocking of sidewalk/right -of -way. No vendor shall block or obstrLXt the free movement of pedestrians or vehicles on a sidewalk, street, or other public right- -way. Tents /stands must be set back at least 2 feet from the back edge of public sidewalks 7. Signage. Vendor signage is only allowed on the vendor's sta /vehicle /tent and is not allowed on utility poles across the public sidewalk, on buildings o as yard signs. No electrically lit signs will be allowed. 8. Sales tax permit. Each vend r whose sales /arebcj t to sales tax must provide a copy of their sales tax permit. 9. Insurance /indemnification. All ndors mus the City evidence of comprehensive general li ability insurance of $5 0,000 per and $1,000,000 aggregate and must indemnify the City against all da ages that rom the vendor's permitted temporary commercial use and /or the vendo 's use of t ht -of -way. 10. Fire extinguishers. All vendors mot prov' a at least one five pound, 2A 10 BC extinguisher that is functional and accessible at II ti s. 11. Health permits. All food vendors t secure necessary health permits from the Johnson County Department of Health and pr minently display the permit so it is clearly viewable from the public right -of -way. 12. Cooking tents. All tents used fo cook rig (regardless of size) must be approved by the Fire Code /Building Official. Cooking ents wi I be required to be separated from other tents, parked vehicles and lot lines. LP co tainers ceeding 96 pounds require approval from the Fire Code /Building Official. 13. Tent size. All tents and mbrane struc ures having an area in excess of 400 square feet shall not be erected or o rated for any p rpose without first obtaining approval from the Fire Code /Building Official. 14. Alcohol. No alcohol is Ilowed to be 11 in conjunction with an temporary co 15. Utility Location. A y tents and me attachments must all,the City for utility comply with "one- II ", utility location req or otherwise made available to the public use. rane structures using stakes or similar ground catio at least 24 hours before setup. Vendors must 16. Violation of thesq provisions. Any violation a civil citation an -loss of the temporary cc games. The Cit4 also reserves the right to for a minimum ot seven home games. SECTION II. AMENDMENT. Article A: City Code Title 1 hJ temporary use permit cone tons w&esult in cil use permit for a minim46 f seven home a temporary use permit foOtgoanr§locatioi -; •.... Chapter 9 is hereby amen asAQllow Ordinance No. Page 3 a.) 14 -9A Definitions. Amend the Iowa City Zoning Code Title 14 -9A, Definitions, to add the definition of "tailgating ". Tailgating: A home football game day informal social',qathering that is no commercial and may include eating and drinking beverages (alcoholic or non- holic) as part of the a tivities. Temporary parking on unimproved surfaces located on private property is allowed during tailgate events. No alcohol is sold at a tailgate, nor is any admission fee charged, good sold or given away, nor ervices provided for a fee. SECTION III. REPEALER. All ordinances a Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, invalid or unconstitutional, such adjudication shall section, provision or part thereof not adjudged invali SECTION V. EFFECTIVE DATE. This Ordina publication, as provided by law. Passed and approved this day of MAYOR ATTEST: CITY CLERK Ap oved b ` City Attorney's Office hisadm /ord /amend 14- 4D.doc d parts of ordinances * conflict with the provisions of this provision or part of a Ordinance shall be adjudged to be of affect the valid' of the Ordinance as a whole or any or unconstitutio al. ce shall be in ffect after its final passage, approval and 20 r d Prepared by: Douglas Boothroy, HIS, 410 E. Washington Street, Iowa ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 4, ARTICLE D, TEMPORARY SES, ADDING PROVISIONS TO � COMMERCIAL USES AS A TEMPORARY USE WITH APPRO% CHAPTER 9, ENTITLED DEFINITIONS, TO ADD THE DEFINITION OF WHEREAS, it is deemed that, with appropriate permit appro, commercial uses should be allowed ong Melrose Avenue on Iowa WHEREAS, the Planning and Z ing Commission has recoi allow for football game day temporary c mercial uses along Mel WHEREAS, it is in the public inter t to allow short -term t r Avenue on Iowa football game days and e ablish regulations th ec NOW THEREFORE, BE IT ORDAIN BY THE CITY O IOWA: SECTION I. AMENDMENT. Article D: City a.) 14 -413-2 Temporary Uses Allowed. Am Uses Allowed, to add the temporary use: L. Football Game Day Commercial Use N O p� City, IA 52240; �6 -1 _- NTITLED UO REGIIIATIONS, LOW FOOTBALL GAME DAY AL CRITERIA AND AMENDING TAILGATING. aI criteria, football game day temporary i me football game days; and mended amending the zoning code to e Avenue, and porary commercial uses along Melrose UNCIL OF THE CITY OF IOWA CITY, e Title 14,/Chapter 4 is hereby amended as follows: the,/(owa City Zoning Code Title 14- 4 -D -2, Temporary b.) 14 -413-3 Permit Required. Amend the wa City oning Code Title 14 -4D -3, Permit Required, by deleting the existing paragraph in its enti rety and re acing it with the following: A temporary use permit is require for all temporary ses listed in subsection B, above, unless specifically exempted. Tailgating d tailgate parking h d on home Iowa football game days do not require a Temporary Use P mit. Procedures for obt ining a permit are contained in Article 14 -8B of this Title, Administrativ Approval Procedures. c.) 14 -413-4 Approval Criteria. Amend the Iowa City Zoning Co \Title 4 -4D -4 to add additional approval criteria for football ame day commercial vending. H. Football Game Day ommercial Use 1. Display permit. V ndors must prominently display the permust be clearly viewable from the public r** ht -of -way. 2. Assignment and use by others. A vendor may not assign its spa a /permit to any other vendors. 3. Location. Vendors are only allowed to locate along the Melrose Avem�e street frontage between the Iowa Interstate Railway right -of -way and Melrose Circle. 4. Setup /Teardown. Vendors are not allowed to set up before 10:00 a.m. the day before game day and must tear down /remove all equipment and materials after each game. Ordinance No. Page 2 N O 5. Clean -up responsibility. All vendors must keep any area where they vencttter- free -and shall remove litt r from any adjacent public property /right -of -way. Vendors slk�roe a tr container wi unfilled capacity at all times. Vendors with liquid waste (oil, featse,-Ifey wafers etc.) must pro de disposal units for the waste. Commercial liquid waste s�ll'�iot l,placf'cTin gutters, port -a -j ns or on the ground. r- 4 6. No blocking of side alk /right -of -way. No vendor shall block or obstruct th meveme pedestrians or vehic s on a sidewalk, street, or other public right -of -way. Tents /stMnds must be set back at least 2�Pet from the back edge of public sidewalks. •, 7. Signage. Vendor signagd�,is only allowed on the vendor's stand /vehicle /tent and is not allowed on utility poles across the public sidewalk, on buildings or as yard signs. No electrically lit signs will be allowed. 8. Sales tax permit. Each vendor whose sales are subjec to sales tax must provide a copy of their sales tax permit. 9. Insurance /indemnification. All ven6prs must provide the City evidence of comprehensive general liability insurance of $500,00 per occurren e and $1,000,000 aggregate and must indemnify the City against all damages that may res It from the vendor's permitted temporary commercial use and /or the vendor's use of the publ' right -of -way. 10. Fire extinguishers. All vendors must prov e at I ast one five pound, 2A 10 BC extinguisher that is functional and accessible at all times 11. Health permits. All food vendors must secu necessary health permits from the Johnson County Department of Health and prom inen isplay the permit so it is clearly viewable from the public right -of -way. 12. Cooking tents. All tents used for cookin (regar ess of size) must be approved by the Fire Code /Building Official. Cooking tents wil be requir d to be separated from other tents, parked vehicles and lot lines. LP containers xceeding 9 pounds require approval from the Fire Code /Building Official. 13. Tent size. All tents and membran structures having n area in excess of 400 square feet shall not be erected or operated f any purpose witho first obtaining approval from the Fire Code /Building Official. 14. Alcohol. No alcohol is allowed be sold, dispensed or oth rwise made available to the public in conjunction with any tempo r ry commercial use. 15. Utility Location. Any tent and membrane structures u ing stakes or similar ground attachments must call the ity for utility location at least 24 h urs before setup. Vendors must comply with "one- call" util' y location requirements. 16. Violation of these provi ions. Any violation of the temporary use permit conditions will result in a civil citation and los of the temporary commercial use permit r a minimum of seven home games. The City als reserves the right to deny a temporary use permit for the same location for a minimum of ven home games. SECTION II. AMENDMENT. Article A: City Code Title 14, Chapter 9 is hereby amended as follows. Ordinance No. Page 3 a.) 14 -9A Definitions. Amend the Iowa City Zoning Code Title 14 -9A, Definitions, to add the definition of "tailgating ". Tailgating: A ho football game day informal social gathering that is non - commercial and may include eating and drinkieverages (alcoholic or non - alcoholic) as part f the activities. Temporary parking on unimproved surfaces located on private property is allowed during ailgate events. No alcohol is sold at a tailgate, nor is any admission fee charged, goods sold or given a ay, nor services provided for a fee. SECTION III. REPEALER. All ordinances and parts of ordi ances in conflict with the provisions of this Ordinance are hereby repealed:.. SECTION IV. SEVERABILITY. If any section, provision part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affec he validity of the Ordinance as a whole or any section, provision or part thereof not 4judged invalid or un onstitutional. SECTION V. EFFECTIVE DATE. \This Ordinance all be in effect after its final passage, approval and publication, as provided by law. \ Passed and approved this day d# 20 MAYOR ATTEST: CITY CLERK App oved by City Attorney's Office rl. ;7 -7 hisadm /ord /amend 14- 4D.doc c� �-� i ..-i; ce �r- CCn M :" as Prepared by: Douglas Boothroy, HIS, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5121 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 4, ENTITLED USE REGULATIONS, ARTICLE D, TEMPORARY USES, ADDING PROVISIONS TO ALLOW FOOTBALL GAME DAY COMMERCIAL USES AS A TEMPORARY USE ALONG MELROSE AVENUE AND AMENDING CHAPTER 9, ENTITLED DEFINITIONS, TO ADD THE DEFINITION OF TAILGATING. WHEREAS, it is deemed that, with appropriate permit approval criteria, football game day temporary commercial uses should be allowed along Melrose Avenue on Iowa home football game days; and WHEREAS, the Planning and Zoning Commission has recommended amending the zoning code to allow for football game day temporary commercial uses along Melrose Avenue; and WHEREAS, it is in the public interest to allow short-term temporary commercial uses along Melrose Avenue on Iowa football game days and establish regulations thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Article D: City Code Title 14, Chapter 4 is hereby amended as follows: a.) 14 -4D -2 Temporary Uses Allowed. Amend the Iowa City Zoning Code Title 14- 4 -D -2, Temporary Uses Allowed, to add the temporary use: L. Football Game Day Commercial Use b.) 14 -4D -3 Permit Required. Amend the Iowa City Zoning Code Title 14 -4D -3, Permit Required, by deleting the existing paragraph in its entirety and replacing it with the following: A temporary use permit is required for all temporary uses listed in subsection B, above, unless specifically exempted. Tailgating and tailgate parking held on home Iowa football game days do not require a Temporary Use Permit. Procedures for obtaining a permit are contained in Article 14 -8B of this Title, Administrative Approval Procedures. c.) 14 -4D-4 Approval Criteria. Amend the Iowa City Zoning Code Title 14 -4D -4 to add additional approval criteria for football game day commercial vending. H. Football Game Day Commercial Use 1. Display permit. Vendors must prominently display the permit and it must be clearly viewable from the public right -of -way. 2. Assignment and use by others. A vendor may not assign its space /permit to any other vendors. 3. Location. Vendors are only allowed to locate along the Melrose Avenue street frontage between the Iowa Interstate Railway right-of-way and Melrose Circle. 4. Setup/Teardown. Vendors are not allowed to set up before 10:00 a.m. the day before game day and must tear down /remove all equipment and materials after each game. Ordinance No. Page 2 5. Clean -up responsibility. All vendors must keep any area where they vend litter -free and shall remove litter from any adjacent public property /right -of -way. Vendors shall provide a trash container with unfilled capacity at all times. Vendors with liquid waste (oil, grease, grey water, etc.) must provide disposal units for the waste. Commercial liquid waste shall not be placed in gutters, port-a -johns or on the ground. 6. No blocking of sidewalk/right -of -way. No vendor shall block or obstruct the free movement of pedestrians or vehicles on a sidewalk, street, or other public right -of -way. Tents /stands must be set back at least 2 feet from the back edge of public sidewalks. 7. Signage. Vendor signage is only allowed on the vendor's stand /vehicle /tent and is not allowed on utility poles across the public sidewalk, on buildings or as yard signs. No electrically lit signs will be allowed. 8. Sales tax permit. Each vendor whose sales are subject to sales tax must provide a copy of their sales tax permit. 9. Insurance /indemnification. All vendors must provide to the City evidence of comprehensive general liability insurance of $500,000 per occurrence and $1,000,000 aggregate and must indemnify the City against all damages that may result from the vendor's permitted temporary commercial use and /or the vendor's use of the public right -of -way. 10. Fire extinguishers. All vendors must provide at least one five pound, 2A 10 BC extinguisher that is functional and accessible at all times. 11. Health permits. All food vendors must secure necessary health permits from the Johnson County Department of Health and prominently display the permit so it is clearly viewable from the public right -of -way. 12. Cooking tents. All tents used for cooking (regardless of size) must be approved by the Fire Code /Building Official. Cooking tents will be required to be separated from other tents, parked vehicles and lot lines. LP containers exceeding 96 pounds require approval from the Fire Code /Building Official. 13. Tent size. All tents and membrane structures having an area in excess of 400 square feet shall not be erected or operated for any purpose without first obtaining approval from the Fire Code /Building Official. 14. Alcohol. No alcohol is allowed to be sold, dispensed or otherwise made available to the public in conjunction with any temporary commercial use. 15. Utility Location. Any tents and membrane structures using stakes or similar ground attachments must call the City for utility location at least 24 hours before setup. Vendors must comply with "one- call" utility location requirements. 16. Violation of these provisions. Any violation of the temporary use permit conditions will result in a civil citation and loss of the temporary commercial use permit for a minimum of seven home games. The City also reserves the right to deny a temporary use permit for the same location for a minimum of seven home games. SECTION II. AMENDMENT. Article A: City Code Title 14, Chapter 9 is hereby amended as follows. Ordinance No. Page 3 a.) 14 -9A Definitions. Amend the Iowa City Zoning Code Title 14 -9A, Definitions, to add the definition of "tailgating ". Tailgating: A home football game day informal social gathering that is non - commercial and may include eating and drinking beverages (alcoholic or non - alcoholic) as part of the activities. Temporary parking on unimproved surfaces located on private property is allowed during tailgate events. No alcohol is sold at a tailgate, nor is any admission fee charged, goods sold or given away, nor services provided for a fee. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 120 MAYOR ATTEST: CITY CLERK Ap oved b /V City Attorney's Office h isadm /ord /amendl 4-4 D.doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 6/21/2011 Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5243 (REZ11- 00001) ORDINANCE NO. 11 -4433 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 23.22 ACRES OF PROPERTY LOCATED AT 2949 ROCHESTER AVENUE, FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) ZONE TO PLANNED DEVELOPMENT OVERLAY -LOW DENSITY SINGLE FAMILY (OPD -5) ZONE. (REZ11- 00001) WHEREAS, the applicant, Rochester Ridge LLC, has requested a rezoning of property located 2949 Rochester Avenue from Low Density Single Family Residential (RS -5) zone to Planned Development Overlay -Low Density Single Family Residential (OPD -5) zone; and WHEREAS, the owners, the Robert W. Stevens Revocable Trust and the Dorothy L. Stevens Revocable Trust, Shirley A. Connor, Judith Gabriel, Robert W. Stevens and James E. Stevens, have entered into a purchase agreement for said 23.22 acres with the Applicant WHEREAS, the Comprehensive Plan indicates that the area is appropriate for single family residential of a similar pattern as the surrounding developments with a potential location of open space in the southeast corner; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed zoning and found that the site has considerable sensitive natural features, including a regulated woodland, jurisdictional wetlands, steep and critical slopes, and a stream corridor; and WHEREAS, the Planning and Zoning Commission found that the disturbance to the sensitive natural features was warranted in order to provide for essential public improvements, such as stormwater management and streets to foster neighborhood connectivity and a reasonable level of infill development; and WHEREAS, the Planning and Zoning Commission has determined that it complies with the Comprehensive Plan provided it is developed according to a Wetland Mitigation Plan approved by U.S. Army Corps of Engineers and according to a long term maintenance plan for the combined wetland /stormwater detention area; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of RS -5 to OPD -5: BEGINNING AT THE SOUTHWEST CORNER OF LOT 313 OF OAKWOODS ADDITION PART 6; THENCE S88 °52'49 "W, 953.92 FEET; THENCE N00 °20'58 "W, 916.12 FEET; THENCE N75 °00'31 "E, 137.33 FEET; THENCE N70 °42'29 "E, 863.45; THENCE S00 °33'02 "E, 1218.30 FEET, TO THE POINT OF BEGINNING, CONTAINING 23.22 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 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. Ordinance No. 11 _441 Page 2 SECTION III. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement among the Owner(s), Applicant and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to 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 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 21st day of June , 20 11 ATTEST: CI -CLERK Approved by City Attorney's Office S,tr If Ordinance No. 11 -4433 Page 3 It was moved by Champion and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: -- Bailey x Champion x Dickens —X — Hayek x Mims x Wilburn -_ Wright First Consideration Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration 6/7/9011 Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Date published 6/29/201.1 Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5243 (REZ11- 00001) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), the Robert W. Stevens Revocable Trust and the Dorothy L. Stevens Revocable Trust, Shirley A. Connor, Judith Gabriel, Robert W. Stevens and James E. Stevens (hereinafter "Owners "), and Rochester Ridge, L.L.C. (hereinafter "Applicant "). WHEREAS, Owners are the legal title holder of approximately 23.22 acres of property located at 2949 Rochester Avenue, Iowa City, Iowa; and WHEREAS, Applicant has an equitable interest in said 23.22 acres by virtue of a purchase agreement with Owners; and WHEREAS, the Owners and Applicant have requested the rezoning of said property from Low Density Single Family Residential (RS -5) zone to Planned Development Overlay -Low Density Single Family Residential (OPD -5) zone; and WHEREAS, the Planning and Zoning Commission found that the site has considerable sensitive natural features, including a regulated woodland, jurisdictional wetlands, steep and critical slopes, and a stream corridor; and WHEREAS, the Planning and Zoning Commission found that the disturbance to the sensitive natural features was warranted in order to provide for essential public improvements, such as stormwater management and streets to foster neighborhood connectivity and a reasonable level of infill development; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the need for a Wetland Mitigation plan and a long term maintenance plan for the combined wetland /stormwater detention area, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owners and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for protection of sensitive natural features; and WHEREAS, the Owners and Applicant agree to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Owners are collectively the legal title holder of the property legally described as: BEGINNING AT THE SOUTHWEST CORNER OF LOT 313 OF OAKWOODS ADDITION PART 6; THENCE S88 °52'49 "W, 953.92 FEET; THENCE N00 020'58 "W, 916.12 FEET; THENCE N75 °00'31 "E, 137.33 FEET; THENCE N70 042'29 "E, 863.45; THENCE S00 033'02 "E, 1218.30 FEET, TO THE POINT OF BEGINNING, CONTAINING 23.22 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owners and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Northeast district plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as compliance with a Wetland Mitigation Plan approved by the U.S. Army Corps of Engineers and a long -term maintenance plan for the wetland /stormwater detention basin located on Outlot A. 4. The Owner, Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner, Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this .11 day of Uuy6 20/. CITY OF IOWA CITY :d � Matthew J. Hayek, Mayor Attest: ll Mari . Karr, City Clerk Approved by: 2 OWNER: Robert W. Stevens Revocable Trust BY: Shirley /. cannor, Trustee Dorothy L. Stevens Revocable Trust i BY: Shirley Adlonnor, Trustee v I-, 9 : � at City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) l ZZ Shirley A. Co nor Judith /GGJ/a�b�rielll Robert W. Stevens } d'a'mes E. Stevens APPLICANT Rochester Ridge, L.L.C. B This instrument was acknowledged before me on .,PF- 41 , 2011 by Matthew Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. oA�s SONDRAE FORT r Commission Number 159791 My Com ission Expires . ow 3 7 o2D Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) ROBERT W. STEVENS REVOCABLE TRUST ACKNOWLEDGEMENT State of. — Lecy�`'' (County) of �ohrzSD On this day of fi h- , 20d, this instrument was acknowledged before me by r/e W 6'onnoi, as Tr- stee of the Robert W. Stevens Revocable Trust. Notary Public in and for the State of�ww My commission expires: i 4111ttsxMil KELLIE K. TUTTLE Commi ssion Number 221819 My C miss' n Expires _ _ / 3 DOROTHY L. STEVENS REVOCABLE TRUST ACKNOWLEDGEMENT State of ... -��- (County) On this /fit day of 20/ � , this instrument was acknowledged before me by �j as Trustee of the Dorothy L. Stevens Revocable Trust. Notary Public in and for the State of My commission expires: w� s KELLIE K. TUTTLE Z r Commission Number 221819 INDIVIDUAL ACKNOWLEDGEMENT: k".• My issi �p'res STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of ✓2 , 20 J /, before me, the undersigned, a Not a Public in and for said County, i aid State, personally appeared h��l .A r-) o Y" , to me known to be the identical persons named in and o executed the within and foregoing instrument, and acknowledged that he/ the executed the same as his/ r their voluntary act and deed. Notary Public in and for the State of Iowa My commission expires: INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) KELLIE K. TUTTLE o :" = ,Comm ission Number 221819 My Com issi " Ex ires On this day of , 20 / / , before me, the undersigned, a No ry Public in and for said County, in d State, personally appeared ��c /iL z- ( `'7 r /�_. f , to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that he/ e he executed the same as his/ their voluntary act and deed. INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: Notary Public in and for the State of Iowa My commission expires El r KELLIE K. TUTTLE �° ; Commission Number 221819 My 71ros • et 'o JOHNSON COUNTY ) On this % a- day of 20 , before m the undersigned, a Notary Public in and for said County, ins Id State, personally appeared��P/ -,_S 77-e y-e r� S , to me known to be the identical person(s) named in and who executed the within and foregoing instrument, and acknowledged that e she /the executed the same as Is/ er /their voluntary act and deed. Notary Public in and for the State of Iowa My commission expires: INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) os�Qia< KELLIE K. TUTTLE Commission Number 221819 ,k P.ry Corpmis / n xpires On this / day of 20 before 71 t undersigned, a Not ' Public in and for said County, said State, personally appeared- ��l��f fib to me known to be the identical pers nLs) named in and who executed the within and foregoing instrument, and acknowledged that he she /the executed the same as (his /her /their) voluntary act and deed. �PR1At s TIMOTHY C. BERNEMANN o y Commission Number 747091 _* My Commission Expires lowP August 23, 2012. Notary Public in ang for the State of Iowa My commission expires: LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this -42?4� day of � A.D. 20 ) / , before me, the undersigned, a Notary Pub is in and forr the State of Iowa, personally appeared -- (if C `f. 'IQ , to me personally known, who being by me duly sworn, did say that the -person is /� rn 6e_� (title) of _: OOG ies r / / L-C ,and that said instrument was signed on behalf of the said limited liability ompany by authority of its managers and the said me'-x_. T acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: �m K m EisLsLioIE n , KNiJus. Tmio U beTEr Tx 2Lp2' E 1e 8s 19 5 + , M� Prepared by: Tabatha Ries - Miller, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. 11 -4434 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 10.39 ACRES LOCATED AT 1725 NORTH DODGE STREET OWNED BY THE PRESS - CITIZEN COMPANY FROM RESEARCH DEVELOPMENT PARK (RDP) TO NEIGHBORHOOD PUBLIC (P -1). (REZ11- 00006) WHEREAS, the North Dodge Partners, L.L.C. is the legal title holder of the property located at 1725 N. Dodge Street; and WHEREAS, Iowa City School District is in the process of purchasing the subject property and intends to use the property for the central administrative office, School Board meeting location, food service area and other uses related to the School District; and WHEREAS, Section 14-2F-1B(1) of the Zoning Ordinance states that uses such as schools, parks, police and fire stations, and other civic buildings owned or otherwise controlled by the County, the City, or the Iowa City Community School District for such uses will be designated as P -1, Neighborhood Public Zones; and WHEREAS, the applicants, North Dodge Partners, L.L.C. and Iowa City School District, have requested a rezoning of the subject property from Research Development Park (RDP) to Neighborhood Public (P -1); and WHEREAS, the Comprehensive Plan identifies Dodge Street as a main entranceway corridor into Iowa City and proposes that development in the area maintain and enhance the area's appearance; and WHEREAS, the Comprehensive Plan identifies the need for preserving the area's environmentally sensitive features and natural beauty. The Plan recommends that development occur with consideration of ecological features, such as protecting critical wildlife habitats, natural terrain, and future green space; and WHEREAS, the subject property contains steep, critical, and protected slopes; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that, with appropriate conditions regarding preserving the site's environmental sensitive features and maintaining an attractive entrance to the city, the requested zoning complies with the Comprehensive Plan; WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request over and above existing regulations in order to satisfy public needs caused by the requested change; and WHEREAS, Owner has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property legally described as Lot 1, Press - Citizen Addition, Iowa City, Iowa, according to the plat thereof recorded in Book 43, Page 311, Plat Records of Johnson County, Iowa, is hereby reclassified from its current zoning designation of Research Development Park (RDP) to Neighborhood Public (P -1). SECTION II. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner, the applicants, and the City, following passage and approval of this Ordinance. 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. Upon passage and approval of the Ordinance, 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 City's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Ordinance No. _I1-4A"4 Page 2 of 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 21st'dayof June '2011. IA4 MAYOR Approved by City Attorney's Office �/ ATTEST: CITY S-6€RK Ordinance No. 11 -4434 Page 3 It was moved by Bailey and seconded by Mims that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: _ x Bailey x Champion �_ Dickens x Hayek x Mims Wilburn x x Wright First Consideration 5/17/2011- Voteforpassage: AYES: Dickens, Hayek, Mims, Wright, Bailey, Champion. NAYS:None. ABSENT: None. ABSTAIN: Wilburn. Second Consideration 6/7/2011 Vote for passage: AYES: Dickens, Hayek, Mims, Wright, Bailey, Champion. NAYS: None. ABSENT: None. ABSTAIN: Wilburn Date published 6/29/2011 Prepared by: Tabatha Miller, Planning Intern, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ11- 00006) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), North Dodge Partners, LLC (hereinafter "Owner "), and Iowa City Community School District (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approximately 10.39 acres of property located at 1725 N. Dodge Street; and WHEREAS, the Owner and Applicant have requested the rezoning of said property from Research Development Park (RDP) to Neighborhood Public Zone (P -1); and WHEREAS, the Comprehensive Plan identifies Dodge Street as a main entranceway corridor into Iowa City and proposes that development in the area maintain and enhance the area's appearance. WHEREAS, the Comprehensive Plan identifies. the need for .preserving the area's environmentally sensitive features and natural beauty. The Plan recommends that development occur with consideration of, ecological features, such as protecting critical wildlife habitats, natural terrain, and future green space. WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding preserving the site's environmental sensitive features and maintaining an attractive entrance to the city, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code.. §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and Sensitive Areas Ordinance, and the need for neighborhood compatibility, protection of natural slopes, and the enhancement of the Dodge Street Corridor as an entryway into the city; and WHEREAS, the Owner and Applicant agree to develop this property in accordance with the. terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. North Dodge Partners, LLC is the legal title holder of the property legally described as Lot 1, Press - Citizen Addition, Iowa City, Iowa, according to the plat thereof recorded in Book 43, Page 311, Plat Records of Johnson County, Iowa. 2. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa ppd8dmlagttrez1 l -00006 conditional zoning agreement.doc 1 Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. in consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Any exterior additions to or redevelopment of the existing building will be contained within the area identified as "APPROXIMATE AREA OF PHASE II LANDSCAPING BY BLDG. CONTRACTOR" on page C8 of the Site Development Plan for the Iowa City Press - Citizen Office and Production Facility, Iowa City 1989, attached hereto as Exhibit A and incorporated herein by this reference. b. Any future development will be reviewed for general compliance with the Landscape Plan shown on Exhibit A. c. Any future site plan will be sensitive to the site's steep, critical, and protected slopes, with protected slopes preserved and buffered as required by the Sensitive Areas Ordinance. 4. The Owner and Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land; and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this a/ `day of �uia E , 20 I j_. CITY OF IOWA CITY Owner: j North a s, LLC 4N n —� ppdadmlagt/rez77 -00006 conditional zoning agreement.doc 2 Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved by: City Attorney's Office l tj Ii 31 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA } ) ss: JOHNSON COUNTY ) 5� On this d/ day of --JuA before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek 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 its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ,S A SONDRAE FORT z° t Commission Number 159791 My Commission Expires IS North Dodge Partners, L.L.C.: STATE OF IOWA } ) ss: JOHNSON COUNTY ) S"dnak- F.-4 Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) On this � day of Mrs 20 i I , before me, the undersigned, a Notary Public in and for the State of Iowa, pe sonally appeared _Vej: � .01 c,,,r, , to me personally known, who being by me duly sworn, did say that the person is t'Y\ a ") n ,,,- (title) of North Dodge Partners, LLC, and that said instrument was signed on b alf of the said limited liability company by authority of its managers and the said limited liability company acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. ppdadmlagUrezl 1 -00006 conditional zoning agreement.doc 3 NdIMW 9W • �► Notary ublic in and for said County and State CpM111ilbn No. 726808: MyComrniWpC" FpbW OZ 2013 (Stamp or Seal) Title (and Rank) Iowa City Community School District: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 16 day of MaA4 20 WI b ore me, un ersigned, a Notary Public in and for the State of Iowa, p rsonally appeared 1� ?i/�s , to me ne TQ rsonally own, Who being by me duly sworn, did say that the person is 6 � pit Wes I o6.6414- (title) of the Iowa City School District, and that said instrument was signed on behalf of the said school corporation by authority of its managers and the said school corporation acknowledged the execution of said instrument to be the voluntary act and deed of said school corporation by it voluntarily executed. K!M J.J. C�iY MC yy cim �iow E at Notary PublicQjand for said County and State (Stamp or Seal) Title (and Rank) ppdadm/agUrez11 -00006 condilional zoning agreemenl.doc 4 Cs K^ t , ff.- FrAl Ilk Id. U5.4- � UN I gp �s - I gp Prepared by: Ed Moreno, Public Works, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5162 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 16, CHAPTER 3, CONNECTION TO DISTRIBUTION MAIN, ARTICLE C, SECTION 3. WHEREAS, the Water Division recommends amending the City Ordinanc – Section 16 -3C -3 to address water service main nance and shutoff issues to multi - family units with my one stop box and multiple meters and to allow ore flexibility for the owner with regard to the billin for existing multi - family units with no common utility sp ce; and WHEREAS, any agreements e tered into between the Public Works Director an owners of existing multi- family units without a common u 'lity space should address access, liability and bil ng concerns. NOW, THEREFORE, BE I ORDAINED BY THE CITY COUNCIL OF HE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. end Iowa City code of Ordinance 16- -3 "Connection to Distribution Water Main" accordingly: 1. Delete 16- 3C- 3(B)(5)(b) in its ent \rety and replace with the b. if an existing building is modifiey to provide two (2) or more d al purpose water meters and is served by only one service line and one utside stop box, the ac co nt holder shall provide a common utility space with outside access. 2. Add the following subsection to 16 -3C- (B)(5): c. For those buildings so modified be een January 30, 996 and July 1, 2011, where no common utility space with outside access is available, the account(s) ttributable to the stop box shall be placed in the property owner's name, unless otherwis agreed upo in writing by the Public Works Director. SECTION III. REPEALER. All ordinanc s and Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any sects n, invalid or unconstitutional, such adjudication sh I section, provision or part thereof not adjudged inv is SECTION V. EFFECTIVE DATE. This Or in publication, as provided by law. Passed and approved this day of of ordinances in conflict with the provisions of this -ovision or part of the Ordinance shall be adjudged to be t affect the validity of the Ordinance as a whole or any or unconstitutional. -e shall be in effect after its final passage, approval and r� MAYOR % ATTEST: CITY CLERK i Approved by _ N O Ci y Attorney's Office C-) —t c-a hisadm /ord /amendl4- 4D.doc �...,, Prepared by: Ed Moreno, Public Works, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5162 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 16, CHAPTER 3, CONNECTION TO DISTRIBUTION MAIN, ARTICLE C, SECTION 3. WHEREAS, the Water Division recommends amending the City Ordinance — Section 16 -3C -3 to address water service maintenance and shutoff issues to multi - family units with only one stop box and multiple meters and to allow more flexibility for the owner with regard to the billing for existing multi - family units with no common utility space; and WHEREAS, any agreements entered into between the Public Works Director and owners of existing multi- family units without a common utility space should address access, liability and billing concerns. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Amend Iowa City code of Ordinance 16 -3C -3 "Connection to Distribution Water Main" accordingly: 1. Delete 16- 3C- 3(B)(5)(b) in its entirety and replace with the following: b. If an existing building is modified to provide two (2) or more dual purpose water meters and is served by only one service line and one outside stop box, the account holder shall provide a common utility space with outside access. 2. Add the following subsection to 16- 3C- 3(B)(5): c. For those buildings so modified between January 30, 1996 and July 1, 2011, where no common utility space with outside access is available, the account(s) attributable to the stop box shall be placed in the property owner's name, unless otherwise agreed upon in writing by the Public Works Director. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 20 MAYOR ATTEST: CITY CLERK Approved by WCiyttorney's Office y- 3J hisadm /ord /amend 14- 4D.doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 6/21/2011 Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published �'_, ---E CITY OF IOWA CITY 11 MEMORANDUM DATE: 6/14/2011 TO: CITY COUNCIL FROM: SUSAN DULEK, Asst. City Attorney RE: TABLES AND SOUND IN CITY PLAZA As a result of the discussion at the June 7 Council meeting, the ordinance has been revised in three places. First, the limitation on the total number of "information tables" to be placed on City Plaza (aka the ped mall) has been eliminated. Second, the location of the information tables has been expanded to include the area along the outdoor service area of the Sheraton Hotel at 210 S. Dubuque Street. The area in Black Hawk Mini Park has been further defined as the area next to the planter that runs along the western side of the building presently housing the Artisans Gallery at 207 E. Washington Street. Keeping the tables next to the planter and the outdoor service area prevents obstructions to the free flow of pedestrian traffic. Additional detail regarding the tables will be in rules established by the City Manager as provided in Section 10 -5 -9 of the City Code. Third, a definition of "amplified sound" has been added. The definition is "sound that is increased in intensity and duration by electrical, electronic, mechanical other nonhuman means." This definition is already in the City Code at section 6 -4 -2. Staff recommends expedited consideration. Copy to: Thomas J. Markus, City Manager Dale E. Helling, Assistant City Manager Eleanor M. Dilkes, City Attorney Marian K. Karr, City Clerk Kathi Johansen, Administrative Assistant Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 ORDINANCE NO. 11 -4435 ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY, CHAPTER 4, ENTITLED, "NOISE CONTROL," AND TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTERS 1 AND 5, TO ESTABLISH A PERMIT SYSTEM FOR AMPLIFIED SOUND ON CITY PLAZA, TO ESTABLISH A PERMIT SYSTEM FOR INFORMATION TABLES ON CITY PLAZA, AND TO ALLOW CERTAIN PUBLIC ASSEMBLY /PARADE PERMITTEES TO SELL GOODS AND SERVICES AND USE AMPLIFIED SOUND. WHEREAS, regulating the public right -of -way by commercial businesses ensures the safe movement of pedestrians and fair commercial use of the right -of -way; WHEREAS, limiting commercial activity on City Plaza supports the downtown merchants and enhances the economic vitality of the downtown; WHEREAS, limitations on selling goods and services and placing tables on City Plaza should be consistent with the limitations on soliciting, a /k/a panhandling; WHEREAS, limiting amplified sound to Black Hawk Mini Park and the stage south of the fountain eliminates the need for electrical cords to be placed on City Plaza and enhances the free flow of pedestrian traffic; and WHEREAS, it is in the City's interest to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled "Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 2, entitled "Permit and Compliance Required," is hereby amended by adding the following new Subsections E and F as follows: E. No parade or public assembly permittee may sell a good or a service unless the event: a) reasonably expects to draw more than 500 persons or occupy a substantial area within City Plaza or a similar area within the downtown; and b) is a community -wide attraction that supports the economic vitality of the downtown. Downtown is defined in section 8 -5 -2 of this code. F. No parade or public assembly permittee may use amplified sound unless it either meets the criteria set forth in Subsection E above or a business located in the downtown obtains a permit for musicians to perform on the sidewalk in front of the business. Amplified sound is defined in section 6 -4 -2 of this code. 2. Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City Plaza," Section 7, entitled "Use of City Plaza," is hereby amended by adding the following new Subsections H and I: H. The City Manager or designee is authorized to issue a permit for amplified sound, as defined in section 6 -4 -2 of this code, on City Plaza subject to the following conditions: 1. Use is limited to 12:00 p.m. to 1:00 p.m. and 5:00 p.m. to 9:30 p.m. on Mondays through Fridays and 10:00 a.m. to 9:30 p.m. on Saturdays and Sundays; 2. The location is limited to Black Hawk Mini Park and the stage south of the fountain; 3. No sale, transfer, or assignment of the amplified sound permit is allowed without written consent of the City; 4. No sign or advertisement is allowed except for a sign identifying the permittee; 5. The City Manager or designee shall grant the permit if the applicant has fully completed the application. If the permit is denied, the City Manager or designee shall state the reasons therefore within three (3) working days of the application being filed. 6. The City Manager or designee may revoke the permit if: a. It is determined that the permittee has misstated any material fact in the application; b. There is a substantial and material variance between the information in the application and the actual facts or those facts which appear reasonably to have occurred; or c. The permittee is operating in violation of the terms and conditions of the permit or local, state, or federal law. 7. The process for appeals of a denial or revocation of the permit shall be the same as for a parade /public assembly permit. No person shall use amplified sound in City Plaza except as authorized in this Title. Ordinance No. Page 2 11 -4435 3. Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City Plaza," Section 8, entitled "City Plaza Use Permits," is hereby amended by adding the following new Subsection D: The City Manager or designee is authorized to grant a permit for the placement of an information table in City Plaza subject to the following conditions: 1. The location is limited to an area demarcated by the City Manager adjacent to the planter on the eastern edge of Black Hawk Mini Park and adjacent to the outdoor service area of 210 S. Dubuque Street. 2. The size of the table shall not exceed three feet (T) by three feet (3'). 3. Soliciting as defined in section 8 -5 -2 of this code is prohibited. 4. The purpose of the table is limited to providing non - commercial information to the general public. Information containing commercial and non - commercial information is allowed if the commercial information is characteristically intertwined with non - commercial information. Non - commercial information is information that is of public concern or that conveys political, social, religious, or philosophical messages. Commercial information is information proposing the exchange of goods or services for money or other consideration. 5. Commercial activity is prohibited. 6. Goods or services cannot be provided or demonstrated. Collection of signatures incident to provision of information, including but not limited to gathering signatures for a petition or registering persons to vote, shall not be considered a service. 7. The City Manager or designee shall grant the permit if the applicant has fully completed the application. If the permit is denied, the City Manager or designee shall state the reasons therefore within three (3) working days of the application being filed. 8. The City Manager or designee, or the City Council if issued following an appeal, may revoke a permit if: a. It is determined that the permittee has misstated any material fact in the application; b. There is a substantial and material variance between the information in the application and the actual facts or those facts which appear reasonably to have occurred; or c. The permittee is operating in violation of the terms and conditions of the permit or local, state, or federal law. 9. The process for appeals of a denial or revocation of the permit shall be the same as for a parade /public assembly permit. 4. Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City Plaza," Section 2, entitled "Definitions," is hereby amended by adding the following new definition: Commercial: The exchange of goods or services for money or other consideration. 5. Title 6, entitled "Public Health and Safety," Chapter 4, entitled "Noise Control," Section 5, entitled "Exceptions to Provisions," is hereby amended by adding a new Subsection N as follows: Any person emitting sound pursuant to a permit under Title 10 of this code. 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 21stday of June , 2011. MAYOR A�prove ATTEST: CITY CL City Attorney Ordinance No. L i -4435 Page 3 It was moved by Wilburn and seconded by Bailey that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion -x_ Dickens x Hayek x Mims x Wilburn x Wright First Consideration 6 ' /7/2011 Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration ------ - - - - -- ---- - - - - -- Vote for passage: Date published 6/29/2011 Moved by Wilburn, seconded by Champion, 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: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims. NAYS: None. ABSENT: None. I CITY OF C7IIVA CITY Z_j ZZ ®,, D U M 12 E�� RAC Date: June 10, 2011 To: City Council From: Eric Goers, Assistant City Attorney Re: Fireworks Ordinance Question presented: Aren't fireworks already illegal under State Code? Answer: Only their use, not their possession. Discussion: Iowa Code Section 727. 2(2) states that any businesses or individual, "who offers for sale, exposes for sale, sells at retail, or uses or explodes any fireworks, commits a simple misdemeanor." What it does not prohibit is the possession of fireworks. Our present code, through adoption and amendment to the International Fire Code, and proposed code, through the ordinance presently under consideration, prohibits possession. From an enforcement perspective, possession is an important component. Without it, officers might see fireworks exploding overhead, track their flight paths to a shoot location, find an individual or group with a large pile of fireworks, and not be able to prove a violation, as the officer didn't see anyone actually use or explode the fireworks. Under City code, the officer finds the fireworks and writes a citation for the possession alone, resolving the problem. In addition, under City code, the fireworks can be seized as evidence, preventing further violations as soon as the officer leaves. Should you have any further questions, please do not hesitate to contact me. CC: Tom Markus, City Manager Dale Helling, Assistant City Manager Eleanor Dilkes, City Attorney Marian Karr, City Clerk Sam Hargadine, Police Chief Jim Steffen, Police Captain Andy Rocca, Fire Chief Roger Jensen, Deputy Fire Chief John Grier, Fire Marshal U / a-• Prepared by Eric R. Goers, Asst. City Attorney and Marie Sullivan, City Attorney Legal Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030. ORDINANCE NO. 11 -4436 AN ORDINANCE AMENDING TITLE 8, POLICE REGULATIONS, CHAPTER 5, MISCELLANEOUS OFFENSES, TO ADD A NEW SECTION 12, ENTITLED "FIREWORKS." WHEREAS, the City presently prohibits most use of fireworks, but only through adoption of, and amendment to, the International Fire Code; and WHEREAS, the Iowa City Police Department wishes to have a stand -alone ordinance; and WHEREAS, the City desires to encourage fire safety and abate nuisances by controlling the use and possession of fireworks; and WHEREAS, the City finds that this ordinance is necessary to preserve the public health, safety, and welfare by specifying certain regulations and requirements for the use, possession, sale and display of fireworks in the City of Iowa City; and WHEREAS, it is in the best interest of the City to adopt this amendment. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: SECTION I. AMENDMENTS. 8 -5 -12: FIREWORKS: A. Definition: The term 'fireworks" includes any explosive composition, or combination of explosive substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and includes, but is not limited to, blank cartridges, firecrackers, torpedoes, skyrockets, roman candles, or other products of like construction and fireworks containing any explosive or flammable compound, or other device containing any explosive substance. The term "fireworks" does not include goldstar- producing sparklers on wires which contain no magnesium or chlorate or perchlorate, flitter sparklers in paper tubes that do not exceed one - eighth of an inch in diameter, toy snakes which contain no mercury, or caps used in cap pistols. B. Prohibitions: It shall be unlawful for any person, firm, partnership, or corporation to possess, store, offer for sale, expose for sale, sell as retail, or use or explode any fireworks within the corporate limits of the City of Iowa City. C. Exception: Nothing in this section shall be construed to prohibit any resident wholesaler, dealer, manufacturer, or jobber to sell at wholesale such fireworks as are not prohibited in this article or the sale of any kind of fireworks, provided the fireworks are to be shipped directly out of state, or the sale or use of blank cartridges for a show or the theater, or for signal purposes in athletic sports or by railroads or trucks, for signal purposes, or by a recognized military organization, or for use in Ordinance No. 11 -4436 Page 2 military funerals. Provided further, this section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes. D. Permit: Subsection 8.5.12(B) shall not apply to any fair associations, amusement parks, and other organizations or groups of individuals who have applied in writing and have received written permission for the display of fireworks from the Fire Marshal of the City of Iowa City when the fireworks display will be handled by a competent operator. Sales of fireworks for such display may be made for that purpose only. E. Seizure of fireworks: The code official or authorized official shall seize, take, remove or cause to be removed at the expense of the owner all fireworks possessed, stored, offered for sale, exposed for sale, sold as retail, or held in violation of this section. F. Penalty: Any person, firm, partnership or corporation found in violation of the provisions of this section shall be guilty of a simple misdemeanor. Each day that a violation is allowed to continue shall constitute a separate and distinct violation. 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 upon publication. Passed and approved this 21st day of .Tun 2011. — —s ATTEST: I Y CLERK Approved by City Attorney's Office Ordinance No. 11 -4436 Page 3 It was moved by Bailey and seconded by Wright that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek X Mims x_ Wilburn x Wright First Consideration 6/7/2011 Vote for passage: AYES: Mims, Wilburn, Wright, Bailey, Champion, Dickens, Hayek. NAYS: None. ABSENT: None. Second Consideration --------------- - - - - -- Vote for passage: Date published 6/29/2011 Moved by Bailey, seconded by Champion 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 on for final passage at this time. AYES: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. [SAYS: None. ABSENT: None.