HomeMy WebLinkAbout2013-10-15 Ordinance11177 9 -=
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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.