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HomeMy WebLinkAbout2013-10-15 Ordinance11177 9 -= 4b Prepared by: Robert Miklo, Senior Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ13- 00020) ORDINANCE NO. 13 -4558 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 2.19 ACRES LOCATED NORTH OF DODGE STREET COURT, EAST OF CONKLIN LANE, AND SOUTH OF DODGE STREET FROM COMMUNITY COMMERCIAL (CC -2) TO LOW DENSITY MULTIFAMILY (RM -12). (REZ13- 00020) WHEREAS, the owner, Southgate Development Company, Inc., has requested a rezoning of property located north of Dodge Street Court, east of Conklin Lane and south of Dodge Street from Community Commercial (CC -2) to Low Density Multifamily (RM -12); and WHEREAS, the Comprehensive Plan - North District Plan indicates that residential uses are appropriate for the property if mixed use development is not possible; and, WHEREAS, the North District Plan indicates that the design of any development on this property should be compatible with the adjacent residential neighborhood; and, WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it' complies with the Comprehensive Plan provided that it meets conditions addressing the need for neighborhood compatibility and building and site design, pedestrian access, stormwater drainage, and improvements to Dodge Street Court; 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 applicant has 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 CC -2 to RM -12: LEGAL DESCRIPTION A PORTION OF LOT 3, JACOB RICORD'S SUBDIVISION, LYING IN THE NORTHEAST ONE - QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., IOWA CITY, JOHNSON COUNTY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: AUDITOR'S PARCEL 2005024 COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE - QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY; IOWA; THENCE S00 °35'41 "W, 526.30 FEET; THENCE N89 056'46 "E, 45.47 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND SHOWN ON AN ACQUISITION PLAT RECORDED IN BOOK 3672 AT PAGE 954 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER AND THE POINT OF BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT -OF -WAY LINE OF IOWA STATE HIGHWAY NO. 1; THENCE CONTINUING N89 °56'46 "E, 0.86 FEET TO Ordinance No. 13 -4558 Page 2 A 1 INCH PIPE ON SAID SOUTHEASTERLY RIGHT -OF -WAY LINE; THENCE N57 000'09 "E, ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE, 235.37 FEET; THENCE N57 013'00 "E, ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE, 125.69 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 3 OF JACOB RICORD'S SUBDIVISION, IOWA CITY, JOHNSON COUNTY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 16 AT PAGE 34 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE N88 °04'36 "E, ALONG SAID NORTHERLY LINE, 72.19 FEET; THENCE S00 012'49 "W, 334.12 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 3; THENCE S89 °59'21 "W, ALONG SAID SOUTHERLY LINE, 81.66 FEET; THENCE N01 °14'32 "E, 10.00 FEET; THENCE S89 059'21 "W, 324.64 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF A TRACT OF LAND SHOWN ON AN ACQUISITION PLAT RECORDED IN BOOK 3672 AT PAGE 955 IN SAID RECORDER'S RECORDS; THENCE N00 °42'29 "E, ALONG SAID SOUTHERLY EXTENDED LINE AND ALONG SAID EASTERLY LINE, 106.01 FEET TO A POINT ON SAID SOUTHEASTERLY RIGHT -OF -WAY LINE OF IOWA STATE HIGHWAY NO. 1; THENCE N57 002'22 "E, ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE, 35.72 FEET TO THE POINT OF BEGINNING, CONTAINING 2.19 ACRES AND IS 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. 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. 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 15th day of October _,2013. ATTEST: CI eLERK Approved by City Attorney's Office �1 % 6 Ordinance No. 13 -4558 Page 3 It was moved by Champion and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 9/17/2013 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration i n / 0 LI 1-1 Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Throgmorton, Champion. NAYS: None. ABSENT: Payne. Date published 10/24/13 Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ13- 00020) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), Kobrin Development Company Inc., f /k/a as Southgate Development Company, Inc. (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 2.19 acres of property located north of Dodge Street Court, east of Conklin Lane and south of Dodge Street; and WHEREAS, the Owner has requested the rezoning of said property from Community Commercial (CC -2) to Low Density Multifamily (RM -12); and WHEREAS, the Planning and Zoning Commission has determined that, with_ appropriate conditions regarding neighborhood compatibility and building and site design, pedestrian access, stormwater drainage, and improvements to Dodge Street Court, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2013) 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 acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for compatibility with the surrounding neighborhood; and WHEREAS, the Owner agrees 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. Kobrin Development Company Inc. is the legal title holder of the property legally described as: LEGAL DESCRIPTION A PORTION OF LOT 3, JACOB RICORD'S SUBDIVISION, LYING IN THE NORTHEAST ONE - QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., IOWA CITY, JOHNSON COUNTY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: AUDITOR'S PARCEL 2005024 COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE - QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, ppdadm/agtlrez13 -M0 conditional zoning agreementdoc JOHNSON COUNTY, IOWA; THENCE S00 035'41 "W, 526.30 FEET; THENCE N89 °56'46 "E, 45.47 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND SHOWN ON AN ACQUISITION PLAT RECORDED IN BOOK 3672 AT PAGE 954 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER AND THE POINT OF BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT -OF -WAY LINE OF IOWA STATE HIGHWAY NO. 1; THENCE CONTINUING N89 056'46 "E, 0.86 FEET TO A 1 INCH PIPE ON SAID SOUTHEASTERLY RIGHT -OF -WAY LINE; THENCE N57 000'09 "E, ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE, 235.37 FEET; THENCE N57 013'00 "E, ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE, 125.69 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 3 OF JACOB RICORD'S SUBDIVISION, IOWA CITY, JOHNSON COUNTY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 16 AT PAGE 34 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE N88 004'36 "E, ALONG SAID NORTHERLY LINE, 72.19 FEET; THENCE S00 °12'49 "W, 334.12 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 3; THENCE S89 059'21 "W, ALONG SAID SOUTHERLY LINE, 81.66 FEET; THENCE N01 014'32 "E, 10.00 FEET; THENCE S89 059'21 "W, 324.64 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF A TRACT OF LAND SHOWN ON AN ACQUISITION PLAT RECORDED IN BOOK 3672 AT PAGE 955 IN SAID RECORDER'S RECORDS; THENCE N00 042'29 "E, ALONG SAID SOUTHERLY EXTENDED LINE AND ALONG SAID EASTERLY LINE, 106.01 FEET TO A POINT ON SAID SOUTHEASTERLY RIGHT -OF -WAY LINE OF IOWA STATE HIGHWAY NO. 1; THENCE N57 002'22 "E, ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE, 35.72 FEET TO THE POINT OF BEGINNING, CONTAINING 2.19 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the North district plan. Further, the parties acknowledge that Iowa Code §414.5 (2013) 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 agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Multi- family Development, other than townhouse style, shall not occur within 80 feet of Dodge Street Court right -of -way; development within 80 feet of Dodge Street Court right -of -way will be limited to single family, duplex or townhouse style dwelling units; b. Approval of a development plan, including a landscaping plan, building designs, and site plan by the Design Review Committee and the Planning and Zoning Commission, to ensure compatibility with adjacent residential properties and appropriate development appearance for an entranceway to the city, shall be required prior to approval of a building permit; c. If development on this property has vehicular access to Dodge Street Court, the developer shall install improvements needed to bring the street up to City standards to the point of access (driveway location) prior to issuance of a building permit; and d. Owner shall dedicate sufficient land along the entire property frontage to widen the Dodge Street Court right -of -way to 50 feet prior to approval of site plan or building permit. ppdadMagNrez13 -00020 conditional tuning agreement.doc 2 e. Owner shall install sidewalks along the Conklin Lane and Dodge Street Court frontages, and provide pedestrian connections from the development to the sidewalk on Dodge Street prior to issuance of a certificate of occupancy; f. Development on the subject properties shall be designed to drain on -site storm water away from Dodge Street Court. The City Engineer shall review and approve the drainage plan prior to approval of a site plan or building permit. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner 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 acknowledge(s) 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 Owner's expense. Dated this 15th day of October , 2013. CITY OF IOWA CITY A Matthew Hayek, Mayor Attest: �i Marian Karr, City Clerk Kobrin Development Company Inc. ?Brl�ep T. Braverman, Preside ppdadnVagt1rez13 -00020 conditional zoning agreement.doc 3 Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 6;iJoAP" r I b , 2013 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) �rRia4,n KELLIE K. TUTTLE ° Commission Number 221819 My Co miss' n Expires low 4 CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 5 PfGmr3El2 (I , 2013 by Joseph T. Braverman as President of Kobrin Development Compan 1 Inc. 00011011"ftfts Notlhlllc in and for said Co my and State �!. 0, 9lip s (Stamp or Seal) ppdadWagVm13 -00020 condifional zoning egreementdoc 4 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 ORDINANCE NO. 13 -4559 ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 1, ENTITLED "PARADES AND PUBLIC ASSEMBLIES," TO LESSEN THE INSURANCE AND INDEMNIFICATION PROVISIONS AND MAKE THEM CONSISTENT WITH THE PERMIT FEE REQUIREMENTS. WHEREAS, Section 10 -8 -1 requires that applicants for parade /public assembly permits provide insurance if the event is in the street or if equipment and other items are placed on the sidewalk, city plaza, or in a park; WHEREAS, events in which less than one block is closed, even if equipment or other items are placed on the street, and which last under six hours, pose less risk to the City than events that take place over multiple blocks and that last more than six hours; WHEREAS, applicants required to pay a permit fed should also be required to have insurance and indemnify the City; 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. Title 10, entitled "Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 3, entitled "Application for Permit," is hereby amended by deleting Subsection B13 and B14 and substituting the following in lieu thereof: B13. If the parade or public assembly requires equipment, cables, objects, structures, or similar items to be placed on city plaza, on a sidewalk, or in a park or if it lasts more than six hours or if it is held on a street and requires the closure of more than one block, the applicant shall agree to pay on behalf of the city all sums which the city shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind resulting from use of public property and the public right of way, whether sustained by any person or persons, caused by accident or otherwise and shall defend at its own expense and on behalf of the city any claim against the city arising out of the use of public property and the public right of way. Block means the area on the street in a residential zone between two intersections or between an intersection and the stub /termination of a street or 500 feet in a nonresidential zone. The indemnification requirement may be waived if applicant demonstrates inability to indemnify. B14. If the parade or public assembly requires equipment, cables, objects, structures, or similar items to be placed on city plaza, on a sidewalk, or in a park or if it lasts more than six hours or if it is held on a street and requires the closure of more than one block, insurance is required in the reasonable amount necessary to minimize risk of harm to persons and property based on the nature and size of the event, as determined by the city's risk manager. Block means the area on the street in a residential zone between two intersections or between an intersection and the stub /termination of a street or 500 feet in a nonresidential zone. The speech content of the parade or public assembly shall not be a factor in determining the amount of insurance. The insurance requirement may be waived if applicant demonstrates inability to obtain insurance or to pay the cost of insurance. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 15th day of October , 2013. ATTEST: CITY CLE a A 7�11� '�- as- -13 City Attorney Ordinance No. 13 -4559 Page 2 It was moved by Mims and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 10/01/13 Vote for passage: AYES: Payne, Throgmorton, CHampion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration - Vote for passage: Date published 10/24/13 Moved by Mims, seconded by Dobyns, 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 abd the ordinance be voted upon for final passage at this time. AYES: Dickens, Dobyns, Hayek, Mims, Payne,Throgmorton. NAYS: None. ABSENT: None. Prepared by: Stefanie Bowers, Human Rights Coord, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5022 ORDINANCE NO. 13 -4560 ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN RIGHTS," CHAPTER 3, ENTITLED "DISCRIMINATORY PRACTICES," TO EXEMPT CERTAIN PUBLIC ACCOMMODATIONS FROM AGE DISCRIMINATION CLAIMS. WHEREAS, the City Code presently protects individuals of any age in places of public accommodation; WHEREAS, such protection currently does not account for developmental differences of persons based on age, such as a public accommodation that requires all individuals less than 8 years of age who use the pool to be accompanied by an individual 18 years of age or older due to safety concerns: WHEREAS, such protection currently does not allow for alcohol establishments to place restrictions on entry based on age, and WHEREAS, it is in the best interest of the City to adopt these amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 2, entitled "Human Rights," Chapter 3, entitled "Discriminatory Practices," Section 2, entitled "Public Accommodation; Exceptions," is hereby amended by deleting the last sentence in subsection A. 2. Title 2, entitled "Human Rights," Chapter 3, entitled "Discriminatory Practices," Section 2, entitled "Public Accommodation; Exceptions," is hereby amended by adding the following new Subsections: E. It shall not be unlawful for a public accommodation to take any action otherwise prohibited by this Section where age is a bona fide factor or qualification based on health, safety or developmental differences between age groups. In order to establish that the exception applies, a place of public accommodation must show the restriction or policy is necessary to protect the health, safety, or developmental differences of persons based on age alone. Developmental differences of persons based on age means the social, emotional, physical and intellectual development of a person based on the chronological age of a person. F. Nothing in this section shall prohibit restrictions regarding the consumption of alcoholic beverages by those under the legal drinking age or the presence of persons under the legal drinking age in places of public accommodation where alcoholic beverages are served. G. This section shall not apply to discounts for services or accommodations based upon age. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 15thday of October , 2013. ATTEST: )1,� , CITY C RK Approved by: 9 - ) `C,3 City Attorney's Office s Ordinance No. 13 -4560 Page 2 It was moved by Mims and seconded by n; rkPns that the Ordinance as read be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 10/01/13 Vote for passage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 10/24/13 Moved by Mims, seconded by Dobyns, 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: Hayek, Mims, Payne, Throgmorton, Champion, Dickens, Dobyns. NAYS: None. ABSENT: None. Prepared by: Kent Ralston, Acting Traffic Eng. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5253 ORDINANCE NO. 13 -4561 CONSIDER AN ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS", SUBSECTION C, ENTITLED "SCHOOL SPEED ZONES" TO CREATE A 20 MPH SCHOOL SPEED ZONE FOR MANN ELEMENTARY SCHOOL WHEREAS, it is in the best interest of the City to define maximum allowable speeds for vehicles on public streets and highways; WHEREAS, it is in the best interest of the City to limit vehicle speeds near schools to 20 MPH to create a safer environment for school children; WHEREAS, City Code Section 9- 3 -6(C) currently defines 20 MPH school speed zones for streets near elementary schools; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Sub - Section C, entitled "School Speed Zones" is hereby amended by adding the following language: Name of Street Where Limit Applies Church Street From N. Van Buren Street to N. Dodge Street SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION Ill. 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 15th day of October , 2013. MAYOR ATTEST: CITY CrERK Appr ed by City Attorney's Office Page 1 of 1 10 Ordinance No. 13 -4561 Page 2 It was moved by Mims and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 10/01/13 Vote for passage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. NAYS: None. ABSENT: None. Second Consideration - -- Vote for passage: Date published 10/24/13 Moved by Mims, seconded by Dobyns, 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: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. � I!_.� CITY OF IOWA CITY A•� MEMORANDUM Date: October 9, 2013 To: Tom Markus, City Manager From: John Yapp, Transportation Planner Re: Request for 20 MPH School Speed Zone on Dodge St adjacent to Horace Mann School At the October 1, 2013 City Council meeting, a question was raised regarding the Iowa Department of Transportation's denial of the request to establish a 20 MPH School Speed Zone on Dodge St adjacent to Horace Mann School. Transportation Planning Division staff did request permission from Iowa DOT to establish the School Speed Zone on Dodge St, which is a part of State Highway 1. The request was denied by the DOT District 6 Traffic Technician. His rational for the decision was based on traffic engineering standards, primarily the lack of recorded collision history as well as the fact that the DOT is unaware of any other 20mph school speed zones on other state highways. A final rational for the denial was that lowering the speed limit would have little effect on actual vehicle speeds adjacent to the school. The Church St / Dodge St intersection adjacent to Mann School is controlled by a traffic signal and crossing guard for school - related pedestrian traffic. Feel free to contact me at John- Yapp(cNowa- Citv.orq or 356 -5252 with any questions.